30 Miss. Code. R. 2201-4.1 - General Requirements for all Licensure Types

A. No person shall provide counseling/psychotherapy services or practice as either a Provisional Licensed Professional Counselor or 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. An Applicant is either a citizen of the United States 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 a Board approved examination to be eligible for licensure.

F. Applicants must meet all education and experience requirements.

G. An Applicant may not be in violation of any of the provisions of Sections 73-30-1 et seq., of the Mississippi Code of 1972, Annotated or any of the rules and regulations adopted by the Board.

H. The Applicant must complete the entire application process for the specific licensure requested.

1. The application process for licensure must be completed within one (1) year of the Board's receipt of the individual's application. An individual who has not completed the application process within the one (1) year must pay a Reapplication Fee in order to reactivate the application. The Reapplication Fee is due by the end of one (1) year of the original application date, which extends the application process for an additional one (1) year. If an Applicant does not complete the application process within the additional year, the application will become void.

2. Incomplete applications that have not been kept current will be kept on file for two (2) years, after which time they will be destroyed.

3. The Applicant shall read all application materials and all of the Rules and Regulations before beginning the application process, as the required Application Fee is nonrefundable. Periodically, the Rules, Regulations and Application process for the Mississippi State Board of Examiners for Licensed Professional Counselors, is updated and/or revised. The Applicant/Licensee must comply with the most current version of the Board's Rules and Regulations. The Rules and Regulations and application guidelines may be accessed from the Board's website at www.lpc.ms.gov.

4. Only completed applications that are submitted ten (10) business days before a Regularly Scheduled Board meeting will be considered for review at that meeting.

I. A photo that meets passport requirements shall be uploaded with the application for any licensure. The photo must not be more than six (6) months old. Specific photo size specifications can be located on the Board's website at lpc.ms.gov.

J. Any Applicant who is or who has ever been licensed in another state or country must have each state/country verify the license directly with the Board office.

K. The Board shall require each first-time Applicant for licensure and every Licensee seeking 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 every six (6) years. Each Applicant shall submit a full set of the Applicant's fingerprints in a form and manner prescribed by the Board.

1. For purposes of these background checks, "good moral character" shall be established by an absence of felony convictions or convictions for misdemeanors involving moral turpitude.

2. The background check shall conform to the applicable federal standards and shall include the taking of fingerprints.

3. The Applicant shall sign a release of information to the Board and shall be responsible for the payment of the fee associated with the criminal background check.

4. Upon completion of the background check, the Department of Public Safety shall forward to the Board all releasable information obtained concerning the Applicant or Licensee.

5. No person shall be eligible to receive or hold a license issued by the Board if that person has pled guilty or nolo contendre to or has been found guilty of any felony or misdemeanor involving moral turpitude.

6. Upon receipt of information from the Department of Public Safety that a person has pled guilty or nolo contendre to or found guilty of any felony or misdemeanor involving moral turpitude, the Board shall immediately deny licensure or refuse renewal of license.

7. The provisions of Rule 4.1(K)(5) and Rule 4.1(K)(6) above may be waived by the Board upon request of the affected Applicant for licensure or the person holding a license subject to revocation. The request shall be for a show cause hearing within ten (10) calendar days, which shall be conducted pursuant to the process set out in the Regulations providing for the Board complaints process.

8. Circumstances for which a waiver may be granted shall include, but not be limited to, the following:

a. The age at which the crime was committed;

b. The circumstances surrounding the crime;

c. The length of time since the crime;

d. Subsequent work history;

e. Employment references;

f. Character references; and

g. Other evidence demonstrating that the Applicant does not pose a threat to the health or safety of the public.

9. There shall be no waiver opportunities for any conviction involving any form of Abuse of a Vulnerable Adult or Child Abuse, including but not limited to child pornography, enticement, physical abuse, sexual abuse, and neglect. This also includes any conviction under the Child Exploitation Act (Mississippi Code Annotated Section 97-5-33).

L. Applicants must be approved by the Board.

M. The Board will not review incomplete applications for licensure.

Notes

30 Miss. Code. R. 2201-4.1

Miss Code Ann. § 73-30-7(6) & 73-30-9 & 73-30-21 (Rev. 2018)

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