MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Human Services
By: Representative Currie
AN ACT TO ABOLISH THE MISSISSIPPI STATE BOARD OF EXAMINERS FOR LICENSED PROFESSIONAL COUNSELORS AND TRANSFER ITS POWERS AND DUTIES TO THE BOARD OF EXAMINERS FOR SOCIAL WORKERS AND MARRIAGE AND FAMILY THERAPISTS, WHICH SHALL BE RENAMED THE BOARD OF EXAMINERS FOR SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS, AND LICENSED PROFESSIONAL COUNSELORS; TO AMEND SECTION 73-53-8, MISSISSIPPI CODE OF 1972, TO EXPAND THE MEMBERSHIP OF THE BOARD OF EXAMINERS FOR SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND LICENSED PROFESSIONAL COUNSELORS TO INCLUDE LICENSED PROFESSIONAL COUNSELORS; TO PROVIDE FOR THE APPOINTMENT OF THE LICENSED PROFESSIONAL COUNSELOR MEMBERS OF THE BOARD; TO AMEND SECTIONS 73-30-3, 73-30-7, 73-30-9, 73-30-21, 73-53-3, 73-53-10, 73-53-11, 73-53-15, 73-53-17, 73-53-23 AND 73-54-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL SECTION 73-30-5, MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISSISSIPPI STATE BOARD OF EXAMINERS FOR LICENSED PROFESSIONAL COUNSELORS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Mississippi State Board of Examiners for Licensed Professional Counselors is abolished and its powers and duties are transferred to the Board of Examiners for Social Workers and Marriage and Family Therapists, which is renamed the Board of Examiners for Social Workers, Marriage and Family Therapists, and Licensed Professional Counselors. The special account in the State Treasury known as the Board of Examiners for Licensed Professional Counselors Account is abolished and the unexpended funds in that account are transferred to the special fund created in Section 73-53-10.
SECTION 2. Section 73-53-8, Mississippi Code of 1972, is amended as follows:
73-53-8. (1) There is
created the Board of Examiners for Social Workers * * *, Marriage and Family Therapists,
and Licensed Professional Counselors to license and regulate social workers * * *, marriage and family therapists,
and licensed professional counselors. The board shall be composed of * * * fourteen (14) members, six (6)
of which shall be social workers * * *, four (4) of which shall be marriage
and family therapists, and four (4) of which shall be licensed professional
counselors.
(2) (a) Of the social worker members of the board, two (2) must be licensed social workers, and four (4) must be licensed master social workers or licensed certified social workers or a combination thereof.
(b) The marriage and family therapist members of the board must be licensed marriage and family therapists. For at least two (2) years immediately preceding his or her appointment, each marriage and family therapist appointee must have been actively engaged as a marriage and family therapist in rendering professional services in marriage and family therapy, or in the education and training of master's, doctoral or post-doctoral students of marriage and family therapy, or in marriage and family therapy research, and during the two (2) years preceding his or her appointment, must have spent the majority of the time devoted to that activity in this state. The initial marriage and family therapist appointees shall be deemed to be and shall become licensed practicing marriage and family therapists immediately upon their appointment and qualification as members of the board. All subsequent marriage and family therapist appointees to the board must be licensed marriage and family therapists before their appointment.
(c) The licensed professional counselor members of the board must be licensed professional counselors, two (2) of whom are primarily engaged as licensed counselors in private or institutional practice and two (2) of whom are primarily engaged in teaching, training or research in counseling at the corporate or university level. Not more than one (1) of the licensed professional counselor members may be employed by, or receive compensation from, any one (1) institution, organization or partnership at the time of appointment.
