8. information related to any investigative reports prepared by or on behalf of or The licensed Meet and take actions SECTION 7. each member professional counseling licensing board or other publicly to, continuing education, examination, licensure, investigative, privilege to practice D. If otherwise permitted at the hearing not less than five (5) business days before the scheduled date licenses; 9. Current significant contract for services of personnel, including, but not limited to, employees of an affirmative vote of a majority of the member states, and all rights, comply with the requirements of subsection A of this section to maintain the information pertaining to a licensee in any member state shall only be ESTABLISHMENT governmental subdivision or agency; or. person of a crime or formally censuring any person; f. Disclosure of 2. Member states shall 9. 7. The text of the On the website of personnel, or their spouse, shall designate a home state where the individual The Commission licensed counseling services" shall mean any form of compensation received from fees collected for license and privilege to practice applications member state. under this section shall include the social security number(s) of the applicant the single state license granted to these individuals shall not be recognized shall keep minutes that fully and clearly describe all matters discussed in a LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API. A Federal BE IT ENACTED BY THE comments received. Any state that joins the chapter shall be Fifty Dollars ($50.00) per annual licensing renewal period. other applicable state laws; 6. license or the privilege to practice as a licensed professional counselor, Upon receipt of an professional counselor in this state. Nothing in this 1. that state. 7. of the board on or before June 30 of the year of renewal by every license 6. the member state follows the member state's own procedures for taking the If there is any conflict of license fee for provisional licensed professional counselors under this two (2) years. "Remote state" N. The Commission or an Establish the 7. All documents means the application of telecommunication technology to deliver professional counseling by the home state against a Licensed Professional Counselor's license, the Licensed establish term limits. be shared with the public without the express permission of the contributing institutions, government agencies or the general public for a fee, monetary or assistance, and termination. (h) 6. license period, two (2) of which must involve topics in professional ethics or 1. D. Termination of such meeting and at an organizational meeting in January every odd-numbered members will be selected by their respective organizations. exercises its rulemaking authority in a manner that is beyond the scope of the purposes The former home Other criminal graduate work. F. In the event any provision believing occurred within the scope of Commission employment, duties or PRIVILEGE TO PRACTICE TELEHEALTH. Investigation criminal history database. legal counsel or designee shall certify that the meeting may be closed and Commission or other designated member in writing of their desire to appear and testify States Social Security Number or National Practitioner Identifier; 3. is no longer encumbered; and. event later than ninety (90) days after the effective date of the rule. specific time for removal has passed and all fines are paid. misrepresentation; (e) Engaged in the hearing date, or by the close of business on the scheduled hearing date if the Compact Commission: 1. may, after notice and opportunity for a hearing, suspend, revoke or refuse to The Commission preceding license period, six (6) of which must involve topics in professional the privilege to practice in accordance with the Professional Licensing Compact. of interest; 11. Subpoenas issued by a the appeal should be brought in Hinds County Circuit Court. compliance of member states and provide compliance reports to the Commission; f. Establish order to be issued a new home state license. Section The to respond, if required by state law, has reason to believe is not groundless (d) The applicant is a B. adverse action based on the factual findings of the remote state, provided that A. completed an application on a form prescribed by the board accompanied by a in Section 5 of this Compact. Commission" or "Commission" means the national administrative of all graduate work. develop procedures for review of violations of professional ethics. practice as a Licensed Professional Counselor. any joint or individual investigation initiated under the Compact. Encourage the The member state licensing which shall be forwarded to the Mississippi Department of Public Safety and the practice, the new home state shall verify that the Licensed Professional "Encumbrance" written notice to the defaulting state and other member states of the nature of fees, travel expenses, mileage and other fees required by the service statutes counseling; (iv) Designing, Commission may proceed with promulgation of the proposed rule without a public "Current 1. examinations, the examinee's name shall not be disclosed to any person grading corporate or university level. corporations, institutions, government agencies or the general public any oaths. in accordance with Section 93-11-64. 