Title 34 — Title 34

Duties. There is hereby created a board to be known as the Alabama Board of Examiners in Counseling composed of seven members, appointed by the Governor of this state within 60 days after July 18, 1979, in the manner and for the term of office as hereinafter provided. The board s…

The place of examination shall be designated in advance by the board, and such examination shall be given annually at such time and place and under the supervision as the board may determine, and specifically at such other times as in the opinion of the board the number of applic…

The examination shall require that the applicant demonstrate his or her knowledge and application thereof in those areas deemed relevant to his or her specialty and those services he or she intends to offer to the public. History: (Acts 1979, No. 79-423, p. 649, §11; Act 2006-566…

In the event an applicant fails to receive a passing grade on the entire examination, the applicant may register and shall be allowed to take a subsequent examination. History: (Acts 1979, No. 79-423, p. 649, §12; Act 2000-810, p. 1925, §1; Act 2006- 566, p. 1314, §1.)

The board is required to preserve an examination score of each candidate, as part of its records for a period of two years following the date of examination. History: (Acts 1979, No. 79-423, p. 649, §13; Act 2006-566, p. 1314, §1.)

(a) Counselors licensed as a licensed professional counselor by the board shall be required to submit biennially at the time of renewal a license renewal fee to be established by the board. No license shall be renewed unless the renewal request is accompanied by evidence satisfac…

Upon application accompanied by fee the board may issue a license to any person who furnishes upon a form and in such manner as the board prescribes, evidence satisfactory to the board that he or she is licensed as a professional counselor or as a counselor associate by another s…

(a) The board by a majority of the board members present and voting is authorized to withhold, deny, revoke, or suspend, any license or certificate issued or applied for in accordance with this chapter or otherwise discipline a licensed professional counselor or associate license…

When it shall appear to the board that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the board in its discretion and in its own name may bring an action in any court of…

(a) In addition to any other powers and functions which may be conferred upon it by law, the board may issue an order assessing a civil penalty not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) against any person who holds himself or herse…

The Alabama Board of Examiners in Counseling shall have authority to administer oaths, to summon witnesses, to issue subpoenas, and to take testimony in all matters relating to its duties. The board shall be the sole agency in this state empowered to certify concerning competence…

For the purposes of this chapter, unless the context requires otherwise, the following words and phrases shall have the respective meanings ascribed by this section: (1) ASSOCIATE LICENSED COUNSELOR. Any person that has been licensed by the board to offer counseling services as d…

The Alabama Board of Examiners in Counseling shall license to engage in private practice all persons who shall present satisfactory evidence of attainments and qualifications under provisions of this chapter and the rules and regulations of the board. Such licensure shall be sign…

Practitioner and Client. For the purpose of this chapter, the confidential relations and communications between licensed professional counselor or certified counselor associate and client are placed upon the same basis as those provided by law between attorney and client, and not…

The Alabama Board of Examiners in Counseling shall adopt a code of ethics to govern appropriate practice or behavior as referred to in Section 34-8A-16 and Section 34-8A-17 and shall file such code with the Secretary of State within 30 days prior to effective date of such code. H…

For a period of one year from July 25, 1983, the board shall waive the requirements of subdivisions (5) and (6) of Section 34-8A-7, and shall grant the appropriate license upon payment of the required fee to any person submitting an application for licensure and proof of practice…

There shall be no monetary liability on the part of, and no cause of action shall arise against a licensed professional counselor or associate licensed counselor in failing to warn of and protect from a client who has communicated to the licensed professional counselor or associa…

(a) Nothing in this chapter shall be construed to apply to any of the following: (1) The activities, services, and use of an official title on the part of a person employed as a counselor by any federal, state, county, or municipal agency; public or private educational institutio…

Provision. (a) There is created an Alabama Board of Examiners in Counseling, to consist of seven members who shall be citizens of this state and appointed by the Governor pursuant to the requirements of this section. (b) Within 30 days from July 18, 1979, the Executive Committee …

