Arkansas 2023 Regular Session

Arkansas House Bill HB1181 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 260 of the Regular Session
3	2		JMB054 03-02-2023 11:52:55 JMB054
4	3
5	4		State of Arkansas As Engrossed: H2/13/23 S3/2/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1181 3
8	7		4
9	8		By: Representative Haak 5
10	9		By: Senator J. Boyd 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO ESTABLISH THE COUNSELING COMPA CT IN 9
14	13		ARKANSAS; AND FOR OT HER PURPOSES. 10
15	14		11
16	15		12
17	16		Subtitle 13
18	17		TO ESTABLISH THE COUNSELING COMPACT IN 14
19	18		ARKANSAS. 15
20	19		16
21	20		17
22	21		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
23	22		19
24	23		SECTION 1. Arkansas Code Title 17, Chapter 27, is amended to add an 20
25	24		additional subchapter to read as follows: 21
26	25		Subchapter 5 - Counseling Compact 22
27	26		23
28	27		17-27-501. Text of compact. 24
29	28		The Counseling Compact is enacted into law and entered into by this 25
30	29		state with all states legally joining therein and in the form substantially 26
31	30		as follows: 27
32	31		28
33	32		Counseling Compact 29
34	33		30
35	34		SECTION 1: PURPOSE 31
36	35		The purpose of this Compact is to facilitate interstate practice of Licensed 32
37	36		Professional Counselors with the goal of impr oving public access to 33
38	37		Professional Counseling services. The practice of Professional Counseling 34
39	38		occurs in the State where the client is located at the time of the counseling 35
40	39		services. The Compact preserves the regulatory authority of States to protect 36 As Engrossed: H2/13/23 S3/2/23 HB1181
41	40
42	41		2 03-02-2023 11:52:55 JMB054
43	42
44	43
45	44		public health and safety through the current system of State licensure. 1
46	45		This Compact is designed to achieve the following objectives: 2
47	46		A. Increase public access to Professional Counseling services by providing 3
48	47		for the mutual recognition of other Member State licenses; 4
49	48		B. Enhance the States’ ability to protect the public’s health and safety; 5
50	49		C. Encourage the cooperation of Member States in regulating multistate 6
51	50		practice for Licensed Professional Counselors; 7
52	51		D. Support spouses of relocating Active Duty Milit ary personnel; 8
53	52		E. Enhance the exchange of licensure, investigative, and disciplinary 9
54	53		information among Member States; 10
55	54		F. Allow for the use of Telehealth technology to facilitate increased access 11
56	55		to Professional Counseling services; 12
57	56		G. Support the unifor mity of Professional Counseling licensure requirements 13
58	57		throughout the States to promote public safety and public health benefits; 14
59	58		H. Invest all Member States with the authority to hold a Licensed 15
60	59		Professional Counselor accountable for meeting all State pr actice laws in the 16
61	60		State in which the client is located at the time care is rendered through the 17
62	61		mutual recognition of Member State licenses; 18
63	62		I. Eliminate the necessity for licenses in multiple States; and 19
64	63		J. Provide opportunities for interstate practice by Licensed Professional 20
65	64		Counselors who meet uniform licensure requirements. 21
66	65		22
67	66		SECTION 2. DEFINITIONS 23
68	67		As used in this Compact, and except as otherwise provided, the following 24
69	68		definitions shall apply: 25
70	69		A. “Active Duty Military” means full -time duty status in the active 26
71	70		uniformed service of the United States, including members of the National 27
72	71		Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 28
73	72		and 1211. 29
74	73		B. “Adverse Action” means any administrative, civil, equitable or criminal 30
75	74		action permitted by a State’s laws which is imposed by a licensing board or 31
76	75		other authority against a Licensed Professional Counselor, including actions 32
77	76		against an individual’s license or Privilege to Practice such as revocation, 33
78	77		suspension, probation, monitorin g of the licensee, limitation on the 34
79	78		licensee’s practice, or any other Encumbrance on licensure affecting a 35
80	79		Licensed Professional Counselor’s authorization to practice, including 36 As Engrossed: H2/13/23 S3/2/23 HB1181
81	80
82	81		3 03-02-2023 11:52:55 JMB054
83	82
84	83
85	84		issuance of a cease and desist action. 1
86	85		C. “Alternative Program” means a non -disciplinary monitoring or practice 2
87	86		remediation process approved by a Professional Counseling Licensing Board to 3
88	87		address Impaired Practitioners. 4
89	88		D. “Continuing Competence/Education” means a requirement, as a condition of 5
90	89		license renewal, to provide eviden ce of participation in, and/or completion 6
91	90		of, educational and professional activities relevant to practice or area of 7
92	91		work. 8
93	92		E. “Counseling Compact Commission” or “Commission” means the national 9
94	93		administrative body whose membership consists of all States t hat have enacted 10
95	94		the Compact. 11
96	95		F. “Current Significant Investigative Information” means: 12
97	96		1. Investigative Information that a Licensing Board, after a 13
98	97		preliminary inquiry that includes notification and an opportunity for the 14
99	98		Licensed Professional Counsel or to respond, if required by State law, has 15
100	99		reason to believe is not groundless and, if proved true, would indicate more 16
101	100		than a minor infraction; or 17
102	101		2. Investigative Information that indicates that the Licensed 18
103	102		Professional Counselor represents an imme diate threat to public health and 19
104	103		safety regardless of whether the Licensed Professional Counselor has been 20
105	104		notified and had an opportunity to respond. 21
106	105		G. “Data System” means a repository of information about Licensees, 22
107	106		including, but not limited to, cont inuing education, examination, licensure, 23
108	107		investigative, Privilege to Practice and Adverse Action information. 24
109	108		H. “Encumbered License” means a license in which an Adverse Action restricts 25
110	109		the practice of licensed Professional Counseling by the Licensee an d said 26
111	110		Adverse Action has been reported to the National Practitioners Data Bank 27
112	111		(NPDB). 28
113	112		I. “Encumbrance” means a revocation or suspension of, or any limitation on, 29
114	113		the full and unrestricted practice of Licensed Professional Counseling by a 30
115	114		Licensing Board. 31
116	115		J. “Executive Committee” means a group of directors elected or appointed to 32
117	116		act on behalf of, and within the powers granted to them by, the Commission. 33
118	117		K. “Home State” means the Member State that is the Licensee’s primary State 34
119	118		of residence. 35
120	119		L. “Impaired Practitioner” means an individual who has a condition(s) that 36 As Engrossed: H2/13/23 S3/2/23 HB1181
121	120
122	121		4 03-02-2023 11:52:55 JMB054
123	122
124	123
125	124		may impair their ability to practice as a Licensed Professional Counselor 1
126	125		without some type of intervention and may include, but are not limited to, 2
127	126		alcohol and drug dependence, mental healt h impairment, and neurological or 3
128	127		physical impairments. 4
129	128		M. “Investigative Information” means information, records, and documents 5
130	129		received or generated by a Professional Counseling Licensing Board pursuant 6
131	130		to an investigation. 7
132	131		N. “Jurisprudence Requiremen t” if required by a Member State, means the 8
133	132		assessment of an individual’s knowledge of the laws and Rules governing the 9
134	133		practice of Professional Counseling in a State. 10
135	134		O. “Licensed Professional Counselor” means a counselor licensed by a Member 11
