Stricken language would be deleted from and underlined language would be added to present law.
Act 260 of the Regular Session
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State of Arkansas As Engrossed: H2/13/23 S3/2/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1181 3
4
By: Representative Haak 5
By: Senator J. Boyd 6
7
For An Act To Be Entitled 8
AN ACT TO ESTABLISH THE COUNSELING COMPA CT IN 9
ARKANSAS; AND FOR OT HER PURPOSES. 10
11
12
Subtitle 13
TO ESTABLISH THE COUNSELING COMPACT IN 14
ARKANSAS. 15
16
17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
19
SECTION 1. Arkansas Code Title 17, Chapter 27, is amended to add an 20
additional subchapter to read as follows: 21
Subchapter 5 - Counseling Compact 22
23
17-27-501. Text of compact. 24
The Counseling Compact is enacted into law and entered into by th is 25
state with all states legally joining therein and in the form substantially 26
as follows: 27
28
Counseling Compact 29
30
SECTION 1: PURPOSE 31
The purpose of this Compact is to facilitate interstate practice of Licensed 32
Professional Counselors with the goal of improv ing public access to 33
Professional Counseling services. The practice of Professional Counseling 34
occurs in the State where the client is located at the time of the counseling 35
services. The Compact preserves the regulatory authority of States to protect 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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public health and safety through the current system of State licensure. 1
This Compact is designed to achieve the following objectives: 2
A. Increase public access to Professional Counseling services by providing 3
for the mutual recognition of other Member State l icenses; 4
B. Enhance the States’ ability to protect the public’s health and safety; 5
C. Encourage the cooperation of Member States in regulating multistate 6
practice for Licensed Professional Counselors; 7
D. Support spouses of relocating Active Duty Militar y personnel; 8
E. Enhance the exchange of licensure, investigative, and disciplinary 9
information among Member States; 10
F. Allow for the use of Telehealth technology to facilitate increased access 11
to Professional Counseling services; 12
G. Support the uniformi ty of Professional Counseling licensure requirements 13
throughout the States to promote public safety and public health benefits; 14
H. Invest all Member States with the authority to hold a Licensed 15
Professional Counselor accountable for meeting all State prac tice laws in the 16
State in which the client is located at the time care is rendered through the 17
mutual recognition of Member State licenses; 18
I. Eliminate the necessity for licenses in multiple States; and 19
J. Provide opportunities for interstate practice b y Licensed Professional 20
Counselors who meet uniform licensure requirements. 21
22
SECTION 2. DEFINITIONS 23
As used in this Compact, and except as otherwise provided, the following 24
definitions shall apply: 25
A. “Active Duty Military” means full -time duty status in the active 26
uniformed service of the United States, including members of the National 27
Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 28
and 1211. 29
B. “Adverse Action” means any administrative, civil, equitable or criminal 30
action permitted by a State’s laws which is imposed by a licensing board or 31
other authority against a Licensed Professional Counselor, including actions 32
against an individual’s license or Privilege to Practice such as revocation, 33
suspension, probation, monitoring of the licensee, limitation on the 34
licensee’s practice, or any other Encumbrance on licensure affecting a 35
Licensed Professional Counselor’s authorization to practice, including 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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issuance of a cease and desist action. 1
C. “Alternative Program” means a non -disciplinary monitoring or practice 2
remediation process approved by a Professional Counseling Licensing Board to 3
address Impaired Practitioners. 4
D. “Continuing Competence/Education” means a requirement, as a condition of 5
license renewal, to provide evidence of participation in, and/or completion 6
of, educational and professional activities relevant to practice or area of 7
work. 8
E. “Counseling Compact Commission” or “Commission” means the national 9
administrative body whose membership consists of all States tha t have enacted 10
the Compact. 11
F. “Current Significant Investigative Information” means: 12
1. Investigative Information that a Licensing Board, after a 13
preliminary inquiry that includes notification and an opportunity for the 14
Licensed Professional Counselor to respond, if required by State law, has 15
reason to believe is not groundless and, if proved true, would indicate more 16
than a minor infraction; or 17
2. Investigative Information that indicates that the Licensed 18
Professional Counselor represents an immedi ate threat to public health and 19
safety regardless of whether the Licensed Professional Counselor has been 20
notified and had an opportunity to respond. 21
G. “Data System” means a repository of information about Licensees, 22
including, but not limited to, contin uing education, examination, licensure, 23
investigative, Privilege to Practice and Adverse Action information. 24
H. “Encumbered License” means a license in which an Adverse Action restricts 25
the practice of licensed Professional Counseling by the Licensee and said 26
Adverse Action has been reported to the National Practitioners Data Bank 27
(NPDB). 28
I. “Encumbrance” means a revocation or suspension of, or any limitation on, 29
the full and unrestricted practice of Licensed Professional Counseling by a 30
Licensing Board. 31
J. “Executive Committee” means a group of directors elected or appointed to 32
act on behalf of, and within the powers granted to them by, the Commission. 33
K. “Home State” means the Member State that is the Licensee’s primary State 34
of residence. 35
L. “Impaired Practitioner” means an individual who has a condition(s) that 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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may impair their ability to practice as a Licensed Professional Counselor 1
without some type of intervention and may include, but are not limited to, 2
alcohol and drug dependence, mental health impairment, and neurological or 3
physical impairments. 4
M. “Investigative Information” means information, records, and documents 5
received or generated by a Professional Counseling Licensing Board pursuant 6
to an investigation. 7
N. “Jurisprudence Requirement” if required by a Member State, means the 8
assessment of an individual’s knowledge of the laws and Rules governing the 9
