Arkansas Administrative Code › Agency 122 - Board of Examiners in Counseling › Rule 122.00.98-001 - 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
			 through 104. (An Act to amend Arkansas Act 593 to provide for the licensure and
			 regulation of Marriage and Family Therapists, now numbered Act 2 44 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.CA
			 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 supevisors, (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 population 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 mainer, and serve as culturally-aware
			 role models for professional behavior. Professionals at the degree level of EdD
			 or PhD 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 '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.
Supennsors are defined as individuals who hold a state
			 appointment as a Supevisor 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 Supervisor 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.
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,
			 which ever standard is the more stringent.
All persons licensed by the Board are 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
The Board is charged by law with the responsibility 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.
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.