Republic of the Philippines
Professional Regulations Commission
IMPLEMENTING RULES AND REGULATIONS
FOR THE GUIDANCE AND COUNSELING ACT OF 2004
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.
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.
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.
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.
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.
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.
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.