RULE 122.00.06-001 - Rules and Regulations

RULE 122.00.06-001. Rules and Regulations

ARKANSAS CODE ANNOTATED § 17-27-101 et seq

I. General Information

Section 1.1 ENABLING LEGISLATION

The Rules are adopted pursuant to Arkansas Code Annotated § 17-27-101 -313 et seq.

Preface

The Arkansas Board of Examiners in Counseling interprets the intent of the Legislature, passed as Arkansas Code Annotated § 17-27-101 -104 et esq., to provide for the licensure and regulation of Counselors and Marriage and Family Therapists. The Act is both title and practice. The Governor, who signed it into law in 1979, and the Board interprets Act 593 of 1979, as amended by Act 244 of 1997, to be for the protection of the public welfare and in the public interest.

The Board of Examiners in Counseling shall, in all deliberations and in all adopted Rules, diligently pursue goals most consistent with the public interest and shall, at all times, apply the provisions of Arkansas Code Annotated § 17-27-101, et seq and the Rules adopted, from time to time, in a fair and impartial manner.

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 and three counselor educators or supervisors, one of which shall also be a licensed Marriage and Family Therapist, if available, and one (1) non-licensed individual who represents the general public. The seven are recommended to the governor by November 1 each year by the Executive Committee of the Arkansas Counseling Association (ArCA) or the Executive Committee of the Arkansas Mental Health Counseling Association (ArMHCA). One (1) licensed Marriage and Family Therapist shall be recommended to the governor by the Board of Directors of the Arkansas Association for Marriage and Family Therapists (ArAMFT). One (1) non-licensed member shall represent the over sixty populations and is selected by the governor from the general population. Section (c)(1)(e)(1)

The appointed replacement shall be eligible for reappointment to a full three year term upon completion of the partial term appointment created by the vacancy. Section (c) (1)(e) (1) (g)

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

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 § 25-19-101 et seq).

In accordance with Arkansas Code Annotated § 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."

Individual files, not required to be kept for historical purposes (Act 918 of 2005- An Act Concerning the Retention of Public Records by State Agencies), will be destroyed after five years. Examples are: incomplete application files, non renewed licensee files, and files of deceased persons. If any form of disciplinary action was recorded for any licensee or applicant, the files will be kept permanently and never destroyed. If persons who no longer hold a license or failed to be granted a license have a file in the "DO NOT DESTROY" files and apply for a license, the old file will be combined with the new application for Board review.

Information for public guidance will follow Arkansas Code Annotated § 25-19-108 of the Arkansas Freedom of Information Act for public distribution.

The Board will periodically release names of new licensees and the names of those licensees whose licenses have been suspended or revoked, and those who are appealing a suspension or a revocation, to the Arkansas Counseling Association, to the Arkansas Association of Marriage and Family Therapy, and the Arkansas Mental Health Counselors Association for publication in their newsletters.

A periodic press release may be issued to state-wide newspapers listing licenses issued, suspended, and revoked. If the suspension or revocation is under appeal it will be so noted.

Final decisions arrived at through administrative hearings will be available to requesters [including third party payers]. These decisions will be available through the Board's web site or by written request from the Board office.

Section 1.4 PURPOSE OF ORGANIZATION

Law charges the Board with the responsibility for the regulation of the titles and the practices of Counseling and Marriage and Family Therapy and Specialization Licenses related to Counseling and Marriage and Family Therapy in the State of Arkansas. This includes examining the qualifications of the applicants and approving each for licensing, as well as revoking, suspending, and renewing licenses.

Persons engaged in practices/activities of Counseling or Marriage and Family Therapy to individuals or groups in Arkansas must hold an Arkansas license for whatever method the services are offered, rendered or delivered. These regulations apply to all traditional approaches and to all technology-assisted distance approaches, including telephone approaches, to Counseling or Marriage and Family Therapy offered to individuals or groups in Arkansas. Telephone Crisis "Hot Lines", telephone consultation between licensed mental health providers and emergency telephone calls are exempt. Counseling or

Marriage and Family Therapy telephone services provided as a regular scope of practice, as a business, advertised to the public with hourly fees as mental health services by Counselors or Marriage and Family Therapists requires and Arkansas license.. See Section XII for the ethics, definitions and standards.

In order to protect the citizens of Arkansas, obtaining a license as a Counselor/Psychotherapist or Marriage and Family Therapist is a prerequisite to offering, rendering or delivering counseling services in Arkansas to individuals or groups located in Arkansas. The license requirement applies to traditional face to face counseling as well as to Technology-Assisted distance (electronic, computer, telephone) counseling.

If the individual or group receiving mental health services is physically located in Arkansas, the Counselor/Psychotherapist or Marriage and Family Therapist providing the services must hold an Arkansas license regardless of the whether he or she is located in-state or out of state.

If the Counselor/Psychotherapist or Marriage and Family Therapist is physically located in Arkansas, he or she must have an Arkansas license to provide Counseling/Psychotherapy or Marriage and Family Therapy services to individuals or groups located in Arkansas. If the licensee offers services to clients in another state, the licensee is subject to the laws of that state.

