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Saturday, March 17, 2007

GOOD NEWS FOR COUNSELORS!!!

We just finished the IPCAP Meeting this afternoon. It lasted from 9AM - 5PM, and we still sat down looking at the prospects with this licensure thing right in our midst. The Good News for us is that the IRR (Implementing Rules and Regulations) of RA9258 is currently STILL with the lawyers to ensure its smooth implementation. This implies that for as long as it has not yet been published in the Gazette, RA9258 remains simply a law in need of mechanisms to govern its implementation by the PRB. Hence, what remains for us is to ready our documents as has already been mentioned in previous blogs on this matter, particularly for us who want to apply for licensure under the Grandfather's Clause. In fact, an official word shall be published in the print, television and and radio media straight from PRBGC or Professional Regulatory Board of Guidance & Counseling.

The first direct implication for this is that of March 19, 2007. Remember the date? It's supposed to be the beginning of our personal application at PRC for the licensure under the Grandfather's Clause. (Wow, that's 2 days from now!) But as of now, we need to remember that actually, according to Dr. Luz Guzman who herself had the dates announced at Alliance Graduate School, Quezon City last Feb. 19, 2007 where she was asked for some specific dates, she had emphasized that all the dates she gave are to be considered TENTATIVE, yes, TENTATIVE. This means that plans are plans, and they may be moved to a later date. And with the current situation being such, that the IRR has not yet been submitted to the Gazette for publication, future dates may have to be entertained. There are implications that need to be considered lest there be too much adverse effects on our practice of the profession. So, rejoice! But also be watchful! Be ready! Already now, gather your documents as suggested. The only addition required was the marriage certificate for women (for ethical and other purposes like family name change?). Please read my previous blog below (just scroll down, and even check the February entries where I mentioned something about PRB Updates) about it. The dates mentioned there are TENTATIVE. Just wait for an official word from the PRC/PRBGC itself. Their word will always be the last one. Mine here is simply to echo what I heard and understood. It may be good enough though while there is no official word yet, particularly as we encounter our own jitters in this process.

There has been observed a general behavior these days among us, and that is our panicky, jittery feelings reflected in our frantic efforts to be clarified about the law even as we gather our documents. The best thing is to sober down and read the law that has been given to us since 2004. You may also read it in my blog here. The IRR that will be published in the Gazette (and which we will have a copy later) shall be in a different format and may have some other changes subject to the ongoing ratifications with our colleague-counselors the PGCA Board is doing all over the country. Trust that the PRBGC is doing its best to even out the playing field, so to say. Even the licensure questions to be formulated for the 1st Board exams (even the date mentioned earlier will have to be looked at as TENTATIVE also!!!) will have to take into consideration a standard curriculum used in all schools offering the courses in Guidance and Counseling and/or Counseling Psychology. Anyway, review classes will be offered, and this time, they will be done in schools where Guidance & Counseling or Counseling Psychology courses are offered. Even students from other schools may enrol for review there, just as professors conducting the review may not necessarily be only those who teach in that school where the review sessions are conducted.

That's all for now. I need to rest. It's Sunday tomorrow, and I still have a Mass to celebrate. God bless and take care. Yes, do pass this blog to others so as to keep us from developing hypertension in our jitters...

Wednesday, March 14, 2007

SUMMER COURSES FOR COUNSELORS at DLSU & PNU

I got a call this afternoon from Dr. Carmen Pabiton, one of my professors in De La Salle University, Taft AVe., Manila. She asked me to post this blog for our colleagues who may need course units for licensure, both for the Grandfather's Clause and for the licensure exams this December 2007. Hence, if you get to read this, please feel free to pass this site and information to our colleagues so that they can avail of this generosity of the professors this summer. They should be relaxing and preparing for another trimester of classes in DLSU, but for the sake of our needs, they have set time for us. Honestly, I called them a few weeks ago and requested if they could consider the possibility of offering courses this summer for us who may need to make up for classes we haven't taken and are required by the law, maybe because we were not required or it may have been so long ago since we attended classes.

The following courses are to be offered at De La Salle University (DLSU), Taft Ave., campus, Manila:

Career Development & Counseling (3 units)
Development & Management of Counseling Services (3 units - when I enrolled in this class way back 1995, it was known as Organization of Guidance Services), and
Testing in Counseling (3 units)

For DLSU students, enrolment shall begin online on March 22-23, 2007. A week before April 21 is the enrolment for non-DLSU students. Classes are to start April 21, 2007, a Saturday. Each of the aforementioned subjects shall be offered for 42 hours, the number of hours required for a 3-unit course. The plan is to make it 7 hours a day for 6 straight days. The CEPD Department requires at least 8 students to make up a class.

This program is also open for cross-enrolees. The following documents are required:
- a formal letter of intent to cross-enroll, indicating the specific course title, addressed to Mr. Edwin Santiago, University Registrar De La Salle University
- a letter of recommendation from the school where a cross-enrolee is studying, complete with a certificate of Good Moral Character, and
- a medical clearance report to be validated by the DLSU Medical Director

For more information, please call the CEPD (Counseling & Educational Psychology Department) telephone number (02) 536-0232.

On another note, the Philippine Normal University, according to Dr. Rosa Ma. Llanes (PGCA President) is also offering summer courses in Counseling starting April 10-May 4, 2007. I have yet to contact them to get the course offerings and requirements, particularly for cross-enrolees. I shall immediately post the information as soon as I get to them. In the meantime, enjoy the rush of preparing for the requirements for Grandfather's Clause licensing.

Yes, according to the new arrangements, review classes for those who will take the Board Exam for Counselors this December 8, 2007 (albeit tentative a schedule) will only be offered in schools where the Counseling courses are offered. DLSU is one of those CHED-accredited schools for Counselors.

Sunday, March 11, 2007

Relationships in PACERS 31st Annual Convention

Because we realize that as Filipinos, we value relationships and even consider being related as something essential to our being and mental health, and also because in our Counseling experience, concerns usually may have relationships affecting the client in the counseling sessions either before (as causes or disturbances), during (as mediators and supports) and after (as indicators of counseling outcome), the PACERS or Philippine Association for Counselor Education, Research & Supervision chose for its 31st Annual Convention the theme " Relationships at Risk: Issues & Interventions."

Our Keynote Speaker was someone who helped us understand the philosophical and sociological significance of relationships: Dr. Florentino Timbreza who currently is full professor of Philosophy at the De La Salle University and also at Christ the King Seminary. He has also been recently awarded Father of Filipino Philosophy. Dr. Timbreza's Keynote Address has been published in this blog "Counseling Psychology in the Philippines" which you can access below, just scroll down. His insightful speech has definitely inspired the participants to learn to treat counselees as "ends" and not just "means. The scheduled panel discussions for the afternoon and morning of the next day came. The Philippine Journal of Counseling Psychology (PJCP) Vol. 9 was also released that afternoon. PACERS members get each a copy, while those interested to purchase a copy may contact us at (02) 5360226 c/o Dr. Susan Estanislao, our Managing Editor.
Three panel discussions were made on Relationships at Home, in the Corporate World, and in School Organizations: Issues & Interventions. Drs. Honey Carandang and Dido Villasor shared on their expertise on families in the Philippine context, the couple dyad, sibling and extended family relationships. Drs. Romy Suarez of Central Bank & Joyce Dy of UAP very well elaborated on the current situation of relationships in the Corporate setting, while the triumvirate of Drs. Conchita Umali of Assumption College, Makati, Elizabeth Enriquez of UP, and Barbara Wong-Fernandez of DLSU delved on the relationships in school organizations. The discussions on relationships in these three areas showed the vulnerability of relationships and the persons involved.

