Arkansas Administrative Code › Agency 122 - Board of Examiners in Counseling › Rule 122.00.06-001 - Rules and Regulations

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS CODE ANNOTATED §
								17-27-101 et
			 seq
I.
General
		  Information
Section 1.1 ENABLING
		  LEGISLATION
The Rules are adopted pursuant to Arkansas Code Annotated §
									17-27-101 -313
			 et seq.
Preface
The Arkansas Board of Examiners in Counseling interprets the
			 intent of the Legislature, passed as Arkansas Code Annotated §
									17-27-101 -104
			 et esq., to provide for the licensure and regulation of Counselors and Marriage
			 and Family Therapists. The Act is both title and practice. The Governor, who
			 signed it into law in 1979, and the Board interprets Act 593 of 1979, as
			 amended by Act 244 of 1997, to be for the protection of the public welfare and
			 in the public interest.
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 shall, at all times, apply the provisions of Arkansas Code
			 Annotated §
									17-27-101, et
			 seq and the Rules adopted, from time to time, 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 practicing counselors and three counselor educators or
			 supervisors, one of which shall also be a licensed Marriage and Family
			 Therapist,
if available
, and one (1) non-licensed
			 individual who represents the general public. The seven are recommended to the
			 governor by November 1 each year by the Executive Committee of the Arkansas
			 Counseling Association (ArCA) or the Executive Committee of the Arkansas Mental
			 Health Counseling Association (ArMHCA). One (1) licensed Marriage and Family
			 Therapist shall be recommended to the governor by the Board of Directors of the
			 Arkansas Association for Marriage and Family Therapists (ArAMFT). One (1)
			 non-licensed member shall represent the over sixty populations and is selected
			 by the governor from the general population. Section (c)(1)(e)(1)
The appointed replacement shall be eligible for reappointment to
			 a full three year term upon completion of the partial term appointment created
			 by the vacancy. Section (c) (1)(e) (1) (g)
Board members shall be ineligible for reappointment for a period
			 of three (3) years following completion of each full, three (3) year
			 term.
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).
In accordance with Arkansas Code Annotated §
									25-19-101
et seq
, examination and copying of public records,
			 client records "such as state income tax returns, medical records, scholastic
			 records, adoption records, and other similar records which by law are required
			 to be closed to the public shall not be deemed to be made open to the
			 public."
Individual files, not required to be kept for historical purposes
			 (Act 918 of 2005- An Act Concerning the Retention of Public Records by State
			 Agencies), will be destroyed after five years. Examples are: incomplete
			 application files, non renewed licensee files, and files of deceased persons.
			 If any form of disciplinary action was recorded for any licensee or applicant,
			 the files will be kept permanently and never destroyed. If persons who no
			 longer hold a license or failed to be granted a license have a file in the "DO
			 NOT DESTROY" files and apply for a license, the old file will be combined with
			 the new application for Board review.
Information for public guidance will follow Arkansas Code
			 Annotated §
									25-19-108
			 of the Arkansas Freedom of Information Act for public distribution.
The Board will 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 Arkansas
			 Counseling Association, to the Arkansas Association of Marriage and Family
			 Therapy, and the Arkansas Mental Health Counselors Association for publication
			 in their newsletters.
A periodic press release may be issued to state-wide newspapers
			 listing licenses issued, suspended, and revoked. If the suspension or
			 revocation is under appeal it will be so noted.
Final decisions arrived at through administrative hearings will
			 be available to requesters [including third party payers]. These decisions will
			 be available through the Board's web site or by written request from the Board
			 office.
Section 1.4 PURPOSE
		  OF ORGANIZATION
Law charges the Board with the responsibility for the regulation
			 of the titles and the practices of Counseling and Marriage and Family Therapy
			 and Specialization Licenses related
to
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.
Persons engaged in practices/activities of Counseling or Marriage
			 and Family Therapy to individuals or groups in Arkansas must hold an Arkansas
			 license for whatever method the services are offered, rendered or delivered.
			 These regulations apply to all traditional approaches and to all
			 technology-assisted distance approaches, including telephone approaches, to
			 Counseling or Marriage and Family Therapy offered to individuals or groups in
			 Arkansas. Telephone Crisis "Hot Lines", telephone consultation between licensed
			 mental health providers and emergency telephone calls are exempt. Counseling
			 or
Marriage and Family Therapy telephone services provided as a
			 regular scope of practice , as a business, advertised to the public with hourly
			 fees as mental health services by Counselors or Marriage and Family Therapists
			 requires and Arkansas license.. See Section XII for the ethics, definitions and
			 standards.
In order to protect the citizens of Arkansas, obtaining a license
			 as a Counselor/Psychotherapist or Marriage and Family Therapist 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
			 Technology-Assisted distance (electronic, computer, telephone)
			 counseling.
