AR LPC Jurisprudence flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Arkansas LPC statute

The Arkansas Licensed Professional Counselors Act, codified at Ark. Code Ann. § 17-27-101 et seq., governs licensure and practice of counseling in Arkansas.

Board composition

The Arkansas Board of Examiners in Counseling has seven members appointed by the Governor, with a majority being licensed professional counselors.

Board rulemaking authority

Under Ark. Code Ann. § 17-27-307, the Board may adopt rules necessary to implement the licensure act and regulate counseling practice.

Unlicensed practice penalty

Practicing counseling without a license is a Class A misdemeanor under Ark. Code Ann. § 17-27-310 and may result in fines or imprisonment.

Scope of practice

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

Title protection

Only licensed individuals may use the title 'Licensed Professional Counselor' or 'LPC'; unauthorized use violates Ark. Code Ann. § 17-27-310.

Prescribing prohibition

Licensed Professional Counselors may not prescribe medication; prescribing is outside the scope of counseling practice and reserved for medical professionals.

Telehealth practice

The Arkansas Board may define by rule additional activities constituting counseling practice, including telehealth, which requires compliance with the same ethical standards.

Graduate degree requirement

Applicants must hold a master's or doctoral degree in counseling or a related field from a regionally accredited institution, including at least 60 semester credit hours.

Supervised experience hours

Applicants must complete 3,000 hours of post-master's supervised counseling experience over at least 24 months, including 100 hours of face-to-face supervision.

National Counselor Examination

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

Continuing education requirement

Licensed counselors must complete 30 clock hours of continuing education per two-year renewal cycle, including specific hours in ethics and Arkansas law.

Child abuse reporting

Arkansas law requires counselors to report suspected child abuse or neglect to the Arkansas Child Abuse Hotline within 24 hours.

Duty to protect

When a client presents a serious and imminent threat to an identifiable victim, the counselor must take reasonable steps to protect the victim, such as warning or notifying law enforcement.

Adult abuse reporting

Counselors must report suspected adult abuse, neglect, or exploitation to the Arkansas Department of Human Services.

Impaired colleague reporting

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

Privileged communication

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 legal representative.

Confidentiality exceptions

Confidentiality may be breached for danger to self or others, child abuse reporting, court order, or client waiver.

Record retention period

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

Record release authorization

Records may be released only with written client authorization or as required by law; subpoenas must be validated before responding.

ACA Code of Ethics

Counselors must adhere to the ACA Code of Ethics and Arkansas Board rules, which set standards for professional conduct and ethical decision-making.

Dual relationships prohibition

Dual or multiple relationships that could impair objectivity or exploit the client are prohibited; sexual relationships with current clients are strictly forbidden.

Informed consent

Counselors must obtain informed consent before beginning counseling, including for telehealth services, disclosing fees, confidentiality limits, and procedures.

Competence boundary

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

Client abandonment

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

Complaint filing

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

Disciplinary sanctions

The Board may impose sanctions including reprimand, probation, suspension, revocation, or fines for violations of the licensure act or Board rules.

Administrative Procedure Act

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

Summary suspension

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

Grounds for discipline

Grounds for discipline include fraud, incompetence, unprofessional conduct, and violation of Board rules or the licensure act.

Reinstatement conditions

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

Public record

Disciplinary actions are public record and may be reported to national databases, affecting the licensee's ability to practice elsewhere.