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Mississippi Code of 1972, Annotated (LPC Law) 1-10. Revised April 2015 ... Violation of the American Counseling Association Code of Ethics and Standards of.
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Rules and Regulations
Mississippi State Board of Examiners for Licensed Professional Counselors
CHAPTER 1: General Provisions Rule 1.1 Statutory Authority 3 Rule 1.2 Non-Discrimination 3 Rule 1.3 Purpose 3 Rule 1.4 Definitions 4
CHAPTER 2: Fees Rule 2.1 Fee Schedule 7 Rule 2.2 General Provisions 8 Rule 2.3 Reapplication and Lapsed License Fee and Process 8
CHAPTER 3: Organization Rule 3.1 Mississippi Board of Examiners for Licensed Professional Counselors 9 Rule 3.2 Board Operations 12 Rule 3.3 Open Meetings Law and Open Records Policy 13 Rule 3.4 Oral Proceedings on Proposed Rules 14 Rule 3.5 Declaratory Opinions 16
CHAPTER 4: Licensure Requirements Rule 4.1 General Requirements 19 Rule 4.2 Education Requirements 21 Rule 4.3 Experience Requirements 23 Rule 4.4 Mississippi Qualified Supervisor Requirements 25 Rule 4.5 Supervision Criteria 26 Rule 4.6 Examination Requirements 27 Rule 4.7 Agreement of Reciprocity 29 Rule 4.8 Licensure by Comity 29
CHAPTER 5: Application Procedure Rule 5.1 Phases of the Application Process 30 Rule 5.2 Administrative Appeal 32 Rule 5.3 Reapplication/Reinstatement 33 Rule 5.4 Licensure Categories 33
CHAPTER 6: License Renewal and Duplicate/Replacement Wall Certificates Rule 6.1 Biennial Renewal 34 Rule 6.2 Continuing Education Requirements 35
Rule 7.5: Practice of Distance Professional Services
E. Evaluation of qualifications of individuals applying for professional licensure;
F. Issuance and renewal of professional licensure to qualified persons;
G. Setting fees necessary for administration of the licensure program; and,
H. Establishing criteria for disciplinary actions against Licensees.
Source: Miss Code Ann. § 73-30-5 & 73-30-7 (6) (Rev. 2008)
Rule 1.4: Definitions.
Note: The terms counseling and psychotherapy are used interchangeably throughout this document.
A. Applicant: An individual who has submitted an application packet for licensure as a Licensed Professional Counselor.
B. Approved Educational Institution: An institution offering a graduate degree which is accredited by a regional or national accrediting body approved by the Board.
C. Active Status: An individual Licensee who is in good standing, including timely submission of all fees, changes of information, etc., and without sanctions, will be considered to be current.
D. Board: The Mississippi State Board of Examiners for Licensed Professional Counselors.
E. Board Qualified Supervisor (BQS) (LPC-S): A Mississippi LPC who has completed the Board requirements and been approved to provide supervision to an Applicant as his or her Clinical Supervisor. A BQS is one who monitors the performance of an applicant by providing documented one-to-one and/or group face-to-face consultation, guidance, and instruction with respect to the clinical skills and competencies of the supervised individual. A BQS is required to be trained in Clinical Applicant supervision, have the required experience, and have been approved by the Board as a BQS and identified by the LPC-S designation. (as referenced in Rule 4.4(A))
F. Candidate: A person who has satisfactorily completed all educational and experience requirements for licensure and has been deemed eligible by the Board to sit for the Board required examination.
G. Clock Hours: Fifty-sixty minutes in a continuing education activity.
H. Clinical Setting: A setting in which professional counseling/psychotherapy is offered; this may include a university counseling laboratory.
I. Competency Area: An area in which a person possesses training, experience, knowledge, skills, and the ability to apply them in the clinical setting.
J. Complainant: A person who has filed an allegation with the Board against a Licensee.
K. Continuing Education Hours (CEH): Term representing the clock hours of continuing education and how a Licensee may describe his/her continuing education experience.
L. Counseling/Psychotherapy Procedures: Counseling/Psychotherapy is the application of mental health, psychological, or human development principles, through cognitive, affective, behavioral, or systemic intervention strategies that address wellness, personal growth, or career development, as well as pathology. Counseling/Psychotherapy involves diagnosis, assessment, and treatment by the use of 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; the use of informational and community resources for personal or social development; the use of group and/or placement methods and techniques which serve to further the goals of counseling/psychotherapy; designing, conducting and interpreting research on human subjects and on any consultation on any item above; and appraisal techniques including, but not limited to, testing of achievement, abilities, interests, aptitudes and personality.