(3) The Governor shall
appoint * * *
ten (10) members of the board, four (4) of which shall be social workers * * *, two (2) of which shall be marriage
and family therapists, and four (4) of which shall be licensed professional
counselors. The Lieutenant Governor shall appoint four (4) members of the
board, two (2) of which shall be social workers and two (2) of which shall be
marriage and family therapists. Social worker members of the board shall be
appointed from nominations submitted by the Mississippi Chapter of the National
Association of Social Workers * * *, Marriage and Family Therapist
members of the board shall be appointed from nominations submitted by the
Mississippi Association for Marriage and Family Therapy. Licensed professional counselor members
of the board shall be appointed from nominations submitted by the Mississippi
Counseling Association. Of the nominees submitted by the Mississippi
Counseling Association, at least two (2) names shall be submitted from each
congressional district as those districts existed on January 1, 2014. All
appointments shall be made with the advice and consent of the Senate.
(4) (a) The initial appointments to the board of the social worker members and the marriage and family therapy members shall be made as follows: The Governor shall appoint one (1) social worker member for a term that expires on June 30, 1999, one (1) social worker member for a term that expires on June 30, 2001, two (2) social worker members for terms that expire on June 30, 2002, one (1) marriage and family therapist member for a term that expires on June 30, 1998, and one (1) marriage and family therapist member for a term that expires on June 30, 2000. The Lieutenant Governor shall appoint one (1) social worker member for a term that expires on June 30, 1998, one (1) social worker member for a term that expires on June 30, 2000, one (1) marriage and family therapist member for a term that expires on June 30, 1999, and one (1) marriage and family therapist member of the board for a term that expires on June 30, 2001.
(b) The initial appointments to the board of the licensed professional counselor members shall be made as follows: The Governor shall appoint one (1) member for a term that expires on June 30, 2015, one (1) member for a term that expires on June 30, 2016, one (1) member for a term that expires on June 30, 2017, and one (1) member for a term that expires on June 30, 2018. The Governor shall appoint one (1) member from each of the four (4) congressional districts as those districts existed on January 1, 2014.
(c) After the expiration of the initial terms, all subsequent appointments shall be made by the original appointing authorities for terms of four (4) years from the expiration date of the previous term. Upon the expiration of his or her term of office, a board member shall continue to serve until his or her successor has been appointed and has qualified. No person may be appointed more than once to fill an unexpired term or more than two (2) consecutive full terms.
(5) Any vacancy on the board before the expiration of a term shall be filled by appointment of the original appointing authority for the remainder of the unexpired term. Appointments to fill vacancies shall be made from nominations submitted by the appropriate organization as specified in subsection (2) of this section for the position being filled.
(6) The appointing authorities shall give due regard to geographic distribution, race and sex in making all appointments to the board.
(7) The board shall select one (1) of its members to serve as chairman during the term of his or her appointment to the board. No person may serve as chairman for more than four (4) years. The board may remove any member of the board or the chairman from his or her position as chairman for (a) malfeasance in office, or (b) conviction of a felony or a crime of moral turpitude while in office, or (c) failure to attend three (3) consecutive board meetings. However, no member may be removed until after a public hearing of the charges against him or her, and at least thirty (30) days' prior written notice to the accused member of the charges against him or her and of the date fixed for such hearing. No board member shall participate in any matter before the board in which he has a pecuniary interest, personal bias or other similar conflict of interest.
(8) Board members shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official board business as provided in Section 25-3-41.
(9) Four (4) social worker
members * * *,
three (3) marriage and family therapist members, and three (3) licensed
professional counselor members of the board shall constitute a quorum of
the board. In making its decisions and taking actions affecting the members of
one (1) of the professions regulated by the board, the board shall consider the
recommendations of the board members who are members of that profession. If
the board is unable to have a quorum present at a regularly scheduled meeting
location, the board may allow other members to participate in the meeting by
telephone or other electronic means. In the case of an administrative hearing,
when recusals from the process are necessary, a quorum may consist of a simple
majority of * * *
eight (8) members.
(10) The principal office of the board shall be in the City of Jackson, but the board may act and exercise all of its powers at any other place. The board shall adopt an official seal, which shall be judicially noticed and which shall be affixed to all licenses issued by the board.
