Arkansas Administrative Code › Agency 122 - Board of Examiners in Counseling › Rule 122.00.97-001 - Rules and Regulations

Current through Register Vol. 49, No. 6, June, 2024
PREFACE
The Arkansas Board of Examiners in Counseling interprets the
			 intent of the Legislature, which passed as A.C.A.
			 17-27-101 et
			 seq. (an act to provide for Regulation of the Practice of Counseling, Act 593
			 of 1979 etc.) and the Governor who signed it into law, to be the protection of
			 the public welfare and in the public interest
Therefore, the Board of Examiners in Counseling shall in all its
			 deliberations and all its adopted rules and regulations diligently pursue goals
			 most consistent with the public interest, and shall at all times apply the
			 provisions of A.C.A.
			 17-27-101 et
			 seq. and the rules and regulations adopted from time to time in a fair and
			 impartial manner.
1. GENERAL
		  INFORMATION
1.1 Description and Organization
		  of the Board
The Arkansas Board of Examiners in Counseling is composed, by
			 law, of seven (7) members appointed by the Governor to staggered terms of three
			 (3) years. The composition of the Board shall include six (6) licensed or
			 licensable counselors, (three (3) practicing counselors, and three (3)
			 counselor educators or supervisors). The remaining member shall be from the
			 general public. Appointments are made from a list of qualified candidates
			 submitted to the Governor by the Arkansas Counseling Association no later than
			 November 1 of each year (A.C.A.
			 17-27-101 et
			 seq.).
1.2 Purpose
The Board is charged by law with the responsibility for the
			 regulation of the practice of counseling 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.
1.3 Vacancies
(a) Expired Terms. No later than November 1,
		  of each year, the Executive Committee and /or the Board of Directors of the
		  Arkansas Counseling Association shall submit the names of qualified candidates
		  to fill expired terms. The Governor will make the appointments from this list,
		  prior to January 2 each year.
(b)
		  Unexpired Terms. Any unexpired terms shall be filled by appointment of the
		  Governor from a list of candidates, submitted within thirty (30) days of such
		  vacancy, by the Board of Directors of the Arkansas Counseling Association. The
		  appointments shall be made within thirty (30) days after the candidates names
		  have been submitted. meeting each year and 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.
1.4 Organization of the Board The
		  Board will meet to organize within thirty (30) days following January 2 of each
		  year. The Board shall elect a chair and a secretary and such other officers as
		  it deems necessary from its members to serve for terms of one (1) year. The
		  Board shall hold at least one (1) meeting each year and 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.
1.5 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
			 the A.C.A.
			 25-19-101 et
			 seq. (Freedom of Information - Act 93 of 1967).
1.6 Records
Records of the Board shall be kept, maintained, and made
			 available for inspection in accordance with A.C.A.
			 25-19-101 et
			 seq.
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 functions. The Board may hire such personnel as
			 necessary to carry out its activities. The Chairperson, the Executive Director,
			 or other Board member shall be bonded to handle finances of the Board in
			 compliance with state regulations.
1.8 Forms and Instructions
All forms and instructions included in the application process
			 will be considered part of the rules and regulation of the Board.
1.9 Intent of the Act
It is intended that the provisions of A.C.A.
			 17-27-101 et
			 seq. be in accordance and consistent with other licensing laws.
2.0 DEFINITIONS AND CLARIFICATION
		  OF TERMS
2.1 Practice of Counseling
Unless specifically exempt by A.C.A.
			 17-27-103,
			 no person shall engage in the practice of counseling in the State of Arkansas
			 without a valid license issued by the Arkansas Board of Examiners in
			 Counseling.
2.2
		  Professional Ethics
The Board of Examiners in Counseling has adopted the
Code
			 of Ethics and Standards of Practice
of the American Counseling
			 Association effective July 1,1995 and any subsequent revisions approved by the
			 Governing Council of the American Counseling Association.
2.3 Persons holding a counseling
		  specialization are accountable to the ethical standards of the American
		  Counseling Association and the ethical standards of their
		  specialization's.
2.4 Principles,
		  Methods, and Procedures of Counseling
These terms and phrases are descriptive rather than limiting and
			 include those techniques and activities which are utilized in evaluating and/or
			 changing behavior plus other forms of counseling and consultative approaches
			 utilized in evaluating and/or changing the behavior of individuals, groups or
			 organizations.
(a) Counseling means
		  assisting individuals or groups, through the counseling/psychotherapy
		  relationship, to develop understanding of personal problems, define goals, and
		  plan action reflecting interests, abilities, aptitudes, and needs.
(b) 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.
