Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 33 - Division of Health Related Boards and Commissions › Rule 007.33.21-005 - Arkansas Board of Examiners in Counseling Rule Revision

Current through Register Vol. 49, No. 6, June, 2024
I. GENERAL INFORMATION
Section 1.1 ENABLING LEGISLATION
The Rules are adopted pursuant to Arkansas Code Annotated
				§ 17-27-l0l
et seq.
Preface
The enabling legislation of the Arkansas Board of Examiners in
				Counseling is codified at Arkansas Code Annotated §
										17-27-101 and it
				provides for the licensure and regulation of Counselors and Marriage and Family
				Therapists; and the individuals who are allowed to use the titles "licensed
				professional counselor", "licensed associate counselor", "licensed marriage and
				family therapist", and "licensed associate marriage and family therapist". The
				Act is both title and practice.
The Board of Examiners in Counseling shall, in all
				deliberations and in all adopted Rules, diligently pursue goals most consistent
				with the public interest and protection of the public welfare and shall, at all
				times, apply the provisions of Arkansas Code Annotated §
										17-27-101, et
				seq. and the Rules in a fair and impartial manner.
Section 1.2 DESCRIPTION OF ORGANIZATION
The Arkansas Board of Examiners in Counseling is composed of
				nine (9) members appointed by the Governor to staggered terms of three years.
				The composition of the Board shall include six (6) licensed or licensable
				counselors, three (3) of whom are practicing counselors and three (3) of whom
				are counselor educators, one (1) licensed marriage and family therapist; one
				(1) member from the general public who is not licensed or licensable and not
				actively engaged in or retired from the profession, and one (1) member who
				shall represent the elderly.
Board members shall be appointed for three (3) year
				terms.
Section 1.3
			 INFORMATION FOR PUBLIC GUIDANCE
Records of the Board shall be kept, maintained, and made
				available for inspection in accordance with the Arkansas Freedom of Information
				Act (Arkansas Code Annotated §
										25-19-101 et
				seq.).
Records of the Board will be maintained in accordance with the
				laws governing retention of documents of State agencies.
The Board may periodically release names of new licensees and
				the names of those licensees whose licenses have been suspended or revoked, and
				those who are appealing a suspension or a revocation, to the American
				Counseling Association (ACA), to the American Association of Marriage and
				Family Therapy (AAMFT), and the American Mental Health Counselors Association.
				This information may be periodically placed on the Board website.
Final decisions arrived at through administrative hearings will
				be available to requesters [including third party payers]. All final decisions
				are reported to the National Practitioners Data Base. These decisions will be
				available through the Board's web site or by written request from the Board
				office.
Section 1.4
			 PURPOSES OF ORGANIZATION
The Board is responsible for the regulation of the titles and
				the practices of Counseling and Marriage and Family Therapy in the State of
				Arkansas. This includes examining the qualifications of the applicants and
				approving each for licensing, as well as revoking, suspending, and renewing
				licenses.
In order to protect the citizens of Arkansas, obtaining an
				Arkansas license as a Licensed Professional Counselor (LPC), Licensed Associate
				Counselor (LAC), Licensed Marriage and Family Therapist (LMFT), or Licensed
				Associate Marriage and Family Therapist (LAMFT) is a prerequisite to offering,
				rendering or delivering counseling services in Arkansas to individuals or
				groups located in Arkansas. The license requirement applies to traditional face
				to face counseling as well as to Telemedicine. If a licensee offers services to
				clients in another state, the licensee is subject to laws of that state.
Section 1.5 ORGANIZATION OF THE
			 BOARD
The Board will elect officers within 30 days before January 2
				of each year. The Board shall elect a chair and a secretary and other such
				officers, as it deems necessary, from its members to serve for terms of one
				year. Five (5) members shall at all times constitute a quorum. Additional
				meetings may be held at the discretion of the chair or upon written request of
				any three (3) members of the Board.
Section 1.6 MEETINGS
Meetings of the Board shall be open to the public in accordance
				with the Freedom of Information Act. Dates, times, and places of meetings shall
				be furnished to anyone requesting the information and made available to the
				press and on the website.
Under the provisions of the Arkansas Freedom of Information Act
				the Board may go into executive session for the purpose of giving oral
				licensure examinations or to develop examination questions.
Section 1.7 FINANCES
The Board shall charge fees for applications, licenses,
				examinations and other administrative purposes deemed necessary by the Board.
				In addition to fees collected, the Board is empowered to accept grants from
				foundations and institutions to carry out its function. The Board may hire such
				personnel as necessary to carry out its activities.
The Board has adopted the model Anti-Fraud and Code of Ethics
				Policy provided by the Arkansas Department of Finance and
				Administration.
