Law Summary
Definition of Terms
- Guidance and Counseling is a profession focused on the development of individuals by helping them utilize their potentials and plan their future.
- It includes counseling, psychological testing, research, placement, group process, teaching, and other human development services.
- A guidance counselor is a registered individual performing the functions for compensation under this Act.
Creation and Composition of the Professional Regulatory Board
- A Professional Regulatory Board of Guidance and Counseling (the Board) is created under the PRC.
- Composed of a Chairman and two members appointed by the President from a list proposed by the accredited organization of guidance counselors.
Powers and Functions of the Board
- Supervise and regulate guidance and counseling practice.
- Determine qualifications for registration, prepare and grade licensure exams.
- Develop examination syllabi in coordination with CHED and the academe.
- Register licensed counselors and issue certificates and special permits.
- Monitor and inspect places of practice to uphold standards.
- Ensure educational institutions comply with CHED standards.
- Promulgate rules including Code of Ethics and Technical Standards.
- Investigate violations and conduct administrative hearings.
- Issue subpoenas and render final decisions subject to appeal.
- Administer oaths and initiate criminal actions.
- Adopt board seal and prescribe continuing professional education guidelines.
Qualifications and Term of Board Members
- Must be Filipino citizens, residents for 5 years, of good moral character, and not convicted of crimes involving moral turpitude.
- Must be licensed guidance counselors with doctoral degrees and at least 10 years of professional experience.
- Cannot be faculty or have pecuniary interest in institutions offering guidance courses.
- Term of office is three years, with staggered initial terms and possible reappointment.
Administrative Matters
- Board's records are under the custody of the PRC.
- The Commission provides secretariat and support services.
- Board members receive compensation as provided by the General Appropriations Act.
- Grounds for removal include neglect of duty, incompetence, malpractice, and violations involving moral turpitude.
- The Board submits an annual report to the Commission.
Examination, Registration, and Licensure
- Licensure examination is mandatory except for certain registrants who qualify for registration without examination within two years of the Board's creation based on experience and academic credentials.
- Qualifications for examination include citizenship, clean moral record, and relevant academic degrees.
- The licensure exam covers foundations of guidance, counseling theories, psychological testing, administration, and group processes.
- Passing requires a weighted average of 75% with no grade below 60% in any subject.
- Oath-taking is required after passing the exam.
- Certificates of Registration and Professional Identification Cards are issued to successful examinees.
Roster and Integration of Guidance Counselors
- A public roster of licensed counselors is maintained.
- All licensed counselors are united under a single accredited national organization for professional integration.
- Membership in the integrated organization allows benefits while not precluding membership in other associations.
Practice through Special/Temporary Permits
- Special permits may be issued to foreign licensed guidance counselors for specific projects or as exchange professors.
- Permits specify duration, specialty, and place of practice and are subject to renewal.
Grounds and Procedures for Denial, Suspension, and Revocation
- Grounds include conviction of crimes involving moral turpitude, unethical conduct, malpractice, fraudulent acquisition of license, and drug or alcohol abuse.
- License suspension or revocation requires a sworn complaint and a public or closed hearing.
- Applicants can seek reinstatement one year after revocation upon showing good cause.
- Appeals on decisions are allowed within 15 days to the Commission and further to the Court of Appeals.
Prohibition of Practice Without License
- No person may practice guidance counseling without a valid certificate or special permit.
- Representing oneself as a counselor during suspension or revocation is prohibited.
- Corporations must secure permits and ensure licensed staff before operating counseling offices.
- Unethical practices as defined by the Board's Codes are prohibited.
Privileged Communication
- Communication between counselor and client is protected and confidential unless consent is given.
- Related records and staff are also protected.
- Evidence obtained in violation of this confidentiality is inadmissible.
Foreign Reciprocity
- Foreign counselors may be admitted or licensed only if their country grants reciprocal rights to Filipino counselors under substantially similar requirements.
Funding, Law Enforcement, and Implementing Rules
- Funding is included in the General Appropriations Act under the PRC's programs.
- Law enforcement agencies assist in enforcing the Act and prosecuting violators.
- The Board must promulgate rules within 60 days from effectivity, subject to Commission approval.
Penalties
- Violations of the Act or rules, or fraud in license acquisition, are punishable by imprisonment from six months to eight years, or fines from Fifty Thousand to One Hundred Thousand pesos, or both.
Separability, Repealing, and Effectivity
- Invalid portions do not affect the rest of the law.
- Inconsistent laws and issuances are repealed or amended.
- The Act takes effect one month after publication in a newspaper of general circulation.