RULE 122.00.03-001 - Rules and Regulations

RULE 122.00.03-001. Rules and Regulations

ARKANSAS CODE ANNOTATED 17-27-101 § et seq

I. General Information

Section 1.1 Enabling Legislation

These rules and regulations are adopted pursuant to Ark. Code Ann. § 17-27-101 through 313.

Section 1.2 Definitions

"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 (Section3.5 (C)(6) of the Rules and Regulations) is required if appraising/evaluating for placement of children or adults in special programs, in institutions, etc. and if appraisals are under contracts with public schools or the Arkansas Department of Human Services.

"Consulting" means interpreting or reporting scientific fact or theory to provide assistance in solving current or potential problems of individuals, groups, or organizations.

"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.

"Licensed Associate Counselor" means any person holding himself/herself out to the public by any title or description of services incorporating the words Licensed Associate Counselor, who meets the requirements set forth in Section 3.1 of these rules and regulations, and who offers to render counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration otherwise implying licensure, training, experience, and/or expertise in counseling, and who holds a current, valid license to practice counseling under the supervision of a duly Licensed Professional Counselor. Nothing in this definition shall be construed to include those professions excluded by Ark. Code Ann. § 17-27-103.

"Licensed Associate Marriage and Family Therapist" means any person who holds himself/herself out to the public by any title or description of services incorporating the words licensed associate marriage and family therapist, who meets the requirements set forth in Section 3.3 of these rules and regulations; offers to render marriage and family therapy services to individuals, couples and families, singularly or in groups for monetary remuneration; or holds a current, valid license to practice marriage and family therapy services under the supervision of a licensed marriage and family therapist. Nothing in this definition shall be construed to include those professions excluded by Ark. Code Ann. § 17-27-103.

"Licensed Marriage and Family Therapist" means any person who: holds himself/herself out to the public by any title or description of services incorporating the words licensed marriage and family therapist, who meets the requirements set forth in Section 3.4 of the rules and regulations; offers to render marriage and family therapy services to individuals, groups, couples, families, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise implying that he or she is licensed, trained, experienced, or an expert in marriage and family therapy; or holds a current, valid license to practice marriage and family therapy. Nothing in this definition shall be construed to include those professions excluded by Ark. Code Ann. § 17-27-103.

"Licensed Professional Counselor" shall mean any person holding himself/herself out to the public by any title or description of services incorporating the words Licensed Professional Counselor, who meets the requirements set forth in Section 3.2 of the rules and regulations, and who offers to render counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or to the general public for monetary remuneration or who otherwise implies licensure, training, experience, and/or expertise in counseling and who holds a current valid license to practice counseling/psychotherapy. Nothing in this definition shall be construed to include those professions excluded by Ark. Code Ann. § 17-27-103.

"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).

"Marriage and Family Therapy" means the use of scientific and applied marriage and family theories, methods and procedures for the purpose of describing, evaluating and modifying marital, family and individual behavior within the context of marital and family systems, including the context of marital formation and dissolution. Marriage and family therapy is based on systems theories, marriage and family development, normal and dysfunctional behavior, human sexuality and psychotherapeutic, marital and family therapy theories, and techniques in the evaluation, assessment and treatment of interpersonal or intrapersonal dysfunction within the context of marriage and family systems. Marriage and family therapy may also include clinical research into more effective methods for the treatment and prevention of the above-named conditions. Nothing in this definition or in this chapter shall be construed as precluding licensed professional counselors or licensed associate counselors from rendering these services.

"Privileged Communication" shall mean any communication between client and counselor given in confidence and not intended to be disclosed to third persons other than those to whom disclosure is made in the furtherance of the rendition of professional services to the client.

"Referral activities" means the evaluating of data to identify problems and to determine the advisability of referral to other specialists.

"Relevant Professional" or "Continued Education Experience" means documented training, workshops, institutes, seminars, etc., primarily counseling in content. The Board must approve professional and continuing education workshops.

"Research activities" means reporting, designing, conducting, or consulting on research in counseling with human subjects.

"Statement of Professional Intent" means a typed statement from the applicant, on file with the Board, describing the scope of practice for use under the requested license, the public with whom the applicant will work, and the counseling/psychotherapy and appraisal approaches the applicant plans to use (including techniques and tools).

"Supervision" means professional monitoring and reporting (a) of a Licensed Associate Counselor (LAC) by an individual licensed as a LAC supervisor and (b) of a Licensed Associate Marriage and Family Therapist (LAMFT) by an individual licensed as a LMFT supervisor.