In the second afternoon, paper and poster presentations were held. 8 poster presentations gave the participants the chance to interact with their author-researchers. One Board Member of PACERS brought and showed his film documentary of the Reming experience in the Bicol region, and has made the participants reminded of our role in such disasters and calamities. Three rooms were filled by six paper presentations which altogether even highlighted the situation of relationships in the family, in the school and in the corporate setting.

On the third day, three workshops were held concurrently. This year, participants were able to attend two of these three workshops since each workshop run for four hours, once in the morning and once in the afternoon. Dr. Lucille Montes facilitated the workshop on Approaches to Specific Marital Conflicts. Ms. Daisy Sanchez of the Central Bank had Counseling in the Workplace: Enhancing Wellness among employees. Dr. Flora Calleja shared on her expertise on Interventions for Victims of Parental Verbal Abuse: Practical Guidelines for School Counselors .

One highlight of this year's Convention was the election of the new Board for the year 2007-2008. Here are the elected Board of Directors:

Chair: Dr. Julian Montano
Vice-Chair: Dr. Susan Estanislao
Corporate Secretary: Dr. Susie Eala
Executive Council:
President: Fr. Bernardo R. Collera, SVD
Vice-President: Fr. Francisco Bustamante, SJ
Secretary: Dr. Leo Capeding
Treasurer: Ms. Liza Suarez
Auditor: Dr. Ruffy Ramos III
Member: Dr. Benny Lascano.

This new Board will take effect starting May 3-5, 2007 when they hold their Planning Meeting. We hope to continue pursuing our vision of promoting the development and practice of the Counseling Psychology profession in the Philippines.

Wednesday, March 07, 2007

Dialogue #1: The Grandfather's Cause

I'd like to place here a dialogue that took place via email regarding the Grandfather's Clause as stipulated in RA9258 or The Guidance & Counseling Act of 2004. I oftentimes identify the Grandfather's Clause as "Lolo's Clause." Honestgly, I never had a grandfather as I grew up. Hence, if I will be licensed a Counselor through this, then I should have one already. In the words of Simon in the Gospel of St. Luke, "Now my Master, you can let your servant go in peace" (Lk 2:29, rough translation from the Breviary).

If you have any further comments, let this dialogue continue among us who seek understanding so we go on with our lives clear about what we are about daily. Here is Dialogue #1:

From: Donna Althea (I'll keep her complete name and contact address until she allows it to be released)
To: Fr. BernardCollera berngu721@yahoo.com
Sent: Monday, March 5, 2007 4:10:37 PM
Subject: Grandfather's Clause, clarification please?
Dear Fr. Collera,
I am well aware of the schedule for submission of requirements for the licensure. Please enlighten me about the conditions for inclusion of the grandfather's clause. I missed the discussion during PACERS but have the schedules presented on the first day. There have been opinions from different schools in Manila. I need to know straight from you. Pasensya na po Father. Sana huwag kayong makulitan.

Hi Donna,
Peace!
The Grandfather's Clause is a phrase referring to the generosity of the law in granting those who should be granted the license because they've been in the profession long before the licensure mandated by the law. In our case, counselors who've been in the field for 7 years doing ( i.e., active) counseling or teaching, provided they have the academic training or the degree (MA or PhD) are to be granted that. Of course, prior to that is the granting of the license to the first members of the Professional Regulatory Board of Guidance & Counseling (PRBGC). These three evaluate whether applicants have what it takes to be licensed:
A) 7 years of counseling work, or 3 years of teaching counseling subjects, good morals as certified by the counselor-applicant's employers,
B) their actual counseling work or teaching work as certified by the counselor's employers,
C) the Transcript of Records (TOR) which will bear out the claim of training and competence, and of course
D) membership in the Accredited Professional Organization, in our case it is PGCA.
Membership in PGCA is supposed to be "active" i.e., participation in PGCA's activities such as conventions, workshops, or other activities which PGCA holds for its members at least once a year. But since there are counselors who may not have been "active," their paying the membership fee (P500) may suffice for now. Make sure you have the Official Receipt (OR), or in case you pay through the bank, you will need your bank deposit slip as proof of payment.

As to the procedure for applying for licensure under the Grandfather's Clause, you have
A) first to submit to PGCA the certificates of good moral character from your employer/s, your bank deposit slip or Official Receipt (whichever you have). PGCA will then reply to you with a certificate of active membership in PGCA.
B) With these documents, you submit to PRB your other documents mentioned:
1. your TOR (undergraduate & graduate)
2. NBI clearance, (and if you're in government you will also need the Ombudsman clearance) as proof of moral integrity,
3. the certificates of your employers for the past 3 years for teaching, and/or 7 years of counseling,
4. your NSO birth certificate as proof of citizenship because only FIlipinos as to be given the license, unless you are a foreigner and your country has reciprocity with the Philippines as regards the counseling profession.
5. Of course, the latest ID 2x2 colored with white background is needed when you apply at PRC where the
6. Application form you need to fill in, submitting the application form with other documents in person. For foreigners, they may do so through someone they provide a special power of attorney (SPA) to represent them. The SPA must be duly certified by the Philippine embassy where they are currently as proof of one's presence in that country at the timethe SPA was granted.
I will post this in my blog for everyone to read para mayron tayong same understanding & actions. If you have any questions, please write me at berngu721@gmail.com kasi mapupuno na tong yahoo ko baka di makapasok ang email mo. God bless

Bernard Collera

I hope this one answers some of our queries. If you have more, please feel free to dialogue with me so I myself can be alerted of concerns I may not have become aware about. Until the next dialogue. Take care and God bless

Tuesday, March 06, 2007

Code of Ethics for Counselors & The Counseling Profession

PHILIPPINE GUIDANCE AND COUNSELING ASSOCIATION, INC.
Accredited Professional Organization (APO)
by the Professional Regulation Commission (PRC)


PROPOSED CODE OF ETHICS
(REVISED as of December 21, 2006 @ Dr. Villar’s Residence)

PREAMBLE

The Philippine Guidance and Counseling Association, Inc. (PGCA) is an organization of helping professionals whose members are committed to the development of the well-functioning individual in a society utilizing his/her potentials to the fullest. Members of the Association are bound to uphold the dignity and worth of the individual throughout life in the following settings: educational, community, clinical, hospital, or industry.
This Code of Ethics in Guidance and Counseling expresses the ethical principles and values of the Association and serves as a guide to the professional and personal conduct of all its members. It also informs the public which they serve of the standards of ethical conduct for which members are to be responsible and accountable. The Code reflects such values as integrity, competence, responsibility and an understanding of and respect for the cultural diversity of society.
Members have a responsibility to ensure that they are familiar with this Code of Ethics, understand its application to their professional and personal conduct, and strive to adhere to its principles and values. They should also be familiar with other sources of information which will assist them in making informed professional decisions. These include the laws, rules and regulations, and policies which are professionally relevant in their working environment.
Members are accountable to both the public and their peers and are therefore subject to the complaints and disciplinary procedures of the Philippine Guidance and Counseling Association. By accepting this statement of ethics, members of the Association are committing themselves to act ethically in the provision of professional services.

