§ 147H.1 — Professional counselors licensure compact

Iowa § 147H.1

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 147H: PROFESSIONAL COUNSELORS LICENSURE COMPACT

Text

1. Purpose. The purpose of this compact is to facilitate the interstate practice of licensed
professional counselors with the goal of improving public access to professional counseling
services. Thepracticeofprofessionalcounselingoccursinthestatewheretheclientislocated
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.
j. Provide opportunities for interstate practice by licensed professional counselors who
meet uniform licensure requirements.
2. Definitions. As used in this compact, and except as otherwise provided:
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 reserves on active duty orders
pursuant to 10 U.S.C. ch. 1209 and 10 U.S.C. ch. 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 nondisciplinary monitoring or practice remediation
process approved by a professional counseling licensing board to address impaired
practitioners.
d. “Continuing competence” or “continuing 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 all of the following:
(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.
§147H.1, PROFESSIONAL COUNSELORS LICENSURE COMPACT 2
(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.
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 the
individual’s 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. “Professionalcounseling”meanstheassessment,diagnosis,andtreatmentofbehavioral
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 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.
3. State participation in the compact.
a. To participate in the compact, a state must currently do all of the following:
(1) License and regulate licensed professional counselors.
(2) Require a licensee to pass a nationally recognized exam approved by the commission.
(3) Require a licensee to have a sixty semester-hour or ninety quarter-hour master’s
degree in counseling or sixty semester-hours or ninety quarter-hours of graduate course
work including the following topic areas:
(a) Professional counseling orientation and ethical practice.
3 PROFESSIONAL COUNSELORS LICENSURE COMPACT, §147H.1
(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, treatment, assessment, and testing.
(h) Research and program evaluation.
(i) Other areas as determined by the commission.
(4) Require a licensee to complete a supervised postgraduate professional experience as
defined by the commission.
(5) Haveamechanisminplaceforreceivingandinvestigatingcomplaintsaboutlicensees.
b. A member state shall do all of the following:
(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
regardingtheverificationofeligibilityforlicensurethroughthecompactshallnotincludeany
information received from the federal bureau of investigation relating to a federal criminal
records check performed by a member state under Pub. L. No. 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.
(7) Provide for the attendance of the state’s commissioner at commission meetings.
c. A member state may charge a fee for granting the privilege to practice.
d. An individual 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.
4. Privilege to practice.
a. To exercise the privilege to practice under the terms of the compact, the licensee shall
do all of the following:
(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
paragraphs “d”, “g”, and “h”.
(4) Have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years from the date of application.
§147H.1, PROFESSIONAL COUNSELORS LICENSURE COMPACT 4
(5) Notify the commission that the licensee is seeking the privilege to practice within a
remote state.
(6) Pay any applicable fees, including any state fee, for the privilege to practice.
(7) Meet any continuing competence or continuing education requirements established
by the home state.
(8) Meet any jurisprudence requirements established by the remote state in which the
licensee is seeking a privilege to practice.
(9) Report to the commission any adverse action, encumbrance, or restriction on any
license taken by any nonmember state within thirty 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 paragraph “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 all of the following occur:
(1) The home state license is no longer encumbered.
(2) The licensee has not had any encumbrance or restriction against any license or
privilege to practice within the previous two years.
f. Once an encumbered license in the home state is restored to good standing, the licensee
must meet the requirements of paragraph “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 all of 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.
(3) The licensee has not had any encumbrance or restriction against any license or
privilege to practice within the previous two years.
h. Once the requirements of paragraph “g” have been met, the licensee must meet the
requirements of paragraph “a” to obtain a privilege to practice in a remote state.
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 subsection 4 via the data system, without need for
primary source verification except for the following:
(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 Pub. L. No. 92-544.
(b) Other criminal background checks as required by the new home state.
(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.
5 PROFESSIONAL COUNSELORS LICENSURE COMPACT, §147H.1
(4) Notwithstanding any other provision of this compact, if the licensed professional
counselor cannot meet the criteria in subsection 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 nonmember state, or from a nonmember 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.
6. Active duty military personnel or their spouses. Active duty military personnel or their
spouses 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 subsection 5.
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 subsection 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.
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 do all of the following:
(1) Take adverse action against a licensed professional counselor’s privilege to practice
within that member state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and
testimonyofwitnessesaswellastheproductionofevidence. Subpoenasissuedbyalicensing
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 are 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 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,providedthatthememberstatefollowsitsownproceduresfortakingtheadverseaction.
§147H.1, PROFESSIONAL COUNSELORS LICENSURE COMPACT 6
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. Ifadverseactionistakenbythehomestateagainstthelicenseofalicensedprofessional
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.
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 delegate selected by that member
state’s licensing board.
(2) The delegate shall be one of the following:
