Current through Register Vol. 49, No. 9, September, 2024
The Arkansas Board of Examiners in Counseling interprets the
intent of the legislature, which passed as A.C.A.
17-27-101
through 104. (An Act to amend Arkansas Act 593 to provide for the licensure and
regulation of Marriage and Family Therapists, now numbered Act 2 44 of 1997)
and the Governor who signed it into law to be for the protection of the public
welfare and in the public interest.
Therefore, the Board of Examiners in Counseling shall in all its
deliberations and all its adopted rules and regulations diligently pursue goals
most consistent with the public interest, and shall, at all times, apply the
provisions of A.CA
17-27-101, et
seq. and the rules and regulations adopted from time to time in a fair and
impartial manner.
1.
GENERAL
INFORMATION
1.1
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, three counselor educators
or supevisors, (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). 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 population and is selected by the
governor from the general population..
Practicing counselors are defined, by the American
Counseling Association, as 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 educators are defined, in accordance with the
American Counseling Association's (ACA) 1995 Code of Ethics and Standards of
Practice, as 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. Counselors 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 mainer, and serve as culturally-aware
role models for professional behavior. Professionals at the degree level of EdD
or PhD 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 'time in an Arkansas institution of
higher education or who is a counselor educator retired from in a higher
education institution in Arkansas. Adjunct lecturers in higher education who
teach counseling courses are considered practicing counselors by profession and
teach part time for various reasons at universities. They are eligible for
board service under the practicing counselor category. Section 4 of Act 593 of
1979 and Section 3c,d of Act 244 of 1997 mandate the American Counseling
Association Code of Ethics be adopted for Board use.
Supennsors are defined as individuals who hold a state
appointment as a Supevisor in the State Department of Education for the purpose
of promoting the development of professional counselors in the public schools
and hold 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 Supervisor 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.
1.2
Vacancies
(a) Expired Terms. No
later than November 1, of each year, the Executive Committee of the Arkansas
Counseling Association (ArCA) and the Board of Directors of the Arkansas
Association for Marriage and Family Therapy (ArAMFt), as appropriate, shall
submit a list of names of qualified candidates to fill expired terms. The
Governor will make the appointments from this list, prior to January 2 each
year.
(b) Unexpired Terms. Any
unexpired terms shall be filled by appointment of the Governor from a list of
candidates, submitted within thirty days of such vacancy, by the Executive
Committee of the Arkansas Counseling Association or the Board of Directors of
the Arkansas Association for Marriage and Family Therapists, as
appropriate.
1.3
Professional Ethics
The Board of Examiners in Counseling has adopted the Code of
Ethics of the American Counseling Association for all Licensed Associate
Counselors and Licensed Professional Counselors. See appendix A. The Board of
Examiners in Counseling has adopted the Code of Ethics of the American
Association for Marriage and Family Therapists for all Licensed Associate
Marriage and Family Therapists and Licensed Marriage and Family
Therapists.
Persons holding a counseling specialization or a dual license are
accountable to the ethical standards of each specialization or license held,
which ever standard is the more stringent.
All persons licensed by the Board are prohibited from sexual
contact with clients and former clients for a period of two (2) years
subsequent to termination of the counselor-client relationship, or for a period
of time specified within the code of ethics, if it exceeds two years.
1.4
Purpose of
Organization
The Board is charged by law with the responsibility for the
regulation of the titles and the
practices of 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.
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 such other
officers as it deems necessary from its members to serve for terms of one year.
The Board shall hold at least one (1) meeting each year and 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.
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
A.C.A.
25-19-101 at
seq. (Freedom of Information Act 93 of 1967).
1.7
Records
Records of the Board shall be kept, maintained, and made
available for inspection in accordance with A.C.A.
25-19-101 et
seq.
1.8 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 other Board member shall be bonded to handle finances of the Board in
compliance with state regulations.
1.9
Forms and Instructions
All forms and instructions included in the application process
will be considered part of the rules and regulation of the Board.
1.10
Intent of the
Act
It is intended that the provisions of A.C.A.
17-27-101 et
seq. be in accordance and consistent with other licensing laws.
2A.
DEFINITIONS
AND CLARIFICATION OF TERMS FOR LICENSED COUNSELORS
2A.1
Definition of the Practice of
Counseling(a) Unless specifically
exempt by Section 15 and 18 of A.C.A.
