30 Miss. Code. R. 2201-3.1 - Mississippi State Board of Examiners for Licensed Professional Counselors

A. Board Responsibilities

1. The Board exists to regulate the profession of counseling, as well as the use of the titles "Provisional Licensed Professional Counselor" and "Licensed Professional Counselor," in Mississippi.

2. The Board has authority to ensure that no one practices counseling in the state of Mississippi who is not either licensed by this Board or exempt from licensure by statute. In the event the Board becomes aware of any person representing oneself by the titles "Provisional Licensed Professional Counselor" or "Licensed Professional Counselor" or who offers professional counseling or psychotherapy services to the public for a fee, monetary or otherwise, the Board shall proceed in accordance with Miss. Code Ann. §§ 73-30-1, et. seq., including but not limited to § 73-30-19.

3. The Board accepts applications to determine eligibility for licensure. The Board issues licenses to those found to meet full requirements, ensures complete and appropriate renewal process, and conducts audits of Licensees.

4. The Board investigates complaints against Licensees, determines the merit of complaints, and provides appropriate disciplinary action to Licensees.

5. The Board makes reasonable rules and regulations regarding its operation.

6. The Board receives and disburses revenues derived from fees.

7. The Board is responsible for the final interpretation of all provisions contained within this document, and this interpretation will be considered binding on all Applicants/Licensees.

B. Composition and Appointment

1. The Board shall be comprised of five (5) members, one (1) member from each of the four (4) congressional districts of Mississippi and a member at large, appointed by the Governor with the advice and consent of the State Senate.

2. A nomination list for appointment to the Board is provided to the Governor by the Mississippi Counseling Association (MCA) for each vacancy. The nomination list must include at least two (2) names from each congressional district in which a vacancy exists with attention needed to balance the membership of the Board.

3. Nominees to the Board must be Licensed Professional Counselors in good standing and qualified electors of the State of Mississippi.

4. The Governor shall fill appointments within sixty (60) calendar days after the vacancy occurs.

5. The Board will consist of three (3) Licensees who are primarily engaged in private or institutional practice in counseling and two (2) Licensees who are primarily engaged in teaching, training, or research in counseling at the corporate or university level.

6. At the time of appointment, no more than one (1) person employed by or receiving compensation from any one (1) institution, organization, or partnership will be appointed to the Board.

7. Initial Board appointments will be for staggered terms. After the initial appointments, all terms shall be for five (5) years.

8. No Board member shall succeed himself or herself for an additional five-year term without waiting a period of five (5) years after having served one full five-year term. A member may hold office until a successor has been appointed and qualified or a maximum of twelve (12) months after term ends.

9. 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.

C. Oath, Officer Elections and Exemption from Civil Liability

1. Board members will take an oath, administered by a person qualified by law to administer oaths, to faithfully perform the duties of their office.

2. Board members are expected to attend all regularly scheduled Board meetings.

3. Board members will be LPCs in good standing upon taking the oath as Board members.

4. A Chair, Vice-Chair, and Secretary/Treasurer shall be chosen by the Board from among its members in January of the odd numbered years. If a vacancy occurs prior to the next regularly scheduled election, the Board shall call for a special election to fill the vacated position until the next regularly scheduled election.

5. The term for elected officers shall be for two (2) years.

6. A Board member shall not vote on any applicant previously supervised by that member.

7. Board members are individually exempt from any civil liability as a result of any action taken by the Board.

8. The Board may recommend to the appointing authority removal of any member of the Board or the Chair from his/her/their position on the Board for:

a. Malfeasance in office;

b. Conviction of a felony or a crime of moral turpitude while in office; and

c. Failure to attend three (3) consecutive regular Board meetings within a fiscal year. No Board member may be removed from his/her/their position until after a public hearing of the charges against him/her. At least thirty (30) calendar days prior written notice must be given to the Board member detailing those charges indicating the date fixed for the hearing.

9. All Board members shall sign the Board Conflict of Interest policy.

Notes

30 Miss. Code. R. 2201-3.1

Miss Code Ann. § 73-30-5 (Rev. 2018)

Amended 1/10/2020 Amended 1/2/2023