Section 1.5 ORGANIZATION OF THE BOARD

The Board will meet to organize within 30 days following January 2 of each year. The Board shall elect a chair and a secretary and other such officers, as it deems necessary, from its members to serve for terms of one year. Five (5) members shall at all times constitute a quorum. Additional meetings may he held at the discretion of the chair or upon written request of any three (3) members of the Board (Arkansas Code Annotated § 17-27-202 et seq).

Section 1.6 MEETINGS

Meetings of the Board, formal or informal, shall be open to the public. dates, times, and places of meetings shall be furnished to anyone requesting the information and made available to the press in compliance with Arkansas Code Annotated § 25-19-101 et seq. (Freedom of Information Act).

Under the provisions of the Arkansas Freedom of information Act the Board may go into executive session for the purpose of giving oral licensure examinations or to develop examination questions to comply with Arkansas Code Annotated § 26-179-1059(c) (5) (b). Executive session may be applied in accordance with Arkansas Code Annotated § 25-19-106(a) (c) (1) and (5) (A) (B).

Section 1.7 FINANCES

The Board shall set licensing fees and no part of any fee shall be refundable under any conditions other than failure of the Board to hold examinations at the time originally announced. All fees collected shall be held in an Arkansas Bank, chosen by the Board, with funds being disbursed in accordance with current standard state accounting procedures. In addition to fees collected, the Board is empowered to accept grants from foundations and institutions to carry out its function. The Board may hire such personnel as necessary to carry out its activities. The Chairperson, the Executive Director, or another Board member shall be bonded to handle finances of the Board in compliance with state regulations.

All receipts for fees are numbered, in triplicate and dated. Receipt numbers are to be certified by notarized letter from place of purchase.

Section 1.8 INTENT OF THE ACT

It is intended that the provisions of Arkansas Code Annotated § 17-27-101 et seq be in accordance and consistent with other licensing laws.

Section 1.9 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 [Rule Section 3.5 (C)(6)] is required if appraising/evaluating for placement of children or adults in special programs, in schools, institutions, etc. If appraisals are conducted under contracts with public schools or for the Arkansas Department of Human Services the Appraisal Specialization License must be verified prior to reimbursement to schools or individuals.

"Counseling/Psychotherapy" means assisting individuals or groups, through the counseling relationship, to develop understanding of personal problems, define goals, and plan action reflecting interests, abilities, aptitudes, and needs. Counseling/Psychotherapy is the application of mental health, psychological, or human development principles, through cognitive, affective, behavioral or systemic intervention strategies that address wellness, personal growth, or career development, as well as pathology. The terms Counseling/ Psychotherapy are used interchangeably in definitions of mental health activities in counseling textbooks

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

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

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

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

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

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

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

"Relevant Professional" or "Continued Education Experience" means documented training, workshops, institutes, seminars, etc., primarily counseling in content. The Board accepts documented clock hours as described in Section 7.3.

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

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

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

"Practicing Counselors" means individuals who apply mental health, psychological or human development principles, through cognitive, affective, behavioral or systemic intervention, strategies that address wellness, personal growth, or career development, as well as pathology.

"Counselor Educator" means Counselors who are responsible for developing, implementing, and supervising educational programs and are skilled as teachers and practitioners. They are knowledgeable regarding the ethical, legal, and regulatory aspects of the profession, are skilled in applying that knowledge, and make students and supervisees aware of their responsibilities. Counselor Educators conduct counselor education and training programs in an ethical manner and serve as role models for professional behavior. Individuals, who develop, implement/conduct and supervise comprehensive education and training programs for counseling trainees in a knowledgeable, skillful and ethical manner, and serve as culturally-aware role models for professional behavior. Counselor Educators are considered professionals at the degree level of Ed.D. or Ph.D. in counseling, psychology, or closely related field level of education who infuse material related to human diversity into all courses and/or workshops that are designed to promote the development of professional counselors. Counselor Educators are individuals whose primary profession is as a counselor educator, employed at least half time in an Arkansas institution of higher education or counselor educators retired from a higher education institution in Arkansas.

"Adjunct lecturer" means persons who teach counseling courses, part time for various reasons at universities in higher education. They are considered practicing counselors by profession, if licensed or licensable. They are eligible for board service under the practicing counselor category.

"Supervisor" means an individual who holds a state appointment as a supervisor in the State Department of Education for the purpose of promoting the development of professional counselors in the public schools and holds the EdD or the PhD level of education in counseling or related field. The intent of Act 593 of 1979 was to recognize the State Supervisors of public school counselors as equal to Counselor Educators in Higher Education as persons responsible for programs and training. The amendments of Act 244 of 1997 did not address nor change the intent of the Act 593 of 1979. Arkansas individuals who hold the LPC or LMFT license and also hold the Supervision Specialization License are approved to supervise LAC and LAMFT licensed individuals.

"Licensed or Licensable" means a person who hold an Arkansas counseling or therapy license that is in good standing with the Board or persons who have filed an application and are in the process of becoming licensed by the Counseling Board. Individuals who have an application in process but fail the examinations or fingerprint check are not considered licensable.

"Distance Learning" means distance education; learning or distance learning, a formal education process, in which instruction occurs when the student and instructor are not located in the same place. Distance learning adds technology to the learning environment by a variety of means. Instruction may be synchronous or asynchronous. Courses taught via distance learning must be approved by the Board, as per the rules for distance course work, prior to acceptance of courses used in an application for an Arkansas license. Section 3.6 (1)(h)(i)(j) As this form of education has evolved with technology, it may be referred to as cyber learning, electronic learning, distance learning. For the purposes of these rules, the term distance learning refers to all none traditional methods of presentation.

