Counselors

Ark. Code Ann. tit. 17, ch. 27

in effect

Ark. Code Ann. § 17-27-101 Policy — Purpose.

(a) It is declared to be the policy of this state that activities of those persons who render service to the public in the counseling area and use the title “licensed professional counselor”, “licensed associate counselor”, “licensed marriage and family therapist”, or “licensed associate marriage and family therapist” should be regulated for the protection of public health, safety, and welfare. (b) It is the purpose and intent of this chapter to: (1) Provide for the regulation of the practice of counseling in the State of Arkansas; (2) Create a board of examiners in counseling and prescribe the duties and powers of the board; (3) Provide for the examination and licensure of counselors; (4) Fix penalties for the violation of this chapter; (5) Impose reasonable fees for applications, licenses, examinations, and other administrative purposes that the board deems necessary and provide for the use of funds derived from the fees; and (6) Provide for the regulation of the use of the titles “licensed professional counselor”, “licensed associate counselor”, “licensed marriage and family therapist”, and “licensed associate marriage and family therapist” for those who offer counseling services to the public.

Ark. Code Ann. § 17-27-102 Definitions.

As used in this chapter, unless the context otherwise requires: (1) “Counseling services” means those acts and behaviors coming within the practice of counseling, as defined in this section; (2) “Counselor educator” means a person who: (A) Possesses an advanced degree in counseling, psychology, or a closely related field; and (B) Is employed in a teaching position at least part-time at an Arkansas institution of higher education or is retired from employment in a teaching position with an Arkansas institution of higher education; (3) “Licensed associate counselor” means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words “licensed associate counselor”; (B) Offers to render counseling services to individuals, groups, 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 counseling; and (C) Holds a current, valid license to practice counseling under the supervision of a licensed professional counselor. Nothing in this definition shall be construed to include those professions excluded by § 17-27-103; (4) “Licensed associate marriage and family therapist” means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words “licensed associate marriage and family therapist”; (B) Offers to render marriage and family therapy services to individuals, couples, and families, singularly or in groups, for monetary remuneration; and (C) 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 § 17-27-103; (5) “Licensed marriage and family therapist” means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words “licensed marriage and family therapist”; (B) 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; and (C) Holds a current, valid license to practice marriage and family therapy, with the exception of those professions listed in § 17-27-103; (6) “Licensed professional counselor” means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words “licensed professional counselor”; (B) Offers to render counseling services to individuals, groups, 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 counseling; and (C) Holds a current, valid license to practice counseling, with the exception of those professions listed in § 17-27-103; (7)(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. (B) 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 and includes the use of marriage and family therapy theories and techniques in the evaluation, assessment, and treatment of intrapersonal or interpersonal dysfunctions within the context of marriage and family systems. (C) Marriage and family therapy may also include clinical research into more effective methods for the treatment and prevention of the above-named conditions. (D) Nothing in this definition or in this chapter shall be construed as precluding licensed professional counselors or licensed associate counselors from rendering these services; and (8) “Practice of counseling” means rendering or offering to render to individuals, groups, organizations, or the general public any service involving the application of principles, methods, or procedures of the counseling profession which include, but are not restricted to: (A) “Counseling”, which means assisting an individual or groups, through the counseling relationship, to develop understandings of personal problems, to define goals, and to plan action reflecting his or her interests, abilities, aptitudes, and needs as these are related to personal social concerns, educational progress, and occupations and careers; (B) “Appraisal activities”, which means selecting, administering, scoring, and interpreting instruments designed to assess an individual's aptitudes, attitudes, abilities, achievements, interests, and personal characteristics but shall not include the use of projective techniques in the assessment of personality; (C) “Consulting”, which 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”, which means the evaluating of data to identify problems and to determine the advisability of referral to other specialists; and (E) “Research activities”, which means reporting, designing, conducting, or consulting on research in counseling with human subjects.

Ark. Code Ann. § 17-27-103 Exemptions.