II. Exemptions

Section 2.1 Clergy

(a) Clergy appointed and/or endorsed to practice pastoral counseling as long as they are operating in a role within the congregation or synagogue or ministry assignment (such as Pastor, Associate Minister, Staff member, Institutional Chaplain -military, hospital, industrial, etc.) and are serving members of that assignment are exempt from licensure requirements.

(b) Any minister, clergy or pastoral counselor who has a private practice, offers services to persons outside membership of their assignment or accepts fees from any source, such as third party payments, clients, donations, etc., or from people outside their congregations, church, synagogue, or immediate work (such as chaplaincy) or offers counseling services to the public must be licensed by this Board. This includes part-time, private practice provided in addition to or beyond the documented assigned, ministry work as pastor, chaplain, etc.

III. Licensing Qualifications

Section 3.1 Licensed Associate Counselor

In order to be eligible as a Licensed Associate Counselor, an applicant:

(a) Must be a major in the state of Arkansas;

(b) 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) or equivalent;

(c) Must demonstrate professional competencies by passing written, oral, and situational examinations as prescribed by the Board;

(d) 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 or to seeing clients;

(e) Must have met the criminal background check mandated by Act 1317 of 1997;

(f) 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. The green card must be current and issued by the U.S. Immigration Bureau.

Section 3.2 Licensed Professional Counselor - Requirements

In order to be eligible as a Licensed Professional Counselor, an applicant:

(a) Must meet the requirements of Section 3.1with the exception of (d); and

(b) Must provide evidence of three years of supervised full-time experience in professional counseling beyond the Master's Degree acceptable to the Board. One year of experience may be gained for each 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 Therapist

In order to be eligible as a Licensed Associate Marriage and Family Therapist, an applicant:

(a) Must be a major in the state of Arkansas;

(b) 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 Counselor Related Education Programs (CACREP) or equivalent;

(c) Must demonstrate professional competencies by passing written, oral, and situational examinations prescribed by the Board;

(d) 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 an to seeing clients;

(e) Must have met the Criminal Background Check mandated by Act 1317 of 1997;

(f) 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. The green card must be current and issued by the U.S. Immigration Bureau.

Section 3.4 Licensed Marriage and Family Therapist

In order to be eligible as a Licensed Marriage and Family Therapist, an applicant:

(a) Must be a major in the state of Arkansas;

(b) 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 version 10.1) or the Council for Accreditation of Counseling and Related Educational Programs (CACREP) 2001 Standards, pages 87-88;

(c) Must demonstrate professional competencies by passing written, oral, and situational examinations prescribed by the Board;

(d) Must have met the Criminal Background Check mandated by Act 1317 of 1997;

(e) 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

(f) Must provide evidence of three years of supervised full-time experience in marriage and family therapy beyond the Master's Degree acceptable to the Board. One year of experience may be gained for each 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 Specialization Areas

(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, Career Counseling, School Counseling, Clinical Mental Health Counseling/Psychotherapy, Geriatric Counseling, Counseling Supervision, Drug & Alcohol, Addictions, Appraisal, Art, Music, Mediation, or other specified counseling areas. 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 issued by the National Board for Certified Counselors (NBCC) or the American Association for Marriage and Family Therapist will be accepted as evidence of specialization. If no national standards are available the Board will adopt the highest Arkansas state standards available for the approved specialization.

(c) Specialization licenses include:

(1) Gerontology specialization license with the standard for issue being NBCC certification.

(2) Career specialization license standard with the standard for issue being past criterion set by NBCC.

(3) Art Therapy specialization license with the standard for issue being the American Art Therapy Association standards.

(4) Pastoral Counseling specialization license standard for issue for Clergy who are licensed by this Board and who are credentialed as member, fellow, or diplomate by the American Association of Pastoral Counselors (AAPC).

(5) 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).

(6) . Appraisal Specialization license standards for issue being for the Counselor/Therapist who meets (A) or (B):

(A) The curriculum and assessment experience standards acceptable for the School Psychology Specialist Specialization Certification/License issued by the State Department of Education.

OR

(B) The standards for the School Psychologists from the (NASP) National Association of School Psychologists.

(7) 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) 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; or

(iii) A completed Board approved training (specific to the supervision license, LAC or LAMFT) in supervision of at least forty-five (45) clock hours class instruction and eighteen (18) hours of supervised experience of supervision arranged by the trainers.

(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; and

(iii) An Oral Examination with the Board

(8) Mediation Specialization license standard for issue being the Certification Standards established by the Arkansas Commission for Mediation.

(d) Specialization requests not already specified will be reviewed by the Board and standards established as needed.

(e) Licensed Counselors or Therapists 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 3.6 Coursework 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 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) 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 July 1, 2003), 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 Commission on Accreditation for Marriage and Family Therapy Education Standards (COMFTE version 10.1) or CACREP Standards - 2001 Edition, pages 87-88, for Marriage and Family Therapy.