"Technology-Assisted Distance Counseling" (Electronic Counseling, Cyber Counseling) for Counseling or Marriage and Family Therapy means any form of services offered or rendered by electronic or technology-assisted approaches when the Counselor or Marriage and Family Therapist and the client are not located in the same place. Technology-Assisted Distance Counseling may be synchronous or asynchronous. Only Counselors and Marriage and Family Therapists, licensed by the Arkansas Board of Examiners in Counseling, who also hold the Technology-assisted Distance Counseling or Marriage and Family Therapy Specialization License, may provide Technology Assisted Distance Counseling or Marriage and Family services.

"Traditional Counseling" means any form of Counseling or Marriage and Family Therapy offered or rendered in person, face to face, with the Counselor or Marriage and Family Therapist in the same physical location.

"Group Counseling or Group Marriage and Family Therapy" means two or more persons meeting with the Counselor or Marriage and Family Therapist.

"Technology" means electronically based hardware, software, video and related systems and telephone systems to deliver knowledge, skills, and tools for learning and communication processes. Technology for Counseling or Marriage and Family Therapy encompasses distance learning and distance counseling by any form of technology system /telephone system delivers of services. See section XII for the Technology-Assisted Distance Counseling definitions.

"Direct Service" means interaction with clients that includes the application of Counseling or Marriage and Family Therapy for human development skills and/or for mental health issues. In general, the term is used to refer to time spent by the Counselor or Marriage and Family Therapist working face to face or directly with individuals or groups.

"Indirect Service" means consultation, case management, paperwork, staffing, billing and test administration when the Counselor or Marriage and Family Therapist is not working directly with the individuals or groups, but the services are directly related to the individuals or groups employing the Counselor or Marriage and Family Therapist.

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

(f) The intent of the law is for the required three years 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. If the three years of supervision, defined as Phases I, II, and III, are not completed in six calendar years from the date of the LAC license issue, the LAC license may not be renewed unless the individual holding the LAC license can document extenuating circumstances, acceptable to the Board, that would allow the Board to extend the six years. The Board, based on the documented circumstances, will determine the length of time, if any, that may be extended beyond the six years.

Section 3.2 LICENSED PROFESSIONAL COUNSELOR (LPC)

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 (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) or the Council for Accreditation Counselor Related Education Programs (CACREP) 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. The green card must be current and issued by the U.S. Immigration Bureau.

(f) The intent of the law is for the required three years 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). The intent of the law is not for the LAMFT license to be a permanent license. If the three years of supervision, defined as Phases I, II, and III, are not completed in six calendar years from the date of the LAMFT license issue, the LAMFT license may not be renewed unless the individual holding the LAMFT license can document extenuating circumstances, acceptable to the Board, that would allow the Board to extend the six years. The Board, based on the documented circumstances, will determine the length of time, if any, that may be extended beyond the six years.

Section 3.4 LICENSED MARRIAGE AND FAMILY THERAPIST (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 version 10.1) or the Council for Accreditation of Counseling and Related Educational Programs (CACREP) 2001 Standards, pages 87-88;

(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 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, Coaching, Career Counseling, School Counseling, Clinical Mental Health Counseling/Psychotherapy, Geriatric Counseling, Counseling Supervision, Drug & Alcohol, Addictions, Appraisal, Art, Music, Mediation, Technology-assisted Counseling or Marriage and Family Therapy, Technology-assisted Supervision, Traditional Supervision 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 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.

(c) Specialization licenses include:

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

(2) Career specialization license with the standard for issue being 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 diplomat by the American Association of Pastoral Counselors (AAPC) or Association for Clinical Pastoral Education (ACPE).

(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 (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).

(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;

(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.

(9) 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 2005 American Counseling Association Code of Ethics and the Standards in Section XII 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 FamilyTherapy 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.

(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 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) 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) 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, 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

(f) January 1, 2005, courses (1-3), listed below became mandated core curriculum courses for any application processed for any license issued by the Board. The three courses are in addition to the requirements in (c) and (d) above.

(1) Psychopathology, including DSM and ICD training (3 Hour Minimum)

(2) Family and Relationship (3 Hour Minimum)

(3) Psychopharmacology (3 Hour Minimum)

(g) 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.

(h) 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.

(i)

(1) Distance/Cyber/Electronic 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, ((j) (A-H).

(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/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, 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.

(j) 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 Cyber/Distance/Electronic course is mandated prior to the application being processed for any Arkansas license issued by the Board.

(k) Institutions of higher education that have graduate counselor education and related graduate programs that are not accredited/certified by CACREP must seek endorsement from the Arkansas Board. The Board has endorsed certification/accreditation from the following as equivalent or parallel to CACREP: The Council on Rehabilitation Education (CORE, 2001 edition), the United States Department of Education, the Council for Higher Education Accreditation, (CHEA) or 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 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.

(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 for continuing education credit only.

(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.

(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 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 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.