136	135		State, regardless of the title used by that State, to independently assess, 12
137	136		diagnose, and treat behavioral health conditions. 13
138	137		P. “Licensee” means an individual who currently holds an authorization from 14
139	138		the State to practice as a Licensed Professional Counselor. 15
140	139		Q. “Licensing Board” means the agency of a State, or equivalent, that is 16
141	140		responsible for the licensing and regulation of Licensed Professional 17
142	141		Counselors. 18
143	142		R. “Member State” means a State that has enacted the Compact. 19
144	143		S. “Privilege to Practice” means a legal authorization, which is equivalent 20
145	144		to a license, permitting the practice of Professional Counseling in a Remote 21
146	145		State. 22
147	146		T. “Professional Counseling” means the assessment, diagnosis, and treatment 23
148	147		of behavioral health conditions by a Licensed Professional Counselor. 24
149	148		U. “Remote State” means a Member State other than the Home State, where a 25
150	149		Licensee is exercising or seeking to exercise the Privilege to Practice. 26
151	150		V. “Rule” means a regulation promulgated by the Commission that has the 27
152	151		force of law. 28
153	152		W. “Single State License” means a Licensed Professional Counselor license 29
154	153		issued by a Member State that authorizes practice only within the issuing 30
155	154		State and does not include a Privilege to Practice in any other Member State. 31
156	155		X. “State” means any state, commonweal th, district, or territory of the 32
157	156		United States of America that regulates the practice of Professional 33
158	157		Counseling. 34
159	158		Y. “Telehealth” means the application of telecommunication technology to 35
160	159		deliver Professional Counseling services remotely to assess, diagnose, and 36 As Engrossed: H2/13/23 S3/2/23 HB1181
161	160
162	161		5 03-02-2023 11:52:55 JMB054
163	162
164	163
165	164		treat behavioral health conditions. 1
166	165		Z. “Unencumbered License” means a license that authorizes a Licensed 2
167	166		Professional Counselor to engage in the full and unrestricted practice of 3
168	167		Professional Counseling. 4
169	168		5
170	169		SECTION 3. STATE PARTICIPATION IN THE COMPACT 6
171	170		A. To Participate in the Compact, a State must currently: 7
172	171		1. License and regulate Licensed Professional Co unselors; 8
173	172		2. Require Licensees to pass a nationally recognized exam 9
174	173		approved by the Commission; 10
175	174		3. Require Licensees to have a 60 semester -hour (or 90 quarter-11
176	175		hour) master’s degree in counseling or 60 semester -hours (or 90 quarter -12
177	176		hours) of graduate course work including the following topic areas: 13
178	177		a. Professional Counseling Orientation and Ethical 14
179	178		Practice; 15
180	179		b. Social and Cultural Diversity; 16
181	180		c. Human Growth and Development; 17
182	181		d. Career Development; 18
183	182		e. Counseling and Helping Relationsh ips; 19
184	183		f. Group Counseling and Group Work; 20
185	184		g. Diagnosis and Treatment; Assessment and Testing; 21
186	185		h. Research and Program Evaluation; and 22
187	186		i. Other areas as determined by the Commission. 23
188	187		4. Require Licensees to complete a supervised postgradua te 24
189	188		professional experience as defined by the Commission; 25
190	189		5. Have a mechanism in place for receiving and investigating 26
191	190		complaints about Licensees. 27
192	191		B. A Member State shall: 28
193	192		1. Participate fully in the Commission’s Data System, including 29
194	193		using the Commission’s unique identifier as defined in Rules; 30
195	194		2. Notify the Commission, in compliance with the terms of the 31
196	195		Compact and Rules, of any Adverse Action or the availability of Investigative 32
197	196		Information regarding a Licensee; 33
198	197		3. Implement or utilize proc edures for considering the criminal 34
199	198		history records of applicants for an initial Privilege to Practice. These 35
200	199		procedures shall include the submission of fingerprints or other biometric -36 As Engrossed: H2/13/23 S3/2/23 HB1181
201	200
202	201		6 03-02-2023 11:52:55 JMB054
203	202
204	203
205	204		based information by applicants for the purpose of obtaining an applica nt’s 1
206	205		criminal history record information from the Federal Bureau of Investigation 2
207	206		and the agency responsible for retaining that State’s criminal records; 3
208	207		a. A member state must fully implement a criminal 4
209	208		background check requirement, within a time fram e established by rule, by 5
210	209		receiving the results of the Federal Bureau of Investigation record search 6
211	210		and shall use the results in making licensure decisions. 7
212	211		b. Communication between a Member State, the Commission 8
213	212		and among Member States regarding the verification of eligibility for 9
214	213		licensure through the Compact shall not include any information received from 10
215	214		the Federal Bureau of Investigation relating to a federal criminal records 11
216	215		check performed by a Member State under Public Law 92 -544. 12
217	216		4. Comply with the Rules of the Commission; 13
218	217		5. Require an applicant to obtain or retain a license in the 14
219	218		Home State and meet the Home State’s qualifications for licensure or renewal 15
220	219		of licensure, as well as all other applicable State laws; 16
221	220		6. Grant the Privil ege to Practice to a Licensee holding a valid 17
222	221		Unencumbered License in another Member State in accordance with the terms of 18
223	222		the Compact and Rules; and 19
224	223		7. Provide for the attendance of the State’s commissioner to the 20
225	224		Counseling Compact Commission meetings . 21
226	225		C. Member States may charge a fee for granting the Privilege to Practice. 22
227	226		D. Individuals not residing in a Member State shall continue to be able to 23
228	227		apply for a Member State’s Single State License as provided under the laws of 24
229	228		each Member State. However, the Single State License granted to these 25
230	229		individuals shall not be recognized as granting a Privilege to Practice 26
231	230		Professional Counseling in any other Member State. 27
232	231		E. Nothing in this Compact shall affect the requirements established by a 28
233	232		Member State for the issuance of a Single State License. 29
234	233		F. A license issued to a Licensed Professional Counselor by a Home State to 30
235	234		a resident in that State shall be recognized by each Member State as 31
236	235		authorizing a Licensed Professional Counselor to practice Pr ofessional 32
237	236		Counseling, under a Privilege to Practice, in each Member State. 33
238	237		34
239	238		SECTION 4. PRIVILEGE TO PRACTICE 35
240	239		A. To exercise the Privilege to Practice under the terms and provisions of 36 As Engrossed: H2/13/23 S3/2/23 HB1181
241	240
242	241		7 03-02-2023 11:52:55 JMB054
243	242
244	243
245	244		the Compact, the Licensee shall: 1
246	245		1. Hold a license in the Home Sta te; 2
247	246		2. Have a valid United States Social Security Number or National 3
248	247		Practitioner Identifier; 4
249	248		3. Be eligible for a Privilege to Practice in any Member State 5
250	249		in accordance with Section 4(D), (G) and (H); 6
251	250		4. Have not had any Encumbrance or restricti on against any 7
252	251		license or Privilege to Practice within the previous two (2) years; 8
253	252		5. Notify the Commission that the Licensee is seeking the 9
254	253		Privilege to Practice within a Remote State(s); 10
255	254		6. Pay any applicable fees, including any State fee, for the 11
