§ 24-60-4302 — Compact approved and ratified

Colorado § 24-60-4302

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby
approves and ratifies, and the governor shall enter into, a compact on behalf of the
state of Colorado and any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:

SECTION 1.

PURPOSE

The purpose of this Compact is to facilitate interstate practice of Licensed
Professional Counselors with the goal of improving public access to Professional
Counseling services. The practice of Professional Counseling occurs in the State
where the client is located at the time of the counseling services. The Compact
preserves the regulatory authority of States to protect public health and safety
through the current system of State licensure.

This Compact is designed to achieve the following objectives:

A. Increase public access to Professional Counseling services by providing
for the mutual recognition of other Member State licenses;

B. Enhance the States' ability to protect the public's health and safety;

C. Encourage the cooperation of Member States in regulating multistate
practice for Licensed Professional Counselors;

D. Support spouses of relocating Active Duty Military personnel;

E. Enhance the exchange of licensure, investigative, and disciplinary
information among Member States;

F. Allow for the use of Telehealth technology to facilitate increased access
to Professional Counseling services;

G. Support the uniformity of Professional Counseling licensure requirements
throughout the States to promote public safety and public health benefits;

H. Invest all Member States with the authority to hold a Licensed
Professional Counselor accountable for meeting all State practice laws in the State
in which the client is located at the time care is rendered through the mutual
recognition of Member State licenses;

I. Eliminate the necessity for licenses in multiple States; and

J. Provide opportunities for interstate practice by Licensed Professional
Counselors who meet uniform licensure requirements.

SECTION 2.

DEFINITIONS

As used in this Compact, and except as otherwise provided, the following
definitions shall apply:

A. Active Duty Military means full-time duty status in the active uniformed
service of the United States, including members of the National Guard and Reserve
on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.

B. Adverse Action means any administrative, civil, equitable, or criminal
action permitted by a State's laws which is imposed by a licensing board or other
authority against a Licensed Professional Counselor, including actions against an
individual's license or Privilege to Practice such as revocation, suspension,
probation, monitoring of the licensee, limitation on the licensee's practice, or any
other Encumbrance on licensure affecting a Licensed Professional Counselor's
authorization to practice, including issuance of a cease and desist action.

C. Alternative Program means a non-disciplinary monitoring or practice
remediation process approved by a Professional Counseling Licensing Board to
address Impaired Practitioners.

D. Continuing Competence/Education means a requirement, as a condition
of license renewal, to provide evidence of participation in, or completion of,
educational and professional activities relevant to practice or area of work.

E. Counseling Compact Commission or Commission means the national
administrative body whose membership consists of all States that have enacted the
Compact.

F. Current Significant Investigative Information means:

1. Investigative Information that a Licensing Board, after a preliminary inquiry
that includes notification and an opportunity for the Licensed Professional
Counselor to respond, if required by State law, has reason to believe is not
groundless and, if proved true, would indicate more than a minor infraction; or

2. Investigative Information that indicates that the Licensed Professional
Counselor represents an immediate threat to public health and safety regardless of
whether the Licensed Professional Counselor has been notified and had an
opportunity to respond.

G. Data System means a repository of information about Licensees,
including, but not limited to, continuing education, examination, licensure,
investigative, Privilege to Practice, and Adverse Action information.

H. Encumbered License means a license in which an Adverse Action
restricts the practice of licensed Professional Counseling by the Licensee and said
Adverse Action has been reported to the National Practitioners Data Bank (NPDB).

I. Encumbrance means a revocation or suspension of, or any limitation on,
the full and unrestricted practice of Licensed Professional Counseling by a
Licensing Board.

J. Executive Committee means a group of directors elected or appointed to
act on behalf of, and within the powers granted to them by, the Commission.

K. Home State means the Member State that is the Licensee's primary
State of residence.

L. Impaired Practitioner means an individual who has a condition that may
impair their ability to practice as a Licensed Professional Counselor without some
type of intervention and may include, but is not limited to, alcohol and drug
dependence, mental health impairment, and neurological or physical impairments.