(a) This chapter shall not be applicable to persons engaged in counseling individuals or groups concerning weight loss, weight control, or nutrition education, nor to persons whose counseling activities are confined to the area of alcohol and drug abuse. (b) Nothing in § 17-27-104 shall be construed to preclude the advertising of services or to limit: (1) The professional pursuits of administrators, teachers, and school counselors certified by the Division of Elementary and Secondary Education within the scope of their duties in recognized public and private schools; (2) Nonresident persons engaged in consulting or research activities in counseling for a period not greater than thirty (30) days in a calendar year; (3) Clergymen insofar as their activities and services are a part of the official duties in salaried positions; (4) Practitioners of medicine; (5) Psychologists; (6) Social workers; (7) Listed Christian Science practitioners insofar as their activities and services are a part of the official duties; (8) Individuals offering volunteer services who are approved by the organization or agency for whom the service is rendered; (9) Persons in the employ of the federal, state, or local government or accredited institutions of higher education, insofar as their activities and services are a part of the official duties in salaried positions; or (10) Other professionals, provided that: (A) Such persons hold valid licenses, certificates, or registrations in the State of Arkansas and are operating within the scope of their professional duties; and (B) The title “licensed professional counselor”, “licensed associate counselor”, “licensed marriage and family therapist”, or “licensed associate marriage and family therapist” is not used. (c) Students engaged in counselor training programs and other persons preparing for the profession of licensed counselor may perform as part of their training the functions specified in § 17-27-102, provided that such functions are performed under supervision of a licensed professional counselor.

Ark. Code Ann. § 17-27-104 Prohibitions — Penalties.

(a)(1) A person who holds himself or herself out to the public as being engaged in the practice of counseling or marriage and family therapy as defined in § 17-27-102 or represents himself or herself by the title “licensed professional counselor”, “licensed associate counselor”, “licensed marriage and family therapist”, or “licensed associate marriage and family therapist” and shall not then possess in full force and effect a valid license to practice counseling under this chapter is guilty of: (A) For a first offense, a Class A misdemeanor; and (B) For a second or subsequent offense, a Class D felony. (2)(A) Each violation and conviction shall be deemed a separate offense. (B) Notwithstanding the limits imposed for a Class A misdemeanor or a Class D felony as appropriate, if the defendant has derived pecuniary gain in the form of client fees received for services in violation of this chapter, the fees will be refunded. (3) In addition to the criminal penalties provided under this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by a violation of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover: (A) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation; (B) Court costs; (C) Reasonable attorney's fees; (D) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and (E) Exemplary or punitive damages in an amount determined by the fact finder. (b) No firm, partnership, or corporation may offer to the public or other firms, partnerships, or corporations any counseling services as specified in § 17-27-102 unless those services are performed or supervised by individuals fully and validly licensed under this chapter.

Ark. Code Ann. § 17-27-105 Injunctions.

The courts of this state are vested with the jurisdiction and power to enjoin the unlawful practice of counseling or false representation as a licensed counselor in any proceeding brought by the Arkansas Board of Examiners in Counseling or by any member thereof or by any citizen of this state.

Ark. Code Ann. § 17-27-201 Creation — Members.

(a) There is created a board to be known as the “Arkansas Board of Examiners in Counseling”, consisting of nine (9) members who shall be appointed by the Governor, subject to confirmation by the Senate. (b) Appointments shall be made so as to ensure that the Arkansas Board of Examiners in Counseling consists of citizens of the United States and residents of Arkansas . (c)(1) The composition of the Arkansas Board of Examiners in Counseling shall include: (A)(i) Six (6) licensed or licensable counselors, three (3) of whom are practicing counselors and three (3) of whom are counselor educators. (ii) The Governor shall consult the Executive Committee of the Arkansas Counseling Association and the Executive Committee of the Arkansas Mental Health Counselors Association before making an appointment under this subdivision (c)(1)(A); (B)(i) One (1) licensed marriage and family therapist. (ii) The Governor shall consult the Board of Directors of the Arkansas Association for Marriage and Family Therapists before making an appointment under this subdivision (c)(1)(B); (C) One (1) member from the general public who is not licensed or licensable and not actively engaged in or retired from the profession of counseling who shall represent consumers; and (D)(i) One (1) member who shall represent the elderly. (ii) This member shall be sixty (60) years of age or older and not actively engaged in or retired from the profession of counseling. (iii) He or she shall be appointed from the state at large subject to confirmation by the Senate and shall be a full voting member but shall not participate in the grading of examinations. (2) The same person may not be both the consumer representative and the representative of the elderly. (d) Arkansas Board of Examiners in Counseling members shall be appointed for three-year terms. (e) Any Arkansas Board of Examiners in Counseling member may be removed by the Governor after written notice and a hearing for incapacity, incompetence, neglect of duty, or malfeasance in office. (f)(1) The members shall immediately and before performing public duties take the constitutional oath of office. (2) Each member may receive expense reimbursement in accordance with § 25-16-901 et seq., provided that the expenses shall in no case exceed funds available to the Arkansas Board of Examiners in Counseling.