(a) A current member of the licensing board at the time of appointment who is a licensed
professional counselor or public member.
(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 sixty days of a vacancy.
(5) Each delegate shall be entitled to one 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,
7 PROFESSIONAL COUNSELORS LICENSURE COMPACT, §147H.1
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 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.
(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 members:
(a) Seven voting members who are elected by the commission from the current
membership of the commission.
(b) Up to four ex officio, nonvoting members from four recognized national professional
counselor organizations.
(c) The ex officio, nonvoting members shall be 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.
(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 subsection 11.
(2) The commission or the executive committee or other committees of the commission
§147H.1, PROFESSIONAL COUNSELORS LICENSURE COMPACT 8
may convene in a closed, nonpublic meeting if the commission or executive committee or
other committees of the commission must discuss any of the following:
(a) Noncompliance 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.
(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 paragraph “e”, 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 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
commissionanditsstaff, whichmustbeinatotalamountsufficienttocoveritsannualbudget
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 “g” shall be construed to protect any such person from suit
9 PROFESSIONAL COUNSELORS LICENSURE COMPACT, §147H.1
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 the person’s own counsel; and provided further, that the actual or
allegedact,error,oromissiondidnotresultfromthatperson’sintentionalorwillfulorwanton
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, willful, or wanton
misconduct of that person.
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 all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or privilege to practice.
(4) Nonconfidential information related to alternative program participation.
(5) Any denial of application for licensure, and the reason for such denial.
(6) Current significant investigative information.
(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.
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 rulemaking powers pursuant to the criteria set forth
in this subsection 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 years of
§147H.1, PROFESSIONAL COUNSELORS LICENSURE COMPACT 10
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 by the commission, and at least thirty
days in advance of the meeting at which the rule will be considered and voted upon, the
commission shall file a notice of proposed rulemaking in all of the following places:
(1) On the internet site of the commission or other publicly accessible platform.
(2) On the internet site 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 rulemaking shall include all of the following:
(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.
(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 any of the following:
(1) At least twenty-five persons.
(2) A state or federal governmental subdivision or agency.
(3) An association having at least twenty-five 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 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 shall be recorded. A copy of the recording shall be made available on
request.
(4) Nothing in this paragraph “h” 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 subsection.
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. Thecommissionshall, bymajorityvoteofallmembers, takefinalactionontheproposed
rule and shall determine the effective date of the rule, if any, based on the rulemaking record
and the full text of the rule.
m. Upondeterminationthatanemergencyexists,thecommissionmayconsiderandadopt
an emergency rule without prior notice, opportunity for comment, or hearing, provided that
the usual rulemaking procedures provided in the compact and in this subsection shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
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 do any of the following:
(1) Meet an imminent threat to public health, safety, or welfare.
(2) Prevent a loss of commission or member state funds.
11 PROFESSIONAL COUNSELORS LICENSURE COMPACT, §147H.1
(3) Meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule.
(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 internet site of the commission. The revision shall be subject to
challenge by any person for a period of thirty 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 chair of the commission prior to
the end of the notice period. If no challenge is made, the revision shall take effect without
further action. If the revision is challenged, the revision shall not take effect without the
approval of the commission.
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 the promulgated rules.
b. Default, technical assistance, and termination.
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 do all of the following:
(1) Provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default, or any other action to be taken by
the commission.
(2) 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
ofsecuringcompliancehavebeenexhausted. Noticeofintenttosuspendorterminateshallbe
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
liabilitiesincurredthroughtheeffectivedateoftermination, includingobligationsthatextend
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 United
States 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 fees.
h. Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes
§147H.1, PROFESSIONAL COUNSELORS LICENSURE COMPACT 12
relatedtothecompactthatariseamongmemberstatesandbetweenmemberandnonmember
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
courtfortheDistrictofColumbiaorthefederaldistrictwherethecommissionhasitsprincipal
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 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.
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
belimitedtothepowersgrantedtothecommissionrelatingtoassemblyandthepromulgation
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 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 nonmember 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.
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.
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.
13 PROFESSIONAL COUNSELORS LICENSURE COMPACT, §147H.1
c. All laws in a member state in conflict with the compact are superseded to the extent of
the conflict.
d. All lawful actions of the commission, including all rules and bylaws properly
promulgated by the commission, are binding upon the member states.
e. Allpermissibleagreementsbetweenthecommissionandthememberstatesarebinding
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.