Title 73 Professions and Vocations
Amendments effective July 1, 2008
Chapter 30 Licensed Professional Counselors
http://michie.com/mississippi/
Amendments effective July 1, 2008
Chapter 30 Licensed Professional Counselors
http://michie.com/mississippi/
Chapter 30 Licensed Professional Counselors
http://michie.com/mississippi/
http://michie.com/mississippi/
§ 73-30-1. Declaration of policy and legislative intent.
It is declared to be the policy of this state that the activities of those persons who render services to the public as licensed professional counselors and use the title "Licensed Professional Counselor" be regulated to ensure the protection of the public health, safety and welfare.
It is the intent of the Legislature to provide for the regulation of the practice of counseling as well as the use of the title "Licensed Professional Counselor" for those who offer services to the public for a fee, monetary or otherwise
§ 73-30-3. Definitions.
The following terms shall have the meaning ascribed herein unless the context shall otherwise require
(a) "Licensed professional counselor" shall mean 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/psychotherapy" shall mean 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" shall mean 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" shall mean any form of compensation received for the practice of counseling.
(e) "Board" shall mean the Mississippi State Board of Examiners for Licensed Professional Counselors
§ 73-30-5. Establishment of state board of examiners; reconstitution of board.
(1) There is hereby established the Mississippi State Board of Examiners for Licensed Professional Counselors which shall consist of five (5) members. The initial appointments to the board shall consist of one (1) member from each of the five (5) congressional districts of Mississippi, who shall be appointed by the Governor with the advice and consent of the Senate. From and after January 1, 2004, the board shall be reconstituted to consist of five (5) members, one (1) member from each of the four (4) congressional districts, as such districts existed on January 1, 2002, and one (1) member to be selected from the state at large, who shall be appointed by the Governor with the advice and consent of the Senate. From and after January 1, 2004, the board shall be reconstituted to consist of five (5) members, one (1) member from each of the four (4) congressional districts, as such districts existed on January 1, 2002, and one (1) member to be selected from the state at large, who shall be appointed by the Governor with the advice and consent of the Senate. A list shall be provided to the Governor by the Mississippi Counseling Association from which the Governor may choose board members. At least two (2) names shall be included from each congressional district. Such appointments shall be made initially within sixty (60) days of the submission of the list of qualified counselors by the Mississippi Counseling Association. Thereafter, all vacancies occurring on the board shall be filled by the Governor within sixty (60) days after the vacancy occurs. The Mississippi Counseling Association shall provide a list of suggested board members for each vacancy.
(2) The board shall consist of five (5) licensed counselors, three (3) of whom are primarily engaged as licensed counselors in private or institutional practice and two (2) who are primarily engaged in teaching, training or research in counseling at the corporate or university level. All members shall be qualified electors of the State of Mississippi.
(3) The initial appointments to the board shall be for staggered terms, to be designated by the Governor at the time of appointment as follows: two (2) members to serve for three (3) years, two (2) members to serve for two (2) years, and one (1) member to serve for one (1) year. When the board is reconstituted on January 1, 2004, all members serving on the board on that date shall continue to serve for a term of five (5) years from the beginning of the term to which he or she was appointed. From and after January 1, 2004, all subsequent appointments shall be for five-year terms. No board member shall succeed himself without waiting a period of at least five (5) years after having served one (1) full five-year term.
(4) There shall be appointed to the board no more than one (1) person who is employed by, or receives compensation from, any one (1) institution, organization or partnership at the time of appointment.
(5) Board members shall be reimbursed for necessary and ordinary expenses and mileage incurred while performing their duties as members of the board, at the rate authorized for public employees, from fees collected for license applications and renewals.
§ 73-30-9. Issuance of licenses.
(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.
(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
§ 73-30-13. Adoption of code of ethics.
The board shall adopt the code of ethics of The American Counseling Association. The chairman of the board shall file these ethical standards with the Secretary of State.
§ 73-30-25. Inapplicability of chapter to other regulated professions
It is not the intent of this chapter to regulate against members of other duly regulated professions in this state who do counseling in the normal course of the practice of their own profession. This chapter does not apply to:
(a) Any person registered, certified or licensed by the state to practice any other occupation or profession while rendering counseling services in the performance of the occupation or profession for which he is registered, certified or licensed;
(b) Certified school counselors when they are practicing counseling within the scope of their employment;
(c) Certified vocational counselors when they are practicing vocational counseling within the scope of their employment;
(d) Counselors in postsecondary institutions when they are practicing within the scope of their employment;
(e) Student interns or trainees in counseling pursuing a course of study in counseling in a regionally or nationally accredited institution of higher learning or training institution if activities and services constitute a part of the supervised course of study, provided that such persons be designated a counselor intern;
(f) Professionals employed by regionally or nationally accredited postsecondary institutions as counselor educators when they are practicing counseling within the scope of their employment;
(g) [Deleted]
(h) Duly ordained ministers or clergy while functioning in their ministerial capacity and duly accredited Christian Science practitioners;
(i) Professional employees of regional mental health centers, state mental hospitals, vocational rehabilitation institutions, youth court counselors and employees of the Mississippi Department of Employment Security or other governmental agency so long as they practice within the scope of their employment;
(j) Professional employees of alcohol or drug abuse centers or treatment facilities, whether privately or publicly funded, so long as they practice within the scope of their employment;
(k) Private employment counselors;
(l) Any nonresident temporarily employed in this state to render counseling services for not more than thirty (30) days in any year, if in the opinion of the board the person would qualify for a license under this chapter and if the person holds any license required for counselors in his home state or country; and
(m) Any social workers holding a master's degree in social work from a school accredited by the Council on Social Work Education and who do counseling in the normal course of the practice of their own profession.