17-24-101
et seq.. no person shall engage in the practice of counseling in the State of
Arkansas without a valid license issued by the Arkansas Board of Examiners in
Counseling.
(b) The practice of
counseling shall mean the following:
2A.2
Principles, Methods, and
Procedures of Counseling
These terms are descriptive rather than limiting and include
those techniques which are utilized in evaluating and/or changing
behavior.
2A.3
For
Such Purposes
This phrase is descriptive rather than limiting and includes such
activities as follows, plus, other forms of counseling and consultative
approaches.
(a)
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.
(b) 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 Doawjentation of all training for
appraisal activites and Board approval for those activities is required for
protection of the public. Appraisal Specialization License (Section 4,6) is
required if appraising for placement of children in speical programs, in
institutions, etc. and if appraisals are under contracts with public schools
and the Arkansas Department of Human Services. Licensed professionals who
conduct such activities must meet the minimum statndards of The National
Association of School Psychologist (NASP) and so document This has been the
interpretation and practice of the Board since 1979 and has not changed with
the amendments in Act 244 of 1997.
(c) Consulting means interpreting or
reporting scientific fact or theory to provide assistance in solving current or
potential problems of individuals, groups, or organizations.
(d) Referral activities means the evaluating
of data to identify problems and to determine the advisability of referral to
other specialists.
(e) Research
activities means reporting, designing, conducting, or consulting on research in
counseling with human subjects.
2A.4
Categories of Counselor
Licensure
(a) Licensed Professional
Counselor shall mean any person holding himself Therself 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 3A.2 of
the Rules and Regulations of the Arkansas Board of Examiners in Counseling; and
who offers to render counseling services to individuals, groups, organization,
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, with the exceptions of those professions
listed in Section 15 and 18 of Arkansas Counseling Association
17-24-101
et seq.
(b) Licensed Associate
Counselor shall mean any person holding himself Therself 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 3A.1 of the Rules
and Regulations of the Arkansas Board of Examiners in Counseling; 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
professionals excluded by Section 15 and 18 of A.C.A.
17-24-101
et seq.
2A.5
Qualified Supervision
(a)
This phrase means supervision by
a Licensed Professional Counselor who is a practitioner by profession, holds
the specialization in supervision, whose license is valid (i.e., not suspended
due to delinquent registration) and who is otherwise in good standing.
Specialization in supervision is defined by the Association for Counselor
Education and Supervision Standards for Counseling Supervisors as adopted by
the American Counseling Association and the American Association of State
Counseling Boards. These are practicing counselors who offer clinical
supervision services on- site and are adequately prepared in supervision
methods and techniques to supervise Associate Counselors for their training and
for the protection of clients.
(b) All Licensed Associate Counselors must
have a Board-approved supervision agreement prior to providing any counseling
services (See Section 9, A.C.A.
17-24-101
et seq.). 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.
(c)
Supervision acceptable to the Board shall mean supervision by a Licensed
Professional Counselor with supervision specialization, arranged by the
candidate and approved in writing by the Board.
2A.6
Privileged communication
This phrase shall mean any communication between client and
counselor given in confidence and not intended to be disclosed to third persons
other than those to whom disclosure is made in the furtherance of the rendition
of professional services to the client.
(a) All such communications shall be subject
to Rule 502 Lawyer-Client Privilege, Article 5 of the Uniform Rules of
Evidence, as recorded in Court's volume, Arkansas Code of 1987
Annotated.
(b) In accordance with
A.C.A.
25-19-101 et
geq., Section 4, 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." See
A.C.A.
25-19-101 et
seq., as recorded in the 1968 replacement, Arkansas Statutes, 1947, Annotated,
volume 2A, Section 12-2804, Page 284.
2A.7 A Major Under the Laws of Aransas
A major is anyone who can legally enter into a contractual
relationship as defined by the laws of the state of Arkansas (18 years of
age).
2A.8
Statement
of Professional Intent
This refers to a typed statement from the applicant for
Licensure, on file with the Board, describing the intended use of the license,
the public with whom the applicant will work, and the counseling/psychotherapy
and appraisal approaches the applicant plans to use (including techniques and
tools).
2A.9
Relevant Professional or Continued Education Experience
This phrase shall mean documented training, workshops,
institutes, seminars, etc., primarily counseling in content and described in
Section 2A.3 above. Professional and continuing education workshops must be
approved by the Board.
2B.
