HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 1 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Professional Counselors Licensure 2
Compact; creating s. 491.017, F.S.; creating the 3
Professional Counselors Licensure Compact; providing 4
purposes and objectives; defining terms; specifying 5
requirements for state participation in the compa ct; 6
specifying duties of member states; specifying that 7
the compact does not affect an individual's ability to 8
apply for, and a member state's ability to grant, a 9
single state license pursuant to the laws of that 10
state; providing construction; providing fo r 11
recognition of the privilege to practice licensed 12
professional counseling in member states; specifying 13
criteria a licensed professional counselor must meet 14
for the privilege to practice under the compact; 15
providing for the expiration and renewal of the 16
privilege to practice; providing construction; 17
specifying that a licensee with a privilege to 18
practice in a remote state must adhere to the laws and 19
rules of that state; authorizing member states to act 20
on a licensee's privilege to practice under certain 21
circumstances; specifying the consequences and 22
parameters of practice for a licensee whose privilege 23
to practice has been acted on or whose home state 24
license is encumbered; specifying that a licensed 25
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 2 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
professional counselor may hold a home state license 26
in only one member state at a time; specifying 27
requirements and procedures for changing a home state 28
license designation; providing construction; 29
authorizing active duty military personnel or their 30
spouses to keep their home state designation during 31
active duty; specifying how such individuals may 32
subsequently change their home state license 33
designation; providing for the recognition of the 34
practice of professional counseling through telehealth 35
in member states; specifying that licensees must 36
adhere to the laws and rules of the remote state in 37
which they provide professional counseling through 38
telehealth; authorizing member states to take adverse 39
actions against licensees and issue subpoenas for 40
hearings and investigations under certain 41
circumstances; providing requirements and procedures 42
for adverse action; authorizing member states to 43
engage in joint investigations under certain 44
circumstances; providing that a licensee's privilege 45
to practice must be deactivated in all member states 46
for the duration of an encum brance imposed by the 47
licensee's home state; providing for notice to the 48
data system and the licensee's home state of any 49
adverse action taken against a licensee; providing 50
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 3 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
construction; establishing the Counseling Compact 51
Commission; providing for the jur isdiction and venue 52
for court proceedings; providing construction; 53
providing for membership, meetings, and powers of the 54
commission; specifying powers and duties of the 55
commission's executive committee; providing for the 56
financing of the commission; provid ing commission 57
members, officers, executive directors, employees, and 58
representatives immunity from civil liability under 59
certain circumstances; providing exceptions; requiring 60
the commission to defend the commission's members, 61
officers, executive director s, employees, and 62
representative in civil actions under certain 63
circumstances; providing construction; requiring the 64
commission to indemnify and hold harmless such 65
individuals for any settlement or judgment obtained in 66
such actions under certain circumstan ces; providing 67
for the development of the data system, reporting 68
procedures, and the exchange of specified information 69
between member states; requiring the commission to 70
notify member states of any adverse action taken 71
against a licensee or applicant for l icensure; 72
authorizing member states to designate as confidential 73
information provided to the data system; requiring the 74
commission to remove information from the data system 75
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 4 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
under certain circumstances; providing rulemaking 76
procedures for the commission; p roviding for member 77
state enforcement of the compact; specifying that the 78
compact and commission rules have standing as 79
statutory law in member states; specifying that the 80
commission is entitled to receive notice of process, 81
and has standing to intervene, in certain judicial and 82
administrative proceedings; rendering certain 83
judgments and orders void as to the commission, the 84
compact, or commission rules under certain 85
circumstances; providing for defaults and termination 86
of compact membership; providing proc edures for the 87
resolution of certain disputes; providing for 88
commission enforcement of the compact; providing for 89
remedies; providing construction; providing for 90
implementation of, withdrawal from, and amendment to 91
the compact; providing construction; spec ifying that 92
licensees practicing in a remote state under the 93