§ 73-30-29. License renewal fee; continuing education requirement.
(1) Except as provided in Section 33-1-39, the renewal of license fee under this chapter shall be One Hundred Dollars ($100.00) 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) 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. 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.
MISSISSIPPI CODE OF 1972
As Amended
SEC. 83-41-211. Beneficiaries' freedom of choice of practitioner in treatment of mental, nervous or emotional disorders; psychologist, professional counselor or clinical social worker.
Whenever any policy of insurance or any medical service plan or hospital service contract or hospital and medical service contract issued in this state provides for reimbursement for any diagnosis and treatment of mental, nervous or emotional disorders only which are within the lawful scope of practice of a duly licensed psychologist as defined in Section 73-31-3, within the lawful scope of practice of a duly licensed professional counselor as defined in Section 73-30-3, or within the lawful scope of practice of a duly licensed clinical social worker as defined in Section 73-53-3, the insured or other person entitled to benefits under such policy shall be entitled to reimbursement for such services, whether such services are performed by a duly licensed physician or by a duly licensed psychologist, by a duly licensed professional counselor or by a duly licensed clinical social worker, notwithstanding any provision to the contrary in any statute or in such policy, plan or contract. Duly licensed psychologists shall be entitled to participate in such policies, plans or contracts providing for the diagnosis and treatment of mental, nervous or emotional disorders only as authorized by Section 73-31-3. A duly licensed professional counselor shall be entitled to participate in such policies, plans or contracts providing for the diagnosis and treatment of mental, nervous or emotional disorders only as authorized by Section 73-30-3. A duly licensed clinical social worker shall be entitled to participate in such policies, plans or contracts providing for the diagnosis and treatment of mental, nervous or emotional disorders only as authorized by Section 73-53-3.
SOURCES: Laws, 1974, ch. 514, eff from and after July 1, 1974. Laws, 1992, ch. 586, Sec. 1; reenacted and amended, 1994, ch. 327, Sec. 1, eff from and after July 1, 1994
MISSISSIPPI CODE OF 1972
As Amended
SEC. 73-30-3. Definitions.
The following terms shall have the meaning ascribed herein unless the context shall otherwise require:
(a) "Licensed professional counselor" shall mean 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, and who offers to render professional counseling 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" shall mean 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 procedures" include but are not restricted to (i) the use of counseling 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) the use of informational and community resources for personal or social development; (iii) the use of 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 and aptitudes.
(d) "Fees for licensed counseling services" shall mean any form of compensation received for the practice of counseling.
(e) "Board" shall mean the Mississippi State Board of Examiners for Licensed Professional Counselors.
SOURCES: Laws, 1985, ch. 354, Sec. 2, eff from and after July 1, 1985.
MISSISSIPPI CODE OF 1972
As Amended
SEC. 83-41-211. Beneficiaries' freedom of choice of practitioner in treatment of mental, nervous or emotional disorders; psychologist, professional counselor or clinical social worker.
Whenever any policy of insurance or any medical service plan or hospital service contract or hospital and medical service contract issued in this state provides for reimbursement for any diagnosis and treatment of mental, nervous or emotional disorders only which are within the lawful scope of practice of a duly licensed psychologist as defined in Section 73-31-3, within the lawful scope of practice of a duly licensed professional counselor as defined in Section 73-30-3, or within the lawful scope of practice of a duly licensed clinical social worker as defined in Section 73-53-3, the insured or other person entitled to benefits under such policy shall be entitled to reimbursement for such services, whether such services are performed by a duly licensed physician or by a duly licensed psychologist, by a duly licensed professional counselor or by a duly licensed clinical social worker, notwithstanding any provision to the contrary in any statute or in such policy, plan or contract. Duly licensed psychologists shall be entitled to participate in such policies, plans or contracts providing for the diagnosis and treatment of mental, nervous or emotional disorders only as authorized by Section 73-31-3. A duly licensed professional counselor shall be entitled to participate in such policies, plans or contracts providing for the diagnosis and treatment of mental, nervous or emotional disorders only as authorized by Section 73-30-3. A duly licensed clinical social worker shall be entitled to participate in such policies, plans or contracts providing for the diagnosis and treatment of mental, nervous or emotional disorders only as authorized by Section 73-53-3.
SOURCES: Laws, 1974, ch. 514, eff from and after July 1, 1974. Laws, 1992, ch. 586, Sec. 1; reenacted and amended, 1994, ch. 327, Sec. 1, eff from and after July 1, 1994