AN ACT PROFESSIONALIZING THE PRACTICE OF GUIDANCE AND COUNSELING AND CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD OF GUIDANCE AND COUNSELING

Case Overview and Summary

Summary of the Guidance and Counseling Act of 2004

Definitions (Section 3):
- Guidance and Counseling: A profession involving an integrated approach to individual development by helping realize potentials and plan for the future based on abilities, interests, and needs. It includes counseling and other human development services.
- Guidance Counselor: A registered and licensed professional who performs guidance and counseling functions for a fee.

Professional Regulatory Board of Guidance and Counseling (Sections 4-11):
- Creation of a Professional Regulatory Board under the Professional Regulatory Commission.
- Powers and functions include:
    - Supervise and regulate the practice of guidance and counseling. (Section 5a)
    - Evaluate applicants for registration and issue licenses/permits. (Section 5b)
    - Prepare and conduct licensure examinations. (Section 5c)
    - Adopt syllabi for examination subjects in consultation with CHED and organizations. (Section 5d)
    - Register successful examinees and issue certificates. (Section 5e)
    - Issue special/temporary permits to foreign guidance counselors. (Section 5f)
    - Monitor conditions affecting the practice and adopt measures for enhancement. (Section 5g)
    - Ensure compliance of educational institutions offering the course. (Section 5h)
    - Promulgate rules, regulations, code of ethics, and technical standards. (Section 5i)
    - Investigate violations and take disciplinary actions. (Sections 5j-5m)
    - Prescribe guidelines for continuing professional education. (Section 5q)
- Qualifications of Board members include Philippine citizenship, good moral character, doctoral degree in guidance and counseling, and at least 10 years of professional practice. (Section 6)
- Term of office is 3 years, renewable for another term. (Section 7)
- Grounds for suspension and removal of Board members. (Section 10)

Examination, Registration, and Licensure (Sections 12-26):
- Licensure examination is required for all applicants. (Section 12)
- Qualifications for examination include Philippine citizenship or foreign reciprocity, no conviction of moral turpitude, and a Bachelor's degree in Guidance and Counseling or allied discipline plus a Master's degree in Guidance and Counseling. (Section 13)
- Provisions for registration without examination within 2 years for those with doctoral/master's degrees and relevant experience. (Section 14)
- Examination covers philosophical, psychological, and sociological foundations, counseling theories and techniques, psychological testing, organization and administration of guidance services, and group process and program development. (Section 15)
- Passing score is a weighted general average of 75% with no grade lower than 60%. (Section 17)
- Successful examinees must take a professional oath. (Section 18)
- Certificates of Registration and Professional Identification Cards will be issued. (Section 19)
- A roster of registered guidance counselors will be maintained. (Section 20)
- Integration into a single accredited national organization of registered guidance counselors. (Section 21)
- Indication of registration number and professional tax receipt is required. (Section 22)
- Special/temporary permits may be issued to foreign guidance counselors under certain conditions. (Section 23)
- Grounds for denial, suspension, or revocation of registration/permit. (Section 24)
- Provisions for reinstatement of revoked certificates. (Section 25)
- Decisions of the Board may be appealed to the Commission and Court of Appeals. (Section 26)

Practice of Guidance and Counseling (Sections 27-29):
- Prohibition against practicing without a valid license or permit, making false representations, or allowing unqualified individuals to use one's license. (Section 27)
- Corporations or entities must secure a permit to operate a guidance and counseling office/center and be staffed by licensed counselors. (Section 27)
- Unethical practices as defined in the Code of Ethics and Technical Standards are prohibited. (Section 27)
- Right to privileged communication for guidance counselors without client consent. (Section 28)

Foreign Reciprocity (Section 29):
- Foreign guidance counselors may be admitted if their country permits Filipino counselors to practice on the same basis and has substantially similar certification requirements.

Funding and Implementation (Sections 30-36):
- Funding for implementation will be included in the General Appropriations Act. (Section 30)
- Law enforcement agencies shall assist in enforcing the Act. (Section 31)
- The Board shall promulgate implementing rules and regulations within 60 days, effective 15 days after publication. (Section 32)
- Penalties of imprisonment from 6 months to 8 years, or a fine of P50,000 to P100,000, or both, for violations. (Section 33)
- Separability clause for unconstitutional provisions. (Section 34)
- Repealing clause for inconsistent laws and regulations. (Section 35)
- Effectivity 1 month after publication in a newspaper of general circulation. (Section 36)