compact must adhere to the laws and rules of the 94
remote state; providing construction; specifying that 95
the compact, commission rules, and commission actions 96
are binding on member states; providin g construction 97
and severability; amending s. 456.073, F.S.; requiring 98
the Department of Health to report certain 99
investigative information to the data system; amending 100
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 5 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 456.076, F.S.; requiring monitoring contracts for 101
impaired practitioners participatin g in treatment 102
programs to contain certain terms; amending s. 103
491.004, F.S.; requiring the Board of Clinical Social 104
Work, Marriage and Family Therapy, and Mental Health 105
Counseling to appoint an individual to serve as the 106
state's delegate on the commission; amending ss. 107
491.005 and 491.006, F.S.; exempting certain persons 108
from licensure requirements; amending s. 491.009, 109
F.S.; authorizing certain disciplinary action under 110
the compact for specified prohibited acts; amending s. 111
768.28, F.S.; designating the st ate delegate and other 112
members or employees of the commission as state agents 113
for the purpose of applying waivers of sovereign 114
immunity; requiring the commission to pay certain 115
claims or judgments; authorizing the commission to 116
maintain insurance coverage to pay such claims or 117
judgments; requiring the department to notify the 118
Division of Law Revision upon enactment of the compact 119
into law by 10 states; providing a contingent 120
effective date. 121
122
Be It Enacted by the Legislature of the State of Florida: 123
124
Section 1. Section 491.017, Florida Statutes, is created 125
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 6 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to read: 126
491.017 Professional Counselors Licensure Compact. —The 127
Professional Counselors Licensure Compact is hereby enacted and 128
entered into by this state with all other jurisdictions legally 129
joining therein in the form substantially as follows: 130
131
ARTICLE I 132
PURPOSE 133
The compact is designed to achieve the following purposes 134
and objectives: 135
(1) Facilitate interstate practice of licensed 136
professional counseling to increase public access to 137
professional counseling services by providing for the mutual 138
recognition of other member state licenses. 139
(2) Enhance the member states' ability to protect the 140
public's health and safety. 141
(3) Encourage the cooperation of member states in 142
regulating multistate pra ctice of licensed professional 143
counselors. 144
(4) Support spouses of relocating active duty military 145
personnel. 146
(5) Facilitate the exchange of information between member 147
states regarding licensure, investigations, adverse actions, and 148
disciplinary history of licensed professional counselors. 149
(6) Allow for the use of telehealth technology to 150
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 7 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
facilitate increased access to professional counseling services. 151
(7) Support the uniformity of professional counseling 152
licensure requirements throughout member states to promote 153
public safety and public health benefits. 154
(8) Provide member states with the authority to hold a 155
licensed professional counselor accountable for meeting all 156
state practice laws in the state in which the client is located 157
at the time care is rendered through the mutual recognition of 158
member state licenses. 159
(9) Eliminate the necessity for licensed professional 160
counselors to hold licenses in multiple states and provide 161
opportunities for interstate practice by licensed professional 162
counselors who meet uniform licensure requirements. 163
164
ARTICLE II 165
DEFINITIONS 166
As used in this compact, the term: 167
(1) "Active duty military" means full -time duty status in 168
the active uniformed service of the United States, including, 169
but not limited to, members o f the National Guard and Reserve on 170
active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211. 171
(2) "Adverse action" means any administrative, civil, or 172
criminal action authorized by a state's laws which is imposed by 173
a licensing board or other auth ority against a licensed 174
professional counselor, including actions against an 175
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 8 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
individual's license or privilege to practice, such as 176
revocation, suspension, probation, monitoring of the licensee, 177
limitation on the licensee's practice, issuance of a cease a nd 178
desist action, or any other encumbrance on licensure affecting a 179
licensed professional counselor's authorization to practice. 180
(3) "Alternative program" means a nondisciplinary 181
monitoring or practice remediation process approved by a 182
professional counseling licensing board to address impaired 183
practitioners. 184
(4) "Continuing education" means a requirement, as a 185
condition of license renewal, to participate in or complete 186
educational and professional activities relevant to the 187
licensee's practice or area of work. 188