(d) Effective January 1, 2003 the following courses are recommended to meet the minimum of sixty (60) graduate hours for an application to be accepted and processed:

(1) Psychopharmacology;

(2) Psychopathology, including DSM and ICD training; and

(3) Family and Relationship.

Effective January 1, 2005 the courses (1-3) listed above will move from recommended elective courses to mandated core curriculum courses.

Documentation from the institution issuing the credit must be attached to the Core Curriculum section of the application to verify that all course standards are met if not previously filed with and approved by the Arkansas Board.

(e)

(1) Core Curriculum for LAC or LPC includes:

(A) Professional Identity, Pages 60-61. (3 Graduate Hour Minimum)

(B) Social and Cultural Diversity, Page 61. (3 Graduate Hour Minimum)

(C) Human Growth and Development, Pages 61-62 (3 Graduate Hour Minimum)

(D) Career Development, Page 62 (3 Graduate Hour Minimum)

(E) Helping Relations, Pages 62-63. (3 Hour Graduate Minimum)

(F) Group Work, Pages 63-64. (3 Graduate Hour Minimum)

(G) Assessment, Page 64. (3 Graduate Hour Minimum)

(H) Research and Program Evaluation, Pages 64-65. (3 Graduate Hour Minimum)

(I) Practicum and/or Internships, Pages 66-68. (9 Hour Minimum), Effective January 1, 2003

(2) Effective January 1, 2003, for an application to be accepted and processed, the core curriculum requirement of 6 semester hours of practicum/internship will change to the requirement of 9 hours of practicum/internship as defined by CACREP Standards-2001, pages 66-68. Documentation from the institution issuing the credit must be attached to the Core Curriculum section of the application to verify that standards are met.

(3) The courses listed in subsection 3.6(d) will move from recommended elective courses to mandated core curriculum courses effective January 1, 2005.

(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 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 education degrees will be treated the same as onsite education degrees if the degrees are primarily professional counseling or therapy in content and are earned from a regionally accredited institution of higher education and the distance education degree programs are accredited as required.

(2) Each course within the degree must meet the requirements in CACREP Standards-2001, pages 60-88. Courses must be graduate credit, meet the CACREP standards, and meet the American Counselor Educators and Supervisors (ACES) course guidelines. ACES Technology Interest Network 1999, course quality items 1-26, are adopted for distance learning courses.

(3) Cyber learning includes distance 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, video conferencing, and videotapes. Instruction may be synchronous or asynchronous. Video tapes may not comprise more than 20% of the instruction time in any one course.

(i) The responsibility 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 applicant. The Board review and acceptance/denial of each course is mandated prior to the application being processed for any Arkansas license issued by the Board.

(j)

(1) Any institution of higher education that has graduate counselor education and related graduate programs that is not accredited/certified by CACREP or one of the following that are adopted by the Board as equivalent to the standards: The Council on Rehabilitation Education (CORE, 2001 edition), the United States Department of Education, the Council for Higher Education Accreditation, (CHEA). Institutions accredited by other nationally recognized accrediting bodies must seek and secure endorsement equivalency to the adopted standards from the Arkansas Board of Examiners in Counseling. The 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:

(A) Ten (10) graduate catalogs;

(B) A completed Core Curriculum for the 60 hour requirements, effective January 1, 2003 with the course numbers and titles from the graduate program;

(C) A copy of each syllabus listed on the Core Curriculum;

(D) A letter from the university verifying that the content of the courses are equivalent to the CACREP Standards, 2001. The CACREP Course Standards-2001 are the standards used for a transcript to be processed for licensure purposes;

(E) Documentation that the quality of each course meets the Course Quality Guidelines, 1- 26, of the ACES 1999 Guidelines;

(F) 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;

(G) The software used for distance learning platform; and

(H) Any other materials the university would like to submit to the Board to support the institution's endorsement request.

(2) When the information (j) (A-H) 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 that institution. The institution has the responsibility to keep the syllabi and other university materials current to expedite any applications received from graduates of that institution. The institution has the responsibility to ensure that all courses meet the requirements set forth in the Rules/Regulations.

(3) Unacceptable coursework:

(a) Undergraduate credits will not be accepted toward the academic requirements for licensure or supervision.

(b) Graduate credits from correspondence study, on-line video courses, satellite, home study or similar non-residence credits will not be accepted toward the academic requirements for licensure nor to decrease the number of required Client Contact Hours (CCH) for supervision. Such courses may be accepted for continuing education credits upon Board approval.

(c) Courses described in (3)(b) may be accepted only for continuing education credit.

(d) No course with a grade of C or below will be accepted for licensure, continuing education, or supervision substitution purposes.

