AS Title 8, Chapter 29: Licensed Professional Counselors

Article 1. Board of Professional Counselors. Chapter 29. Licensed Professional Counselors. Sec. 08.29.010. Board creation; membership. (a) There is established the Board of Professional Counselors consisting of five members appointed by the governor, one of whom is a public member and four of whom are licensed professional counselors. (b) In addition to the requirements for public members under AS 08.01.025 , the public member of the board may not (1) ever have been a licensed professional counselor or employed in a commercial or professional field related to counseling; or (2) live in a household with a person who is or has been, or have an immediate family member who is or has been, a licensed professional counselor or employed in a commercial or professional field related to professional counseling; in this paragraph, “immediate family member” means a parent, sibling, or child related by blood, marriage, or adoption. (c) Of the four counselor members of the board, at least one shall be employed in the private sector and at least one shall be employed in the public sector. Sec. 08.29.020. Duties of the board. (a) [See delayed amendment note.] In addition to the duties specified in AS 08.01 , the board shall (1) license professional counselors, establish criteria for supervisor certification, and certify approved counselor supervisors under this chapter; the board may provide for licensure in areas of counseling specialization; (2) establish continuing education requirements for the renewal of a license under this chapter; (3) adopt, by regulation, a code of ethics that must be observed by persons licensed under this chapter; (4) establish education and training requirements that must be met before a professional counselor can administer and use assessment instruments described in AS 08.29.490 (1)(C); and (5) enforce the provisions of this chapter and adopt regulations necessary to carry out the board's duties under this chapter. (b) The board may delegate to the Department of Commerce, Community, and Economic Development, and the department may perform, a duty for which the board has authority. Article 2. Licensing Requirements. Sec. 08.29.100. Unlicensed use of title prohibited. (a) [See delayed amendment note.] A person who is not licensed under this chapter may not (1) profess to be a licensed professional counselor, a professional counselor, or a licensed counselor; or (2) make use of a title, words, letters, or abbreviations that may reasonably be confused with the title of “licensed professional counselor,” “professional counselor,” or “licensed counselor.” (b) Violation of this section is a class B misdemeanor, except that a third or subsequent conviction for violating this section is a class C felony. Sec. 08.29.110. Qualifications for licensure. (a) [See delayed amendment note.] The board shall issue a professional counselor license to a person who applies for the license, submits the required fee, submits two letters of recommendation from professional counselors who are familiar with the applicant's practice of professional counseling, and presents evidence satisfactory to the board that the person (1) is at least 18 years of age; (2) is not under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter; (3) has not had a license related to the practice of counseling, psychology, marital and family therapy, or social work in this or another jurisdiction suspended, revoked, or surrendered in lieu of discipline unless the license has been fully reinstated in that jurisdiction; (4) has passed a written examination as required by the board; the board may provide that passing a nationally recognized examination for professional counselors is sufficient to meet the examination requirement of this paragraph; (5) has successfully completed either (A) an earned doctoral degree in counseling or a related professional field from a regionally or nationally accredited institution of higher education approved by the board; or (B) an earned master's degree in counseling or a related professional field, from a regionally or nationally accredited institution of higher education approved by the board, and at least 60 graduate semester hours in counseling during or after earning the master's degree; and (6) has, after earning the degree required under either (5)(A) or (B) of this subsection, had at least 3,000 hours of supervised experience in the practice of professional counseling performed over a period of at least two years under the supervision of a supervisor approved under AS 08.29.210 , with at least 1,000 hours of direct counseling with individuals, couples, families, or groups and at least 100 hours of face-to-face supervision by a supervisor approved under AS 08.29.210 unless, under regulations of the board, the board allows the supervision to be by telephonic or electronic means because of the remote location of the counselor. (b) The board may, in its regulations, specify the areas of study that must be covered in order to meet the educational requirements of (a) of this section. Sec. 08.29.120. Licensure by credentials. (a) [See delayed amendment note.] Except as provided in (b) of this section, the board may issue a license under this chapter to a person who is licensed in another jurisdiction to practice professional counseling if the board finds that the other jurisdiction has substantially the same or higher licensure requirements as this state. (b) The board may not license under this section a person who is under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter until the investigation is complete and disciplinary sanctions, if any, are imposed and the person has complied with the sanctions. Sec. 08.29.130. Licensure of foreign-educated applicants. The board may issue a license under this chapter to a person who (1) has completed a doctorate or master's degree educational program in counseling or a related professional field in a foreign college or university approved by the board; (2) meets the requirements of AS 08.29.110 except for AS 08.29.110 (a)(5); and (3) demonstrates to the satisfaction of the board that the applicant's experience, command of the English language, and completed academic program meet the standards of a relevant academic program of an accredited educational institution in the United States. Sec. 08.29.140. License renewal. Renewal of a license under this chapter may not be granted unless the licensee, within the 24 months immediately preceding the renewal date, has completed the continuing education requirements established by the board. Article 3. Miscellaneous Provisions. Sec. 08.29.200. Confidentiality of communications. (a) A person licensed under this chapter may not reveal to another person a communication made to the licensee by a client about a matter concerning which the client has employed the licensee in a professional capacity. This section does not apply to (1) a communication to a potential victim, the family of a potential victim, law enforcement authorities, or other appropriate authorities concerning a clear and immediate probability of physical harm to the client, other individuals, or society; (2) a case conference or case consultation with other mental health professionals at which the patient is not identified; (3) the release of information that the