Arkansas Administrative Code

17 CAR § 390-801. Knowledge of standards. (a) Counselors are familiar with this part and the Standards of Practice, 17 CAR pt. 391, and other applicable ethics codes from other professional organizations of which they are members or from certification and licensure bodies. (b) La…

17 CAR § 390-802. Suspected violations. (a) Ethical behavior expected. (1) Counselors expect professional associates to adhere to this part. (2) When counselors possess reasonable cause that raises doubts as to whether a counselor is acting in an ethical manner, they take appropr…

17 CAR § 390-803. Cooperation with ethics committees. (a) Counselors assist in the process of enforcing this part. (b) Counselors cooperate with investigations, proceedings, and requirements of the: (1) Ethics Committee of the State Board of Examiners of Alcoholism and Drug Abuse…

17 CAR § 390-804. Ethical violations. (a) Self report. (1) As a condition of adherence to the process of enforcing this part, any counselor charged with a violation by a board of professional associates shall report such actions to the Ethics Committee of the State Board of Exami…

17 CAR § 391-101. Standards of Practice generally. (a) All members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors are required to adhere to this part and the Code of Ethics, 17 CAR pt. 390. (b) The Standards of Practice represent minimal behavioral statem…

17 CAR § 391-102. Counseling relationship. (a) Standard of Practice One (SP-1): nondiscrimination. (1) Counselors respect diversity and must not discriminate against clients because of: (A) Age; (B) Color; (C) Culture; (D) Disability; (E) Ethnic group; (F) Gender; (G) Race; (H) R…

17 CAR § 391-103. Confidentiality. (a) Standard of Practice Nine (SP-9): confidentiality requirement. (1) Counselors must keep information related to counseling services confidential unless disclosure is required by law. (2) When disclosure is required, only information that is e…

17 CAR § 391-104. Professional responsibility. (a) Standard of Practice Seventeen (SP-17): boundaries of competence. (1) Counselors must practice only within the boundaries of their competence. (2) See 17 CAR § 390-302(a). (b) Standard of Practice Eighteen (SP-18): continuing edu…

17 CAR § 391-105. Relationship with other professionals. (a) Standard of Practice Twenty-Nine (SP-29): accepting fees from agency clients. (1) Counselors must not accept fees or other remuneration for consultation with persons entitled to such services through the counselor’s emp…

17 CAR § 391-106. Evaluation, assessment, and interpretation. (a) Standard of Practice Thirty-One (SP-31): limits of competence. (1) Counselors must perform only testing and assessment services for which they are competent. (2) Counselors must not allow the use of psychological a…

17 CAR § 391-107. Teaching, training, and supervision. (a) Standard of Practice Thirty-Six (SP-36): sexual relationships with students or supervisees. (1) Counselors must not engage in sexual relationships with their students and supervisees. (2) See 17 CAR § 390-601(c). (b) Stan…

17 CAR § 391-108. Research and publication. (a) Standard of Practice Forty-Four (SP-44): precautions to avoid injury in research. (1) Counselors must avoid causing physical, social, or psychological harm or injury to subjects in research. (2) See 17 CAR § 390-701(c). (b) Standard…

17 CAR § 391-109. Resolving ethical issues. (a) Standard of Practice Forty-Nine (SP-49): ethical behavior expected. (1) Counselors must take appropriate action when they possess reasonable cause that raises doubts as to whether counselors or other mental health professionals are …

17 CAR § 391-110. Policies and procedures for responding to members’ requests for interpretations of the ethical standards. (a) Appropriate requests. (1) State Board of Examiners of Alcoholism and Drug Abuse Counselors members may request that the Ethics Committee of the Arkansas…

17 CAR § 392-101. Purpose. This part is intended to: (1) Provide a definition of a professional alcoholism and drug abuse counselor’s rights and responsibilities; and (2) Distinguish this profession from other behavioral healthcare professionals.…

17 CAR § 392-102. Introduction. Alcohol and other drug abuse counseling is the application of general counseling theories and treatment methods adapted to specific alcohol and drug theory and research, for the express purpose of treating persons with alcohol and other drug proble…

