Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H2/9/23 H2/14/23 H2/16/23
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1359
4
5 By: Representatives Cavenaugh, Vaught
6 By: Senator K. Hammer
7
8 For An Act To Be Entitled
9 AN ACT TO ABOLISH THE ARKANSAS BOARD OF EXAMINERS IN
10 COUNSELING, THE STATE BOARD OF EXAMINERS OF
11 ALCOHOLISM AND DRUG ABUSE COUNSELORS, THE ARKANSAS
12 PSYCHOLOGY BOARD, AND THE ARKANSAS SOCIAL WORK
13 LICENSING BOARD; TO CREATE THE ARKANSAS STATE BOARD
14 OF MENTAL HEALTH PROFESSIONALS; TO DECLARE AN
15 EMERGENCY; AND FOR OTHER PURPOSES.
16
17
18 Subtitle
19 TO ABOLISH CERTAIN BOARDS; TO CREATE THE
20 ARKANSAS STATE BOARD OF MENTAL HEALTH
21 PROFESSIONALS; AND TO DECLARE AN
22 EMERGENCY.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. DO NOT CODIFY. Legislative findings and intent.
28 (a) The General Assembly finds that:
29 (1) Arkansas has for decades faced numerous challenges
30 associated with mental illness among its population;
31 (2) These challenges impose substantial burdens on the well-
32 being of Arkansans, the delivery of healthcare to those impacted and the
33 providers of those healthcare services, the economy, and the criminal justice
34 system;
35 (3) The coronavirus 2019 (COVID-19) pandemic further exacerbated
36 the challenges and burdens within the mental health professions;
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1 (4) One (1) of the greatest challenges is access to qualified
2 and properly licensed individuals to provide services to individuals with
3 mental illness; and
4 (5) Reforms are necessary to streamline and improve the
5 licensure application and approval process for individuals seeking licensure
6 or relicensure to provide mental health services in Arkansas.
7 (b) It is the intent of the General Assembly to:
8 (1) Amend the Arkansas Code to combine all professions that
9 treat mental illness under one (1) licensing board;
10 (2) Allow the licensing board under subdivision (b)(1) of this
11 section to create committees based on each category of a professional
12 specialty to make recommendations to the full licensing board regarding
13 rulemaking, disciplinary issues, ethical complaints, and evaluation of
14 applicants; and
15 (3) Streamline and improve the mental health professional
16 licensure process.
17
18 SECTION 2. DO NOT CODIFY. Abolition of Arkansas Board of Examiners in
19 Counseling — Transfer to Arkansas State Board of Mental Health Professionals.
20 (a) The Arkansas Board of Examiners in Counseling is abolished, and
21 its authority, powers, duties, functions, records, contracts, personnel,
22 property, and unexpended balances of appropriations, allocations, and other
23 funds, including the functions of budgeting or purchasing of the Arkansas
24 Board of Examiners in Counseling, are transferred to the Arkansas State Board
25 of Mental Health Professionals.
26 (b)(1) The Arkansas Board of Examiners in Counseling's statutory
27 powers, duties, and functions, including the functions of budgeting or
28 purchasing, records, contracts, personnel, property, and unexpended balances
29 of appropriations, allocations, and other funds are transferred to the
30 Arkansas State Board of Mental Health Professionals.
31 (2) All existing contracts with the Arkansas Board of Examiners
32 in Counseling may be renegotiated by the Arkansas State Board of Mental
33 Health Professionals.
34
35 SECTION 3. DO NOT CODIFY. Abolition of State Board of Examiners of
36 Alcoholism and Drug Abuse Counselors — Transfer to Arkansas State Board of
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1 Mental Health Professionals.
2 (a) The State Board of Examiners of Alcoholism and Drug Abuse
3 Counselors is abolished, and its authority, powers, duties, functions,
4 records, contracts, personnel, property, and unexpended balances of
5 appropriations, allocations, and other funds, including the functions of
6 budgeting or purchasing of the State Board of Examiners of Alcoholism and
7 Drug Abuse Counselors, are transferred to the Arkansas State Board of Mental
8 Health Professionals.
9 (b)(1) The State Board of Examiners of Alcoholism and Drug Abuse
10 Counselors' statutory powers, duties, and functions, including the functions
11 of budgeting or purchasing, records, contracts, personnel, property, and
12 unexpended balances of appropriations, allocations, and other funds are
13 transferred to the Arkansas State Board of Mental Health Professionals.