Ark. Code Ann. § 17-27-202 Officers and proceedings.

(a) The Arkansas Board of Examiners in Counseling shall organize within thirty (30) days following the appointment of any new members by the Governor on January 2 of each year. (b) The board shall elect a chair and a secretary from its members to serve for terms of one (1) year. (c) The board shall hold at least one (1) meeting each year. Additional meetings may be held at the discretion of the Chair of the Arkansas Board of Examiners in Counseling or upon the written request of any three (3) members of the board. (d) Five (5) members of the board shall at all times constitute a quorum. (e) The board shall adopt a seal which must be affixed to all licenses issued by the board.

Ark. Code Ann. § 17-27-203 Duties and powers.

(a) The Arkansas Board of Examiners in Counseling shall perform those duties and have those powers as this chapter prescribes and confers upon it. (b) The board shall adopt rules and procedures as it deems necessary for the performance of its duties. (c) The board shall adopt the Code of Ethics of the American Counseling Association and any revisions or additions deemed appropriate by this board to govern appropriate practice or behavior referred to in this chapter. (d) The board shall adopt the Code of Ethics of the American Association for Marriage and Family Therapy to govern licensed marriage and family therapists and licensed associate marriage and family therapists. (e) The board is required to charge an application fee determined by the board. (f) The board shall be empowered to accept grants from foundations and institutions to carry on its functions and to hire assistants as are necessary to perform its activities.

Ark. Code Ann. § 17-27-302 Licensed associate counselor — Qualifications.

(a) The Arkansas Board of Examiners in Counseling shall issue a license of licensed associate counselor to each applicant who meets the requirements established in § 17-27-301, with the exception of § 17-27-301(6). (b) The licensed associate counselor may practice only under direct supervision of a licensed professional counselor. (c) The plan for supervision of the licensed associate counselor must be approved by the board before any actual performance of counseling on the part of the licensed associate counselor. (d) Any licensed associate counselor may petition the board for licensure review for the licensed professional counselor, provided that the requirements of § 17-27-301(6) have been completed. (e)(1) Upon application and satisfactory documentation of all requirements, the board shall issue a provisional license to an applicant to be a licensed associate counselor if he or she qualifies under this section. (2) A provisional license under subdivision (e)(1) of this section: (A) Is valid for one (1) year and up to three (3) attempts to pass the examination under § 17-27-306; and (B) Cannot be renewed.

Ark. Code Ann. § 17-27-303 Licensed marriage and family therapist — Qualifications — Application before January 1, 1998.

The Arkansas Board of Examiners in Counseling shall issue a license as a licensed marriage and family therapist to each applicant who files an application upon a form and in the 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 professional ethics; (3) The applicant is not in violation of any of the provisions of this chapter and the rules adopted hereunder; (4) The applicant has received a graduate degree in either marriage and family therapy or a related field with specific course work in marriage and family therapy as approved by the board; and (5) The applicant has at least five (5) years of clinical experience in the practice of marriage and family therapy or clinical membership in the American Association for Marriage and Family Therapy or the National Academy of Certified Family Counselors or certification by an appropriate professional organization, as defined by the board.

Ark. Code Ann. § 17-27-304 Licensed marriage and family therapist — Qualifications — Application after January 1, 1998.

The Arkansas Board of Examiners in Counseling shall issue a license as a marriage and family therapist to each applicant who files an application after January 1, 1998, upon a form and in a manner as the board prescribes accompanied by a fee as set by the board if he or she meets the qualifications set forth in § 17-27-303(1) -(3) and if the applicant provides satisfactory evidence to the board that he or she: (1) Meets educational experience qualifications as follows: (A) Educational Requirements. A master's degree or a doctoral degree in marriage and family therapy from a regionally accredited educational institution or a graduate degree in the allied fields referred to in § 17-27-303(4) from a regionally accredited educational institution and graduate level course work which is equivalent to a master's degree in marriage and family therapy as determined by the board; and (B) Experience Requirements. The applicant has three thousand (3,000) client contact hours of supervised full-time experience in marriage and family therapy acceptable to the board. Two thousand (2,000) client contact hours may be gained for each sixty (60) graduate semester hours earned beyond the master's degree, provided that the hours are clearly related to the field of marriage and family therapy and are acceptable to the board. The applicant may not have less than one thousand (1,000) client contact hours of professional supervised experience; and (2) Passes an examination or examinations administered by the board.