practice of Professional Counseling in a State. 10
O. “Licensed Professional Counselor” means a counselor licensed by a Member 11
State, regardless of the title used by that State, to independently assess, 12
diagnose, and treat behavioral health conditions. 13
P. “Licensee” means an individual who currently holds an authorization from 14
the State to practice as a Licensed Professional Counselor. 15
Q. “Licensing Board” means the agency of a State, or equivalent, that is 16
responsible for the licensing and regulation of Licensed Professional 17
Counselors. 18
R. “Member State” means a State that has enacted the Compact. 19
S. “Privilege to Practice” means a legal a uthorization, which is equivalent 20
to a license, permitting the practice of Professional Counseling in a Remote 21
State. 22
T. “Professional Counseling” means the assessment, diagnosis, and treatment 23
of behavioral health conditions by a Licensed Professional Co unselor. 24
U. “Remote State” means a Member State other than the Home State, where a 25
Licensee is exercising or seeking to exercise the Privilege to Practice. 26
V. “Rule” means a regulation promulgated by the Commission that has the 27
force of law. 28
W. “Single State License” means a Licensed Professional Counselor license 29
issued by a Member State that authorizes practice only within the issuing 30
State and does not include a Privilege to Practice in any other Member State. 31
X. “State” means any state, commonwealth , district, or territory of the 32
United States of America that regulates the practice of Professional 33
Counseling. 34
Y. “Telehealth” means the application of telecommunication technology to 35
deliver Professional Counseling services remotely to assess, diagnose, and 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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treat behavioral health conditions. 1
Z. “Unencumbered License” means a license that authorizes a Licensed 2
Professional Counselor to engage in the full and unrestricted practice of 3
Professional Counseling. 4
5
SECTION 3. STATE PARTICIPATION IN THE COMPACT 6
A. To Participate in the Compact, a State must currently: 7
1. License and regulate Licensed Professional Co unselors; 8
2. Require Licensees to pass a nationally recognized exam 9
approved by the Commission; 10
3. Require Licensees to have a 60 semester -hour (or 90 quarter-11
hour) master’s degree in counseling or 60 semester -hours (or 90 quarter -12
hours) of graduate course work including the following topic areas: 13
a. Professional Counseling Orientation and Ethical 14
Practice; 15
b. Social and Cultural Diversity; 16
c. Human Growth and Development; 17
d. Career Development; 18
e. Counseling and Helping Relationsh ips; 19
f. Group Counseling and Group Work; 20
g. Diagnosis and Treatment; Assessment and Testing; 21
h. Research and Program Evaluation; and 22
i. Other areas as determined by the Commission. 23
4. Require Licensees to complete a supervised postgradua te 24
professional experience as defined by the Commission; 25
5. Have a mechanism in place for receiving and investigating 26
complaints about Licensees. 27
B. A Member State shall: 28
1. Participate fully in the Commission’s Data System, including 29
using the Commission’s unique identifier as defined in Rules; 30
2. Notify the Commission, in compliance with the terms of the 31
Compact and Rules, of any Adverse Action or the availability of Investigative 32
Information regarding a Licensee; 33
3. Implement or utilize proc edures for considering the criminal 34
history records of applicants for an initial Privilege to Practice. These 35
procedures shall include the submission of fingerprints or other biometric -36 As Engrossed: H2/13/23 S3/2/23 HB1181
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based information by applicants for the purpose of obtaining an applica nt’s 1
criminal history record information from the Federal Bureau of Investigation 2
and the agency responsible for retaining that State’s criminal records; 3
a. A member state must fully implement a criminal 4
background check requirement, within a time fram e established by rule, by 5
receiving the results of the Federal Bureau of Investigation record search 6
and shall use the results in making licensure decisions. 7
b. Communication between a Member State, the Commission 8
and among Member States regarding the verification of eligibility for 9
licensure through the Compact shall not include any information received from 10
the Federal Bureau of Investigation relating to a federal criminal records 11
check performed by a Member State under Public Law 92 -544. 12
4. Comply with the Rules of the Commission; 13
5. Require an applicant to obtain or retain a license in the 14
Home State and meet the Home State’s qualifications for licensure or renewal 15
of licensure, as well as all other applicable State laws; 16
6. Grant the Privil ege to Practice to a Licensee holding a valid 17
Unencumbered License in another Member State in accordance with the terms of 18
the Compact and Rules; and 19
7. Provide for the attendance of the State’s commissioner to the 20
Counseling Compact Commission meetings . 21
C. Member States may charge a fee for granting the Privilege to Practice. 22
D. Individuals not residing in a Member State shall continue to be able to 23
apply for a Member State’s Single State License as provided under the laws of 24
each Member State. However, the Single State License granted to these 25
individuals shall not be recognized as granting a Privilege to Practice 26
Professional Counseling in any other Member State. 27
E. Nothing in this Compact shall affect the requirements established by a 28
Member State for the issuance of a Single State License. 29
F. A license issued to a Licensed Professional Counselor by a Home State to 30
a resident in that State shall be recognized by each Member State as 31
authorizing a Licensed Professional Counselor to practice Pr ofessional 32
Counseling, under a Privilege to Practice, in each Member State. 33
34
SECTION 4. PRIVILEGE TO PRACTICE 35
A. To exercise the Privilege to Practice under the terms and provisions of 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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the Compact, the Licensee shall: 1
1. Hold a license in the Home Sta te; 2
2. Have a valid United States Social Security Number or National 3
Practitioner Identifier; 4
3. Be eligible for a Privilege to Practice in any Member State 5
in accordance with Section 4(D), (G) and (H); 6
4. Have not had any Encumbrance or restricti on against any 7
license or Privilege to Practice within the previous two (2) years; 8
5. Notify the Commission that the Licensee is seeking the 9
Privilege to Practice within a Remote State(s); 10
