122.00.11 Ark. Code R. 001
ARKANSAS CODE ANNOTATED § 17-27-101 et seq Act 593 or 1979 and Act 244 of 1997
The Rules are adopted pursuant to Arkansas Code Annotated § 17-27-101 -313 et seq.
Preface
The Arkansas Board of Examiners in Counseling interprets the intent of the Legislature, passed as Arkansas Code Annotated § 17-27-101 -104 et esq., to provide for the licensure and regulation of Counselors and Marriage and Family Therapists. The Act is both title and practice. The Governor, who signed it into law in 1979, and the Board interprets Act 593 of 1979, as amended by Act 244 of 1997, to be for the protection of the public welfare and in the public interest.
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 shall, at all times, apply the provisions of Arkansas Code Annotated § 17-27-101, et seq and the Rules 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 and 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) 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)(1)(e)(1)
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)
Board members shall be ineligible for reappointment for a period of three (3) years following completion of each full, three (3) year term.
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 § 25-19-101 et seq).
In accordance with Arkansas Code Annotated § 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."
Individual files, not required to be kept for historical purposes (Act 918 of 2005- An Act Concerning the Retention of Public Records by State Agencies),will be destroyed after five years. Examples are: incomplete application files, non renewed licensee files, and files of deceased persons. If any form of disciplinary action was recorded for any licensee or applicant, the files will be kept permanently and never destroyed. If persons who no longer hold a license or failed to be granted a license have a file in the "DO NOT DESTROY" files and apply for a license, the old file will be combined with the new application for Board review.
Informafion for public guidance will follow Arkansas Code Annotated§ 25-19-108 of the Arkansas Freedom of Information Act for public distribution.
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.
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.
Law charges the Board with the responsibility 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 practices/activities of Counseling or Marriage and Family Therapy to individuals or groups in Arkansas must hold an Arkansas license for whatever method the services are offered, rendered or delivered. 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 and Arkansas license. See Section XII for the ethics, definitions and standards.
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 the whether he or she is located in-state or out of state.
If the Counselor/Psychotherapist or Marriage and Family Therapist is 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.
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 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 Board (Arkansas Code Annotated§ 17-27-202 et seq).
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 Arkansas Code Annotated § 25-19-101 et seq. (Freedom of Information Act).
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 to comply with Arkansas Code Annotated § 26-179-1059(c) (5) (b). Executive session may be applied in accordance with Arkansas Code Annotated § 25-19-106(a) (c) (1) and (5) (A) (B).
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, and deposited in the State Treasury to the credit of the Board via electronic transfer from the chosen financial institution. (A.C.A. Code 17-27-310(C)(1) 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 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 in triplicate and dated. Receipt numbers are to be certified by notarized letter from place of purchase.
It is intended that the provisions of Arkansas Code Annotated § 17-27-101 et seq be in accordance and consistent with other licensing laws.
"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.
"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 deflnitions of mental health activities in counseling textbooks
"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.
"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.
"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.
"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.
"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.
"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.
"Referral activities" means the evaluating of data to identify problems and to determine the advisability of referral to other specialists.
"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.
"Research activities" means reporting, designing, conducting, or consulting on research in counseling with human subjects.
"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).
"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 (LAMFT) by an individual licensed as a LMFT supervisor.
"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.
"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.
"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.
"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.
"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 Counseling Board. Individuals who have an application in process but fail the examinations or fingerprint check are not considered licensable.
"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 (1)(h)(i)(j) 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 none traditional methods of presentation.
"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.
"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.
"Group Counseling or Group Marriage and Family Therapy" means two or more persons meeting with the Counselor or Marriage and Family Therapist.
"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 delivers of services. See section XII for the Technology-Assisted Distance Counseling definitions.
"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.
"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.
"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
Individuals who offer volunteer pastoral, marriage and family therapy or counseling services are exempt from licensure requirements as long as their services are authorized and supervised by the local congregation/church, synagogue, denominational institution, agency, or organization for which the service is rendered. Volunteers must abide by the same requirements as the authorizing congregation/church, synagogue, denominational institution, agency or organization.