DEFINITIONS AND CLARIFICATION OF
TERMS FOR LICENSED MARRIAGE & FAMILY THERAPISTS
2B.1
Definition of the Practice of
Marriage and Family Therapy (MFT)
(a)
Unless specifically exempt by Section 15 and 18 of A.C.A. 17-24-107 et. seq.,
no person shall present him/herself as a licensed marriage and family therapist
engaging in the practice of marriage and family therapy in the state of
Arkansas without a valid license issued by the Arkansas Board of Examiners in
Counseling.
(b) The practice of
marriage and family therapy shall mean the following:
2B.2
Principles, Methods, and
Procedures of Marriage and Family Therapy
These terms are descriptive rather than limiting and include
those techniques which are utilized in evaluating and/or changing
behavior.
2B.3
For
Such Purposes
This phrase is descriptive rather than limiting and includes such
activities as follows, plus, other forms of MFT consultative approaches.
(a) 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 dysfunctions 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
licencensed associate counselors from rendering these services.
2B.4
Categories of Marriage
and Family Therapist Licensure(a)
Licensed Marriage and Family Therapist means any person who:
(i) Holds himself or 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
3B.2 of the Rules and Regulations of the Arkansas Board of Examiners in
Counseling.
(ii) 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 expert in marriage and family
therapy.
(iii) Holds a current,
valid license to practice marriage and family therapy. Nothing in this
definition shall be construed to include those professions excluded by Arkansas
Act 244 (17-27-103).
(b) Licensed
Associate Marriage and Family Therapist means any person who:
(i) Holds himself or 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 3B.1 of the Rules and Regulations of the Arkansas Board of Examiners
in Counseling.
(ii) Offers to
render marriage and family therapy services to individuals, couples and
families, singularly or in groups for monetary remuneration; and
(iii) 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 Arkansas Act 244 (17-27-103).
2B.5
Qualified Supervision
(a) This
phrase means supervision by a practitioner who is a Licensed Marriage and
Family Therapist and holds approved supervisor status from the Board ( The
American Association for Marriage and Family Therapists Clinical Supervision or
equivalent qualifications adopted by the Board must be submitted to obtain
supervision status approval) and whose license is valid (i.e. not suspended due
to delinquent registration) and who is otherwise in good standing. The
Standards for Approved Supervisors of the American Association for Marriage and
Family Therapists are adopted by the Board as the standards to ensure the
preparation in methods and techniques for practicing counselors who offer
clinical supervision services to Associate Marriage and Family Therapists for
the training of the associate therapist and the protection of the
client.
(b) All Licensed Associate
Marriage and Family Therapists must have a Board-approved supervision agreement
prior to providing any therapy services (See Section 9, A.C.A.
17-27-305
£t seq.). 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) Supervision acceptable to the
Board shall mean supervision by a Licensed Marriage and Family Therapist with
supervision specialization, arranged by the candidate and approved in writing
by the Board.
2B.6
Privileged Communication
This phrase shall mean any communication between client and
therapist given in confidence and not intended to be disclosed to third persons
other than those to whom disclosure is made in the furtherance of the rendition
of professional services to the client.
(a) All such communications shall be subject
to Rule 502 Lawyer-Client Privilege, Article 5 of the Uniform Rules of
Evidence, as recorded in Court's Volume, Arkansas Code of 1987
Annotated.
(b) In accordance with
A.C.A.
25-19-101 et
seq., Section 4, 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." See
A.C.A.
25-19-101 et
seq., as recorded in the 1968 Replacement, Arkansas Statutes, 1947, Annotated,
Volume 2A, Section 12-2804, Page 284.
2B.7
A Major Under the Laws of
Arkansas
A major is anyone who can legally enter into a contractual
relationship as defined by the laws of the state of Arkansas (18 years of
age).
2B.8
Statement
of Professional Intent
This refers to a typed statement from the applicant for
licensure, on file with the Board, describing the intended use of the license,
the public with whom the applicant will work, and the therapy approaches the
applicant plans to use (including techniques and tools).
2B.9
Relevant Professional or Continued
Education Experience
This phrase shall mean documented training, workshops,
institutes, seminars, etc., primarily marriage and family therapy in content
and described in Section 2B.3 above. Professional and continuing education
workshops must be approved by the Board.
3.
EXEMPTIONS
Clergy - Clarification of
17-27-103
Exemptions (b)(3)
3.1
Definition
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, etc.) and are serving members
of that assignment be exempt from licensure requirements. The same
status should be granted to an
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, will be licensed.. This includes
part-time, private practice provided in addition to or beyond the documented
assigned, ministry work as pastor, chaplain, etc.