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 Arkansas 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.

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 Arkansas 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 Approved Supervisors of the American Association for Marriage and Family Therapists 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.

(b) Counselors or therapists licensed at the associate level must complete three years of direct, face to face, Client Contact Hours (CCH) with supervision. One year is defined as 1000 supervised CCH. Supervision will be completed in following three years/phases:

(1) Year I (Phase I) is supervision of 1,000 CCH at a ratio of 1 hour of supervision per 10 CCH

(2) Year II (Phase II) is supervision of 1,000 CCH at a ratio of 1 hour of supervision per 15 CCH

(3) Year III (Phase III) is supervision of 1,000 CCH at a ratio of 1 hour of supervision per 30 CCH

(c) All required supervision will begin with Phase I. All supervision in Phase I must be completed before beginning Phase II, and all in Phase II must be completed before beginning Phase III. All post-master's course work to be substituted for supervision will be applied to Phase III, then Phase II. All documented supervised work from other states, approved by the Board, will be applied to Phase III and then Phase II.

(d) Supervised experience will be credited at the ratio specified by the Board and must consist of face-to-face supervision in either individual and/or group format. Indirect services are not credited for the required supervised work. Hours spent conducting Psycho educational groups (whether inpatient/outpatient or at other locations) may not be credited as therapy/counseling for the required supervised work.

(e) Group supervision will not exceed half of the total Board specified supervision requirement. A supervision group is defined as consisting of two (2) to five (5) supervisees with their contracted supervisor.

(f) The contracted supervisor may not delegate supervision responsibility to any other individual.

(g) 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 graduate coursework acceptable to the Board for Phase III and then for Phase II. The maximum of 60 hours of graduate work may be substituted for face-to-face supervision. In no case may the Board waive the Phase I (1000 CCH at the 1:10 ratio) supervision requirements.

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 will 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 will result in license suspension or revocation.

(c) Counselors or Marriage 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 12:01 midnight 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 ten (10) active supervision contracts at any given time. If ten supervision agreements are on record, the supervisor may submit a written appeal for Board approval of inactive contracts. Attached to the appeal must be documentation of the extenuating circumstances. Board approval and directive must be completed prior to expansion of the ten contracts on file with the Board office.

(c) The Board office staff may not approve supervision contract/agreements to exceed ten (10) 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) Supervisors must carefully avoid multiple relationships with supervisees that interfere with the supervisory relationship; such as, having the ability to hire or dismiss the supervisee from employment.

(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.

Section 4.4 Supervision of Client Contact Hour Report and Supervision Evaluation

(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 thirty-one to sixty days (31-60) days in arrears 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) Reports submitted sixty-one (61) days in arrears will not be accepted by the Board for the contract period in question. 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.

V. Application Requirements

Section 5.1 Statement of Professional Intent

The Statement of Intent (Scope of Practice) to practice must be machine produced, either by word processing or typing, signed and dated on each page. The statement must be consistent with the credentials documented in the application for licensure and include a satisfactory response to all items on the Statement of Intent (Scope of Practice) form.

Section 5.2 Transcripts

(a) Applicants must submit official transcript documentation for Board review. The Board office staff will review applicants' transcripts to ensure:

(1) That all academic coursework for licensure has been completed at institutions of higher education having accreditation duly recognized by the Board for degree programs and courses;

(2) That applicants are minimally qualified to sit for the appropriate written examination (s) by having completed either the required CACREP or COAMFTE core curriculum courses; and

(3) That core curriculum courses have been completed prior to admission to written examination/examinations unless exempt under section 6.2 (d).

(4) That all course grades are B or above.

(b) If the transcript courses titles are ambiguous or do not adequately convey the pertinent content of the courses, the Board office staff is to request documentation of content from the applicant for clarification purposes.

Section 5.3 Proof of Supervision

The applicant will submit a record of post-master's supervised counseling work experience and/or marriage and family therapy supervised work related work experience for Board approval. The approved experience will determine the applicant's license (Associate or Professional) level.

Section 5.4 References

(a) The applicant will submit a minimum of three (3) references. Copies of references sent directly from other state boards or university placement centers will be accepted by endorsement if no more than five years old. Two of the three must be from mental health professionals. One may be from personal choice.

(b) The Board will not accept evaluations recommendations, and documentation of supervised experience from persons related either by blood (both lineal and collateral consanguinity) or marriage (affinity). Current members of the Board may not submit references for the applicants.

(c) If a Board member supervised an applicant in graduate courses, the supervision may be documented and verified by that Board member. A Board member will not lead the Oral Examination nor evaluate the application file of a former student.

Section 5.5 Board Decisions

An affirmative vote of a majority of those Board members present and voting will be held as evidence that the applicant:

(a) Has passed the oral examination.