ETHICAL PRINCIPLES

The expectations for ethical conduct as expressed in this Code are based on the following fundamental principles:

· Respecting human rights and dignity
· Respect for the client’s right to be self-governing
· A commitment to promoting the client’s well being
· Fostering responsible caring
· Fair treatment of all clients and the provision of adequate services
· Equal opportunity to clients availing counseling services
· Ensuring the integrity of practitioner-client relationship
· Fostering the practitioner’s self-knowledge and care for self
· Enhancing the quality of professional knowledge and its application
· Responsibility to the society

CHAPTER I
PROFESSIONAL RESPONSIBILITY

1. General Responsibility. Counselors maintain a high standard of professional competence and ethical behavior thereby recognizing the need for continuing education in order to meet this responsibility.
2. Respect for Rights. Counselors respect the rights of a client and uphold the integrity of the counseling profession. They participate in only those practices which are respectful of the legal, civic, and moral rights of others, and act to safeguard the dignity and rights of their clients, students, and research participants.

3. Boundaries of Competence. Counselors limit their practices within their professional competence, educational background, and personal experience as what the laws, rules, guidelines, accreditation and credential are concerned. If the counseling needs of a client are beyond the counselor’s expertise and competence appropriate referral must be made.
4. Continuing Education. Counselors continuously update themselves with the current trends and development in the profession to maintain a high degree of proficiency through active participation in scientific and professional endeavor.
5. Research and Development. Counselors engage in research activities for the advancement of the counseling profession. They have the responsibility to disseminate such information through presentation and publication.
6. Ethical Behavior. Counselors uphold the values and ethical principles operating in this Code. They are expected to behave as professionals in their counseling sessions as well as in dealing with their fellow colleagues.
7. Sensitivity to Diversity. Counselors recognize and respect client’s diversity in terms of religion, race, culture, ethnicity, gender, sexual orientation, education, and socio-economic status.
8. Equal Opportunity. Counselors provide equal opportunity to everyone to avail of the counseling services in various setting regardless of age, gender, socioeconomic status, civil status, religion, culture, ethnicity, disability, and sexual orientation.
9. Good Quality of Practice. Counselors maintain a good quality of practice in the helping profession at all times. They continually monitor their effectiveness as professionals and take steps to improve when necessary.

10. Knowledge of Legislative Laws. Counselors have a responsibility to read, understand, and follow Republic Act 9258 (Guidance and Counseling Act of 2004) and its Implementing Rules and Regulations. Other mandated laws protecting the interest of clients’ rights should be known to the practicing counselors.
11. Extension of Ethical Responsibilities. Counseling services and products provided by counselors through classroom instruction, public lectures, demonstrations, publications, radio and television programs, computer technology and other media must meet the appropriate ethical standards of this Code of Ethics.

CHAPTER II
COUNSELING RELATIONSHIP
1. General Responsibility. Counselors have a primary responsibility to respect the integrity and promote the welfare of their clients. They work collaboratively with clients in creating counseling relationships that are consistent with client abilities and needs.
2. Confidentiality. The counselor must preserve and safeguard the confidentiality of the clients except:
2.1 When disclosure is required to prevent clear and imminent danger to the client or others;
2.2 When legal requirements demand that confidential matter be revealed;
3. Children and Persons with Diminished Capacity. Counselors conduct the informed consent process with those legally appropriate to give consent when counseling children and/or persons with diminished capacity. These clients also give consent to such services or involvement commensurate with their capacity to do so.
4. Maintenance of Records. Counselors maintain records in sufficient detail to track the sequence and nature of professional services rendered and consistent with any legal, regulatory, agency, or institutional requirement. They secure the safety of such records and, create, maintain, transfer, and dispose of them in a manner compliant with the requirements of confidentiality and other articles of this Code of Ethics.
5. Access to Records. Counselors understand that clients have the right to access their counseling records. Disclosure of such information to others is allowed only through the clients informed consent and/or if there is imminent changes to life properly.
6. Dual Relationships. Counselors avoid personal, familial, social and/or business relationships except those already existing prior to the establishment of the counseling relationships.

7. Understanding Diversity. Counselors actively work to understand the diverse cultural background of the clients with whom they work, and do not condone or engage in discrimination based on age, color, culture, ethnicity, disability, gender, religion, sexual orientation, marital, or socioeconomic status.
8. Relationships with Former Clients. Counselors exercise caution about entering any friendly, social, financial and business relationships with former clients until such time that the issues in relational dynamic present during counseling have been fully resolved and properly terminated.
9. Multiple Clients. When counselors agree to provide counseling to two or more persons who have a relationship (such as husband and wife, or parents and children), counselors clarify at the outset which person or persons are clients and the nature of the relationship they will have with each person.
10. Multiple Helpers. If, after entering a counseling relationship, a counselor discovers the client is already in a counseling relationship then, the counselor is responsible for discussing the issues related to continuing or terminating counseling with the client. It may be necessary, with client consent, to discuss these issues with the other helper or counselor may opt not to take on the case unless the client decides to terminate the counseling relationship.

11. Group Work. Counselors have the responsibility to protect group members from physical and/or psychological harm resulting from interaction within the group, both during and following the group experience.
12. Termination of Counseling. Counselors must terminate the counseling relationships when it is deemed necessary. More specifically terminating the counseling relationships should be done when
12.1. Goals of counseling have been met.
12.2. Client condition is beyond the counselor’s expertise.
12.3. Transference or counter-transference issues are evident.

13. Computer Use. When computer applications are used as a component of counseling services, as in testing or assessment, counselors must ensure that:
(a) client is capable of using the computer application;
(b) the computer application is appropriate to the needs of the client; and
(c) the client understands the purpose and operation of computer application.
Pertinent records stored in the computer such as counseling transcription, test data and personal information data must be kept with confidentiality. In any case, computer applications do not diminish the counselor’s responsibility to act in accordance with the PGCA Code of Ethics, and in particular, to ensure adherence to the principles of confidentiality, informed consent, and safeguarding against harmful effects.