M. Direct Service: Interaction with clients that includes the application of counseling, consultation, or human development skills. In general, the term is used in these standards to refer to time spent by practicum or internship students or post-graduate supervision in work directly related to clients. Direct Services are only face to face counseling including individual counseling, couples/family counseling, group counseling, and testing and assessment.
N. Distance Professional Services: Counseling, consulting, and clinical supervision services provided by a professional in one location to a recipient of services in another location by means of electronic communication in either asynchronous methods including email and social network systems or synchronous methods such as telephone, chat, and video systems.
O. Fees for Licensed Counseling Services: Any form of compensation received for the practice of counseling.
P. Group Supervision: The process of clinical supervision of more than one person but no more than six (6) persons in a group setting provided by a Board Qualified Supervisor.
Q. Internship: Supervised, planned, practical, advanced experience obtained in a clinical setting observing and applying principles, methods, and techniques learned in training and/or educational settings. NOTE: The internship involves a longer period of time than a practicum.
R. Inactive Status: A license not in Current Status which renders the Counselor from practicing as an LPC in the State of Mississippi.
DD. Retired Status: An LPC, who, of his/her own volition, chooses to cease practice. This category is not related to any disciplinary action, which would be the cause of ceasing to practice. An LPC’s request for retired status is subject to Board approval. A Licensee in Retired Status cannot practice as an LPC in Mississippi. Retired Status Counselors do not pay the biennial license renewal fee. A Retired Status Counselor must request in writing to the Board and provide the Board appropriate documentation of all continuing education requirements demonstrating that he or she has remained abreast of current professional standards of practice if he/she wants to return to Active Status from Retired Status. If Board approval is given, biennial license renewal fees must be paid by the Licensee.
EE. Revoked Status: Revoked Status is the result of disciplinary action by the Board and as defined in the Miss Code Ann § 73-30-21 (Rev. 2008)
FF. Supervision: The ongoing process performed by a BQS in assisting the counselor in developing expertise in methods of the professional mental health counseling practice and in developing self-appraisal and professional development strategies.
GG. Surrendered Status (Disciplinary Action): An LPC, as a result of disciplinary action, may request Surrendered Status. The Licensee’s request for Surrendered Status is subject to the approval of the Board.
HH. Surrendered Status (Voluntarily): An LPC who wishes to voluntarily surrender his/her license for personal reasons.
II. Suspension Status: Suspension Status, as a result of disciplinary action, is the withdrawal of the privilege to practice for a specified period of time.
JJ. Total Hours: Sum total of direct service hours, indirect service hours, individual and group supervision hours.
Source: Miss Code Ann. § 73-30-3 & 73-30-7 (6) (Rev. 2008)
Part 2201. CHAPTER 2. Fees
Rule 2.1: Fee Schedule
A. Application for Licensure Fee
B. Initial and Biennial License Renewal Fee (subject to change-reflected in renewal notice)
C. Application for Board Qualified Supervisor Fee
D. Biennial Board Qualified $50.
Supervisor Renewal Fee E. File Transfer Fee (copy & mail)
F. Replacement Wall Certificate/Renewal Card
G. Name Change Fee $30. H. Per Page Copying Fee $1. I. Reapplication Fee $100. J. Failure to Notify of Change of Address Fee $50. K. License Verification Fee $25.
Source: Miss Code Ann. § 73-30-7 (Rev. 2008) Source: Miss Code Ann. § 97-19-55, 97-19-57, and 25-61-
Rule 2.2: General Provisions
A. All fees are nonrefundable.
B. Fees shall be paid in full by check or money order made payable to the Mississippi State Board of Examiners for Licensed Professional Counselors.
C. No application for initial licensure shall be considered complete unless accompanied by the required fees.
D. Periodically, this document, the Rules, Regulations and Application Guidelines for Mississippi State Board of Examiners for Licensed Professional Counselors, is updated and/or revised. The Applicant/Candidate/Licensee must comply with the most current version of this document, and it is the applicant’s responsibility to ensure that he/she has the most current version(s) of application documents accepted by the Board. Additionally, the Applicant/Candidate/Licensee is responsible for all provisions listed in the most current Rules, Regulations, and Applications Guidelines.