256	255		Privilege to Practice; 12
257	256		7. Meet any Continuing Competence/Education requirements 13
258	257		established by the Home State; 14
259	258		8. Meet any Jurisprudence Requirements established by the Remote 15
260	259		State(s) in which the Licensee is seeking a Privilege to Practice; and 16
261	260		9. Report to the Commission any Adverse Action, Encumbrance, or 17
262	261		restriction on license taken by any non -Member State within 30 days from the 18
263	262		date the action is taken. 19
264	263		B. The Privilege to Practice is valid until the expiration date of the Home 20
265	264		State license. The Licensee must comply with the requirements of Section 4(A) 21
266	265		to maintain the Privilege to Practice in the Remote State. 22
267	266		C. A Licensee providing Professional Counseling in a Remote State under the 23
268	267		Privilege to Practice shall adhere to the laws and re gulations of the Remote 24
269	268		State. 25
270	269		D. A Licensee providing Professional Counseling services in a Remote State 26
271	270		is subject to that State’s regulatory authority. A Remote State may, in 27
272	271		accordance with due process and that State’s laws, remove a Licensee’s 28
273	272		Privilege to Practice in the Remote State for a specific period of time, 29
274	273		impose fines, and/or take any other necessary actions to protect the health 30
275	274		and safety of its citizens. The Licensee may be ineligible for a Privilege to 31
276	275		Practice in any Member State until the specific time for removal has passed 32
277	276		and all fines are paid. 33
278	277		E. If a Home State license is encumbered, the Licensee shall lose the 34
279	278		Privilege to Practice in any Remote State until the following occur: 35
280	279		1. The Home State license is no longer encumbere d; and 36 As Engrossed: H2/13/23 S3/2/23 HB1181
281	280
282	281		8 03-02-2023 11:52:55 JMB054
283	282
284	283
285	284		2. Have not had any Encumbrance or restriction against any 1
286	285		license or Privilege to Practice within the previous two (2) years. 2
287	286		F. Once an Encumbered License in the Home State is restored to good 3
288	287		standing, the Licensee must meet the requirements of Section 4(A) to obtain a 4
289	288		Privilege to Practice in any Remote State. 5
290	289		G. If a Licensee’s Privilege to Practice in any Remote State is removed, the 6
291	290		individual may lose the Privilege to Practice in all other Remote States 7
292	291		until the following occur: 8
293	292		1. The specific period of time for which the Privilege to 9
294	293		Practice was removed has ended; 10
295	294		2. All fines have been paid; and 11
296	295		3. Have not had any Encumbrance or restriction against any 12
297	296		license or Privilege to Practice within the previous two (2) years. 13
298	297		H. Once the requirements of Section 4(G) have been met, the Licensee must 14
299	298		meet the requirements in Section 4(A) to obtain a Privilege to Practice in a 15
300	299		Remote State. 16
301	300		17
302	301		SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO 18
303	302		PRACTICE 19
304	303		A. A Licensed Professional Counselor may hold a Home State license, which 20
305	304		allows for a Privilege to Practice in other Member States, in only one Member 21
306	305		State at a time. 22
307	306		B. If a Licensed Professional Counselor changes primary State of residence 23
308	307		by moving between two Member States: 24
309	308		1. The Licensed Professional Counselor shall file an application 25
310	309		for obtaining a new Home State license based on a Privilege to Practice, pay 26
311	310		all applicable fees, and notify the current and new Home State in accordance 27
312	311		with applicable Rules adopted by the Commission. 28
313	312		2. Upon receipt of an application for obtaining a new Home State 29
314	313		license by virtue of a Privilege to Practice, the new Home State shall verify 30
315	314		that the Licensed Professional Counselor meets the pertinent criteria 31
316	315		outlined in Section 4 via the Data System, without need for primary source 32
317	316		verification except for: 33
318	317		a. a Federal Bureau of Investigation fingerprint based 34
319	318		criminal background check if not previously performed or updated pursuant to 35
320	319		applicable rules adopted by the Commission in accordance with Public Law 92 -36 As Engrossed: H2/13/23 S3/2/23 HB1181
321	320
322	321		9 03-02-2023 11:52:55 JMB054
323	322
324	323
325	324		544; 1
326	325		b. other criminal background check as required by the new 2
327	326		Home State; and 3
328	327		c. completion of any requisite Jurisprudence Requirements 4
329	328		of the new Home State. 5
330	329		3. The former Home State shall co nvert the former Home State 6
331	330		license into a Privilege to Practice once the new Home State has activated 7
332	331		the new Home State license in accordance with applicable Rules adopted by the 8
333	332		Commission. 9
334	333		4. Notwithstanding any other provision of this Compact, if t he 10
335	334		Licensed Professional Counselor cannot meet the criteria in Section 4, the 11
336	335		new Home State may apply its requirements for issuing a new Single State 12
337	336		License. 13
338	337		5. The Licensed Professional Counselor shall pay all applicable 14
339	338		fees to the new Home State in order to be issued a new Home State license. 15
340	339		C. If a Licensed Professional Counselor changes Primary State of Residence 16
341	340		by moving from a Member State to a non -Member State, or from a non -Member 17
342	341		State to a Member State, the State criteria shall apply for issuance of a 18
343	342		Single State License in the new State. 19
344	343		D. Nothing in this Compact shall interfere with a Licensee’s ability to hold 20
345	344		a Single State License in multiple States, however for the purposes of this 21
346	345		Compact, a Licensee shall have only one Home Stat e license. 22
347	346		E. Nothing in this Compact shall affect the requirements established by a 23
348	347		Member State for the issuance of a Single State License. 24
349	348		25
350	349		SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 26
351	350		Active Duty Military personnel, or their spouse, sha ll designate a Home State 27
352	351		where the individual has a current license in good standing. The individual 28
353	352		may retain the Home State designation during the period the service member is 29
354	353		on active duty. Subsequent to designating a Home State, the individual shall 30
355	354		only change their Home State through application for licensure in the new 31
356	355		State, or through the process outlined in Section 5. 32
357	356		33
358	357		SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 34
359	358		A. Member States shall recognize the right of a Licensed Professional 35
360	359		Counselor, licensed by a Home State in accordance with Section 3 and under 36 As Engrossed: H2/13/23 S3/2/23 HB1181
361	360
362	361		10 03-02-2023 11:52:55 JMB054
363	362
364	363
365	364		Rules promulgated by the Commission, to practice Professional Counseling in 1
366	365		any Member State via Telehealth under a Privilege to Practice as provided in 2
367	366		the Compact and Rules promulgat ed by the Commission. 3
368	367		B. A Licensee providing Professional Counseling services in a Remote State 4
369	368		under the Privilege to Practice shall adhere to the laws and regulations of 5
370	369		the Remote State. 6
371	370		7
372	371		SECTION 8. ADVERSE ACTIONS 8
373	372		A. In addition to the other powers conferred by State law, a Remote State 9
374	373		shall have the authority, in accordance with existing State due process law, 10
375	374		to: 11
376	375		1. Take Adverse Action against a Licensed Professional 12