In order to be eligible as a Licensed Associate Counselor, an applicant:
In order to be eligible as a Licensed Professional Counselor, an applicant:
THERAPIST (LAMFT)
In order to be eligible as a Licensed Associate Marriage and Family Therapist, an applicant:
In order to be eligible as a Licensed Marriage and Family Therapist, an applicant:
Supervision, Drug & Alcohol, Addictions, Appraisal, Art, Music, Mediation, Technology-assisted Counseling or Marriage and Family Therapy, Technology-assisted Supervision, Traditional Supervision, Recreation Therapeutic Counseling, Applied Behavior Analysts or other specified counseling areas. If no national standards are available, the Board will adopt the highest Arkansas standards available.
Appraisal and Supervision (Request application materials from) Arkansas Board of Examiners in Counseling P.O. Box 70 Magnolia, AR71754-0070 Phone: (870) 901-7055 | Hypnotherapy (Request application materials from) National Board for Certified Clinical Hypnotherapists (NBCCH) 8750 Georgia Ave., Suite 142-E Silver Spring, Maryland20910 Phone: (301) 608-0123 or (800) 449-8144 |
Rehabilitation (Request application materials from) Commission on Rehabilitation Counselor Certification (CRCC) 1835 Rohlwing Rd., Suite E Rolling Meadows, Illinois60008 Phone: (708) 394-2104 | Drug & Alcohol (Request application materials from) Arkansas Substance Abuse Certification Board (ASACB) UALR-Midsouth 2801 South University Ave. Little Rock, AR72204-1099 Phone: (501) 569-3073 |
Pastoral (Request application materials from) American Association of Pastoral Counselors (AAPC) 9504 A Lee Highway Fairfax, Virginia22031-2303 Phone: (703) 385-6967 | Play Therapy (Request application materials from) Association for Play Therapy 2050 N. Winery Ave., #101 Fresno, CA93703 Phone: (559) 252-2278 info@a4pt.org |
Association for Clinical Pastoral Education, Inc. 1549 Clairmont Road, Suite, 103 Decator, GA30033 Email: acpe@acpe.edu | Technology -assisted Specialization Comply with Rule Section 3.5, (9), (A-F) page 14, and Section XII pages 45 through 50 |
Dance Therapy (Request application materials from) American Dance Therapy Association (ADTA) 2000 Century Plaza, Suite 108 10632 Little Patuxent Parkway Columbia, Maryland 21044 | |
Art Therapy, Career, School Counseling, Addictions, Gerontological, Coaching, Clinical Mental Health Counseling/Psychotherpy (Request applications from} | Mediation |
National Board for Certified Counselors (NBCC) 3 Terrace Way, Suite D Greensboro, NC 27403-3660 Phone: (336) 547-0607 | Arkansas Alternative Dispute Resolution Commission (Request application materials from) Arkansas Alternative Dispute Resolution Commission 625 Marshall Street Little Rock, AR72201 Phone: (501)682-9400 |
Recreation Therapeutic Counselor (Request application materials from) National Council for Therapeutic Recreation Certification (NCTRC) 7 Elmwood Drive New City, New York10956 Phone: (845) 639-1439 | Applied Behavior Analysts Request application materials from National Applied Behavior Analyst |
OR
Examination (Praxis II) Code 0400 from Educational Testing Service (ETS) required for (A) or (B).
apply for the Technology-assisted Distance Counseling or Marriage Family Therapy specialization license and submit documentation of training for approval by the Board. As training sources are developed, the responsibility for seeking Board endorsement for the training rests with the provider of the training. The provider must submit a written request with materials documenting the training content for Board review and approval prior to endorsement of the training.
When the information (j) (k) (1-8) is received, reviewed, and approved by the Board, the administrative office staff may use the information to review current and future transcripts from graduates of the endorsed institution. The institution has the responsibility to keep the syllabi and other university materials current to expedite any applications received from graduates of the institution. The institution has the responsibility to ensure that all courses meet the requirements set forth in the Rules/Regulations.
Group Supervision may not exceed fifty percent of the total 3000 client contact hours for LACs. LAMFTs must have a minimum of fifty percent of the 3000 client contact hours in family/group sessions.
Client Contact Hours (CCH) means clock hours of the group sessions. Group sessions reported are the clock hours of the sessions, not the clock time multiplied by the number of persons in the group.
Indirect Service hours applied to supervised experience may not exceed 200 CCH in Phase I, 300 CCH in Phase II, and 300 CCH in Phase III.
Hours spent conducting Psycho-educational groups (whether inpatient/outpatient or at other locations) may not be credited as therapy/counseling for the required supervised work.