(c) Counselors or Marriage and Family Therapists licensed at the associate level must complete three years of Client Contact Hours (CCH) with supervision. One year is defined as 1000 supervised CCH. One year is referred to as Phase I for the first year, Phase II for the second year and Phase III for the third year. The supervision must be provided in the following manner:

(1) Year I (Phase I) is supervision of 1,000 CCH and the minimum of one hundred hours of supervision. The ratio of supervision is one hour of supervision for each 10 hours of client contact.

(2) Year II (Phase II) is supervision of 1,000 CCH and the minimum of fifty hours of supervision. The ratio of supervision is one hour of supervision for each 20 hours of client contact.

(3) Year III (Phase III) is supervision of 1,000 CCH and the minimum of 25 hours of supervision. The ratio of supervision is the minimum of one hour of supervision for each 40 hours of client contact. Two options are available for year III, see Section (e).

(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. No course work may be substituted for supervised practice in Phase I. All documented supervised work from other states, approved by the Board, will be applied to Phase III and then Phase II.

(d) Supervised experience in Phases I and II will be credited at the ratio specified by the Board for face to face (direct services) and indirect services as defined in Section I (1.9) and Section IX (3)(4)(5)(6).

Group Supervision may not exceed fifty percent of the total 3000 client contact hours for LACs. LAMFTs must have a minimum of fifty percent of the 3000 client contact hours in family/group sessions.

Client Contact Hours (CCH) means clock hours of the group sessions. Group sessions reported are the clock hours of the sessions, not the clock time multiplied by the number of persons in the group.

Indirect Service hours applied to supervised experience may not exceed 200 CCH in Phase I, 300 CCH in Phase II, and 300 CCH in Phase III.

Hours spent conducting Psycho-educational groups (whether inpatient/outpatient or at other locations) may not be credited as therapy/counseling for the required supervised work.

(e) LAC options for Phase III

A LAC may acquire the required 1000 CCH hours in direct and indirect services with the minimum of 25 hours of supervision in the required ratio of one hour of supervision for each 40 hours of CCH. The indirect service hours may not exceed 300 CCH of the total 1000 CCH.

OR

The LAC may choose to take the NCMHCE option:

The National Clinical Mental Health Counseling Examination (NCMHCE) option is 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 recommendation of the contracted supervisor upon the completion of Phase II. 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 Phase III.

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.

If the LAC/LAMFT has completed the NCMHCE option, has met the supervision and course requirements for the Arkansas Clinical Mental Health Counselor License, that specialization license may be issued.

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.

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

(g) The contracted supervisor may not delegate supervision responsibility to any other individual. The contracted supervisor should have and emergency plan on file if he/she were to be unavailable.

(h) 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 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 12:01 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. Board approval and directive must be completed prior to expansion of the ten contracts on file with the Board office. Inactive LAC/LMFT will not be counted in the ten, if inactive status is documented and Board approved. Board approval and directive must be completed prior to extension above the ten contracts recorded in the Board office.

(c) The Board office staff may not approve supervision contract/agreements to exceed ten active supervisees (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 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 (licensed in another state or with an Arkansas state agency) will submit a record of postmaster's supervised Counseling work related experience and/or Marriage and Family Therapy work related experience for Board approval. The approved experience will determine the applicant's license (Associate or Professional) level.

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.

(d) All forms and instructions included in the application process will be considered part of the rules and regulations of the Board. The forms may not be altered or changed by applicants.

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 is 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 Arkansas Code Annotated § 17-27-313 and are pardoned by the Governor are not exempt from the requirements of Arkansas Code Annotated § 17-27-313.

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) 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 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) 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 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 4 weeks prior to the test application deadline set by the national examining organization for the applicant's name to be added to the approved list for test admission.

(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 individuals applying for licensure who have not previously had an oral examination with the Arkansas Board must complete an oral examination prior to being granted a license. If the applicant is seeking dual licensure, he or she must complete the Board required examinations, oral, written or situational.

Individuals applying for a supervision specialization license must have an oral examination with the full Board.

(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) 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 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 video tape/tapes, 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/therapist.

Section 6.6 FEES

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

(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 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 and each license renewal 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. {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.

(d) 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 place the date the new application is received in the Board office. The Board may require an appearance before the Board to explain the failure to meet renewal deadlines prior to the application being processed.

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 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 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 (2) 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 ethics 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.

(i) The maximum number of continuing education credit to be approved for reading/reviewing journal articles or newsletter articles read shall not exceed six (6) clock hours) in a two year renewal cycle.

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.

Section 7.6

Renewals from individuals who are under investigation, sanction, probation, disciplinary supervision, revocation, or rehabilitation by counseling, marriage and family therapy, psychology, social work, or other related Boards or credentialing bodies will not be considered for an Arkansas license renewal until documentation from the issuing body is received that the sanctions are removed or completed.

Applications from individuals who have violations of Arkansas Code Annotated § 17-27-313 and are pardoned by the Governor are not exempt from the requirements of Arkansas Code Annotated § 17-27-313.

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 Arkansas Code Annotated § 25-15-201 et 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.

Section 8.2 HEARINGS

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

(b) Informal hearing procedures may be held when needed for resolution of problems instead of/or in addition to the formal Administrative Hearing.

(c) Adjudicative Hearings to revoke a license or permit or to impose a civil penalty are adjudicative hearings. An agency acts in a quasi-judicial capacity when it conducts an adjudicative hearing.

