TPC Journal V8, Issue 1 - FULL ISSUE

100 The Professional Counselor | Volume 8, Issue 1 Criminal History. Although all applications for licensure inquired about criminal actions, often applications left the applicant room to determine whether they were convicted or charged with a relevant crime, whether the crime was a misdemeanor or felony, if the applicant pled guilty or were found guilty, and if convicted, for example, whether they could be incarcerated for more than a year. A small number of states inquired if the applicant was a defendant in a lawsuit related to the profession ( n = 3), had a felony expunged or pardoned ( n = 2), or experienced deferred prosecution ( n = 1). Based on language in some applications, it is possible that there can be sentencing without conviction and that some criminal activities may go unchecked. Second-tier licenses seemed to be requesting more specifics in the area of criminal activity; however, there are obvious issues with portability. In any case, clarifying the nature of the information requested could be beneficial. Another potential area of concern was related to the question of being convicted of moral turpitude. As noted previously, only 10% of states ( n = 5) deemed it important to investigate acts or behaviors that violate community standards or moral turpitude. In one respect, the broad definition of moral turpitude would seem to be common sense for inclusion in a counselor licensure application. However, the definition of moral turpitude could be so diverse across the country that behavior unacceptable in one state may be considered acceptable, insignificant, or simply ignored in another. This legal concept not only embodies a challenging theme related to defining these activities more uniformly, but also speaks directly to such important queries being avoided across most states. Mental Health Problems and Treatment. States should be applauded for putting emphasis on important matters, such as mental health, alcohol or other drug issues, treatment, and even psychological fitness, but the frequency of that emphasis appeared to be limited and the breadth of defining mental health problems and treatment was mottled. As a whole, states were interested in mental health problems ranging from drugs and alcohol usage to specific disorders, as well as requesting information about treatment related to those problems. States also ranged in interest regarding when these problems occurred (i.e., ever, in the past 2–10 years, currently). Even though applications inquired about mental health problems, they often lacked investigation regarding the level of impairment from mental health problems. Few states inquired about significant mental health problems. For example, the large majority of states (88%, n = 44) did not inquire about schizophrenia, psychotic disorders, hospitalizations, or if an applicant had ever been declared a potential health risk to the public. Even fewer states (8%, n = 4) inquired about sexual misconduct issues, such as pedophilia and voyeurism. It would be intuitive to be cautious with a potential counselor with high impact disorders providing service to a client, and yet so few states are doing so. So while the ACA Code of Ethics (2014) notes the importance of client welfare and professional responsibility matters such as impairment, licensing boards are missing potentially risky conditions. This may be related to the fact that only 18 of 52 states (i.e., 50 states, District of Columbia, Puerto Rico) have adopted the ACA Code of Ethics (ACA, 2014). Also, it is important to note that states provide a check and balance of sorts, whereby a potentially troubling issue may be called into question by a state. Conversely, there is also a fundamental question about what the counseling profession views as the competent characteristics to practice. State licensure boards have an inherent problem with determining whether or not the inquiry fits, depending on the applicant. Or to the issue of portability specifically, one may be considered fit to practice in one state but not another. Recommendations Regarding Licensure Portability Standards Given the limited empirical literature regarding differences in states’ requirements to become a licensed professional counselor, this article provides needed insight for professional counselors into the vast differences across states for licensure requirements. This examination has produced specific recommendations to enhance the success of professional counselor licensure portability across all