Ark. Code Ann. § 17-27-305 Licensed associate marriage and family therapist — Qualifications.

(a) The Arkansas Board of Examiners in Counseling shall issue a license as a licensed associate marriage and family therapist to each applicant who meets the requirements of § 17-27-304, with the exception of § 17-27-304(1)(B). (b) The licensed associate marriage and family therapist may practice only under direct supervision of a licensed marriage and family therapist. (c) The plan for supervision of the licensed associate marriage and family therapist must be approved by the board before any actual performance of marriage and family therapy by the licensed associate marriage and family therapist. (d) Any licensed associate marriage and family therapist may petition the board for licensure review for licensed marriage and family therapist, provided the requirements of § 17-27-304(1)(B) have been met. (e)(1) Upon application and satisfactory documentation of all requirements, the board shall issue a provisional license to an applicant to be a licensed associate marriage and family therapist if he or she qualifies under subsection (a) of this section. (2) A provisional license under subdivision (e)(1) of this section: (A) Is valid for one (1) year and up to three (3) attempts to pass the examination under § 17-27-306; and (B) Cannot be renewed.

Ark. Code Ann. § 17-27-306 Examination.

(a)(1) The Arkansas Board of Examiners in Counseling shall provide approval before an applicant is allowed to sit for examination. (2) The board shall designate the time and place of any examination in advance of any examination. (b) The board is required to preserve examination materials in accordance with state rules. (c)(1) In the event that an applicant fails to pass an examination, he or she may reapply and may be allowed to take a subsequent examination. (2) An applicant who fails an examination shall wait three (3) months before taking a subsequent examination.

Ark. Code Ann. § 17-27-308 Reciprocity — Licensure by Endorsement.

(a) At its discretion, the Arkansas Board of Examiners in Counseling may waive formal examination requirements of a candidate who is licensed or certified to practice counseling or marriage and family therapy by a similar board in another state if, in the opinion of the Arkansas Board of Examiners in Counseling, the standards and qualifications required for the practice of counseling in the candidate's licensing state are at least equal to those required by this chapter. (b) The board shall issue a licensure by endorsement for a licensed marriage and family therapist if the applicant: (1) Submits documentation that his or her license issued in another state, territory, or district of the United States is currently in good standing; (2) Does not have a disqualifying criminal offense under § 17-3-102 or any additional state law relating to marriage and family therapy; and (3) Does not have a complaint, allegation, or investigation pending in any jurisdiction.

Ark. Code Ann. § 17-27-309 Suspension or revocation.

(a) The Arkansas Board of Examiners in Counseling shall have the power to suspend or revoke a license issued under this chapter or impose other appropriate restrictions or additional sanctions, including without limitation supervision, probation, counseling, or additional education, for any person: (1) Found guilty of violating any ethical or professional standard; or (2) Placed upon a registry of this state or another state in regards to public safety, including without limitation a child maltreatment registry, an adult maltreatment registry, or a sex offender registry. (b) The board shall revoke the license of any person who is found guilty of or pleads guilty or nolo contendere to any offense listed in § 17-27-313(e) [repealed] unless the person requests and the board grants a waiver pursuant to § 17-27-313(g) [repealed].

Ark. Code Ann. § 17-27-310 Fees — Disposition of funds.

(a) All fees from applicants seeking licensure under this chapter and all license or renewal fees received shall be paid to the Arkansas Board of Examiners in Counseling. (b) No part of any fee shall be returnable under any condition other than failure of the board to hold examinations at the time originally announced, whereupon the entire fee may be returned at the option of the applicant. (c)(1) All fees collected or gifts or grants shall be deposited into the State Treasury to the credit of the board via electronic transfer from a financial institution in this state chosen by the board. (2) Expenses shall be paid under written direction of the Chair of the Arkansas Board of Examiners in Counseling and the secretary of the board in accordance with usual state procedures.

Ark. Code Ann. § 17-27-311 Privileged communication.

(a) For the purposes of this chapter, the confidential relations and communications between a licensed counselor and a client, a licensed associate counselor and a client, a licensed marriage and family therapist and a client, or between a licensed associate marriage and family therapist and a client are placed upon the same basis as those between an attorney and a client. (b) Nothing in this chapter shall be construed to require that any privileged communication be disclosed.

