Guidance and Counseling professionalization law

Professional regulatory board creation

Section 4 creates the Professional Regulatory Board of Guidance and Counseling (the Board) under the administrative control and supervision of the Professional Regulation Commission (the Commission).
Section 4 provides that the Board consists of a Chairman and two (2) members appointed by the President of the Philippines from lists submitted by the Commission and accredited/integrated organization of guidance counselors.

Board powers, functions, and supervision

Section 5 requires the Board to supervise and regulate the practice of Guidance and Counseling.
Section 5 empowers the Board to determine and evaluate qualifications for registration with or without licensure examinations and for issuance of special permits.
Section 5 directs the Board to prepare and manage licensure examination materials, including preparing examination questions in accordance with Section 15 and correcting/rating examination papers through computerization.
Section 5 requires the Board to prepare, adopt, issue, or amend licensure examination syllabi in consultation with CHED, the academe, and the accredited professional organization.
Section 5 provides that the Board registers successful examinees and issues certificates of registration; it also issues special/temporary permits to foreign guidance counselors for specific projects for a specific duration of time for a fee or on medical mission without a fee.
Section 5 requires the Board to monitor conditions affecting practice, conduct ocular inspection of places where guidance counselors practice, and adopt measures to enhance the profession and maintain high professional, technical, and ethical standards.
Section 5 requires the Board, in coordination with CHED, to ensure educational institutions offering the course/program comply with CHED policies, standards, and requirements on curriculum, faculty, library, and facilities.
Section 5 requires the Board to promulgate rules and regulations, including a Code of Ethics, a Code of Technical Standards, and administrative policies/orders/issuances to carry out the Act.
Section 5 empowers the Board to investigate violations; it applies the Commission’s rule on administrative investigation.
Section 5 authorizes the Board to issue subpoena or subpoena duces tecum to secure attendance of respondents/witnesses or production of documents.
Section 5 provides that the Board shall render decisions/orders/resolutions in preliminary investigation or inquiry and that such decisions become final and executory unless appealed with the Commission within fifteen (15) days from receipt of the decision copy.
Section 5 authorizes the Board to issue, suspend, revoke, or re-issue licenses for practice.
Section 5 requires the Board to administer oaths necessary for effective implementation.
Section 5 empowers the Board to initiate criminal action against violators.
Section 5 requires the Board to adopt an official seal and to prescribe guidelines/criteria on continuing professional education (CPE).
Section 5 provides oversight of issuance and enforceability: Board policies/resolutions/rules are subject to Commission review and approval; Board decisions/orders in administrative cases are reviewable on appeal with the Commission; further appeal to the Court of Appeals is available under the Rules of Court.

Board qualifications, term, and removal

Section 6 requires Board members (Chairman and members) at appointment to be Philippine citizens and residents of the Philippines for at least five (5) years immediately prior to appointment.
Section 6 requires Board members to be of good moral character and not have been convicted of any crime involving moral turpitude.
Section 6 requires Board members to be qualified guidance counselors holding a valid Certificate of Registration; for the first members, they shall be issued Certificates of Registration without prior examination.
Section 6 requires a doctoral degree in Guidance and Counseling from a CHED-recognized reputable college/university or a duly accredited foreign institution.
Section 6 requires at least ten (10) years of continuous professional practice as a guidance counselor or counselor educator under this Act.
Section 6 prohibits members from being faculty of any school/college/university where regular and/or review courses in guidance and counseling education is taught, or having any pecuniary interest in such institution, and prohibits members from being an official of the integrated and accredited national professional organization.
Section 7 sets the term of office at three (3) years, until successors are appointed and qualified; it allows reappointment for a second term.
Section 7 staggers the first Board terms: one member as Chairman for three (3) years, one member for two (2) years, and one member for one (1) year; vacancies are filled only for the unexpired portion; members must take the proper oath before assuming duty.
Section 8 places Board records (including applications and administrative/investigative cases) in the custody of the Commission, with the Commission designating the Secretary of the Board and providing secretariat and support services.
Section 9 ties Board compensation to compensation and allowances of existing regulatory board chairmen/members under the General Appropriations Act.
Section 10 authorizes the President, upon the Commission’s recommendation and after a member is given opportunity to defend in a Commission administrative investigation, to remove or suspend members for grounds including neglect of duty or incompetence; violation/tolerance of violation of the Act or Code of Ethics/Technical Standards; final conviction of crimes involving moral turpitude; manipulation/rigging of licensure examination results, disclosure of secret information or examination questions, or tampering of grades; or final conviction of any criminal offense by the courts.