6. Pay any applicable fees, including any State fee, for the 11
Privilege to Practice; 12
7. Meet any Continuing Competence/Education requirements 13
established by the Home State; 14
8. Meet any Jurisprudence Requirements established by the Remote 15
State(s) in which the Licensee is seeking a Privilege to Practice; and 16
9. Report to the Commission any Adverse Action, Encumbrance, or 17
restriction on license taken by any non -Member State within 30 days from the 18
date the action is taken. 19
B. The Privilege to Practice is valid until the expiration date of the Home 20
State license. The Licensee must comply with the requirements of Section 4(A) 21
to maintain the Privilege to Practice in the Remote State. 22
C. A Licensee providing Professional Counseling in a Remote State under the 23
Privilege to Practice shall adhere to the laws and reg ulations of the Remote 24
State. 25
D. A Licensee providing Professional Counseling services in a Remote State 26
is subject to that State’s regulatory authority. A Remote State may, in 27
accordance with due process and that State’s laws, remove a Licensee’s 28
Privilege to Practice in the Remote State for a specific period of time, 29
impose fines, and/or take any other necessary actions to protect the health 30
and safety of its citizens. The Licensee may be ineligible for a Privilege to 31
Practice in any Member State until t he specific time for removal has passed 32
and all fines are paid. 33
E. If a Home State license is encumbered, the Licensee shall lose the 34
Privilege to Practice in any Remote State until the following occur: 35
1. The Home State license is no longer encumbered ; and 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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2. Have not had any Encumbrance or restriction against any 1
license or Privilege to Practice within the previous two (2) years. 2
F. Once an Encumbered License in the Home State is restored to good 3
standing, the Licensee must meet the requirements of Section 4(A) to obtain a 4
Privilege to Practice in any Remote State. 5
G. If a Licensee’s Privilege to Practice in any Remote State is removed, the 6
individual may lose the Privilege to Practice in all other Remote States 7
until the following occur: 8
1. The specific period of time for which the Privilege to 9
Practice was removed has ended; 10
2. All fines have been paid; and 11
3. Have not had any Encumbrance or restriction against any 12
license or Privilege to Practice within the previous two (2) years. 13
H. Once the requirements of Section 4(G) have been met, the Licensee must 14
meet the requirements in Section 4(A) to obtain a Privilege to Practice in a 15
Remote State. 16
17
SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO 18
PRACTICE 19
A. A Licensed Professional Counselor may hold a Home State license, which 20
allows for a Privilege to Practice in other Member States, in only one Member 21
State at a time. 22
B. If a Licensed Professional Counselor changes primary State of residence 23
by moving between two Member States: 24
1. The Licensed Professional Counselor shall file an application 25
for obtaining a new Home State license based on a Privilege to Practice, pay 26
all applicable fees, and notify the current and new Home State in accordance 27
with applicable Rules adopted by the Commission. 28
2. Upon receipt of an application for obtaining a new Home State 29
license by virtue of a Privilege to Practice, the new Home State shall verify 30
that the Licensed Professional Counselor meets the pertinent criteria 31
outlined in Section 4 via the Data System, without need for primary source 32
verification except for: 33
a. a Federal Bureau of Investigation fingerprint based 34
criminal background check if not previously performed or updated pursuant to 35
applicable rules adopted by the Commission in accordance with Public Law 92 -36 As Engrossed: H2/13/23 S3/2/23 HB1181
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544; 1
b. other criminal background check as required by the new 2
Home State; and 3
c. completion of any requisite Jurisprudence Requirements 4
of the new Home State. 5
3. The former Home State shall co nvert the former Home State 6
license into a Privilege to Practice once the new Home State has activated 7
the new Home State license in accordance with applicable Rules adopted by the 8
Commission. 9
4. Notwithstanding any other provision of this Compact, if t he 10
Licensed Professional Counselor cannot meet the criteria in Section 4, the 11
new Home State may apply its requirements for issuing a new Single State 12
License. 13
5. The Licensed Professional Counselor shall pay all applicable 14
fees to the new Home State in order to be issued a new Home State license. 15
C. If a Licensed Professional Counselor changes Primary State of Residence 16
by moving from a Member State to a non -Member State, or from a non -Member 17
State to a Member State, the State criteria shall apply for issuance of a 18
Single State License in the new State. 19
D. Nothing in this Compact shall interfere with a Licensee’s ability to hold 20
a Single State License in multiple States, however for the purposes of this 21
Compact, a Licensee shall have only one Home Stat e license. 22
E. Nothing in this Compact shall affect the requirements established by a 23
Member State for the issuance of a Single State License. 24
25
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 26
Active Duty Military personnel, or their spouse, sha ll designate a Home State 27
where the individual has a current license in good standing. The individual 28
may retain the Home State designation during the period the service member is 29
on active duty. Subsequent to designating a Home State, the individual shall 30
only change their Home State through application for licensure in the new 31
State, or through the process outlined in Section 5. 32
33
SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 34
A. Member States shall recognize the right of a Licensed Professional 35
Counselor, licensed by a Home State in accordance with Section 3 and under 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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Rules promulgated by the Commission, to practice Professional Counseling in 1
any Member State via Telehealth under a Privilege to Practice as provided in 2
the Compact and Rules promulgat ed by the Commission. 3
B. A Licensee providing Professional Counseling services in a Remote State 4
under the Privilege to Practice shall adhere to the laws and regulations of 5
the Remote State. 6
7
SECTION 8. ADVERSE ACTIONS 8
A. In addition to the other powers conferred by State law, a Remote State 9
shall have the authority, in accordance with existing State due process law, 10
to: 11