client in writing authorized the licensee to reveal; (4) information released to the board during the investigation of a complaint or as part of a disciplinary or other proceeding; or (5) situations where the rules of evidence applicable to the psychotherapist-patient privilege allow the release of the information. (b) Notwithstanding (a) of this section, a person licensed under this chapter shall report incidents of (1) child abuse or neglect as required by AS 47.17 ; (2) harm or assaults suffered by a vulnerable adult as required by AS 47.24 . (c) Information obtained by the board under (a)(4) of this section is confidential and is not a public record for purposes of AS 40.25.110 — 40.25.140. Sec. 08.29.210. Supervisor certification. [See delayed repeal note.] (a) The board shall approve and certify a person as an approved counselor supervisor for the purposes of this chapter if the person (1) is licensed as a professional counselor or is a licensed physician, licensed advanced practice registered nurse who is certified to provide psychiatric or mental health services, licensed clinical social worker, licensed marital and family therapist, licensed psychologist, or licensed psychological associate; (2) submits an application for certification and the appropriate fee; (3) has five years of counseling experience; (4) provides to the board for its approval or disapproval a statement that details the person's supervision philosophy, orientation, and experience; and (5) meets other criteria that may be established by the board in regulations. (b) Certification under (a) of this section remains in effect, without the need for renewal of the certification, until the person's professional licensure is revoked, suspended, or otherwise lapses. Sec. 08.29.220. Disclosure statement. [See delayed amendment note.] A client may not be charged a fee for professional counseling services unless, before the performance of the services, the client was furnished a copy of a professional disclosure statement that contained (1) the name, title, business address, and business telephone number of the professional counselor; (2) a description of the formal professional education of the professional counselor, including the institutions attended and the degrees received from them; (3) the professional counselor's areas of specialization and the services available; (4) the professional counselor's fee schedule listed by type of service or hourly rate; (5) at the bottom of the first page of the statement, the following sentence: “This information is required by the Board of Professional Counselors which regulates all licensed professional counselors,” followed by the name, address, and telephone number of the board's office. Sec. 08.29.230. Limitation of practice. Notwithstanding that a specific act is within the definition of the “practice of professional counseling,” a person licensed under this chapter may not perform the act if the person lacks appropriate education or training related to the act. Article 4. General Provisions. Sec. 08.29.400. Grounds for denial of license or for disciplinary sanctions. (a) [See delayed amendment note.] The board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter or deny a license to a person when the board finds that the person (1) has an addiction to, or severe dependency on, alcohol or other drugs that impairs the person's ability to engage safely in the practice of professional counseling; (2) has been convicted of a felony and has not been sufficiently rehabilitated to merit the public trust; (3) used fraud, deception, misrepresentation, or bribery in securing a license under this chapter or in obtaining permission to take an examination required under this chapter; (4) is incompetent or has committed misconduct, fraud, misrepresentation, or dishonesty in the performance of the functions of a licensed professional counselor; (5) violated, or assisted another individual to violate, a provision of this chapter or a regulation adopted under this chapter; (6) impersonated a person who holds a license under this chapter; (7) has had a license related to the practice of counseling, psychology, marital and family therapy, or social work in this or another jurisdiction revoked, suspended, limited, or surrendered in lieu of discipline upon grounds for which a license issued under this chapter could be revoked, suspended, limited, or surrendered in lieu of discipline; this paragraph does not apply to license actions for failure to pay a renewal fee; (8) assisted another person who is not licensed under this chapter in an attempt to represent the person to the public as a licensed professional counselor; (9) was issued a license based on a material mistake of fact; (10) used an advertisement or solicitation that is false, misleading, or deceptive to the general public or the person to whom the advertisement was primarily directed; or (11) failed to respond within 30 days to a written communication from the board concerning an investigation by the board or failed to make available to the board a relevant record with respect to an investigation about the licensee's conduct or background. (b) The board may not impose disciplinary sanctions on a licensee for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if (1) the licensee or another licensed health care provider is available to provide follow-up care; (2) the licensee requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the licensee is not the person's primary care provider and, if the person consents, the licensee sends the records to the person's primary care provider; and (3) the licensee meets the requirements established by the board in regulation. (c) The board shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues. Sec. 08.29.490. Definitions. In this chapter, (1) “practice of professional counseling” means, subject to (C) of this paragraph, the application of principles, methods, or procedures of the counseling profession to diagnose or treat, other than through the use of projective testing or individually administered intelligence tests, mental and emotional disorders that are referenced in the standard diagnostic nomenclature for individual, group, and organizational therapy, whether cognitive, affective, or behavioral, within the context of human relationships and systems; if otherwise within the scope of this paragraph, “practice of professional counseling” includes (A) the professional application of evaluation techniques, treatments, and therapeutic services to individuals and groups for the purpose of treating the emotional and mental disorders; (B) an applied understanding of the dynamics of the individual and of group interactions, along with the application of therapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and changing perceptions, attitudes, and behaviors in the area of human relationships; and (C) consistent with regulations adopted by the board under AS 08.29.020 (a)(4), administration and use of appropriate assessment instruments that measure or diagnose problems or dysfunctions within the course of human growth and development as part of a counseling process or in the development of a treatment plan; (2) “supervision” means supervision in which the supervisor is available to provide clinical oversight to the supervisee either in person or by a communication device.