Arkansas Administrative Code › Agency 122 - Board of Examiners in Counseling › Rule 122.00.00-001 - Revisions to the Rules and Regulations for Act 593 or 1979 and Act 244 of 1997 - definition to clarify language and correction of error on page 10

Current through Register Vol. 49, No. 6, June, 2024
RULES AND REGULATIONS
ACT 593 AMENDED BY ACT 244 OF 1997
Preface
The Arkansas Board of Examiners in Counseling interprets the
			 intent of the Legislature, which passed as A.C.A.
			 17-27-101
			 through 104. (An Act to amend Arkansas Act 593 to provide for the licensure and
			 regulation of Marriage and Family Therapists, now numbered Act 244 of 1997) and
			 the Governor who signed it into law to be for 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 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, 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). 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.
Practicing counselors are defined, by the American Counseling
			 Association, as 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 educators are defined, in accordance with the American
			 Counseling Association's (ACA) 1995 Code of Ethics and Standards of Practice,
			 as 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. Counselors 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. Professionals at the degree level of E.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 who is a counselor educator retired from in a higher
			 education institution in Arkansas. Adjunct lecturers in higher education who
			 teach counseling courses are considered practicing counselors by profession and
			 teach part time for various reasons at universities. They are eligible for
			 board service under the practicing counselor category. Section 4 of Act 593 of
			 1979 and Section 3c,d of Act 244 of 1997 mandate the American Counseling
			 Association Code of Ethics be adopted for Board use.
Supervisors are defined as individuals who hold 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 hold 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.
Licensed or Licensable persons are defined as
			 persons who hold the license and are in good standing with the Board and
			 persons who have filed an application and are in the process of becoming
			 licensed. The individuals in process but fail the examinations or fingerprint
			 check are not considered licensable.
1.2
Vacancies
(a) Expired Terms. No later than November 1,
		  of each year, the Executive Committee of the Arkansas Counseling Association
		  (ArCA) and the Board of Directors of the Arkansas Association for Marriage and
		  Family Therapy (ArAMFT), as appropriate, shall submit a list of 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 days of such vacancy, by the Executive Committee of the
		  Arkansas Counseling Association or the Board of Directors of the Arkansas
		  Association for Marriage and Family Therapists, as appropriate.
1.3
Professional
		  Ethics
The Board of Examiners in Counseling has adopted the Code of
			 Ethics of the American Counseling Association for all Licensed Associate
			 Counselors and Licensed Professional Counselors. See appendix A. The Board of
			 Examiners in Counseling has adopted the Code of Ethics of the American
			 Association for Marriage and Family Therapists for all Licensed Associate
			 Marriage and Family Therapists and Licensed Marriage and Family
			 Therapists.
Persons holding a counseling specialization or a dual license are
			 accountable to the ethical standards of each specialization or license held,
			 whichever standard is the more stringent.
All persons licensed by the Board aTe prohibited from sexual
			 contact with clients and former clients for a period of two (2) years
			 subsequent to termination of the counselor-client relationship, or for a period
			 of time specified within the code of ethics, if it exceeds two years.
1.4
Purpose of
		  Organization
Law charges the board with the responcibility for the regualtion
			 of the titles end 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.
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 such other
			 officers, as it deems necessary from its members to serve for terms of one
			 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 he held
			 at the discretion of the chair or upon written request of any three (3) members
			 of the Board.
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
			 A.C.A.
			 25-19-101 at
			 seq.
(Freedom of Information Act 93 of 1967).
1.7
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.
1.8
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 other Board member shall be bonded to handle finances of the Board in
			 compliance with state regulations.
1.9
Forms and Instructions
All forms and instructions included in the application process
			 will be considered part of the rules and regulation of the Board.
1.10
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.