17 CAR § 392-103. Foundations for alcohol and drug abuse counseling. The practice of alcohol and drug counseling is based on the following knowledge: (1) Pharmacology and psychopharmacology of alcohol and drugs (drugs of abuse and drugs used in the treatment of addictions and oth…

17 CAR § 392-104. Scope of practice. (a) The practice of alcohol and drug abuse counseling consists of the activities listed below. (b) The practice of these activities will conform to the individual’s level of training, education, and supervised experience. (c) Clinical evaluati…

17 CAR § 393-101. Statement of organization and operations. Under enactment by the 82nd General Assembly of the State of Arkansas, 1999, the State Board of Examiners of Alcoholism and Drug Abuse Counselors was created and charged to provide for: (1) The licensure and registration…

17 CAR § 393-102. Mission statement. The mission of the State Board of Examiners of Alcoholism and Drug Abuse Counselors is to protect the public by upholding the standards of practice for alcoholism and drug abuse counselors.

17 CAR § 393-201. Officers. (a) The officers of the State Board of Examiners of Alcoholism and Drug Abuse Counselors will be: (1) Chair; (2) Vice chair; and (3) Secretary/treasurer. (b) Election of officers will be held annually. (c) These officers shall perform the duties prescr…

17 CAR § 393-202. Public meetings. (a) The business of the State Board of Examiners of Alcoholism and Drug Abuse Counselors will be conducted in public meetings pursuant to Robert’s Rules of Order. (b) All meetings will be conducted in conformity with the Freedom of Information A…

17 CAR § 393-203. Quorum. Seven (7) members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall constitute a quorum.

17 CAR § 393-204. Committees. (a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors may create standing and ad hoc committees. (b) The board chair will select members of committees. (c) A quorum for the transaction of committee business is a majority of the num…

17 CAR § 393-205. Agenda. (a)(1) The State Board of Examiners of Alcoholism and Drug Abuse Counselors administrator will prepare the agenda for regular and special meetings. (2) The agenda will be distributed to board members. (b)(1) The order of the agenda items is intended to b…

17 CAR § 393-301. Initiation of rulemaking. (a) The process of adopting a new rule or amending or repealing an existing rule (hereinafter referred to as rulemaking) may be initiated by the State Board of Examiners of Alcoholism and Drug Abuse Counselors. (b) Third persons outside…

17 CAR § 393-302. Petition to initiate rulemaking. (a) Third parties may initiate rulemaking to adopt, amend, or repeal a rule by filing a petition with the agency to initiate rulemaking. (b) The petition must contain the: (1) Name, address, and telephone number of the petitioner…

17 CAR § 393-401. Request for emergency rulemaking. (a) The proponent of a rule may request that the State Board of Examiners of Alcoholism and Drug Abuse Counselors adopt an emergency rule. (b) In addition to the text of the proposed rule or amendment to an existing rule and any…

17 CAR § 393-402. Finding of an emergency. (a) Upon receipt of the written statement requesting an emergency rulemaking and documents or other evidence submitted in support of the assertion that an emergency exists, the State Board of Examiners of Alcoholism and Drug Abuse Counse…

17 CAR § 393-403. Effective date of emergency rule. (a) The emergency rule will be effective immediately upon filing, or at a stated time less than thirty (30) days thereafter, if the State Board of Examiners of Alcoholism and Drug Abuse Counselors finds that this effective date …

17 CAR § 393-501. General. All State Board of Examiners of Alcoholism and Drug Abuse Counselors action regarding licensure shall be governed by Arkansas Code § 17-27-401 et seq.

