Arkansas Administrative Code

17 CAR § 70-803. Licensure or registry requirements. Except as otherwise provided in the Ophthalmic Dispensing Act, Arkansas Code § 17-89-101 et seq., any person not licensed to practice medicine or optometry in Arkansas who shall perform or purport to perform any act described i…

17 CAR § 70-804. Qualifications for licensure or registry. (a) Each applicant for licensure or registry shall make application to the Arkansas Board of Dispensing Opticians upon a form and in such a manner as the board may require. (b) Each applicant shall: (1) Verify that he or …

17 CAR § 70-805. Review of application. (a)(1) The application and supporting documentation will be reviewed by the Secretary-Treasurer of the Arkansas Board of Dispensing Opticians. (2) Applicants will be notified by the secretary-treasurer of the applicant’s approval to test. (…

17 CAR § 70-806. Denial of application for licensure. (a) If a preliminary determination is made that the application should be denied, the Arkansas Board of Dispensing Opticians will inform the applicant of the opportunity for a hearing on the application. (b)(1) The grounds or …

17 CAR § 70-807. Written examination for licensure or registry. (a) The Arkansas Board of Dispensing Opticians adopts the National Practical Examination for registry or licensure. (b) Examinations shall be conducted pursuant to the guidelines established by the national testing s…

17 CAR § 70-808. Certificates. Every applicant successfully passing the examination of the Arkansas Board of Dispensing Opticians and satisfying the qualifications required under Arkansas Code § 17-89-304 and this part shall receive from the board a Certificate of Licensure or a …

17 CAR § 70-809. Office permit requirements. Pursuant to Arkansas Code § 17-89-408(a), it is unlawful for any person or legal entity to conduct an office or place of business in this state where ophthalmic dispensing services are offered or performed without an office permit.…

17 CAR § 70-810. Qualifications for office permit. All applicants for an office permit must complete the Arkansas Board of Dispensing Opticians-approved application form and enclose an application fee of sixty dollars ($60.00) for each location where an office permit is being sou…

17 CAR § 70-811. Office permit to be displayed. Each office permit obtained shall be prominently displayed in each office or place of business in this state where ophthalmic dispensing services are offered or performed.

17 CAR § 70-901. Use of apprentices approved. Except as limited in 17 CAR § 70-909, licensed or registered dispensing opticians may utilize no more than three (3) apprentice dispensing opticians to engage in ophthalmic dispensing under their direct personal physical supervision a…

17 CAR § 70-902. Apprentice application. (a) Apprentice dispensing opticians shall be approved by the Arkansas Board of Dispensing Opticians upon receipt of: (1) A properly completed application; (2) A current photograph of himself or herself approximately one inch by one inch (1…

17 CAR § 70-903. Apprentice supervision. (a) Apprentice dispensing opticians must submit with their application request a Supervision Agreement in the form and format provided by the Arkansas Board of Dispensing Opticians and signed by the licensed or registered dispensing optici…

17 CAR § 70-904. Termination of supervision. (a) If a supervision agreement is terminated for any reason and the apprenticed dispensing optician has not obtained the required supervision time for licensure as a registered dispensing optician, a new Supervision Agreement must be s…

17 CAR § 70-905. Failure to submit supervision agreement. Failure to submit a Supervision Agreement in the time required shall result in immediate suspension of the apprentice license without hearing.

17 CAR § 70-906. Reinstatement of apprentice license. The apprenticed optician license shall be eligible for reinstatement for a period of one hundred eighty (180) days upon the following conditions: (1) Submission of a signed Supervision Agreement; (2) Payment of any and all ann…

17 CAR § 70-907. Failure to reinstate suspended apprenticed license. (a) Any apprenticed dispensing optician license not reinstated within the prescribed time period will be considered revoked without hearing. (b) Any person for whom their apprenticed dispensing optician license …

17 CAR § 70-908. Apprenticed supervision requirements. (a) Apprenticed dispensing opticians must obtain four thousand eight hundred (4,800) actual hours of supervision to qualify as three (3) years of supervision. (b) These hours must be submitted on the Arkansas Board of Dispens…

17 CAR § 70-909. Supervising apprenticed opticians. A licensed or registered optician may not supervise more than three (3) full-time apprenticed dispensing opticians.