(b) Has to pass a situational examination required because of unresolved questions.

(c) Application be processed for the Associate or the Professional License as determined by the documented, approved post-master's work experience.

(d) Has been denied the license. The applicant will be so notified by certified or signature confirmation mail. Specific reasons for the denial will be stated.

(e) Has been granted the license based on satisfactory completion of the application process.

Section 5.6 Applicant Status with Other Professional Organizations and Boards

Applications from individuals who are under investigation, sanction, probation, disciplinary supervision, revocation, or rehabilitation by counseling, psychology, social work, or other related Boards or credentialing bodies will not be considered for an Arkansas license until documentation from the issuing body is received that the sanctions are removed or completed. Applications from individuals who have violations of Ark. Code Ann. § 17-27-313 and are pardoned by the Governor are not exempt from the requirements of Ark. Code Ann § 17-27-313.

Section 5.7 Duration of Application

(a) Applications are active for twelve (12) calendar months from the date the application is received in the Board office.

(b) If the application process is not completed and the license issued in the twelve months, an applicant may request Board approval for an extension of the twelve month application window. If an extension is not requested, or is denied, the application becomes void and the individual must apply as any new applicant at any future date.

(c) If new requirements have been placed for applicants in the twelve-month window the Board may require that the new requirements be met within the extension period as part of the application extension approval.

(d) A second extension period is discouraged and will only be considered by the Board when very unusual, extenuating circumstances are documented.

VI. Examinations

Section 6.1 General Administration

(a) An applicant, whose credentials meet the requirements of Ark. Code Ann. § 17-27-301 through 305, will be scheduled for written and oral examinations by the Board staff. Situational examinations may be required by the Board if deemed necessary.

(b) The Board administrative staff will compile lists of applicants who have met all requirements for admission to the NCE, AMFTRB, and/or NCMHCE examination(s). The list will be supplied to the national test administrators on the deadline date for the designated examination.

(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).

(d) National cut-off scores established by the national examination agencies for each examination date are the minimum scores accepted by the Arkansas 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) Examinations may be repeated once.

(h) Failure to pass written, oral, or situational examination(s) in two trials will result in removal of the applicant's file from active status. The applicant must wait two years 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 examinations may not be made 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 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 9.1(c)].

(2) Marriage and Family Therapist applicants must satisfactorily complete the American Marriage and Family Therapy Regulatory Board (AMFTRB) examination.

(b) 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.

(c) 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 national organization'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 4 weeks prior to the test application deadline set by the national examining organization.

(d) 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 applicants for licensure must complete an oral examination prior to being granted a license as:

(1) Associate Counselor

(2) Associate Marriage and Family Therapist

(3) Professional Counselor

(4) Marriage and Family Therapist

(5) Clinical Supervisor Supervision License

(6) Clinical Mental Health Counselor Specialization License

(b) Oral Examination - An oral examination will be scheduled for applicants upon receipt by the Board office staff of a passing score on the written examination, their final official transcripts, reflecting degree completion, and all other application requirements completed.

(c) The oral examination will 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) Oral Examination Waiver option for Licensed Associate Counselors - The National Clinical Mental Health Counseling Examination (NCMHCE) optionis available for the Licensed Associate Counselor (LAC) who petitions for the Licensed Professional Counselor (LPC) license upon completion of the required supervised Client Contact Hours (CCH) as a Licensed Associate Counselor (LAC).

(1) The LAC may petition the Board to take the NCMHCE with approval of the contracted supervisor. When approved, the applicant may apply to NBCC and take the NCMHCE upon completion of 2500 CCH of the required supervision. The passing score will be the national cut off score.

(2) No oral examination will be required if the LAC petitions to become a LPC under the NCMHCE option. When the passing score on the NCMHCE, all supervised CCH's are completed and documented, revised Statement of Intent and LPC license fee are received, the LPC License may be issued and supervision may cease.

(3) If the LAC/LPC applies for the Arkansas Clinical Mental Health Counselor License and has completed the NCMHCE option, the applicant must come for an Oral Examination with the Board for that specialization license.

(4) Test dates for the NCMHCE will be the same as the dates established for the NCE and all examinations will be administered by NBCC. The candidate will send test application and test fee directly to NBCC.

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 video tape. A consent and release statement signed by each participant must accompany such recordings. 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 videotape. At least one reviewer will have specialized knowledge appropriate to the tape under review.

(b) The Board does not routinely require a situational examination be passed prior to the 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 will consist of a videotaped recording of the applicant engaged in a counseling interaction with an internship client or volunteer.

(d) Volunteer clients to make the situational tapes 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 videotape.