M. Investigative Information means information, records, and documents
received or generated by a Professional Counseling Licensing Board pursuant to an
investigation.

N. Jurisprudence Requirement, if required by a Member State, means the
assessment of an individual's knowledge of the laws and Rules governing the
practice of Professional Counseling in a State.

O. Licensed Professional Counselor means a counselor licensed by a
Member State, regardless of the title used by that State, to independently assess,
diagnose, and treat behavioral health conditions.

P. Licensee means an individual who currently holds an authorization from
the State to practice as a Licensed Professional Counselor.

Q. Licensing Board means the agency of a State, or equivalent, that is
responsible for the licensing and regulation of Licensed Professional Counselors.

R. Member State means a State that has enacted the Compact.

S. Privilege to Practice means a legal authorization, which is equivalent to
a license, permitting the practice of Professional Counseling in a Remote State.

T. Professional Counseling means the assessment, diagnosis, and
treatment of behavioral health conditions by a Licensed Professional Counselor.

U. Remote State means a Member State other than the Home State, where
a Licensee is exercising or seeking to exercise the Privilege to Practice.

V. Rule means a regulation promulgated by the Commission that has the
force of law.

W. Single State License means a Licensed Professional Counselor license
issued by a Member State that authorizes practice only within the issuing State and
does not include a Privilege to Practice in any other Member State.

X. State means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of Professional Counseling.

Y. Telehealth means the application of telecommunication technology to
deliver Professional Counseling services remotely to assess, diagnose, and treat
behavioral health conditions.

Z. Unencumbered License means a license that authorizes a Licensed
Professional Counselor to engage in the full and unrestricted practice of
Professional Counseling.

SECTION 3.

STATE PARTICIPATION IN THE COMPACT

A. To Participate in the Compact, a State must currently:

1. License and regulate Licensed Professional Counselors;

2. Require Licensees to pass a nationally recognized exam approved by the
Commission;

3. Require Licensees to have a 60 semester-hour (or 90 quarter-hour)
master's degree in counseling or 60 semester-hours (or 90 quarter-hours) of
graduate course work, including the following topic areas:

a. Professional Counseling Orientation and Ethical Practice;

b. Social and Cultural Diversity;

c. Human Growth and Development;

d. Career Development;

e. Counseling and Helping Relationships;

f. Group Counseling and Group Work;

g. Diagnosis and Treatment; Assessment and Testing;

h. Research and Program Evaluation; and

i. Other areas as determined by the Commission.

4. Require Licensees to complete a supervised postgraduate professional
experience as defined by the Commission;

5. Have a mechanism in place for receiving and investigating complaints
about Licensees.

B. A Member State shall:

1. Participate fully in the Commission's Data System, including using the
Commission's unique identifier as defined in Rules;

2. Notify the Commission, in compliance with the terms of the Compact and
Rules, of any Adverse Action or the availability of Investigative Information
regarding a Licensee;

3. Implement or utilize procedures for considering the criminal history
records of applicants for an initial Privilege to Practice. These procedures shall
include the submission of fingerprints or other biometric-based information by
applicants for the purpose of obtaining an applicant's criminal history record
information from the Federal Bureau of Investigation and the agency responsible
for retaining that State's criminal records;

a. A member state must fully implement a criminal background check
requirement, within a time frame established by rule, by receiving the results of the
Federal Bureau of Investigation record search and shall use the results in making
licensure decisions.

b. Communication between a Member State, the Commission, and among
Member States regarding the verification of eligibility for licensure through the
Compact shall not include any information received from the Federal Bureau of
Investigation relating to a federal criminal records check performed by a Member
State under Public Law 92-544.