17 CAR § 70-910. Licenses granted. The Arkansas Board of Dispensing Opticians shall grant a license to an applicant who: (1) Completes an apprenticeship as defined by the Earn and Learn Act, Arkansas Code § 17-6-101 et seq.; (2) Passes the National Optician's Practical Examinatio…

17 CAR § 70-911. Applications denied. Should the Arkansas Board of Dispensing Opticians deny an application under 17 CAR § 70-910, the board shall provide the applicant with a written denial detailing the reason for the denial, including whether the board determined the applicant…

17 CAR § 70-912. Hours for apprenticeship. An apprenticeship under 17 CAR § 70-910 is not required to exceed the number of hours required by the Arkansas Board of Dispensing Opticians for licensure, except as otherwise required by federal law.

17 CAR § 75-1001. Professional ethics. (a) Except where in conflict with Arkansas law, the Arkansas Board of Examiners in Counseling adopts the most current ACA Code of Ethics for all persons holding an LAC or LPC license. (b) Except where in conflict with Arkansas law, the board…

17 CAR § 75-101. Preface. (a)(1) The enabling legislation of the Arkansas Board of Examiners in Counseling is codified at Arkansas Code § 17-27-101, and it provides for the licensure and regulation of: (A) Counselors and marriage and family therapists; and (B) The individuals who…

17 CAR § 75-102. Intent of the act. It is intended that the provisions of Arkansas Code § 17-27-101 et seq., operate in accordance with other laws.

17 CAR § 75-103. Definitions. As used in this part: (1)(A) “Board-approved supervisor status” means any person holding himself or herself out to the public by any title or description of services incorporating the words “approved supervisor status”. (B) Any person who meets the a…

17 CAR § 75-104. Description of organization. (a) The Arkansas Board of Examiners in Counseling is composed of nine (9) members appointed by the Governor to staggered terms of three (3) years. (b) The composition of the board shall include: (1) Six (6) licensed or licensable coun…

17 CAR § 75-105. Information for public guidance. (a) Records of the Arkansas Board of Examiners in Counseling shall be kept, maintained, and made available for inspection in accordance with the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq. (b) Records of …

17 CAR § 75-106. Purposes of organization. (a)(1) The Arkansas Board of Examiners in Counseling is responsible for the regulation of the titles and the practices of counseling and marriage and family therapy in the State of Arkansas. (2) This includes examining the qualifications…

17 CAR § 75-107. Organization of the board. (a) The Arkansas Board of Examiners in Counseling will elect officers within thirty (30) days before January 2 of each year. (b) The board shall elect a chair, a secretary, and other such officers, as it deems necessary, from its member…

17 CAR § 75-108. Meetings. (a)(1) Meetings of the Arkansas Board of Examiners in Counseling shall be open to the public in accordance with the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq. (2) Dates, times, and places of meetings shall be: (A) Furnished to…

17 CAR § 75-109. Finances. (a)(1) The Arkansas Board of Examiners in Counseling shall charge fees for: (A) Applications; (B) Licenses; (C) Examinations; and (D) Other administrative purposes deemed necessary by the board. (2) In addition to fees collected, the board is empowered …

17 CAR § 75-1101. Client communications and medical records. (a)(1) The client of persons licensed by the Arkansas Board of Examiners in Counseling has a privilege to refuse to disclose and to prevent any other person from disclosing his or her medical records or confidential com…

17 CAR § 75-1201. The practice of telemedicine — Definitions. As used in this subpart: (1) “Distant site” means the location of the healthcare professional delivering services through telemedicine at the time the services are provided (Arkansas Code § 17-80-402(1)); (2) “Originat…

17 CAR § 75-1202. Establishing a licensed counselor-client or marriage family therapist-client relationship. (a) A licensed counselor-client or marriage and family therapist-client relationship must be established in accordance with Arkansas Code §§ 17-80-402 and 17-80-403 and 17…

