122.00.00 Ark. Code R. 001
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.
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.
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.
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.
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.
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).
Records of the Board shall be kept, maintained, and made available for inspection in accordance with A.C.A. 25-19-101 et seq.
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.
All forms and instructions included in the application process will be considered part of the rules and regulation of the Board.
It is intended that the provisions of A.C.A. 17-27-101 et seq. be in accordance and consistent with other licensing laws.
These terms are descriptive rather than limiting and include those techniques, which are utilized in evaluating and/or changing behavior; evaluating, diagnosing, and treating mental disorders in accordance withthe diagnostic and statistical manual of the American Psychiatric Association.
This phrase is descriptive rather than limiting and includes such activities as follows, plus, other forms of counseling and consultative approaches.
Terms A through E are descriptive rather than limiting and include those techniques which are utilized in evaluating, diagnosing and treating mental disorders in accordance with the diagnostic and statistical manual of the American Psychiatric Association.
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 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).
This refers to 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/psychotherapy and appraisal approaches the applicant plans to use (including techniques and tools).
This phrase shall mean documented training, workshops, institutes, seminars, etc., primarily counseling in content and described in Section 2A.3 above. The Board must approve Professional and continuing education workshops.
These terms are descriptive rather than limiting and include those techniques that are utilized in evaluating and/or changing behavior; evaluating, diagnosing, and treating mental disorders in accordance with the diagnostic and statistical manual of the American Psychiatric Association.
This phrase is descriptive rather than limiting and includes such activities as follows, plus, other forms of MFT consultative approaches.
This phrase shall mean any communication between client and therapist 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 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).
This refers to 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 therapy approaches the applicant plans to use (including techniques and tools).
This phrase shall mean documented training, workshops, institutes, seminars, etc., primarily marriage and family therapy in content and described in Section 2B.3 above. The Board must approve Professional and continuing education workshops.
clergy - clarification of 17-27-103 Exemptions (b)(3)
Clergy appointed and/or endorsed to practice pastoral counseling as long as they are operating in a role within the congregation or synagogue or ministry assignment (such as Pastor, Associate Minister, Staff member, Institutional Chaplain, etc.) and are serving members of that assignment be exempt from licensure requirements. The same status should be granted to an institutional chaplain (military, hospital, industrial). Any minister, clergy or pastoral counselor who has a private practice, offers services to persons outside membership of their assignment or accepts fees, (from any source, such as third party payments, clients, donations, etc.), or from people outside their congregations, church, synagogue, or immediate work (such as chaplaincy) or offers counseling services to the public, will be licensed. This includes part-time, private practice provided in addition to or beyond the documented assigned, ministry work as pastor, chaplain, etc.
Clergy who are credentialed as member, fellow, or diplomate by the American Association of Pastoral Counselors (AAPC) or other Board-approved credentialing organizations will be accepted as meeting the Board definition of equivalent training for Licensed Associate or Professional Counselor/Therapist.
Upon completion of the application process, providing a passing score on one of the written examinations (National Counseling Examination, Marriage and Family Therapy Examination, Pastoral Counselor Examination or equivalent), passing the situational and oral exams, clergy applicants with appropriate documented experience will be granted the Licensed Counselor/Therapist license with the specialty license as pastoral counselor/therapist.
The Board, as specified in the statement of professional intent, shall evaluate areas of specialization. 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 counseling; i.e., Rehabilitation Counseling, Pastoral Counseling, Career Counseling, School Counseling, Clinical Mental Health Counseling/Psychotherapy, Geriatric Counseling, Counseling Supervision, School Psychologist, Drug & Alcohol, Addictions, Appraisal or other specified counseling areas.
The Board of Examiners in Counseling does not have the power to waive any required period of supervised experience.
Application, inquiries, and forms are to be obtained from and returned to the Administrative Office of the Board.
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 and/or marriage and family therapy approaches the applicant will use. Appraisal tools and/or techniques must be included.
The applicant must have OFFICIAL TRANSCRIPTS sent from institutions where 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. Course grades of C or below will not be accepted.
The applicant will submit a record of post-Master's counseling and/or marriage and family therapy related work experience for Board approval. The approved experience will determine the applicants license (Associate or Licensed) level.
The applicant will submit a minimum of three references on Board approved forms. Current members of the Board or relatives of applicants may not submit references.