If the individual or group receiving mental health services is
			 physically located in Arkansas, the Counselor/Psychotherapist or Marriage and
			 Family Therapist providing the services must hold an Arkansas license
			 regardless of the whether he or she is located in-state or out of state.
If the Counselor/Psychotherapist or Marriage and Family Therapist
			 is physically located in Arkansas, he or she must have an Arkansas license to
			 provide Counseling/Psychotherapy or Marriage and Family Therapy services to
			 individuals or groups located in Arkansas. If the licensee offers services to
			 clients in another state, the licensee is subject to the laws of that
			 state.
Section 1.5
		  ORGANIZATION OF THE BOARD
The Board will meet to organize within 30 days following 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 he held at the discretion of the chair or upon written request of
			 any three (3) members of the Board (Arkansas Code Annotated§
									17-27-202
			 et seq).
Section 1.6
		  MEETINGS
Meetings of the Board, formal or informal, shall be open to the
			 public. dates, times, and places of meetings shall be furnished to anyone
			 requesting the information and made available to the press in compliance with
			 Arkansas Code Annotated §
									25-19-101 et
			 seq. (Freedom of Information Act).
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 to comply with
			 Arkansas Code Annotated § 26-179-1059(c) (5) (b). Executive session may be
			 applied in accordance with Arkansas Code Annotated §
									25-19-106(a)
			 (c) (1) and (5) (A) (B).
Section 1.7 FINANCES
The Board shall set licensing fees and no part of any fee shall
			 be refundable under any conditions other than failure of the Board to hold
			 examinations at the time originally announced. All fees collected shall be held
			 in an Arkansas Bank, chosen by the Board, with funds being disbursed in
			 accordance with current standard state accounting procedures. 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 Chairperson, the Executive Director,
			 or another Board member shall be bonded to handle finances of the Board in
			 compliance with state regulations.
All receipts for fees are numbered, in triplicate and dated.
			 Receipt numbers are to be certified by notarized letter from place of
			 purchase.
Section 1.8 INTENT
		  OF THE ACT
It is intended that the provisions of Arkansas Code Annotated
			 §
									17-27-101 et seq
			 be in accordance and consistent with other licensing laws.
Section 1.9 DEFINITIONS
"Appraisal activities" means selecting, administering, scoring
			 and interpreting instruments designed to assess an individual's aptitudes,
			 attitudes, abilities, achievements, personal characteristics and interests, but
			 shall not include the use of projective techniques for personality assessment
			 unless specifically qualified to do so under another license. Documentation of
			 all training for appraisal activities and Board approval for those activities
			 is required for protection of the public. Appraisal Specialization License
			 [Rule Section 3.5 (C)(6)] is required if appraising/evaluating for placement of
			 children or adults in special programs, in schools, institutions, etc. If
			 appraisals are conducted under contracts with public schools or for the
			 Arkansas Department of Human Services the Appraisal Specialization License must
			 be verified prior to reimbursement to schools or individuals.
"Counseling/Psychotherapy" 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. Counseling/Psychotherapy is 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. The
			 terms Counseling/ Psychotherapy are used interchangeably in definitions of
			 mental health activities in counseling textbooks
"Licensed Associate Counselor" 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 3.1 of these rules and regulations, 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 duly Licensed Professional
			 Counselor. Nothing in this definition shall be construed to include those
			 professions excluded by Ark. Code Ann. §
									17-27-103.
"Licensed Associate Marriage and Family Therapist" 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 3.3 of these rules
			 and regulations; offers to render marriage and family therapy services to
			 individuals, couples and families, singularly or in groups for monetary
			 remuneration; or 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.
"Licensed Marriage and Family Therapist" 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 3.4 of the rules and regulations; 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; or 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.
"Licensed Professional Counselor" 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 3.2 of the rules and regulations, 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.
"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
			 into more effective methods for the treatment and prevention of the above-named
			 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.
"Privileged Communication" shall mean any communication between
			 client and counselor given in confidence and not intended to be disclosed to
			 third persons other than those to whom disclosure is made in the furtherance of
			 the rendition of professional services to the client.
"Referral activities" means the evaluating of data to identify
			 problems and to determine the advisability of referral to other
			 specialists.
"Relevant Professional" or "Continued Education Experience" means
			 documented training, workshops, institutes, seminars, etc., primarily
			 counseling in content. The Board accepts documented clock hours as described in
			 Section 7.3.
"Research activities" means reporting, designing, conducting, or
			 consulting on research in counseling with human subjects.
"Statement of Professional 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).
"Supervision" means professional monitoring and reporting (a) of
			 a Licensed Associate Counselor (LAC) by an individual licensed as a LAC
			 supervisor and (b) of a Licensed Associate Marriage and Family Therapist
			 (LAMFT) by an individual licensed as a LMFT supervisor.
"Practicing Counselors" means individuals who apply 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.