377	376		Counselor’s Privilege to Practice within that Member State, and 13
378	377		2. Issue subpoenas for both hearings and investigations that 14
379	378		require the attendance and testimony of witnesses as well as the production 15
380	379		of evidence. Subpoenas issued by a Licensing Board in a Member State for the 16
381	380		attendance and testimony of witnesses or the product ion of evidence from 17
382	381		another Member State shall be enforced in the latter State by any court of 18
383	382		competent jurisdiction, according to the practice and procedure of that court 19
384	383		applicable to subpoenas issued in proceedings pending before it. The issuing 20
385	384		authority shall pay any witness fees, travel expenses, mileage, and other 21
386	385		fees required by the service statutes of the State in which the witnesses or 22
387	386		evidence are located. 23
388	387		3. Only the Home State shall have the power to take Adverse 24
389	388		Action against a Licensed Professional Counselor’s license issued by the Home 25
390	389		State. 26
391	390		B. For purposes of taking Adverse Action, the Home State shall give the same 27
392	391		priority and effect to reported conduct received from a Member State as it 28
393	392		would if the conduct had occurred within th e Home State. In so doing, the 29
394	393		Home State shall apply its own State laws to determine appropriate action. 30
395	394		C. The Home State shall complete any pending investigations of a Licensed 31
396	395		Professional Counselor who changes primary State of residence during the 32
397	396		course of the investigations. The Home State shall also have the authority to 33
398	397		take appropriate action(s) and shall promptly report the conclusions of the 34
399	398		investigations to the administrator of the Data System. The administrator of 35
400	399		the coordinated licensure i nformation system shall promptly notify the new 36 As Engrossed: H2/13/23 S3/2/23 HB1181
401	400
402	401		11 03-02-2023 11:52:55 JMB054
403	402
404	403
405	404		Home State of any Adverse Actions. 1
406	405		D. A Member State, if otherwise permitted by State law, may recover from the 2
407	406		affected Licensed Professional Counselor the costs of investigations and 3
408	407		dispositions of cases resulting from any Adverse Action taken against that 4
409	408		Licensed Professional Counselor. 5
410	409		E. A Member State may take Adverse Action based on the factual findings of 6
411	410		the Remote State, provided that the Member State follows its own procedures 7
412	411		for taking the Adverse Action. 8
413	412		F. Joint Investigations: 9
414	413		1. In addition to the authority granted to a Member State by its 10
415	414		respective Professional Counseling practice act or other applicable State 11
416	415		law, any Member State may participate with other Member States in joint 12
417	416		investigations of Licensees. 13
418	417		2. Member States shall share any investigative, litigation, or 14
419	418		compliance materials in furtherance of any joint or individual investigation 15
420	419		initiated under the Compact. 16
421	420		G. If Adverse Action is taken by the Home State against t he license of a 17
422	421		Licensed Professional Counselor, the Licensed Professional Counselor’s 18
423	422		Privilege to Practice in all other Member States shall be deactivated until 19
424	423		all Encumbrances have been removed from the State license. All Home State 20
425	424		disciplinary orders that impose Adverse Action against the license of a 21
426	425		Licensed Professional Counselor shall include a Statement that the Licensed 22
427	426		Professional Counselor’s Privilege to Practice is deactivated in all Member 23
428	427		States during the pendency of the order. 24
429	428		H. If a Member State takes Adverse Action, it shall promptly notify the 25
430	429		administrator of the Data System. The administrator of the Data System shall 26
431	430		promptly notify the Home State of any Adverse Actions by Remote States. 27
432	431		I. Nothing in this Compact shall override a Member State’s decision that 28
433	432		participation in an Alternative Program may be used in lieu of Adverse 29
434	433		Action. 30
435	434		31
436	435		SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION 32
437	436		A. The Compact Member States hereby create and establish a joint public 33
438	437		agency known as the Counseling Compact Commission: 34
439	438		1. The Commission is an instrumentality of the Compact States. 35
440	439		2. Venue is proper and judicial proceedings by or against the 36 As Engrossed: H2/13/23 S3/2/23 HB1181
441	440
442	441		12 03-02-2023 11:52:55 JMB054
443	442
444	443
445	444		Commission shall be brought solely and exclusively in a court of competent 1
446	445		jurisdiction where the principal office of the Commission is located. The 2
447	446		Commission may waive venue and jurisdictional defenses to the extent it 3
448	447		adopts or consents to participate in alternative dispute resolution 4
449	448		proceedings. 5
450	449		3. Nothing in this Compact shall be con strued to be a waiver of 6
451	450		sovereign immunity. 7
452	451		B. Membership, Voting, and Meetings 8
453	452		1. Each Member State shall have and be limited to one (1) 9
454	453		delegate selected by that Member State’s Licensing Board. 10
455	454		2. The delegate shall be either: 11
456	455		a. A current member of the Licensing Board at the time of 12
457	456		appointment, who is a Licensed Professional Counselor or public member; or 13
458	457		b. An administrator of the Licensing Board. 14
459	458		3. Any delegate may be removed or suspended from office as 15
460	459		provided by the law of the S tate from which the delegate is appointed. 16
461	460		4. The Member State Licensing Board shall fill any vacancy 17
462	461		occurring on the Commission within 60 days. 18
463	462		5. Each delegate shall be entitled to one (1) vote with regard 19
464	463		to the promulgation of Rules and creation of bylaws and shall otherwise have 20
465	464		an opportunity to participate in the business and affairs of the Commission. 21
466	465		6. A delegate shall vote in person or by such other means as 22
467	466		provided in the bylaws. The bylaws may provide for delegates’ participation 23
468	467		in meetings by telephone or other means of communication. 24
469	468		7. The Commission shall meet at least once during each calendar 25
470	469		year. Additional meetings shall be held as set forth in the bylaws. 26
471	470		8. The Commission shall by Rule establish a term of office for 27
472	471		delegates and may by Rule establish term limits. 28
473	472		C. The Commission shall have the following powers and duties: 29
474	473		1. Establish the fiscal year of the Commission; 30
475	474		2. Establish bylaws; 31
476	475		3. Maintain its financial records in accordance with the bylaws; 32
477	476		4. Meet and take such actions as are consistent with the 33
478	477		provisions of this Compact and the bylaws; 34
479	478		5. Promulgate Rules which shall be binding to the extent and in 35
480	479		the manner provided for in the Compact; 36 As Engrossed: H2/13/23 S3/2/23 HB1181
481	480
482	481		13 03-02-2023 11:52:55 JMB054
483	482
484	483
485	484		6. Bring and prosecute legal proceedings or actions in the name 1
486	485		of the Commission, provided that the standing of any State Licensing Board to 2
487	486		sue or be sued under applicable law shall not be affected; 3
488	487		7. Purchase and maintain insurance and bonds; 4
489	488		8. Borrow, accept, or contract for services of personnel, 5
490	489		including, but not limited to, employees of a Member State; 6
491	490		9. Hire employees, elect or appoint officers, fix compensation, 7