An applicant must successfully pass written, oral, and situational examinations.
An affirmative vote of a majority of those Board members present and voting will be held as evidence that the applicant has qualified for the next steps in the procedure:
When the Board is made aware of a violation, or possible violation, of section 15 of A.C.A. 17-27-101et seq., 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 from practicing, holding himself/Therself out to practice, and/or use of title, in violation, the information shall be forwarded to the appropriate law enforcement authorities in accordance with the Administrative Procedure Act 434. 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) nor more than One Thousand Dollars ($1,000) and the violator may be imprisoned for a term not exceeding one (1) year. Each violation and conviction shall be deemed a separate offense.
An applicant, whose credentials meet the requirements of Section 8 of A.C.A. 17-27-101 et seq., will be scheduled for written, oral and situational examinations.
The Board will adopt a prepared standardized test covering the specialized knowledge common to each license. The Board may contract with test design specialists to prepare and provide materials for such testing and to revise the examination as deemed necessary. Subtests in specialty skill areas may be a part of the updating. A score determined by the Board to be at a satisfactory level will qualify the applicant for the oral and situational examinations.
If the Board votes to deny the license, the applicant will be so notified by certified mail. Specific reasons for denial will be stated.
An examination fee will be set annually based on a cost estimate for the processing and conducting of all examinations, written, oral, and situational.
All licenses expire biennially (Section 12, A.C.A. 17-27-101 et. seq.) and on June 30 of the renewal year.
The biennial license renewal fee is due and payable by June 30 of the renewal year. Checks should be made payable to the Arkansas Board of Examiners in Counseling. The Board will establish and determine appropriate fees and adjust according to operational expenses.
No license will be renewed without evidence of satisfactory completion of a minimum of 24 contact hours of continued professional education and/or training in the 24 months prior to renewal and evidence of same on file with the Board. Continued education is defined in Section 2A.9 and 2B.9 of the Rules and Regulations. Failure to document satisfactory Continued Education will result in suspension as described in Section 8.3
Notices of renewal will be mailed by the Secretary of the Board, 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 mandate of the law for renewal.
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.
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. Failure to pay fees and renew license within one year will necessitate applying for the license as a new applicant. The Board may require an appearance before the Board to explain the failure to meet renewal deadlines.
In accordance with A.C.A. 25-15-201 et. seq. Administration Procedures Act 434 of 1967, and subsequent revisions of that Act, the Board will suspend, revoke, or deny renewal of any license if the Board finds that the holder thereof:
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 30 days.
A period of suspension shall not exceed six (6) months. During the period of suspension, the licensee shall not practice counseling/therapy 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.
The Board, or any member thereof, or any citizen of the state of Arkansas, may petition for court proceeding to prohibit the unlawful practice of counseling/therapy and/ or false representation as a licensed counselor/therapist.
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.
The Board has the power to waive formal examination requirements only and does not have the power to waive any required period of supervision as provided in A.C.A. 17-24-101 et seq.
The Board shall issue a Marriage and Family Therapist license to each applicant who files an application in such manner as the Board prescribes, accompanied by a fee as set by the Board, and who furnishes satisfactory evidence of the following to the Board:
The Board will accept a master's degree in marriage and family therapy, mental health, behavioral science or counseling related fields, with at least 36 hours of graduate credit from a regionally accredited college or university. Training must include course work or 50 continuing education hours in each of the following:
AND
TRACK 1: The applicant has active clinical membership in the American Association of Marriage and Family Therapy.
OR
TRACK 2: The applicant has active certification in the National Academy of Certified Family Therapists (NACFT). Certification under NACFT Options 1,2, and 3 allows the application to be processed for Licensed Marriage and Family Therapist. Certification under NACFT Options 4 and 5 allow the application to be processed for the Licensed Associate Marriage and Family Therapist. Section 4 A.C.A. 17-27-301(5) & 17-27-302(a)
OR
TRACK 3: The applicant has met certification/Licensure by an appropriate professional organization as defined by the Board.
OR
TRACK 4: The applicant has five years, post-masters, Board approved clinical experience in marriage and family therapy. The applicant must have documentation, acceptable to the Board, of the experience by two licensed professionals.
122.00.00 Ark. Code R. 001