(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 tape review and evaluation forms signed by the Board will be retained in the applicant's file.

(f) Videotape(s) from situational examination(s) are to 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 references or recommendations;

(4) Clarification of Statement of Intent;

(5) Situational Examination; and

(6) 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/therapist.

Section 6.6 Fees

(a) Written examination fees are determined by the national testing company.

(b) An examination fee will 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 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 web (www.state.ar.us/abec) and are in each application packet.

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.

Section 7.2 Renewal Fees

(a) The biennial license renewal fee is due and payable by June 30 of the renewal year. Checks should be made payable to the Arkansas Board of Examiners in Counseling. The Board will establish and determine appropriate fees and adjust according to operational expenses.

(b) A late fee will be assessed if the envelope containing 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. Such lapsed license may be renewed within a period of twelve (12) months year by payment of all fees in arrears.

(e) Failure to renew a license within twelve (12) months from the date of expiration will necessitate applying for the license as a new applicant. The Board may require an appearance before the Board to explain the failure to meet renewal deadlines.

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 and evidence of same on file in the Board office. Twenty-two (22) of the twenty-four (24) clock hours must support the licensee's statement of intent. The minimum of two (2) clock hours must be in ethics.

(b) The continuing education policies for documentation and reporting for renewal purposes are adopted, as applicable, from those published by the National Board for Counselor Certification (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) 90% of license renewals are not required to submit documentation for continuing education. 10% of all renewal notices will be audited and must submit documentation.

(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) Individuals holding both the Counseling and the Marriage and Family Therapy Licenses are required to obtain twenty-four (24) clock hours of CEU credit for each license with the minimum of two of the required hours being in ethics for each license. CEU credit must be applicable to each license per licensing period. The same hours may not be submitted for both licenses even if renewal year is the same; for example; if renewing both at the same time, the total of forty-eight (48) hours and four (4) clock hours of CEU credit will be required.

(g) American Association of Christian Counselors (AACC) continuing education documentation CEU'S related to Counseling or Marriage and Family Therapy is acceptable.

(h) 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, 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.

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 typed or word-processed in the format required by the Board.

(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

(a) Notices of renewal will be mailed by the Secretary of the Board, on or about, April 1 of the renewal year. Accompanying these notices will be forms for the licensee to use for the documentation of continued education, statement of intent, and other related professional activities. Completion of such documentation by the licensee is mandatory prior to license renewal.

(b) Notices of renewal will be mailed, on or about, March 1, of the renewal year for the 10% of the renewal randomly selected for continuing education audit.

VIII. Discipline

Section 8.1 Complaints

(a) When information/complaint that may affect the licensure of an applicant is presented to the Board, the informant is required to present the information to the Board in signed, written form unless this creates eminent danger to the informant.

(b) The complaint is investigated following the Arkansas Administrative Procedure Act, found at Ark. Code Ann. § 25-15-201et seq.

(c) Following the investigation the Board may by majority vote:

(1) Close the complaint with no further action.

(2) Process a Consent Order and Resolution Agreement with the licensee that specifies conditions to be met and maintained. If the licensee fails to keep all conditions of the agreement, an Administrative Hearing will be held for the purpose of disciplinary action.

(3) Hold an Administrative Hearing for the purpose of disciplinary action.

(d) Standards and processes of the American Counseling Association April 1995 edition, effective July 1, 1995, pages 27-36, will be followed as closely as possible for processing complaints.

Section 8.2 Hearings

(a) Any applicant or licensee who has been aggrieved by an action of the Board shall be entitled to the provisions under Ark. Code Ann. § 25-15-201et seq.

Section 8.3 Suspension, Revocation, Denial of Renewal

(a) In accordance with Ark. Code Ann. § 25-15-201et seq. (Arkansas Administration Procedure Act), the Board will suspend, revoke, or deny renewal of any license if the Board finds that the holder thereof:

(1) Has been found guilty of violating any ethical or professional standard under which the license holder practices.

(2) Has not paid biennial renewal fee within the time stated.

(3) Has not satisfied the Board, by June 30 of the renewal year, with evidence of the completion of relevant professional or continued education experience.

(4) Has been found to be incompetent, has misused the license, or has been negligent in the rendering of counseling services.

(5) Has been convicted of a felony.

(6) Has failed to follow any special directions of the Board.

(7) Has had one's professional license/certificate revoked suspended, or under investigation by any other Arkansas Board or certifying/licensing agency or by any state Board or certifying/licensing agency.

(8) Has failed to meet requirements of the Criminal Background Check. (Act 1317 of 1997)

(b) If the Board finds that it has erred in the granting of a license, the Board will give written notice by certified or signature confirmation mail of intent to annul the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within 30 days.

