Tenn. Comp. R. & Regs. 0450-01-.05

Current through September 10, 2024

Section 0450-01-.05 - PROCEDURES FOR LICENSURE

To become licensed as a professional counselor in Tennessee a person must comply with the following procedures and requirements.

(1) Professional Counselor by Examination

(a) An application shall be requested from the Board's administrative office or shall be downloaded from the Internet.

(b) An applicant shall respond truthfully and completely to every question or request for information contained in the form, and submit it along with all documentation and fees required by the form and this rule to the board's administrative office. It is the intent of this rule that all steps necessary to accomplish the filing of the required documentation be completed prior to filing an application and that all documentation be filed simultaneously.

(c) Applications for licensure will be accepted throughout the year and files which are completed on or before the 30th day prior to the meeting will ordinarily be processed at the next board meeting scheduled for the purpose of reviewing files. Supporting documents requested in these instructions must be received in the board's office within 60 days of receipt of your application or the file will be closed.

(d) An applicant shall pay, at the time of application, the nonrefundable application fee as provided in rule 0450-01-.06.

(e) An applicant shall submit verification of having completed a supervised practicum or internship pursuant to T.C.A. § 63-22-104.

(f) An applicant shall submit with his application, a certified copy of his birth certificate.

(g) An applicant shall submit a clear and recognizable recently taken, bust photograph which shows the full head face forward from at least the top of the shoulders up.

(h) It is the applicant's responsibility to request a graduate transcript from his degree granting institution, pursuant to T.C.A. § 63-22-104, be submitted directly from the school to the board's administrative office. The institution granting the degree must be accredited, pursuant to rule 0450-01-.04(1), at the time the degree was granted. The transcript must show that the degree has been conferred and carry the official seal of the institution and reference the name under which the applicant has applied for licensure. The transcript must show at least 60 graduate semester hours, pursuant to rule 0450-01-.04(1). The educational requirements contained in this rule must be completed prior to the date of application for licensure.

(i) An applicant shall complete and submit the worksheet form for reporting course work.

(j) An applicant shall submit evidence of good moral character. Such evidence shall include at least two recent, within the preceding 12 months, original letters from professionals attesting to the applicant's personal character and professional ethics and typed on the signator's letterhead.

(k) An applicant shall submit evidence of completing a minimum of two (2) years supervised post-master's experience under the direction of an approved supervisor, pursuant to rule 0450-01-.04(1)(d).

(l) An applicant shall direct NBCC to submit directly to the Board's office evidence that he or she passed the National Counselor Examination pursuant to rule 0450-01-.08.

(m) An applicant shall disclose the circumstances surrounding any of the following:

1. Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations.

2. The denial of certification or licensure application by any other state or the discipline of certification or licensure in any state.

3. Loss or restriction of certification or licensure.

4. Any civil suit judgment or civil suit settlement in which the applicant was a party defendant including, without limitation, actions involving malpractice, breach of contract, antitrust activity, or any other civil action remedy recognized under any country's or state's statutory, common, or case law.

5. If the applicant discloses any of the above, the Board may require the applicant to appear before the Board to answer questions regarding the circumstances and regarding the applicant's fitness to practice in the State of Tennessee. The burden is on the applicant to prove by a preponderance of the evidence the circumstances of any of the above.

6. Any of the above may be grounds for denial or conditioning of the license if the Board determines it to be unprofessional conduct or conduct that violates T.C.A. §§ 63-22-101, et seq. or Board rules and regulations.

(n) An applicant shall cause to be submitted to the Board's administrative office directly from the vendor identified in the Board's licensure application materials, the result of a criminal background check.

(o) When necessary, all documents required to be submitted shall be translated into English and such translation certified along with the original document as to authenticity by the issuing source.

(p) Personal resumes are not acceptable and will not be reviewed .

(q) Application review and licensure decisions shall be governed by rule 0450-01-.07.

(r) The burden is on the applicant to prove by a preponderance of the evidence that his course work, supervision, and experience are equivalent to the board's requirements.

(2) Licensed Professional Counselor by Upgrade.

(a) An application shall be requested from the Board's administrative office or shall be downloaded from the Internet.

(b) Requests for upgrade will be accepted throughout the year and files which are completed on or before the 30th day prior to the meeting will ordinarily be processed at the next board meeting scheduled for the purpose of reviewing files. Supporting documents requested in these instructions must be received in the board office within 60 days of receipt of your application or the file will be closed.