A LAC/LAMFT may acquire the required 1000 CCH hours in direct and indirect services with the minimum of 25 hours of supervision in the required ratio of one hour of supervision for each 40 hours of CCH. The indirect service hours may not exceed 300 CCH of the total 1000 CCH.
OR
The LAC/LAMFT may choose to take the NCMHCE option:
The National Clinical Mental Health Counseling Examination (NCMHCE) option is available for the Licensed Associate Counselor (LAC) and the Licensed Associate Marriage and Family Therapist (LAMT) who petitions for the Licensed Professional Counselor (LPC) or the Licensed Marriage and Family (LMFT) license upon completion of the required supervised Client Contact Hours (CCH) as a Licensed Associate Counselor (LAC) or Licensed Associate Marriage and Family Therapist (LAMFT).
Post-master's course work may be applied toward supervised experience in accordance with the rules and regulations governing both Licensed Professional Counselors and Licensed Marriage and Family Therapists. The Board may accept thirty (30) hours of acceptable graduate coursework with the exception of Section 4.1 (j).
AND SUPERVISION EVALUATION
The Statement of Intent (Scope of Practice) to practice must be machine produced, either by word processing or typing, signed and dated on each page. The statement must be consistent with the credentials documented in the application for licensure and include a satisfactory response to all items on the Statement of Intent (Scope of Practice) form.
The applicant (licensed in another state or with an Arkansas state agency) will submit a record of post-master's supervised counseling work related experience and/or Marriage and Family Therapy work related experience for Board approval. The approved experience will determine the applicant's license (Associate or Professional) level.
An affirmative vote of a majority of those Board members present and voting will be held as evidence that the applicant:
ORGANIZATIONS AND BOARDS
Applications from individuals who are under investigation, sanction, probation, disciplinary supervision, revocation, or rehabilitation by counseling, psychology, social work, or other related Boards or credentialing bodies will not be considered for an Arkansas license until documentation from the issuing body is received that the sanctions are removed or completed. Applications from individuals who have violations of Arkansas Code Annotated § 17-27-313 and are pardoned by the Governor are not exempt from the requirements of Arkansas Code Annotated § 17-27-313.
Individuals applying for a supervision specialization license or a technology-assisted specialization license must have an oral examination with the full Board.
All licenses expire biennially on June 30 of the renewal year. Licensing dates and payment of fees will be set to conform to the State's fiscal year, July 1 through June 30.
Renewals from individuals who are under investigation, sanction, probation, disciplinary supervision, revocation, or rehabilitation by counseling, marriage and family therapy, psychology, social work, or other related Boards or credentialing bodies will not be considered for an Arkansas license renewal until documentation from the issuing body is received that the sanctions are removed or completed.
Applications from individuals who have violations of Arkansas Code Annotated § 17-27-313 and are pardoned by the Governor are not exempt from the requirements of Arkansas Code Annotated § 17-27-313.
The Arkansas Administrative Procedure Act (APA) provides the basic framework for the conducting of adjudicative hearings. Using the APA as a framework, these rules provide detailed procedures for hearings.
These rules apply in all administrative adjudications conducted by the Counseling Board. These procedures are developed to provide a process by which the agency formulates orders (for example, an order to suspend or revoke a license to practice or to impose civil penalties).
The Board Chairman shall preside at the hearing or may designate one or more members of the Counseling Board or one or more examiners, referees, or hearing officers to preside at a hearing.
If there are separate matters that involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy, and inexpensive resolution of the proceedings, and would not unduly prejudice the rights of a party.
If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring that an absent person be notified of the proceeding and be given an opportunity to be joined as a party of record.
Unless the presiding officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party's representative at the last address of record.
A statement of the time, place, and nature of the hearing;
A statement of the legal authority and jurisdiction under which the
hearing is to be held; and
A short and plain statement of the matters of fact and law asserted.
All requests for relief will be made by motion. Motions must be in writing or made on the record during a hearing. A motion must fully state the action requested and the grounds relied upon. The original written motion will be filed with the agency. When time allows, the other parties may, within seven (7) days of the service of the written motion, file a response in opposition. The presiding officer may conduct such proceedings and enter such orders as are deemed necessary to address issues raised by the motion. However, a presiding officer, other than the Counseling Board, will not enter a dispositive order unless expressly authorized in writing to do so.
A respondent may file an answer no later than ten (10) days before the scheduled hearing.
