TPC Journal V8, Issue 1 - FULL ISSUE

The Professional Counselor | Volume 8, Issue 1 95 of training), CCE would provide a recommendation to a state board regarding the quality of the courses. Along with application processing fees, applicants may be required to submit a photograph of themselves (36%, n = 18) or letters of recommendation (24%, n = 12). Unique requirements also existed. Rhode Island required a birth certificate and North Dakota requested a videotaped counseling session. Attestation. All states required applicants to sign an attestation regarding past behaviors and experiences. The most common attestation focused on state licensure history as well as criminal history. Uncommon attestations related to applicants’ mental health history and past unethical behaviors, sanctions by professional organizations, and liability insurance history. Licensure history. Of the 50 states, most asked whether any previous license had been refused (66%, n = 33), suspended (58%, n = 29), or revoked (58%, n = 29). About half (48%, n = 24) of the states wanted to know if another board had licensed the applicant, with 79% ( n = 19) of those states requiring verification of the previous license. Additionally, 27 (54%) states asked about discipline by a state board; however, few states probed further on these issues, such as asking about any pending investigations by a board (32%, n = 16) or complaints filed with a board (16%, n = 8). Along with problems experienced with any license, 10 states (20%) requested whether or not the applicant was prohibited from taking any counseling licensing exam. Only one application (West Virginia) specifically required attestation regarding previously failed licensing or professional exams, and two states (Delaware, Missouri) required applicants to attest to never providing deceptive information regarding licensure. Eighty percent ( n = 40) of states did not query about malpractice settlement history or if the applicant was ever a defendant in legal action related to malpractice. Only one state (Iowa) queried about any pending malpractice actions, and Michigan was the lone state to request if the applicant had three or more malpractice settlements, awards, or judgments totaling $200,000 in consecutive 5-year time periods. Criminal history. All states queried applicants about criminal background, yet there were limited requests for basic conviction or charge information. Thirty-eight states (76%) inquired about conviction of a crime (i.e., misdemeanor or felony), but fewer (60%, n = 30) inquired about being charged with a crime (i.e., misdemeanor or felony). Moreover, 72% ( n = 36) did not require a background check. An even smaller group of states went a step further to ask about incarceration. Georgia, Indiana, Mississippi, and Utah asked if the applicant had “ever been incarcerated,” with Michigan and South Dakota asking if the applicant had ever been convicted of a crime that would result in incarceration for more than a year. States infrequently pressed for more detailed information regarding conviction, such as information about being a defendant in criminal court ( n = 4) or having expunged convictions ( n = 3), pardons ( n = 3), and/or diversions ( n = 1). Indiana, for example, was the only state to ask if the applicant ever had a pre-trial diversion or deferred prosecution, and Delaware and D.C. were the only states to query if a felony had ever been expunged or pardoned. Only three states emphasized criminal activity related to abuse. Illinois was the only state to question if an applicant had ever been charged with or convicted of an act that required registration as a sex offender and the only state to inquire about physical abuse toward a client. Kansas and Utah asked about physical, emotional, mental, and sexual abuse or neglect; however, they only connected these concerns to a government agency claim. No state required information about any sex offense. Ten percent of states ( n = 5) asked if the applicant had been investigated related to acts or behaviors that violate community standards.