(c) An individual seeking to upgrade shall pay the nonrefundable upgrade review fee, pursuant to rule 0450-01-.06, upon submission of the upgrade application.

(d) An applicant shall respond truthfully and completely to every question or request for information contained in the form and submit it along with all documentation and fees required by the form and this rule to the board administrative office. It is the intent of this rule that steps necessary to accomplish the filing of the application and that all documentation be filed simultaneously.

(e) An individual currently registered with the board may upgrade his certification to licensure by providing a copy of his current CPC certificate and:

1. Submitting evidence that he holds a current certification from NBCC, or

2. Compliance with the requirements pursuant to rule 0450-01-.04(1), or

3. Providing verification to the Board's satisfaction, that he has had five (5) years professional experience as a certified professional counselor.

(f) An applicant shall disclose the circumstances surrounding any of the following:

1. Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations.

2. The denial of certification or licensure application by any other state or the discipline of certification or licensure in any state.

3. Loss or restriction of certification or licensure.

(g) An applicant shall cause to be submitted to the Board's administrative office directly from the vendor identified in the Board's licensure application materials, the result of a criminal background check.

(h) Where necessary, all documents required to be submitted shall be translated into English and such translation certified along with the original document as to authenticity by the issuing source.

(i) Upgrade review and licensure decisions shall be governed by rule 0450-01-.07.

(j) Personal resumes are not acceptable and will not be reviewed.

(k) The burden is on the applicant to prove by a preponderance of the evidence that he possesses the qualifications to upgrade to licensure status.

(3) Licensed Professional Counselor (LPC) by Reciprocity

(a) The Board may issue a license to any individual who holds a current professional counselor license from another state of the United States which has entered into a mutual reciprocity agreement with the Tennessee Board for Professional Counselors, Marital and Family Therapists, and Clinical Pastoral Therapists, and who meets the qualifications stated in rule 0450-01-.04(3).

(b) An application shall be requested from the Board's administrative office or shall be downloaded from the Internet. An applicant shall pay, at the time of application, the nonrefundable application fee as provided in rule 0450-01-.06.

(c) Applications for licensure will be accepted throughout the year and files which are completed on or before the 30th day prior to the meeting will ordinarily be processed at the next Board meeting scheduled for the purpose of reviewing files. Supporting documents requested in these instructions must be received in the Board office within sixty (60) days of receipt of the application or the file will be closed.

(d) An applicant shall respond truthfully and completely to every question or request for information contained in the form and submit it along with all documentation and fees required by the form and this rule to the Board administrative office. It is the intent of this rule that all steps necessary to accomplish the filing of the required documentation be completed prior to filing an application and that all documentation be filed simultaneously.

(e) An applicant shall submit a clear and recognizable, recently taken, bust photograph which shows the full head face forward from at least the top of the shoulders up.

(f) An applicant shall submit a certified photocopy of his or her birth certificate.

(g) An applicant shall submit evidence of good moral character. Such evidence shall include two recent, within the preceding twelve (12) months, original letters from professionals attesting to the applicant's personal character and professional ethics and typed on the signator's letterhead.

(h) An applicant shall submit a copy of his original certificate or license from the other state along with an official statement or affidavit from the appropriate certification or licensing agency in the other state which indicates that the certificate or license is in effect and in good standing, as well as under what provision such certificate or license was issued (i.e. grandfathering, examination, reciprocity, endorsement, etc.).

(i) An applicant must submit a copy of his renewal certificate with the number from the other state and expiration date.

(j) The applicant shall provide the Board with a copy of his state's certification or licensing law and rules in effect at the time the applicant was credentialed.

(k) An applicant shall disclose the circumstances surrounding any of the following:

1. Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations.

2. The denial of certification or licensure application by any other state or the discipline of certification or licensure in any state.

3. Loss or restriction of certification or licensure.

4. Any civil suit judgment or civil suit settlement in which the applicant was a party defendant including, without limitation, actions involving malpractice, breach of contract, antitrust activity or any other civil action remedy recognized under any country's or state's statutory, common, or case law.

5. If the applicant discloses any of the above, the Board has the right to require the applicant to appear before the Board to answer questions regarding the circumstances and regarding the applicant's fitness to practice in the State of Tennessee. The burden is on the applicant to prove by a preponderance of the evidence the circumstances of any of the above.

6. Regardless of the terms of a reciprocal agreement with another state, any of the above may be grounds for denial or conditioning of the license if the Board determines it to be unprofessional conduct or conduct that violates T.C.A. §§ 63-22-101, et seq. or Board rules and regulations.