E. The Board is responsible for the final interpretation of all provisions contained within this document, and this interpretation will be considered binding on Applicants/Candidates/ Licensees.
Source: Miss Code Ann. § 73-30-7 (Rev. 2008)
Rule 2.3: Reapplication and Lapsed License Fee and Process
A. The Reapplication Fee is charged when an LPC allows his/her license to lapse and seeks to return to a Current Status. This Reapplication Fee is a mandatory fee. In addition, the LPC will be required to pay the current year renewal fee. During the reapplication period of time,
B. Composition and Appointment
C. Oath, Officer Elections and Exemption from Civil Liability
a. Malfeasance in office;
b. Conviction of a felony or a crime of moral turpitude while in office;
c. Failure to attend three (3) consecutive regular Board meetings within a fiscal year. No Board member may be removed from his/her position until after a public hearing of the charges against him/her. At least thirty (30) days prior written notice must be given to the Board member detailing those charges indicating the date fixed for the hearing.
Source: Miss Code Ann. § 73-30-5 (Rev. 2008)
K. The Board shall enter into a formal contract for an accountant/CPA that specifies the scope of duties, compensation, term, and relevant issues. The accountant/CPA shall provide monthly financial reports to the Executive Director and the Board. The most recent monthly financial report shall be introduced at the Board meetings and an annual audit shall be made available at the end of the fiscal year.
Source: Miss Code Ann. § 73-30-7 (Rev. 2008)
Rule 3.3: Open Meetings Law and Open Records Policy
The Mississippi Board of Examiners for Licensed Professional Counselors shall adhere to the Open Meeting Law, Section 25-41-3, Miss. Code Ann. (1972) as amended. The following regulation is enacted for the purpose of providing reasonable written procedures concerning the cost, time, place, and method of access, under the provisions of the Mississippi Public Records Act of 1983 (Open Records Act) [Section 25-61-1, et. seq.]
It is not intended that these procedures shall apply to any public record or other document which is exempt from the provisions of said Act or not covered by the provisions of the Open Records Act.
Any individual seeking to inspect, copy, or mechanically reproduce or obtain a reproduction of any public record of the Board should make a written request signed by the individual to be mailed to the Executive Director of the Board. The written request must be typed or clearly hand printed on a letter size piece of paper and shall specify in detail the public record sought. The request should include if possible a description of the type of record, title of publication, and other information, which may aid in the locating of the record.
The written request must specify the purpose for obtaining the record that the individual requesting the record proposes to do with the record, i.e. inspect, copy, etc; state the date and time for the proposed activity; state the number of persons scheduled to participate and shall provide the name, address, and home and office telephone number of the applicant. The Executive Director, upon receipt of any such request, shall review same and determine whether the records sought are exempt under the Mississippi Public Records Act, and shall either produce records or deny access to or production of the records sought within seven (7) working days of the receipt of the request.
All inspection, copying, or mechanical reproduction shall be done in the offices of the Board or such other reasonable place within the State of Mississippi as may be designated by the Board. It shall be the duty of the applicant to contact the Executive Director by phone before noon of the first working day preceding the proposed date set out in the application to determine if same is acceptable and, if not, what date and/or time will be substituted. Where possible, nonexempt material will be separated from exempt material and only the exempt material will be withheld.
If the Executive Director determines that the records requested are exempt or privileged under the law, she shall deny the request and shall send the person making the request a statement of specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three (3) years. The Executive Director is authorized to calculate the estimated cost of searching, obtaining from storage, reviewing, shipping, and/or duplicating records and to require payment in advance of such estimated charges prior to complying with request. There shall be a charge of $1.00 per page for each copy. Copies printed on both sides (front & back) shall be considered as two pages for copy charge purposes. Mailing cost shall be calculated at the applicable rate for each such mailing. If request involves notice to be given to a third party, the cost of mailing such notice via certified mail return receipt requested shall be charged to the person requesting such public records. In the event that actual cost of such activity exceeds the estimate, the Executive Director is authorized to withhold mailing or delivery of said documents or to delay inspection until the difference is paid.
There shall be no charge for inspection of the current Board records maintained at the Board office. Cost of obtaining records from state storage facilities and the search for it shall be charged to the applicant.
The Executive Director may waive any or all of the foregoing requirements related to written notice, time and method of access prepayment of expenses whenever the determination is made that such waiver would be in the public interest. Information regarding the Board’s activities, submissions to the Board, and requests of the Board should be made in writing to the Board. Individuals who wish to be included on the Board’s agenda must submit a written request to the Board. The Board must receive this request at least ten (10) working days prior to the regularly scheduled Board meeting.