Ark. Code Ann. § 17-27-312 Application of laws pertaining to licensed professional counselors.

All laws of this state that pertain to licensed professional counselors shall likewise pertain to and include licensed marriage and family therapists.

Ark. Code Ann. § 17-27-313 Criminal background checks.

(a) The Arkansas Board of Examiners in Counseling may require each applicant for license renewal and each first-time applicant for a license issued by the board to apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the board and shall be responsible for the payment of any fee associated with the criminal background check. (d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant. (e) The board may issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal background check. (f) For the purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102. (g)(1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure, or his or her authorized representative; or (B) The person whose license is subject to revocation, or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (h) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only. (i) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (j) The board shall adopt the necessary rules to fully implement the provisions of this section.

Ark. Code Ann. § 17-27-401 Definitions.

As used in this subchapter: (1) “Licensed alcoholism and drug abuse counselor” means a person who renders for compensation alcoholism and drug abuse counseling or alcoholism and drug abuse counseling-related services to an individual, group, organization, corporation, institution, or to the general public, and who holds a license issued by the State Board of Examiners of Alcoholism and Drug Abuse Counselors or by another health or behavioral sciences board to engage in the practice of alcoholism and drug abuse counseling; (2) “Practice of alcoholism and drug abuse counseling” means the professional activity of helping individuals, groups, organizations, corporations, institutions, or the general public to develop an understanding of alcoholism and drug dependency problems and to define goals and plan action reflecting the individual's or group's interests, abilities, and needs as affected by claimed alcoholism and drug dependency problems. It includes the professional application of values, principles, and techniques to one (1) or more of the following ends: (A) Counseling with individuals, families, and groups; (B) Helping people obtain tangible services; (C) Assisting communities or groups; (D) Providing or improving social and health services; and (E) Engaging in alcoholism and drug abuse education and prevention through the appropriate administration of alcoholism and drug abuse counseling services; (3) “Registered clinical supervisor” means a person registered by the State Board of Examiners of Alcoholism and Drug Abuse Counselors to provide clinical supervision of applicants for certification or licensure; and (4) “Supervised work experience” means paid or voluntary work experience as an alcohol and drug abuse counselor who provides alcohol and drug abuse counseling services under the supervision of a credentialed alcohol and drug abuse counselor to persons with alcoholism or other drug dependency, or both.

Ark. Code Ann. § 17-27-402 Purpose.

(a) It is the purpose and policy of the State of Arkansas to protect the public from being misled by incompetent and unauthorized persons and from unprofessional conduct on the part of qualified alcoholism and drug abuse counselors by providing regulatory authority over persons who hold themselves out to the public as licensed alcoholism and drug abuse counselors under this subchapter. (b) The purpose of this subchapter is to allow the State Board of Examiners of Alcoholism and Drug Abuse Counselors to establish appropriate licensure and certification requirements and define the practice of alcoholism and drug abuse counseling and to promote high standards of professional performance for those engaged in the practice of alcoholism and drug abuse counseling by setting standards of qualification, training, and experience for those who seek to engage in the practice of alcoholism and drug abuse counseling under this subchapter.

Ark. Code Ann. § 17-27-403 Exemptions.

(a) This subchapter is not applicable to employees of the Division of Elementary and Secondary Education or local boards of education who meet the certification as established or which may be established by the State Board of Education. (b) This subchapter does not: (1) Limit or restrict the regulation of the title, setting of standards, qualifications, training, or experience of those who seek to engage in the practice of alcoholism and drug abuse counseling and who have been or will be certified by the State Board of Examiners of Alcoholism and Drug Abuse Counselors for the position for which they have been employed; (2) Require persons employed by the State of Arkansas, the director or administrative head of a social service agency or division of a city or county, or applicants for such employment to be licensed; (3) Limit the activities and services of a student or intern seeking to fulfill the educational requirements in order to qualify for a license under this subchapter or acts of other recognized health or behavioral sciences professions; (4) Prohibit individuals not licensed under the provisions of this subchapter who work in self-help groups or programs or not-for-profit organizations from providing services in those groups, programs, or organizations or agencies; (5) Prevent qualified members of other recognized health or behavioral science professions from performing work within the standards and ethics of their respective professions; (6) Prevent persons licensed under other health or behavioral science boards from the practice of alcoholism and drug abuse counseling so long as those persons maintain current licensure in their respective fields; (7) Prevent members of the clergy or Christian Science practitioners from performing work within the standards and any code of ethics of their respective professions as long as they do not hold themselves out to the public as being licensed alcoholism and drug abuse counselors; or (8) Restrict the licensure of programs under §§ 20-64-901 — 20-64-909.

