1. Licensed Professional Counselor (LPC): any person who offers professional
counseling services for compensation to any person and is licensed pursuant to the
provisions of the Licensed Professional Counselors Act
2. Board: the state board of Behavioral Health Licensure
3. Counseling: means the application of mental health and developmental princi-
ples in order to:
-facilitate human development & adjustment throughout the life span
-prevent, diagnose or treat mental, emotional or behavioral disorders or associated
distress which interfere with mental health
-conduct assessments or diagnoses for the purpose of establishing treatment goals
and objectives, and
-plan, implement or evaluate treatment plans using counseling treatment interven-
tions
4. Counseling treatment interventions: the application of cognitive, effective, be-
havioral and systemic counseling strategies which include principles of develop-
ment, wellness, and pathology that reflect a pluralistic society. Such interventions
are specifically implemented in the context of a professional counseling relationship
5. Consulting: interpreting or reporting scientific fact or theory in counseling to
provide assistance in solving current or potential problems of individuals, groups or
organizations
6. Referral activities: evaluating of data to identify problems and to determine the
advisability of referral to other specialists
7. Research activities: reporting, designing, conducting or consulting on research
in counseling
8. Specialty: the designation of a subarea of counseling practice that is recognized
by a national certification agency or by the Board
9. Supervisor: a person who meets the requirements established by the Board and
who is licensed pursuant to the Licensed Professional Counselors Act
10. Licensed Professional Counselor Candidate: a person whose application for
licensure has been accepted and who is under supervision for licensure as provided
in Section 1906 of this title
11. Executive Director: the Executive director of the state board of behavioral
health licensure
12. The Licensed Professional Counselors Act shall not be construed to in-
clude the pursuits of the following professionals acting w/n the scope of their
duties as such professionals, nor shall the title "Licensed Professional Coun-
selor" or "LPC" be used by such professionals:: Physicians, psychologists,
social workers, marital and family therapists and attorneys, rehabilitation counselors,
vocational evaluation specialists, psychiatric and mental health nurses, alcohol and
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drug counselors, school administrators, school teachers, and school counselors,
who are all certified by their respective certifying authorities; persons in the employ of
accredited institutions of higher education, or in the employ of accredited institutions
of local, state, or federal government and members of the clergy
13. The licensed professional counselors act shall not be construed to allow
the practice of any of the profession specified in subsection A of this section
by a licensed professional counselor unless:: said licensed professional coun-
selor is also licensed or accredited by am appropriate agency, institution or board.
14. The activities and services of a person in the employ of a private, nonprofit
behavioral services provider contracting with the state to provide behavioral
services with the state shall be exempt from licensure as a LPC if such
activities and services: are a part of the official duties of such person with the
private nonprofit agency
15. any person who is unlicensed and is operating under these exemptions
shall not use any of the following official titles or descriptions:: psychologist,
psychology or psychological, licensed social worker, clinical social worker, certified
rehabilitation specialist, licensed professional counselor, psychoanalyst or marital
and family therapist
16. Such exemption to the provisions of this section shall apply only while the
unlicensed individual is operating under the auspices of a contract with the
state and w/n the employ of the nonprofit agency contracting with the: state.
such exemption will not be applicable to any other setting.
17. State agencies contracting to provide behavioral health services will strive
to ensure that the quality of care is not compromised by contracting with
external providers and that the quality of service is at least equal to the
service that would be delivered if that agency were able to provide the service
directly. The persons exempt under the provisions of this section shall provide
services that are consistent with their training experience.: Agencies will also
ensure that the entity with which they are contracting has qualified professionals in
its employ and that sufficient liability insurance is in place to allow for reasonable
recourse by the public.
18. The activities and services of a person in the employ of a private, for-profit
behavioral services provider contracting with the state to provide behavioral
services to youth and families in the care and custody of the office of juvenile
affairs of the department of human services on March 14th, 1997 shall be
exempt from licensure as a licensed professional counselor if such activities
and services are a part of the official duties of such person with the private
for-profit contracting agency.: Any person who is unlicensed and operating under
these exemptions shall not use any of the following official titles or descriptions: psy-
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chologist, psychology or psychological, licensed social worker, clinical social worker,
certified rehabilitation specialist, licensed professional counselor, psychoanalyst or
marital and family therapist
19. Duties and responsibilities of the State Board of Behavioral Health Li-
censure:: 1. Prescribe, adopt and promulgate rules to implement and enforce the
provisions of the Licensed Professional Counselors Act, including the adoption of
the State Department of Health rules by reference;
2. Adopt and establish rules of professional conduct; and 3. Set license and exami-
nation fees as required by the Licensed Professional Counselors Act.
