§ 37:1132 — Definitions

§1132. Definitions
As used in this compact, and except as otherwise provided, the following definitions
shall apply:
(1) "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.
(2) "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.
(3) "Alternative program" means a nondisciplinary monitoring or practice
remediation process approved by a professional counseling licensing board to address
impaired practitioners.
(4) "Continuing competence" or "continuing education" means a requirement, as a
condition of license renewal, to provide evidence of completion of educational and
professional activities relevant to practice or area of work.
(5) "Counseling Compact Commission" or "commission" means the national
administrative body whose membership consists of all states that have enacted the compact.
(6) "Criminal history background check" means all state records of arrest,
prosecution, and conviction, including those which have been expunged or dismissed
pursuant to Code of Criminal Procedure Article 893 or 894, as well as national records which
shall include fingerprints of the applicant, biometrics, and other identifying information, if
so requested by the licensing board.
(7) "Current significant investigative information" means either of the following:
(a) 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.
(b) 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.
(8) "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.
(9) "Encumbered license" means a license in which an adverse action restricts the
practice of licensed professional counseling by the licensee and the adverse action has been
reported to the National Practitioners Data Bank (NPDB).
(10) "Encumbrance" means a revocation or suspension of, or any limitation on, the
full and unrestricted practice of licensed professional counseling by a licensing board.
(11) "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.
(12) "Home state" means the member state that is the licensee's primary state of
residence.
(13) "Impaired practitioner" means an individual who has a condition(s) that may
impair his ability to practice as a licensed professional counselor without some type of
intervention and may include but are not limited to alcohol and drug dependence, mental
health impairment, and neurological or physical impairments.
(14) "Investigative information" means information, records, and documents received
or generated by a professional counseling licensing board pursuant to an investigation.
(15) "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.
(16) "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.
(17) "Licensee" means an individual who currently holds an authorization from the
state to practice as a licensed professional counselor.
(18) "Licensing board" means the agency of a state, or equivalent, that is responsible
for the licensing and regulation of licensed professional counselors.
(19) "Member state" means a state that has enacted the compact.
(20) "Privilege to practice" means a legal authorization, which is equivalent to a
license, permitting the practice of professional counseling in a remote state.
(21) "Professional counseling" means the assessment, diagnosis, and treatment of
behavioral health conditions by a licensed professional counselor.
(22) "Remote state" means a member state other than the home state where a licensee
is exercising or seeking to exercise the privilege to practice.
(23) "Rule" means a regulation promulgated by the commission that has the force
of law.
(24) "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.
(25) "State" means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of professional counseling.
(26) "Telehealth" means the application of telecommunication technology to deliver
professional counseling services remotely to assess, diagnose, and treat behavioral health
conditions.
(27) "Unencumbered license" means a license that authorizes a licensed professional
counselor to engage in the full and unrestricted practice of professional counseling.

Legislative History

Acts 2022, No. 341, §1.