Seal; Rules and Regulations; Grants. (a) The board shall elect annually a chair and a vice chair. Each member shall receive daily compensation as established by the board for each day actively engaged in the duties of the board and the same travel expense allowance as is paid to …

(a) 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 ti…

As used in this compact, the following terms have the following meanings: (1) ACTIVE DUTY MILITARY. Full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters…

(a) To participate in the compact, a state must currently: (1) License and regulate licensed professional counselors; (2) Require licensees to pass a nationally recognized exam approved by the commission; (3) Require licensees to have a 60 semester-hour (or 90 quarter-hour) maste…

(a) To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall: (1) Hold a license in the home state; (2) Have a valid United States Social Security number or national practitioner identifier; (3) Be eligible for a privilege to practic…

(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time. (b) If a licensed professional counselor changes primary state of residence by moving between two member state…

Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a hom…

(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with Section 34-8A-52 and under rules adopted by the commission, to practice professional counseling in any member state via telehealth under a privilege to pr…

(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to: (1) Take adverse action against a licensed professional counselor’s privilege to practice within that member state; (2) Issu…

(a) The compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission: (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commission shall be brought s…

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) Notwithstanding any o…

Renewal. (a) A licensee may request that the board designate his or her license with inactive status at any point prior to the date of renewal. Granting inactive status to a licensee revokes all privileges associated with this chapter until reactivation is requested by the licens…

(a) The commission shall adopt reasonable rules in order to effectively and efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the co…

(a) Oversight. (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules ad…

Associated Rules, Withdrawal, and Amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions which become effective at that time shall be limited to the powers granted to the commission …

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the Un…

(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state. (b) Nothing in this compact prevents the enforcement of any other law of a membe…

Except as to judicial proceedings for the enforcement of this compact among member states, individuals may pursue judicial proceedings related to this compact in any Alabama state or federal court that would otherwise have competent jurisdiction. History: (Act 2022-89, §16.)

Designation. The board shall issue a license as a licensed professional counselor to each applicant who files an application upon a form and in a manner as the board prescribes, accompanied by a fee as is required in this chapter, and who furnishes satisfactory evidence of the fo…

The board shall issue a license as an associate licensed counselor to each applicant who files an application upon a form and in such manner as the board prescribes accompanied by such fees as are required by this chapter, and who furnishes satisfactory evidence of the following …

For the purposes of this article, the following terms have the following meanings: (1) IMPAIRED. An inability to practice counseling with reasonable skill and safety to clients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other subs…

(a) The board shall promote the early identification, intervention, treatment, and rehabilitation of licensees who may be impaired. (b) The board may contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaini…

The Alabama Licensed Counselor Wellness Program is created to develop, maintain, and make available treatment programs for all licensees who voluntary seek medical intervention, treatment, and rehabilitation for an impairment. The program shall operate under the direction of the …

The Alabama Licensed Counselor Wellness Committee may perform all of the following functions and duties: (1) Receive and evaluate reports of suspected impairment from any source, including referrals from the board. (2) Intervene in the case of a verified impairment. (3) Refer imp…

(a) The wellness program is a confidential non-punitive alternative to disciplinary sanction for an impaired licensee who voluntarily seeks medical intervention, evaluation, treatment, counseling, or rehabilitation for his or her impairment. (b)(1) A licensee who does all of the …

(a) All information, interviews, reports, statements, memorandum, or other documents furnished to or produced by the Alabama Licensed Counselor Wellness Committee and any findings, conclusions, interventions, treatment, or rehabilitation, and related actions of the committee are …

Any licensee appointed to serve as a member of the Alabama Licensed Counselor Wellness Committee and any auxiliary personnel, consultants, attorneys, or other volunteers or employees of the committee taking any action authorized by this article, engaging in the performance of any…

After investigation of the application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for such rejection. …