The Board Chairman may grant a continuance of hearing for good cause shown. Requests for continuances will be made in writing. The request must state the grounds to be considered and be made as soon as practicable and, except in cases of emergencies, no later then five (5) days prior to the date noticed for the hearing. In determining whether to grant a continuance, the Board Chairman may consider:
The Board Chairman may require documentation of any grounds for continuance.
The presiding officer will conduct the hearing in the following manner:
and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law.
decision based on stipulated facts.
in the hearing notice, unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. If the presiding officer decides to admit evidence outside the scope of the notice, over the objection of a party who did not have actual notice of those issues, that party, upon timely request, will receive a continuance sufficient to prepare for the additional issue and to permit amendment of pleadings.
If a party fails to appear or participate in an administrative adjudication after proper service of notice, the agency may proceed with the hearing and render a decision in the absence of the party.
the attendance of witnesses at the hearing. The requesting party shall specify whether the witness is also requested to bring documents and reasonably identify said documents.
process or by any person who is not a party and who is eighteen (18) years of age or older. Delivering a copy to the person named in the subpoena shall make service. Proof of service may be made by affidavit of the person making service. The party seeking the subpoena shall have the burden of obtaining service of the process and shall be charged with the responsibility of tendering appropriate mileage fees and witness fees pursuant to Rule 45, Arkansas Rules of Civil Procedure. The witness must be served at least two days prior to the hearing. For good cause, the agency may authorize the subpoena to be served less than two days before the hearing.
agency and shall state the grounds relied upon.
The responsibility to record the testimony heard at a hearing is borne by the agency. Upon the filing of a petition for judicial review, the agency will provide a verbatim transcript of testimony taken before the agency. If requested under FOI, copies of the transcript will be provided at a cost per page.
In addition to any other considerations permitted by Arkansas Code Annotated § 17-27-101 et seq. if applicable, the agency in imposing any sanction may consider the following:
The agency will serve on the respondent a written order that reflects the action taken by the agency. The order will include a recitation of facts found based on testimony and other evidence presented and reasonable inferences derived from the evidence pertinent to the issues of the case. It will also state conclusion of law and directives or other disposition entered against or in favor of the respondent.
In addition, the Board may after a hearing, impose upon a person over whom the Board has jurisdiction the Alternative Sanctions provided by ACA 25-15-217 which include a civil penalty not to exceed $500.00 per violation.
REQUIREMENT TO KEEP CURRENT ADDRESSES ON FILE (e)All persons holding a license issued by this Board are required to provide the Board with information so that the Board can remain in contact and provide notice of complaints and/or hearings. The licensee holder is required to provide written notice to the Board of any change in business and/or residence within ten (10) working days of the change. Service of notices of hearing sent by mail will be addressed to the latest address on file with the Board.
The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the agency's determination to accept the proffered surrender, rather than conducting a formal disciplinary proceeding.
In every case in which a professional's license is revoked, suspended, or revocation, suspension, or surrender, do the following:
No reciprocity agreement exits between other states or other Arkansas agencies.
Applicants from other states or Arkansas agencies must apply and complete the formal application process prior to license issue. The following apply to the process:
Specialization License. Technology- Assisted Distance Supervision may not exceed fifty percent in any one phase.
inpatient/outpatient or at other locations) may not be credited as Counseling or Marriage and Family Therapy to reduce the required direct or indirect post master's supervised work.
in private practice or in an agency or institution that meet Board adopted supervision
criteria.
American Association of Pastoral Counselors (AAPC), Association for Clinical Pastoral Education (ACPE) or other Board-approved credentialing organizations will be accepted as meeting the Board definition of equivalent training for Licensed Associate or Professional Counselor or Marriage and Family Therapist
The client of persons licensed by this Board has a privilege to refuse to disclose and to prevent any other person from disclosing his medical records or confidential communications made for the purpose of diagnosis or treatment of his physical, mental or emotional condition, including alcohol or drug addiction, among himself, the licensee, and persons who are participating in the diagnosis or treatment under the direction of the licensee, including members of the client's family. See Rules 501, 502 and 503, Arkansas Rules of Evidence. The licensee is presumed to have authority to claim the privilege on behalf of the patient. The privilege is subject to the exceptions listed in Rule 503(d). The following communications are not protected by the privilege:
client are not privileged.
