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17-27-104. Prohibitions — Penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-27-104. Prohibitions — Penalties.
(a)(1) A person who holds himself or herself out to the public as being engaged in the practice of counseling or marriage and family therapy as defined in § 17-27-102 or represents himself or herself by the title “licensed professional counselor”, “licensed associate counselor”, “licensed marriage and family therapist”, or “licensed associate marriage and family therapist” and shall not then possess in full force and effect a valid license to practice counseling under this chapter is guilty of:
(A) For a first offense, a Class A misdemeanor; and
(B) For a second or subsequent offense, a Class D felony.
(2)(A) Each violation and conviction shall be deemed a separate offense.
(B) Notwithstanding the limits imposed for a Class A misdemeanor or a Class D felony as appropriate, if the defendant has derived pecuniary gain in the form of client fees received for services in violation of this chapter, the fees will be refunded.
(3) In addition to the criminal penalties provided under this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by a violation of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover:
(A) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation;
(B) Court costs;
(C) Reasonable attorney's fees;
(D) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and
(E) Exemplary or punitive damages in an amount determined by the fact finder.
(b) No firm, partnership, or corporation may offer to the public or other firms, partnerships, or corporations any counseling services as specified in §
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-27-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-27-104
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ab6a51cb939b1031ddb4544c60a899b7d341b3f5f76f6ad6daaf542ebdea5611
Source location: content.xml paragraph 8881
Stored source content
17-27-104. Prohibitions — Penalties.
(a)(1) A person who holds himself or herself out to the public as being engaged in the practice of counseling or marriage and family therapy as defined in § 17-27-102 or represents himself or herself by the title “licensed professional counselor”, “licensed associate counselor”, “licensed marriage and family therapist”, or “licensed associate marriage and family therapist” and shall not then possess in full force and effect a valid license to practice counseling under this chapter is guilty of:
(A) For a first offense, a Class A misdemeanor; and
(B) For a second or subsequent offense, a Class D felony.
(2)(A) Each violation and conviction shall be deemed a separate offense.
(B) Notwithstanding the limits imposed for a Class A misdemeanor or a Class D felony as appropriate, if the defendant has derived pecuniary gain in the form of client fees received for services in violation of this chapter, the fees will be refunded.
(3) In addition to the criminal penalties provided under this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by a violation of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover:
(A) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation;
(B) Court costs;
(C) Reasonable attorney's fees;
(D) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and
(E) Exemplary or punitive damages in an amount determined by the fact finder.
(b) No firm, partnership, or corporation may offer to the public or other firms, partnerships, or corporations any counseling services as specified in § 17-27-102 unless those services are performed or supervised by individuals fully and validly licensed under this chapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-27-102. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Counseling services” means those acts and behaviors coming within the practice of counseling, as defined in this section;
(2) “Counselor educator” means a person who:
(A) Possesses an advanced degree in counseling, psychology, or a closely related field; and
(B) Is employed in a teaching position at least part-time at an Arkansas institution of higher education or is retired from employment in a teaching position with an Arkansas institution of higher education;
(3) “Licensed associate counselor” means any person who:
(A) Holds himself or herself out to the public by any title or description of services incorporating the words “licensed associate counselor”;
(B) Offers to render counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise implying that he or she is licensed, trained, experienced, or expert in counseling; and
(C) Holds a current, valid license to practice counseling under the supervision of a licensed professional counselor. Nothing in this definition shall be construed to include those professions excluded by § 17-27-103;
(4) “Licensed associate marriage and family therapist” means any person who:
(A) Holds himself or herself out to the public by any title or description of services incorporating the words “licensed associate marriage and family therapist”;
(B) Offers to render marriage and family therapy services to individuals, couples, and families, singularly or in groups, for monetary remuneration; and
(C) Holds a current, valid license to practice marriage and family therapy services under the supervision of a licensed marria
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-27-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-27-102. This identifies an authority to review, not proof of applicability.