(11) The board is authorized to employ, subject to the approval of the State Personnel Board, an executive director and such attorneys, experts and other employees as it may, from time to time, find necessary for the proper performance of its duties and for which the necessary funds are available, and to set the salary of the executive director, subject to the approval of the State Personnel Board.
(12) The board, by a
majority vote, from time to time, may make such provisions as it deems
appropriate to authorize the performance by any board member or members,
employee or other agent of the board of any function given the board in this
chapter * * *,
in Sections 73-54-1 through 73-54-39, or in Sections 73-30-1 through 73-30-29.
SECTION 3. Section 73-30-3, Mississippi Code of 1972, is amended as follows:
73-30-3. The following
terms shall have the meaning ascribed * * * in this section unless the
context * * *
otherwise requires:
(a) "Licensed
professional counselor" * * * means and is restricted to any
person who holds himself or herself 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 or she is licensed.
(b) "Practice of
counseling/psychotherapy" * * * means rendering, offering to
render or supervising those who render to individuals, groups, organizations,
corporations, institutions, government agencies or the general public any
service involving the applications of counseling 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/psychotherapy procedures" * * * means 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.
Counseling/Psychotherapy involves diagnosis, assessment and treatment by use of
the following:
(i) Counseling/psychotherapy methods and techniques, both verbal and nonverbal, which require the application of principles, methods or procedures of understanding, predicting and/or influencing behavior, and motivation;
(ii) Informational and community resources for personal or social development;
(iii) Group and/or placement methods and techniques which serve to further the goals of counseling;
(iv) Designing, conducting and interpreting research on human subjects or 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"
shall mean the * * *
State Board of Examiners for Social Workers, Marriage and Family Therapists,
Licensed Professional Counselors created in Section 73-53-8.
SECTION 4. Section 73-30-7, Mississippi Code of 1972, is amended as follows:
73-30-7. * * *
( * * *1) After a person has applied for
licensure, no member of the board may supervise * * * that applicant for a fee, nor shall
any member vote on any applicant previously supervised by that member.
* * *
( * * *2) The board-approved examination for
licensure shall be administered at least once a year. Examinations may be
written, oral, situational, or any combination thereof, and shall deal with
theoretical and applied fields in counseling. In written examinations, the
examinee's name shall not be disclosed to any person grading the examination
until that grading is complete.
* * *
SECTION 5. 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, and has not engaged or is not engaged in any practice or conduct that would be a ground for refusing to issue a license under Section 73-53-17.
(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( * * *2).
(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.
SECTION 6. 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, * * * impose upon a license holder * * * any of the sanctions provided for in
Section 73-53-23 upon a determination by the board that * * * the license holder or applicant for
licensure has committed any of the actions listed in Section 73-53-17(1) or
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;
(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; or
(h) Aided or assisted another in falsely obtaining a license under this chapter.
(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 hereby 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.
SECTION 7. Section 73-53-3, Mississippi Code of 1972, is amended as follows:
73-53-3. As used in this chapter:
(a) "Board"
means the Board of Examiners for Social Workers * * *, Marriage and Family Therapists,
and Licensed Professional Counselors created under Section 73-53-8.
(b) "Social work practice" means the professional activity directed at enhancing, protecting or restoring people's capacity for social functioning, whether impaired by physical, environmental or emotional factors.
(c) "Master's social work practice" means the application of social work theory, knowledge, methods and ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations and communities. Master's social work practice includes the application of specialized knowledge and advanced practice skills in the areas of assessment, treatment planning, implementation and evaluation, case management, information and referral, counseling, supervision, consultation, education, research, advocacy, community organization and the development, implementation, and administration of policies, programs and activities. Under supervision as provided in this chapter, the practice of master's social work may include the practices reserved to clinical social workers.
(d) "Macro social work practice" focuses on changing larger systems, such as communities and organizations. It encompasses a broad spectrum of practice, including planning, program development, community organizing, policy analysis, legislative advocacy, program evaluation, task-oriented group work, community education, and human services management.