4. Comply with the Rules of the Commission;

5. Require an applicant to obtain or retain a license in the Home State and
meet the Home State's qualifications for licensure or renewal of licensure, as well
as all other applicable State laws;

6. Grant the Privilege to Practice to a Licensee holding a valid
Unencumbered License in another Member State in accordance with the terms of
the Compact and Rules; and

7. Provide for the attendance of the State's commissioner to the Counseling
Compact Commission meetings.

C. Member States may charge a fee for granting the Privilege to Practice.

D. Individuals not residing in a Member State shall continue to be able to
apply for a Member State's Single State License as provided under the laws of each
Member State. However, the Single State License granted to these individuals shall
not be recognized as granting a Privilege to Practice Professional Counseling in any
other Member State.

E. Nothing in this Compact shall affect the requirements established by a
Member State for the issuance of a Single State License.

F. A license issued to a Licensed Professional Counselor by a Home State to
a resident in that State shall be recognized by each Member State as authorizing a
Licensed Professional Counselor to practice Professional Counseling, under a
Privilege to Practice in each Member State.

SECTION 4.

PRIVILEGE TO PRACTICE

A. To exercise the Privilege to Practice under the terms and provisions of the
Compact, the Licensee shall:

1. Hold a license in the Home State;

2. Have a valid United States Social Security Number or National
Practitioner Identifier;

3. Be eligible for a Privilege to Practice in any Member State in accordance
with Section 4(D), (G), and (H);

4. Have not had any Encumbrance or restriction against any license or
Privilege to Practice within the previous two (2) years;

5. Notify the Commission that the Licensee is seeking the Privilege to
Practice within a Remote State(s);

6. Pay any applicable fees, including any State fee, for the Privilege to
Practice;

7. Meet any Continuing Competence/Education requirements established by
the Home State;

8. Meet any Jurisprudence Requirements established by the Remote State(s)
in which the Licensee is seeking a Privilege to Practice; and

9. Report to the Commission any Adverse Action, Encumbrance, or
restriction on license taken by any non-Member State within 30 days from the date
the action is taken.

B. The Privilege to Practice is valid until the expiration date of the Home
State license. The Licensee must comply with the requirements of Section 4(A) to
maintain the Privilege to Practice in the Remote State.

C. A Licensee providing Professional Counseling in a Remote State under the
Privilege to Practice shall adhere to the laws and regulations of the Remote State.

D. A Licensee providing Professional Counseling services in a Remote State
is subject to that State's regulatory authority. A Remote State may, in accordance
with due process and that State's laws, remove a Licensee's Privilege to Practice in
the Remote State for a specific period of time, impose fines, or take any other
necessary actions to protect the health and safety of its citizens. The Licensee may
be ineligible for a Privilege to Practice in any Member State until the specific time
for removal has passed and all fines are paid.

E. If a Home State license is encumbered, the Licensee shall lose the
Privilege to Practice in any Remote State until the following occur:

1. The Home State license is no longer encumbered; and

2. The licensee has not had any Encumbrance or restriction against any
license or Privilege to Practice within the previous two (2) years.

F. Once an Encumbered License in the Home State is restored to good
standing, the Licensee must meet the requirements of Section 4(A) to obtain a
Privilege to Practice in any Remote State.

G. If a Licensee's Privilege to Practice in any Remote State is removed, the
individual may lose the Privilege to Practice in all other Remote States until the
following occur:

1. The specific period of time for which the Privilege to Practice was removed
has ended;

2. All fines have been paid; and

3. The licensee has not had any Encumbrance or restriction against any
license or Privilege to Practice within the previous two (2) years.

H. Once the requirements of Section 4(G) have been met, the Licensee must
meet the requirements in Section 4(A) to obtain a Privilege to Practice in a Remote
State.

SECTION 5:

OBTAINING A NEW HOME STATE LICENSE

BASED ON A PRIVILEGE TO PRACTICE

A. A Licensed Professional Counselor may hold a Home State license, which
allows for a Privilege to Practice in other Member States, in only one Member State
at a time.

B. If a Licensed Professional Counselor changes primary State of residence
by moving between two Member States:

1. The Licensed Professional Counselor shall file an application for obtaining
a new Home State license based on a Privilege to Practice, pay all applicable fees,
and notify the current and new Home State in accordance with applicable Rules
adopted by the Commission.