(c)
		  Consulting means interpreting or reporting scientific fact or theory to provide
		  assistance in solving current or potential problems of individuals, groups, or
		  organizations.
(d) Referral
		  activities means die evaluating of data to identify problems and to determine
		  the advisability of referral to other specialists.
(e) Research activities means reporting,
		  designing, conducting, or consulting on research in counseling with human
		  subjects.
2.5 Categories
		  of Counselor Licensure
(a) 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 of the Arkansas Board of Examiners in Counseling; and
		  who offers to render counseling services to individuals, groups, organization,
		  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, with the exceptions of those professions listed in A.C.A.
		  17-27-103.
(b) Licensed Associate Counselor shall mean
		  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 the Rules and
		  Regulations of the Arkansas Board of Examiners in Counseling; 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 the definition shall be construed to include those professions
		  excluded by A.C.A.
		  17-27-103.
(c) Specialty Licenses will be issued to
		  Licensed Associate Counselors and Licensed Professional Counselors according to
		  provisions of 3.3 Rules and Regulations A.C.A.
		  17-27-301(c).
		  January 24, 1997
2.6
		  Qualified Supervision
(a) This phrase means
		  supervision by a Licensed Professional Counselor who holds a specialization in
		  supervision and whose license is valid (i.e., not suspended due to delinquent
		  registration) and who is otherwise in good standing. Specialization in
		  supervision is defined by the Standards for Counseling Supervisors as adopted
		  by the American Counseling Association, the Association for Counselor Education
		  and Supervision and the American Association of State Counseling
		  Boards.
(b) All Licensed Associate
		  Counselors must have a Board-approved supervision agreement prior to providing
		  any counseling services (See A.C.A.
		  17-27-302
		  ) The Licensed Associate Counselor must notify the Board immediately and in
		  writing of any proposed change in supervisors. The Licensed Associate Counselor
		  must obtain Board approval of any change in supervisors. Failure to maintain
		  active supervision will result in license suspension or revocation.
(c) Supervision acceptable to the Board shall
		  mean supervision by a Licensed Professional Counselor arranged by the candidate
		  and approved in writing by the Board.
2.7 Privileged Communication
This phrase 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.
(a) All such communications shall be subject
		  to Rule 502 Lawyer-Client Privilege, Article 5 of the Uniform Rules of
		  Evidence, as recorded in Court's Volume, Arkansas Code of 1987
		  Annotated
(b) In accordance with
		  A.C.A.
		  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." See A.C.A.
		  25-19-101 et
		  seq.
2.8 A Major Under
		  the Laws of Arkansas
A major is anyone who can legally enter into a contractual
			 relationship as defined by the laws of the state of Arkansas (18 years of
			 age).
2.9 Statement of
		  Professional Intent
The Statement of Professional Intent is a typed statement from
			 the applicant for licensure, on file with the Board, describing the intended
			 use of the license, the public with whom the applicant will work, and the
			 counseling approaches the applicant plans to use including techniques and
			 tools.
2.10 Relevant
		  Professional or Continued Education Experience
This Phrase shall mean documented training, workshops,
			 institutes, seminars, etc., primarily counseling in content and described in
			 Section 2.3 above. Professional and continuing education workshops must be
			 approved by the Board.
3.0
		  QUALIFICATIONS
3.1 Licensed
		  Associate Counselor
(a) Must be a
		  major.
(b) Must have received a
		  graduate degree which is primarily professional counseling in content from an
		  accredited institution. The graduate semester hours must meet the national
		  academic and training content standards adopted by the Board and the Council
		  for the Accreditation of Counseling and Related Educational Programs
		  (CACREP).
(c) Must demonstrate
		  professional competencies by passing written, oral, and/or situational
		  examinations as prescribed by the Board.
(d) Must arrange supervision and have same
		  approved in writing by the Board.
3.2 Licensed Professional Counselor
(a) Meet the requirements of 3.1, (a), (b)
		  and (c).
(b) Must provide evidence
		  of three years of supervised full-time experience in professional counseling
		  beyond the Master's Degree acceptable to the Board. One year of experience may
		  be gained for each thirty (30) semester hours of graduate work beyond the
		  Master's level, provided the hours are clearly counseling in nature and
		  acceptable to the Board. Hours earned may be substituted for no more than two
		  (2) years of supervised professional experience. The Board of Examiners in
		  Counseling does not waive any required period of supervised
		  experience.