Examination, registration, and licensure rules

Section 12 requires all applicants for registration for practice of Guidance and Counseling to undergo a licensure examination given by the Board and the Commission in places/dates designated by the Commission, subject to Commission requirements.
Section 13 sets examination qualifications for filing: applicants must be a Philippine citizen or a foreigner whose country has reciprocity; must not have been convicted of any offense involving moral turpitude; and must hold a Bachelor’s Degree in Guidance and Counseling or allied disciplines and a master’s degree in Guidance and Counseling from a CHED-recognized and accredited institution in the Philippines or abroad.
Section 14 allows registration without taking the licensure examination for persons who meet qualifications for admission to the examination and file within two (2) years after the Board’s creation an application with credentials showing pre-effectivity experience/education and practice, including:
- being doctoral and masters degree holders in Guidance and Counseling with at least three (3) years of teaching experience and/or full-time counseling practice for the same period;
- passing at least eighteen (18) units of master’s level Guidance and Counseling courses such as specified subject areas; and
- having at least seven (7) years of experience in counseling work; and
- completing academic requirements for a master’s degree and having five (5) years experience as full-time guidance counselors.
Section 15 defines the licensure examination subject areas as:
- Philosophical, Psychological and Sociological Foundations of Guidance;
- Counseling Theories, Tools and Techniques;
- Psychological Testing;
- Organization and Administration of Guidance Services; and
- Group Process and Program Development.
Section 15 allows the Board, subject to Commission approval, to revise/exclude subjects and their syllabi and add new ones as need arises.
Section 16 requires the Board to report examination ratings to the Commission within ten (10) days after the examination.
Section 17 sets passing requirements: a weighted general average of seventy-five percent (75%), with no grade lower than sixty percent (60%) in any subject.
Section 17 requires any examinee with a weighted average of seventy-five percent (75%) or higher but with a subject grade below sixty percent (60%) to take examination in the subject/s with those grades within two (2) years from the date of the last examination; retaken subjects must have a rating of no less than seventy-five percent (75%) to pass.
Section 18 requires all successful examinees to take a professional oath before a member of the Board or an authorized officer of the Commission or any officer authorized by law.
Section 19 provides issuance rules: a Certificate of Registration is issued to applicants who pass the examination or are registered without examination, bearing the signature of the Commission Chairperson and Board Chairman and members, and the official seal of the Board.
Section 19 requires issuance of a Professional Identification Card bearing the registration number, date of issuance, expiry date, and signed by the Commission Chairperson to every registrant who has paid the prescribed fee.
Section 20 requires the Board, in coordination with the accredited professional organization, to keep a roster of registered/licensed guidance counselors’ names and residence/office addresses and make it available to the public upon request.
Section 21 mandates integration: all registered/licensed guidance counselors appearing in the roster are united and integrated through automatic membership in one (1) and only registered and accredited national organization recognized by the Board subject to Commission approval after consultation with existing organizations and, if possible, non-members; members receive benefits and privileges upon payment of required fees and dues.
Section 21 provides that membership in the integrated national organization is not a bar to membership in any other association of guidance counselors.
Section 22 requires guidance counselors to indicate on documents they sign/use/issue in connection with practice: the certificate of registration number, the date of issuance, the period of validity of the license, and the professional tax receipt number.

Practice rights, permits, and restrictions

Section 23 requires permits for certain non-resident or special cases: the Board may issue a special/temporary permit, subject to Commission approval and payment of the latter’s prescribed fees/charges, to foreign guidance counselors if they are licensed and their services are either for a fee or free and meet the enumerated criteria (including internationally well-known counselors/outstanding experts; urgent and important necessity due to lack/inadequacy of local specialists; or services free and limited to indigent patients in a particular hospital/center/clinic; or employment as exchange professors in schools/colleges/universities offering the course).
Section 23 limits special/temporary permits to not more than one (1) year with renewal, and limits practice by branch/specialty and specific place of practice (clinic, hospital, center, school/college/university offering the course of guidance and counseling).
Section 24 authorizes denial of registration/certificate issuance for causes including conviction for an offense involving moral turpitude, a Board finding of guilt for immoral/dishonorable conduct, or a court declaration that the applicant is insane.
Section 24 authorizes revocation or suspension of a Certificate of Registration, and cancellation of a special permit, for causes including fraudulent acquisition; abetment or tolerance of illegal practice by an unqualified person using the guidance counselor’s certificate/special permit; violation of the Act, Board/Commission rules and policies (including Code of Ethics and Code of Technical Standards); unethical/immoral/dishonorable/unprofessional conduct; malpractice; drug/alcohol abuse impairing ability; and practicing during the period of suspension.
Section 24 requires a prior sworn written complaint and hearing before denial/revocation/suspension: no certificate shall be denied, revoked, or suspended for enumerated reasons until after a sworn complaint in writing is filed and heard either in a public hearing or upon request, behind closed doors.
Section 25 provides reinstatement: a person may apply to the Board for reinstatement of a duly revoked certificate after the expiration of one (1) year from the date of revocation; the application must be in writing and conform to Board requirements; reinstatement is granted only if the Board is satisfied that good cause exists.
Section 26 provides appeal rights: Board decisions on denial/refusal to issue, revocation/suspension, or cancellation of a special permit are final unless appealed to the Commission within fifteen (15) days from receipt of the decision; further appeal may be taken to the Court of Appeals.

