I. General Information
Section 1.1 ENABLING LEGISLATION
The Rules are adopted pursuant to Arkansas Code Annotated §
17-27-101 et seq.
Preface
The enabling legislation of the Arkansas Board of Examiners in Counseling is codified at Arkansas Code Annotated §
17-27-101 and it provides for the licensure and regulation of Counselors and Marriage and Family Therapists; and the individuals who are allowed to use the titles "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", and "licensed associate marriage and family therapist". The Act is both title and practice.
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 protection of the public welfare and shall, at all times, apply the provisions of Arkansas Code Annotated §
17-27-101, et seq. and the Rules in a fair and impartial manner.
Section 1.2 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 (one of whom must be a supervisor) and three counselor educators or supervisors, one of which shall also be a licensed Marriage and Family Therapist educator and/or approved supervisor 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)(l)(e)(l)
Board members shall be ineligible for reappointment for a period of three (3) years following completion of each full, three (3) year term.
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)
Section 1.3 INFORMATION FOR PUBLIC GUIDANCE
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 § 2549-101 et seq.).
Records of the Board will be maintained in accordance with the laws governing retention of documents of State agencies.
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. This information will be periodically placed on the Board website: http://www.abec.myarkansas.net/
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.
Section 1.4 PURPOSES OF ORGANIZATION
The Board is responsible 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 the practice of Counseling or Marriage and Family Therapy to individuals or groups in Arkansas must hold an Arkansas license to engage in that practice. 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 an Arkansas license. See Section XII for the ethics, definitions and standards for the practice of internet or telephone services.
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 whether he or she is located in-state or out of state.
If the Counselor/Psychotherapist or Marriage and Family Therapist are 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.
Section 1.5 ORGANIZATION OF THE BOARD
The Board will elect officers, within 30 days before 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 Boards
Section 1.6 MEETINGS
Meetings of the Board shall be open to the public in accordance with the Freedom of Information Act. Dates, times, and places of meetings shall be furnished to anyone requesting the information and made available to the press and on the website.
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.
Section 1.7 FINANCES
The Board shall charge fees for applications, licenses, examinations and other administrative purposes deemed necessary by the Board. 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 and dated.
Section 1.8 INTENT OF THE ACT
It is intended that the provisions of Arkansas Code Annotated §
17-27-101 et seq. operate in accordance with other laws.
Section 1.9 DEFINITIONS
(a) "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.
(b) "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 definitions of mental health activities in counseling textbooks
(c) "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.
(d) "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.
(e) "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.
(f) "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.
(g) "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.
(h) "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.
(i) "Referral activities" means the evaluating of data to identify problems and to determine the advisability of referral to other specialists.
(j) "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.
(k) "Research activities" means reporting, designing, conducting, or consulting on research in counseling with human subjects.
(l) "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).
(m) "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 (LAMFL) by an individual licensed as a LAMFT supervisor.
(n) "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.
(o) "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.
(p) "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.
(q) "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.
(r) "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 Board. Individuals who have an application in process but fail the examinations or fingerprint check are not considered licensable.
(s) "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 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 non-traditional methods of presentation.
(t) "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.
(u) "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.
(v) "Group Counseling, Relational Counseling or Group Marriage and Family Therapy" means two or more persons, couples or families meeting with the Counselor or Marriage and Family Therapist.
(w) "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 delivery s of services. See section XII for the Technology-Assisted Distance Counseling definitions.
(x) "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.
(y) "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.
(z) "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
III. LICENSING QUALIFICATIONS
Section 3.1 LICENSED ASSOCIATE COUNSELORS (LAC)
In order to be eligible as a Licensed Associate Counselor, an applicant:
(a) Must have received a graduate degree that is primarily professional counseling in content from a regionally accredited institution. The graduate semester hours must meet the national academic and training content standards adopted by the Board and the Council for the Accreditation of Counseling and Related Educational Programs (CACREP/CORE) or equivalent;
(b) Must demonstrate professional competencies by passing written, oral, and situational examinations as prescribed by the Board;
(c) Must arrange supervision with a Board-approved LAC supervisor and have the plan/agreement for the supervision approved by the Board prior to license issue;
(d) Must have met the criminal background check mandated by Ark. Code Ann. §
17-27-313;
(e) Must be a citizen of the U.S. or have an immigration green card to document and verify legal alien work status in the U.S as indicated by a valid Social Security Number.
(f) The intent of the law is for the required three years (3000 clock hours) of supervision as a Licensed Associate Counselor (LAC) to be training with the intent to become a Licensed Professional Counselor (LPC). The intent of the law is not for the LAC license to be a permanent license.
Section 3.2 LICENSED PROFESSIONAL COUNSELORS (LPC)
In order to be eligible as a Licensed Professional Counselor, an applicant:
(a) Must meet the requirements of Section 3.1 with the exception of (c); and
(b) Must provide evidence of three years (3000 clock hours) of supervised full-time experience, as defined by the Board, in professional counseling beyond the Master's Degree. One year (1000 hours) of experience may be gained for 30-semester hours of graduate work beyond the Master's level, provided the hours are clearly counseling in nature and acceptable to the Board. Hours earned may be substituted for no more than two (2) years of supervised professional experience. The Board of Examiners in Counseling does not have the power to waive any required period of supervised experience.