CHAPTER III
CONSULTING AND PRIVATE PRACTICE

1. General Responsibility. Counselors provide consultative services only in those areas in which they have demonstrated competency by virtue of their education and experience.
2. Undiminished Responsibility and Liability. Counselors who work in private practice, whether incorporated or not, must ensure that there is no diminishing of their individual professional responsibility to act in accordance with the PGCA Code of Ethics, or in their liability for any failure to do so.
3. Consultative Relationships. Counselors ensure that consultation occurs within a voluntary relationship between a counselor and a client, group, or organization, and that the goals are understood by all parties concerned.
4. Informed Consent. Counselors, who provide services for the use of third parties, acknowledge and clarify for the informed consent of clients, all obligations of such consulting relationships, including the purpose, entitlement to information, and any restrictions on confidentiality. Third parties may include public and private institutions, funding agencies, employees, and so forth.
5. Accurate Advertising. Counselors, when advertising services as private practitioners, do so in a manner that accurately and clearly informs the public of their services, areas of expertise, credentials such as licensure and accreditation in an accurate manner that is not false, misleading, deceptive, or fraudulent.
6. Respect for Privacy. Counselors limit any discussion of client information obtained from a consulting relationship to persons clearly involved with the case. Any written and oral reports must be restricted to the purposes of the consultation and, every effort is made to protect client identity and to avoid undue invasion of privacy.
7. Cooperating Agencies. Before sharing information, counselors make efforts to ensure that these other agencies have defined policies that serve the clients interest.
8. Conflict of Interest. Counselors who engage in consultation avoid circumstances where the duality of relationships or the prior possession of information could lead to a conflict of interest.
9. Professional Fees. Professional fees are based on standards prescribed by the existing laws, ordinances, promulgations, and resolutions. Counselors consider the financial status of clients and locality in establishing fees for professional counseling services.
10. Pro Bono Service. Counselors render professional services in the community or society for which there is little or no financial return (pro bono).

CHAPTER IV
RELATIONSHIPS WITH OTHER PROFESSIONALS

1. General Responsibility. Counselors maintain harmonious working relationships with other professionals in their work setting and affiliated organizations.
2. Roles and Functions. Counselors set the parameters and levels of their professional roles and functions.
3. Working Agreement. Counselors establish working agreements with supervisors, colleagues, and subordinates regarding counseling relationships, adherence to professional standards, house rules, work load, time schedule, responsibility, and accountability. Working agreements are specified and made known to those concerned.
4. Evaluation. Counselors submit regularly to professional review and evaluation by their employer and peer. This can be done semi-quarterly or annually as agreed by the counselor and the employer.
5. In-Service. Counselors participate in in-service training for professional growth and development.
6. Damage Control. Counselors alert their employers to conditions that may be potentially disruptive or damaging to the counselor’s professional responsibilities or that may limit their effectiveness.
7. Supervisory Relationships. Counselors in supervisory position foster good working relationships and treat all colleagues fairly.
8. Consulting with other Professionals. Counselors may consult with other professionally competent persons about the client. However, if the identity of the client is to be revealed, it is done with the written consent of the client. Counselors choose professional consultants in a manner which will avoid placing the consultant in a conflict of interest situation.
9. Client Advocate. Counselors strive to reach agreement with employers as to acceptable standards of conduct that allow for changes in institutional policy conducive to the growth and development of clients.
10. Coordination. Counselors maintain proper coordination with fellow professionals in relation to counseling services and programs implemented in their workplace.
11. Networking and Linkages. Counselors establish a good system of networking and linkages with other sectors to promote public and social awareness as well as for the enhancement of the profession.
12. Referral Fee. Counselors desist from accepting referral fee from other professionals.
13. Professional Conduct. Counselors have a responsibility both to clients and the institution within which services are performed to maintain high standards of professional conduct.

CHAPTER V
EVALUATION, ASSESSMENT, AND INTERPRETATION
1. General Responsibility. Counselors take responsibility to inform the clients about the purpose of any evaluation and assessment instruments and procedures and the meaning of evaluation and assessment results.
2. Test Selection and Evaluation. Counselors have the competence to evaluate tests in terms of the
(a) appropriateness of the test to the purpose of testing;
(b) reliability and validity;
(c) appropriateness of level of difficulty to clients; and
(d) appropriateness of norms of norm-referenced tests.
3. Test Competence. Counselors using psychological tests and other assessment tools should only do so if they have undergone training in the use of these tools, familiar with the training requirements of different tests, and are conversant with the concepts of reliability and validity.
4. Purpose and Results of Assessment. Counselors take responsibility to inform clients about the purpose of assessment, the procedures involved, and the meaning of evaluation and assessment results.
5. Test Administration. Counselors administer psychological tests in accordance with standards or guidelines of testing procedures found in the Test Manual.
6. Administrative and Supervisory Conditions. Counselors ensure that evaluation and assessment instruments and procedures are administered and supervised under established conditions consistent with professional standards. They note any departures from standard conditions, and any unusual behavior of irregularities which may affect the interpretation of results.
7. Test Data Utilization. Counselors utilize assessment data by taking into account various factors and characteristics of the person derived from integrated profile of battery test results that might affect the counselor’s judgment or reduce the accuracy of information.
8. Test Confidentiality. Counselors have the responsibility to observe the principle of confidentiality in testing.
9. Computer-Generated Tests. Counselors ensure that computer-generated test administration and scoring programs operate properly thereby providing clients with accurate test results.
10. Obsolete Data. Counselors do not base their assessments or recommendations or decisions on data or test results that are outdated for the current purpose.
11. Intellectual Property. Counselors safeguard and respect the publisher’s intellectual property rights of psychological tests. Reproduction and/or modification of parts thereof without acknowledgement and permission from the publisher of psychological tests are punishable by the Law.
12. Maintaining Test Security. Counselors make reasonable efforts to maintain the integrity and security of tests and other assessment techniques.
CHAPTER VI
COUNSELOR EDUCATION, TRAINING, AND SUPERVISION

1. General Responsibility. Counselors responsible for counselor education, training, and supervision adhere to current guidelines and standards with respect to such activities and conduct themselves in a manner consistent in this Code and Standards of Practice.
2. Counselor Educators and Trainers. Counselor educators and trainers possess the necessary qualifications, skills and competencies to conduct counselor education and training programs.
3. Description of Education and Training Programs. Counselors responsible for education and training programs ensure accurate description of the course/training, goals and objectives, content outline, requirements, methodology, and references.
4. Program Orientation. Counselors in teaching, training, and supervision programs take responsibility to orient perspective students, trainees, and supervisees to all core elements of such programs and activities.
5. Counselor Supervision. Counselors inform the supervisees about the process of supervision, expectations, outcomes, monitoring, and evaluation in order to provide competent counseling services.
6. Ethical Orientation. Counselors have an obligation to make their students, trainees, and supervisees aware of their ethical responsibilities.
7. Evaluation. Counselor educators and trainers ensure a fair, accurate and honest appraisal of students, supervisees and trainees.
8. Relational Boundaries. Counselors establish relationships with their students, trainees, and supervisees such that appropriate relational boundaries are clarified and maintained, and dual relationships avoided.
9. Contribution to Research. Counselors give credit to students and supervisees for their contributions to research and scholarly projects in the field of guidance and counselling.
10. Counselor Care. The counselor organization provides continuing activities for counselor care.
11. Counselor Rights. Rehabilitation services should be available for counsellors under stress.
CHAPTER VII
RESEARCH AND PUBLICATION

