Arkansas Administrative Code › Agency 122 - Board of Examiners in Counseling › Rule 122.00.13-001 - Arkansas Board of Examiners in Counseling proposed Rule change

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 §
									17-27-101 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 practicing counselors (one of whom must be a supervisor) and
			 three counselor educators or supervisors, one of which shall also be a licensed
			 Marriage and Family Therapist educator and/or approved supervisor 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)(l)(e)(l)
Board members shall be ineligible for reappointment for a period
			 of three (3) years following completion of each full, three (3) year
			 term.
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)
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 § 2549-101 et seq.).
Records of the Board will be maintained in accordance with the
			 laws governing retention of documents of State agencies.
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.
This information will be periodically placed
			 on the Board website
:
http://www.abec.myarkansas.net/
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 PURPOSES
		  OF ORGANIZATION
The Board is responsible 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 the practice of Counseling or Marriage and
			 Family Therapy to individuals or groups in Arkansas must hold an Arkansas
			 license to engage in that practice. 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 an Arkansas license. See Section XII for the ethics,
			 definitions and standards for the practice of internet or telephone
			 services.
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 whether he or she is located in-state or out of state.
If the Counselor/Psychotherapist or Marriage and Family Therapist
			 are 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 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 he held at the discretion of the chair or upon written request of
			 any three (3) members of the Boards
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 Chairperson and
			 the Executive Director shall be bonded to handle finances of the Board in
			 compliance with state regulations.
All receipts for fees are numbered and dated.
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) "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.
(b)
		  "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
(c) "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.
(d) "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.
(e) "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.
(f) "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.
(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 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.
(h) "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.
(i) "Referral activities" means the
		  evaluating of data to identify problems and to determine the advisability of
		  referral to other specialists.
(j)
		  "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.
(k) "Research activities"
		  means reporting, designing, conducting, or consulting on research in counseling
		  with human subjects.
(l) "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).
(m) "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 (LAMFL) by an individual licensed as a LAMFT
		  supervisor.
(n) "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.
(o) "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.
(p) "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.
(q)
		  "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.
(r) "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 Board. Individuals who have an application in
		  process but fail the examinations or fingerprint check are not considered
		  licensable.
(s) "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 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 non-traditional methods of
		  presentation.
(t)
		  "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.
(u)
		  "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.
(v) "Group Counseling, Relational Counseling
		  or Group Marriage and Family Therapy" means two or more persons
,
		  couples or families
meeting with the Counselor or Marriage and
		  Family Therapist.
(w) "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 delivery s of services. See section XII for
		  the Technology-Assisted Distance Counseling definitions.
(x) "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.
(y) "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.
(z) "Volunteer"
		  means an individual offering volunteer services that is approved by the
		  organization or agency for whom the service is rendered. See II. Exemptions,
		  Section 2.2