The Board adopts the National Board for Certified Counselors (NBCC) document titled The Practice of Internet Counseling, published in 2005. The NBCC document is adopted as part of Arkansas Rules to further extend and clarify Technology-Assisted Distance Counseling Ethics, Definitions and Standards for Counselors and Marriage and Family Therapist licensed in the state of Arkansas. The adoption of the document is to support and extend the American Counseling Code of Ethics, 2005 edition for the practice of Internet Counseling.
COPIED FROM WWW.NBCC.ORG
THE PRACTICE OF INTERNET COUNSELING
This document contains a statement of principles for guiding the evolving practice of Internet counseling. In
order to provide a context for these principles, the following definition of Internet counseling, which is one
element of technology-assisted distance counseling, is provided. The Internet counseling standards follow the
definitions presented below.
A Taxonomy for Defining Face-To-Face and Technology-Assisted Distance Counseling
The delivery of technology-assisted distance counseling continues to grow and evolve. Technology assistance in the form of computer-assisted assessment, computer-assisted information systems, and telephone counseling has been available and widely used for some time. The rapid development and use of the Internet to deliver information and foster communication has resulted in the creation of new forms of counseling. Developments have occurred so rapidly that it is difficult to communicate a common understanding of these new forms of
counseling practice.
The purpose of this document is to create standard definitions of technology-assisted distance counseling that can be easily updated in response to evolutions in technology and practice. A definition of traditional face-to-face counseling is also presented to show similarities and differences with respect to various applications of technology in counseling. A taxonomy of forms of counseling is also presented to further clarify how technology relates to counseling practice.
Nature of Counseling
Counseling 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.
Depending on the needs of the client and the availability of services, counseling may range from a few brief interactions in a short period of time, to numerous interactions over an extended period of time. Brief interventions, such as classroom discussions, workshop presentations, or assistance in using assessment, information, or instructional resources, may be sufficient to meet individual needs. Or, these brief interventions may lead to longer-term counseling interventions for individuals with more substantial needs. Counseling may be delivered by a single counselor, two counselors working collaboratively, or a single counselor with brief assistance from another counselor who has specialized expertise that is needed by the client.
Forms of Counseling
Counseling can be delivered in a variety of forms that share the definition presented above. Forms of counseling differ with respect to participants, delivery location, communication medium, and interaction process. Counseling participants can be individuals, couples, or groups. The location for counseling delivery can be face-to-face or at a distance with the assistance of technology. The communication medium for counseling can be what is read from text, what is heard from audio, or what is seen and heard in person or from video. The interaction process for counseling can be synchronous or asynchronous. Synchronous interaction occurs with little or no gap in time between the responses of the counselor and the client. Asynchronous interaction occurs with a gap in time between the responses of the counselor and the client.
The selection of a specific form of counseling is based on the needs and preferences of the client within the range of services available. Distance counseling supplements face-to-face counseling by providing increased access to counseling on the basis of necessity or convenience. Barriers, such as being a long distance from counseling services, geographic separation of a couple, or limited physical mobility as a result of having a disability, can make it necessary to provide counseling at a distance. Options, such as scheduling counseling sessions outside of traditional service delivery hours or delivering counseling services at a place of residence or employment, can make it more convenient to provide counseling at a distance.
A Taxonomy of Forms of Counseling Practice. Table 1 presents a taxonomy of currently available forms of counseling practice. This schema is intended to show the relationships among counseling forms.
Table 1
A Taxonomy of Face-To-Face and Technology-Assisted Distance Counseling
Counseling
* Face-To-Face Counseling
o Individual Counseling
o Couple Counseling o Group Counseling
*Technology-Assisted Distance Counseling
o Telecounseling
*Telephone-Based Individual Counseling
*Telephone-Based Couple Counseling
*Telephone-Based Group Counseling
o Internet Counseling
*E-Mail-Based Individual Counseling
* Chat-Based Individual Counseling
* Chat-Based Couple Counseling
* Chat-Based Group Counseling
* Video-Based Individual Counseling
* Video-Based Couple Counseling
* Video-Based Group Counseling
Definitions
Counseling 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.
Face-to-face counseling for individuals, couples, and groups involves synchronous interaction between and among counselors and clients using what is seen and heard in person to communicate.
Technology-assisted distance counseling for individuals, couples, and groups involves the use of the telephone or the computer to enable counselors and clients to communicate at a distance when circumstances make this approach necessary or convenient.
Telecounseling involves synchronous distance interaction among counselors and clients using one-to-one or conferencing features of the telephone to communicate.
