Law Summary
Declaration of Policy
- State policy promotes improvement and protection of the guidance and counseling profession.
- It recognizes the role of Guidance Counselors in nation-building.
- Emphasizes professional, ethical, relevant, efficient, and effective services.
- Supports development of licensed counselors with internationally recognized standards through licensure exams, regulations, and continuing education.
Definitions
- Guidance and Counseling: Profession involving integrated development of individuals using counseling, testing, research, placement, and teaching relevant subjects.
- Counseling: Face-to-face helping relationship; used interchangeably with guidance and counseling.
- Guidance Counselor: Registered individual with valid certification performing counseling and guidance services.
- Board: Professional Regulatory Board of Guidance and Counseling created under the law.
- Commission: Professional Regulation Commission (PRC).
- Interim Accredited Professional Organization (IAPO): Philippine Guidance and Counseling Association, Inc. before full integration.
- Accredited Professional Organization (APO): Sole integrated national organization of registered counselors accredited by the Board.
Creation and Composition of the Board
- Composed of a Chairman and two members appointed by the President from a list recommended by IAPO or APO.
- Operates under the administrative control of the PRC.
Powers, Duties and Responsibilities of the Board
- Supervises and regulates guidance counseling practice.
- Sets qualifications of applicants and special permits issuance.
- Prepares and rates licensure examination questions.
- Registers successful examinees and issues certificates.
- Monitors professional practice conditions and education standards in coordination with CHED.
- Promulgates rules, ethical codes, technical standards.
- Investigates violations and conducts administrative hearings.
- Issues subpoena and decides administrative cases; decisions are appealable to PRC and Court of Appeals.
- Initiates criminal actions for violations.
- Implements continuing professional education requirements.
- Maintains high ethical and professional standards.
Qualifications of Board Members
- Filipino citizens, residents for 5 years, good moral character.
- Hold valid certificates as guidance counselors.
- Hold doctoral degrees in guidance and counseling.
- At least 10 years professional experience.
- Cannot hold faculty or interest in institutions offering guidance courses.
- Cannot be officers in accredited professional organizations.
Term and Administration
- Term of 3 years, re-appointment possible once.
- Board secretariat and records are maintained by PRC.
- Compensation comparable to other regulatory boards.
- Grounds for suspension/removal include neglect, law violations, rigging exams, moral turpitude convictions.
Examination and Registration
- Licensure examination required for practice unless qualified for registration without exam before March 2, 2004.
- Examination covers philosophical foundations, counseling theories, psychological testing, administration, group process, career guidance.
- Passing requires 75% overall average, no grade below 60%; retake rules provided.
- Successful examinees take professional oath and register to obtain certification and ID card.
Registration Without Examination
- Provided to those fulfilling specific academic qualifications and professional experience before R.A. No. 9258 effectivity.
- Application with supporting documents, certifications, clearances, and compliance within two years from Board creation.
Practice Regulations
- No practice without valid certificate and professional ID or special permit.
- Institutions offering guidance services must secure permits and employ registered guidance counselors.
- Prohibits unethical practices defined in Code of Ethics and standards.
Privileged Communication
- Registered counselors cannot be compelled to disclose confidential client communications without client consent.
- Extends protection to records and staff.
- Evidence obtained in violation of privilege is inadmissible.
Foreign Reciprocity
- Foreign guidance counselors admitted only if their country affords reciprocal rights to Filipino counselors.
- Must meet documentary, immigration, and application criteria.
- Board resolution required to allow foreign examinees.
Special/Temporary Permit Practice
- Permits issued to foreign counselors who are experts, employed for free indigent service, or exchange professors.
- Permit limited to one year, renewable.
Grounds for Denial, Suspension, or Revocation
- Conviction of moral turpitude crimes, immoral conduct, insanity, fraudulent registration, tolerance of illegal practice, malpractice, substance abuse.
- Due process guaranteed in administrative investigations.
Reinstatement
- Allowed after one year revocation upon showing valid cause.
- Board resolution subject to Commission approval required.
Appeals
- Board decisions on certification issues final unless appealed within 15 days to Commission; further appeal to Court of Appeals possible.
Integration of Counselors
- All registered counselors become automatic members of one accredited national organization.
- Membership does not exclude other professional associations.
Documentation and Identification
- Counselors must indicate certificate number, validity, and PTR number on professional documents.
Funding, Enforcement, and Effectivity
- Funding initially charged to PRC current appropriations; thereafter included in General Appropriations Act.
- Law enforcement agencies must cooperate with Board and PRC in enforcement.
- Board empowered to promulgate implementing rules and regulations in coordination with professional organizations.
- Violations punishable by imprisonment (6 months to 8 years), fines (P50,000 to P100,000), or both.
- Separability and repealing clauses included to ensure law continuity and supersede inconsistent prior rules.
- Rules take effect 15 days after publication in official gazette or newspapers.