Marriage and Family Therapists

Miss. Code Ann. tit. 73, ch. 54
in effect

Miss. Code Ann. § 73-54-1 Title.

This chapter shall be known and may be cited as the “Marriage and Family Therapy Licensure Act of 1997.”

Miss. Code Ann. § 73-54-3 Declaration of policy and purpose.

Marriage and family therapy in the State of Mississippi is declared to be a professional practice that affects the public safety and welfare and requires appropriate regulation and control in the public interest. It is the purpose of this chapter to establish a regulatory agency, a structure, and procedures that will ensure that the public is protected from unprofessional, improper, unauthorized and unqualified practice of marriage and family therapy. This chapter shall be liberally construed to carry out these policies and purposes.

Miss. Code Ann. § 73-54-5 Definitions.

As used in this chapter and in Section 73-53-8, unless the context clearly requires a different meaning: “Licensed marriage and family therapist” means a person to whom a license has been issued under this chapter and Section 73-53-8, which license is in force and not suspended or revoked as of the particular time in question. “Licensed marriage and family therapy associate” means a person to whom a marriage and family therapy associate license has been issued under this chapter and Section 73-53-8, which license is in force and not suspended or revoked as of the particular time in question. “Marriage and family therapy” means the rendering of professional therapy services to individuals, families or couples, singly or in groups, and involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of therapy services to those persons. “Practice of marriage and family therapy” means the rendering of professional marriage and family therapy services to individuals, couples and families, singly or in groups, whether those services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise. This involves the professional application of psychotherapeutic and family systems theories and techniques in the delivery of therapy services to those persons. Licensed marriage and family therapists may use specialized clinical knowledge and advanced clinical skill in the areas of assessment, diagnosis, and the treatment of mental, emotional, and behavioral disorders, conditions, and addictions within a marriage and family therapy treatment context. This definition shall not be construed to include psychological evaluation or testing, including administering and interpreting psychological tests, such as intellectual, neuropsychological, advanced personality, and projective instruments, or the labeling of any test, report or procedure as psychological or as a psychological evaluation. The terms “assessment” and “treatment” shall not be construed to permit the performance of any act that marriage and family therapists are not educated and trained to perform. This shall not limit licensed marriage and family therapists in the use of assessment instruments for which they were trained to evaluate individuals, couples and family members with regard to marriage and family functioning. “Advertise” means, but is not limited to, issuing or causing to be distributed any card, sign or device to any person; causing, permitting or allowing any sign or marking on or in any building; broadcasting by radio or television; or advertising on the Internet or by any other means designed to secure public attention. “Use a title or description of” means to hold oneself out to the public as having a particular status by means of stating it on signs, mailboxes, address plates, stationery, announcements, calling cards, the Internet or other instruments of professional identification. “Board” means the Board of Examiners for Social Workers and Marriage and Family Therapists created by Section 73-53-8. “Institution of higher education” means any regionally accredited institution of higher learning in the United States that offers a master’s or doctoral degree; for foreign universities, this term means an institution of higher education accredited by a legal agency of that country that is satisfactory to the board. “Examination” means the test or exam endorsed or prescribed by the Association for Marital and Family Therapy Regulatory Boards. “Person” means any individual, firm, corporation, partnership, organization or body politic.

Miss. Code Ann. § 73-54-7 Practicing marriage and family therapy or using certain titles without license prohibited; penalties.

A person who does not hold a valid and current license issued by the board shall not practice marriage and family therapy, nor advertise the performance of that practice. Except as specifically exempted in Section 73-54-9, beginning September 1, 1997, any person who represents himself or herself by the title or description “marital or marriage therapist,” “licensed marital or marriage and family therapist,” or any other name, style or description denoting that the person is a marriage and family therapist or marriage and family counselor without having first complied with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for each offense.

Miss. Code Ann. § 73-54-9 Exemptions.