492	491		define duties, grant such individuals appropriate authority to carry out the 8
493	492		purposes of the Compact, and establish th e Commission’s personnel policies 9
494	493		and programs relating to conflicts of interest, qualifications of personnel, 10
495	494		and other related personnel matters; 11
496	495		10. Accept any and all appropriate donations and grants of 12
497	496		money, equipment, supplies, materials, and ser vices, and to receive, utilize, 13
498	497		and dispose of the same; provided that at all times the Commission shall 14
499	498		avoid any appearance of impropriety and/or conflict of interest; 15
500	499		11. Lease, purchase, accept appropriate gifts or donations of, 16
501	500		or otherwise to own, hold, improve or use, any property, real, personal or 17
502	501		mixed; provided that at all times the Commission shall avoid any appearance 18
503	502		of impropriety; 19
504	503		12. Sell convey, mortgage, pledge, lease, exchange, abandon, or 20
505	504		otherwise dispose of any property real, pe rsonal, or mixed; 21
506	505		13. Establish a budget and make expenditures; 22
507	506		14. Borrow money; 23
508	507		15. Appoint committees, including standing committees composed 24
509	508		of members, State regulators, State legislators or their representatives, and 25
510	509		consumer representatives, and such other interested persons as may be 26
511	510		designated in this Compact and the bylaws; 27
512	511		16. Provide and receive information from, and cooperate with, 28
513	512		law enforcement agencies; 29
514	513		17. Establish and elect an Executive Committee; and 30
515	514		18. Perform such other functions as may be necessary or 31
516	515		appropriate to achieve the purposes of this Compact consistent with the State 32
517	516		regulation of Professional Counseling licensure and practice. 33
518	517		D. The Executive Committee 34
519	518		1. The Executive Committee shall have the power to act on behalf 35
520	519		of the Commission according to the terms of this Compact. 36 As Engrossed: H2/13/23 S3/2/23 HB1181
521	520
522	521		14 03-02-2023 11:52:55 JMB054
523	522
524	523
525	524		2. The Executive Committee shall be composed of up to eleven 1
526	525		(11) members: 2
527	526		a. Seven voting members who are elected by the Commission 3
528	527		from the current membersh ip of the Commission; and 4
529	528		b. Up to four (4) ex -officio, nonvoting members from four 5
530	529		(4) recognized national professional counselor organizations. 6
531	530		c. The ex-officio members will be selected by their 7
532	531		respective organizations. 8
533	532		3. The Commission may remove any member of the Executive 9
534	533		Committee as provided in bylaws. 10
535	534		4. The Executive Committee shall meet at least annually. 11
536	535		5. The Executive Committee shall have the following duties and 12
537	536		responsibilities: 13
538	537		a. Recommend to the entire Commission c hanges to the Rules 14
539	538		or bylaws, changes to this Compact legislation, fees paid by Compact Member 15
540	539		States such as annual dues, and any Commission Compact fee charged to 16
541	540		Licensees for the Privilege to Practice; 17
542	541		b. Ensure Compact administration services are 18
543	542		appropriately provided, contractual or otherwise; 19
544	543		c. Prepare and recommend the budget; 20
545	544		d. Maintain financial records on behalf of the Commission; 21
546	545		e. Monitor Compact compliance of Member States and provide 22
547	546		compliance reports to the Commission; 23
548	547		f. Establish additional committees as necessary; and 24
549	548		g. Other duties as provided in Rules or bylaws. 25
550	549		E. Meetings of the Commission 26
551	550		1. All meetings shall be open to the public, and public notice 27
552	551		of meetings shall be given in the same manner as r equired under the 28
553	552		Rulemaking provisions in Section 11. 29
554	553		2. The Commission or the Executive Committee or other committees 30
555	554		of the Commission may convene in a closed, non -public meeting if the 31
556	555		Commission or Executive Committee or other committees of the Com mission must 32
557	556		discuss: 33
558	557		a. Non-compliance of a Member State with its obligations 34
559	558		under the Compact; 35
560	559		b. The employment, compensation, discipline or other 36 As Engrossed: H2/13/23 S3/2/23 HB1181
561	560
562	561		15 03-02-2023 11:52:55 JMB054
563	562
564	563
565	564		matters, practices or procedures related to specific employees or other 1
566	565		matters related to the Co mmission’s internal personnel practices and 2
567	566		procedures; 3
568	567		c. Current, threatened, or reasonably anticipated 4
569	568		litigation; 5
570	569		d. Negotiation of contracts for the purchase, lease, or 6
571	570		sale of goods, services, or real estate; 7
572	571		e. Accusing any person of a c rime or formally censuring 8
573	572		any person; 9
574	573		f. Disclosure of trade secrets or commercial or financial 10
575	574		information that is privileged or confidential; 11
576	575		g. Disclosure of information of a personal nature where 12
577	576		disclosure would constitute a clearly unwarrant ed invasion of personal 13
578	577		privacy; 14
579	578		h. Disclosure of investigative records compiled for law 15
580	579		enforcement purposes; 16
581	580		i. Disclosure of information related to any investigative 17
582	581		reports prepared by or on behalf of or for use of the Commission or other 18
583	582		committee charged with responsibility of investigation or determination of 19
584	583		compliance issues pursuant to the Compact; or 20
585	584		j. Matters specifically exempted from disclosure by 21
586	585		federal or Member State statute. 22
587	586		3. If a meeting, or portion of a meeting, is clo sed pursuant to 23
588	587		this provision, the Commission’s legal counsel or designee shall certify that 24
589	588		the meeting may be closed and shall reference each relevant exempting 25
590	589		provision. 26
591	590		4. The Commission shall keep minutes that fully and clearly 27
592	591		describe all matters discussed in a meeting and shall provide a full and 28
593	592		accurate summary of actions taken, and the reasons therefore, including a 29
594	593		description of the views expressed. All documents considered in connection 30
595	594		with an action shall be identified in such minutes. All minutes and documents 31
596	595		of a closed meeting shall remain under seal, subject to release by a majority 32
597	596		vote of the Commission or order of a court of competent jurisdiction. 33
598	597		F. Financing of the Commission 34
599	598		1. The Commission shall pay, or provide for the payment of, the 35
600	599		reasonable expenses of its establishment, organization, and ongoing 36 As Engrossed: H2/13/23 S3/2/23 HB1181
601	600
602	601		16 03-02-2023 11:52:55 JMB054
603	602
604	603
605	604		activities. 1
606	605		2. The Commission may accept any and all appropriate revenue 2
607	606		sources, donations, and grants of money, equipment, supplies, materials, and 3
608	607		services. 4
609	608		3. The Commission may levy on and collect an annual assessment 5
610	609		from each Member State or impose fees on other parties to cover the cost of 6
611	610		the operations and activities of the Commission and its staff, which must be 7
612	611		in a total amount sufficient to cover its ann ual budget as approved each year 8
613	612		for which revenue is not provided by other sources. The aggregate annual 9
614	613		assessment amount shall be allocated based upon a formula to be determined by 10
615	614		the Commission, which shall promulgate a Rule binding upon all Member St ates. 11