Section 3.3 LICENSED ASSOCIATE MARRIAGE AND FAMILY THERAPISTS (LAMFT)
In order to be eligible as a Licensed Associate Marriage and Family Therapist, an applicant:
(a) Must have received a graduate degree in marriage and family therapy or related field from a regionally accredited institution. The graduate semester hours must meet the national academic and training content standards adopted by the Board from the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE/AAMFT) or the Council for Accreditation Counselor Related Education Programs (CACREP/CORE) or equivalent;
(b) Must demonstrate professional competencies by passing written, oral, and situational examinations prescribed by the Board;
(c) Must arrange supervision with a Board-approved Licensed Associate Marriage and Family Therapist supervisor and have the plan/agreement for supervision approved by the Board prior to license issue;
(d) Must have met the Criminal Background Check mandated by Act 1317 of 1997;
(e)) Must be a citizen of the U.S. or have an immigration green card to document and verify legal alien work status in the U.S, as indicated by a valid Social Security Number.
(f) The intent of the law is for the required three years (3000 clock hours) of supervision as a Licensed Associate Marriage and Family Therapist (LAMFT) to be training with the intent to become a Licensed Marriage and Family Therapist (LMFT).
Section 3.4 LICENSED MARRIAGE AND FAMILY THERAPISTS (LMFT)
In order to be eligible as a Licensed Marriage and Family Therapist, an applicant:
(a) Must have received a graduate degree in Marriage and Family Therapy or related field from a regionally accredited institution. The graduate semester hours must meet the national academic and training content standards adopted by the Board from the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) or the Council for Accreditation of Counseling and Related Educational Programs (CACREP/CORE/COAMFTE Standards or the American Association of Marriage & Family Therapy (AAMFT)
(b) Must demonstrate professional competencies by passing written, oral, and situational examinations prescribed by the Board;
(c) Must have met the Criminal Background Check mandated by Act 1317 of 1997;
(d) Must be a citizen of the United States or have a green card to document and verify legal alien work status in the U.S. The green card must be current and issued by the United States Immigration Bureau; and
(e) Must provide evidence of three years (3000 clock hours) of supervised full-time experience, as defined by the Board, in marriage and family therapy beyond the Master's Degree. One year of experience may be gained for 30 semester hours of graduate work beyond the Master's level, provided the hours are clearly marriage and family therapy in nature and acceptable to the Board. Hours earned may be substituted for no more than two years of supervised professional experience. The Board of Examiners in Counseling does not have the power to waive any required period of supervised experience.
Section 3.5 Dual Credential / Licensure
For practitioners who possess both the LAC/LPC &. LAMFT/LMFT, a single licensure certificate will be available at a reduced cost. This is not a new licensure category, only a different certificate. The Continuing Education requirement will be 24 hours, with 3 hours minimum in Ethics. The remaining 21 hours must indicate a balance between counseling and marriage & family continuing education.
Section 3.6 Specializations
(a) The Board 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, Coaching, Career Counseling, School Counseling,, Gerontological Counseling, Counseling Supervision, Drug Sl 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, Play Therapy, Dance Therapy, Neurofeedback, Therapeutic Humor, EMDR, Animal Assisted Therapy, Eating Disorders, Trauma, Treatment of Sexual Abusers, Grief and / or other specified counseling areas as identified. If no national standards are available, the Board will adopt the highest Arkansas standards available.
(b) Specialization licenses will be granted to individuals who hold the LPC, LAC, LAMFT, or LMFT license and are in good standing with the Board. The applicant for the specialization license who holds certification, registry, or license issued by recognized and Board approved national associations or credentialing bodies will submit that documentation. All certifications received directly from the National Board for Certified Counselors (NBCC) or the American Association for Marriage and Family Therapist AAMFT) will be accepted as evidence of specialization. If no national standards are available the Board will adopt the highest Arkansas state standards available for that specialization.
(d) SpeciaUzation license clarification for the following:
(1) Pastoral Counseling specialization license standard for issue for Clergy who are licensed by this Board and who are credentialed as member, fellow, or diplomat by the American Association of Pastoral Counselors (AAPC) or Association for Clinical Pastoral Education (ACPE).
(2) Rehabilitation Counselor specialization license standard for issue being for Counselors/Therapist who are licensed by this Board and who are credentialed by the Commission on Rehabilitation Counselor Certification (CRCC).
(3) . Appraisal Specialization license standards for issue being (A) or (B) and (C)
(A) The curriculum and assessment experience standards acceptable for the School Psychology Specialist Specialization Certification/License issued by the Arkansas State Department of Education.
OR
(B) The standards for the School Psychologists from the National Association of School Psychologists (NASP).
(C) Documentation of a passing score on the School Psychologist Examination (Praxis II) Code 0400 from Educational Testing Service (ETS) required for (A) or (B).
(4) Supervision Specialization license standards for issue being:
(A) Three (3) years' experience as a Licensed Professional Counselor and/or a Licensed Marriage and Family Therapist
(B) Good standing (as LPC and/or LMFT) in Arkansas
(C) Documentation of one of the following:
(i) A doctorate, primarily counseling/therapy in content, which included both course work in supervision (specific to the supervision license, LAC or LAMFT) and supervised experience in supervision; or
(ii) A completed, advanced three (3) credit hour graduate course in clinical supervision (specific to the supervision license, LAC or LAMFT) which included eighteen (18) hours of supervised experience in supervision arranged as part of the graduate course. This class must be taken post-full licensure as LPC unless the class is/was part of doctoral studies prior to licensure.