2. Upon receipt of an application for obtaining a new Home State license by
virtue of a Privilege to Practice, the new Home State shall verify that the Licensed
Professional Counselor meets the pertinent criteria outlined in Section 4 via the
Data System, without need for primary source verification except for:

a. A Federal Bureau of Investigation fingerprint based criminal background
check if not previously performed or updated pursuant to applicable rules adopted
by the Commission in accordance with Public Law 92-544;

b. Other criminal background check as required by the new Home State; and

c. Completion of any requisite Jurisprudence Requirements of the new Home
State.

3. The former Home State shall convert the former Home State license into a
Privilege to Practice once the new Home State has activated the new Home State
license in accordance with applicable Rules adopted by the Commission.

4. Notwithstanding any other provision of this Compact, if the Licensed
Professional Counselor cannot meet the criteria in Section 4, the new Home State
may apply its requirements for issuing a new Single State License.

5. The Licensed Professional Counselor shall pay all applicable fees to the
new Home State in order to be issued a new Home State license.

C. If a Licensed Professional Counselor changes Primary State of Residence
by moving from a Member State to a non-Member State, or from a non-Member
State to a Member State, the State criteria shall apply for issuance of a Single
State License in the new State.

D. Nothing in this Compact shall interfere with a Licensee's ability to hold a
Single State License in multiple States, however for the purposes of this Compact,
a Licensee shall have only one Home State license.

E. Nothing in this Compact shall affect the requirements established by a
Member State for the issuance of a Single State License.

SECTION 6.

ACTIVE DUTY MILITARY PERSONNEL

OR THEIR SPOUSES

Active Duty Military personnel, or their spouse, shall designate a Home State
where the individual has a current license in good standing. The individual may
retain the Home State designation during the period the service member is on
active duty. Subsequent to designating a Home State, the individual shall only
change their Home State through application for licensure in the new State, or
through the process outlined in Section 5.

SECTION 7.

COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

A. Member States shall recognize the right of a Licensed Professional
Counselor, licensed by a Home State in accordance with Section 3 and under Rules
promulgated by the Commission, to practice Professional Counseling in any
Member State via Telehealth under a Privilege to Practice as provided in the
Compact and Rules promulgated by the Commission.

B. A Licensee providing Professional Counseling services in a Remote State
under the Privilege to Practice shall adhere to the laws and regulations of the
Remote State.

SECTION 8.

ADVERSE ACTIONS

A. In addition to the other powers conferred by State law, a Remote State
shall have the authority, in accordance with existing State due process law, to:

1. Take Adverse Action against a Licensed Professional Counselor's Privilege
to Practice within that Member State, and

2. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses as well as the production of evidence.
Subpoenas issued by a Licensing Board in a Member State for the attendance and
testimony of witnesses or the production of evidence from another Member State
shall be enforced in the latter State by any court of competent jurisdiction,
according to the practice and procedure of that court applicable to subpoenas
issued in proceedings pending before it. The issuing authority shall pay any witness
fees, travel expenses, mileage, and other fees required by the service statutes of
the State in which the witnesses or evidence is located.

3. Only the Home State shall have the power to take Adverse Action against
a Licensed Professional Counselor's license issued by the Home State.

B. For purposes of taking Adverse Action, the Home State shall give the
same priority and effect to reported conduct received from a Member State as it
would if the conduct had occurred within the Home State. In so doing, the Home
State shall apply its own State laws to determine appropriate action.

C. The Home State shall complete any pending investigations of a Licensed
Professional Counselor who changes primary State of residence during the course
of the investigations. The Home State shall also have the authority to take
appropriate action(s) and shall promptly report the conclusions of the
investigations to the administrator of the Data System. The administrator of the
coordinated licensure information system shall promptly notify the new Home
State of any Adverse Actions.

D. A Member State, if otherwise permitted by State law, may recover from
the affected Licensed Professional Counselor the costs of investigations and
dispositions of cases resulting from any Adverse Action taken against that
Licensed Professional Counselor.