Prohibitions and privileged communication

Section 27 prohibits practice of guidance and counseling without a valid Certificate of Registration and valid Professional Identification Card or a special permit.
Section 27 prohibits licensed guidance counselors from making public representations or representations to third persons as licensed guidance counselors during any period when their license has been revoked or suspended.
Section 27 prohibits allowing another person to use one’s license to enable an unqualified individual to practice guidance and counseling.
Section 27 prohibits corporations, partnerships, associations, or entities from operating a guidance and counseling office/center or engaging in practice without securing a permit from the Board, which the Board issues only after satisfying itself that the establishment is properly staffed by duly licensed guidance counselors.
Section 27 prohibits any unethical practice of guidance and counseling as defined in the Code of Ethics and Code of Technical Standards the Board prepares in consultation with guidance counselors.
Section 28 grants privileged communication: a certified guidance counselor allowed to practice cannot, without the client’s consent, be examined as to any communication or information acquired while attending to the client.
Section 28 extends the privilege to records and the counselor’s secretary or clerk, who may not be examined regarding facts, knowledge, or information acquired in that capacity.
Section 28 provides consequence: any evidence obtained in violation of the privileged-communication rule is inadmissible for any purpose in any proceeding.

Foreign reciprocity and admission limits

Section 29 provides that no foreign guidance counselor may be admitted to the examination, issued a Certificate of Registration, or entitled to rights/privileges under the Act unless the foreign country/state permits Filipino guidance counselors to practice within its territorial limits on the same basis.
Section 29 requires that the foreign country/state’s certification requirements be substantially the same as those contemplated under the Act.
Section 29 requires reciprocal grant by the foreign country/state to Filipino guidance counselors on the same basis as the foreign subjects/citizens’ treatment of Filipino guidance counselors.

Implementation, funding, penalties, and effectivity

Section 30 directs the Commission Chairperson to include implementation of the Act in the Commission’s programs, with funding included in the General Appropriations Act.
Section 31 requires law enforcement agencies, upon call or request of the Commission or the Board, to render assistance in enforcing the Act, including prosecuting violators in accordance with law and the Rules of Court.
Section 32 requires the Board to promulgate necessary rules and regulations within sixty (60) days after the Act’s effectivity, subject to Commission approval, in coordination with the integrated and accredited professional organization; these rules take effect after fifteen (15) days following publication in the Official Gazette or in a newspaper of general circulation.
Section 33 imposes criminal penalties for violations: imprisonment of not less than six (6) months but not more than eight (8) years, or a fine of not less than PHP 50,000.00 but not more than PHP 100,000.00, or both, at the discretion of the court, for any violation of the Act or Board/Commission rules, and for fraud in acquisition of a Certificate of Registration or special permit.
Section 34 contains a separability rule: unconstitutional parts do not affect remaining valid and operational parts.
Section 35 contains a repealing/modification rule: all inconsistent laws, decrees, orders, circulars, rules and regulations, and other issuances are repealed, amended, or modified accordingly.
Section 36 provides effectivity: the Act takes effect one (1) month after its publication in a newspaper of general circulation in the Philippines.

Issuance and approval details

The Act is Republic Act No. 9258.
The Act is dated March 02, 2004.
The Act is approved by GLORIA MACAPAGAL - ARROYO as President of the Philippines.
The Act is approved by signatories for the Senate and House including FRANKLIN M. DRILON and JOSE DE VENECIA JR.
The Act states that House Bill No. 5253 and Senate Bill No. 2128 were consolidated for passage, and that it was finally passed by the House on January 20, 2004 and by the Senate on February 19, 2004.