§ 33-38-202 — Interstate compact for licensed professional counselors

The Interstate Compact for Licensed Professional Counselors as
contained herein is hereby enacted into law and entered into on
behalf of this state with any and all other states legally
joining therein in a form substantially as follows:
SECTION 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. 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, and/or completion of, educational and
professional activities relevant to a 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
and examination, licensure, investigative, Privilege to Practice
and Adverse Action information;
H. "Encumbered License" means a license upon which an Adverse
Action restricts the practice of licensed Professional
Counseling by the Licensee and which 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(s) that may impair their 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;
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 Member 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;
h. Assessment and testing;
i. Research and program evaluation; and
j. 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 results of Federal Bureau of Investigation record
searches 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 at
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 the licensee's 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 and/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 a 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 are
located;
3. Have the power to take Adverse Action against a Licensed
Professional Counselor's license if the license is 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 an investigation. 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 sixty (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
and/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 (7) 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;
c. The ex-officio members will 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; 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 and/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 provisions 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 Rulemaking 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 Rulemaking:
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 Rulemaking 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 will be 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 Rulemaking
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
Rulemaking 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 chair 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/or 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 act 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.