E. A Member State may take Adverse Action based on the factual findings of
the Remote State, provided that the Member State follows its own procedures for
taking the Adverse Action.

F. Joint Investigations:

1. In addition to the authority granted to a Member State by its respective
Professional Counseling practice act or other applicable State law, any Member
State may participate with other Member States in joint investigations of Licensees.

2. Member States shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the
Compact.

G. If Adverse Action is taken by the Home State against the license of a
Licensed Professional Counselor, the Licensed Professional Counselor's Privilege to
Practice in all other Member States shall be deactivated until all Encumbrances
have been removed from the State license. All Home State disciplinary orders that
impose Adverse Action against the license of a Licensed Professional Counselor
shall include a Statement that the Licensed Professional Counselor's Privilege to
Practice is deactivated in all Member States during the pendency of the order.

H. If a Member State takes Adverse Action, it shall promptly notify the
administrator of the Data System. The administrator of the Data System shall
promptly notify the Home State of any Adverse Actions by Remote States.

I. Nothing in this Compact shall override a Member State's decision that
participation in an Alternative Program may be used in lieu of Adverse Action.

SECTION 9.

ESTABLISHMENT OF COUNSELING

COMPACT COMMISSION

A. The Compact Member States hereby create and establish a joint public
agency known as the Counseling Compact Commission:

1. The Commission is an instrumentality of the Compact States.

2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where
the principal office of the Commission is located. The Commission may waive venue
and jurisdictional defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one (1) delegate selected
by that Member State's Licensing Board.

2. The delegate shall be either:

a. A current member of the Licensing Board at the time of appointment, who
is a Licensed Professional Counselor or public member; or

b. An administrator of the Licensing Board.

3. Any delegate may be removed or suspended from office as provided by
the law of the State from which the delegate is appointed.

4. The Member State Licensing Board shall fill any vacancy occurring on the
Commission within 60 days.

5. Each delegate shall be entitled to one (1) vote with regard to the
promulgation of Rules and creation of bylaws and shall otherwise have an
opportunity to participate in the business and affairs of the Commission.

6. A delegate shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for delegates' participation in meetings by
telephone or other means of communication.

7. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws.

8. The Commission shall by Rule establish a term of office for delegates and
may by Rule establish term limits.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the bylaws;

4. Meet and take such actions as are consistent with the provisions of this
Compact and the bylaws;

5. Promulgate Rules which shall be binding to the extent and in the manner
provided for in the Compact;

6. Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing Board to sue or be
sued under applicable law shall not be affected;

7. Purchase and maintain insurance and bonds;

8. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a Member State;

9. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the
Compact, and establish the Commission's personnel policies and programs relating
to conflicts of interest, qualifications of personnel, and other related personnel
matters;

10. Accept any and all appropriate donations and grants of money,
equipment, supplies, materials, and services, and to receive, utilize, and dispose of
the same; provided that at all times the Commission shall avoid any appearance of
impropriety or conflict of interest;

11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to
own, hold, improve or use, any property, real, personal or mixed; provided that at all
times the Commission shall avoid any appearance of impropriety;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees composed of
members, State regulators, State legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
Compact and the bylaws;

16. Provide and receive information from, and cooperate with, law
enforcement agencies;

17. Establish and elect an Executive Committee; and

18. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact consistent with the State regulation of
Professional Counseling licensure and practice.

D. The Executive Committee

1. The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact.

2. The Executive Committee shall be composed of up to eleven (11) members:

a. Seven voting members who are elected by the Commission from the
current membership of the Commission; and

b. Up to four (4) ex-officio, nonvoting members from four (4) recognized
national professional counselor organizations, selected by their respective
organizations.

3. The Commission may remove any member of the Executive Committee as
provided in bylaws.

4. The Executive Committee shall meet at least annually.

5. The Executive Committee shall have the following duties and
responsibilities:

a. Recommend to the entire Commission changes to the Rules or bylaws,
changes to this Compact legislation, fees paid by Compact Member States such as
annual dues, and any Commission Compact fee charged to Licensees for the
Privilege to Practice;

b. Ensure Compact administration services are appropriately provided,
contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the Commission;

e. Monitor Compact compliance of Member States and provide compliance
reports to the Commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in Rules or bylaws.