14 (2) All existing contracts with the State Board of Examiners of
15 Alcoholism and Drug Abuse Counselors may be renegotiated by the Arkansas
16 State Board of Mental Health Professionals.
17
18 SECTION 4. DO NOT CODIFY. Abolition of Arkansas Psychology Board —
19 Transfer to Arkansas State Board of Mental Health Professionals.
20 (a) The Arkansas Psychology Board is abolished, and its authority,
21 powers, duties, functions, records, contracts, personnel, property, and
22 unexpended balances of appropriations, allocations, and other funds,
23 including the functions of budgeting or purchasing of the Arkansas Psychology
24 Board, are transferred to the Arkansas State Board of Mental Health
25 Professionals.
26 (b)(1) The Arkansas Psychology Board's statutory powers, duties, and
27 functions, including the functions of budgeting or purchasing, records,
28 contracts, personnel, property, and unexpended balances of appropriations,
29 allocations, and other funds are transferred to the Arkansas State Board of
30 Mental Health Professionals.
31 (2) All existing contracts with the Arkansas Psychology Board
32 may be renegotiated by the Arkansas State Board of Mental Health
33 Professionals.
34
35 SECTION 5. DO NOT CODIFY. Abolition of Arkansas Social Work Licensing
36 Board — Transfer to Arkansas State Board of Mental Health Professionals.
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1 (a) The Arkansas Social Work Licensing Board is abolished, and its
2 authority, powers, duties, functions, records, contracts, personnel,
3 property, and unexpended balances of appropriations, allocations, and other
4 funds including the functions of budgeting or purchasing of the Arkansas
5 Social Work Licensing Board, are transferred to the Arkansas State Board of
6 Mental Health Professionals.
7 (b)(1) The Arkansas Social Work Licensing Board's statutory powers,
8 duties, and functions, including the functions of budgeting or purchasing,
9 records, contracts, peronnel, property, and unexpended balances of
10 appropriations, allocations, and other funds are transferred to the Arkansas
11 State Board of Mental Health Professionals.
12 (2) All existing contracts with the Arkansas Social Work
13 Licensing Board may be renegotiated by the Arkansas State Board of Mental
14 Health Professionals.
15
16 SECTION 6. Arkansas Code § 10-3-2602(b)(4), concerning the membership
17 of the Arkansas Legislative Task Force on Autism, is amended to read as
18 follows:
19 (b)(4) One (1) member who is a board-certified behavior analyst,
20 appointed by the Arkansas Psychology Board Arkansas State Board of Mental
21 Health Professionals;
22
23 SECTION 7. Arkansas Code Title 17, Chapter 27, is repealed.
24 Chapter 27 — Counselors
25
26 Subchapter 1 — General Provisions
27
28 17-27-101. Policy — Purpose.
29 (a) It is declared to be the policy of this state that activities of
30 those persons who render service to the public in the counseling area and use
31 the title “licensed professional counselor”, “licensed associate counselor”,
32 “licensed marriage and family therapist”, or “licensed associate marriage and
33 family therapist” should be regulated for the protection of public health,
34 safety, and welfare.
35 (b) It is the purpose and intent of this chapter to:
36 (1) Provide for the regulation of the practice of counseling in
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1 the State of Arkansas;
2 (2) Create a board of examiners in counseling and prescribe the
3 duties and powers of the board;
4 (3) Provide for the examination and licensure of counselors;
5 (4) Fix penalties for the violation of this chapter;
6 (5) Impose reasonable fees for applications, licenses,
7 examinations, and other administrative purposes that the board deems
8 necessary and provide for the use of funds derived from the fees; and
9 (6) Provide for the regulation of the use of the titles
10 “licensed professional counselor”, “licensed associate counselor”, “licensed
11 marriage and family therapist”, and “licensed associate marriage and family
12 therapist” for those who offer counseling services to the public.
13
14 17-27-102. Definitions.