(e) "Clinical social work practice" means the application of social work methods, knowledge, theory, and ethics in the application of specialized clinical knowledge and advanced clinical skill in areas of assessment, diagnosis, and treatment of mental, emotional, and behavioral disorders, conditions, and addictions. This involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of therapy services to those persons. Licensed clinical social workers may provide evaluations consistent with the scope of their education, training and experience, which shall occur within the context of a therapeutic relationship.
(f) "Clinical supervision" means an interactional professional relationship between a supervisor and a social worker that provides evaluation and direction over the supervisee's practice of clinical social work and promotes continued development of the social worker's knowledge, skills, and abilities to engage in the practice of clinical social work in an ethical and competent manner. "Approved clinical supervisor" means a licensed clinical social worker who has met the qualifications to be a clinical supervisor as determined by the board.
(g) "Supervision" means the professional relationship between a supervisor and a social worker that provides evaluation and direction over the services provided by the social worker and promotes continued development of the social worker's knowledge, skills and abilities to provide social work services in an ethical and competent manner.
(h) "Examination(s)" means that test or exam which is endorsed and prescribed by the Association of Social Work Boards.
(i) "ASWB" means Association of Social Work Boards.
(j) "Advertise" means, but is not limited to, issuing or causing to be distributed any card, sign or device to any person; causing, permitting or allowing any sign or marking on or in any building; broadcasting by radio, television, or the Internet; or advertising by any other means designed to secure public attention.
(k) "Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating it on signs, mailboxes, address plates, stationery, announcements, calling cards, the Internet or other instruments of professional identification.
(l) "Person" means any individual, firm, corporation, partnership, organization or body politic.
(m) "Continuing education" means education and training that are oriented to maintain, improve or enhance social work practice knowledge and skills at the post-baccalaureate level. "Continuing education hour" means a sixty-minute clock hour of instruction, not including breaks or meals.
SECTION 8. Section 73-53-10, Mississippi Code of 1972, is amended as follows:
73-53-10. (1) No appropriations from the State General Fund shall be used to operate the board. The board shall be supported by fees collected for license application and renewal and/or other monies raised by the board.
(2) All fees and any other
monies received by the board shall be deposited in a special fund that is
created in the State Treasury and shall be used for the implementation and
administration of this chapter * * *, Sections 73-54-1 through 73-54-39 and
Sections 73-30-1 through 73-30-29 when appropriated by the Legislature for * * * that purpose. The monies in the
special fund shall be subject to all provisions of the state budget laws that
are applicable to special fund agencies, and shall be disbursed by the State
Treasurer only upon warrants issued by the State Fiscal Officer upon
requisitions signed by a designated board member and staff member designated by
the board. Any interest earned on this special fund shall be credited by the
State Treasurer to the fund and shall not be paid into the State General Fund.
Any unexpended monies remaining in the special fund at the end of a fiscal year
shall not lapse into the State General Fund.