Source: Miss Code Ann. § 73-30-7 (6) (Rev. 2008)
Rule 3.4: Oral Proceedings on Proposed Rules
A. Scope. This rule applies to all oral proceedings held for the purposes of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Board pursuant to §25-43-3.104.
B. When Oral Proceedings will be scheduled on Proposed Rules. The Board will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.
(i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the Board for the proposed rule; (iii) call on those individuals who have contacted the Board about speaking on or against the proposed rule; (iv) allow for rebuttal statements following all participants’ comments; (v) adjourn the proceeding.
Source: Miss Code Ann. § 25-43-2.105 (Rev. 2006)
Rule 3.5: Declaratory Opinions
A. Scope. These rules set forth by the Mississippi State Board of Examiners for Licensed Professional Counselors, hereinafter “Board,” rules governing the form and content of requests for declaratory opinions, and the Board’s procedures regarding the requests, as required by Mississippi Code §25-43-2.103. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.
B. Persons Who May Request Declaratory Opinions. Any person with a substantial interest in the subject matter may request a declaratory opinion from the Board by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group, or other entity that is directly affected by the Board’s administration of the laws within its primary jurisdiction. “Primary jurisdiction of the Board” means the Board has a constitutional or statutory grant of authority in the subject matter at issue.
C. Subjects Which May be Addressed in Declaratory Opinions. The Board will issue declaratory opinions regarding the applicability to specified facts of: (1.) a statute administered or enforceable by the Board or (2.) a rule promulgated by the Board. The Board will not issue a declaratory opinion regarding a statute or rule, which is outside the primary jurisdiction of the agency.
D. Circumstances in which Declaratory Opinions Will Not Be Issued. The Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:
I. Notice by Board to Third Parties. The Board may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments, and opinions from other persons, agencies, or other entities other than the requestor.
J. Public Availability of Requests and Declaratory Opinions. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Board’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.
K. Effect of a Declaratory Opinion. The Board will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Board and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Board shall be binding only on the Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person.
Source: Miss Code Ann. § 25-43-2.105 (Rev. 2006)
Part 2201. CHAPTER 4. Licensure Requirements
Rule 4.1: General Requirements
A. No person shall practice as a Licensed Professional Counselor in the State of Mississippi except as provided by state statute and these regulations.
B. An Applicant must be at least twenty-one (21) years of age.
C. The Applicant is a Mississippi resident, 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.
D. An Applicant must be of good moral character. The Board may request endorsements attesting to the Applicant’s character, professional integrity, and professional competence.
E. Applicants must pass Board approved examination to be eligible for licensure.
F. Applicants must meet all education and experience requirements.
G. The Board must receive a complete application packet, official transcript(s), and criminal background check results prior to the established application deadline for the Applicant to be considered for licensure or candidacy at any Board meeting.
H. An applicant may not be in violation of any of the provisions of Section 73-30-1 et seq., of the Mississippi Code of 1972, Annotated or any of the rules and regulations adopted by the Board.
I. The application process for licensure must be completed within 365 days of the Board’s receipt of the individual’s application packet. “Completed” with respect to this provision means either Board approved for candidacy or Board approved for licensure (as appropriate). As stipulated in Rule 2.3(C), an individual who has not completed the application process within the 365 days’ time frame must pay a Reapplication Fee in order to reactivate his/her to continue the application process. As stipulated in Rule 9.1(E) (Application Process), incomplete applications will be kept on file for two (2) years, after which time they will be destroyed.
J. Periodically, this document, the Rules, Regulations and Application for the Mississippi State Board of Examiners for Licensed Professional Counselors, is updated and/or revised. The Applicant/Candidate/Licensee must comply with the most current version of this document, and it is the responsibility of the Applicant to ensure that he/she has the most current version(s) of application documents accepted by the LPC Board. Additionally, the Applicant/Candidate/Licensee is responsible for all provisions listed in the most current Rules and Regulations and Application Guidelines. The Rules and Regulations may be downloaded from the Board’s website www.lpc.ms.gov.
K. The Board shall require state and national criminal background check, to include consulting sex offender registries, through the Department of Public Safety for each first time Applicant for licensure as well as Licensees seeking renewal, every six years, to be calculated based on the Licensee’s initial date of licensure.