2. of the remote state. Public notice communication. Sell, convey, relevant to practice or area of work. 3. of counseling and/or the false representation as a licensed counselor in a proceeding All courts shall OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND ASSOCIATED RULES, C. Member states may charge state's laws which is imposed by a licensing board or other authority against a prevents the enforcement of any other law of a member state that is not 15. times the Commission shall avoid any appearance of impropriety and/or conflict before June 30 of the year of renewal by every license holder who intends to interested persons may submit notice to the Commission of their intention to elect an Executive Committee; and. D. A licensee providing appeal the action of the Commission by petitioning the United States District In written duties or responsibilities, or that such person had a reasonable basis for to the board. health conditions by a Licensed Professional Counselor. Notify the 73-30-29, Mississippi Code of 1972, is amended as follows: 73-30-29. b. Communication C. A licensee providing other encumbrance on licensure affecting a Licensed Professional Counselor's Notwithstanding any (g) "Privilege includes notification and an opportunity for the Licensed Professional Counselor (7) Upon the filing of a All (i) The board shall counseling services in a remote state under the privilege to practice shall the same; nor shall the Commission pledge the credit of any of the member inconsistent with the Compact. A. contracts for the purchase, lease, or sale of goods, services, or real estate; e. Accusing any remove any member of the Executive Committee as provided in bylaws. The Commission or set of the applicant's fingerprints in a form and manner prescribed by the board, a fee for granting the privilege to practice. in a remote state. In addition to the other (3) The initial appointments at the time care is rendered through the mutual recognition of member state The revision may be challenged only on grounds that business and affairs of the Commission. licensure shall apply to undergo a fingerprint-based criminal history records determined by the Commission. "Executive Committee" helping relationships; g. Diagnosis and its terms, in the form substantially as follows: The purpose of this Compact The Mississippi Counseling licensee must accrue twenty-four (24) continuing education hours during the verification of eligibility for licensure through the Compact shall not include (h) Aided or assisted "Telehealth" adverse action, it shall promptly notify the administrator of the data system. regulate Licensed Professional Counselors; 2. An association sixty (60) days after the vacancy occurs. On the website of the Commission and the member states are binding in accordance with their have a sixty (60) semester-hour or ninety (90) quarter-hour master's degree in be for five-year terms. Hire employees, its principal offices against a member state in default to enforce compliance The Professional Counseling Compact is enacted into law and entered into by this Have a mechanism in If a hearing is held on The Commission through application for licensure in the new state, or through the process outlined In the event the practitioner resides out of state is to facilitate interstate practice of Licensed Professional Counselors with 23. Examinations may be written, oral, situational, or any combination thereof, and full force and effect as to the remaining member states and in full force and adverse action or the availability of investigative information regarding a THAT JOIN IN THE COMPACT; TO AMEND SECTIONS 73-30-3, 73-30-5, 73-30-7, 73-30-9, 22. witnesses as well as the production of evidence. to practice to a licensee holding a valid unencumbered license in another has its principal offices. this Compact which may affect the powers, responsibilities or actions of the Commission. appropriate authority to carry out the purposes of the Compact and establish The Executive g. Other duties as Bureau of Investigation fingerprint based criminal background check if not with the advice and consent of the Senate. Invest all member Section nonmember state, or from a nonmember state to a member state, the state receive information from, and cooperate with, law enforcement agencies; 17. be open to the public, and public notice of meetings shall be given in the same section; 4. information that a licensing board, after an inquiry or investigation that Professional Counselor" means a counselor licensed by a member state, promulgated by the Commission. legislative and judicial branches of state government in each member state 73-30-5, Mississippi Code of 1972, is amended as follows: 73-30-5. pursue any other remedies available under federal or state law. comments on the proposed rule from any interested person; and. Have not had any its requirements for issuing a new single state license. congressional districts of Mississippi, who shall be appointed by the Governor any person who holds himself or herself out to the public by any title or nonrefundable full application fee of Fifty Dollars ($50.00). production of books, documents and other papers; (d) Hear testimony and background check as required by the new home state; and. intent to attend the public hearing by interested parties is received, the The Commission shall counselor in this state, or a person who holds the privilege to practice as a licensed threat to public health, safety or welfare; 2. Section tenth (10th) member state. (j) Each applicant for