A person shall be exempt from the requirements of this chapter if the person is a marriage and family therapy intern or person preparing for the practice of marriage and family therapy under qualified supervision in a training institution or facility or supervisory arrangement recognized and approved by the board, provided he or she is designated by such titles as “marriage and family therapy intern,” “family therapy intern” or others, clearly indicating such training status. Nothing in this chapter shall prevent licensed or certified members of other professional groups as defined by their board, including, but not limited to, physicians, psychologists, clinical nurse specialists, clinical social workers, licensed professional counselors, or duly ordained ministers or clergy while functioning in their ministerial capacity, from doing or advertising that they perform work of a marriage and family therapy nature consistent with the accepted standards of their respective professions. Nothing in this chapter shall be construed as permitting licensed marriage and family therapists to engage in the practice of psychology. Marriage and family therapists may provide testing consistent with the scope of their education, training and experience. Testing shall occur within the context of a therapeutic relationship.

Miss. Code Ann. § 73-54-11 Powers of board.

The board shall administer and enforce the provisions of this chapter. The board shall from time to time adopt such rules and regulations and such amendments thereof and supplements thereto as it may deem necessary to enable it to perform its duties under, and to carry into effect the provisions of, this chapter. Such rules and regulations shall be adopted in accordance with the Mississippi Administrative Procedures Law (Section 25-43-1 et seq.). The board shall examine and pass on the qualifications of all applicants under this chapter, and shall issue a license to each successful applicant therefor, attesting to his or her professional qualifications to be a marriage and family therapist or marriage and family therapy associate.

Miss. Code Ann. § 73-54-13 Licensure prerequisites.

Each person desiring to obtain a license as a marriage and family therapist or marriage and family therapy associate shall make application thereof to the board in such manner as the board prescribes and with required application fees and shall furnish evidence satisfactory to the board that he or she: Is of good moral character; Has not engaged or is not engaged in any practice or conduct which would be a ground for refusing to issue a license under Section 73-54-29 or Section 73-53-17; Is qualified for licensure pursuant to the requirements of this chapter; and Is at least twenty-one (21) years of age.

Miss. Code Ann. § 73-54-15 Repealed.

Repealed by Laws of 2011, ch. 462, § 22, effective from and after July 1, 2011. § 73-54-15 . [Laws, 1997, ch. 516, § 8; reenacted without change, Laws, 1999, ch. 438, § 13; reenacted without change, Laws, 2001, ch. 421, § 16, eff from and after June 30, 2001]. Editor’s Notes — Former § 73-54-15 prescribed the qualifications for marriage and family therapist license applicants on or before September 1, 2000.

Miss. Code Ann. § 73-54-17 Qualification for marriage and family therapy licensure after September 1, 2000; qualification for marriage and family therapy associate licensure after September 1, 2011.

Any person who applies for a marriage and family therapy license after September 1, 2000, shall be issued that license by the board if he or she meets the qualifications set forth in Section 73-54-13, and submits the required application fees, and provides satisfactory evidence to the board that he or she: Meets educational and experience qualifications as follows: Holds a master’s degree or doctoral degree in marriage and family therapy from an institution of higher education in a program that is accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE), or that was in COAMFTE candidacy status at the time of graduation and subsequently received COAMFTE accreditation; Following the receipt of the first qualifying degree, has at least two (2) years of supervised experience in marriage and family therapy, or its equivalent, acceptable to the board; and Has completed at least one hundred (100) hours of marriage and family therapy supervision following receipt of the first qualifying degree, as defined by the board; and Passes the national Examination in Marital and Family Therapy prescribed by the Association for Marital and Family Therapy Regulatory Boards; and Has been successfully cleared through a criminal history records check, including a fingerprint and an acceptable sex offender check, by appropriate governmental authorities as prescribed by the board. Any person who applies for a marriage and family therapy associate license after September 1, 2011, shall be issued that license by the board for a period of twenty-four (24) months, which may be renewed biennially for a period not to exceed a total of forty-eight (48) months, if the applicant meets the qualifications set forth in Section 73-54-13, submits the required application fees, and provides satisfactory evidence to the board that he or she: Holds a master’s degree or doctoral degree in marriage and family therapy from an institution of higher education in a program that is accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE), or that was in COAMFTE candidacy status at the time of graduation and subsequently received COAMFTE accreditation; Completed a clinical practicum that consisted of a minimum of five hundred (500) client contact hours and one hundred (100) hours of clinical supervision before receipt of the qualifying degree; Passes the national Examination in Marital and Family Therapy prescribed by the Association for Marital and Family Therapy Regulatory Boards; Provides all professional services under the supervision of a qualified supervisor in accordance with a supervision contract approved by the board; and Has been successfully cleared through a criminal history records check, including a fingerprint and an acceptable sex offender check, by appropriate governmental authorities as prescribed by the board.

