65-5809. Refusal to issue, suspension, limitation, refusal to renew, condition or revocation of license; grounds.
65-5809
65-5809. Refusal to issue, suspension, limitation,refusal to renew, condition orrevocation of license; grounds.The board may refuse to issue, suspend, limit, refuse torenew, condition or revoke any licensegranted underthe professional counselors licensure act for any of thefollowing reasons:
(a) Use of drugs or alcohol, or both, to an extent that impairs theindividual's ability to engage in the practice of professional counseling;
(b) the individual has been convicted of a felony and, afterinvestigation, the board finds that the individual has not beensufficiently rehabilitated to merit the public trust;
(c) use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to the provisions of theprofessionalcounselors licensure act or in obtaining permission totake any examinationgiven or required pursuant to the provisions of the professional counselorslicensure act;
(d) obtaining or attempting to obtain any fee, charge, tuition or othercompensation by fraud, deception or misrepresentation;
(e) incompetence, misconduct, fraud, misrepresentation or dishonesty inthe performance of the functions or duties of a professional counselor orclinical professional counselor;
(f) violation of, or assisting or enabling any individual to violate,any provision of the professional counselors licensure actor any rule andregulation adopted under such act;
(g) impersonation of any individual holding a licenseor allowing anyindividual to use a license or diploma from any school ofa person licensed under the professional counselors licensure act or a diplomafrom any school of an applicant for licensure under theprofessionalcounselors licensure act;
(h) revocation or suspension of a license or otherauthorization to practicecounseling granted by another state, territory, federal agency or countryupon grounds for which revocation or suspension is authorized by theprofessional counselors licensure act;
(i) the individual is mentally ill or physically disabled to an extentthat impairs the individual's ability to engage in the practice ofprofessional counseling;
(j) assisting or enabling any person to hold oneself out to the publicor offer to hold oneself out to the public as a licensedprofessional counselor or a licensed clinical professional counselorwho is not licensed under theprovisions of theprofessional counselors licensure act;
(k) the issuance of the license was based upon amaterial mistake of fact;
(l) violation of any professional trust or confidence;
(m) use of any advertisement or solicitation which is false, misleadingor deceptive to the general public or persons to whom the advertisement orsolicitation is primarily directed;
(n) unprofessional conduct as defined by rules and regulations adoptedby the board; or
(o) the licensee has had a registration, license orcertificate as aprofessional counselor revoked, suspended or limited, or has had otherdisciplinary action taken, or an application for a registration, license orcertificate denied, by the proper regulatory authority of another state,territory, District of Columbia, or other country, a certified copy of therecord of the action of the other jurisdiction being conclusive evidencethereof.
History: L. 1987, ch. 315, § 9; L. 1988, ch. 263, § 2;L. 1996, ch. 153, § 9;L. 1999, ch. 117, § 8;L. 2004, ch. 16, § 1; July 1.