616	615		4. The Commission shall not incur obligations of any kind prior 12
617	616		to securing the funds adequate to meet the same; nor shall the Commission 13
618	617		pledge the credit of any of the Member States, except by and with the 14
619	618		authority of the Member State. 15
620	619		5. The Commission shall keep accurate accounts of all receipts 16
621	620		and disbursements. The receipts and disbursements of the Commission shall be 17
622	621		subject to the audit and accounting procedures established under its bylaws. 18
623	622		However, all receipts and disbursements of f unds handled by the Commission 19
624	623		shall be audited yearly by a certified or licensed public accountant, and the 20
625	624		report of the audit shall be included in and become part of the annual report 21
626	625		of the Commission. 22
627	626		G. Qualified Immunity, Defense, and Indemnificati on 23
628	627		1. The members, officers, executive director, employees and 24
629	628		representatives of the Commission shall be immune from suit and liability, 25
630	629		either personally or in their official capacity, for any claim for damage to 26
631	630		or loss of property or personal injury or other civil liability caused by or 27
632	631		arising out of any actual or alleged act, error or omission that occurred, or 28
633	632		that the person against whom the claim is made had a reasonable basis for 29
634	633		believing occurred within the scope of Commission employment, duti es or 30
635	634		responsibilities; provided that nothing in this paragraph shall be construed 31
636	635		to protect any such person from suit and/or liability for any damage, loss, 32
637	636		injury, or liability caused by the intentional or willful or wanton 33
638	637		misconduct of that person. 34
639	638		2. The Commission shall defend any member, officer, executive 35
640	639		director, employee or representative of the Commission in any civil action 36 As Engrossed: H2/13/23 S3/2/23 HB1181
641	640
642	641		17 03-02-2023 11:52:55 JMB054
643	642
644	643
645	644		seeking to impose liability arising out of any actual or alleged act, error, 1
646	645		or omission that occurred within the scop e of Commission employment, duties, 2
647	646		or responsibilities, or that the person against whom the claim is made had a 3
648	647		reasonable basis for believing occurred within the scope of Commission 4
649	648		employment, duties, or responsibilities; provided that nothing herein sh all 5
650	649		be construed to prohibit that person from retaining his or her own counsel; 6
651	650		and provided further, that the actual or alleged act, error, or omission did 7
652	651		not result from that person’s intentional or willful or wanton misconduct. 8
653	652		3. The Commission shal l indemnify and hold harmless any member, 9
654	653		officer, executive director, employee, or representative of the Commission 10
655	654		for the amount of any settlement or judgment obtained against that person 11
656	655		arising out of any actual or alleged act, error, or omission that occurred 12
657	656		within the scope of Commission employment, duties, or responsibilities, or 13
658	657		that such person had a reasonable basis for believing occurred within the 14
659	658		scope of Commission employment, duties, or responsibilities, provided that 15
660	659		the actual or alleged act, error, or omission did not result from the 16
661	660		intentional or willful or wanton misconduct of that person. 17
662	661		18
663	662		SECTION 10. DATA SYSTEM 19
664	663		A. The Commission shall provide for the development, maintenance, operation, 20
665	664		and utilization of a coordinated database and reporting system containing 21
666	665		licensure, Adverse Action, and Investigative Information on all licensed 22
667	666		individuals in Member States. 23
668	667		B. Notwithstanding any other provision of State law to the contrary, a 24
669	668		Member State shall submit a uniform data set to the Data System on all 25
670	669		individuals to whom this Compact is applicable as required by the Rules of 26
671	670		the Commission, including: 27
672	671		1. Identifying information; 28
673	672		2. Licensure data; 29
674	673		3. Adverse Actions against a license or Privilege to Practice; 30
675	674		4. Non-confidential information related to Alternative Program 31
676	675		participation; 32
677	676		5. Any denial of application for licensure, and the reason(s) 33
678	677		for such denial; 34
679	678		6. Current Significant Investigative Information; and 35
680	679		7. Other information that may facilitate the administration of 36 As Engrossed: H2/13/23 S3/2/23 HB1181
681	680
682	681		18 03-02-2023 11:52:55 JMB054
683	682
684	683
685	684		this Compact, as determined by the Rules of the Commission. 1
686	685		C. Investigative Information pertaining to a Licensee in any Member State 2
687	686		will only be available to other Member States. 3
688	687		D. The Commission shall promptly notify all Member States of any Adverse 4
689	688		Action taken against a Licensee or an individual applying for a license. 5
690	689		Adverse Action information pertaining to a Licensee in any Member State will 6
691	690		be available to any other Member State. 7
692	691		E. Member States contributing information to the Data System may designate 8
693	692		information that may not be shared with the public without the express 9
694	693		permission of the contributing State. 10
695	694		F. Any information submitted to the Data System that is subsequently 11
696	695		required to be expunged by the laws of the Member State contributing the 12
697	696		information shall be removed from the Data System. 13
698	697		14
699	698		SECTION 11. RULEMAKING 15
700	699		A. The Commission shall promulgate reasonable Rules in order to effectively 16
701	700		and efficiently achieve the purpo se of the Compact. Notwithstanding the 17
702	701		foregoing, in the event the Commission exercises its Rulemaking authority in 18
703	702		a manner that is beyond the scope of the purposes of the Compact, or the 19
704	703		powers granted hereunder, then such an action by the Commission sha ll be 20
705	704		invalid and have no force or effect. 21
706	705		B. The Commission shall exercise its Rulemaking powers pursuant to the 22
707	706		criteria set forth in this Section and the Rules adopted thereunder. Rules 23
708	707		and amendments shall become binding as of the date specified in ea ch Rule or 24
709	708		amendment. 25
710	709		C. If a majority of the legislatures of the Member States rejects a Rule, by 26
711	710		enactment of a statute or resolution in the same manner used to adopt the 27
712	711		Compact within four (4) years of the date of adoption of the Rule, then such 28
713	712		Rule shall have no further force and effect in any Member State. 29
714	713		D. Rules or amendments to the Rules shall be adopted at a regular or special 30
715	714		meeting of the Commission. 31
716	715		E. Prior to promulgation and adoption of a final Rule or Rules by the 32
717	716		Commission, and at l east thirty (30) days in advance of the meeting at which 33
718	717		the Rule will be considered and voted upon, the Commission shall file a 34
719	718		Notice of Proposed Rulemaking: 35
720	719		1. On the website of the Commission or other publicly accessible 36 As Engrossed: H2/13/23 S3/2/23 HB1181
721	720
722	721		19 03-02-2023 11:52:55 JMB054
723	722
724	723
725	724		platform; and 1
726	725		2. On the website of each Member State Professional Counseling 2
727	726		Licensing Board or other publicly accessible platform or the publication in 3
728	727		which each State would otherwise publish proposed Rules. 4
729	728		F. The Notice of Proposed Rulemaking shall include: 5