(c) A period of suspension shall not exceed six (6) months. During the period of suspension, the licensee shall not practice counseling/therapy in the state of Arkansas. At the conclusion of the period of suspension, an individual may petition the Board for reinstatement. Failure to meet any requirements of the Board during the period of suspension may result in revocation of the license.

(d) 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/therapy and/or false representation as a licensed counselor/therapist.

Section 8.4 Unauthorized Counseling

(a) When the Board is made aware of a violation, or possible violation, of Ark. Code Ann. § 17-27-101et seq., a certified or registered letter with return receipt, showing delivery to addressee only, shall be mailed to the last known address of the person in question. The letter will direct attention to pertinent aspects of the law and the rules and regulations of the law.

(b) If this does not induce said person to cease violation and to desist from practicing, holding himself/herself out to practice, and/or from practicing, holding himself/herself out to practice, and/or use of title, in violation, the information shall be forwarded to the appropriate law enforcement authorities.

(c) This violation will be deemed a Class "A" Misdemeanor. The violator, upon conviction, shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and the violator may be imprisoned for a term not exceeding one (1) year. Each violation and conviction shall be deemed a separate offense.

IX. Licensing Under Special Conditions

Section 9.1 Reciprocity

No reciprocity agreement exits between other states or other Arkansas agencies. Applicants from other states or Arkansas agencies must apply and complete the formal application process prior to license issue. The following apply to the process:

(a) An applicant who has been licensed as a counselor or mental health professional in other state/states or by other Arkansas agencies must submit a License Verification Form (LVF) from each state or agency prior to the oral examination.

(b) Wavier of the NCE, NCMHCE, or the AMFTRB may be granted when the Board has determined that another examination is equivalent or an endorsement agreement has been reached with the other boards or agencies responsible for licensing Counselors/Therapists.

(c) Applicants moving from another state, who hold their licenses from that state under grandfathering, and were not previously tested for licensure, will be required to satisfactorily complete the National Clinical Mental Health Counseling Self-Assessment Examination (NCMHCE).

(d) If requirements for full license (LPC or LMFT) in another state required 2000 Client Contact Hours (CCH) and applicant has passed appropriate National Exam (NCE, AMFTRB or NCMHCE), the applicant will need to document an additional 1000 CCH of supervision or the application will be processed for LAC or LAMFT. The 2000 CCH from another state will be applied first to year three, then year two. The 1000 CCH to be earned in Arkansas must be year one and supervision provided at the ratio of one (1) hour of supervision for each ten (10) hours of client contact.

(e) Acceptability of supervision, gained prior to application, under other Licensing Boards, will be judged according to:

(1) The ethical and professional standards of the Association for Counselor Education and Supervision or the Commission on Accreditation of Marriage and Family Therapy Education, the American Association for Pastoral Counselors, Council for Accreditation of Counseling and Related Educational Programs, National Board for Certifying Counselors, Commission on Rehabilitation Counselor Certification.

(2) The appropriateness of the supervisory relationship.

(3) The direct counseling hours performed while under supervision. Supervised experience will be credited at the ratio specified by the Board and must consist of face-to-face supervision in either individual and/or group format. Indirect services are not credited for the required supervised work. Graduate school practicum or Internship hours are not credited for the required supervised professional work. Hours spent conducting Psycho educational groups (whether inpatient/outpatient or at other locations) may not be credited as therapy/counseling for the required supervised work.

(f) Acceptable Post-Master's Supervision may include:

(1) A recognized post-master's internship training program

(2) Supervised CCH approved by another state's counseling Licensure Board or Marriage and Family Therapy Board

(3) Supervision approved by NBCC, AAMFT, CRCC or AAPC

(4) Supervised counseling/therapist hours accrued during employment in a private practice, agency or institution that meet Board adopted supervision criteria.

Section 9.2 Out of State Consulting

(a) Non-resident persons who are licensed by Counseling or Marriage and Family Therapy regulatory boards in other states or countries may provide consulting or research services within Arkansas for not more than thirty (30) days (discontinuous or continuous) per calendar year.

(b) Consultant is defined as a licensed LPC/LMFT who has practiced as a professional for a minimum of three (3) years in another state and contracts with an Arkansas agency or institution for research, workshops, training, or for providing advice and guidance on professional issues.

(c) Consultant activities and services must be short-term and contractual and must be sponsored and supervised by a licensed Arkansas LPC or LMFT.

(d) Prospective employees, moving to Arkansas from another state, who are applying for an Arkansas license are not to be considered consultants and are not exempt from licensure.

Section 9.3 Other Professionals and Agencies

(a) Neither the National Counselor Examination nor the Association of Marital and Family Therapy Regulatory Board Examination will be waived for licensed Psychologists who apply for a license from the Counseling Board.

