§ 17-27-201 - Creation -- Members.

17-27-201. Creation -- Members.

(a) There is created a board to be known as the "Arkansas Board of Examiners in Counseling", consisting of nine (9) members who shall be appointed by the Governor.

(b) Appointments shall be made so as to ensure that the board consists of citizens of the United States, residents of Arkansas, at least one (1) member of each sex, and at least one (1) member of an ethnic minority.

(c) (1) The composition of the board shall include:

(A) (i) Six (6) licensed or licensable counselors, three (3) of whom are practicing counselors and three (3) of whom are counselor educators. One (1) of the six (6) shall also be a licensed marriage and family therapist, if available.

(ii) These members shall be appointed from a list submitted to the Governor not later than November 1 of each year by the Executive Committee of the Arkansas Counseling Association or the Executive Committee of the Arkansas Mental Health Counselors Association;

(B) (i) One (1) licensed marriage and family therapist.

(ii) This member shall be appointed from a list submitted to the Governor not later than November 1 of each year by the Board of Directors of the Arkansas Association for Marriage and Family Therapists;

(C) (i) One (1) member from the general public who is not licensed or licensable and not actively engaged in or retired from the profession of counseling who shall represent consumers.

(ii) This member shall be appointed from a list submitted to the Governor not later than November 1 of each year by the Executive Committee of the Arkansas Counseling Association or the Executive Committee of the Arkansas Mental Health Counselors Association; and

(D) (i) One (1) member who shall represent the elderly.

(ii) This member shall be sixty (60) years of age or older and not actively engaged in or retired from the profession of counseling.

(iii) He or she shall be appointed from the state at large subject to confirmation by the Senate and shall be a full voting member but shall not participate in the grading of examinations.

(2) The same person may not be both the consumer representative and the representative of the elderly.

(d) Board members shall be appointed for three-year terms.

(e) (1) Vacancies for the unexpired terms of the professional members and the consumer member shall be filled by the Governor from candidates submitted within thirty (30) days of the vacancy by the Executive Committee of the Arkansas Counseling Association or the Executive Committee of the Arkansas Mental Health Counselors Association and the Board of Directors of the Arkansas Association for Marriage and Family Therapists.

(2) The appointments shall be made within thirty (30) days after the candidates' names have been submitted.

(f) Any board member may be removed by the Governor after written notice and a hearing for incapacity, incompetence, neglect of duty, or malfeasance in office.

(g) Board members shall be ineligible for reappointment for a period of three (3) years following completion of their terms.

(h) (1) The members shall immediately and before performing public duties take the constitutional oath of office.

(2) (A) Members shall file the oath in the office of the Governor, who upon receiving it shall issue to each member a certificate of appointment.

(B) Each member may receive expense reimbursement in accordance with 25-16-901 et seq., provided that the expenses shall in no case exceed funds available to the board.