(D) Must submit and have Board approval of:
(i) A typed description of his/her theoretical orientation to supervision (specific to the supervision license, LAC or LAMFT), including model of supervision, and techniques of practice;
(ii) A signed code of ethics agreement and a group supervision plan and forms;
(iii) An Oral Examination with the Board
(5) Mediation Specialization license standard for issue being the Certification Standards established by the Arkansas Commission for Mediation.
(6) Thanatology and Grief Counseling specialization license standard for being the Certification Standards established by the Association of Thanatology and Grief Counseling.
(7) Technology-Assisted Distance Counseling or Marriage and Family Therapy Specialization license standards for issue for Counseling or Marriage and Family Therapy or Supervision being:
(A) A licensed LPC/LAC or LMFT/LAMFT in good standing with the Board must 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.
(B) The written submission of a detailed plan that delineates how the applicant will meet provisions of the Board adopted American Counseling Association Code of Ethics and the Standards regulating Technology-Assisted Distance Counseling or Marriage and Family Therapy for Board approval.
(C) Revised Statement of Intent (scope of practice) that includes a description of the Technology-Assisted Distance Counseling or Marriage and Family Therapy.
(D) The Board may require an oral examination if there are unresolved questions about requirements (9) (A-F).
(E) The submitted materials must be approved by the Board prior to the Technology-Assisted Distance Counseling or Marriage and Family Therapy Specialization license being issued.
(F) Any Technology-Assisted Distance Counseling or Marriage and Family Therapy that occurs within the State of Arkansas, whether by an Arkansas counselor or by an out of state Counselor or Marriage and Family Therapist, is deemed to have occurred in Arkansas. All providers of services whether traditional or Technology-Assisted who may offer or provide Counseling or Marriage and Family Therapy services to individuals or groups must hold a valid Arkansas license to provide such services.
(G) Specialization requests not already specified will be reviewed by the Board and standards established as needed.
(H) Licensed Counselors or Therapist who apply for a specialization license will be issued such license upon completion of the application for a specialization, documentation of a valid national or required credential (certificate, registry, or license), pass on the oral examination (if required), payment of the specialization fee and approval by majority vote of the Board,
Section 3.7 GRADUATE COURSE REQUIREMENTS
(a) The applicant must have received a graduate degree from a regionally accredited institution of higher education that is primarily professional counseling or therapy in content and document completion of a minimum of 60 graduate semester hours in course work, counseling/therapy in content, that meet the academic and training standards established by the Board. The counseling programs, from which the degree/courses are earned, within the institution, shall meet the standards for the preparation of counselors by the specific national professional associations related to each license.
(b) The adopted standards of the national accrediting body. The Council for Accreditation of Counseling and Related Educational Programs (CACREP/CORE) for Licensed Associate Counselor (LAC) and for Licensed Professional Counselor (LPC). Endorsed and adopted as parallel are the standards of the following: The Council on Rehabilitation Education (CORE, Standards), the United States Department of Education (USDE), and the Council for Higher Education Accreditation (CHEA). Other nationally recognized accrediting bodies will be reviewed for Board endorsement as needed.
(c) The adopted standards for Licensed Associate Marriage and Family Therapist (LAMFT) and Licensed Marriage and Family Therapist (LMFT) are the current Commission on Accreditation for Marriage and Family Therapy Education Standards (COAMFTE) or current CACREP/CORE Standards for Marriage and Family Therapy or the current Association of Marriage & Family Therapy (AAMFT) standards.
(d) Documentation from the institution issuing the credit may be required in addition to the Core Curriculum section of the application to verify that all course standards are met if the institution has not previously filed and gained approval for courses with the Arkansas Board.
(e)
(1) Core Curriculum for LAC or LPC includes:
(A) Professional Identity, (3 Graduate Credit Hour Minimum)
(B) Social and Cultural Diversity, (3 Graduate Credit Hour Minimum)
(C) Human Growth and Development, (3 Graduate Credit Hour Minimum)
(D) Career Development, (3 Graduate Credit Hour Minimum)
(E) Helping Relations, (3 Graduate Credit Hour Minimum)
(F) Group Work, (3 Graduate Credit Hour Minimum)
(G) Assessment, (3 Graduate Credit Hour Minimum)
(H) Research and Program Evaluation, (3 Graduate Credit Hour Minimum)
(I) Practicum and/or Internships, (9 Graduate Credit Hour Minimum),
(J) Psychopathology, including DSM and ICD training (3 Graduate Credit Hour Minimum
(K) Family and Relationship (3 Graduate Credit Hour Minimum)
(L) Psychopharmacology (3 Graduate Credit Hour Minimum)
(f) International degree(s) relied on in applying for a license of any kind from the Arkansas Board must be submitted with an English translation and certification from a credential evaluation service. These agencies must certify that the international degree is equivalent to a United States graduate degree. All cost for the certification is the responsibility of the applicant. The applicant may contact the Board office for information about approved agencies that provide the services.