Miss. Code Ann. § 73-54-19 Examination; cost of examination to be paid by applicant.

The board shall administer the national examination at least once a year at a time and place designated by the board. An applicant shall be required to pass the national Examination of Marital and Family Therapy prescribed by the Association for Marital and Family Therapy Regulatory Boards. The cost of the examination and the cost of administering the examination, in addition to all other fees associated with the examination, shall be paid by the applicant at the time of application.

Miss. Code Ann. § 73-54-21 Repealed.

Repealed by Laws of 2001, ch. 421, § 29, eff from and after June 30, 2001. [Laws, 1997, ch. 516, § 11; reenacted without change, Laws, 1999, ch. 438, § 16, eff from and after June 30, 1999.]

Miss. Code Ann. § 73-54-23 Licensure of persons holding out-of-state license or certification.

The board shall issue a license by examination of credentials to any applicant licensed or certified as a marriage and family therapist in another state that has such requirements for the license or certificate that the board is of the opinion that the applicant is competent to engage in the practice of marriage and family therapy in this state, provided that the applicant submits an application on forms prescribed by the board, has passed the national Examination in Marital and Family Therapy, and pays the original licensure fee prescribed by Section 73-54-25. The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

Miss. Code Ann. § 73-54-25 Repealed.

Repealed by Laws of 2011, ch. 462, § 26, effective from and after July 1, 2011. § 73-54-25 . [Laws, 1997, ch. 516, § 13; reenacted without change, Laws, 1999, ch. 438, § 18; reenacted without change, Laws, 2001, ch. 421, § 20, eff from and after June 30, 2001]. Editor’s Notes — Former § 73-54-25 directed the board to charge an application fee and examination fee to applicants for licensure as a marriage and family therapist.

Miss. Code Ann. § 73-54-27 Expiration of license; renewal; inactive status.

Except as provided in Section 33-1-39, licenses issued under this chapter shall be valid for two (2) years and must be renewed biennially, with the renewal fee being determined by the board but not to exceed Three Hundred Fifty Dollars ($350.00). The license of any marriage and family therapist or marriage and family therapy associate who fails to renew biennially by the license expiration date shall lapse; the failure to renew the license shall not deprive the marriage and family therapist or marriage and family therapy associate of the right of renewal thereafter. Such lapsed license may be renewed within a period of two (2) years after such lapse upon payment of all fees in arrears. A marriage and family therapist wishing to renew a license that has been lapsed for more than two (2) years shall be required to reapply for licensure. The board shall require each licensed marriage and family therapist and marriage and family therapy associate to participate in approved continuing education activities in order to renew a license issued under this chapter. Any licensed marriage and family therapist who notifies the board, in writing on forms prescribed by the board, may place his or her license on inactive status and shall be excused from the payment of renewal fees until the person notifies the board in writing of the intention to resume active practice. Any licensed marriage and family therapist requesting his or her license to be changed from inactive to active status shall be required to pay the current fee and shall also demonstrate compliance with continuing education requirements as defined by the board. Licensed marriage and family therapy associates are not eligible for inactive status.

Miss. Code Ann. § 73-54-29 Grounds for disciplinary sanction.

Licensees subject to this chapter shall conduct their activities, services and practice in accordance with this chapter and any rules promulgated under this chapter. Licensees may be subject to the exercise of the disciplinary sanctions enumerated in Section 73-53-23 if the board finds that a licensee is guilty of any of the actions listed in Section 73-53-17(1) or is guilty of any of the following: Violation of any provision of this chapter or any rules or regulations of the board adopted under the provisions of this chapter. Other just and sufficient cause which renders a person unfit to practice marriage and family therapy as determined by the board, but not limited to: Habitual use of alcohol or drugs to an extent that affects professional competence; Adjudication as being mentally incompetent by a court of competent jurisdiction; Practicing in a manner detrimental to the public health and welfare; Revocation of a license or certification by a licensing agency or by a certifying professional organization; Any other violation of this chapter or the code of ethical standards of the American Association for Marriage and Family Therapy or other ethical standards adopted by the board under the provisions of this chapter; or Continued practice although the individual failed to renew and has a lapsed license.