3.3
		  Evaluation of Areas of Specialization
Areas of specialization, as specified in the statement of
			 professional intent, shall be evaluated by the Board. The Board will use the
			 national standards for the preparation of counselors, prepared by the specific
			 professional association, as a guide in establishing the standards, for all
			 specialization's in counseling, i.e., Marriage and Family Counseling,
			 Rehabilitation Counseling, Pastoral Counseling, Career Counseling, School
			 Counseling, Clinical Mental Health Counseling, Geriatric Counseling, Counseling
			 Supervision, Appraisal or other specified counseling areas.
4.0 OBTAINING A LICENSE:
		  APPLICATION
4.1 Application
Application, inquiries, and forms are to be obtained from and
			 returned to the Administrative Office of the Board.
4.2 Statement of Professional Intent
The Board will require a statement of professional intent The
			 statement must be a typed statement, from the applicant, describing intended
			 use of the license, the publics with whom the applicant will work and the
			 counseling approaches the applicant will use.
4.3 Transcripts
The applicant must have official transcripts sent from all
			 institutions where graduate credit was earned. If the transcript course titles
			 are ambiguous or do not adequately convey the pertinent content of the course,
			 clarifying documents may be requested.
4.4 Supervised Counseling
The applicant will submit a record of post-master's counseling
			 related work experience.
4.5 References
The applicant will submit a minimum of three (3) references, two
			 (2) from persons in a related professional area and one (1) non-academic
			 character reference, on Board approved forms. Current members of the Board or
			 relatives may not submit references for applicants.
4.6 Examination
The Board will administer written, oral, and/or situational
			 examinations.
4.7 Board
		  Decisions
An affirmative vote of a majority of those Board members present
			 and voting will be held as evidence that the applicant has qualified for each
			 step of the approval procedure:
(a)
		  Admission to the written examination will be based on a completed application
		  and official graduate transcripts showing evidence that all academic
		  requirements have been completed or that a student is in the final semester of
		  graduate work as documented by the institution in which they are currendy
		  enrolled.
(b) Admission to the oral
		  examinations will be based on evidence of a passing score on a written
		  examination approved by the Board.
(c) Granting of the license will be based on
		  a majority vote of Board members.
5.0 PRACTICE WITHOUT LICENSE
		  PROHIBITED
5.1 Rule of Procedure
When the Board is made aware of a violation, or possible
			 violation, of A.C.A.
			 17-27-104,
			 a certified or registered letter with return receipt, showing delivery to
			 addressee only, shall be mailed to the last known address of the person in
			 question. The letter will direct attention to pertinent aspects of the law and
			 the rules and regulations of the law. If this does not induce said person to
			 cease violation and to desist from practicing, holding himself/herself out to
			 practice, and/or use of tide, in violation, the information shall be forwarded
			 to the appropriate law enforcement authorities. This violation will be deemed a
			 Class "A" Misdemeanor. The violator upon conviction shall be punished by a fine
			 of not less than Five Hundred Dollars ($500.00) nor more than One Thousand
			 Dollars ($1000.00) and the violator may be imprisoned for a term not exceeding
			 one (1) year. Each violation and conviction shall be deemed a separate
			 offense.
6.0 EXAMINATION OF
		  APPLICANTS
6.1 Scheduling
		  Examinations
An applicant whose credentials meet the requirements of A.C.A.
			 17-27-301
			 will be scheduled for written, oral and situational examinations.
6.2 Written Examination
The Board will adopt a prepared standardized test covering the
			 specialized knowledge common to a variety of counseling competencies.
6.3 Oral and Situational
		  Examination (A.C.A.
		  17-27-303
		  )
(a) Oral exam - An oral examination will be
		  conducted upon receipt by the board of a passing score on the written
		  examination and Board evaluation of other screening documents and credentials.
		  The oral examination will include a review of the statement of intent from the
		  applicant as well as questions from the Board relative to the profession of
		  counseling.
(b) Situational exam -
		  A situational demonstration of counseling skills may be requested by the Board
		  in the form of live and/or video tapes. A consent and release statement signed
		  by each participant must accompany such recordings. The Board may utilize
		  Licensed Professional Counselors to review and advise regarding the
		  demonstration of skills.
(c)
		  Unresolved Questions - Should the board have questions of competence it may
		  require any
one
or all of the following:
1. Additional academic work.
2. Additional supervised
		  experience.
3. Additional
		  references or recommendations.
4.
		  Clarification of Statement of Intent.
5. Other evidence deemed necessary to satisfy
		  the Board as to the qualifications and/or fitness and competence of the
		  applicant to practice as a counselor.
6.4 Denial of License
If the Board votes to deny the license, the applicant will be so
			 notified by certified mail. Specific reasons for denial will be stated.
6.5 Examination Fee
Examination fees will be set annually based on a cost estimate
			 for the processing and conducting of all examinations, written, oral, and
			 situational.