Telephone-based individual counseling involves synchronous distance interaction between a counselor and a client using what is heard via audio to communicate.
Telephone-based couple counseling involves synchronous distance interaction among a counselor or counselors and a couple using what is heard via audio to communicate.
Telephone-based group counseling involves synchronous distance interaction among counselors and clients
using what is heard via audio to communicate.
Internet counseling involves asynchronous and synchronous distance interaction among counselors and clients using e-mail, chat, and videoconferencing features of the Internet to communicate.
E-mail-based individual Internet counseling involves asynchronous distance interaction between counselor and client using what is read via text to communicate.
Chat-based individual Internet counseling involves synchronous distance interaction between counselor and client using what is read via text to communicate.
Chat-based couple Internet counseling involves synchronous distance interaction among a counselor or counselors and a couple using what is read via text to communicate.
Chat-based group Internet counseling involves synchronous distance interaction among counselors and clients using what is read via text to communicate.
Video-based individual Internet counseling involves synchronous distance interaction between counselor and client using what is seen and heard via video to communicate.
Video-based couple Internet counseling involves synchronous distance interaction among a counselor or counselors and a couple using what is seen and heard via video to communicate.
Video-based group Internet counseling involves synchronous distance interaction among counselors and clients using what is seen and heard via video to communicate.
Standards for the Ethical Practice of Internet Counseling
These standards govern the practice of Internet counseling and are intended for use by counselors, clients, the public, counselor educators, and organizations that examine and deliver Internet counseling. These standards are intended to address practices that are unique to Internet counseling and Internet counselors and do not duplicate principles found in traditional codes of ethics.
These Internet counseling standards of practice are based upon the principles of ethical practice embodied in the NBCC Code of Ethics. Therefore, these standards should be used in conjunction with the most recent version of the NBCC ethical code. Related content in the NBCC Code are indicated in parentheses after each standard.
Recognizing that significant new technology emerges continuously, these standards should be reviewed frequently. It is also recognized that Internet counseling ethics cases should be reviewed in light of delivery systems existing at the moment rather than at the time the standards were adopted.
Internet Counseling Relationship
asynchronous counseling, how often e-mail messages will be checked by the Internet counselor.
Confidentiality in Internet Counseling
Encryption methods should be used whenever possible. If encryption is not made available to clients, clients must be informed of the potential hazards of unsecured communication on the Internet. Hazards may include unauthorized monitoring of transmissions and/or records of Internet counseling sessions.
Session data may include Internet counselor/Internet client e-mail, test results, audio/video session recordings, session notes, and counselor/supervisor communications. The likelihood of electronic sessions being preserved is greater because of the ease and decreased costs involved in recording. Thus, its potential use in supervision, research, and legal proceedings increases.
Because of the relative ease with which e-mail messages can be forwarded to formal and casual referral sources, Internet counselors must work to insure the confidentiality of the Internet counseling relationship.
Legal Considerations, Licensure, and Certification
Local, state, provincial, and national statutes as well as codes of professional membership organizations, professional certifying bodies, and state or provincial licensing boards need to be reviewed. Also, as varying state rules and opinions exist on questions pertaining to whether Internet counseling takes place in the Internet counselor's location or the Internet client's location, it is important to review codes in the counselor's home jurisdiction as well as the client's. Internet counselors also consider carefully local customs regarding age of consent and child abuse reporting, and liability insurance policies need to be reviewed to determine if the practice of Internet counseling is a covered activity.
& 2005 NBCC
License Application Fees
*Application Fee Initial LAC/LPC/LAMFT/LMFT license | $200.00 |
Application LAC to LPC or LAMFT to LMFT License | $100.00 |
*Application for Specialization License/Licenses | $ 50.00 |
First license fee for LAC/LAMFT is prorated based on the biennial $250.00license fee, according to the number of months licensed, one time only, beginning July 1 of the fiscal year of license issue.
First license fee for LPC/LMFT is prorated based on the biennial $300.00 license fee, according to the number of months licensed, one time only, beginning July 1 of the fiscal year of license issue.
License Renewal Fees
Biennial license renewal-Associates (LAC/LAMFT) | $250.00 |
Biennial license renewal-Professionals (LPC/LMFT) | $300.00 |
Late renewal fee July 1 to December 1 | $100.00 |
Late renewal fee December 2 to June 30 | $200.00 |
122.00.11 Ark. Code R. 001