1. Take Adverse Action against a Licensed Professional 12
Counselor’s Privilege to Practice within that Member State, and 13
2. Issue subpoenas for both hearings and investigations that 14
require the attendance and testimony of witnesses as well as the production 15
of evidence. Subpoenas issued by a Licensing Board in a Member State for the 16
attendance and testimony of witnesses or the product ion of evidence from 17
another Member State shall be enforced in the latter State by any court of 18
competent jurisdiction, according to the practice and procedure of that court 19
applicable to subpoenas issued in proceedings pending before it. The issuing 20
authority shall pay any witness fees, travel expenses, mileage, and other 21
fees required by the service statutes of the State in which the witnesses or 22
evidence are located. 23
3. Only the Home State shall have the power to take Adverse 24
Action against a Licensed Professional Counselor’s license issued by the Home 25
State. 26
B. For purposes of taking Adverse Action, the Home State shall give the same 27
priority and effect to reported conduct received from a Member State as it 28
would if the conduct had occurred within th e Home State. In so doing, the 29
Home State shall apply its own State laws to determine appropriate action. 30
C. The Home State shall complete any pending investigations of a Licensed 31
Professional Counselor who changes primary State of residence during the 32
course of the investigations. The Home State shall also have the authority to 33
take appropriate action(s) and shall promptly report the conclusions of the 34
investigations to the administrator of the Data System. The administrator of 35
the coordinated licensure i nformation system shall promptly notify the new 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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Home State of any Adverse Actions. 1
D. A Member State, if otherwise permitted by State law, may recover from the 2
affected Licensed Professional Counselor the costs of investigations and 3
dispositions of cases resulting from any Adverse Action taken against that 4
Licensed Professional Counselor. 5
E. A Member State may take Adverse Action based on the factual findings of 6
the Remote State, provided that the Member State follows its own procedures 7
for taking the Adverse Action. 8
F. Joint Investigations: 9
1. In addition to the authority granted to a Member State by its 10
respective Professional Counseling practice act or other applicable State 11
law, any Member State may participate with other Member States in joint 12
investigations of Licensees. 13
2. Member States shall share any investigative, litigation, or 14
compliance materials in furtherance of any joint or individual investigation 15
initiated under the Compact. 16
G. If Adverse Action is taken by the Home State against t he license of a 17
Licensed Professional Counselor, the Licensed Professional Counselor’s 18
Privilege to Practice in all other Member States shall be deactivated until 19
all Encumbrances have been removed from the State license. All Home State 20
disciplinary orders that impose Adverse Action against the license of a 21
Licensed Professional Counselor shall include a Statement that the Licensed 22
Professional Counselor’s Privilege to Practice is deactivated in all Member 23
States during the pendency of the order. 24
H. If a Member State takes Adverse Action, it shall promptly notify the 25
administrator of the Data System. The administrator of the Data System shall 26
promptly notify the Home State of any Adverse Actions by Remote States. 27
I. Nothing in this Compact shall override a Member State’s decision that 28
participation in an Alternative Program may be used in lieu of Adverse 29
Action. 30
31
SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION 32
A. The Compact Member States hereby create and establish a joint public 33
agency known as the Counseling Compact Commission: 34
1. The Commission is an instrumentality of the Compact States. 35
2. Venue is proper and judicial proceedings by or against the 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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Commission shall be brought solely and exclusively in a court of competent 1
jurisdiction where the principal office of the Commission is located. The 2
Commission may waive venue and jurisdictional defenses to the extent it 3
adopts or consents to participate in alternative dispute resolution 4
proceedings. 5
3. Nothing in this Compact shall be con strued to be a waiver of 6
sovereign immunity. 7
B. Membership, Voting, and Meetings 8
1. Each Member State shall have and be limited to one (1) 9
delegate selected by that Member State’s Licensing Board. 10
2. The delegate shall be either: 11
a. A current member of the Licensing Board at the time of 12
appointment, who is a Licensed Professional Counselor or public member; or 13
b. An administrator of the Licensing Board. 14
3. Any delegate may be removed or suspended from office as 15
provided by the law of the S tate from which the delegate is appointed. 16
4. The Member State Licensing Board shall fill any vacancy 17
occurring on the Commission within 60 days. 18
5. Each delegate shall be entitled to one (1) vote with regard 19
to the promulgation of Rules and creation of bylaws and shall otherwise have 20
an opportunity to participate in the business and affairs of the Commission. 21
6. A delegate shall vote in person or by such other means as 22
provided in the bylaws. The bylaws may provide for delegates’ participation 23
in meetings by telephone or other means of communication. 24
7. The Commission shall meet at least once during each calendar 25
year. Additional meetings shall be held as set forth in the bylaws. 26
8. The Commission shall by Rule establish a term of office for 27
delegates and may by Rule establish term limits. 28
C. The Commission shall have the following powers and duties: 29
1. Establish the fiscal year of the Commission; 30
2. Establish bylaws; 31
3. Maintain its financial records in accordance with the bylaws; 32
4. Meet and take such actions as are consistent with the 33
provisions of this Compact and the bylaws; 34
5. Promulgate Rules which shall be binding to the extent and in 35
the manner provided for in the Compact; 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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6. Bring and prosecute legal proceedings or actions in the name 1
of the Commission, provided that the standing of any State Licensing Board to 2
sue or be sued under applicable law shall not be affected; 3
7. Purchase and maintain insurance and bonds; 4
8. Borrow, accept, or contract for services of personnel, 5
including, but not limited to, employees of a Member State; 6