E. Meetings of the Commission

1. All meetings shall be open to the public, and public notice of meetings
shall be given in the same manner as required under the Rulemaking provisions in
Section 11.

2. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting if the Commission or
Executive Committee or other committees of the Commission must discuss:

a. Non-compliance of a Member State with its obligations under the
Compact;

b. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the
Commission's internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law enforcement
purposes;

i. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use of the Commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant to
the Compact; or

j. Matters specifically exempted from disclosure by federal or Member State
statute.

3. If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.

4. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a description of the views
expressed. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the Commission or order
of a court of competent jurisdiction.

F. Financing of the Commission

1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each
Member State or impose fees on other parties to cover the cost of the operations
and activities of the Commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment amount shall be
allocated based upon a formula to be determined by the Commission, which shall
promulgate a Rule binding upon all Member States.

4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit
of any of the Member States, except by and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject
to the audit and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Commission shall be audited
yearly by a certified or licensed public accountant, and the report of the audit shall
be included in and become part of the annual report of the Commission.

G. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees, and representatives
of the Commission shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of property or personal
injury or other civil liability caused by or arising out of any actual or alleged act,
error, or omission that occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit or liability for any damage,
loss, injury, or liability caused by the intentional or willful or wanton misconduct of
that person.

2. The Commission shall defend any member, officer, executive director,
employee, or representative of the Commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that occurred
within the scope of Commission employment, duties, or responsibilities, or that the
person against whom the claim is made had a reasonable basis for believing
occurred within the scope of Commission employment, duties, or responsibilities;
provided that nothing herein shall be construed to prohibit that person from
retaining his or her own counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's intentional or willful or
wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the Commission for the amount
of any settlement or judgment obtained against that person arising out of any
actual or alleged act, error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or willful or wanton misconduct
of that person.

SECTION 10.

DATA SYSTEM

A. The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated database and reporting system
containing licensure, Adverse Action, and Investigative Information on all licensed
individuals in Member States.

B. Notwithstanding any other provision of State law to the contrary, a
Member State shall submit a uniform data set to the Data System on all individuals
to whom this Compact is applicable as required by the Rules of the Commission,
including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a license or Privilege to Practice;

4. Non-confidential information related to Alternative Program participation;

5. Any denial of application for licensure, and the reason(s) for such denial;

6. Current Significant Investigative Information; and

7. Other information that may facilitate the administration of this Compact,
as determined by the Rules of the Commission.

C. Investigative Information pertaining to a Licensee in any Member State
will only be available to other Member States.

D. The Commission shall promptly notify all Member States of any Adverse
Action taken against a Licensee or an individual applying for a license. Adverse
Action information pertaining to a Licensee in any Member State will be available to
any other Member State.

E. Member States contributing information to the Data System may
designate information that may not be shared with the public without the express
permission of the contributing State.

F. Any information submitted to the Data System that is subsequently
required to be expunged by the laws of the Member State contributing the
information shall be removed from the Data System.

SECTION 11.

RULEMAKING

A. The Commission shall promulgate reasonable Rules in order to effectively
and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing,
in the event the Commission exercises its Rulemaking authority in a manner that is
beyond the scope of the purposes of the Compact, or the powers granted
hereunder, then such an action by the Commission shall be invalid and have no
force or effect.

B. The Commission shall exercise its Rule-making powers pursuant to the
criteria set forth in this Section and the Rules adopted thereunder. Rules and
amendments shall become binding as of the date specified in each Rule or
amendment.

C. If a majority of the legislatures of the Member States rejects a Rule, by
enactment of a statute or resolution in the same manner used to adopt the Compact
within four (4) years of the date of adoption of the Rule, then such Rule shall have
no further force and effect in any Member State.