3.2
Qualifications
Clergy who are credentialed as member, fellow, or diplomate by
the American Association of Pastoral Counselors (AAPC) or other Board-approved
credentialing organizations will be accepted as meeting the Board definition of
equivalent training for Licensed Associate or Professional
Counselor/Therapist.
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.
4A.
QUALIFICATIONS FOR COUNSELING
LICENSE
4A.1
Licensed Associate
Counselor(a) Must be a
major.
(b) Must have received a
graduate degree which is primarily professional counseling in content from a
regionally accredited institution. The graduate semester hours must meet the
national academic and training content standards adopted by the Board and the
Council for the Accreditation of Counseling and Related Educational Programs
(CACREP) or equivalent.
(c) Must
demonstrate professional competencies by passing written, oral, and situational
examinations as prescribed by the Board.
(d) Must arrange supervision with a
Board-approved LAC supervisor and have same approved in writing by the
Board.
(e)
Must have clear
criminal background check (Act 1317 of 1997)
(f)
Must be a citizen of the U.S. or
have an immigration (green card) document verifying legal alien work permit in
the U.S.
4A.2
Licensed Professional Counselor
(a) All of the above, plus:
(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 2 years of supervised professional
experience. The Board of Examiners Counseling experience.
4A.3
Evaluation of Areas of
Specialization
Areas of specialization, as specified in the statement of
professional intent, shall be evaluated by the Board. The Board will use the
national standards for the preparation of counselors, prepared by the specific
professional association, as a guide in establishing the standards for
counseling; i.e., Rehabilitation Counseling, Pastoral Counseling, Career
Counseling, School Counseling, Clinical Mental Health Counseling/Psychotherapy,
Geriatric Counseling, Counseling Supervision, School Psychologist, Drug &
Alcohol, Addictions, Appraisal or other specified counseling areas.
4B
QUALIFICATIONS
FOR MARRIAGE AND FAMILY THERAPY LICENSE
4B.1
Licensed Associate Marriage and
Family Therapist
(a) Must be a
major
(b) Must have received a
graduate degree in marriage and family therapy or related field from a
regionally accredited institution. The graduate semester hours must meet the
national academic and training content standards adopted by the Board from the
Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE)
or the Council for Accreditation Counselor Related Education Programs (CACREP)
or the National Academy for Certified Family Therapist (NACFT) or
equivalent.
(c) Must demonstrate
professional competencies by passing written, oraL, and situational
examinations prescribed by the Board.
(d) Must arrange supervision with a
Board-approved Licensed Associate Marriage and Family Therapist supervisor and
have same approved in writing by the Board
(e)
Must have met the Criminal
Backqround Check mandated by Act 1317 of 1997.
(f)
Must be a citizen
of the U.S. or document (green card) legal work status in the U.S from the
Immigration Bureau.
4B.2
Licensed Marriage and Family
Therapist(a) All of the above,
plus:
(b) 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.
5.
HOW TO OBTAIN A LICENSE: APPLICATION
5.1
Application
Application, inquiries, and forms are to be obtained from
returned to the Administrative office of the Board.
5.2
Statement of Professional
Intent
The Board will require a statement of professional intent. The
statement must be a typed statement, from the applicant, describing intended
use of the license, the publics with whom the applicant will work and the
counseling and/or marriage and family therapy approaches the applicant will
use. Appraisal tools and/or techniques must be included.
5.3
Transcripts
The applicant must have OFFICIAL TRANSCRIPTS sent from
institutions where credit was earned. If the transcript course titles are
ambiguous or do not adequately convey the pertinent content of the course,
clarifying documents may be requested. Course grades of C or below will not be
accepted.
5.4
Supervised Counseling/Marriage and Family Therapy
The applicant will submit a record of post-Master's counseling
and/or marriage and family therapy related work experience for Board approval.
The approved experience will determine the applicants license (Associate or
Licensed) level.
5.5
References
The applicant will submit a minimum of three references on Board
approved forms. Current members of the Board or relatives of applicants may not
submit references.
(a) Two (2) from
persons in related professional area.
(b) One (1) non-academic character
reference.
5.7
Examination
An applicant must successfully pass written, oral, and
situational examinations.