The Arkansas Administrative Procedure Act (APA) provides the basic framework for the conducting of adjudicative hearings. Using the APA as a framework, these rules provide detailed procedures for hearings.

These rules apply in all administrative adjudications conducted by the Counseling Board. These procedures are developed to provide a process by which the agency formulates orders (for example, an order to suspend or revoke a license to practice or to impose civil penalties).

1. PRESIDING OFFICER

The Board Chairman shall preside at the hearing or may designate one or more members of the Counseling Board or one or more examiners, referees, or hearing officers to preside at a hearing.

2. APPEARANCES

(i) Any party appearing in any agency proceeding has the right, at his or her own expense, to be represented by counsel.

(ii) The respondent may appear on his or her behalf.

(iii) Any attorney representing a party to an adjudicatory proceeding must file notice of appearance as soon as possible.

(iv) Service on counsel of record is the equivalent of service on the party represented.

(v) On written motion served on the party represented and all other parties of record, the presiding officer may grant counsel of record leave to withdraw for good cause shown.

3. CONSOLIDATION

If there are separate matters that involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy, and inexpensive resolution of the proceedings, and would not unduly prejudice the rights of a party.

4. NOTICE TO INTERESTED PARTIES

If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring that an absent person be notified of the proceeding and be given an opportunity to be joined as a party of record.

5. SERVICE OF PAPERS

Unless the presiding officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party's representative at the last address of record.

6. INITIATION & NOTICE OF HEARING

(i) An administrative adjudication is initiated by the issuance by the Board of a notice of hearing.

(ii) The notice of hearing will be sent to the respondent by U.S. Mail, return receipt requested, delivery restricted to the named recipient or his agent. Notice shall be sufficient when it is so mailed to the respondent's latest address on file with the agency.

(iii) Notice will be mailed at least twenty one (21) days before the scheduled hearing unless an emergency is declared.

(iv) The notice will include:

A statement of the time, place, and nature of the hearing;

A statement of the legal authority and jurisdiction under which the hearing is to be held; and

A short and plain statement of the matters of fact and law asserted.

7. MOTIONS

All requests for relief will be made by motion. Motions must be in writing or made on the record during a hearing. A motion must fully state the action requested and the grounds relied upon. The original written motion will be filed with the agency. When time allows, the other parties may, within seven (7) days of the service of the written motion, file a response in opposition. The presiding officer may conduct such proceedings and enter such orders as are deemed necessary to address issues raised by the motion. However, a presiding officer, other than the Counseling Board, will not enter a dispositive order unless expressly authorized in writing to do so.

8. ANSWER

A respondent may file an answer no later than ten (10) days before the scheduled hearing.

9. DISCOVERY

(i) Upon written request, the agency will provide the information designated in A.C.A. § 25-15-208(a) (3).

(ii) Such requests should be received by the agency at least ten (10) days before the scheduled hearing.

10. CONTINUANCES

The Board Chairman may grant a continuance of hearing for good cause shown. Requests for continuances will be made in writing. The request must state the grounds to be considered and be made as soon as practicable and, except in cases of emergencies, no later then five (5) days prior to the date noticed for the hearing. In determining whether to grant a continuance, the Board Chairman may consider:

(i) Prior continuances;

(ii) The interests of all parties;

(iii) The likelihood of informal settlements;

(iv) The existence of an emergency;

(v) Any objection;

(vi) Any applicable time requirement;

(vii) The existence of a conflict of the schedules of counsel, parties, or witnesses;

(viii) The time limits of the request, and;

(ix) Other relevant factors.

The Board Chairman may require documentation of any grounds for continuance.

11. HEARING PROCEDURES

(i) The presiding officer presides at the hearing and may rule on motions, require briefs, and issue such orders as will ensure the orderly conduct of the proceedings; provided, however, any presiding officer other than the Counseling Board shall not enter a dispositive order or proposed decision unless expressly authorized in writing to do so.

(ii) All objections must be made in a timely manner and stated on the record.

(iii) Parties have the right to participate or to be represented by counsel in all hearings or pre-hearing conferences related to their case.

(iv) Subject to terms and conditions prescribed by the Administrative Procedure Act, parties have the right to introduce evidence on issues of material fact, cross-examine witnesses as necessary for a full an true disclosure of the facts, present evidence in rebuttal, and, upon request by the agency, may submit briefs and engage in oral argument.

(v) The presiding officer is charged, with maintaining the decorum of the hearing and may refuse to admit, or may expel, anyone whose conduct is disorderly.

12. ORDER OF PROCEEDINGS

The presiding officer will conduct the hearing in the following manner:

(vi) The presiding officer will give an opening statement, briefly describing the nature of the proceedings.

(vii) The parties are to be given the opportunity to present opening statements.

(viii) The parties will be allowed to present their cases in the sequence determined by the presiding officer.

(ix) Each witness must be sworn or affirmed by the presiding officer, or the court reporter, and be subject to examination and cross-examination as well as questioning by the Counseling Board. The presiding officer may limit questioning in a manner consistent with the law.

(x) When all parties and witnesses have been heard, parties may be given the opportunity to present final arguments.

13. EVIDENCE

(i) The presiding officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law.

(ii) Stipulation of facts is encouraged. The agency may make a decision based on stipulated facts.