D. Rules or amendments to the Rules shall be adopted at a regular or special
meeting of the Commission.

E. Prior to promulgation and adoption of a final Rule or Rules by the
Commission, and at least thirty (30) days in advance of the meeting at which the
Rule will be considered and voted upon, the Commission shall file a Notice of
Proposed Rule-making:

1. On the website of the Commission or other publicly accessible platform;
and

2. On the website of each Member State Professional Counseling Licensing
Board or other publicly accessible platform or the publication in which each State
would otherwise publish proposed Rules.

F. The Notice of Proposed Rule-making shall include:

1. The proposed time, date, and location of the meeting in which the Rule will
be considered and voted upon;

2. The text of the proposed Rule or amendment and the reason for the
proposed Rule;

3. A request for comments on the proposed Rule from any interested person;
and

4. The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any written
comments.

G. Prior to adoption of a proposed Rule, the Commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made
available to the public.

H. The Commission shall grant an opportunity for a public hearing before it
adopts a Rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons;

2. A State or federal governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

I. If a hearing is held on the proposed Rule or amendment, the Commission
shall publish the place, time, and date of the scheduled public hearing. If the
hearing is held via electronic means, the Commission shall publish the mechanism
for access to the electronic hearing.

1. All persons wishing to be heard at the hearing shall notify the executive
director of the Commission or other designated member in writing of their desire to
appear and testify at the hearing not less than five (5) business days before the
scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in
writing.

3. All hearings will be recorded. A copy of the recording will be made
available on request.

4. Nothing in this section shall be construed as requiring a separate hearing
on each Rule. Rules may be grouped for the convenience of the Commission at
hearings required by this section.

J. Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall consider
all written and oral comments received.

K. If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the proposed
Rule without a public hearing.

L. The Commission shall, by majority vote of all members, take final action on
the proposed Rule and shall determine the effective date of the Rule, if any, based
on the Rule-making record and the full text of the Rule.

M. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule without prior notice, opportunity for
comment, or hearing, provided that the usual Rule-making procedures provided in
the Compact and in this section shall be retroactively applied to the Rule as soon as
reasonably possible, in no event later than ninety (90) days after the effective date
of the Rule. For the purposes of this provision, an emergency Rule is one that must
be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of an administrative Rule that is
established by federal law or Rule; or

4. Protect public health and safety.

N. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Rule or amendment for purposes of
correcting typographical errors, errors in format, errors in consistency, or
grammatical errors. Public notice of any revisions shall be posted on the website of
the Commission. The revision shall be subject to challenge by any person for a
period of thirty (30) days after posting. The revision may be challenged only on
grounds that the revision results in a material change to a Rule. A challenge shall
be made in writing and delivered to the executive director of the Commission prior
to the end of the notice period. If no challenge is made, the revision will take effect
without further action. If the revision is challenged, the revision may not take effect
without the approval of the Commission.

SECTION 12.

OVERSIGHT, DISPUTE RESOLUTION,

AND ENFORCEMENT

A. Oversight

1. The executive, legislative, and judicial branches of State government in
each Member State shall enforce this Compact and take all actions necessary and
appropriate to effectuate the Compact's purposes and intent. The provisions of this
Compact and the Rules promulgated hereunder shall have standing as statutory
law.

2. All courts shall take judicial notice of the Compact and the Rules in any
judicial or administrative proceeding in a Member State pertaining to the subject
matter of this Compact which may affect the powers, responsibilities, or actions of
the Commission.

3. The Commission shall be entitled to receive service of process in any such
proceeding and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the Commission shall render a
judgment or order void as to the Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has defaulted in the
performance of its obligations or responsibilities under this Compact or the
promulgated Rules, the Commission shall:

a. Provide written notice to the defaulting State and other Member States of
the nature of the default, the proposed means of curing the default, and any other
action to be taken by the Commission; and

b. Provide remedial training and specific technical assistance regarding the
default.