(g) All graduate course hours used in the application for any license issued by the Arkansas Board must have a "B" grade or above. Grades of "C" or below will not be accepted for licensure purposes.
(h)
(1) Distance/Cyber/Electronic education degrees will be treated the same as onsite education degrees if the degrees are primarily professional counseling or marriage and family therapy in content and are earned from a regionally accredited institution of higher education and the distance education degree programs are accredited as required, ((j) (A-H).
(2) CACREP/CORE. Courses must be graduate credit, meet the CACREP/CORE/COAMFTE/AAMFT standards, and meet the American Counselor Educators and Supervisors (ACES) course guidelines. ACES Technology Interest Network course quality items are adopted for distance learning courses.
(3) Cyber/Distance learning includes cyber/distance (electronic) learning/education. The definition of distance learning/education acceptable to the Board for licensure purposes is 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, such as web sites, e-mail and video conferencing. Instruction may be synchronous or asynchronous. Videos may not comprise more than 20% of the instruction time in any one course.
(i) The responsibihty for documenting that each course, content and presentation, meets the standards for Board endorsement and acceptance is the responsibility of the granting institution and the appUcant. The Board review and acceptance/denial of each Cyber/Distance/Electronic course is mandated prior to the appUcation being processed for any Arkansas Ucense issued by the Board.
(j) Institutions of higher education that have graduate counselor education and related graduate programs that are not accredited by CACREP/CORE/ /COAMFTE/AAMFT must seek endorsement from the Arkansas Board. The Board accepts certification/accreditation from the following, in addition to, CACREP/CORE/COAMFTE/AAMFT: The Council on Rehabilitation Education (CORE) the Council for Higher Education Accreditation, (CHEA). Institutions accredited by other nationally recognized accrediting bodies must seek and secure endorsement to the adopted standards from the Arkansas Board of Examiners in Counseling. Board endorsement must be completed prior to applications and course work of graduates from those programs being processed. The institution seeking endorsement must submit the following information for Board review:
(1) Two (2) 0 graduate catalogs;
(2) A completed Core Curriculum for the 60 hour requirements, effective January 1, 2003 with the course numbers and titles from the graduate program;
(3) A copy of each syllabus listed on the Core Curriculum;
(4) A letter from the university verifying that the content of the courses are equivalent to the current CACREP/CORE Standards. The CACREP/CORE Standards are the standards used for a transcript to be processed for licensure purposes;
(5) Documentation that the quality of each course meets the Course Quality Guidelines, of ACES Guidelines;
(6) A copy of the distance learning program or traditional program approval/accreditation from the accrediting/certifying agency that has accredited the university degree program/programs;
(7) The software used for distance learning platform; and
(8) Any other materials the university would like to submit to the Board to support the institution's endorsement request.
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.
IV. SUPERVISION
Section 4.1 SUPERVISION CONTENT
(a) Supervision for the Associate Counselor in Arkansas must be provided by a practitioner who is a Licensed Professional Counselor, holds approved supervisor status from the Board and whose license is valid (i.e. not suspended due to delinquent renewal or disciplinary action).
Supervision hours for applicants moving into the state must be approved by the Board.
The Standards for Clinical Approved Supervisor (CAS) by the National Board for Certified Counselors are adopted by the Board as the standards to ensure the preparation in methods and techniques for practicing counselors who offer clinical supervision services to Associate Counselors for the protection of the client.
(b) Supervision for the Associate Marriage and Family Therapist in Arkansas must be provided by a practitioner who is a Licensed Marriage and Family Therapist, holds approved supervisor status from the Board, and whose license is current, (i.e, not suspended due to delinquent renewal or disciplinary actions).
Supervision hours for applicants moving into the state must be approved by the Board.
The Standards for Clinical Approved Supervisor (CAS) by the National Board for Certified Counselors are adopted by the Board as the standards to ensure the preparation in methods and techniques for practicing counselors who offer clinical supervision services to Associate Marriage and Family Therapists for the protection of the client.
(c) Counselors or Marriage and Family Therapists licensed at the associate level must complete approximately three (3) years or 3000 Client Contact Hours (CCH) with supervision. The ratio for both the LAC and LAMFT will be one (1) hour of supervision for every ten (10) hours of client contact for the first five hundred (500) direct CCH; then one (1) hour of supervision for every twenty (20) client contact hours for the remaining twenty-five hundred (2500) hours. A client contact hour is defined as face-to-face contact with a client(s) in a therapeutic engagement.
The LAC and LAMFT are required to have a minimum of 3000 hours of cUent contact, 2200 hours defined as work related to direct, face-to-face counseling practice and 800 hours of indirect client contact. The supervisee may accumulate more than 800 hours, but they do not reduce the 1700 direct client contact hours required to complete the 3000 hours of supervised practice.
During the first 500 hours of supervision, no indirect hours will be applicable. The total hours of supervised practice will remain 175 clock hours of supervision-Supervisors may engage in Dyad /TriaJic supervision after the first 500 hours in addition to traditional group supervision.
(d) LAMFTs must have a minimum of fifty percent (50% or 1500 hours) direct client contact hours in family/relational/group/systemic sessions.
(e) Group sessions are reported in clock hours of the sessions, not the clock time multiplied by the number of persons in the group.