the default, the proposed means of curing the default and/or any other action "Licensing board" central criminal database and the Federal Bureau of Investigation criminal history pass the examination approved by the board, as set forth in Section 73-30-7(5). professional counselor shall file an application for obtaining a new home state days. that state's laws, remove a licensee's privilege to practice in the remote "Impaired administrator of the data system. Counseling/psychotherapy methods and techniques, both verbal and nonverbal, psychotherapist, and who offers to render professional counseling or additional committees as necessary; and. Subsequent The prevailing member shall be awarded all costs of professional counselor" shall mean and is restricted to any person who shall by rule establish a term of office for delegates and may by rule Commission or member state funds; 3. 2. I. "Privilege to state designation during the period the service member is on active duty. Investigation Identification Division for this purpose. "Continuing competence/education" appointed. purpose of the Compact. 4. or the production of evidence from another member state shall be enforced in 73-30-23, Mississippi Code of 1972, is amended as follows: 73-30-23. state's qualifications for licensure or renewal of licensure, as well as all must fully implement a criminal background check requirement, within a time "Adverse action" Nothing in this Compact terminated is responsible for all assessments, obligations and liabilities Federal Bureau of Investigation Identification Division for this purpose. board shall fill any vacancy occurring on the Commission, within sixty (60) "Member state" (f) The applicant Establish and WITHDRAWAL, AND AMENDMENT. to designating a home state, the individual shall only change their home state Other areas as Require licensees to investigative information on all licensed individuals in member states. hearing is requested by: 2. by the Commission, to practice professional counseling in any member state via hearing was not held, the Commission shall consider all written and oral the person against whom the claim is made had a reasonable basis for believing fingerprints in a form and manner prescribed by the board, which shall be forwarded Notice of intent to suspend or alien work status in the United States. the privilege to practice in all other remote states until the following occur: 1. Provide A. F. The Commission shall not adverse actions. (d) "Counseling/psychotherapy administrator of the data system shall promptly notify the home state of any adverse SECTION 2. or rule; or. both hearings and investigations that require the attendance and testimony of (2) Appeals from AND PROVIDE THAT THE STATE OF MISSISSIPPI ENTERS THE COMPACT WITH OTHER STATES have the following powers and duties: 1. 4. to engage in the full and unrestricted practice of professional counseling. Nothing in this Compact consistent with the state regulation of professional counseling The provisions of this Compact and treat behavioral health conditions. D. Nothing contained in practitioner" means an individual who has a condition(s) that may impair his Professional 1. Thereafter, the Commission shall meet and member states during the pendency of the order. Each application or filing made The immigration document must be the powers granted to them by, the Commission. notice period. Notwithstanding any b. The Commission to cure the default, the defaulting state may be terminated from the Compact upon investigative information; and. to promote public safety and public health benefits; 8. not incur obligations of any kind prior to securing the funds adequate to meet qualified counselors by the Mississippi Counseling Association. Enhance the G. Qualified immunity, The Commission shall disciplinary action are to be brought in the circuit court in the county of investigative records compiled for law enforcement purposes; i. hereby vested with the jurisdiction and power to enjoin the unlawful practice The board shall not include a privilege to practice in any other member state. licensing board in a member state for the attendance and testimony of witnesses B. with the provisions of the Compact and its promulgated rules and bylaws. shall enforce this Compact and take all actions necessary and appropriate to From and after January 1, 2004, all subsequent appointments shall state shall convert the former home state license into a privilege to practice database and reporting system containing licensure, adverse action and 3. related to specific employees or other matters related to the Commission's OF COUNSELING COMPACT COMMISSION. revision shall be subject to challenge by any person for a period of thirty If a meeting, or Establish a budget member. formula to be determined by the Commission, which shall promulgate a rule Up to four (4) The Compact shall come of the date of adoption of the rule, then such rule shall have no further force A. significant investigative information" means: a. state. not in violation of any of the provisions of this chapter and the rules and of the hearing. conflict with the constitutional provision in question in that member state. responsibilities, provided that the actual or alleged act, error or omission A. such revocation. for that purpose, and the payment of any fees for the reissuance or Participate fully disbursements of funds handled by the Commission shall be audited yearly by a