007.33.21 Ark. Code R. § 005 - Arkansas Board of Examiners in Counseling Rule Revision
The Rules are adopted pursuant to Arkansas Code Annotated § 17-27-l0l et seq.
Preface
The enabling legislation of the Arkansas Board of Examiners in Counseling is codified at Arkansas Code Annotated § 17-27-101 and it provides for the licensure and regulation of Counselors and Marriage and Family Therapists; and the individuals who are allowed to use the titles "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", and "licensed associate marriage and family therapist". The Act is both title and practice.
The Board of Examiners in Counseling shall, in all deliberations and in all adopted Rules, diligently pursue goals most consistent with the public interest and protection of the public welfare and shall, at all times, apply the provisions of Arkansas Code Annotated § 17-27-101, et seq. and the Rules in a fair and impartial manner.
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 (3) of whom are practicing counselors and three (3) of whom are counselor educators, one (1) licensed marriage and family therapist; one (1) member from the general public who is not licensed or licensable and not actively engaged in or retired from the profession, and one (1) member who shall represent the elderly.
Board members shall be appointed for three (3) year terms.
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.).
Records of the Board will be maintained in accordance with the laws governing retention of documents of State agencies.
The Board may 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 American Counseling Association (ACA), to the American Association of Marriage and Family Therapy (AAMFT), and the American Mental Health Counselors Association. This information may be periodically placed on the Board website.
Final decisions arrived at through administrative hearings will be available to requesters [including third party payers]. All final decisions are reported to the National Practitioners Data Base. These decisions will be available through the Board's web site or by written request from the Board office.
The Board is responsible 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.
In order to protect the citizens of Arkansas, obtaining an Arkansas license as a Licensed Professional Counselor (LPC), Licensed Associate Counselor (LAC), Licensed Marriage and Family Therapist (LMFT), or Licensed Associate Marriage and Family Therapist (LAMFT) 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 Telemedicine. If a licensee offers services to clients in another state, the licensee is subject to laws of that state.
The Board will elect officers within 30 days before January 2 of each year. The Board shall elect a chair and a secretary and other such officers, as it deems necessary, from its members to serve for terms of one year. Five (5) members shall at all times constitute a quorum. Additional meetings may be held at the discretion of the chair or upon written request of any three (3) members of the Board.
Meetings of the Board shall be open to the public in accordance with the Freedom of Information Act. Dates, times, and places of meetings shall be furnished to anyone requesting the information and made available to the press and on the website.
Under the provisions of the Arkansas Freedom of Information Act the Board may go into executive session for the purpose of giving oral licensure examinations or to develop examination questions.
The Board shall charge fees for applications, licenses, examinations and other administrative purposes deemed necessary by the Board. In addition to fees collected, the Board is empowered to accept grants from foundations and institutions to carry out its function. The Board may hire such personnel as necessary to carry out its activities.
The Board has adopted the model Anti-Fraud and Code of Ethics Policy provided by the Arkansas Department of Finance and Administration.
It is intended that the provisions of Arkansas Code Annotated § 17-27-101 et seq. operate in accordance with other laws.
Individuals who offer volunteer pastoral, marriage and family therapy or counseling services are exempt from licensure requirements as long as their services are authorized and supervised by the local congregation/ church, synagogue, denominational institution, agency, or organization for which the service is rendered. Volunteers must abide by the same requirements as the authorizing congregation/church, synagogue, denominational institution, agency or organization.
In order to be eligible as a Licensed Associate Counselor, an applicant:
In order to be eligible as a Licensed Professional Counselor, an applicant:
In order to be eligible as a Licensed Associate Marriage and Family Therapist, an applicant:
In order to be eligible as a Licensed Marriage and Family Therapist, an applicant:
An appeal of a determination under this section will be subject to the Administrative Procedures Act § 25-15-201 et seq.
The Statement of Intent to practice must be completed, signed and dated by the applicant. The statement must be consistent with the credentials and specializations documented by the licensee and be approved by the Board.
An affirmative vote of a majority of those Board members present and voting will be held as evidence of the following:
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.
Should the Board have unresolved questions of competence it may require any one or all of the following:
Notices of renewal will be sent prior to the renewal due date. All renewal forms are available on the Board's website or may be requested from the Board office. Completion of such documentation by the licensee is mandatory prior to license renewal.
A non-practicing status is available for extenuating circumstances, including, but not limited to, whether health related, leaving the field temporarily, retirement or military deployment. The licensee must submit a request for non-practicing status in writing describing circumstances for the request. If approved, the licensee must submit the biannual non-practicing renewal fee and proof of the required CEs. Licensees must submit an attestation that he/she will not practice counseling or marriage and family therapy while in non-practicing status at the time of renewal.