(f) Group supervision may not exceed half of the total Board specified supervision requirements. A supervision group is defined as consisting of three (3) to six (6) supervisees with the contracted supervisor. In addition to this increase in group members. Supervisors may engage in Dyadic Supervision (Supervisor and two (2) supervisees), sometimes also referred to as Triadic Supervision, and list it as Individual Supervision.
(g) For the purpose of supervised clinical practice, hours spent conducting Psycho-educational groups (whether inpatient/outpatient or at other locations) may not be credited as direct client contact hours.
(h) The contracted supervisor may not delegate supervision responsibility to any other individual. The contracted supervisor should have an emergency plan on file if he/she were to be unavailable.
(i) Post-master's course work necessary for application for an Arkansas license maynot be applied to the required supervised work experience in accordance with the rules and regulations.
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 (i). These hours will adhere to the '80 - 20' rule, meaning 80 hours will go toward direct hours & 20 hours will go toward indirect hours.
(j) The LAC/LAMFl' may choose to take the NCMHCE: The National Chnical 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).
(1) The LAC/LAMFT may petition the Board to take the NCMHCE with recommendation of the contracted supervisor upon the completion of 2000 client contact hours. When approved, the applicant may apply to NBCC and take the NCMHCE. The passing score will be the national cut off score. A pass score on the NCMHCE will be equated to 500 Client Contact Hours (CCH) and applied to the total hours required for completion of supervision.
(2) When the passing score on the NCMHCE, all supervised CCH's are completed and documented, revised Statement of Intent and LAC/LAMFT license fee are received, the LPC or LMFT license may be issued and supervision may cease.
(3) Test dates for the NCMHCE will be the same as the dates established for the NCE and all examinations will be administered by NBCC or a designate. The candidate will send test application and test fee directly to NBCC.
(k) Practitioners who are fully licensed for independent practice, and meet all the requirements for both the LPC and the LMFT, and who would prefer a single license to reflect those competencies, may elect to have a single, dual credential at a reduced fee. There are no additional requirements, the renewal period will remain two (2) years and the Continuing Education requirements will be the same as any other license category (24 CEUs every two (2) years.
Section 4.2 SUPERVISEE REQUIREMENTS AND RESTRICTIONS
(a) All Licensed Associate Counselors must have a Board-approved supervision plan/agreement prior to providing any counseling services. The Licensed Associate Counselor must notify the Board immediately and in writing of any proposed change in supervisors. The Licensed Associate Counselor must obtain Board approval of any change in supervisors. Failure to maintain an approved current supervision agreement may result in license suspension or revocation.
(b) All Licensed Associate Marriage and Family Therapists must have a Board-approved supervision plan/agreement prior to providing any therapy services. The Licensed Associate Marriage and Family Therapists must notify the Board immediately and in writing of any proposed change in supervisors. The Licensed Associate Marriage and Family Therapists must obtain Board approval of any change in supervisors. Failure to maintain an approved current supervision agreement may result in license suspension or revocation.
(c) Counselors or Marriage and Family Therapists licensed at the associate level may offer professional counseling services beginning the date of approval on a valid and current supervision agreement filed with the Board and be under the supervision of a Board licensed supervisor. Not one client may be seen prior to that date. No clients may be seen by the associate licensee if the supervision agreement has expired and a new one has not been Board approved. There is no grace period for a supervision agreement that has expired; the associate licensee must cease and desist practice the expiration date of the agreement. Both supervisee and supervisor are responsible for being cognizant of the expiration date and for maintaining a current supervision agreement.
(d) The LAC or LAMFT is the responsible party for:
(1) Maintaining a current, valid, and approved supervision contract on file with the Board prior to providing any counseling services. The primary responsibility is with the LAC or LAMFT, but is a shared responsibility with the supervisor. Any practice or service rendered by the supervisee or any supervision by the supervisor becomes illegal at 12:01midnight the expiration date of the agreement.
(2) Maintaining an accurate Statement of Intent (Scope of Practice) and filing a copy of the current Board approved statement with the supervisor of record.
(3) Submission of supervision reports each six (6) months.
(e) Supervisees must carefully avoid multiple relationships with supervisors that interfere with the supervisory relationship; such as, having the ability to hire or dismiss the supervisee from employment.
Section 4.3 SUPERVISOR REQUIREMENTS AND RESTRICTIONS
(a) A Counselor or Therapist, holding a Supervision Specialization License, shall not sign new supervision plans/agreements if supervisor's license has not been renewed or if the supervisor is under investigation. If under investigation, no new contracts may be signed or submitted to the Board until all reviews, hearings, or disciplinary actions (if any in progress) are completed and resolved.
(b) Supervisors will be limited to twelve (12) supervision contracts at any given time, Exceptions to the limitation of twelve (12) maybe made only at Board initiated request to a designated supervisor.
(c) The Board office staff may not approve supervision contract/agreements to exceed twelve supervisees (12) for any one supervisor.
(d) Supervisors must have a Board approved copy of a supervision plan/agreement dated prior to providing supervision to a LAC or LAMFT.
(e) Board approved supervisors of LAC/LAMFT must carefully avoid multiple relationships with supervisees that interfere with the supervisory relationship; such as, administrative supervisors within agencies with any level of direct or indirect administrative authority over the supervisee.