Section 1.8
			 INTENT OF THE ACT
It is intended that the provisions of Arkansas Code Annotated
				§
										17-27-101
et seq
. operate in accordance with other laws.
Section 1.9 DEFINITIONS
(a) "Board Approved Supervisor Status" means
			 any person holding himself/herself out to the public by any title or
			 description of services incorporating the words Approved Supervisor Status. Any
			 person who meets the applicable requirements set forth in Section 4.3 of these
			 rules are approved to supervise LAC and/or LAMFT.
(b) "Counseling" means assisting individuals
			 or groups, through the counseling relationship, to develop understanding of
			 personal problems, define goals, and plan action reflecting interests,
			 abilities, aptitudes, and needs. The terms counseling and psychotherapy are
			 synonymous and refer to the application of mental health, psychological, or
			 human development principles, through cognitive, affective, behavioral or
			 systemic intervention strategies that address wellness, personal growth, or
			 career development, as well as pathology. Counseling may also include clinical
			 research and the diagnosis, treatment and prevention of the above named
			 conditions.
(c) "Licensed Associate
			 Counselor (LAC)" means any person holding himself/herself out to the public by
			 any title or description of services incorporating the words Licensed Associate
			 Counselor, who meets the requirements set forth in Section 3.2 of these rules,
			 and who offers to render counseling services to individuals, groups,
			 organizations, corporations, institutions, government agencies, or the general
			 public for monetary remuneration otherwise implying licensure, training,
			 experience, and/or expertise in counseling, and who holds a current, valid
			 license to practice counseling under the supervision of a Licensed Professional
			 Counselor. Nothing in this definition shall be construed to include those
			 professions excluded by Ark. Code Ann. §
										17-27-103.
(d) "Licensed Associate Marriage and Family
			 Therapist (LAMFT)" means any person who holds himself/herself out to the public
			 by any title or description of services incorporating the words licensed
			 associate marriage and family therapist, who meets the requirements set forth
			 in Section 3.4 of these rules; offers to render marriage and family therapy
			 services to individuals, couples and families, singularly or in groups for
			 monetary remuneration; and holds a current, valid license to practice marriage
			 and family therapy services under the supervision of a licensed Marriage and
			 Family Therapist. Nothing in this definition shall be construed to include
			 those professions excluded by Ark. Code Ann. §
										17-27-103.
(e) "Licensed Marriage and Family Therapist
			 (LMFT)" means any person who: holds himself/herself out to the public by any
			 title or description of services incorporating the words licensed marriage and
			 family therapist, who meets the requirements set forth in Section 3.5 of the
			 rules; offers to render marriage and family therapy services to individuals,
			 groups, couples, families, organizations, corporations, institutions,
			 government agencies, or the general public for monetary remuneration or
			 otherwise implying that he or she is licensed, trained, experienced, or an
			 expert in marriage and family therapy; and holds a current, valid license to
			 practice marriage and family therapy. Nothing in this definition shall be
			 construed to include those professions excluded by Ark. Code Ann. §
										17-27-103.
(f) "Licensed Professional Counselor (LPC)"
			 shall mean any person holding himself/herself out to the public by any title or
			 description of services incorporating the words Licensed Professional
			 Counselor, who meets the requirements set forth in Section 3.3 of the rules,
			 and who offers to render counseling services to individuals, groups,
			 organizations, corporations, institutions, government agencies, or to the
			 general public for monetary remuneration or who otherwise implies licensure,
			 training, experience, and/or expertise in counseling and who holds a current
			 valid license to practice counseling/psychotherapy. Nothing in this definition
			 shall be construed to include those professions excluded by Ark. Code Ann.
			 § 17-27- 103.
(g) "Marriage
			 and Family Therapy" means the use of scientific and applied marriage and family
			 theories, methods and procedures for the purpose of describing, evaluating and
			 modifying marital, family and individual behavior within the context of marital
			 and family systems, including the context of marital formation and dissolution.
			 Marriage and family therapy is based on systems theories, marriage and family
			 development, normal and dysfunctional behavior, human sexuality and
			 psychotherapeutic, marital and family therapy theories, and techniques in the
			 evaluation, assessment and treatment of interpersonal or intrapersonal
			 dysfunction within the context of marriage and family systems. Marriage and
			 family therapy may also include clinical research and the diagnosis, treatment
			 and prevention of the abovenamed conditions. Nothing in this definition or in
			 this chapter shall be construed as precluding licensed professional counselors
			 or licensed associate counselors from rendering these services.
(h) "Statement of Intent" means a typed
			 statement from the applicant on file with the Board, describing the scope of
			 practice for use under the requested license, the public with whom the
			 applicant will work, and the counseling/psychotherapy and appraisal approaches
			 the applicant plans to use (including techniques and tools).