Miss. Code Ann. § 73-54-31 Disciplinary proceedings.

The board shall conduct its hearings and disciplinary proceedings in accordance with the provisions of Sections 73-53-17 through 73-53-27, this section and rules and regulations adopted by the board. Any person may be heard by the board in person or by attorney. Every vote and official act of the board shall be entered of record. Executive sessions may be used when discussing individual applicants or for any other purposes allowed by Section 25-41-7. All other hearings and rule-making proceedings shall be open to the public as provided in the Open Meetings Act (Section 25-41-1 et seq.). A record shall be made of every hearing before the board. For the purposes of Sections 73-53-17 through 73-53-27 and this section, the board shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers and documents relating to any matter under investigation. Subpoenas shall be issued by the board upon application by any party to a proceeding before the board and a showing of general relevance and reasonable scope. For noncompliance with a subpoena, the board may apply to the circuit court for an order requiring the person subpoenaed to appear before the board and testify and produce books, papers or documents if so ordered. Failure to obey such order of the court may be punished by the court as contempt.

Miss. Code Ann. § 73-54-33 Use of expert witnesses in proceedings before the board.

In any proceeding before the board involving the granting, suspension or revocation of a license or in other proceedings in which expert testimony relating to the practice of marriage and family therapy is necessary, the board may hear evidence from a qualified expert witness or witnesses selected by parties.

Miss. Code Ann. § 73-54-35 Disciplinary sanctions.

As an additional remedy to those authorized in Section 73-53-23, the board may proceed in the circuit court to enjoin and restrain any unlicensed person from violating any provision of this chapter. The board shall not be required to post bond to such proceeding.

Miss. Code Ann. § 73-54-37 Confidentiality and privileged information; exceptions.

No person licensed under this chapter as a marriage and family therapist or marriage and family therapy associate, in the course of formally reporting, conferring or consulting with administrative superiors, colleagues, consultants, employees, associates or supervisors, who share professional responsibility, shall be required to disclose any information which he may have acquired in rendering marriage and family therapy services, except: In the course of formally reporting, conferring or consulting with administrative superiors, colleagues, consultants, or supervisors, who share professional responsibility, in which instance all receipts of the information are similarly bound to regard the communications as privileged; or With written consent from the client or, in the case of death or disability, or in case of the minor, with the written consent of his or her parent, legal guardian or conservator, or other person authorized by the court to file suit; or When a communication reveals the contemplation of a harmful act, or intent to commit suicide; or When a person waives the privilege by bringing charges against a licensed marriage and family therapist or marriage and family therapy associate for breach of privileged communication, or any other charge.

Miss. Code Ann. § 73-54-39 Competency of therapist or therapy associate to testify in alimony, custody or divorce actions.

If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist or marriage and family therapy associate, the therapist or therapy associate shall not be competent to testify in an alimony, custody or divorce action concerning information acquired in the course of the therapeutic relationship.

Miss. Code Ann. § 73-54-41 Repealed.

Repealed by Laws, 2018, ch. 403, § 23, eff from and after July 1, 2018. § 73-54-41 . [Laws, 1999, ch. 438, § 27; Laws, 2001, ch. 421, § 28; Laws, 2011, ch. 462, § 34; Laws, 2014, ch. 395, § 23, eff from and after July 1, 2014.] Editor's Notes — Former § 73-54-41 repealed §§ 73-54-1 through 73-54-39 , 73-53-3 , 73-53-8 , 73-53-10 , 73-53-11 and 73-53-13 . Sections 73-54-15 and 73-54-25 , included within the span of sections repealed by former § 73-54-41 , were repealed by Laws of 2011, ch. 462, effective from and after July 1, 2011.

Miss. Code Ann. § 73-54-43 Licensed marriage and family therapist authorized to perform services that are within the lawful scope of clinical social work practice under certain circumstances.

Whenever any law, regulation or policy of the State of Mississippi or any agency, department, institution or political subdivision of the state authorizes or allows a licensed certified/clinical social worker to perform services that are within the lawful scope of clinical social work practice as defined in Section 73-53-3, those services may also be performed by a licensed marriage and family therapist to the extent that those services are within the lawful scope of practice of marriage and family therapy.

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