certified (3) Licensed professional Commission that the licensee is seeking the privilege to practice within a amended by the member states. member of the licensing board at the time of appointment, who is a Licensed is valid until the expiration date of the home state license. Counselor changes primary state of residence by moving from a member state to a to be heard at the hearing shall notify the executive director of the encumbrance or restriction against any license or privilege to practice within Meet any jurisprudence January 1, 2002, and one (1) member to be selected from the state at large, who The provisions, which become effective at that time, shall have a minimum acceptable graduate semester hour or acceptable quarter-hour the Commission. without prior notice, opportunity for comment, or hearing, provided that the 1. accordance with existing state due process law, to: 1. other provision of this Compact, if the Licensed Professional Counselor cannot All meetings shall C. Investigative and the rules adopted under this section. a member state; 9. or applicant for licensure or the privilege to practice has: (a) Been adjudged by occurred within the home state. ethics or legal issues in the delivery of counseling services. shall issue a license as a provisional licensed professional counselor, without or representative of the Commission for the amount of any settlement or Provide adverse action. any information received from the Federal Bureau of Investigation relating to a professional counselor or psychotherapist, and who offers to render professional and disbursements of the Commission shall be subject to the audit and effect as to the member state affected as to all severable matters. necessary actions to protect the health and safety of its citizens. counseling in a state. G. If adverse action is taken authorized committee of the Commission may direct revisions to a previously Association from which the Governor may choose board members. obligations or responsibilities under this Compact or the promulgated rules, the, a. in Section 33-1-39, the renewal of license fee or privilege to practice fee Hearings shall be submitted to the data system that is subsequently required to be expunged by in Section 1 of this act. LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. the previous two (2) years. have the full force and effect of law on the day the Compact becomes law in interpersonal or intrapersonal concerns. For 4. B. "State" exercise its rulemaking powers pursuant to the criteria set forth in this section 2. 1. the Commission shall be invalid and have no force or effect. or regulations of the board; or. judgment obtained against that person arising out of any actual or alleged act, "Single-state once the new home state has activated the new home state license in accordance F. Any information all vacancies occurring on the board shall be filled by the Governor within b. 25. proposed rule or amendment and the reason for the proposed rule; 3. law. Commission and its staff, which must be in a total amount sufficient to cover diagnosis, assessment and treatment by use of the following: (i) master's degree as determined by the board primarily in counseling or a related to the board shall consist of one (1) member from each of the five (5) any nonmember state within thirty (30) days from the date the action is taken. judicial enforcement is necessary, the prevailing member shall be awarded all (1) The board Meet any continuing state until the following occur: 1. reasons specified in subsection (1) of this section, the board shall be In the event The bylaws may J. G. The defaulting state may Section for use of the Commission or other committee charged with responsibility of DATE of all member states. that may facilitate the administration of this Compact, as determined by the rules means a member state other than the home state where a licensee is exercising to be taken by the Commission; and. as granting a privilege to practice professional counseling in any other member or certificate or the privilege to practice by fraud, deceit or other meeting and shall provide a full and accurate summary of actions taken, and the representative of the Commission in any civil action seeking to impose (3) After a person has terms shall have the meaning ascribed herein unless the context shall otherwise Rulemaking shall include: 1. 4. make decisions related to personal growth, marriage, family or other means a regulation promulgated by the Commission that has the force of law. vote in person or by other means as provided in the bylaws. EFFECT OF COMPACT AND OTHER LAWS. professional counseling services in a remote state under the privilege to that indicates that the Licensed Professional Counselor represents an immediate License and of the board shall take an oath to perform faithfully the duties of their 1. 5. accessible platform or the publication in which each state would otherwise E. If a home state license this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may fiscal year of the Commission; 3. 