Jonesboro, AR – (JonesboroRightNow.com) – July 12, 2024 – A law passed by the Arkansas Legislature in March 2023 is apparently stuck in the planning process and has yet to help serve its first mental health patient.
Act 260, sponsored by Representative Delia J. Haak (R-Siloam Springs), would allow licensed professional counselors in Arkansas to provide counseling services to clients who live or are temporarily relocated to states that are members of a mental health “compact.” At the time the law was passed 17 states were members of the mental health compact, including all states surrounding Arkansas with the exception of Texas.
The goal is improving public access to Professional Counseling services. Currently an Arkansas licensed counselor cannot provide services to a client who moves out of state or is temporarily relocated to another state. This could impact a mental health patient who has been under a counselor’s care in Arkansas but moves out-of-state to attend college or is relocated to live with a different family member. The counselor who has a relationship with his/her client in Arkansas is prohibited from providing counseling services out-of-state by current rules.
“We know there is a growing mental health crisis and a great need to increase the number of licensed counselors available to help Arkansans of all ages in all parts of our State,” Rep. Haak told JRN. “Act 260 provides legislative approval for Arkansas to join the Compact which will allow any qualified counselor within the member states to be able to practice in Arkansas. The purpose of Act 260 is to expand the number of Counselors that Arkansans can access and expand opportunities for Counselors to work with clients that live in Arkansas or to continue counseling via telehealth with clients that move to other states.”
Mental health counselors in Arkansas are governed by the Arkansas State Board of Examiners in Counseling, a group under the umbrella of the Arkansas Department of Health. JRN asked the board about the status of the services allowed by Act 260. We received answers from ADH Public Information Officer Danyelle McNeill:
In your words, what does Act 260 mean?
Act 260 of 2023 allows Licensed Professional Counselors to provide telehealth counseling services to clients in other Compact member states.
Is the practice Act 260 put in place allowed yet?
The Counseling Compact is not operational at this time.
Why not?
The Compact Commission is currently organizing the fee structure and construction of the electronic platform through which all Compact states will interact. Once the Counseling Compact is operational, the provisions of Act 260 will go into effect in the state of Arkansas.
Derek Spiegel owns Refuge Counseling Center in Jonesboro. He says the delay in implementing the system the legislature approved is frustrating. “The process of getting the Compact launched in Arkansas has taken too long. The Board is saying that it is the Compact that needs to take the next step,” Spiegel said. “As a professional I do not see the reason this approval of the process should take so long. It is my understanding that other States have the compact in place and working. I would think whatever the guidelines are for other States then they could use that as a model for Arkansas. The frustrating part is that when you involve government entities with things the process is never easy and rarely quick to get things implemented.”
A check of the Compact Commission’s website included a statement on the status of the creation of the compact: “The Counseling Compact is not yet issuing compact privileges to practice. Throughout 2024, the Commission is working with developers to create the necessary database to receive applications, provide interstate data communications, and issue privileges to practice. It is anticipated that the Counseling Compact will begin issuing compact privileges to practice in 2025. The Counseling Compact is enacted in some states, meaning those states have passed legislation to be part of the compact. However, the Counseling Compact is not yet operationalized, meaning the process to apply for and receive compact privileges is in the works and will be available in 2025.”
“I have clients where this Compact agreement could help,” Spiegel said. “The first would be my younger clients who attend college out of State. If they want to continue counseling while they are attending school, I cannot provide care as they are not in the State of Arkansas. Second example would be providing care to clients who are out of town due to business, family sickness or even vacation. A counselor cannot provide care to his/her clients while they are out of State.”
Representative Fran Cavenaugh (R-Walnut Ridge) was one of 83 members of the House of Representatives to vote FOR Act 260. When informed about the status of implementation of Act 260, Cavenaugh said “We need to normalize people getting mental health help. We must take the stigma away from it. Taking care of our mental health needs be on same level has our physical health.”
“The process should be expedited as we are talking about the needs of people and often times they are needing to continue care today,” Spiegel added.