Ark. Code Ann. § 17-27-404 Establishment of licensure board.

(a)(1) There is hereby created the State Board of Examiners of Alcoholism and Drug Abuse Counselors to be composed of thirteen (13) members who shall be appointed by the Governor. (2) Two (2) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least two (2) years. (3) Four (4) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who have rendered service, education, or research in alcoholism and drug abuse counseling for at least two (2) years. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. (4) Four (4) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who engage in the independent practice of alcoholism and drug abuse counseling. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. (5) One (1) member shall be licensed by an Arkansas health or behavioral sciences board and hold a specialty in alcohol and drug abuse counseling or addiction and a current license from his or her licensing boards. (6) One (1) member shall be a licensed professional counselor with a specialty in alcohol and drug abuse counseling or addiction. (7) One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. (b) The initial members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall be appointed so that three (3) members serve a one-year term, three (3) members serve a two-year term, three (3) members serve a three-year term, and four (4) members serve a four-year term. Successor members shall serve four-year terms except that persons appointed to fill vacancies resulting in an unexpired term shall serve for the remainder of that unexpired term. (c) Upon the recommendation of the State Board of Examiners of Alcoholism and Drug Abuse Counselors made after notice and hearing, the Governor may remove any member of the State Board of Examiners of Alcoholism and Drug Abuse Counselors for incompetence, neglect of duty, or malfeasance in office. (d) Any vacancy on the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall be filled by the Governor. (e) The Governor shall call the first board meeting and designate a member to preside at that meeting. The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall elect annually from its membership a chair, a vice chair, and a secretary. The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall meet as frequently as it deems necessary, at such times and places as the State Board of Examiners of Alcoholism and Drug Abuse Counselors designates. Additional meetings may be held upon the call of the chair or upon the written request of five (5) members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors. (f) Seven (7) members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall constitute a quorum.

Ark. Code Ann. § 17-27-405 Compensation for board members.

The members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors may receive a stipend of sixty dollars ($60.00) per day for each day of attendance at a board meeting plus expense reimbursement pursuant to § 25-16-901 et seq. The stipend and expense reimbursement shall not be made if available funds are insufficient for this purpose.

Ark. Code Ann. § 17-27-406 Powers and duties of board.

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall administer and enforce the provisions of this subchapter and shall adopt rules consistent with its provisions, including a code of ethical practice. (b) The board shall review and act upon applications for licensure and certification at least four (4) times a year and shall regulate the renewal of licenses or certifications. (c) The board may conduct hearings on charges calling for the denial, revocation, or suspension of a license or certification or issuance of a monetary fine, shall adopt rules for the conduct of the hearings, and shall cause the prosecution of all persons who violate any provisions of this subchapter or any rule promulgated pursuant to its provisions. (d) The board may sue and be sued in its own name. (e) The Department of Health may employ any persons it deems necessary to carry on the work of the board and the department shall define their duties and fix their compensation within the limits prescribed by law. (f) The board shall maintain a register of all individuals licensed or certified under the provisions of this subchapter. The register shall be a public record. (g) The board shall keep a complete record of all of its proceedings. (h)(1) The board shall set by rule a fee schedule for: (A) Applications for licensure; (B) Examinations; (C) Renewal of licensure; (D) Late fees; (E) Fines; and (F) Administrative costs. (2) The fees shall be set at a level sufficient to cover the cost of supporting the duties of the board, hiring persons necessary to carry on the work of the board, and other functions necessary for the successful operation of the board.

Ark. Code Ann. § 17-27-407 Board to enjoin violations.

When it appears to the State Board of Examiners of Alcoholism and Drug Abuse Counselors that a person is violating any provisions of this subchapter, the board or any member thereof shall not be required to furnish bond for any cost or filing fees in connection with the proceeding.

Ark. Code Ann. § 17-27-408 Licensed alcoholism and drug abuse counselor — License requirements.