(l) An applicant shall cause to be submitted to the Board's administrative office directly from the vendor identified in the Board's licensure application materials, the result of a criminal background check.

(m) Where necessary, all documents required to be submitted shall be translated into English and such translation certified along with the original document as to authenticity by the issuing source.

(n) Application review and licensure decisions shall be governed by rule 0450-01-.07.

(o) Personal resumes are not acceptable and will not be reviewed.

(4) Licensed Professional Counselor with Mental Health Service Provider designation (LPC/MHSP).

(a) An application shall be requested from the Board's administrative office or shall be downloaded from the Internet.

(b) An applicant shall respond truthfully and completely to every question or request for information contained in the form, and submit it along with all documentation and fees required by the form and this rule to the Board's administrative office. It is the intent of this rule that all steps necessary to accomplish the filing of the required documentation be completed prior to filing an application and that all documentation be filed simultaneously.

(c) Applications for licensure will be accepted throughout the year and files which are completed on or before the 30th day prior to the meeting will ordinarily be processed at the next Board meeting scheduled for the purpose of reviewing files. Supporting documents requested in these instructions must be received in the Board's office within sixty (60) days of receipt of the application or the file will be closed.

(d) An applicant shall pay, at the time of application, the nonrefundable application fee as provided in rule 0450-01-.06.

(e) An applicant shall submit verification of having completed a supervised practicum or internship pursuant to T.C.A. § 63-22-104.

(f) An applicant shall submit with his application, a certified copy of his birth certificate.

(g) An applicant shall submit a clear and recognizable recently taken, bust photograph which shows the full head face forward from at least the top of the shoulders up.

(h) It is the applicant's responsibility to request a graduate transcript from his degree granting institution, pursuant to T.C.A. § 63-22-104, be submitted directly from the school to the Board's administrative office. The institution granting the degree must be accredited, pursuant to rule 0450-01-.04(4), at the time the degree was granted. The transcript must show that the degree has been conferred and carry the official seal of the institution and reference the name under which the applicant has applied for licensure. The transcript must show, pursuant to rule 0450-01-.04(4)(c)(3), at least sixty (60) graduate semester hours, including nine (9) from courses entirely or substantially pertaining to diagnosis, treatment, appraisal and assessment of mental disorders. The educational requirements contained in this rule must be completed prior to the date of application for licensure.

(i) An applicant shall complete and submit the worksheet form for reporting course work.

(j) An applicant shall submit evidence of good moral character. Such evidence shall include at least two (2) recent, within the preceding twelve (12) months, original letters from professionals attesting to the applicant's personal character and professional ethics and typed on the signator's letterhead.

(l) An applicant shall direct NBCC to submit directly to the Board's office evidence that he passed the National Counselor Examination and the National Clinical Mental Health Counseling Examination pursuant to rule 0450-01-.08.

(m) An applicant shall disclose the circumstances surrounding any of the following:

1. Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations.

2. The denial of certification or licensure application by any other state or the discipline of certification or licensure in any state.

3. Loss or restriction of certification or licensure.

(p) Personal resumes are not acceptable and will not be reviewed.

(q) Application review and licensure decisions shall be governed by rule 0450-01-.07.

(r) The burden is on the applicant to prove by a preponderance of the evidence that his course work, supervision, and experience are equivalent to the Board's requirements.

(5) Licensed Professional Counselor with Mental Health Service Provider designation (LPC/MHSP) by reciprocity.

(a) The Board may issue a license to any individual who holds a current, undisciplined professional counselor license with a Mental Health Provider designation, or its equivalent, from another state of the United States which has entered into a mutual reciprocity agreement with the Tennessee Board for Professional Counselors, Marital and Family Therapists, and Clinical Pastoral Therapists, and who meets the qualifications stated in rule 0450-01-.04(5).

(c) Applications for licensure will be accepted throughout the year and files which are completed on or before the 30th day prior to the meeting will ordinarily be processed at the next Board meeting scheduled for the purpose of reviewing files. Supporting documents requested in these instructions must be received in the Board office within 60 days of receipt of the application or the file will be closed.

(d) An applicant shall respond truthfully and completely to every question or request for information contained in the form and submit it along with all documentation and fees required by the form and this rule to the Board administrative office. It is the intent of this rule that all steps necessary to accomplish the filing of the required documentation be completed prior to filing an application and that all documentation be filed simultaneously.

