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SB338 INTRODUCED
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SB338
ZQT1QRR-1
By Senator Barfoot
RFD: Veterans, Military Affairs and Public Safety
First Read: 03-Mar-26
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ZQT1QRR-1 03/03/2026 KMS (L)cr 2026-1026
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First Read: 03-Mar-26
SYNOPSIS:
Under existing law, the Alabama Board of
Examiners in Counseling is responsible for the
licensing and regulation of licensed professional
counselors and associate licensed counselors.
This bill would require an initial application
for licensing to be accompanied by a completed criminal
history background check.
This bill would also authorize the board, by
rule, to establish additional procedures and processes
for requesting criminal history background checks of
licensees.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Board of Examiners in
Counseling; to amend Sections 34-8A-7 and 34-8A-8, Code of
Alabama 1975, and to add Section 34-8A-8.1 to the Code of
Alabama 1975; to require criminal history background checks
upon initial application; and to authorize the board, by rule,
to provide further for criminal history background checks.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-8A-7 and 34-8A-8 of the Code of
Alabama 1975, are amended to read as follows:
"§34-8A-7
The board shall issue a license as a licensed
professional counselor to each applicant who files an
application upon a form and in a manner as the board
prescribes, accompanied by a fee as is required in this
chapter, and who furnishes satisfactory evidence of the
following to the board:
(1) The applicant is at least 19 years of age.
(2) The applicant is of good moral character.
(3) The applicant is not in violation of any of the
provisions of this chapter and the rules and regulations
adopted hereunder.
(4) The applicant has received a master's degree from a
regionally accredited institution of higher learning which is
primarily professional counseling in content based on national
standards, or the substantial equivalent in both subject
matter and extent of training. The board shall use the
standards of nationally recognized professional counseling
associations as guides in establishing the standards for
counselor licensure.
(5) The applicant submits documentation of completion
of 3,000 hours of supervised experience in professional
counseling acceptable to the board. An applicant may subtract
1,000 hours of the required professional experience for every
15 graduate semester hours obtained beyond the master's
degree, provided that those hours are clearly related to the
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degree, provided that those hours are clearly related to the
field of professional counseling and are acceptable to the
board. In no case may the applicant have less than 1,000 hours
of the required professional supervised experience.
(6) The applicant demonstrates competence and knowledge
in professional counseling by passing an examination, as the
board prescribes. A specialty designation may be added upon
demonstration to the board that the applicant has met the
recognized minimum standards as established by nationally
recognized certification agencies. Upon successful passage of
an examination, and upon receipt of credentials from
certifying agencies the board may, by a majority of the board
members present and voting, may consider the credentials
adequate evidence of professional competence and recommend to
the chair of the board that a license with appropriate
specialty designation, if any, be approved. A licensed
professional counselor cannot claim or advertise a counseling
specialty unless the qualifications of that specialty have
been met and have been approved by the board.
(7) The applicant is a citizen of the United States or,
if not a citizen of the United States, a person who is legally
present in the United States with appropriate documentation
from the federal government.
(8) The applicant has completed a criminal history
background check as provided in Section 34-8A-8.1. "
"§34-8A-8
The board shall issue a license as an associate
licensed counselor to each applicant who files an application
upon a form and in such manner as the board prescribes
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upon a form and in such manner as the board prescribes
accompanied by such fees as are required by this chapter, and
who furnishes satisfactory evidence of the following to the
board:
(1) The applicant has complied with provisions outlined
in subdivisions (1), (2), (3), and (4), and (8) of Section
34-8A-7;
(2) The associate licensed counselor may not practice
without direct supervision by a licensed professional
counselor. The plan for supervision of the associate licensed
counselor is to be approved by the board prior to any actual
performance of counseling on the part of the associate
licensed counselor;
(3) Any associate licensed counselor after meeting the
requirements specified in subdivisions (5) and (6) of Section
34-8A-7 may petition the board for licensure as a professional
counselor."
Section 2. Section 34-8A-8.1 is added to the Code of
Alabama 1975, to read as follows:
(a) The board shall request a criminal history
background check of an applicant upon the filing an initial
application for the purpose of determining an applicant's
suitability for practicing as a licensed professional
counselor or an associate licensed counselor.
(b)(1) Procedures implemented by the board for the
purpose of obtaining a state and national criminal history
background check shall include the submission of fingerprints
or other biometric-based information by applicants for the
purpose of obtaining an applicant's criminal history record
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purpose of obtaining an applicant's criminal history record
information from the Federal Bureau of Investigation and the
Alabama State Law Enforcement Agency.
(2) The board shall fully implement a criminal history
background check requirement, within a time frame established
by rule, by receiving the results of the federal and state
record searches and using the results in making licensing
decisions.
(c) The applicant shall be responsible for all costs
associated with the submission of his or her fingerprints and
obtaining a state and national criminal history background
check. The board may incorporate those costs into the cost of
licensing or may charge the applicant a separate fee, which
may be payable to the board, the Alabama State Law Enforcement
Agency, or any successor entity thereof, or the approved
channeler, as appropriate.
(d) Information received by the board pursuant to a
state and national criminal history background check shall be
confidential and shall not be a public record, except that any
information received by and relied upon by the board in
denying the issuance of a license may be disclosed as
necessary to support the denial.
(e) The board may adopt rules as necessary to implement
this section including, but not limited to, a procedure for
requiring a criminal history background check on a licensee,
requiring a criminal history background check upon application
for renewal, and interpreting and applying the results of a
criminal history background check.
Section 3. This act shall become effective on October
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Section 3. This act shall become effective on October
1, 2026.141