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall issue the license as a licensed alcoholism and drug abuse counselor to an applicant who meets the following requirements: (1) Is at least twenty-one (21) years of age; (2)(A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board; (3)(A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education. (B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research; (4) Has submitted an application on a form provided by the board and paid an application fee fixed by the board; (5) Has certified under penalty of perjury as evidenced by a notarized signature on the application for licensure that all education and experience requirements have been met; (6) Has submitted three (3) letters of reference; (7) Has paid to the board an examination fee fixed by the board; (8) Has passed a national qualifying written examination prescribed by the board, sufficient to ensure professional competence in keeping with the highest standards of the alcoholism and drug abuse counseling profession; (9) Has signed a written agreement to abide by the code of ethics adopted by the board; and (10) Holds a master's degree in the health or behavioral sciences field or other appropriate field from an accredited college or university. (b) The license shall be displayed in the licensee's principal place of practice and shall entitle the licensee to hold himself or herself forth to the public as providing services as authorized by this subchapter.

Ark. Code Ann. § 17-27-409 Licensed associate alcoholism and drug abuse counselor — License requirements.

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall issue a license as a licensed associate alcoholism and drug abuse counselor to an applicant who meets the following requirements: (1) Is at least twenty-one (21) years of age; (2)(A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board; (3)(A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education. (B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research; (4) Has submitted an application on a form provided by the board and paid an application fee fixed by the board; (5) Has certified under penalty of perjury as evidenced by a notarized signature on the application for licensure that all education and experience requirements have been met; (6) Has submitted three (3) letters of reference; (7) Has paid to the board an examination fee fixed by the board; (8) Has passed a national qualifying written examination prescribed by the board, sufficient to ensure professional competence in keeping with the highest standards of the alcoholism and drug abuse counseling profession; (9) Has signed a written agreement to abide by the code of ethics adopted by the board; (10) Holds a baccalaureate degree in the health or behavioral sciences field or other appropriate field from an accredited college or university; and (11)(A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised direct counseling experience in the alcoholism or drug abuse counseling field, either paid or voluntary. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board. (b) The certification shall be displayed in the associate's principal place of practice and shall entitle the individual to hold himself or herself forth to the public as providing services as authorized by this subchapter. (c) Associates licensed by the board may engage in the practice of alcoholism and drug abuse counseling after successfully completing a schedule of supervision prescribed by the board and performed under the direct supervision of a registered clinical supervisor in good standing with the board.

Ark. Code Ann. § 17-27-410 Certified alcoholism and drug abuse technician — Certification requirements.

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall issue the certification as a certified alcoholism and drug abuse technician to an applicant who meets the following requirements: (1) Is at least twenty-one (21) years of age; (2)(A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board; (3)(A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education. (B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research; (4) Has submitted an application on a form provided by the board and paid an application fee fixed by the board; (5) Has certified under penalty of perjury as evidenced by a notarized signature on the application for licensure that all education and experience requirements have been met; (6) Has submitted three (3) letters of reference; (7) Has paid to the board an examination fee fixed by the board; (8) Has passed a national qualifying written examination prescribed by the board, sufficient to ensure professional competence in keeping with the highest standards of the alcoholism and drug abuse counseling profession; (9) Has signed a written agreement to abide by the code of ethics adopted by the board; and (10) Holds a high school diploma or equivalent. (b) The certification shall be displayed in the technician's principal place of practice and shall entitle the individual to hold himself or herself forth to the public as providing services as authorized by this subchapter. (c) Technicians certified by the board may engage in the practice of alcoholism and drug abuse counseling only while under the direct supervision of a licensed alcoholism and drug abuse counselor who is registered as a registered clinical supervisor by the board. (d) A technician shall not receive a license as a licensed alcoholism and drug abuse counselor or a license as an associate alcoholism and drug abuse counselor unless the provisions of §§ 17-27-408 and 17-27-409 have been met.

Ark. Code Ann. § 17-27-411 Registered clinical supervisors.

The State Board of Examiners of Alcoholism and Drug Abuse Counselors may register persons who meet the qualifications and standards established by the board for registered clinical supervisors.

Ark. Code Ann. § 17-27-413 License and certificate renewal — Fee — Waiver.

(a) Each licensed alcoholism and drug abuse counselor, licensed associate alcoholism and drug abuse counselor, and certified alcoholism and drug abuse technician shall: (1) Renew his or her license or certificate every two (2) years; and (2) Pay the State Board of Examiners of Alcoholism and Drug Abuse Counselors a renewal fee fixed by the board. (b)(1) Renewal fees shall be waived for any licensee or person certified actually serving in the United States Armed Forces. (2) A waiver under subdivision (b)(1) of this section shall be effective for six (6) months following honorable discharge, separation, or release from the United States Armed Forces, after which period a license or certificate shall be considered lapsed. (c) The board, at its discretion, may require continuing education as a condition of license or certificate renewal.