730	729		1. The proposed time, date, and location of the meeting in which 6
731	730		the Rule will be considered and voted upon; 7
732	731		2. The text of the proposed Rule or amendment and the reason for 8
733	732		the proposed Rule; 9
734	733		3. A request for comments on the proposed Rule from any 10
735	734		interested person; and 11
736	735		4. The manner in which interested persons may submit notice to 12
737	736		the Commission of their intention to attend the public hearing and any 13
738	737		written comments. 14
739	738		G. Prior to adoption of a proposed Rule, the Commission shall allow persons 15
740	739		to submit written data, facts, opinions, and arguments, which shall be made 16
741	740		available to the public. 17
742	741		H. The Commission shall grant an opportunity for a public hearing before it 18
743	742		adopts a Rule or amendment if a hearing is requested by: 19
744	743		1. At least twenty-five (25) persons; 20
745	744		2. A State or federal governmental subdivision or agency; or 21
746	745		3. An association having at least twenty -five (25) members. 22
747	746		I. If a hearing is held on the proposed Rule or amendment, the Commission 23
748	747		shall publish the place, time, and date of th e scheduled public hearing. If 24
749	748		the hearing is held via electronic means, the Commission shall publish the 25
750	749		mechanism for access to the electronic hearing. 26
751	750		1. All persons wishing to be heard at the hearing shall notify 27
752	751		the executive director of the Commis sion or other designated member in 28
753	752		writing of their desire to appear and testify at the hearing not less than 29
754	753		five (5) business days before the scheduled date of the hearing. 30
755	754		2. Hearings shall be conducted in a manner providing each person 31
756	755		who wishes to comment a fair and reasonable opportunity to comment orally or 32
757	756		in writing. 33
758	757		3. All hearings will be recorded. A copy of the recording will 34
759	758		be made available on request. 35
760	759		4. Nothing in this section shall be construed as requiring a 36 As Engrossed: H2/13/23 S3/2/23 HB1181
761	760
762	761		20 03-02-2023 11:52:55 JMB054
763	762
764	763
765	764		separate hearing on each Rule. Rules may be grouped for the convenience of 1
766	765		the Commission at hearings required by this section. 2
767	766		J. Following the scheduled hearing date, or by the close of business on the 3
768	767		scheduled hearing date if the hearing was not held, the Commission shal l 4
769	768		consider all written and oral comments received. 5
770	769		K. If no written notice of intent to attend the public hearing by interested 6
771	770		parties is received, the Commission may proceed with promulgation of the 7
772	771		proposed Rule without a public hearing. 8
773	772		L. The Commission shall, by majority vote of all members, take final action 9
774	773		on the proposed Rule and shall determine the effective date of the Rule, if 10
775	774		any, based on the Rulemaking record and the full text of the Rule. 11
776	775		M. Upon determination that an emergency exists, t he Commission may consider 12
777	776		and adopt an emergency Rule without prior notice, opportunity for comment, or 13
778	777		hearing, provided that the usual Rulemaking procedures provided in the 14
779	778		Compact and in this section shall be retroactively applied to the Rule as 15
780	779		soon as reasonably possible, in no event later than ninety (90) days after 16
781	780		the effective date of the Rule. For the purposes of this provision, an 17
782	781		emergency Rule is one that must be adopted immediately in order to: 18
783	782		1. Meet an imminent threat to public health, safety, or welfare; 19
784	783		2. Prevent a loss of Commission or Member State funds; 20
785	784		3. Meet a deadline for the promulgation of an administrative 21
786	785		Rule that is established by federal law or Rule; or 22
787	786		4. Protect public health and safety. 23
788	787		N. The Commission or an authorized committee of the Commission may direct 24
789	788		revisions to a previously adopted Rule or amendment for purposes of 25
790	789		correcting typographical errors, errors in format, errors in consistency, or 26
791	790		grammatical errors. Public notice of any revisions shall b e posted on the 27
792	791		website of the Commission. The revision shall be subject to challenge by any 28
793	792		person for a period of thirty (30) days after posting. The revision may be 29
794	793		challenged only on grounds that the revision results in a material change to 30
795	794		a Rule. A challenge shall be made in writing and delivered to the chair of 31
796	795		the Commission prior to the end of the notice period. If no challenge is 32
797	796		made, the revision will take effect without further action. If the revision 33
798	797		is challenged, the revision may not take ef fect without the approval of the 34
799	798		Commission. 35
800	799		36 As Engrossed: H2/13/23 S3/2/23 HB1181
801	800
802	801		21 03-02-2023 11:52:55 JMB054
803	802
804	803
805	804		SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 1
806	805		A. Oversight 2
807	806		1. The executive, legislative, and judicial branches of State 3
808	807		government in each Member State shall enforce this Compact and take all 4
809	808		actions necessary and appropriate to effectuate the Compact’s purposes and 5
810	809		intent. The provisions of this Compact and the Rules promulgated hereunder 6
811	810		shall have standing as statutory law. 7
812	811		2. All courts shall take judicial notice of the Compact and the 8
813	812		Rules in any judicial or administrative proceeding in a Member State 9
814	813		pertaining to the subject matter of this Compact which may affect the powers, 10
815	814		responsibilities, or actions of the Commission. 11
816	815		3. The Commission shall be entitled to receive service of 12
817	816		process in any such proceeding and shall have standing to intervene in such a 13
818	817		proceeding for all purposes. Failure to provide service of process to the 14
819	818		Commission shall render a judgment or order void as to the Commission, this 15
820	819		Compact, or promulgated Rule s. 16
821	820		B. Default, Technical Assistance, and Termination 17
822	821		1. If the Commission determines that a Member State has defaulted in 18
823	822		the performance of its obligations or responsibilities under this Compact or 19
824	823		the promulgated Rules, the Commission shall: 20
825	824		a. Provide written notice to the defaulting State and 21
826	825		other Member States of the nature of the default, the proposed means of 22
827	826		curing the default and/or any other action to be taken by the Commission; and 23
828	827		b. Provide remedial training and specific technical 24
829	828		assistance regarding the default. 25
830	829		C. If a State in default fails to cure the default, the defaulting State may 26
831	830		be terminated from the Compact upon an affirmative vote of a majority of the 27
832	831		Member States, and all rights, privileges and benefits conferred by this 28
833	832		Compact may be terminated on the effective date of termination. A cure of the 29
834	833		default does not relieve the offending State of obligations or liabilities 30
835	834		incurred during the period of default. 31
836	835		D. Termination of membership in the Compact shall be impos ed only after all 32
837	836		other means of securing compliance have been exhausted. Notice of intent to 33
838	837		suspend or terminate shall be given by the Commission to the governor, the 34
839	838		majority and minority leaders of the defaulting State’s legislature, and each 35
840	839		of the Member States. 36 As Engrossed: H2/13/23 S3/2/23 HB1181
841	840
