Section 73-30-21 - Revocation, denial, or suspension of license; reinstatement; injunctions(1) The board may, after notice and opportunity for a hearing, suspend, revoke or refuse to issue or renew a license or the privilege to practice or may reprimand the license holder or holder of the privilege to practice, upon a determination by the board that such license holder or holder of the privilege to practice or applicant for licensure or the privilege to practice has: (a) Been adjudged by any court to be mentally incompetent or have had a guardian of person appointed;(b) Been convicted of a felony;(c) Sworn falsely under oath or affirmation;(d) Obtained a license or certificate or the privilege to practice by fraud, deceit or other misrepresentation;(e) Engaged in the conduct of professional counseling in a grossly negligent or incompetent manner;(f) Intentionally violated any provision of this article;(g) Violated any rules or regulations of the board; or(h) Aided or assisted another in falsely obtaining a license or the privilege to practice under this article. With regard to a refusal to issue a privilege to practice, such refusal by the board shall be in accordance with the terms of the Professional Counseling Compact instead of this subsection (1).
(2) Appeals from disciplinary action are to be brought in the circuit court in the county of residence of the practitioner. In the event the practitioner resides out of state the appeal should be brought in Hinds County Circuit Court.(3) The board may assess and levy upon any licensee, practitioner or applicant for licensure or the privilege to practice the costs incurred or expended by the board in the investigation and prosecution of any licensure, privilege to practice or disciplinary action, including, but not limited to, the costs of process service, court reporters, expert witnesses, investigators and attorney's fees.(4) No revoked license or privilege to practice may be reinstated within twelve (12) months after such revocation. Reinstatement thereafter shall be upon such conditions as the board may prescribe, which may include, without being limited to, successful passing of the examination required by this article.(5) A license or privilege to practice certificate issued by the board is the property of the board and must be surrendered on demand.(6) The chancery court is hereby vested with the jurisdiction and power to enjoin the unlawful practice of counseling and/or the false representation as a licensed counselor in a proceeding brought by the board or any members thereof or by any citizen of this state.(7) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.Laws, 1985, ch. 354, § 11; Laws, 1996, ch. 507, § 63, eff. 7/1/1996.Amended by Laws, 2022, ch. 320, HB 1056,§ 6, eff. 7/1/2022.Amended by Laws, 2018, ch. 390, HB 708,§ 6, eff. 7/1/2018.