SECTION 9. Section 73-53-11, Mississippi Code of 1972, is amended as follows:
73-53-11. (1) In addition
to the duties set forth elsewhere in this chapter * * *, in Sections 73-54-1 through 73-54-39
and in Sections 73-30-1 through 73-30-29, the board is authorized to:
(a) Review the quality and availability of social work services provided in this state and make recommendations for change to the Legislature;
(b) Recommend to the
appropriate law enforcement official the bringing of civil actions to seek
injunctions and other relief against individuals engaged in the unlicensed
practice of social work * * *or, marriage and family therapy or
counseling/psychotherapy for violations of this chapter * * *, Sections 73-54-1 through 73-54-39 or
Sections 73-30-1 through 73-30-29;
(c) Adopt, amend or
repeal any rules or regulations necessary to carry out the purposes of this
chapter * * *,
Sections 73-54-1 through 73-54-39 and Sections 73-30-1 through 73-30-29
and the duties and responsibilities of the board;
(d) Examine and determine the qualifications and fitness of applicants for licenses to practice social work and marriage and family therapy in this state and prepare or approve and conduct all examinations of applicants for licensure;
(e) Issue, renew, deny, suspend or revoke licenses to practice social work and marriage and family therapy in this state or otherwise discipline individuals licensed by the board;
(f) Investigate
alleged or suspected violations of the provisions of this chapter * * *, Sections 73-54-1 through 73-54-39 and
Sections 73-30-1 through 73-30-29 or other laws of this state pertaining to
social work * * *,
marriage and family therapy and counseling/pyschotherapy and any rules
and regulations adopted by the board;
(g) Establish reasonable fees for application for examination, certificates of licensure and renewal, and other services provided by the board, not to exceed the amounts specified in Section 73-53-15;
(h)
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 in any proceeding before the board any witness fails or refuses to
attend upon subpoena issued by the board, refuses to testify, or refuses to
produce any books and papers the production of which is called for by the
subpoena, the attendance of that witness and the giving of his testimony and
the production of the books and papers 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 civil cases in the courts of this
state;
(i) Maintain an office and employ or retain appropriate personnel
to carry out the powers and duties of the board;
(j) Adopt a code of
ethics for licensed social workers that includes the current National
Association of Social Workers Code of Ethics, * * * a code of ethics for licensed marriage and
family therapists that includes the American Association for Marriage and
Family Therapy Code of Ethics, and a code of ethics for licensed
professional counselers that includes the current code of ethics of The
American Counseling Association.
(k) Regulate the
practice of social work * * *and, marriage and family therapy and
counseling/psychotherapy by interpreting and enforcing this chapter * * *, Sections 73-54-1 through 73-54-39 and
Sections 73-30-1 through 73-30-29;
(l) Provide for the
examination and supervision requirements for social workers * * *, marriage and family therapists and
licensed professional counselors;
(m) Establish
mechanisms for assessing the continuing professional competence of social
workers * * *,
marriage and family therapists and licensed professional counselors;
(n) Set criteria for continuing education;
(o) Establish and collect fees for sustaining the necessary operation and expenses of the board;
(p) Publish, at least annually, final disciplinary actions against licensees;
(q) 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;
(r) 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 agencies and with a 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;
(s) Participate in or conduct performance audits;
(t) Through its
employees and/or representatives, enter and make inspections of any workplace
or practice of a social worker * * *, marriage and family therapist or
licensed professional counselor who is subject to investigation by the
board in order to inspect and/or copy any record pertaining to clients or the
practice of social work * * *or, marriage and family therapy or
counseling/psychotherapy under this chapter * * *, Sections 73-54-1 through 73-54-39
and/or Sections 73-30-1 through 73-30-29; and
(u) Conduct a criminal history records 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 undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant or licensee, as applicable, shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose. The department shall disseminate the results of the state check and the national check to the board for a suitability determination. The board shall be authorized to charge and collect from the applicant or licensee, in addition to all other applicable fees and costs, any amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant or licensee.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's or licensee's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, without the written consent of the applicant or licensee or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
(2) The board shall have such other powers as may be required to carry out the provisions of this chapter.
(3) The powers and duties
enumerated in this section are granted for the purpose of enabling the board to
safeguard the public health, safety and welfare against unqualified or
incompetent practitioners of social work * * *, marriage and family therapy or
counseling/psychotherapy, and are to be liberally construed to accomplish
this objective.
SECTION 10. Section 73-53-15, Mississippi Code of 1972, is amended as follows:
73-53-15. (1) Upon passing the examination and meeting the requirements prescribed for licensure and upon paying the initial licensure fee, an applicant shall be issued the appropriate license by the board. Except as provided in Section 33-1-39, licenses shall be renewed biennially after initial licensure in the manner prescribed by the rules and regulations of the board and upon the payment of the fees for renewal prescribed by the board. However, the fee for an initial license may be prorated in proportion to the period of time from the date of issuance.