Ark. Code Ann. § 17-27-414 Grievance procedure — Denial, revocation, or suspension of license or certificate — Appeals.

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors may hear the grievances of any person whose application for a license, registration, or certificate has been denied. (b)(1) The board may deny, revoke, or suspend any license, registration, or certificate upon proof that the person has willfully or repeatedly violated any of the provisions of this subchapter or any rule promulgated by the board or upon proof that a person has practiced outside the scope of practice for which he or she is licensed or certified under this subchapter. (2) The board may assess a monetary fine to a person licensed or certified under this subchapter in addition to or in lieu of the denial, revocation, or suspension of a license, registration, or certificate under subdivision (b)(1) of this section. (c) The board shall not suspend, revoke, or refuse to renew a license or certificate or assess a monetary fine, except after a hearing held before the board, upon notice to the person charged. (d) The notice shall: (1) Be in writing; (2) State the nature of the charges and the time and place of the hearing; and (3) Be served on the person charged by certified mail not less than thirty (30) days before the date of the hearing. (e) The person charged: (1) May appear in person or by counsel; (2) May testify; (3) May produce evidence and witnesses on his or her own behalf; (4) May cross-examine witnesses; and (5) Is entitled on application to the board to the issuance of subpoenas to compel the attendance of witnesses and the production of documentary evidence. (f)(1) The board or its authorized representative on his or her behalf shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths. (2) The board may invoke the aid of the circuit court for the county in which the hearing is held to enforce compliance with its subpoenas. (g) A stenographic or mechanical record of the hearing shall be taken, and a transcript shall be preserved by the board. (h) At all hearings before the board, the Attorney General of the State of Arkansas or one (1) of his or her assistants designated by him or her shall appear and represent the board. (i) The decision of the board shall be by a majority vote of the board. (j) A copy of the board's order shall be sent by certified mail to the last known address of the person charged. (k) The board may grant a rehearing when new and material evidence is offered for its consideration. (l)(1) Any person aggrieved by a final order of the board, within thirty (30) days of the entry of the order, may appeal to the circuit court of the county in which he or she resides. (2) The appeal shall be determined by the court upon the certified record, and new or additional evidence shall not be heard or considered by the court.

Ark. Code Ann. § 17-27-415 Funding of board.

All moneys received by the State Board of Examiners of Alcoholism and Drug Abuse Counselors under this subchapter shall be deposited into one (1) or more financial institutions in this state. The moneys shall be used for the operation of the board.

Ark. Code Ann. § 17-27-416 Confidentiality of information — Exception.

No individual licensed or certified under the provisions of this subchapter may disclose any information he or she may have acquired from persons consulting him or her in his or her capacity as a person regulated under this subchapter, except: (1) With the written consent of the person or, in the case of death or disability, of his or her authorized representative, or the beneficiary of an insurance policy on his or her life, health, or physical condition; (2) A communication that reveals the contemplation of a crime or a harmful act; (3) When the communication indicates that the person was the victim of a crime, the individual shall be required to testify fully when properly ordered by a court of competent jurisdiction in any examination, trial, or other proceeding in which the commission of a crime is the subject of inquiry; (4) Communications made in the course of an examination ordered by a court of competent jurisdiction when the client has been informed before the examination that any communications made during the examination would not be privileged; (5) When the individual is a defendant in either a civil or criminal action; or (6) If the individual has reasonable ground to suspect that a child has been abused or neglected, he or she shall report such information as required by law.

Ark. Code Ann. § 17-27-501 Text of compact.

The Counseling Compact is enacted into law and entered into by this state with all states legally joining therein and in the form substantially as follows: Counseling Compact SECTION 1: PURPOSE The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure. This Compact is designed to achieve the following objectives: A. Increase public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses; B. Enhance the States’ ability to protect the public’s health and safety; C. Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors; D. Support spouses of relocating Active Duty Military personnel; E. Enhance the exchange of licensure, investigative, and disciplinary information among Member States; F. Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services; G. Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits; H. Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses; I. Eliminate the necessity for licenses in multiple States; and J. Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026