9. Hire employees, elect or appoint officers, fix compensation, 7
define duties, grant such individuals appropriate authority to carry out the 8
purposes of the Compact, and establish th e Commission’s personnel policies 9
and programs relating to conflicts of interest, qualifications of personnel, 10
and other related personnel matters; 11
10. Accept any and all appropriate donations and grants of 12
money, equipment, supplies, materials, and ser vices, and to receive, utilize, 13
and dispose of the same; provided that at all times the Commission shall 14
avoid any appearance of impropriety and/or conflict of interest; 15
11. Lease, purchase, accept appropriate gifts or donations of, 16
or otherwise to own, hold, improve or use, any property, real, personal or 17
mixed; provided that at all times the Commission shall avoid any appearance 18
of impropriety; 19
12. Sell convey, mortgage, pledge, lease, exchange, abandon, or 20
otherwise dispose of any property real, pe rsonal, or mixed; 21
13. Establish a budget and make expenditures; 22
14. Borrow money; 23
15. Appoint committees, including standing committees composed 24
of members, State regulators, State legislators or their representatives, and 25
consumer representatives , and such other interested persons as may be 26
designated in this Compact and the bylaws; 27
16. Provide and receive information from, and cooperate with, 28
law enforcement agencies; 29
17. Establish and elect an Executive Committee; and 30
18. Perform such other functions as may be necessary or 31
appropriate to achieve the purposes of this Compact consistent with the State 32
regulation of Professional Counseling licensure and practice. 33
D. The Executive Committee 34
1. The Executive Committee shall have the powe r to act on behalf 35
of the Commission according to the terms of this Compact. 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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2. The Executive Committee shall be composed of up to eleven 1
(11) members: 2
a. Seven voting members who are elected by the Commission 3
from the current membership of the Comm ission; and 4
b. Up to four (4) ex -officio, nonvoting members from four 5
(4) recognized national professional counselor organizations. 6
c. The ex-officio members will be selected by their 7
respective organizations. 8
3. The Commission may remove any me mber of the Executive 9
Committee as provided in bylaws. 10
4. The Executive Committee shall meet at least annually. 11
5. The Executive Committee shall have the following duties and 12
responsibilities: 13
a. Recommend to the entire Commission changes to the Rules 14
or bylaws, changes to this Compact legislation, fees paid by Compact Member 15
States such as annual dues, and any Commission Compact fee charged to 16
Licensees for the Privilege to Practice; 17
b. Ensure Compact administration services are 18
appropriately provided, contractual or otherwise; 19
c. Prepare and recommend the budget; 20
d. Maintain financial records on behalf of the Commission; 21
e. Monitor Compact compliance of Member States and provide 22
compliance reports to the Commission; 23
f. Establish additional committees as necessary; and 24
g. Other duties as provided in Rules or bylaws. 25
E. Meetings of the Commission 26
1. All meetings shall be open to the public, and public notice 27
of meetings shall be given in the same manner as required under the 28
Rulemaking provisions in Section 11. 29
2. The Commission or the Executive Committee or other committees 30
of the Commission may convene in a closed, non -public meeting if the 31
Commission or Executive Committee or other committees of the Commission must 32
discuss: 33
a. Non-compliance of a Member State with its obligations 34
under the Compact; 35
b. The employment, compensation, discipline or other 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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matters, practices or procedures related to specific employees or other 1
matters related to the Commissio n’s internal personnel practices and 2
procedures; 3
c. Current, threatened, or reasonably anticipated 4
litigation; 5
d. Negotiation of contracts for the purchase, lease, or 6
sale of goods, services, or real estate; 7
e. Accusing any person of a crime or formally censuring 8
any person; 9
f. Disclosure of trade secrets or commercial or financial 10
information that is privileged or confidential; 11
g. Disclosure of information of a personal nature where 12
disclosure would constitute a clearly unwarranted inva sion of personal 13
privacy; 14
h. Disclosure of investigative records compiled for law 15
enforcement purposes; 16
i. Disclosure of information related to any investigative 17
reports prepared by or on behalf of or for use of the Commission or other 18
committee charged with responsibility of investigation or determination of 19
compliance issues pursuant to the Compact; or 20
j. Matters specifically exempted from disclosure by 21
federal or Member State statute. 22
3. If a meeting, or portion of a meeting, is closed pur suant to 23
this provision, the Commission’s legal counsel or designee shall certify that 24
the meeting may be closed and shall reference each relevant exempting 25
provision. 26
4. The Commission shall keep minutes that fully and clearly 27
describe all matters disc ussed in a meeting and shall provide a full and 28
accurate summary of actions taken, and the reasons therefore, including a 29
description of the views expressed. All documents considered in connection 30
with an action shall be identified in such minutes. All min utes and documents 31
of a closed meeting shall remain under seal, subject to release by a majority 32
vote of the Commission or order of a court of competent jurisdiction. 33
F. Financing of the Commission 34
1. The Commission shall pay, or provide for the paymen t of, the 35
reasonable expenses of its establishment, organization, and ongoing 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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activities. 1
2. The Commission may accept any and all appropriate revenue 2
sources, donations, and grants of money, equipment, supplies, materials, and 3
services. 4
3. The Commission may levy on and collect an annual assessment 5
from each Member State or impose fees on other parties to cover the cost of 6
the operations and activities of the Commission and its staff, which must be 7
in a total amount sufficient to cover its annual bud get as approved each year 8
for which revenue is not provided by other sources. The aggregate annual 9
assessment amount shall be allocated based upon a formula to be determined by 10
the Commission, which shall promulgate a Rule binding upon all Member States. 11
4. The Commission shall not incur obligations of any kind prior 12