All persons holding a license issued by the Board are required to provide and maintain current address and contact information on file with the Board so that the Board can remain in contact and provide notice of complaints and/or hearings. The licensee 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. Notices of complaints and/or hearings sent by mail will be addressed to the latest address on file with the Board.
The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the Board's determination to accept the proffered surrender, rather than conducting a formal disciplinary proceeding.
In every case in which a professional's license is revoked, suspended or surrendered, the licensee must:
Applicants from other states or Arkansas agencies must apply and complete the formal application process prior to license issue. The following rules apply to the process:
The client of persons licensed by this Board has a privilege to refuse to disclose and to prevent any other person from disclosing his/her medical records or confidential communications made for the purpose of diagnosis or treatment of his/her physical, mental or emotional condition, including alcohol or drug addiction, among himself/herself, the licensee, and persons who are participating in the diagnosis or treatment under the direction of the licensee, including members of the client's family. See Rules 501, 502 and 503, Arkansas Rules of Evidence. The licensee is presumed to have authority to claim the privilege on behalf of the patient. The privilege is subject to the exceptions listed in Rule 503(d). The following communications are not protected by the privilege:
A licensed counselor or marriage and family therapists/client relationship must be established in accordance with Ark. Code Ann. §§ 17-80-402 & 403 and Section 12.3 & 12.4 before the delivery of services via telemedicine. A client's completing a psychosocial history online and forwarding it to a licensed counselor or marriage and family therapist is not sufficient to establish the relationship, nor does it qualify as store-and-forward technology. A licensed counselor or marriage and family therapist exhibits gross negligence if he or she provides and/or recommends any form of treatment via telemedicine without first establishing a proper licensed counselor or marriage and family therapist/client relationship.
For purposes of this regulation, a proper licensed counselor or marriage and family therapist/client relationship, at a minimum requires that:
For the purposes of this regulation, a proper licensed counselor or marriage and family therapist/client relationship is deemed to exist in the following situations:
Recognizing a licensed counselor or marriage and family therapist's duty to adhere to the applicable standard of care and to comply with mandatory reporting laws, the following situations are excluded from the requirement of this regulation by Ark. Code Ann. § 17-80-403(a)(2):
Under Ark. Code Ann. § 17-80-403(c), "Professional relationship" does not include a relationship between a licensed counselor or marriage and family therapist and a client established only by the following:
The following requirements apply to all services provided by licensed counselors or marriage and family therapists using telemedicine.
Licensed counselors or marriage and family therapists may practice counseling via telemedicine within the definitions found in Section 1.9(b)&(h).
Licensed counselors or marriage and family therapists who use technology to facilitate supervision, consultation, or other confidential meetings shall use appropriate precautions to protect the confidentiality of those communications. Precautions to protect confidentiality depend on the type of technology being used, and may include using passwords, firewalls, encryption, and antivirus software; using electronic service providers that rely on standards of security for data that are transmitted and stored; and ensuring a private setting when using their electronic devices.
Application Fee Initial LAC/LPC/LAMFT/LMFT License |
$ 100 |
Application for Board Approved Supervisor Status Fee |
$ 50 |
Application Extension Fee |
$ 50 |
New License Fee LAC to LPC or LAMFT to LMFT |
$ 50 |
The Board shall waive the initial application fee if the applicant:
Associates (LAC/LAMFT) |
$200 |
Professionals (LPC or LMFT) |
$250 |
Dual license LAC/LAMFT |
$350 |
Dual license LPC/LMFT |
$400 |
First license fee for all licenses is prorated based on the biennial license fee, according to the number of months licensed, one time only, beginning June 1 of the fiscal year of license issue.
Biennial license renewal-Associates (LAC/LAMFT) |
$200 |
Biennial license renewal-Professionals (LPC or LMFT) |
$250 |
Biennial Dual license renewal fee: LAC/LAMFT |
$350 |
Biennial Dual license renewal fee: LPC/LMFT |
$400 |
Late renewal fee |
$100 per month |
Biennial Non-practicing status renewal fee |
$50 |
NCE Examination - pay to NBCC
NCMHCE Examination - pay to NBCC
AMFTRB Examination -pay to AMFTRB Jurisprudence Examination - pay to NBCC
A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the board has authority. A petition for declaratory order may be used only to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner's particular circumstances. A declaratory order is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from a board. A petition or declaratory order must describe the potential impact of statutes, rules, or orders upon the petitioner's interests.
The process to obtain a declaratory order is begun by filing with the Board a petition that provides the following information:
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.