(2) Any person who desires
to be licensed as a social worker * * *, marriage and family therapist or
licensed professional counselor shall apply to the board in writing on a
form furnished by the board. The applicant shall provide any documents as
required by the application forms provided by the board. The applicant shall
pay the board at the time of filing an application fee to the board, no part of
which shall be refunded. Additionally, the board shall adopt a fee schedule by
rule and regulation, which shall include late fees.
(3) The initial and renewal license fees shall not exceed Two Hundred Dollars ($200.00) for a licensed social worker, Two Hundred Fifty Dollars ($250.00) for a licensed master's social worker, and Three Hundred Fifty Dollars ($350.00) for a licensed certified social worker. When increased by the board, fees may not be increased by more than ten percent (10%) of the amount of the previous year's fee.
(4) Notwithstanding subsections (1) and (2) of this section, in all instances where the board uses the services of a national testing service for preparation, administration, or grading of examinations, the applicant shall pay the required fees to the national testing service, in addition to other board fees.
(5) During a lawfully
declared local, state or national disaster or emergency, the board may issue a
temporary license to any otherwise qualified social worker * * *, marriage and family therapist or
licensed professional counselor who is licensed and in good standing in
another state or territory of the United States of America and who meets any
other requirements as the board may prescribe by rule and regulation.
(6) Every person to whom a license is issued under the authority of the board shall, as a condition precedent to its issuance, pay the application and any other fee(s) prescribed by the board.
SECTION 11. Section 73-53-17, Mississippi Code of 1972, is amended as follows:
73-53-17. (1) Individuals licensed by the board shall conduct their activities, services and practice in accordance with the laws governing their professional practice and any rules promulgated by the board. Licensees and applicants may be subject to the exercise of the sanctions enumerated in Section 73-53-23 if the board finds that a licensee or applicant has committed any of the following:
(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) Violating the rules and regulations established by the board;
(e) Violating the
National Association of Social Workers Code of Ethics * * *, the American Association for
Marriage and Family Therapy Code of Ethics or The American Counseling
Association Code of Ethics;
(f) 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;
(g) Being convicted of any crime which is a felony under the laws of this state or of the United States of America;
(h) Engaging in or permitting the performance of unacceptable services personally due to the licensee's deliberate or grossly negligent act or acts or failure to act, regardless of whether actual damage or damages to the public is established, or assuming responsibility for another's work by signing documents without personal knowledge of the work as established by board rule;
(i) Continued practice although the licensee has become unfit to practice social work 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;
(j) Continued practice although the individual failed to renew and has a lapsed license;
(k) Having disciplinary action taken against the licensee's license in another state;
(l) Making differential, detrimental treatment against any person because of race, color, creed, sex, religion or national origin;
(m) Engaging in lewd conduct in connection with professional services or activities;
(n) Engaging in false or misleading advertising;
(o) Contracting, assisting or permitting unlicensed persons to perform services for which a license is required under this chapter;
(p) Violation of any probation requirements placed on a licensee by the board;
(q) Revealing confidential information except as may be required by law;
(r) Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee;
(s) Charging excessive or unreasonable fees or engaging in unreasonable collection practices.
(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) Failure to comply with a board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Section 73-53-23.
(4) 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.
SECTION 12. Section 73-53-23, Mississippi Code of 1972, is amended as follows:
73-53-23. (1) The board may impose any of the following sanctions, singly or in combination, when it finds that a licensee or applicant has committed any offense listed in Section 73-53-17:
(a) Revocation of the license;
(b) Suspension of the license, for any period of time;
(c) Censure the licensee;
(d) Issue a letter of reprimand to the licensee;
(e) Impose a monetary penalty in an amount not to exceed Five Hundred Dollars ($500.00) for the first violation, One Thousand Dollars ($1,000.00) for the second violation, and Five Thousand Dollars ($5,000.00) for the third and each subsequent violation;
(f) Place a licensee on probationary status and require the licensee to submit to any of the following: (i) report regularly to the board upon matters which are the basis of probation; (ii) continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are basis of probation; or (iii) such other reasonable requirement or restrictions as are proper;
(g) Refuse to issue or renew a license;
(h) Revoke probation which has been granted and impose any other disciplinary action in this subsection when the requirements of probation have not been fulfilled or have been violated;
(i) Restrict a license; and/or
(j) Accept a voluntary surrendering of a license based on an order of consent from the board.