20. The Board shall have the authority to:: Seek injunctive relief; 2. Request
the district attorney to bring an action to enforce the provisions of the Licensed
Professional Counselors Act; 3. Receive fees and deposit said fees into the Licensed
Professional Counselors Revolving Fund as required by the Licensed Professional
Counselors Act; 4. Issue, renew, revoke, deny, suspend and place on probation
licenses to practice professional counseling pursuant to the provisions of the Li-
censed Professional Counselors Act; 5. Examine all qualified applicants for licenses
to practice professional counseling; 6. Request assistance from the State Board of
Medical Licensure and Supervision for the purposes of investigating complaints and
possible violations of the Licensed Professional Counselors Act; 7. Accept grants
and gifts from various foundations and institutions; and 8. Make such expenditures
and employ such personnel as the Executive Director may deem necessary for the
administration of the Licensed Professional Counselors Act.
21. Applications for a license to practice as a licensed professional counselor
shall be made to the State Board of Behavioral Health Licensure in writing.
Such applications shall be on a form and in a manner prescribed by the Board.
The application shall be accompanied by: the fee required by the Licensed
Professional Counselors Act, which shall be retained by the Board and not returned
to the applicant.
22. Each applicant for a license to practice as a licensed professional coun-
selor shall:: 1. Be possessed of good moral character; 2. Pass an examination
based on standards promulgated by the Board pursuant to the Licensed Profession-
al Counselors Act; 3. Be at least twenty-one (21) years of age; 4. Not have engaged
in, nor be engaged in, any practice or conduct which would be grounds for denying,
revoking or suspending a license pursuant to this title; and 5. Otherwise comply
with the rules promulgated by the Board pursuant to the provisions of the Licensed
Professional Counselors Act.
23. In addition to the qualifications specified by the provisions of subsection B
of this section, an applicant for a license to practice as a licensed professional
counselor shall have:: 1. Successfully completed at least sixty (60) graduate
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semester hours (ninety (90) graduate quarter hours) of counseling-related course
work. These sixty (60) hours shall include at least a master's degree in a counseling
field. All courses and degrees shall be earned from a regionally accredited college or
university. The Board shall define what course work qualifies as "counseling-related"
and what degrees/majors qualify as a "counseling field"; and 2. Three (3) years of
supervised full-time experience in professional counseling subject to the supervision
of a licensed professional counselor pursuant to conditions established by the Board.
One (1) or two (2) years of experience may be gained at the rate of one (1) year
for each thirty (30) graduate semester hours earned beyond the master's degree,
provided that such hours are clearly related to the field of counseling and are
acceptable to the Board. The applicant shall have no less than one (1) year of
supervised full-time experience in counseling.
24. Applicants with degrees from schools outside the United States may qual-
ify with Board approval by providing the Board with an acceptable compre-
hensive evaluation of the degree performed by: a foreign credential evaluation
service that is acceptable to the Board, and any other requirement the Board deems
necessary.
25. Examinations: Examinations shall be held at such times, at such place and in
such manner as the State Board of Behavioral Health Licensure directs. An exam-
ination shall be held at least annually. The Board shall determine the acceptable
grade on examinations. The examination shall cover such technical, professional
and practical subjects as relate to the practice of professional counseling.
26. if an applicant fails to pass the examinations: the applicant may reapply
27. The Board shall: preserve answers to any examination, and the applicant's
performance on each section, as part of the records of the Board for a period of
two (2) years following the date of the examination.
28. An applicant who meets the requirements for licensure pursuant to the
provisions of the Licensed Professional Counselors Act,: has paid the required
license fees and has otherwise complied with the provisions of the Licensed Pro-
fessional Counselors Act shall be licensed by the State Board of Behavioral Health
Licensure.
29. Act: Licensed Professional Counselors Act
30. APA: Administrative Procedure Act
31. Applicant: a person who has made a formal application with the Board
32. Approved LCP Supervisor: an individual who meets the qualifications to be-
come an approved supervisor and is approved by the Board
33. Board: the State Board of Behavioral Health Licensure