(f) The supervisor and the supervisee are both the responsible parties for maintaining a current Board approved supervision agreement/plan. Any practice or service rendered by the supervisee or any supervision by the supervisor becomes illegal at 12:01midnight the expiration date of the agreement.
(g) Supervisors are required to attend one (1) Board approved / sponsored / recognized supervisor training per licensure renewal period. These recognized trainings are available from Board recognized state associations (ArMHCA, ArACES, ArCA, ArMFTA, ArLCA, ArSCA & ArMHEA) and at other Board recognized and designated times and places such as regional or national conferences.
Section 4.4 SUPERVISION REPORTS AND EVALUATIONS
(a) Supervision evaluations and Client Contact Hours reports are due every six (6) months regardless of the number of CCH accumulated.
(b) The LAC or LAMFT is the party responsible for submission of supervision reports and evaluations every six (6) months.
(c) The maximum of a thirty (30) day grace period is allowed for the Board to receive the reports and evaluations.
(d) Reports submitted over thirty days late will be reviewed by the Board on a case by case basis to determine whether or not the hours will be accepted. The licensee and the supervisor must send written explanation for the late report. The Board will evaluate the stated reasons for the late reports. The Board may request the Supervisor and Supervisee to meet with the Board for additional information prior to making a decision concerning the situation.
(e) A continual pattern of violation and failure to comply with the law may result in an Administrative Hearing for disciplinary action, suspension or revocation of license.
(f) The supervisor and the supervisee are both the responsible parties for maintaining a current; Board approved supervision agreement/plan. Any practice or service rendered by the supervisee or any supervision by the supervisor becomes illegal at 12:01 midnight the expiration date of the agreement.
VI. EXAMINATIONS
Section 6.1 GENERAL ADMINISTRATION
(a) Applicants whose credentials meet the requirements of Ark. Code Ann. §
17-27-301 through 305, will be scheduled for written examinations. Oral and/or situational examinations may be required by the Board if deemed necessary.
(b) The Board staff will compile lists of applicants who have met all requirements for admission to the National Counselor Examination (NCE), American Marriage & Family Therapy Regulatory Board (AMFTRB), and/or National Clinical Mental Health Counseling Examination (NCMHCE) examination(s). The list will be supplied to the national test administrators regularly (weekly on most occasions).
(c) Each year the Board will contract for the administration of:
(1) The National Counseling Examinations (NCE) with the National Board for Certifying Counselors (NBCC).
(2) The National Clinical Mental Health Counseling Examinations (NCMHCE) with NBCC.
(3) The Examinations in Marital and Family Therapy with the Association of Marital and Family Therapy Regulatory Boards (AMFTRB).
(4) The Arkansas Board of Examiners in Counseling Jurisprudence Exam with NBCC.
(d) Cut-off scores established by the national examination agencies for each examination date are the minimum scores accepted by the Board for an applicant to meet respective written examination requirements for licensure.
(e) If the Board votes to deny the license, the applicant will be so notified by certified or signature confirmation mail. Specific reasons for denial will be stated.
(f) License will be granted to applicants who satisfactorily complete the application process and are approved by a majority vote of the Board.
(g) An applicant who fails required written examination the first time attempted may take it the second time at any date of his/her choice
(h) If the applicant fails to pass written, oral, or situational examination(s) in two trials, the applicant's application file will be removed from active status. The applicant must wait two years from the date of the second examination and apply as a new applicant meeting any requirements in place the date the new application is received in the Board office.
(i) Prior to an application being processed when an examination has been failed two times, the Board requires:
(1) A new application for licensure and examination may not be submitted prior to two years following the date of the second failed examination; and
(2) Documentation of completed additional graduate study in Counseling or Marriage and Family Therapy or other remedial work that the Board may specify.
Section 6.2 WRITTEN EXAMINATIONS
(a) All applicants for licensure must complete one of the following
applicable written examinations.
(1) Counselor applicants must satisfactorily complete the National Counseling Examination (NCE) unless licensed in another state and required to take the NCMHCE (Section 9(i)).
(2) Marriage and Family Therapist applicants must satisfactorily complete the American Marriage and Family Therapy Regulatory Board (AMFTRB) examination and meet the national pass score.
(b) All applicants must provide verification of a successful passing score on the Arkansas Board of Examiners in Counseling Jurisprudence Exam when such exam becomes a part of the application process.
(c) 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 updating. The national pass score determined for each examination by the testing company is the acceptable score determined by the Board to be the pass level to qualify the applicant for the oral and situational examinations.
(d) Submission of application documentation and fees for national written examinations occurs in two (2) steps:
(1) Test application and associated fees must be made directly to the national examining organizations for admission to sit for the written examinations. The test applications and fees for written examinations must comply with the test company's deadlines.
(2) The licensure application, including transcripts, statements of intent, letters of recommendation and payment of the licensure application fee, must be received by the Board office for the applicant's name to be added to the approved list for test admission.