5.8
Board Decisions
An affirmative vote of a majority of those Board members present
and voting will be held as evidence that the applicant has qualified for the
next steps in the procedure:
(a)
Admission to the written examination.
(b) Acceptance of the situational
examination.
(b) Admission to oral
examination.
(c) Granting of the
Associate or Professional License as determined by the documented Post-masters
work experience.
6.
PRACTICE WITHOUT LICENSE
PROHIBITED
6.1 Rule of Procedure When
the Board is made aware of a violation, or possible violation, of section 15 of
A.C.A,
17-27-101 et
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. If this does not induce said person to
cease violation and to desist from practicing, holding himself/herself out to
practice, and/or from practicing, holding himself/Therself out to practice,
and/or use of title, in violation, the information shall be forwarded to the
appropriate law enforcement authorities in accordance with the Administrative
Procedure Act 434. This violation will be deemed a Class "A" Misdemeanor. The
violator upon conviction shall be punished by a fine of not less than Five
Hundred Dollars ($500) nor more than One Thousand Dollars ($1,000) and the
violator may be imprisoned for a term not exceeding one (1) year. Each
violation and conviction shall be deemed a separate offense.
7. EXAMINATION OF APPLICANTS
7.1 Scheduling Examinations
An applicant whose credentials meet the requirements of Section 8
of A.C.A.
17-27-101 et
seq., will be scheduled for written, oral and situational examinations.
7.2 Written Examination
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 skills areas
may be a part of the updating. A score determined by the Board to be at a
satisfactory level, will qualify the applicant for the oral and situational
examinations.
7.3 Oral and
Situational Examination
(a) Oral exam - An
oral examination will be conducted upon receipt by the Board of a passing score
on the written examination and Board evaluation of other screening documents
and credentials. The oral examination will include a review of the statement of
intent from the applicant as well as questions from the Board relative to the
profession of counseling/therapy.
(b) Situational exam - A situational
demonstration of counseling or marriage and family therapy skills will 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 video tape. At least one reviewer
will have specialized knowledge appropriate to the tape under
review.
(c) Unresolved
Questions - Should the Board have questions of competence it may require any
one or all of the following:
1. Additional academic work
2. Additional supervised experience
3. Additional references or
recommendations
4. Clarification of
Statement of Intent.
5. Other
evidence deemied" neeessary to safisfy Board the qualifications and/of fitness
and competence of the applicant to practice as a counselor/therapist.
7.4
Denial of
License
If the Board votes to deny the license, the applicant will be so
notified by certified mail. Specific reasons for denial will be stated.
7.5
Examination Fee
An examination fee will be set annually based on a cost estimate
for the processing and conducting of all examinations, written, oral, and
situational.
8.
RENEWAL
8.1
Expiration
All licenses expire biennially (Section 12, A.C.A
17-27-101 et
seq.) and on June 30 of the renewal year.
8.2 Fees
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.
8.3
Continued Education
No license will be renewed without evidence of satisfactory
completion of a minimum of 24 contact hours of continued professional education
and/or training in the 24 months prior to renewal and evidence of same on file
with the Board. Continued education is defined in Section 2A.9 and 2B.9 of the
Rules and Regulations. Failure to document satisfactory Continued Education
will result in suspension as described in Section 8.3
8.4
Renewal Notice
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 and
other related professional activities. Completion of such documentation by the
licensee is a mandate of the law for renewal.
8.5
Deadline
By June 1 of the renewal year, documents verifying additional
qualifications earned or changes in status must be on file with the Secretary
of the Board.
8.6
Failure to Pay Fee
Failure to pay the biennial fee within the time stated shall
automatically suspend the right of any licensee may be renew within a period to
of one (1) year by payment of all fees in arrears. Failure to pay fees and
renew license within one year will necessitate applying for the license as a
new applicant. The Board may require an appearance before the Board to explain
the failure to meet renewal deadlines.
9.
SUSPENSION OR REVOCATION AND DENIAL
OF RENEWAL OF LICENSE: POWER TO PETITION FOR INJUNCTIONS
9.1
Reasons
In accordance with A.C.A.
25-15-201 et.
seq. Administration Procedures Act 434 of 1967, and subsequent revisions of
that Act, the Board will suspend, revoke, or deny renewal of any license if the
Board finds that the holder thereof:
(a) Has been found guilty of violating any
ethical or professional standard (section 17, A.C.A
17-24-101
et. seq.) under which the license holder practices.
(b) Has not paid biennial renewal fee within
the time stated.
