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.
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.).
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.
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).
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 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.
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.
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.
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.
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.
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).
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.
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.
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.
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 approaches the applicant will use.
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.
The applicant will submit a record of post-master's counseling related work experience.
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.
The Board will administer written, oral, and/or 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 each step of the approval 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.
An applicant whose credentials meet the requirements of A.C.A. 17-27-301 will be scheduled for written, oral and situational examinations.
The Board will adopt a prepared standardized test covering the specialized knowledge common to a variety of counseling competencies.
If the Board votes to deny the license, the applicant will be so notified by certified mail. Specific reasons for denial will be stated.
Examination fees will be set annually based on a cost estimate for the processing and conducting of all examinations, written, oral, and situational.
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.
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.
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.
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. (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.
POWER TO PETITION FOR INJUNCTIONS
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:
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.
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.
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.
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.
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.
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)
122.00.97 Ark. Code R. 001