17 CAR § 75-1203. Minimum requirements for licensed counselor–client or marriage and family therapist-client relationship. For purposes of this part, a proper licensed counselor-client or marriage and family therapist-client relationship at a minimum requires that: (1) The licens…

17 CAR § 75-1204. When a licensed counselor-client or marriage and family therapist-client relationship is deemed to exist. For the purposes of this part, a proper licensed counselor-client or marriage and family therapist-client relationship is deemed to exist in the following s…

17 CAR § 75-1205. Exceptions. Recognizing a licensed counselor or marriage and family therapist’s duty to adhere to the applicable standard of care and to comply with mandatory reporting laws, the following situations are excluded from the requirement of this part by Arkansas Cod…

17 CAR § 75-1206. Professional relationship exceptions. Under Arkansas Code § 17-80-403(c), “professional relationship” does not include a relationship between a licensed counselor or marriage and family therapist and a client established only by the following: (1) An internet qu…

17 CAR § 75-1207. Requirements for services provided via telemedicine. The following requirements apply to all services provided by licensed counselors or marriage and family therapists using telemedicine: (1) The practice of counseling via telemedicine shall be held to the same …

17 CAR § 75-1208. Scope of practice. Licensed counselors or marriage and family therapists may practice counseling via telemedicine within the definitions found in 17 CAR § 75-103(2) and (8).

17 CAR § 75-1209. Confidentiality. (a) Licensed counselors or marriage and family therapists who use technology to facilitate supervision, consultation, or other confidential meetings shall use appropriate precautions to protect the confidentiality of those communications. (b) Pr…

17 CAR § 75-1301. License application fees. (a) License application fees are: (1) Application fee, initial LAC/LPC/LAMFT/LMFT license, one hundred dollars ($100); (2) Application for board-approved supervisor status fee, fifty dollars ($50.00); (3) Application extension fee, fift…

17 CAR § 75-1302. License fees. (a) License fees are: (1) Associates (LAC/LAMFT), two hundred dollars ($200); (2) Professionals (LPC or LMFT), two hundred fifty dollars ($250); (3) Dual license LAC/LAMFT, three hundred fifty dollars ($350); and (4) Dual license LPC/LMFT, four hun…

17 CAR § 75-1303. License renewal fees. License renewal fees are: (1) Biennial license renewal, associates (LAC/LAMFT), two hundred dollars ($200); (2) Biennial license renewal, professionals (LPC or LMFT), two hundred fifty dollars ($250); (3) Biennial dual license renewal fee, …

17 CAR § 75-1304. License examination fees. License examination fees are: (1) NCE, pay to NBCC; (2) NCMHCE, pay to NBCC; (3) AMFTRB Marital and Family Therapy National Examination, pay to AMFTRB; and (4) Arkansas Board of Examiners in Counseling Jurisprudence Exam, pay to NBCC.…

17 CAR § 75-1401. Purpose and use of declaratory orders. (a) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the Arkansas Board of Examiners in Counseling …

17 CAR § 75-1402. The petition. The process to obtain a declaratory order is begun by filing with the Arkansas Board of Examiners in Counseling a petition that provides the following information: (1) The caption shall read: “Petition for Declaratory Order before the Arkansas Boar…

17 CAR § 75-1403. Board disposition. (a)(1) The Arkansas Board of Examiners in Counseling may hold a hearing to consider a petition for declaratory order. (2) If a hearing is held, it shall be conducted in accordance with: (A) Arkansas Code §§ 25-15-208 and 25-15-213; and (B) The…

17 CAR § 75-201. Clergy. (a)(1) Clergy appointed and/or endorsed by their local congregation/church, synagogue, denominational institution, or agency to practice pastoral counseling as parts of their responsibilities or duties of their ministry assignments are exempt from licensu…

17 CAR § 75-202. Volunteers. (a)(1) Individuals who offer volunteer pastoral, marriage and family therapy, or counseling services are exempt from licensure requirements as long as their services are authorized and supervised by the local congregation/church, synagogue, denominati…