to securing the funds adequate to meet the same; nor shall the Commission 13
pledge the credit of any of the Member States, except by and with the 14
authority of the Member State. 15
5. The Commission shall keep accurate accounts of all receipts 16
and disbursements. The receipts and disbursements of the Commission shall be 17
subject to the audit and accounting procedures established under its bylaws. 18
However, all receipts and disbursements of funds ha ndled by the Commission 19
shall be audited yearly by a certified or licensed public accountant, and the 20
report of the audit shall be included in and become part of the annual report 21
of the Commission. 22
G. Qualified Immunity, Defense, and Indemnification 23
1. The members, officers, executive director, employees and 24
representatives of the Commission shall be immune from suit and liability, 25
either personally or in their official capacity, for any claim for damage to 26
or loss of property or personal injury or othe r civil liability caused by or 27
arising out of any actual or alleged act, error or omission that occurred, or 28
that the person against whom the claim is made had a reasonable basis for 29
believing occurred within the scope of Commission employment, duties or 30
responsibilities; provided that nothing in this paragraph shall be construed 31
to protect any such person from suit and/or liability for any damage, loss, 32
injury, or liability caused by the intentional or willful or wanton 33
misconduct of that person. 34
2. The Commission shall defend any member, officer, executive 35
director, employee or representative of the Commission in any civil action 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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seeking to impose liability arising out of any actual or alleged act, error, 1
or omission that occurred within the scope of Co mmission employment, duties, 2
or responsibilities, or that the person against whom the claim is made had a 3
reasonable basis for believing occurred within the scope of Commission 4
employment, duties, or responsibilities; provided that nothing herein shall 5
be construed to prohibit that person from retaining his or her own counsel; 6
and provided further, that the actual or alleged act, error, or omission did 7
not result from that person’s intentional or willful or wanton misconduct. 8
3. The Commission shall indem nify and hold harmless any member, 9
officer, executive director, employee, or representative of the Commission 10
for the amount of any settlement or judgment obtained against that person 11
arising out of any actual or alleged act, error, or omission that occurr ed 12
within the scope of Commission employment, duties, or responsibilities, or 13
that such person had a reasonable basis for believing occurred within the 14
scope of Commission employment, duties, or responsibilities, provided that 15
the actual or alleged act, er ror, or omission did not result from the 16
intentional or willful or wanton misconduct of that person. 17
18
SECTION 10. DATA SYSTEM 19
A. The Commission shall provide for the development, maintenance, operation, 20
and utilization of a coordinated database and reporting system containing 21
licensure, Adverse Action, and Investigative Information on all licensed 22
individuals in Member States. 23
B. Notwithstanding any other provision of State law to the contrary, a 24
Member State shall submit a uniform data set to the D ata System on all 25
individuals to whom this Compact is applicable as required by the Rules of 26
the Commission, including: 27
1. Identifying information; 28
2. Licensure data; 29
3. Adverse Actions against a license or Privilege to Practice; 30
4. Non-confidential information related to Alternative Program 31
participation; 32
5. Any denial of application for licensure, and the reason(s) 33
for such denial; 34
6. Current Significant Investigative Information; and 35
7. Other information that may facilitate the admin istration of 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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this Compact, as determined by the Rules of the Commission. 1
C. Investigative Information pertaining to a Licensee in any Member State 2
will only be available to other Member States. 3
D. The Commission shall promptly notify all Member States of any Adverse 4
Action taken against a Licensee or an individual applying for a license. 5
Adverse Action information pertaining to a Licensee in any Member State will 6
be available to any other Member State. 7
E. Member States contributing information to the Dat a System may designate 8
information that may not be shared with the public without the express 9
permission of the contributing State. 10
F. Any information submitted to the Data System that is subsequently 11
required to be expunged by the laws of the Member Stat e contributing the 12
information shall be removed from the Data System. 13
14
SECTION 11. RULEMAKING 15
A. The Commission shall promulgate reasonable Rules in order to effectively 16
and efficiently achieve the purpose of the Compact. Notwithstanding the 17
foregoing, in the event the Commission exercises its Rulemaking authority in 18
a manner that is beyond the scope of the purposes of the Compact, or the 19
powers granted hereunder, then such an action by the Commission shall be 20
invalid and have no force or effect. 21
B. The Commission shall exercise its Rulemaking powers pursuant to the 22
criteria set forth in this Section and the Rules adopted thereunder. Rules 23
and amendments shall become binding as of the date specified in each Rule or 24
amendment. 25
C. If a majority of the legi slatures of the Member States rejects a Rule, by 26
enactment of a statute or resolution in the same manner used to adopt the 27
Compact within four (4) years of the date of adoption of the Rule, then such 28
Rule shall have no further force and effect in any Member State. 29
D. Rules or amendments to the Rules shall be adopted at a regular or special 30
meeting of the Commission. 31
E. Prior to promulgation and adoption of a final Rule or Rules by the 32
Commission, and at least thirty (30) days in advance of the meeting at which 33
the Rule will be considered and voted upon, the Commission shall file a 34
Notice of Proposed Rulemaking: 35
1. On the website of the Commission or other publicly accessible 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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platform; and 1
2. On the website of each Member State Professional Counseling 2
Licensing Board or other publicly accessible platform or the publication in 3
which each State would otherwise publish proposed Rul es. 4
F. The Notice of Proposed Rulemaking shall include: 5