(e) Persons who are enrolled in the final semester of graduate study in counseling or marriage and family therapy and have completed the core curriculum courses may be admitted to the written examination by submitting to the Board, with their application, a letter stating their projected graduation date from one of the following college or university officials:
(1) Faculty Internship Coordinator
(2) Master's Committee Chair
(3) Graduate Coordinator
(4) Department Chair
(5) Registrar
(6) Associate Dean
(7) Dean
Section 6.3 ORAL EXAMINATIONS
(a) All individuals applying for licensure may be required to complete an oral examination prior to being granted a license. If the applicant is seeking dual licensure, he or she must completey oral, written and/or situational examinations. Individuals applying for a Supervision specialization license or the Technology-Assisted specialization, must successfully pass an oral examination.
(b) An oral examination may be scheduled for applicants upon receipt by the Board of the following: a passing score on the written examination, thetf applicant's final official transcripts reflecting degree conferred, and all other application requirements.
(c) The oral cxcimin&tion. will may include a review of the applicant's Statement of Intent, questions from the Board relative to the profession of counseling/therapy, and questions about credentials submitted with the application.
(d) If there are unresolved questions, the Board may require an oral examination of any applicant.
Section 6.4 SITUATIONAL EXAMINATIONS
(a) Situational exam - A situational demonstration of counseling or marriage and family therapy skills may be requested by the Board in the form of a DVD/CD, other technology-assisted methods, (example Skype) or live demonstration. A consent and release statement signed by each participant must accompany such session. The Board may utilize Licensed Marriage and Family Therapists or Licensed Professional Counselors, who have specialized knowledge common to the license being sought, to review and advise regarding the session or demonstration, At least one reviewer will have specialized knowledge appropriate to the review.
(b) The Board does not routinely require a situational examination be passed prior to oral examination. The Board may request a situational examination be administered and passed if the applicant does not successfully complete the oral examination or if the Board has unresolved questions about the competency and/or skills of the applicant.
(c) The situational examination may consist of a video recording, technology assisted methods, to be determined by the Board, of the applicant engaged in a counseling interaction with an internship client or volunteer.
(d) Volunteer clients who participated in the situational examination may not be persons related either by blood (both lineal and collateral consanguinity) or marriage (affinity) or from other inappropriate multiple relationships with the applicant.
(e) When the Board requires a situational examination, a signed and witnessed consent form signed by the client, even if a volunteer, must accompany the submitted video.
(f) Evaluation of the situational examination is based on demonstration of basic counseling skills on the part of the applicant appropriate to the content, effect, and behavior of the client/volunteer. The examination and the Board member reviews and evaluation forms signed by the Board members will be retained in the applicant's file.
Section 6.5 UNRESOLVED QUESTIONS
(a) Should the Board have unresolved questions of competence it may require any one or all of the following:
(1) Additional academic work;
(2) Additional supervised experience;
(3) Additional training;
(4) Additional references or recommendations;
(5) Clarification of Statement of Intent;
(6) Situational Examination, Oral Examination or both;
(7) Training documentation
(8) Other evidence deemed necessary to satisfy the Board as to the qualifications and/or fitness and competence of the applicant to practice as a counselor or marriage and family therapist.
Section 6.6 FEES
(a) Written examination fees are determined by the national testing companies and are paid directly to those providers.
(b) An examination fee may be set by the Board for the processing and conducting situational examinations.
(c) An annual file maintenance fee, determined by the Board, will be charged when application materials are retained in an active status longer than twelve (12) months from application date.
(d) The schedule of service-fees will be reviewed annually and will be set at the lowest possible level to meet the operational expenses of the Board as appropriated by the legislature. The fees established by the Board are published on the
Board's website (
www.abec.myarkansas.net) and are included in each application packet and each license renewal packet. Application and Renewal fees are found in Section XIII of the Rules.
VII. LICENSE RENEWAL
Section 7.1 EXPIRATION
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.
Failure to renew a license within twelve (12) months from the date of expiration will necessitate applying for the license as a new applicant meeting all requirements in effect as of the date the new application is received in the Board office. In this circumstance, prior to the application being processed, the applicant may be required to appear before the Board to explain the failure to meet the renewal deadlines.
Section 7.2 RENEWAL FEES
(a) The biennial license renewal fee is due and payable by May 31 of the renewal year,
(b) A late fee will be assessed if the renewal fee is postmarked after 12:01 midnight, June 30 of the renewal year.
(c) Failure to pay the biennial fee within the time stated shall automatically suspend the right of any licensee to practice while delinquent. {Arkansas Code Annotated §
17-27-307(2) (A). Such lapsed license may be renewed within a period of twelve (12) months, from the expiration date, by payment of all fees and Board requirements that are in arrears.
Section 7.3 CONTINUING EDUCATION
(a) No license will be renewed without evidence of satisfactory completion of a minimum of twenty-four (24) clock hours of continued professional education and/or training in the twenty-four (24) months prior to renewal. Twenty one (21) of the twenty-four (24) clock hours must support the licensee's statement of intent. Evidence must also be submitted of a minimum of three (3) clock hours obtained in ethics relevant to the license being renewed.
(b) The continuing education policies for documentation and reporting for renewal purposes are adopted, as applicable, from those published by the National Board for Certified Counselors (NBCC).
(c) LAC's, LPC's, LAMFT's, and LMFT's are responsible for maintaining all appropriate documentation of their continuing education hours completed during the previous twenty-four (24) months should they be required for audit review..
(d) A percentage of all renewal notices will be audited and each licensee must submit proper documentation of CEU credit. One-third of the file numbers each year may be selected for audit.