(e) An applicant shall submit a clear and recognizable recently taken, bust photograph which shows the full head face forward from at least the top of the shoulders up.

(f) An applicant shall submit a certified photocopy of his birth certificate.

(g) An applicant shall submit evidence of good moral character. Such evidence shall include two recent, within the preceding 12 months, original letters from professionals attesting to the applicant's personal character and professional ethics and typed on the signator's letterhead.

(i) An applicant must submit a copy of his renewal certificate with the number from the other state and expiration date.

(j) The applicant shall provide the Board with a copy of his state's certification or licensing law and rules in effect at the time the applicant was credentialed.

(k) An applicant shall disclose the circumstances surrounding any of the following:

1. Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations.

2. The denial of certification or licensure application by any other state or the discipline of certification or licensure in any state.

3. Loss or restriction of certification or licensure.

4. Any civil suit judgment or civil suit settlement in which the applicant was a party defendant including, without limitation, actions involving malpractice, breach of contract, antitrust activity or any other civil action remedy recognized under any country's or state's statutory, common, or case law.

(n) Application review and licensure decisions shall be governed by rule 0450-01-.07.

(o) Personal resumes are not acceptable and will not be reviewed.

(6) Temporary licensure for Licensed Professional Counselor with Mental Health Service Provider designation (LPC/MHSP).

(a) An applicant for licensure as an LPC/MHSP may file an application for temporary licensure by submitting the non-refundable application fee required by Rule 0450-01-.06, and an application for licensure with all required documentation, pursuant to procedures outlined in paragraph (4) of this rule, except as follows:

1. The applicant need not show proof of the post-master's supervisory hours required by 0450-01-.05(4)(k).

2. The applicant need not show proof of having passed the National Clinical Mental Health Counseling Examination or the Tennessee Jurisprudence Examination.

3. The applicant must submit information about the proposed supervisor or supervisors, including proof that the supervisor meets the qualifications of 0450-01-.10(1) and a copy of the proposed supervisory agreement or employment contract.

(b) No person may be issued more than one (1) temporary license, nor shall a temporary license be valid for more than three (3) years.

(c) If an applicant is granted a temporary license, the license shall remain valid until the Board grants or denies the regular license application or until it shall become invalid for any of the following reasons:

1. Expiration of the three (3) year period.

2. Failure to continue in supervision during the three year period the license may be valid.

3. Change of supervisors without notifying the Board, submitting the credentials of the proposed supervisor, and obtaining the Board's approval.

(d) When a temporary license holder is notified by the Board that his temporary license is invalid for any reason, the applicant shall return the temporary license to the Board office within ten (10) days. The applicant is expected to cause his supervisor to notify the Board of any reason he is aware of that the license should become invalid. The Board will notify the supervisor when the temporary license becomes invalid.

(e) To replace the temporary license with a regular license for LPC/MSHP, the applicant shall:

1. Notify the Board in writing of intention to seek licensure, using the form provided by the Board.

2. Present proof of the following:

i. Completion of the required Post Master's supervised experience in a clinical setting which meets the requirement of 0450-01-.10; and

ii. Passage of the National Clinical Mental Health Counseling Examination and the Tennessee Jurisprudence Examination.

3. Upon receipt of the materials specified in Parts 1 and 2 the Board shall consider the previously submitted licensure application appropriately supplemented and grant or deny the regular license application, based on satisfactory completion of all requirements for licensure.

Tenn. Comp. R. & Regs. 0450-01-.05

Original rule filed October 9, 1986; effective November 23, 1986. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Amendment filed April 16, 1996; effective June 30, 1996. Amendment filed June 18, 1996; effective September 4, 1996. Amendment filed January 29, 1998; effective April 14, 1998. Amendment filed August 16, 2002; effective October 30, 2002. Amendment filed October 30, 2002; effective January 13, 2003. Amendment filed July 16, 2003; effective September 29, 2003. Amendment filed September 4, 2003 was effective November 18, 2003. However; stay of effective date filed by the Board for Professional Counselors, Marital and Family Therapists, and Clinical Pastoral Therapists on November 7, 2003; new effective date January 17, 2004. Amendment filed March 17, 2006; effective May 31, 2006. Amendment filed November 26, 2008; effective February 9, 2009. Amendments filed January 7, 2014; effective 4/7/2014.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-22-102, 63-22-104, 63-22-107, 63-22-110, 63-22-116, 63-22-117, 63-22-120, 63-22-121, and 63-22-150.