1. The proposed time, date, and location of the meeting in which 6
the Rule will be considered and voted upon; 7
2. The text of the proposed Rule or amendment and the reason for 8
the proposed Rule; 9
3. A request for comments on the proposed Rule from any 10
interested person; and 11
4. The manner in which interested persons may submit notice to 12
the Commission of their intention to attend the public hearing and any 13
written comments. 14
G. Prior to adoption of a proposed Rule, the Commission shall allow persons 15
to submit written data, facts, opinions, and arguments, which shall be made 16
available to the public. 17
H. The Commission shall grant an opportunity for a public hearing before it 18
adopts a Rule or ame ndment if a hearing is requested by: 19
1. At least twenty-five (25) persons; 20
2. A State or federal governmental subdivision or agency; or 21
3. An association having at least twenty -five (25) members. 22
I. If a hearing is held on the proposed Rule or amendment, the Commission 23
shall publish the place, time, and date of the scheduled public hearing. If 24
the hearing is held via electronic means, the Commission shall publish the 25
mechanism for access to the electronic hearing. 26
1. All persons wishing to be heard at the hearing shall notify 27
the executive director of the Commission or other designated member in 28
writing of their desire to appear and testify at the hearing not less than 29
five (5) business days before the scheduled date of the hearing. 30
2. Hearings shall be conducted in a manner providing each person 31
who wishes to comment a fair and reasonable opportunity to comment orally or 32
in writing. 33
3. All hearings will be recorded. A copy of the recording will 34
be made available on request. 35
4. Nothing in this section shall be construed as requiring a 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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separate hearing on each Rule. Rules may be grouped for the convenience of 1
the Commission at hearings required by this section. 2
J. Following the scheduled hearing date, or by the close of business on the 3
scheduled hearing date if the hearing was not held, the Commission shall 4
consider all written and oral comments received. 5
K. If no written notice of intent to attend the public hearing by interested 6
parties is received, the Commission may proceed with pro mulgation of the 7
proposed Rule without a public hearing. 8
L. The Commission shall, by majority vote of all members, take final action 9
on the proposed Rule and shall determine the effective date of the Rule, if 10
any, based on the Rulemaking record and the fu ll text of the Rule. 11
M. Upon determination that an emergency exists, the Commission may consider 12
and adopt an emergency Rule without prior notice, opportunity for comment, or 13
hearing, provided that the usual Rulemaking procedures provided in the 14
Compact and in this section shall be retroactively applied to the Rule as 15
soon as reasonably possible, in no event later than ninety (90) days after 16
the effective date of the Rule. For the purposes of this provision, an 17
emergency Rule is one that must be adopted im mediately in order to: 18
1. Meet an imminent threat to public health, safety, or welfare; 19
2. Prevent a loss of Commission or Member State funds; 20
3. Meet a deadline for the promulgation of an administrative 21
Rule that is established by federal law or Rule; or 22
4. Protect public health and safety. 23
N. The Commission or an authorized committee of the Commission may direct 24
revisions to a previously adopted Rule or amendment for purposes of 25
correcting typographical errors, errors in format, errors in con sistency, or 26
grammatical errors. Public notice of any revisions shall be posted on the 27
website of the Commission. The revision shall be subject to challenge by any 28
person for a period of thirty (30) days after posting. The revision may be 29
challenged only on grounds that the revision results in a material change to 30
a Rule. A challenge shall be made in writing and delivered to the chair of 31
the Commission prior to the end of the notice period. If no challenge is 32
made, the revision will take effect without furt her action. If the revision 33
is challenged, the revision may not take effect without the approval of the 34
Commission. 35
36 As Engrossed: H2/13/23 S3/2/23 HB1181
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SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 1
A. Oversight 2
1. The executive, legislative, and judicial branches of State 3
government in each Member State shall enforce this Compact and take all 4
actions necessary and appropriate to effectuate the Compact’s purposes and 5
intent. The provisions of this Compact and the Rules promulgated hereunder 6
shall have standing as statutory l aw. 7
2. All courts shall take judicial notice of the Compact and the 8
Rules in any judicial or administrative proceeding in a Member State 9
pertaining to the subject matter of this Compact which may affect the powers, 10
responsibilities, or actions of the Co mmission. 11
3. The Commission shall be entitled to receive service of 12
process in any such proceeding and shall have standing to intervene in such a 13
proceeding for all purposes. Failure to provide service of process to the 14
Commission shall render a judgmen t or order void as to the Commission, this 15
Compact, or promulgated Rules. 16
B. Default, Technical Assistance, and Termination 17
1. If the Commission determines that a Member State has defaulted in 18
the performance of its obligations or responsibilities under this Compact or 19
the promulgated Rules, the Commission shall: 20
a. Provide written notice to the defaulting State and 21
other Member States of the nature of the default, the proposed means of 22
curing the default and/or any other action to be taken by the Co mmission; and 23
b. Provide remedial training and specific technical 24
assistance regarding the default. 25
C. If a State in default fails to cure the default, the defaulting State may 26
be terminated from the Compact upon an affirmative vote of a majority of t he 27
Member States, and all rights, privileges and benefits conferred by this 28
Compact may be terminated on the effective date of termination. A cure of the 29
default does not relieve the offending State of obligations or liabilities 30
incurred during the period of default. 31
D. Termination of membership in the Compact shall be imposed only after all 32
other means of securing compliance have been exhausted. Notice of intent to 33
suspend or terminate shall be given by the Commission to the governor, the 34
majority and minority leaders of the defaulting State’s legislature, and each 35