(iii) Evidence in the proceeding must be confined to the issues set forth in the hearing notice, unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. If the presiding officer decides to admit evidence outside the scope of the notice, over the objection of a party who did not have actual notice of those issues, that party, upon timely request, will receive a continuance sufficient to prepare for the additional issue and to permit amendment of pleadings.

(iv) A party seeking admission of an exhibit must provide twelve (12) copies of each exhibit at the hearing. The presiding officer must provide the opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility. All exhibits admitted into evidence must be appropriately marked and be made part of the record.

(v) Any party may object to specific evidence or any request limits on the scope of the examination or cross-examination. A brief statement of the grounds upon which it is based shall accompany such an objection. The objection, the ruling on the objection, and the reasons for the ruling will be noted in the record. The presiding officer may rule on the objection at the time it is made or may reserve the ruling until written decision.

(vi) Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record. The party making the offer of proof for excluded oral testimony will briefly summarize the testimony or, with permission of the presiding officer, present the testimony. If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.

(vii) Irrelevant, immaterial, and unduly repetitive evidence will be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs,

(viii) Reasonable inferences. The finder of fact may base its findings of fact upon reasonable inferences derived from other evidence received.

14. DEFAULT

If a party fails to appear or participate in an administrative adjudication after proper service of notice, the agency may proceed with the hearing and render a decision in the absence of the party.

15. SUBPOENAS

(i) At the request of any party, the agency shall issue subpoenas for the attendance of witnesses at the hearing. The requesting party shall specify whether the witness is also requested to bring documents and reasonably identify said documents.

(ii) A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is eighteen (18) years of age or older. Delivering a copy to the person named in the subpoena shall make service. Proof of service may be made by affidavit of the person making service. The party seeking the subpoena shall have the burden of obtaining service of the process and shall be charged with the responsibility of tendering appropriate mileage fees and witness fees pursuant to Rule 45, Arkansas Rules of Civil Procedure. The witness must be served at least two days prior to the hearing. For good cause, the agency may authorize the subpoena to be served less than two days before the hearing.

(iii) Any motion to quash or limit the subpoena shall be filed with the agency and shall state the grounds relied upon.

16. RECORDING THE PROCEEDINGS

The responsibility to record the testimony heard at a hearing is borne by the agency. Upon the filing of a petition for judicial review, the agency will provide a verbatim transcript of testimony taken before the agency. If requested under FOI, copies of the transcript will be provided at a cost per page.

17. FACTORS TO BE CONSIDERED IN IMPOSING SANCTIONS

In addition to any other considerations permitted by Arkansas Code Annotated § 17-27-101 et seq. if applicable, the agency in imposing any sanction may consider the following:

(i) The nature and degree of the misconduct for which the licensee is being sanctioned.

(ii) The seriousness and circumstances surrounding this misconduct.

(iii) The loss or damage to clients or others.

(iv) The assurance that those who seek similar professional services in the future will be protected from the type of misconduct found.

(v) The profit to the licensee.

(vi) The avoidance of repetition.

(vii) Whether the conduct was deliberate, intentional, or negligent.

(viii) The deterrent effect on others.

(ix) The conduct of the individual during the course of the disciplinary proceeding.

(x) The professional's prior disciplinary record, including warnings.

(xi) Matters offered by the professional in mitigation or extenuation, except that a claim of disability or impairment resulting from the use of alcohol or drugs may not be considered unless the professional demonstrates that he or she is successfully pursuing in good faith a program of recovery.

18. FINAL ORDER

The agency will serve on the respondent a written order that reflects the action taken by the agency. The order will include a recitation of facts found based on testimony and other evidence presented and reasonable inferences derived from the evidence pertinent to the issues of the case. It will also state conclusion of law and directives or other disposition entered against or in favor of the respondent.

Section 8.3 SUSPENSION, REVOCATION, DENIAL OF LICENSE ISSUE, DENIAL OF RENEWAL,

DENIAL OF APPLICATION FOR PROCESSING

(a) In accordance with the Arkansas Code Annotated § 17-26-309 and § 25-15-201 et seq. (Arkansas Administration Procedure Act), the Board will suspend, revoke, or deny renewal of any license if the Board finds that 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 of certifying/licensing agency.

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

(9) Renewals 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 renewal until documentation from the issuing body is received that the sanctions are removed, or completed.

(10) ALTERNATIVE SANCTIONS

In addition, the Board may after a hearing, impose upon a person over whom the Board has jurisdiction the Alternative Sanctions provided by ACA 25-15-217 which include a civil penalty not to exceed $500.00 per violation.

(11) Applications from individuals who have violations of Arkansas Code Annotated § 17-27- 313 and are pardoned by the Governor are not exempt from the requirements of Arkansas Code Annotated § 17-27-313.

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.

(b) 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, may petition for court proceedings to prohibit the unlawful practice of counseling/therapy and/or false representation as a licensed counselor/therapist.

(c) 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.

(d) REQUIREMENT TO KEEP CURRENT ADDRESSES ON FILE

All persons holding a license issued by this Board are required to provide the Board with information so that the Board can remain in contact and provide notice of complaints and/or hearings. The licensee holder is required to provide written notice to the Board of any change in business and/or residence within ten (10) working days of the change. Service of notices of hearing sent by mail will be addressed to the latest address on file with the Board.