(e) If the licensee has not accumulated the required continuing education hours, the licensee may take the NCE, NCMHCE, or the AAMFT examination and meet the national pass score as a substitute for continuing education clock hours.
(f) American Association of Christian Counselors (AACC) continuing education documentation CEU'S related to Counseling or Marriage and Family Therapy is acceptable.
(g) The Arkansas Board of Examiners in Counseling does not screen programs offered by providers of continuing education. Providers are required to secure Approved Provider Status through NBCC, AAMFT, AACC, APA, CROC, etc., prior to advertising the programs as approved for license renewal purposes. With official documentation, the continuing education program hours related to counseling or therapy that are offered by Arkansas universities and Arkansas state departments will be accepted.
(h) The maximum number of continuing education clock hours to be approved for reading/reviewing journal articles or newsletter articles shall not exceed six (6) clock hours) in a two year renewal cycle.
(i) The maximum number of online continuing education clock hours to be approved for renewal of the Supervision Specialization License shall not exceed three (3) clock hours. Three (3) clock hours must be from participation in a regional university continuing education program or from an ArCA, ArMHCA, ArACES, ArLCAor AxMFl' Conference program or acquired from participation at national conferences such as the Association for Counselor Education & Supervision (ACES).
(j) All specialization licenses are required to have six (6) hours of CEU training specific to the specialization license.
Section 7.4 STATEMENT OF INTENT
(a) A new Statement of Intent (Scope of Practice) must be received with the renewal fee and continuing education documentation for any license to be renewed. The Statement of Intent must be reviewed carefully and at least one theoretical approach to counseling must be checked and some techniques used in conjunction with that approach must be checked.
(b) The approved Statement of Intent (Scope of Practice) will be in force for the valid license date.
(c) Each page of the Statement of Intent (Scope of Practice) must be signed and dated.
(d) The Statement of Intent (Scope of Practice) may be revised at any time the scope of practice changes. The revised Statement of Intent (Scope of Practice) must be submitted to the Board for approval.
Section 7.5 RENEWAL NOTICE
Notices of renewal will be sent on or about December 15 of the renewal year. A percentage of all annual renewals may be randomly audited based on file number of the applicant. Forms are available on-line and will be sent on or about January 15 for the licensee to use for the documentation of continued education, statement of intent, and other related professional activities. Completion of such documentation by the licensee is mandatory prior to license renewal.
Section 7.6 RENEWAL REQUEST UNDER EXTENUATING CIRCUMSTANCES
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.
Non-Practicing status is available for extenuating circumstances, whether health related, leaving the field temporarily, retirement or military deployment. There is a $50 bi-annual fee for file maintenance.
XII. THE PRACTICE OF INTERNET OR TELEPHONE SERVICES
The Board adopts the National Board for Certified Counselors (NBCC) document titled The Practice of Internet Counseling. 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 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 Taxonom-y 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
* Individual Counseling
* Couple Counseling
* Group Counseling
*Technology-Assisted Distance Counseling
* Telecounseling
* Telephone-Based Individual Counseling
* Telephone-Based Couple Counseling
* Telephone-Based Group Counseling
* 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
1. In situations where it is difficult to verify the identity of the Internet client, steps are taken to address impostor concerns, such as by using code words or numbers.
2. Internet counselors determine if a client is a minor and therefore in need of parental/guardian consent. When parent/guardian consent is required to provide Internet counseling to minors, the identity of the consenting person is verified.
3. As part of the counseling orientation process, the Internet counselor explains to clients the procedures for contacting the Internet counselor when he or she is offline and, in the case of asynchronous counseling, how often e-mail messages will be checked by the Internet counselor.
4. As part of the counseling orientation process, the Internet counselor explains to clients the possibility of technology failure and discusses alternative modes of communication, if that failure occurs.
5. As part of the counseling orientation process, the Internet counselor explains to clients how to cope with potential misunderstandings when visual cues do not exist.
6. As a part of the counseling orientation process, the Internet counselor collaborates with the Internet client to identify an appropriately trained professional who can provide local assistance, including crisis intervention, if needed. The Internet counselor and Internet client should also collaborate to determine the local crisis hotline telephone number and the local emergency telephone number.
7. The Internet counselor has an obligation, when appropriate, to make clients aware of free public access points to the Internet within the community for accessing Internet counseling or Web-based assessment, information, and instructional resources.
8. Within the limits of readily available technology, Internet counselors have an obligation to make their Web site a barrier-free environment to clients with disabilities.
9. Internet counselors are aware that some clients may communicate in different languages, live in different time zones, and have unique cultural perspectives. Internet counselors are also aware that local conditions and events may impact the client.
Confidentiality in Internet Counseling
10. The Internet counselor informs Internet clients of encryption methods being used to help insure the security of client/counselor/supervisor communications.
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.
11. The Internet counselor informs Internet clients if, how, and how long session data are being preserved.
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.
12. Internet counselors follow appropriate procedures regarding the release of information for sharing Internet client information with other electronic sources.
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
13. Internet counselors review pertinent legal and ethical codes for guidance on the practice of Internet counseling and supervision.
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.
The Internet counselor's Web site provides links to websites of all appropriate certification bodies and licensure boards to facilitate consumer protection.