of the Member States. 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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E. A State that has been terminated is responsible for all assessments, 1
obligations, and liabilities incurred through the effective date of 2
termination, including obligations that extend beyond the effective date of 3
termination. 4
F. The Commission shall not bear any costs related to a State that is found 5
to be in default or that has been terminated from the Compact, unless agreed 6
upon in writing between the Commissio n and the defaulting State. 7
G. The defaulting State may appeal the action of the Commission by 8
petitioning the U.S. District Court for the District of Columbia or the 9
federal district where the Commission has its principal offices. The 10
prevailing member shall be awarded all costs of such litigation, including 11
reasonable attorney’s fees. 12
H. Dispute Resolution 13
1. Upon request by a Member State, the Commission shall attempt 14
to resolve disputes related to the Compact that arise among Member States and 15
between member and non-Member States. 16
2. The Commission shall promulgate a Rule providing for both 17
mediation and binding dispute resolution for disputes as appropriate. 18
I. Enforcement 19
1. The Commission, in the reasonable exercise of its discretion, 20
shall enforce the provisions and Rules of this Compact. 21
2. By majority vote, the Commission may initiate legal action in 22
the United States District Court for the District of Columbia or the federal 23
district where the Commission has its principal offices again st a Member 24
State in default to enforce compliance with the provisions of the Compact and 25
its promulgated Rules and bylaws. The relief sought may include both 26
injunctive relief and damages. In the event judicial enforcement is 27
necessary, the prevailing mem ber shall be awarded all costs of such 28
litigation, including reasonable attorney’s fees. 29
3. The remedies herein shall not be the exclusive remedies of the 30
Commission. The Commission may pursue any other remedies available under 31
federal or State law. 32
33
SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND 34
ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 35
A. The Compact shall come into effect on the date on which the Compact 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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statute is enacted into law in the tenth Member State. The provisi ons, which 1
become effective at that time, shall be limited to the powers granted to the 2
Commission relating to assembly and the promulgation of Rules. Thereafter, 3
the Commission shall meet and exercise Rulemaking powers necessary to the 4
implementation and administration of the Compact. 5
B. Any State that joins the Compact subsequent to the Commission’s initial 6
adoption of the Rules shall be subject to the Rules as they exist on the date 7
on which the Compact becomes law in that State. Any Rule that has been 8
previously adopted by the Commission shall have the full force and effect of 9
law on the day the Compact becomes law in that State. 10
C. Any Member State may withdraw from this Compact by enacting a statute 11
repealing the same. 12
1. A Member State’s withdraw al shall not take effect until six 13
(6) months after enactment of the repealing statute. 14
2. Withdrawal shall not affect the continuing requirement of the 15
withdrawing State’s Professional Counseling Licensing Board to comply with 16
the investigative and Adv erse Action reporting requirements of this act prior 17
to the effective date of withdrawal. 18
D. Nothing contained in this Compact shall be construed to invalidate or 19
prevent any Professional Counseling licensure agreement or other cooperative 20
arrangement between a Member State and a non -Member State that does not 21
conflict with the provisions of this Compact. 22
E. This Compact may be amended by the Member States. No amendment to this 23
Compact shall become effective and binding upon any Member State until it is 24
enacted into the laws of all Member States. 25
26
SECTION 14. CONSTRUCTION AND SEVERABILITY 27
This Compact shall be liberally construed so as to effectuate the purposes 28
thereof. The provisions of this Compact shall be severable and if any phrase, 29
clause, sentence or provision of this Compact is declared to be contrary to 30
the constitution of any Member State or of the United States or the 31
applicability thereof to any government, agency, person or circumstance is 32
held invalid, the validity of the remainder of this C ompact and the 33
applicability thereof to any government, agency, person or circumstance shall 34
not be affected thereby. If this Compact shall be held contrary to the 35
constitution of any Member State, the Compact shall remain in full force and 36 As Engrossed: H2/13/23 S3/2/23 HB1181
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effect as to the remaining Member States and in full force and effect as to 1
the Member State affected as to all severable matters. 2
3
SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS 4
A. A Licensee providing Professional Counseling services in a Remote State 5
under the Privilege to Practice shall adhere to the laws and regulations, 6
including scope of practice, of the Remote State. 7
B. Nothing herein prevents the enforcement of any other law of a Member 8
State that is not inconsistent with the Compact. 9
C. Any laws in a Member State in conflict with the Compact are superseded to 10
the extent of the conflict. 11
D. Any lawful actions of the Commission, including all Rules and bylaws 12
properly promulgated by the Commission, are binding upon the Member States. 13
E. All permissible agreements between the Commission and the Member States 14
are binding in accordance with their terms. 15
F. In the event any provision of the Compact exceeds the constitutional 16
limits imposed on the legislature of any Member State, the provision shall be 17
ineffective to the extent of the conflict with the constitutional provision 18
in question in that Member State. 19
20
17-27-502. Administration of compact — Rules. 21
(a) The Arkansas Board of Examiners in Counseling is the Counseling 22
Compact administrator for t his state. 23
(b) The board may adopt rules that are consistent with the Counseling 24
Compact necessary to implement this subchapter. 25
(c) The board is not required to adopt the rules of the Counseling 26
Compact Commission for those rules to be effective in this state. 27
(d) For the purposes of the member state’s ability to reject a rule 28
under Section 11(C) of the Counseling Compact, Arkansas delegates its 29
authority in this provision to the General Assembly or the Legislative 30
Council. 31
32
/s/Haak 33
34
APPROVED: 3/13/23 35
36