1. General Responsibility. In planning any research activity dealing with human subjects, the counselor must observe ethical principles and standards of good practice.
2. Informed Consent. All research subjects must be informed of the purpose of the study except when withholding information or providing misinformation to them is essential to the investigation. In such research, the counselor must be responsible for corrective action as possible following completion of the research.
2.1. Voluntary Participation. Participation of identified subjects in research must be on a voluntary basis.
3. Welfare of the Subjects. Counselors are responsible for the welfare of the subjects throughout the research and must take all reasonable precautions to avoid causing injury in terms of physical, psychological, or social effects on their subjects.
4. Joint Research Activity. Counselors working with another individual in research and/or publication incur an obligation to cooperate in terms of finishing the entire joint venture as agreed upon by both parties.
5. Joint Authorship. Counselors working in a group research acknowledge the fact that all correspondence regarding the said research in that publication must be addressed to the first author.
6. Confidentiality of Information. Counselors must take due care to disguise the identity of respective subjects and research locale.
7. Reporting Accurate Results. Counselors conduct, report and make thorough discussion of research with accuracy and avoid bias and misleading results.
8. Professional Value. Counselors communicate to others the results of any research judged to be of professional value. Results that reflect unfavourably on institutions, programs or services must not be withheld.
9. Acknowledgment. Counselors give due credit through acknowledgment, footnote statements, or other appropriate means to those who have contributed significantly to the research and/or publication in accordance with such contributions.
10. Replication. Counselors acknowledge the fact that their researches can be replicated by others at one point in time due to its relevance and theory-testing.
11. Publication. Counselors submit their research output in a peer-refereed journal for publication using the prescribed standards in writing style.
12. Review of Materials Submitted. Counselors who review materials for publications must respect the confidentiality and propriety rights of those persons who submitted.

Friday, March 02, 2007

IRR of RA9258

Below is the IRR or Implementing Rules & Regulations of RA 9258, otherwise known as Guidance & Counseling Act of 2004. Happy reading!


Republic of the Philippines
Professional Regulations Commission
Manila


IMPLEMENTING RULES AND REGULATIONS
FOR THE GUIDANCE AND COUNSELING ACT OF 2004
(RA 9258)

BACKGROUND

This Implementing Rules and Regulations (IRR) is being issued pursuant to the Article V Section 32 of Republic Act (RA) No. 9258 entitled AN ACT PROFESSIONALIZING THE PRACTICE OF GUIDANCE AND COUNSELING AND CREATING THIS FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD OF GUIDANCE AND COUNSELING AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES, otherwise known as the GUIDANCE AND COUNSELING ACT OF 2004, MANDATING THE Professional Regulatory Board of Guidance and Counseling, hereafter referred to as the Board, in coordination with the Accredited Professional Organization (APO), and other concerned agencies to formulate the necessary rules and regulations that will effectively implement the provisions of this law.

Article I

TITLE: DECLARATION OF POLICY AND DEFINITION OF TERMS

Rule 1: Title. This Resolution shall be known as the Implementing Rules and Regulations, hereinafter referred to as “IRR for the Guidance and Counseling Act of 2004 (RA 9258).”

Rule 2: Declaration of Policy. It is hereby declared the policy of the State to promote the improvement, advancement, and protection of the guidance and counseling profession by undertaking and instituting measures that will result in professional, ethical, relevant, efficient and effective guidance and counseling services for the development and enrichment of individuals and groups.

The State recognizes the important role of guidance counselors in nation building and promotes the sustained development of a reservoir of licensed guidance counselors whose competence has been determined by honest and credible licensure examinations and whose standards of professional practice and service are world-class, and internationally recognized through preventive regulatory measures and program and activities that foster continuing professional development.

Rule 3: Definition of Terms. As used in this IRR, these terms are construed as follows:

Guidance and Counseling. The profession that involves the use of an integrated approach to the development of a well-functioning individual primarily by helping him/her to utilize his/her potentials to the fullest and plan his/her future in accordance with his/her abilities.

It includes functions such as counseling, psychological testing, (i.e. personality, career, interest, mental ability, aptitude, achievement, learning and study orientation), research, placement and group processes. It includes the teaching of guidance and counseling subjects, particularly those given in the licensure examinations and other human development services.

Counseling. In keeping with the development in the profession, the term, “counseling” is considered synonymous to and interchangeable with guidance and counseling.

Guidance Counselor. A natural born or naturalized Filipino who has been registered and issued a valid Certificate of Registration and a valid Professional Identification Card by the Professional Regulation Board of Guidance and Counseling (PRB) and Professional Regulatory Commission (PRC) in accordance with this Act and who, by virtue of specialized training perform for a fee, salary or other forms of compensation, the functions of guidance and counseling under Section 3 (a) of this Act.

Board. Refers to the Professional Regulatory Board of Guidance and Counseling created under Article II Section 4 of RA No. 9258.

Commission. Refers to the Professional Regulation Commission created under Section 3 of RA 9258.

Accredited Professional Organization(APO). APO refers to the Philippine Guidance Counseling Association, Inc. (PGCA) formerly known as the Philippine Guidance and Personnel Association (PGPA) which now or hereafter is the Accredited Professional Organization (APO). Until Sec 21 Art. 3 of the RA9258 is implemented.

ARTICLE II

SCOPE OF PRACTICE

Rule 4. Licensure Examination. Examination will be required for the following:
a. Designated/Appointed guidance counselors/counseling psychologist
in educational institutions, rehabilitation centers, non-governmental organizations, community-based agencies, hospital and other workplace.
b. Faculty members who teach in the Counselor Education Program or who conduct training of guidance counselors.
c. Administrators involved in the supervision and management of guidance services/programs at the basic education, tertiary level and non-formal sectors such as community, hospital church, industry and private practice.

ARTICLE III

PROFESSIONAL REGULATORY BOARD
OF GUIDANCE AND COUNSELING

Rule 5. Composition of the Board. The Board shall consist of a Chairperson and two members, appointed by the President of the Republic of the Philippines upon the recommendation of the Professional Regulation Commission from among registered counselors of recognized standing in the Philippines, duly certified by the Accredited Professional Organization to possess the following qualifications:
a. be a citizen of the Philippines.
b. be a resident of the Philippines for at least five (5) years immediately prior to the appointment.
c. be of good moral character and must not have been convicted of any crime involving moral turpitude.
d. be a qualified guidance counselor holding a valid certificate of Registration provided that in the case of the First Members of the Board, they shall be issued Certificate of Registration as guidance counselors without prior examination.
e. be a holder of a doctoral degree in Guidance and Counseling/Counseling Psychology from a reputable and accredited college or university in the Philippines or abroad.
f. have at least ten (10) years of continuous professional practice as a guidance counselor and/or counselor educator;
g. not be a member of the faculty of any school, college or university where regular and/or review courses in Guidance and Counseling education is taught nor have any pecuniary interest in such institution; and
h. be a member, but not a current official, of Accredited Professional Organization (APO).

