AR LPC Jurisprudence cheat sheet

The Arkansas Licensed Professional Counselors Act is codified at Ark. Code Ann. § 17-27-101 et seq.

The Arkansas Board of Examiners in Counseling consists of seven members appointed by the Governor; a majority must be licensed professional counselors.

Board rule violations can result in disciplinary action under Ark. Code Ann. § 17-27-311, including revocation, suspension, probation, reprimand, or fine.

License renewal occurs every two years; the Board may require continuing education hours as a condition of renewal.

The Board has authority to adopt rules under Ark. Code Ann. § 17-27-307 to implement the licensure act.

Unlicensed practice of counseling is a Class A misdemeanor under Ark. Code Ann. § 17-27-310.

The Board may issue subpoenas and administer oaths in disciplinary investigations (Ark. Code Ann. § 17-27-309).

Licensure requirements include a graduate degree in counseling, supervised experience, and passing the National Counselor Examination.

The practice of counseling includes applying mental health, behavioral, and developmental principles to assess, diagnose, and treat individuals, couples, families, and groups.

Only individuals licensed by the Arkansas Board of Examiners in Counseling may use the title 'Licensed Professional Counselor' or the abbreviation 'LPC'.

Use of the title 'counselor' or 'professional counselor' without a license is prohibited under Ark. Code Ann. § 17-27-310.

Licensed Professional Counselors may diagnose and treat mental disorders as defined in the DSM, within their scope of competence.

The scope of practice includes consultation, referral, and the use of psychological testing and assessment techniques when qualified.

LPCs may not prescribe medication; prescribing is outside the scope of counseling practice.

The Board may define by rule additional activities that constitute the practice of counseling, including telehealth.

Title protection extends to titles such as 'Licensed Associate Counselor' and 'Licensed Professional Counselor Supervisor'.

Applicants must hold a master's or doctoral degree in counseling or a related field from a regionally accredited institution.

The graduate degree must include a minimum of 60 semester credit hours, including a supervised practicum and internship.

Applicants must complete 3,000 hours of post-master's supervised counseling experience over a minimum of 24 months.

Supervision must include at least 100 hours of face-to-face supervision with a Board-approved supervisor.

Applicants must pass the National Counselor Examination (NCE) or the National Clinical Mental Health Counseling Examination (NCMHCE) as designated by the Board.

Licenses must be renewed every two years by the expiration date; late renewal may require a fee and continuing education.

Continuing education requirements include 30 clock hours per renewal cycle, with specific hours in ethics and Arkansas law.

The Board may grant licensure by reciprocity or endorsement to counselors licensed in another state with equivalent requirements.

Arkansas law requires licensed counselors to report suspected child abuse or neglect to the Arkansas Child Abuse Hotline (1-800-482-5964) within 24 hours.

Reports of suspected adult abuse, neglect, or exploitation must be made to the Arkansas Department of Human Services.

The duty to protect is triggered when a client presents a serious and imminent threat of violence to an identifiable victim; the counselor must take reasonable steps to protect the victim.

Reasonable steps may include warning the intended victim, notifying law enforcement, and arranging for hospitalization.

Confidentiality may be breached to the extent necessary to comply with mandatory reporting laws.

Counselors must report impaired colleagues to the Board when the impairment poses a risk to clients.

The duty to protect does not require breaching confidentiality if the threat is not imminent or the victim is not identifiable.

Failure to report child abuse is a misdemeanor under Ark. Code Ann. § 12-12-507.

Client communications are privileged under Ark. Rule of Evidence 503; the privilege belongs to the client and can be waived only by the client or their legal representative.

Confidentiality exceptions include danger to self or others, child abuse reporting, court order, and client waiver.

Counselors must maintain records for at least seven years after termination of services, or until the client reaches age 21, whichever is longer.

Records must be kept securely and released only with written client authorization or as required by law.

Clients have a right to access their records unless the counselor determines that access would be harmful to the client.

When counseling minors, parents or guardians generally have access to records, but the counselor should consider the minor's privacy and developmental needs.

Group counseling confidentiality cannot be guaranteed by the counselor; counselors must inform group members of the importance of confidentiality.

Subpoenas for records or testimony must be validated; counselors should seek legal advice before responding.

Counselors must adhere to the ACA Code of Ethics and the Arkansas Board of Examiners in Counseling rules.

Dual or multiple relationships that could impair objectivity or exploit the client are prohibited.

Sexual or romantic relationships with current clients, their partners, or family members are prohibited.

Counselors must obtain informed consent before beginning counseling, including for telehealth services.

Counselors must practice within their boundaries of competence and seek supervision or referral when necessary.

Fees and billing practices must be disclosed in writing before services are rendered.

Counselors must avoid abandoning clients; termination requires notice, referral, and follow-up as appropriate.

Advertising must be accurate and not misleading; counselors may not use testimonials from current or former clients.

Complaints against licensed counselors may be filed with the Arkansas Board of Examiners in Counseling in writing.

The Board may conduct investigations, hold hearings, and impose sanctions including reprimand, probation, suspension, revocation, or fines.

Disciplinary actions are subject to the Arkansas Administrative Procedure Act (Ark. Code Ann. § 25-15-201 et seq.).

Licensees are entitled to notice and an opportunity for a hearing before disciplinary action is taken.

The Board may summarily suspend a license if there is imminent danger to the public health, safety, or welfare.

Grounds for discipline include fraud, incompetence, unprofessional conduct, and violation of Board rules.

The Board may require remediation, additional supervision, or continuing education as a condition of reinstatement.

Disciplinary actions are public record and may be reported to national databases.