MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Human Services
By: Representative Mayo
AN ACT TO AMEND SECTION 73-30-9, MISSISSIPPI CODE OF 1972, TO REQUIRE A CRIMINAL HISTORY RECORDS CHECK ON APPLICANTS FOR LICENSURE AND FOR LICENSE RENEWAL AS LICENSED PROFESSIONAL COUNSELORS; TO AMEND SECTION 73-30-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE FILING OF AN APPEAL OF AN ADVERSE RULING OF THE LICENSED PROFESSIONAL COUNSELORS BOARD TO THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY INSTEAD OF THE COUNTY OF THE APPLICANT'S RESIDENCE; TO AMEND SECTION 73-30-21, MISSISSIPPI CODE OF 1972, TO REQUIRE THE FILING OF AN APPEAL OF A DECISION OF THE LICENSED PROFESSIONAL COUNSELORS BOARD TO THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY, AND AN APPEAL OF THE CIRCUIT COURT TO THE MISSISSIPPI SUPREME COURT; TO ESTABLISH THE CHANCERY COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY AS THE VENUE FOR APPLYING FOR ORDERS ENJOINING THE UNLAWFUL PRACTICE OF COUNSELING AND/OR FALSE REPRESENTATION AS A LICENSED PROFESSIONAL COUNSELOR; TO AMEND SECTION 73-30-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BIENNIAL LICENSE RENEWAL FEE SHALL BE $200.00, AND TO AUTHORIZE THE BOARD TO INCREASE THE BIENNIAL LICENSE FEE TO AN AMOUNT NOT TO EXCEED $400.00 IF THE BOARD FINDS IT NECESSARY FOR THE ENFORCEMENT AND REGULATION OF THE LICENSURE LAW; TO REQUIRE A CRIMINAL HISTORY RECORDS CHECK ON APPLICANTS FOR LICENSE RENEWAL AS LICENSED PROFESSIONAL COUNSELORS; TO ESTABLISH FEES FOR VARIOUS SERVICES PROVIDED BY THE BOARD AND TO AUTHORIZE THE BOARD TO ESTABLISH ADDITIONAL FEES FOR SERVICES AS THE BOARD DEEMS NECESSARY FOR THE REGULATION AND ENFORCEMENT OF THE LICENSURE LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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) (i) * * *
To qualify for a Mississippi license as a licensed professional
counselor, an applicant must have successfully been cleared for licensure
through an investigation that consists of a determination as to good moral
character and verification that the prospective licensee is not guilty of or in
violation of any statutory ground for denial of licensure as set forth in
Section 73-30-21. To assist the board in conducting its licensure
investigation, the board shall require each first-time applicant for
licensure and * * * applicants for license renewal to * * *
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 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.
(ii) 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 eligibility or disqualification for registration, 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 registration, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
(iii) The applicant shall provide to the department his or her fingerprints, any additional information that may be required by the department, a form signed by the applicant consenting to the check of the criminal records and the use of the fingerprints and other identifying information required by the state or national repositories, and release of state and national criminal history records information to the board.
(iv) The applicant shall bear all applicable fees and costs associated with requesting and submitting state and national criminal history records information to the board.
SECTION 2. Section 73-30-11, Mississippi Code of 1972, is amended as follows:
73-30-11. Following a decision by the board not to license, the applicant may request a hearing at the next regularly scheduled meeting of the board. The applicant will be notified of the decision of the majority of the board members within sixty (60) days of the hearing. Upon a final decision by the board not to license, the applicant may (after waiting a period of at least one (1) year) resubmit the application accompanied by new evidence and a nonrefundable application fee of One Hundred Dollars ($100.00) for reconsideration for licensure.
The applicant may appeal the decision of the board to the circuit court of the * * * First Judicial District of Hinds County, Mississippi. Any appeal to the circuit court must be taken within sixty (60) days of the date of the board's decision. An appeal of the decision of the circuit court may be taken to the Mississippi Supreme Court not later than sixty (60) days from the date of the decision by the circuit court.
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;
(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) A license holder or applicant for licensure may appeal the decision of the board to the Circuit Court of the First Judicial District of Hinds County, Mississippi. A license holder or applicant for licensure may appeal the decision of the circuit court to the Mississippi Supreme Court.
( * * *5) The Chancery Court of
the First Judicial District of Hinds County 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.
( * * *6) 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 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 * * * Two Hundred Dollars ($200.00)
per biennial licensing renewal period. * * * The
board may increase the biennial license
renewal fee to an amount not to exceed Four Hundred Dollars ($400.00) if the board finds the increase necessary for the
regulation and enforcement of this chapter.
(2) From and after January 1, 2004, a licensed professional counselor must complete twelve (12) hours of continuing education before a license may be renewed. Continuing education courses must be in the field in which the counselor practices. A minimum of three (3) hours of continuing education must be in the field of professional ethics. 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.
(3) All licenses will be renewed biennially on or before June 30 of the applicable year. All applicants for license renewal shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database under the provisions of Section 73-30-9(i). The evidence of the following must be received in the Office of the State Board of Examiners for Licensed Professional Counselors on or before June 30 of the year of renewal by every license holder who intends to continue to practice: Each active Licensed Professional Counselor licensee must accrue 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.
(4) (a) The board shall charge application fees of One Hundred Dollars ($100.00) for application for licensure and One Hundred Dollars ($100.00) for reapplication.
(b) The board shall charge a biennial certification fee of Fifty Dollars ($50.00) for a board qualified supervisor.
(c) The board shall charge a file transfer fee of Forty Dollars ($40.00).
(d) The board shall charge a duplicate license/renewal card fee of Thirty Dollars ($30.00).
(e) The board shall charge a name change fee of Thirty Dollars ($30.00).
(f) The board may establish additional fees for services that the board deems necessary for the regulation and enforcement of this chapter. These additional fees shall not exceed the cost of rendering the service.
SECTION 5. This act shall take effect and be in force from and after July 1, 2014.