Rule 7. Requirements Upon Appointment as Chairperson and Member. Any person appointed as Chairperson or Member of the Board shall:
a. immediately resign from any teaching position in any college, university or institution offering degree programs in guidance and counseling/counseling psychology.
b. immediately resign from any office or employment in the private sector and in the government or in any agency, or instrumentality, thereof, including government owned or government controlled corporations or subsidiaries.
c. not have any pecuniary interest in or administrative supervision over any institution offering Ph. D./Ed. D., Master’s/Bachelor’s degree in Guidance and Counseling/ Counseling Psychology including review classes. Pecuniary interest refers to the involvement of husband/wife, children, in-laws, brothers/sisters, mother/father in any activity that will conflict with one’s position in the Board, particularly financial matters.

Rule 8. Duties of Chairperson and Members. The Chairperson shall preside at all meetings and sign all official documents, letters, correspondence involving important matters and policies of the Board including summons, subpoena or subpoena duces tecum. In case of temporary incapacity or absence of the Chairperson, it shall be the duty of the Members of the Board to attend all meetings particularly when the purpose of such meeting is to deliberate on the results of examinations or questions involving important policies of the Board.

Rule 9. Powers, Functions, Duties and Responsibilities of the Board. The Professional Regulatory Board shall have the following specific powers, functions, duties and responsibilities:
a. supervise and regulate the practice of Guidance and Counseling / Counseling Psychology;
b. determine and evaluate the qualifications of the applicants for registration with or without licensure examination and for issuance of special permits;
c. prepare the examination questions in accordance with Rule 16 hereof or the modifications thereof, and correct and rate examination papers through the process of computerization;
d. prepare, adopt, issue or amend the syllabi for the subjects in the licensure examination, in consultation with the Commission on Higher Education (CHED), the Academe, and the Accredited Professional Organization (APO);
e. register successful examinees in the licensure examinations and issue the corresponding certificates of registration;
f. issue special/temporary permits to foreign guidance counselors/counselor educators to practice guidance and counseling for specific projects and for a specific duration of time for a fee; or on medical mission without fee;
g. monitor the conditions affecting the practice of guidance and counseling, conduct ocular inspection of places where guidance counselors practice their profession and adopt measures for the enhancement of the profession and the maintenance of high professional technical and ethical standards;
h. ensure, in coordination with CHED, that all educational institutions offering the course/program in Guidance and Counseling / Counseling Psychology, comply with the policies, standards and requirements of the said course prescribed by CHED in the areas of curriculum, faculty, library facilities and student services;
i. promulgate rules and regulations including a Code of Ethics, a Manual of Technical Standards for guidance counselors and administrative policies, orders and issuances to carry out the provisions of the Act.
j. investigate violations of the Act and Implementing Rules and Regulations, the Code of Ethics, Manual of Ethical Standards, Administrative policies, orders and issuances promulgated by the Board. The rules of administrative investigation promulgated by the Commission shall govern such investigation;
k. issue subpoena or subpoena duces tecum to secure the attendance of the respondents or witnesses or the production of documents relative to investigation conducted by the Board.
l. render decision, order the resolution on the preliminary investigation or the inquiry against violators of the Act. IRR, Code of Ethical Standards, or any undocketed cases and on docketed administrative cases against examinees or registrants, which shall become final and executory unless appealed with the Commission within (15) days from receipt of the copy thereof;
m. issue, suspend, revoke or re-issue any license for the practice of Guidance and Counseling as defined in the IRR.
n. administer oath necessary for the effective implementation of this Act;
o. initiate criminal action against any violator of the Act and/or the rules and regulations of the Board;
p. adopt the official seal of the Board;
q. prescribe guidelines and criteria on the continuing professional education (CPE) for guidance counselors/educators;
r. adopt such measures necessary and proper for the maintenance of high ethical and professional standards in the practice of the profession; and
s. perform such other functions and duties as maybe necessary to effectively implement this IRR.

The policies, resolutions and rules and regulations issued or promulgated by the Board shall be subject to review and approval by the Commission; The decision of the Board and/or the Commission maybe appealed to the Court of Appeals in accordance with the Rules of Court.

Rule 10. Term of Office. The members of the Board shall hold office for a term of three (3) years until their successors shall have been appointed and qualified: They may, however, be reappointed for a second term. Of the members to be appointed for the first Board; one (1) shall hold office as Chairperson for three (3) years; one (1) as a member for two years and one (1) member for a term of one (1) year. Any vacancies in the Board shall be filled for the unexpired portion of the term only. Each member shall take the proper oath prior to the assumption of duty.

Rule 11. ­Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services. All records of the Board, including application for examination and administrative and other investigative cases shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and support services to implement the provisions of the IRR.

Rule 12. Compensation and Allowance of the Board. The Chairperson and Members of the Board shall receive compensation and allowance received by the Chairperson and members of existing regulatory boards under the Commission as provided for in the General Appropriations Act.

Rule 13. Grounds for Suspension and Removal of Board Members. The President of the Philippines, upon recommendation of the Commission, after giving the concerned member an opportunity to defend himself/herself in a proper administrative investigation to be conducted by the Commission, may remove and suspend any member of the following grounds:
a. neglect of duty or incompetence;
b. violation or tolerance of violation of the IRR or the Code of Ethics and Code of Professional and Technical Standards for guidance counselors;
c. conviction by final judgment of crimes involving moral turpitude;
d. manipulation or rigging of the licensure examination results, disclosure of secret information or the examination questions prior to the conduct of the said examination, or tampering of grades therein; or
e. conviction by final judgment of any criminal offense by the courts.

Rule 14. Meetings. Regular monthly meetings shall be held. Special meetings maybe held as often as maybe necessary at the discretion of the Chairperson or upon the request of the majority of the Board.

Rule 15. Quorum. All members shall attend the meetings of the Board, except for unavoidable circumstances, in which case two members of the board may be sufficient to constitute a quorum for the transaction of official business.

Rule 16. Annual Report. The Chairperson of the Board, shall after the close of the fiscal year, submit an annual report to the Commission, giving a detailed accounting of the proceedings of the Board during the year and embodying such recommendations as the Body may desire to make.


Article IV

EXAMINATION AND REGISTRATION AND LICENSURE


Rule 13. Form of Application. An application for examination and registration must be properly accomplished in hand writing by the applicant on the PRC form, provided and must be filed within thirty (30) working days before the date of the examination. A recent photo must be attached. Prescribed fees must be paid.

Rule 14. Approval of Application. At least two (2) members of the Board shall go over the application. The Board shall satisfy itself that each applicant possesses the qualifications prescribed by Law and IRR and shall notify the Commission of the action taken by it on the application.