(2) The board may summarily
suspend a license issued by the board without a hearing simultaneously with the
filing of a formal complaint and notice for a hearing provided by this chapter * * *, Sections 73-54-1 through 73-54-39 and
Sections 73-30-1 through 73-30-29 pending proceedings before the board. If
the board suspends summarily a license under the provisions of this subsection,
a hearing must begin within twenty (20) days after such suspension begins,
unless continued at the request of the licensee.
(3) Disposition of any formal complaint may be made by consent order or stipulation between the board and the licensee.
(4) The board may reinstate any licensee to good standing under this chapter if the board is satisfied that the applicant's renewed practice is in the public interest. The procedure for the reinstatement of a license that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(5) The board shall seek to achieve consistency in the application of the foregoing sanctions, and significant departure from prior decisions involving similar conduct shall be explained by the board.
(6) In addition to any other power that it has, the board may issue an advisory letter to a licensee if it finds that the information received in a complaint for an investigation does not merit disciplinary action against the licensee.
(7) The board may also assess and levy upon any licensee or applicant for licensure the costs incurred or expended by the board in the investigation and prosecution of any licensure or disciplinary action including, but not limited to, the cost of process service, court reports, expert witness, investigators, and attorney's fees.
SECTION 13. Section 73-54-5, Mississippi Code of 1972, is amended as follows:
73-54-5. As used in this chapter and in Section 73-53-8, unless the context clearly requires a different meaning:
(a) "Licensed marriage and family therapist" means a person to whom a license has been issued under this chapter and Section 73-53-8, which license is in force and not suspended or revoked as of the particular time in question.
(b) "Licensed marriage and family therapy associate" means a person to whom a marriage and family therapy associate license has been issued under this chapter and Section 73-53-8, which license is in force and not suspended or revoked as of the particular time in question.
(c) "Marriage and family therapy" means the rendering of professional therapy services to individuals, families or couples, singly or in groups, and involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of therapy services to those persons.
(d) "Practice of marriage and family therapy" means the rendering of professional marriage and family therapy services to individuals, couples and families, singly or in groups, whether those services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise.
(e) "Advertise" means, but is not limited to, issuing or causing to be distributed any card, sign or device to any person; causing, permitting or allowing any sign or marking on or in any building; broadcasting by radio or television; or advertising on the Internet or by any other means designed to secure public attention.
(f) "Use a title or description of" means to hold oneself out to the public as having a particular status by means of stating it on signs, mailboxes, address plates, stationery, announcements, calling cards, the Internet or other instruments of professional identification.
(g) "Board"
means the Board of Examiners for Social Workers * * *, Marriage and Family Therapists and
Licensed Professional Counselors created by Section 73-53-8.
(h) "Institution of higher education" means any regionally accredited institution of higher learning in the United States that offers a master's or doctoral degree; for foreign universities, this term means an institution of higher education accredited by a legal agency of that country that is satisfactory to the board.
(i) "Examination" means the test or exam endorsed or prescribed by the Association for Marital and Family Therapy Regulatory Boards.
(j) "Person" means any individual, firm, corporation, partnership, organization or body politic.
SECTION 14. Section 73-30-5, Mississippi Code of 1972, which creates the Mississippi State Board of Examiners for Licensed Professional Counselors, is repealed.
SECTION 15. This act shall take effect and be in force from and after July 1, 2014.