1. Purchase and Disclosure of of intervention and may include, but are not limited to, alcohol and drug of licensed professional counseling by the licensee and the adverse action has system of state licensure. The Executive 3. one's practice to a board-approved site and accrue counseling experience under usual rulemaking procedures provided in the Compact and in this section shall licensee must accrue six (6) continuing education hours during the preceding From and after January 1, 2004, the license" means a license in which an adverse action restricts the practice ability to protect the public's health and safety; 3. and must be surrendered on demand. Other information applicable year. c. Completion of circumstance shall not be affected thereby. Additional meetings shall provide for delegates' participation in meetings by telephone or other means of career development, as well as pathology. The executive, the entire Commission changes to the rules or bylaws, changes to this Compact binding upon all member states. may be ineligible for a privilege to practice in any member state until the the carrying out of its duties. any member state, the provision shall be ineffective to the extent of the A licensee providing professional 2. voting members who are elected by the Commission from the current membership of previously performed or updated pursuant to applicable rules adopted by the five (5) years from the beginning of the term to which he or she was other civil liability caused by or arising out of any actual or alleged act, any action taken by the board. The Commission, in 73-30-3, Mississippi Code of 1972, is amended as follows: 73-30-3. states hereby create and establish a joint public agency known as the Counseling requirement," if required by a member state, means the assessment of an (b) The applicant is B. violated any provision of this chapter; (g) Violated any rules If the revision is challenged, the revision may not take effect Compact subsequent to the Commission's initial adoption of the rules shall be telehealth under a privilege to practice as provided in the Compact and rules dispute resolution proceedings. services incorporating the words licensed professional counselor or and renewals. the examination until that grading is complete. (4) No revoked license or require each first-time applicant for licensure or the initial privilege to practice completed an application on a form prescribed by the board accompanied by a or seeking to exercise the privilege to practice. designated "Board of Examiners for Licensed Professional Counselors Account." adopted rule or amendment for purposes of correcting typographical errors, of five (5) licensed counselors, three (3) of whom are primarily engaged as All hearings shall beyond the effective date of termination. Counselor may hold a home state license, which allows for a privilege to the purposes of this provision, an emergency rule is one that must be adopted Report to the An To participate in the All applicants shall provide official transcripts of all of other member state licenses; 2. and make expenditures; 15. person or circumstance is held invalid, the validity of the remainder of this Promulgate rules promptly notify all member states of any adverse action taken against a damage, loss, injury or liability caused by the intentional or willful or suspension and/or revocation of license or the privilege to practice another in falsely obtaining a license or the privilege to practice under 73-30-7, Mississippi Code of 1972, is amended as follows: 73-30-7. determines that a member state has defaulted in the performance of its Within thirty Commission, in compliance with the terms of the Compact and rules, of any Compact shall be severable and if any phrase, clause, sentence or provision of C. All laws in a member member states; 6. the terms of this Compact. 20. 73-30-21, Mississippi Code of 1972, is amended as follows: 73-30-21. Committee shall have the following duties and responsibilities: a. practice and procedure of that court applicable to subpoenas issued in license of a Licensed Professional Counselor shall include a statement that the committees, including standing committees composed of members, state SECTION 4. "Unencumbered shall have a minimum acceptable graduate semester hour or acceptable quarter-hour (1) Except as provided A. Implement or Professional Counselor shall pay all applicable fees to the new home state in A state or federal Commission shall avoid any appearance of impropriety; 12. 4. E. This Compact may be 19. procedures" shall mean the application of mental health, psychological or shall be limited to the powers granted to the Commission relating to assembly immediately in order to: 1. to receive and disburse revenues derived from application, licensing, privilege 2. (f) The applicant 1. 24. OVERSIGHT, or reasonably anticipated litigation; d. Negotiation of securing compliance have been exhausted. board. and adverse action information. shall have the power to take adverse action against a Licensed Professional Counselor's did not result from the intentional or willful or wanton misconduct of that competence/education requirements established by the home state; 8. investigation or determination of compliance issues pursuant to the Compact; or. "Jurisprudence authority granted to a member state by its professional counseling practice act regard to race, religion, sex or national origin, to each applicant who E. Member states "Data system" immune from suit and liability, either personally or in their official from the Federal Bureau of Investigation and the agency responsible for uniformity of professional counseling licensure requirements throughout the states 10. an opportunity for a public hearing before it adopts a rule or amendment if a
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