– Administrative hearing for applicant with felony conviction – Definitions. A. The State Board of Behavioral Health Licensure may deny, revoke, suspend or place on probation any license issued subject to the provisions of the Marital and Family Therapist Licensure Act, if the person has: 1. Been convicted of a felony crime that substantially relates to the practice of counseling and poses a reasonable threat to public safety; 2. Violated ethical standards of such a nature as to render the person found by the Board to have engaged in such violation unfit to practice marital and family therapy; 3. Misrepresented any information required in obtaining a license; 4. Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of the Marital and Family Therapist Licensure Act; 5. Knowingly aided or abetted a person not licensed pursuant to these provisions in representing himself or herself as a licensed marital and family therapist in this state; 6. Engaged in unprofessional conduct as defined by the rules promulgated by the Board; or 7. Engaged in negligence or wrongful actions in the performance of the duties of such person. B. If the Board determines that a felony conviction of an applicant renders the convicted applicant unfit to practice counseling, the Board shall provide notice and opportunity to the applicant, by certified mail at the last-known address, for an administrative hearing to contest such determination before the Board may deny the application. The request shall be made by the applicant within fifteen (15) days of receipt of the notice. C. No license shall be suspended, revoked or placed on probation until notice is served upon the licensed marital and family therapist and a hearing is held in such manner as is required by the Marital and Family Therapist Licensure Act. D. Any person who is determined by the Board to have violated any of the provisions of the Marital and Family Therapist Licensure Act or any rule promulgated or order issued pursuant thereto may be subject to an administrative penalty. The maximum fine shall not exceed Ten Thousand Dollars ($10,000.00). All administrative penalties collected pursuant to the Marital and Family Therapist Licensure Act shall be deposited into the Licensed Marital and Family Therapist Revolving Fund. Administrative penalties imposed pursuant to this subsection shall be enforceable in the district courts of this state. E. As used in this section: 1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and 2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation. Added by Laws 1990, c. 166, § 15, eff. Jan. 1, 1991. Amended by Laws 1998, c. 295, § 25, eff. Nov. 1, 1998; Laws 2000, c. 53, § 11, emerg. eff. April 14, 2000; Laws 2009, c. 220, § 3, eff. Nov. 1, 2009; Laws 2013, c. 229, § 24, eff. Nov. 1, 2013; Laws 2015, c. 183, § 12, eff. Nov. 1, 2015; Laws 2019, c. 363, § 65, eff. Nov. 1, 2019.
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