C. If a State in default fails to cure the default, the defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of the Member
States, and all rights, privileges and benefits conferred by this Compact may be
terminated on the effective date of termination. A cure of the default does not
relieve the offending State of obligations or liabilities incurred during the period of
default.

D. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the governor, the
majority and minority leaders of the defaulting State's legislature, and each of the
Member States.

E. A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination.

F. The Commission shall not bear any costs related to a State that is found to
be in default or that has been terminated from the Compact, unless agreed upon in
writing between the Commission and the defaulting State.

G. The defaulting State may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or the federal district
where the Commission has its principal offices. The prevailing member shall be
awarded all costs of such litigation, including reasonable attorney's fees.

H. Dispute Resolution

1. Upon request by a Member State, the Commission shall attempt to resolve
disputes related to the Compact that arise among Member States and between
member and non-Member States.

2. The Commission shall promulgate a Rule providing for both mediation and
binding dispute resolution for disputes as appropriate.

I. Enforcement

1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and Rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United
States District Court for the District of Columbia or the federal district where the
Commission has its principal offices against a Member State in default to enforce
compliance with the provisions of the Compact and its promulgated Rules and
bylaws. The relief sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing member shall be awarded all
costs of such litigation, including reasonable attorney's fees.

3. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under
federal or State law.

SECTION 13.

DATE OF IMPLEMENTATION OF THE COUNSELING

COMPACT COMMISSION AND ASSOCIATED RULES,

WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the tenth Member State. The provisions, which
become effective at that time, shall be limited to the powers granted to the
Commission relating to assembly and the promulgation of Rules. Thereafter, the
Commission shall meet and exercise Rulemaking powers necessary to the
implementation and administration of the Compact.

B. Any State that joins the Compact subsequent to the Commission's initial
adoption of the Rules shall be subject to the Rules as they exist on the date on
which the Compact becomes law in that State. Any Rule that has been previously
adopted by the Commission shall have the full force and effect of law on the day
the Compact becomes law in that State.

C. Any Member State may withdraw from this Compact by enacting a statute
repealing the same.

1. A Member State's withdrawal shall not take effect until six (6) months
after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing
State's Professional Counseling Licensing Board to comply with the investigative
and Adverse Action reporting requirements of this Compact prior to the effective
date of withdrawal.

D. Nothing contained in this Compact shall be construed to invalidate or
prevent any Professional Counseling licensure agreement or other cooperative
arrangement between a Member State and a non-Member State that does not
conflict with the provisions of this Compact.

E. This Compact may be amended by the Member States. No amendment to
this Compact shall become effective and binding upon any Member State until it is
enacted into the laws of all Member States.

SECTION 14.

CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this Compact shall be severable and if any phrase, clause,
sentence, or provision of this Compact is declared to be contrary to the constitution
of any Member State or of the United States or the applicability thereof to any
government, agency, person, or circumstance is held invalid, the validity of the
remainder of this Compact and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this Compact shall be held
contrary to the constitution of any Member State, the Compact shall remain in full
force and effect as to the remaining Member States and in full force and effect as
to the Member State affected as to all severable matters.

SECTION 15.

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. A Licensee providing Professional Counseling services in a Remote State
under the Privilege to Practice shall adhere to the laws and regulations, including
scope of practice, of the Remote State.

B. Nothing herein prevents the enforcement of any other law of a Member
State that is not inconsistent with the Compact.

C. Any laws in a Member State in conflict with the Compact are superseded
to the extent of the conflict.

D. Any lawful actions of the Commission, including all Rules and bylaws
properly promulgated by the Commission, are binding upon the Member States.

E. All permissible agreements between the Commission and the Member
States are binding in accordance with their terms.

F. In the event any provision of the Compact exceeds the constitutional limits
imposed on the legislature of any Member State, the provision shall be ineffective
to the extent of the conflict with the constitutional provision in question in that
Member State.

Legislative History

Source: L. 2022: Entire part added, (SB 22-077), ch. 468, p. 3323, � 1, effective (see editor's note following 24-60-4304).