(e) The application and supporting documentation will be reviewed by Board staff. The Board administrative office will inform the applicant in writing if it determines that the application is incomplete and will specify why the application is incomplete. When a completed application, a supplemental application, or the requested information is returned, the Board office will reinitiate action on the application for license. If all requirements are met, the applicant will be scheduled for the oral examination.

(f) DENIAL OF LICENSE

1. If a preliminary determination is made that the application should be denied, the agency will inform the applicant of the opportunity for a hearing on the application.

2. The grounds or basis for the proposed denial of a license will be set forth in writing by the agency. Any hearing on the denial of a license will be conducted in accordance with ACA § 25-15-208 and ACA § 25-15-213, and unless otherwise provided by law, the applicant has the burden of establishing entitlement to the license.

(g) SUSPENSION, REVOCATION, ANNULMENT OR WITHDRAWAL

1. Prior to the entry of a final order to suspend, revoke, annul or withdraw a license, or to impose other sanctions upon a licensee, the agency will serve the licensee a notice of hearing in the manner set out in Arkansas Code Annotated § 25-15-208 and Rule VII (G).

2. The agency has the burden of proving the alleged facts and violations of law stated in the notice

(h) EMERGENCY ACTION

1. If the agency finds that the public health, safety, or welfare imperatively requires emergency action and incorporates that finding in its order, the agency can summarily suspend, limit, or restrict a license. The notice requirement in h (1) does not apply and must not be construed to prevent a hearing at the earliest time practicable.

2. Emergency Order: An emergency adjudicative order must contain findings that the public health, safety, and welfare imperatively require emergency action to be taken by the agency. The written order must include notification of the Written Notice. The written emergency adjudicative order will be immediately delivered to persons who are required to comply with the order. One or more of the following procedures will be used:

(i) Personal Delivery;

(ii) Certified mail, return receipt requested, to the last address on file with the agency;

(iii) First class mail to the last address on file with the agency;

(iv) Fax notice may be used as the sole method of delivery if the person required to comply with the order has filed a written request that the Board orders be sent by fax and has provided a fax number for that purpose;

(v) Oral notice. Unless the written emergency order is served by personal delivery on the same day that the order issues, the Board shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.

1. Unless otherwise provided by law, within ten (10) days after emergency action taken pursuant to paragraph 8.2 (4) of this rule, the agency must initiate a formal suspension or revocation proceeding.

(i) VOLUNTARY SUSPENSION OF LICENSE

The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the agency's determination to accept the proffered surrender, rather than conducting a formal disciplinary proceeding.

(j) DUTY OF A SANCTIONED PROFESSIONAL

In every case in which a professional's license is revoked, suspended, or revocation, suspension, or surrender, do the following:

(1) Return his or her license and any license pocket cards to the agency's office;

(2) Notify all of his or her clients in writing that his or her license has been revoked, suspended, or surrendered;

(3) Notify all clients to make arrangements for other professional services, calling attention to any urgency in seeking the substitution of another licensed professional;

(4) Deliver to all clients any papers or property to which they are entitled, or notify the client of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property;

(5) Refund any part of the fees paid in advance that have not been earned;

(6) Keep and maintain a record of the steps necessary to accomplish the foregoing;

(7) File with the agency a list of all other state, federal, and administrative jurisdictions by which he or she is licensed. Upon such filing, the agency will notify those entitled of the revocation, suspension, or surrender; and

(8) The professional shall, within thirty (30) days of revocation, suspension, or surrender of the license, file an affidavit with the agency that he or she has fully complied with the provisions of the order and completely performed the foregoing or provide a full explanation of the reasons for his or her non-compliance. Such affidavit shall also set forth the address where communications may thereafter be directed to the respondent.

(l) REINSTATEMENT AFTER SUSPENSION

1. An order suspending a license may provide that a person desiring reinstatement may file with the Counseling Board a verified petition requesting reinstatement.

2. The petition for reinstatement must set out the following:

(i) That the individual has fully and promptly complied with the requirements of section VIII (K) of these rules pertaining to the duty of a sanctioned professional;

(ii) That the individual has refrained from practicing in this profession during the period of suspension;

(iii) That the individual's license fee is current or has been tendered to the agency;

(iv) That the individual has fully complied with any requirements imposed as conditions for reinstatement.

(v) Any knowing misstatement of fact may constitute grounds for denial or revocation of reinstatement.

1. Failure to comply with the provisions of Section 8.3 (K7 & K8) of the Rule precludes consideration for reinstatement.

2. No individual will be reinstated unless the Board of Examiners in Counseling approves reinstatement by majority vote.

(m) RE-LICENSURE FOR REVOKED OR SURRENDERED LICENSE

1. No individual who has had his or her license revoked or who has surrendered his or her license will be licensed, except on petition made to the agency. The application for re-licensure is not allowed until at least five years after the revocation or surrender of license took effect.

2. The applicant bears the burden of proof that he is rehabilitated following the revocation or surrender of his license, that he can engage in the conduct authorized by the license without undue risk to the public health, safety, and welfare, and that he is otherwise qualified for the license pursuant to Arkansas Code Annotated § 17-27-101 et seq and Rules in effect the date the application for re-licensure is received.

3. The agency may impose any appropriate conditions or limitations on a license to protect the public health, safety, and welfare.