(b) Licensed Psychological Examiners (LPE) who apply for a counseling or a marriage and family therapy license must complete the supervision requirements in Phase I (1000 Client Contact Hours at the ratio of one (1) hour of supervision for each ten (10) hours of direct client contact). The maximum of two (2) years of supervised professional experience may be submitted for approval by the Board if the applicant documents supervised experience consistent with his/her Statement of Intent by submitting:

(1) Documentation from the Arkansas Board of Examiners in Psychology (ABEP)

(2) Statement from the ABEP or LPE supervisor verifying the ratio of supervision to CCH and that the scope of the practice supervised was not related to assessment, appraisal, testing, or indirect hours as part of their practice

(c) Any person holding a license from the Arkansas Board of Examiners in Psychology (ABEP) will not be approved for any appraisal, assessment, or testing under any license issued by this Board. All appraisal activities will be regulated by the ABEP for any persons licensed by both the Board of Examiners in Counseling and Board of Examiners in Psychology.

(d)

(1) Clergy who are credentialed as member, fellow, or diplomat by the American Association of Pastoral Counselors (AAPC) or other Board-approved credentialing organizations will be accepted as meeting the Board definition of equivalent training for Licensed Associate or Professional Counselor/Therapist.

(2) Upon completion of the application process, providing a passing score on one of the written examinations (National Counseling Examination, Marriage and Family Therapy Examination, Pastoral Counselor Examination or equivalent), passing the situational and oral exams, clergy applicants with appropriate documented experience will be granted the Licensed Counselor/Therapist license with the specialty license as pastoral counselor/therapist.

(e) Applicants for the Licensed Professional Counselor license who hold a master's degree and who are credentialed as CRC by the Commission on Rehabilitation Counselor Certification (CRCC) standards adopted by CRCC July 1, 2003 will be accepted as meeting the Board definition of equivalent/parallel training for licensed Associate or Professional Counselor/Therapist provided the core curriculum courses are included in the degree or in post-master's course work. The National Certifying Examination for Rehabilitation Counselors (NCERC) has not been determined equivalent to the National Counseling Examination (NCE) and will not be substituted for the NCE for the LPC license. The NCERC will be accepted for the Rehabilitation Counselor Specialization License.

X. Records

Section 10.1 Board Records

In accordance with Ark. Code Ann. § 25-19-101et seq., examination and copying of public records, client records "such as state income tax returns, medical records, scholastic records, adoption records, and other similar records which by law are required to be closed to the public shall not be deemed to be made open to the public."

XI. Ethics

Section 11.1 Standards

(a) The Arkansas Board of Examiners in Counseling (ARBOEC) adopted the 1995 revision of the American Counseling Association (ACA) Code of Ethical Standards with the exception of the addition given be the A.C.A dated October 1999 on "Ethical Standards of Internet On-Line-Counseling". The Internet On-Line-Counseling section is deemed by this Board as notappropriate practice or behavior to govern appropriate practice referred to in Ark. Code Ann. § 17-27-101 § et seq. based on the following rationales:

(1) The Board is not currently convinced of the means of protecting Arkansas's citizens in the area of On-Line-Counseling.

(2) Currently, technology is not secure enough to ensure confidentiality for clients.

(3) Currently, adequate training for the different counseling approaches is needed for on-line-counseling. There is no way to identify the training, if it exists.

(4) Currently, adequate supervision for on-line-counseling is not available in the state.

(5) Currently, there is no way for the Board to regulate On-Line-Counseling practices.

(6) The public cannot be adequately protected.

(b) The American Counseling Association (ACA) Code of Ethics and Standards of Practice, 1995, are adopted for all persons holding a LPC/LAC license.

(c) The American Association of Marriage and Family Therapist (AAMFT) Ethical Code, 2001, is adopted for all persons holding a LMFT/LAMFT license.

(d) Licensees holding multiple licenses must adhere to the codes of ethics of all professional certificates/licenses held and to the more stringent of the codes of ethics where there may be any appearance of conflict between codes.

XII. Counselor - Client Communications

Section 12.1 Counselor - Client Communications

All counselor - client communications shall be placed on the same basis as those between an attorney and a client. The Lawyer - Client privilege is defined and regulated by Rule 502 of the Arkansas Rules of Evidence.

XIII. Creation -- Members

Section (c)(1)(e)(1)

The appointed replacement shall be eligible for reappointment to a full three year term upon completion of the partial term appointment created by the vacancy.

Section (c) (1)(e) (1) (g)

Board members shall be ineligible for reappointment for a period of three (3) years following completion of each full, three (3) year term.

(12/4/2003)

The following state regulations pages link to this page.