842	841		22 03-02-2023 11:52:55 JMB054
843	842
844	843
845	844		E. A State that has been terminated is responsible for all assessments, 1
846	845		obligations, and liabilities incurred through the effective date of 2
847	846		termination, including obligations that extend beyond the effective date of 3
848	847		termination. 4
849	848		F. The Commission shall not bear any costs related to a State that is found 5
850	849		to be in default or that has been terminated from the Compact, unless agreed 6
851	850		upon in writing between the Commission and the defaulting State. 7
852	851		G. The defaulting State may appeal the actio n of the Commission by 8
853	852		petitioning the U.S. District Court for the District of Columbia or the 9
854	853		federal district where the Commission has its principal offices. The 10
855	854		prevailing member shall be awarded all costs of such litigation, including 11
856	855		reasonable attorney’s fees. 12
857	856		H. Dispute Resolution 13
858	857		1. Upon request by a Member State, the Commission shall attempt 14
859	858		to resolve disputes related to the Compact that arise among Member States and 15
860	859		between member and non -Member States. 16
861	860		2. The Commission shall promulgate a R ule providing for both 17
862	861		mediation and binding dispute resolution for disputes as appropriate. 18
863	862		I. Enforcement 19
864	863		1. The Commission, in the reasonable exercise of its discretion, 20
865	864		shall enforce the provisions and Rules of this Compact. 21
866	865		2. By majority vote, the Commission may initiate legal action in 22
867	866		the United States District Court for the District of Columbia or the federal 23
868	867		district where the Commission has its principal offices against a Member 24
869	868		State in default to enforce compliance with the provisions of the Compact and 25
870	869		its promulgated Rules and bylaws. The relief sought may include both 26
871	870		injunctive relief and damages. In the event judicial enforcement is 27
872	871		necessary, the prevailing member shall be awarded all costs of such 28
873	872		litigation, including reasonable a ttorney’s fees. 29
874	873		3. The remedies herein shall not be the exclusive remedies of the 30
875	874		Commission. The Commission may pursue any other remedies available under 31
876	875		federal or State law. 32
877	876		33
878	877		SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND 34
879	878		ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 35
880	879		A. The Compact shall come into effect on the date on which the Compact 36 As Engrossed: H2/13/23 S3/2/23 HB1181
881	880
882	881		23 03-02-2023 11:52:55 JMB054
883	882
884	883
885	884		statute is enacted into law in the tenth Member State. The provisions, which 1
886	885		become effective at that time, shall be limited to the powers granted to the 2
887	886		Commission relating to assembly and the promulgation of Rules. Thereafter, 3
888	887		the Commission shall meet and exercise Rulemaking powers necessary to the 4
889	888		implementation and administration of the Compact. 5
890	889		B. Any State that joins the Compact subse quent to the Commission’s initial 6
891	890		adoption of the Rules shall be subject to the Rules as they exist on the date 7
892	891		on which the Compact becomes law in that State. Any Rule that has been 8
893	892		previously adopted by the Commission shall have the full force and effect of 9
894	893		law on the day the Compact becomes law in that State. 10
895	894		C. Any Member State may withdraw from this Compact by enacting a statute 11
896	895		repealing the same. 12
897	896		1. A Member State’s withdrawal shall not take effect until six 13
898	897		(6) months after enactment of the repe aling statute. 14
899	898		2. Withdrawal shall not affect the continuing requirement of the 15
900	899		withdrawing State’s Professional Counseling Licensing Board to comply with 16
901	900		the investigative and Adverse Action reporting requirements of this act prior 17
902	901		to the effective dat e of withdrawal. 18
903	902		D. Nothing contained in this Compact shall be construed to invalidate or 19
904	903		prevent any Professional Counseling licensure agreement or other cooperative 20
905	904		arrangement between a Member State and a non -Member State that does not 21
906	905		conflict with the provisions of this Compact. 22
907	906		E. This Compact may be amended by the Member States. No amendment to this 23
908	907		Compact shall become effective and binding upon any Member State until it is 24
909	908		enacted into the laws of all Member States. 25
910	909		26
911	910		SECTION 14. CONSTRUCTION AND SEVERABILITY 27
912	911		This Compact shall be liberally construed so as to effectuate the purposes 28
913	912		thereof. The provisions of this Compact shall be severable and if any phrase, 29
914	913		clause, sentence or provision of this Compact is declared to be contrary to 30
915	914		the constitution of any Member State or of the United States or the 31
916	915		applicability thereof to any government, agency, person or circumstance is 32
917	916		held invalid, the validity of the remainder of this Compact and the 33
918	917		applicability thereof to any government, agency, person or circumstance shall 34
919	918		not be affected thereby. If this Compact shall be held contrary to the 35
920	919		constitution of any Member State, the Compact shall remain in full force and 36 As Engrossed: H2/13/23 S3/2/23 HB1181
921	920
922	921		24 03-02-2023 11:52:55 JMB054
923	922
924	923
925	924		effect as to the remaining Member States and in full force and effect as to 1
926	925		the Member State affected as to all severable matters. 2
927	926		3
928	927		SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS 4
929	928		A. A Licensee providing Professional Counseling services in a Remote State 5
930	929		under the Privilege to Practice shall adhere to the laws and regulations, 6
931	930		including scope of practice, of the Remote State. 7
932	931		B. Nothing herein prevents the enforcement of any other law of a Member 8
933	932		State that is not inconsistent with the Compact. 9
934	933		C. Any laws in a Member State in conflict with the Compact are superseded to 10
935	934		the extent of the conflict. 11
936	935		D. Any lawful actions of the Commission, including all Rules and bylaws 12
937	936		properly promulgated by the Commission, are binding upon the Member States. 13
938	937		E. All permissible agreements between the Commission and the Member States 14
939	938		are binding in accordance with their terms. 15
940	939		F. In the event any provision of the Compact exceeds the constitutional 16
941	940		limits imposed on the legislature of any Member State, the provision shall be 17
942	941		ineffective to the extent of the conflict with the constitutional provision 18
943	942		in question in that Member State. 19
944	943		20
945	944		17-27-502. Administration of compact — Rules. 21
946	945		(a) The Arkansas Board of Examiners in Counseling is the Counseling 22
947	946		Compact administrator for this state. 23
948	947		(b) The board may adopt rules that are consistent with the Counse ling 24
949	948		Compact necessary to implement this subchapter. 25
950	949		(c) The board is not required to adopt the rules of the Counseling 26
951	950		Compact Commission for those rules to be effective in this state. 27
952	951		(d) For the purposes of the member state’s ability to reject a rule 28
953	952		under Section 11(C) of the Counseling Compact, Arkansas delegates its 29
954	953		authority in this provision to the General Assembly or the Legislative 30
955	954		Council. 31
956	955		32
957	956		/s/Haak 33
958	957		34
959		-	~~APPROVED: 3/13/23~~ 35
	958	+	35
960	959		36