4. The agency may require that the person seeking re-licensure take licensing examination.

5. The agency may require that the person seeking re-licensure have supervision for a specified time and ratio.

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 (a) does not induce said person to cease violation and to desist from practicing, holding himself/herself out to practice, and/or from practicing, and/or use of title or activities, 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 not 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.

(d) Adjudicative Hearings will be conducted following the Arkansas Administrative Procedure Act (APA) framework. The Adjudicative Hearings format will follow Rules beginning Section 8.2

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) or the National Counseling Examination (NCE).

(d) If requirements for full license (LPC or LMFT) in another state required 2000 Client Contact Hours (CCH), 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 with 100 clock hours of supervision provided at the ratio of one (1) hour of supervision for each ten (10) hours of client contact. If the applicant has been continuously licensed in another state for seven years, is in good standing in that state and has passed the NCMHCE within five years prior to the Arkansas application, the NCMHCE may substitute for 500 CCH hours of required supervision.

(e) Acceptability of supervision, gained prior to application, under other Licensing Boards or in exempt positions, 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 will be credited at the ratio specified by the Board and must consist of direct, face-to-face supervision in either individual and/or group format. Technology-Assisted Distance Supervision may be reported if the Supervisor holds the Specialization License. Technology- Assisted Distance Supervision may not exceed fifty percent in any one phase.

(4) Indirect service hours performed while under supervision may not exceed 200 Client Contact Hours (CCH) in Phase I, 300 CCH in Phase II, and 300 CCH in Phase III.

(5) Graduate school practicum or internship hours acquired in the Master's program are not credited to substitute for the required supervised professional work. Post Master's hours in practicum/internships not needed for the initial application for the Arkansas license may be applied as transcript credit to Phase III or Phase II (3 transcript hours equate 100 CCH).

(6) Hours spent conducting Psycho Educational groups (whether inpatient/outpatient or at other locations) may not be credited as Counseling or Marriage and Family Therapy to reduce the required direct or indirect post master's supervised work.

(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 or Marriage and Family Therapy hours accrued during employment in private practice or in an agency or institution that meet Board adopted supervision criteria.

Section 9.2 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.

(c) 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.

(e) Licensed Counselors or Marriage and Family Therapist who consult with other licensed professionals and/or develop relationships with Colleagues, Employers and Employees must follow the ACA Code Section D1.a through D.2.d.

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, or testing 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), Association for Clinical Pastoral Education (ACPE) or other Board-approved credentialing organizations will be accepted as meeting the Board definition of equivalent training for Licensed Associate or Professional Counselor/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.

(f) If a candidate is licensed or certified to practice Counseling and/or Marriage and Family Therapy by a similar Board in another state, the Arkansas Board may at its discretion, waive the written examination requirements of a candidate if the candidate had an equivalent written examination in the process of obtaining the license in another state and has been continuously licensed. If the previous license has expired or lapsed the examination may not be waived. If the applicant had written the examination, but did not complete the licensure process, the written examination of record may not be more than five (5) years old to be accepted for Arkansas license application purposes.

(g) Persons who apply for an Arkansas license, have been continuously licensed seven years in another state and in good standing but lack no more than nine hours of the required graduate course work may have a one time license issued with the provision that the graduate course requirements must be met prior to the first license renewal.

(h) Documents relevant to an application from a person licensed in another state will be accepted as official if sent directly from the state licensing board, from NBCC, or from the American Association of State Counseling Boards National Credential Registry.

X. Ethics

Section 11.1 PROFESSIONAL ETHICS

(a) The Arkansas Board of Examiners in Counseling (ARBOEC) adopts the 2005 revision of the American Counseling Association (ACA) Code of Ethics, to comply with Arkansas Code Annotated 17-27-203(c). Effective 10 days following the Legislative Council approval date of these Rules.

(b) The American Association of Marriage and Family Therapist (AAMFT) Ethical Code, 2001, is adopted for all persons holding a Licensed Associate Marriage and Family Therapist (LAMFT) or the Licensed Marriage and Family Therapist (LMFT) license.

(c) 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.

(d) The Anti-Fraud and Code of Ethics Policy dated September 10, 2005 is adopted to comply with the Department of Finance and Administration to meet Auditing Standards #90 as issued by the auditing Standards Board of the American Institute of Certified Public Accountants.

XI. 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.

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, published in 2005. The NBCC document is adopted as part of Arkansas Rules to further extend and clarify Technology-Assisted Distance Counseling Ethics, Definitions and Standards for Counselors and Marriage and Family Therapist licensed in the state of Arkansas. The adoption of the document is to support and extend the American Counseling Code of Ethics, 2005 edition for the practice of Internet Counseling.

XIII. RULES - EFFECTIVE DATE

Rules shall be in effect ten (10) days following the Legislative Council approval date for individuals who hold a current Arkansas License, have an Arkansas application in process or for applications filed thereafter.

1. Footnote: The rules Section 8.2, lines 992-1412, of this document are adopted from the Model Rules of Procedure for Regulatory and Licensing Agencies, Published pursuant to Act 1648 of 2001 May 17, 2002, pages 12-22.

2. Footnote: The NBCC shaded document, Section XII, was copied directly from the . NBCC web site: www.nbcc.org. Reproduced with NBCC permission.

(9/8/2006)

The following state regulations pages link to this page.