17 CAR § 393-502. Requirement to keep current addresses on file. (a) All persons holding a license or permit issued by the State Board of Examiners of Alcoholism and Drug Abuse Counselors are required to provide the board with information so that the board can remain in contact a…

17 CAR § 393-503. Levels of licensure. (a) A two-tier licensure system is currently available. (b) The most significant difference in level of licensure relates to the level of education: (1) Licensed alcoholism and drug abuse counselor holds a master’s degree in the health or be…

17 CAR § 393-504. Applying for licensure. (a) All applications for licensure must be post marked to: Department of Health State Board of Examiners of Alcoholism and Drug Abuse Counselors 4815 W. Markham Street Box 42A Little Rock, AR 72205 (b) Hand delivered application packets w…

17 CAR § 393-505. Prelicensure criminal background check. (a) Pursuant to Acts 2019, No. 990, an individual may petition for a prelicensure determination of: (1) Whether the individual’s criminal record will disqualify the individual from licensure; and (2) Whether a waiver may b…

17 CAR § 393-506. Waiver request. (a) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102(a) or (e), the State Board of Examiners of Alcoholism and Drug Abuse Counselors may waive disqualification of a potential applicant or revocation of a licens…

17 CAR § 393-507. Workforce Expansion Act of 2021, Acts 2021, No. 725. The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall waive the initial licensing fee if the applicant: (1) Is receiving assistance through the: (A) Arkansas Medicaid Program; (B) Suppleme…

17 CAR § 393-508. Acts 2021, No. 746 — Work permit. The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall grant a license to an applicant who fulfills the Arkansas requirements for licensure and is a person who holds a federal Form I-766 United States Citizen…

17 CAR § 393-509. Uniformed service members licensure. (a) As used in this section: (1) “Uniformed service member” means an: (A) Active or reserve component member of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United St…

17 CAR § 393-510. Automatic occupational licensure. (a) “Automatic occupational licensure” means the granting of occupational licensure to an applicant who establishes residency in this state without the individual’s having met occupational licensure requirements provided: (1) Un…

17 CAR § 393-511. Reciprocity under Acts 2019, Nos. 426 and 1011. (a) Legislative intent. (1) It is the intent of the General Assembly to ensure that an individual may be credentialed to work in Arkansas if he or she generally demonstrates the skills and ethics required by state …

17 CAR § 393-512. Applying for relicensure. (a) Counselors applying for relicensure must submit the following in one (1) packet addressed to: Department of Health State Board of Examiners of Alcoholism and Drug Abuse Counselors 4815 W. Markham Box 42A Little Rock, AR 72205 (b) Th…

17 CAR § 393-513. Continuing education. (a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors requires that, during the two-year licensure cycle, a counselor obtain forty (40) hours of continuing education. (b)(1) No license shall be renewed unless the renewal …

17 CAR § 393-514. Adjudicative hearings. (a) Scope of this section. (1) This section applies in all administrative adjudications conducted by the State Board of Examiners of Alcoholism and Drug Abuse Counselors. (2) This procedure is developed to provide a process by which the bo…

17 CAR § 393-515. Actions taken upon license. (a) Denial of license. (1) If a preliminary determination is made that an application should be denied, the State Board of Examiners of Alcoholism and Drug Abuse Counselors will inform the applicant of the opportunity for a hearing on…

17 CAR § 393-516. Reinstatement after suspension. (a) An order suspending a license may provide that a person desiring reinstatement may file with the chair of the State Board of Examiners of Alcoholism and Drug Abuse Counselors a verified petition requesting reinstatement. (b) T…

17 CAR § 393-517. Relicensure for revoked or surrendered license. (a) No individual who has had his or her license revoked or who has surrendered his or her license will be licensed, except on petition made to the State Board of Examiners of Alcoholism and Drug Abuse Counselors. …

17 CAR § 30-101. Purpose. The purpose of this part is to provide requirements that are applicable to: (1) Embalmers; (2) Funeral directors; (3) Funeral establishments; (4) Mortuary service firms; (5) Crematory authorities; (6) Crematory retort operators; and (7) Transport service…

17 CAR § 30-102. Definitions. As used in this part: (1) “Advertisement” means the publication, dissemination, circulation or placing before the public, or causing directly or indirectly to be made, published, disseminated, or placed before the public, whether in print, over the r…

17 CAR § 30-103. Licensee in charge of funeral directing, embalming, and cremating. (a)(1) Funerals and burials conducted within the State of Arkansas must be under the personal supervision, direction, and charge of a licensed funeral establishment and a licensed Arkansas funeral…