Rule 15. Qualification of Applicants. To qualify for the examination, an applicant at the time of the filing of the application should:
a. be a citizen of the Philippines, or a foreigner whose country has reciprocity with the Philippines for the practice of Guidance and Counseling; the country of which he/she is a subject or citizen permits Filipino counselors to practice within its territorial limits on the same basis as the subject or citizen of such country and , provided, further, that the requirements for admission to and from said country are substantially the same as those provided under Republic Act No. 9258;
b. not have been convicted of an offense involving moral turpitude by a competent court;
c. not have been found guilty by the Professional Regulatory Board for immoral and/or dishonorable conduct (Sec. 24);
d. be a graduate of a baccalaureate in Guidance and Counseling or in other allied discipline degree from an accredited college or university and a master’s degree and Guidance and Counseling/Counseling Psychology;
e. a holder of a Ph. D. or Ed. D. in Guidance and Counseling/Counseling Psychology and;
f. shall not have been declared by the court as insane.

Rule 16. Scope of Examination. The examination shall be in English and shall consist of a written test covering the following subjects:

a. Philosophical, Psychological and Sociological Foundations of Guidance
b. Counseling Theories, Tools and Techniques
c. Psychological Testing
d. Organization and Administration of Guidance Service
e. Group Process
f. Program Development
g. Career Guidance

Rule 17. Conduct of Examination. The following rules shall be observed in the conduct of examinations:
a. Examinees are prohibited from communicating with each other while the examination is in progress, by means of words, gestures and other acts, which may enable them to exchange information. Examinees found violating this rule shall be summarily expelled from the examination room and their papers cancelled.
b. The administrator shall refrain from explaining test questions to any candidate. If any explanation is necessary, the same shall be made to all the examinees.
c. Examination shall be conducted in a spirit of mutual cooperation among the Board members and the PRC employees, exercising on their part extraordinary diligence to ensure the absolute integrity of the examination and maintain the faith and confidence of the public.

Rule 18. Preparation of Examination Questions. The following rules shall be observed in the preparation of examination questions:
a. original copy of examination questions shall be prepared in the handwriting of the Board Member himself/herself.
b. copy of the questions in the handwriting of the Board Member thereof duly signed by him/her shall be given to the Secretary of the Board after the examination for the purpose of safekeeping.
c. the examination questions shall be printed on the day of the examination in the presence of the Board Member concerned. The Board Member himself/herself shall be physically present during the printing of the questions.
d. in preparing questions, the following shall be observed:
i. the time allotment for each test shall be stated
ii. the time allotment for the test shall be determined with due regard to the difficulty level of the question
iii. test questions shall be defined. The wording shall be complete and should be carefully checked until there is no possibility of misunderstanding by the average examinee.
iv. test questions should be original and should not be copied verbatim from textbooks; review materials used in regular or review classes. Questions which call for unsettled, or highly controversial opinions should be avoided

Rule 19. Ratings Required. To be qualified as having passed the licensure examination for guidance counselors, a candidate must have obtained a weighted general average of seventy-five percent (75%), with no grade lower than sixty percent (60%), in any given subject. However, an examinee who obtains a weighted average of seventy five percent (75%) or higher but obtains a rating below sixty percent (60%) in any given subject, must take an examination in the subject or subjects where he/she obtained a grade below sixty percent (60%) within two years from the date of the last examination. The subject or subjects retaken must have each a rating of no less than seventy-five percent (75%) in order to qualify as having passed the examination.

Rule 20. Rating of Examination Papers. The computation of ratings of examination shall be done using the computers under the supervision of the Board members. Strict security measures shall be observed.

Rule 21. Report of Ratings. The Board shall report the ratings obtained by each candidate to the Commission within ten (10) days or less after the last day of the examination.

The Board Members or PRC employees shall not release any information about the results of the examination while the same is under consideration. No Board Member or employee shall inform candidates of their ratings in the examination before the official release thereof.

Rule 22. Reconsideration of Ratings. No petition or reconsideration of ratings shall be granted except on ground of clerical or computer error or it is conclusively shown that there has been malfeasance in the conduct of the examination.

Rule 23. Application for Re-examination. Applicants may take the examination twice. Applicants for re-examination shall be required a new application accompanied by the required fee and photograph. Failure in the re-examination will require the applicant to enroll in nine (9) units of guidance and counseling subjects on the master’s level specifically in subjects failied.

Rule 24. Schedule of Fees. All fees pertaining to the examination and registration shall be in accordance to those prescribed by the Commission.

Rule 25. Date and Place of Examination. Examination for candidates desiring to practice counseling in the Philippines shall be given by the Board regularly on the date prescribed, or at such other place as maybe deemed necessary and expedient by the Board subject to approval by the PRC Commissioner/s and the President of the Philippines. It shall be the policy of the Board to give examinations at the place other than in Manila only when there shall be fifty (50) candidates applying for and qualified to take the said examination.

Rule 26. Issuance of Certificates. Certificates of registration as attested shall be issued by the Board to the applicants who have passed the licensure examination and who have satisfactorily met the requirements prescribed by the Law and the IRR of the Board for the issuance of certificate of registration.

Rule 27. Certificate of Registration. Every certificate of registration shall show the full name of the registrant, shall have a serial number, and signed by all the members of the Board and the Chairperson of the Commission and authenticated by the Secretary of the Board and duly authenticated by the official seal of the commission.

Rule 28. Oath Taking. All successful examinees shall be required to take the professional oath before any member of the Board.

Rule 29. Issuance of Certificate of Registration and Professional Identification Card. An applicant who passes the examination or who registered without examination shall be issued a certificate of registration bearing the signatures of the Commission Chairperson, and the Chairperson and members of the Board, and the official seal of the Board.

Rule 30. Renewal of Certificate of Registration and Professional Identification Card. The Commission’s policy on this shall be followed.

Rule 31. Registration by Reciprocity. Certificates of registration as Guidance counselors by reciprocity may be issued by the Professional Regulatory Board to an applicant registered under the Laws of any foreign state or country, provided that the requirements for the registration or licensing of counselors in said foreign state or country are substantially the same as those required and contemplated by the R.A.9258 and provided further that the laws of such foreign state or country grant the same privileges to registered guidance counselors in the Philippines as those given to the subject or citizens of such foreign state or country.

Every applicant for registration as guidance counselors by reciprocity shall present to the Board a properly completed application on the prescribed form, together with a certificate of registration as guidance counselors granted by the state of country and a copy of the laws or portion thereof showing that Filipino Guidance counselors are allowed to practice their profession in said foreign state or country on the basis as the subjects or citizens thereof.

Rule 32. Roster of Guidance Counselors. The Board, in coordination with the Accredited Professional Organization (APO) shall keep the roster of the name, residence and office address of all registered licensed Guidance Counselors and the said roster shall be made available to the public upon request.

Rule 33. Integration of Guidance Counselors. All registered/licensed guidance counselors whose names appear in the roster of guidance counselors shall be united and integrated through their automatic membership in the one (1) and only registered and accredited national organization which the Board, subject to approval by the Commission, shall recognize and accredit after consultation with all existing organizations of guidance counselors members. Membership in the integrated organization shall not be a bar to membership and any other professional guidance association.

Rule 34. Indication of Certification and Registration Number and Professional Tax Receipts (PTR). The guidance counselor shall be required to indicate the number of the certificate of registration, the date of issuance, the period of validity of the license, including the professional tax receipt number on the documents signed, used or issued in connection with the practice of profession.