"Counselor Educator" means Counselors who are responsible for
			 developing, implementing, and supervising educational programs and are skilled
			 as teachers and practitioners. They are knowledgeable regarding the ethical,
			 legal, and regulatory aspects of the profession, are skilled in applying that
			 knowledge, and make students and supervisees aware of their responsibilities.
			 Counselor Educators conduct counselor education and training programs in an
			 ethical manner and serve as role models for professional behavior. Individuals,
			 who develop, implement/conduct and supervise comprehensive education and
			 training programs for counseling trainees in a knowledgeable, skillful and
			 ethical manner, and serve as culturally-aware role models for professional
			 behavior. Counselor Educators are considered professionals at the degree level
			 of Ed.D. or Ph.D. in counseling, psychology, or closely related field level of
			 education who infuse material related to human diversity into all courses
			 and/or workshops that are designed to promote the development of professional
			 counselors. Counselor Educators are individuals whose primary profession is as
			 a counselor educator, employed at least half time in an Arkansas institution of
			 higher education or counselor educators retired from a higher education
			 institution in Arkansas.
"Adjunct lecturer" means persons who teach counseling courses,
			 part time for various reasons at universities in higher education. They are
			 considered practicing counselors by profession, if licensed or licensable. They
			 are eligible for board service under the practicing counselor category.
"Supervisor" means an individual who holds a state appointment as
			 a supervisor in the State Department of Education for the purpose of promoting
			 the development of professional counselors in the public schools and holds the
			 EdD or the PhD level of education in counseling or related field. The intent of
			 Act 593 of 1979 was to recognize the State Supervisors of public school
			 counselors as equal to Counselor Educators in Higher Education as persons
			 responsible for programs and training. The amendments of Act 244 of 1997 did
			 not address nor change the intent of the Act 593 of 1979. Arkansas individuals
			 who hold the LPC or LMFT license and also hold the Supervision Specialization
			 License are approved to supervise LAC and LAMFT licensed individuals.
"Licensed or Licensable" means a person who hold an Arkansas
			 counseling or therapy license that is in good standing with the Board or
			 persons who have filed an application and are in the process of becoming
			 licensed by the Counseling Board. Individuals who have an application in
			 process but fail the examinations or fingerprint check are not considered
			 licensable.
"Distance Learning" means distance education; learning or
			 distance learning, a formal education process, in which instruction occurs when
			 the student and instructor are not located in the same place. Distance learning
			 adds technology to the learning environment by a variety of means. Instruction
			 may be synchronous or asynchronous. Courses taught via distance learning must
			 be approved by the Board, as per the rules for distance course work, prior to
			 acceptance of courses used in an application for an Arkansas license. Section
			 3.6 (1)(h)(i)(j) As this form of education has evolved with technology, it may
			 be referred to as cyber learning, electronic learning, distance learning. For
			 the purposes of these rules, the term distance learning refers to all none
			 traditional methods of presentation.
"Technology-Assisted Distance Counseling" (Electronic Counseling,
			 Cyber Counseling) for Counseling or Marriage and Family Therapy means any form
			 of services offered or rendered by electronic or technology-assisted approaches
			 when the Counselor or Marriage and Family Therapist and the client are not
			 located in the
same
place. Technology-Assisted
			 Distance Counseling may be synchronous or asynchronous. Only Counselors and
			 Marriage and Family Therapists, licensed by the Arkansas Board of Examiners in
			 Counseling, who also hold the Technology-assisted Distance Counseling or
			 Marriage and Family Therapy Specialization License, may provide Technology
			 Assisted Distance Counseling or Marriage and Family services.
"Traditional Counseling" means any form of Counseling or Marriage
			 and Family Therapy offered or rendered in person, face to face, with the
			 Counselor or Marriage and Family Therapist in the same physical
			 location.
"Group Counseling or Group Marriage and Family Therapy" means two
			 or more persons meeting with the Counselor or Marriage and Family
			 Therapist.
"Technology" means electronically based hardware, software, video
			 and related systems and telephone systems to deliver knowledge, skills, and
			 tools for learning and communication processes. Technology for Counseling or
			 Marriage and Family Therapy encompasses distance learning and distance
			 counseling by any form of technology system /telephone system delivers of
			 services. See section XII for the Technology-Assisted Distance Counseling
			 definitions.
"Direct Service" means interaction with clients that includes the
			 application of Counseling or Marriage and Family Therapy for human development
			 skills and/or for mental health issues. In general, the term is used to refer
			 to time spent by the Counselor or Marriage and Family Therapist working face to
			 face or directly with individuals or groups.
"Indirect Service" means consultation, case management,
			 paperwork, staffing, billing and test administration when the Counselor or
			 Marriage and Family Therapist is not working directly with the individuals or
			 groups , but the services are directly related to the individuals or groups
			 employing the Counselor or Marriage and Family Therapist.