7.0 RENEWAL
7.1 Expiration All licenses expire
		  biennially (A.C.A.
		  17-27-304
		  ) and on June 30 of the renewal year.
7.2 Fees
The biennial registration fee is due and payable by June 30 of
			 the renewal year. Checks should be made "payable to the Arkansas may establish
			 additional fees for processing and registering specialization's. The Board will
			 set all fees as needed to cover costs and adjust as necessary to pay Board
			 expenses.
7.3 Continued
		  Education
No license will be renewed without evidence of satisfactory
			 completion of a minimum of twenty-four (24) contact hours of continued
			 professional education and/or training in the twenty-four (24) months prior to
			 renewal and evidence of same on file with the Board. Continued education is
			 defined in Section 2.10 of the Rules and Regulations. Failure to document
			 satisfactory Continued Education will result in suspension as described in
			 Section 8.3. Two contact hours must be related to ethical and legal
			 issues.
7.4 Renewal Notice
Notices of renewal will be mailed by the Board staff on or about,
			 April 1, of the renewal year. Accompanying these notices will be forms for the
			 licensee to use for the documentation of Continued Education and other related
			 professional activities. Completion of such documentation by the licensee is a
			 requirement for renewal.
7.5 Deadline
By June 1 of the renewal year, documents verifying additional
			 qualifications earned or changes in status must be on file with the Secretary
			 of the Board.
7.6 Failure
		  to Pay Fee
Failure to pay the biennial fee within the time stated shall
			 automatically suspend the right of any licensee to practice while delinquent.
			 Such lapsed license may be renewed within a period of one (1) year by payment
			 of all fees in arrears. (A.C.A.
			 17-27-304
			 ) Failure to pay fees and renew license within one (1) year will necessitate
			 applying for the license as a new applicant.
8.0 SUSPENSION OR REVOCATION AND DENIAL OF
		  RENEWAL OF LICENSE:
POWER TO PETITION FOR INJUNCTIONS
8.1 Reasons
In accordance with A.C.A.
			 25-15-201 et.
			 seq. Administrative Procedures Act 434 of 1967, and subsequent revisions of
			 that Act, the Board may suspend, revoke, or deny renewal of any license if the
			 Board finds that the holder there of:
(a) Has been found guilty of violating any
		  ethical or professional standard A.C.A.
		  17-27-306
		  under which the license holder practices.
(b) Has not paid biennial renewal fee within
		  the time stated.
(c) Has not
		  satisfied the Board, by June 30 of the renewal year, with evidence of the
		  completion of relevant professional or continued education experience (A.C.A.
		  17-27-304
		  ).
(d) Has been found to be
		  incompetent, has misused the license, or has been negligent in the rendering of
		  counseling service as defined in section 2 of the Board's Rules and
		  Regulation
(e) Has been convicted
		  of a felony.
(f) Has failed to
		  follow any special directions of the Board
8.2 Board Error
If the Board finds that it has erred in the granting of a
			 license, the Board will give written notice of intent to annul the license. The
			 notice will allow the applicant the opportunity to meet the requirements of
			 licensure within thirty (30) days.
8.3 Period of Suspension
A period of suspension shall not exceed six (6) months. During
			 the period of suspension, the licensee shall not practice counseling in the
			 state of Arkansas. At the conclusion of the period of suspension, an individual
			 may petition the Board for reinstatement. Failure to meet any requirements of
			 the Board during the period of suspension may result in revocation of the
			 license.
8.4 Power to
		  Petition for Injunction
The Board, or any member thereof, or any citizen of the state of
			 Arkansas, may petition for court proceedings to prohibit the unlawful practice
			 of counseling and/or false representation as a licensed counselor.
8.5 Adjudication
Any applicant or licensee who has been aggrieved by an action of
			 the Board shall be entitled to the provisions under A.C.A.
			 25-15-201 et
			 seq.
9.0 LICENSING UNDER
		  SPECIAL CONDITIONS: RECIPROCITY
9.1
		  Reciprocity (A.C.A.
		  17-27-305
If a candidate is licensed or certified to practice counseling by
			 a similar board in another state, the Arkansas Board may, at its discretion,
			 waive the formal examination requirements of a candidate provided the Arkansas
			 Board accepts the standards and qualifications required for the practice of
			 counseling in the candidate's licensing state as equal to those required by
			 A.C.A.
			 17-27-301
			 or
			 17-27-302.
9.2 Waiver of Examination
The Board has the power to waive formal examination requirements
			 only and does not have the power to waive any required period of supervision.
			 A.C.A.
			 17-27-305(b)