Rule 35. Practice through Special-Temporary Permit. Special/temporary permit may be issued by the Board to the following person subject to the approval of the commission and the payment of the fees:
1. Licensed guidance counselors from foreign countries/states whose services are either for a fee or free provided:
1.1 they are internationally well-known guidance counselors or outstanding experts in any branch or specialty of guidance and counseling; and
1.2 their services are urgently and importantly necessary for lack of local specialists/expert for the promotion or advancement of the practice of guidance and counseling through transfer of technology.
2. Licensed guidance counselors from foreign countries/states whose services shall be free and limited to indigent clients.
3. Licensed guidance counselors from foreign countries/states employed as exchange professors in branch or specialty of guidance and counseling in schools, colleges, universities offering the course of guidance and counseling.

The permit, among other things includes the above mentioned limitations and conditions for a period of one (1) year.

Rule 36. Denial, Suspension, Revocation of a Certificate of Registration, Cancellation of Special Permit. The application for registration and the issuance of a Certificate of Registration may be denied for any of these causes:
a. conviction of an offense involving moral turpitude by a competent court.
b. Finding of guilt by the Professional Regulatory Board for immoral and / or dishonorable conduct; and
c. Declaration by the court of the applicant as being insane.

The Certificate of Registration may be revoked or suspended or the special permit may be cancelled for any of the above/enumerated causes including the following: fraudulent acquisition of Certificate of Registration and/or Special Permit; abetment or tolerance of illegal practice by unqualified persons through the use by the latter of guidance counselor’s certificate of special permit; violation of the provisions of this IRR Code of Ethics and Manual of Technical Standards for guidance counselors; malpractice; drug or alcohol abuse impairing one’s ability to practice the profession.

No certificate shall be denied, revoked or suspended for any of the reasons herein proposed, until after sworn complaint in writing against the applicant or holder thereof shall have been filed and heard in a hearing behind closed doors by the Board.

Rule 37. Reinstatement. A person may apply to the Board for reinstatement of a Certificate of Registration after the expiration of one year from the date of revocation of said certificate. The application shall be in writing and shall conform to the requirements provided by the Board. The applicant shall be non reinstated unless the Board is satisfied that a valid cause exists to warrant such reinstatement.

Rule 38. Appeal. The revocation or suspension of the Certificate of Registration, or cancellation of special permit by the Board shall be final unless appealed to the Commission within fifteen (15) days from receipt of the decision. The decision of the Board and/or Commission may be appealed to the Court of Appeals.

Article V

PRACTICE OF GUIDANCE AND COUNSELING

Rule 39. Prohibition Against the Practice of Guidance and Counseling. No person shall (1) engage in the practice of guidance and counseling without a valid Certificate of Registration and a valid Professional Identification Card or a special permit; (2) represent to the public or to third persons as licensed guidance counselor during the time that the license has been revoked or suspended, and, (3) allow anybody to use one’s license as a guidance counselor to enable such unqualified individual to engage in the practice of guidance and counseling.

No corporation, partnership, association or entity shall operate a guidance and counseling office, testing center, rehabilitation center, or otherwise engage in the practice of guidance and counseling without first securing a permit from the Board. The permit shall be issued only after it has satisfied the Board that such establishment is properly staffed by duly licensed guidance counselors.

Any unethical practice of guidance and counseling as may be defined by a Code of Ethics and Manual of Technical Standards to be prepared by the Board in consultation with guidance counselors is prohibited.

Rule 40. Right to Privileged Communication for Guidance Counselors. A certified guidance counselor who is allowed to practice guidance and counseling in accordance with the Act cannot be examined as to any communication or information which has been acquired while attending to client without the written consent of the client or legal guardian. The protection accorded herein shall also extend to the records and secretary or clerk of a licensed guidance counselor, who may not be examined concerning any fact, the knowledge of which has been acquired in such capacity.

Any evidence obtained in violation of this provision shall be inadmissible for any purpose in any proceeding.

Rule 41. Foreign Reciprocity. No foreign guidance counselors shall be admitted to the examination, or be given a certificate of registration, or be entitled to any rights and privileges under this IRR unless the country or state of which one is a subject or citizen permits Filipino guidance counselors to practice within its territorial limits on the same basis as the subjects or citizens of said country or state; provided, that the requirements for certification of guidance counselors in said foreign state or country are substantially the same as those required and contemplated under this Act; Provided further, that the laws of such state or country grant the same privilege to Filipino guidance counselors on the same basis as the subjects or citizens of such foreign state or country.


Article VI

GENERAL PROVISIONS

Rule 42. Penalty Clause. Any person who violates any provision of the Act and the Implementing Rules and Regulations issued by the Board and the Commission, commits fraud in the acquisition of Certificate of Registration or special permit shall be punished with imprisonment of not less than six (6) months but not more than eight (8) years or a fine not less than fifty thousand pesos (P50,000) but not more than one hundred thousand pesos (P100, 000) or both in the discretion of the court.

Rule 43. Separability Clause. If any part of the Act is declared unconstitutional, the remaining parts not affected thereby shall continue to be valid and operational.

Rule 44. Repealing Clause. All laws, decrees, orders, circulars, rules and regulations and other issuance, which are inconsistent with the Act are hereby repealed, amended or modified accordingly.

Rule 45. Enforcement of the RA. No.9258, as implemented by this IRR. It shall be the primary duty of the Commission and the Board to effectively implement the provision of RA. 9258 and this IRR.

Rule 46. Assistance of Law Enforcement Agency. Any duly authorized law enforcement agencies and officers of national, provincial, city, or municipal governments shall upon the call or request of the Commission or the Board render assistance in enforcing the provision of RA No. 9258 and this IRR and to prosecute any person violating the same.

Rule 47. Repeal. All existing rules and regulations of the Professional Regulatory Board for Guidance and Counseling or parts thereof, which are inconsistent with the provisions of these rules and regulations are hereby repealed.

EFFECTIVITY

Rule 48. Effectivity This implementing rules and regulations shall take effect upon its approval.

Adopted this 21st day of March 2005, at Quezon City, Philippines

LETICIA PENANO-HO. Ph.D.
President
PHILIPPINE GUIDANCE AND COUNSELING ASSOCIATION, INC.
Accredited Professional Association


IRR COMMITTEE

MS. GRACE AGUSTIN Chairperson DR.BARBARA FERNANDEZ

DR.THELMA ABIVA DR.ROSA MARIA LLANES

MS. ALICIA AGUSTIN DR.CONCHITA UMALI

DR. EVANGELINE DE JESUS MS. ANNABELLE SANGALANG

DR. LIGAYA DE GUZMAN

Revised at the Focused Group Discussion held at the Arts Conference Room, FEU, Morayta St., Manila on August 26, 2006
Adamson University – October 07, 2006
Jose Rizal University – November 18, 2006

Dr. Rosa Maria I. Llanes
President

Dr. Benedicta O. Liscano
Vice President

Dr. Carmencita H. Salonga
PRO

Ms. Ma. Lourdes L. Chavez
Secretary

Dr. Alda Peralta Polestico
Board Member