15 As used in this chapter, unless the context otherwise requires:
16 (1) “Counseling services” means those acts and behaviors coming
17 within the practice of counseling, as defined in this section;
18 (2) “Counselor educator” means a person who:
19 (A) Possesses an advanced degree in counseling,
20 psychology, or a closely related field; and
21 (B) Is employed in a teaching position at least part-time
22 at an Arkansas institution of higher education or is retired from employment
23 in a teaching position with an Arkansas institution of higher education;
24 (3) “Licensed associate counselor” means any person who:
25 (A) Holds himself or herself out to the public by any
26 title or description of services incorporating the words “licensed associate
27 counselor”;
28 (B) Offers to render counseling services to individuals,
29 groups, organizations, corporations, institutions, government agencies, or
30 the general public for monetary remuneration or otherwise implying that he or
31 she is licensed, trained, experienced, or expert in counseling; and
32 (C) Holds a current, valid license to practice counseling
33 under the supervision of a licensed professional counselor. Nothing in this
34 definition shall be construed to include those professions excluded by § 17-
35 27-103;
36 (4) “Licensed associate marriage and family therapist” means any
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1 person who:
2 (A) Holds himself or herself out to the public by any
3 title or description of services incorporating the words “licensed associate
4 marriage and family therapist”;
5 (B) Offers to render marriage and family therapy services
6 to individuals, couples, and families, singularly or in groups, for monetary
7 remuneration; and
8 (C) Holds a current, valid license to practice marriage
9 and family therapy services under the supervision of a licensed marriage and
10 family therapist. Nothing in this definition shall be construed to include
11 those professions excluded by § 17-27-103;
12 (5) “Licensed marriage and family therapist” means any person
13 who:
14 (A) Holds himself or herself out to the public by any
15 title or description of services incorporating the words “licensed marriage
16 and family therapist”;
17 (B) Offers to render marriage and family therapy services
18 to individuals, groups, couples, families, organizations, corporations,
19 institutions, government agencies, or the general public for monetary
20 remuneration or otherwise implying that he or she is licensed, trained,
21 experienced, or expert in marriage and family therapy; and
22 (C) Holds a current, valid license to practice marriage
23 and family therapy, with the exception of those professions listed in § 17-
24 27-103;
25 (6) “Licensed professional counselor” means any person who:
26 (A) Holds himself or herself out to the public by any
27 title or description of services incorporating the words “licensed
28 professional counselor”;
29 (B) Offers to render counseling services to individuals,
30 groups, organizations, corporations, institutions, government agencies, or
31 the general public for monetary remuneration or otherwise, implying that he
32 or she is licensed, trained, experienced, or expert in counseling; and
33 (C) Holds a current, valid license to practice counseling,
34 with the exception of those professions listed in § 17-27-103;
35 (7)(A) “Marriage and family therapy” means the use of scientific
36 and applied marriage and family theories, methods, and procedures for the
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1 purpose of describing, evaluating, and modifying marital, family, and
2 individual behavior within the context of marital and family systems,
3 including the context of marital formation and dissolution.
4 (B) Marriage and family therapy is based on systems,
5 theories, marriage and family development, normal and dysfunctional behavior,
6 human sexuality, and psychotherapeutic, marital, and family therapy theories
7 and techniques and includes the use of marriage and family therapy theories
8 and techniques in the evaluation, assessment, and treatment of intrapersonal
9 or interpersonal dysfunctions within the context of marriage and family
10 systems.
11 (C) Marriage and family therapy may also include clinical
12 research into more effective methods for the treatment and prevention of the
13 above-named conditions.
14 (D) Nothing in this definition or in this chapter shall be
15 construed as precluding licensed professional counselors or licensed
16 associate counselors from rendering these services; and
17 (8) “Practice of counseling” means rendering or offering to
18 render to individuals, groups, organizations, or the general public any
19 service involving the application of principles, methods, or procedures of
20 the counseling profession which include, but are not restricted to:
21 (A) “Counseling”, which means assisting an individual or
22 groups, through the counseling relationship, to develop understandings of
23 personal problems, to define goals, and to plan action reflecting his or her
24 interests, abilities, aptitudes, and needs as these are related to personal
25 social concerns, educational progress, and occupations and careers;
26 (B) “Appraisal activities”, which means selecting,
27 administering, scoring, and interpreting instruments designed to assess an
28 individual's aptitudes, attitudes, abilities, achievements, interests, and
29 personal characteristics but shall not include the use of projective
30 techniques in the assessment of personality;
31 (C) “Consulting”, which means interpreting or reporting
32 scientific fact or theory to provide assistance in solving current or
33 potential problems of individuals, groups, or organizations;
34 (D) “Referral activities”, which means the evaluating of
35 data to identify problems and to determine the advisability of referral to
36 other specialists; and
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1 (E) “Research activities”, which means reporting,
2 designing, conducting, or consulting on research in counseling with human
3 subjects.
4
5 17-27-103. Exemptions.
6 (a) This chapter shall not be applicable to persons engaged in
7 counseling individuals or groups concerning weight loss, weight control, or
8 nutrition education, nor to persons whose counseling activities are confined
9 to the area of alcohol and drug abuse.
10 (b)