(c) Has not
satisfied the Board, by June 30 of the renewal year, with evidence of the
completion of relevant professional or continued education experience (Section
12, A.C.A.
17-24-101
et seq.)
(d) Has been found to be
incompetent, has misused the license, or has been negligent in the rendering of
counseling services as defined in Section 2 of the Board's Rules and
Regulations.
(e) Has been convicted
of a felony.
(f) Has failed to
follow any special directions of the Board.
(g) Has had one's professional
license/certificate revoked.
(h)
Has failed to meet requirements of the Criminal Background Check (Act
1317 of 1997)
9.2
Board Error
If the Board finds that it has erred in the granting of a
license, the Board will give written notice of intent to annul the license. The
notice will allow the applicant the opportunity to meet the requirements of
licensure within 30 days.
9.3
Period of Suspension
A period of suspension shall not exceed six (6) months. During
the period of suspension, the licensee shall not practice counseling/therapy in
the state of Arkansas. At the conclusion of the period of suspension, an
individual may petition the Board for reinstatement. Failure to meet any
requirements of the Board during the period of suspension may result in
revocation of the license.
9.4
Power to Petition for
Injunction
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.
9.5
Adjudication
Any applicant or licensee who has been aggrieved by an action of
the Board shall be entitled to the provisions under A.C.A.
25-15-201 et
seq.
10.
LICENSING UNDER SPECIAL CONDITIONS: RECIPROCITY AND/OR ENDORSEMENT
10.1
Reciprocity and/or
Endorsement(a) 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 equivilent written examination in the process of obtaining the license in
another state and has been continuiously licensed. If the previous
license has expired or lapsed the examination may not be waived he applicant
has written the examination, but did not complete the licensure process the
written examination of record may not be more than five (5) years
old.
(b) Section 9.2 holds
provided the Arkansas Board accepts the standards and qualifications required
for the practice of counseling and/or marriage and family therapy in the
candidate's licensing state as equal to those required by A.C.A.
17-27-101 et
seq.
(c)
The Arkansas Board shall maintain a file of the standards and qualifications
for the regulation of the practice of counseling and/or marriage and family
therapy that are required by similar Boards in other states.
10.2
Waiver of
Examination
The Board has the power to waive formal examination requirements
only and does not have the power to waive any required period of supervision as
provided in A.C.A.
17-24-101
et seq.
11.
GRANDPARENTEVG
2.1.
A.C.A.
17-27-303
Qualifications of Licensed Marriage and Family Therapists before January
1,1998.
2.2.
Application Rules and Procedures:
The Board shall issue a Marriage and Family Therapist license to
each applicant who files an application in such manner as the Board prescribes,
accompanied by a fee as set by the Board, and who furnishes satisfactory
evidence of the following to the Board:
1. The applicant is not a minor under the
laws of Arkansas.
2. The applicant
is highly regarded in personal character and professional ethics.
3. The applicant is not in violation of any
of the provisions of this chapter and the rules and regulations adopted
hereunder.
4. The applicant has
recived a graduate degree in either marriage and family therapy, or a related
field with specific cource work in marriage and family therapy as approved by
the Board.
5. The applicant has met
the requirements of Criminal Background Check under Act 1317 of 1997.
The Board will accept a master's degree in marriage and family
therapy, mental health, behavioral science or counseling related fields, with
at least 36 hours of graduate credit from a regionally accredited college or
university. Training must include course work or 50 continuing education hours
in each of the following:
a.
Theoretical foundations of Marital and Family Therapy Systems
b. Assessment and Treatment in Marital and
Family Therapy.
AND
TRACK 1: The applicant has active clinical membership in the
American Association of Marriage and Family Therapy.
OR
TRACK 2: The applicant has active certification in the National
Academy of Certified Family Therapists (NACFT). Certification under
NACFT Options 1,2,and 3 allows the application to be processed for Licensed
Marriage and Family Therapist. Certification under NACFT Options 4 and 5 allow
the application to be processed for the Licensed Associate Marriage and Family
Therapist. Section 4A.C.A.
17-27-301(5)
&
17-27-302
fa)
OR
TRACK 3: The applicant has met certification/licensure by an
appropriate professional organization as defined by the Board.
OR
TRACK 4: The applicant has five years, post-masters, Board
approved clinical experience in marriage and family therapy. The applicant must
have documentation, acceptable to the Board, of the experience by two licensed
professionals.