(5) "Counseling Compact Commission" or "commission" means 189
the national administrative body whose membership consists of 190
all states that have enacted the compact. 191
(6) "Current significant investigative information" means: 192
(a) Investigative in formation that a licensing board, 193
after a preliminary inquiry that includes notification and an 194
opportunity for the licensed professional counselor to respond, 195
if required by state law, has reason to believe is not 196
groundless and, if proved true, would ind icate more than a minor 197
infraction; or 198
(b) Investigative information that indicates that the 199
licensed professional counselor represents an immediate threat 200
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 9 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to public health and safety, regardless of whether the licensed 201
professional counselor has been no tified and had an opportunity 202
to respond. 203
(7) "Data system" means a repository of information about 204
licensees, including, but not limited to, information relating 205
to continuing education, examinations, licensure statuses, 206
investigations, the privilege to practice, and adverse actions. 207
(8) "Encumbered license" means a license in which an 208
adverse action restricts the practice of licensed professional 209
counseling by the licensee and said adverse action has been 210
reported to the National Practitioner Data Ban k. 211
(9) "Encumbrance" means a revocation or suspension of, or 212
any limitation on, the full and unrestricted practice of 213
licensed professional counseling by a licensing board. 214
(10) "Executive committee" means a group of directors 215
elected or appointed to a ct on behalf of, and within the powers 216
granted to them by, the commission. 217
(11) "Home state" means the member state that is the 218
licensee's primary state of residence. 219
(12) "Impaired practitioner" means an individual who has a 220
condition that may impair his or her ability to safely practice 221
as a licensed professional counselor without intervention. Such 222
impairment may include, but is not limited to, alcohol or drug 223
dependence, mental health conditions, and neurological or 224
physical conditions. 225
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 10 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(13) "Investigative information" means information, 226
records, or documents received or generated by a professional 227
counseling licensing board pursuant to an investigation. 228
(14) "Jurisprudence requirement," if required by a member 229
state, means the assessment of an i ndividual's knowledge of the 230
laws and rules governing the practice of professional counseling 231
in a state. 232
(15) "Licensed professional counselor" means a mental 233
health counselor licensed under chapter 491 or a counselor 234
licensed by a member state, regardl ess of the title used by that 235
state, to independently assess, diagnose, and treat behavioral 236
health conditions. 237
(16) "Licensee" means an individual who currently holds an 238
authorization from the state to practice as a licensed 239
professional counselor. 240
(17) "Licensing board" means the agency of a state, or 241
equivalent, that is responsible for the licensing and regulation 242
of licensed professional counselors. 243
(18) "Member state" means a state that has enacted the 244
compact. 245
(19) "Privilege to practice" mean s a legal authorization, 246
which is equivalent to a license, authorizing the practice of 247
professional counseling in a remote state. 248
(20) "Professional counseling" means the assessment, 249
diagnosis, and treatment of behavioral health conditions by a 250
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 11 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
licensed professional counselor. 251
(21) "Remote state" means a member state, other than the 252
home state, where a licensee is exercising or seeking to 253
exercise the privilege to practice. 254
(22) "Rule" means a regulation adopted by the commission 255
which has the force o f law. 256
(23) "Single state license" means a licensed professional 257
counselor license issued by a member state which authorizes 258
practice only within the issuing state and does not include a 259
privilege to practice in any other member state. 260
(24) "State" means any state, commonwealth, district, or 261
territory of the United States of America which regulates the 262
practice of professional counseling. 263
(25) "Telehealth" means the application of 264
telecommunication technology to deliver professional counseling 265
services remotely to assess, diagnose, and treat behavioral 266
health conditions. 267
(26) "Unencumbered license" means a license that 268
authorizes a licensed professional counselor to engage in the 269
full and unrestricted practice of professional counseling. 270
271
ARTICLE III 272
STATE PARTICIPATION 273
(1) To participate in the compact, a state must currently 274
do all of the following: 275
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 12 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) License and regulate licensed professional counselors. 276
(b) Require licensees to pass a nationally recognized exam 277
approved by the commissio n. 278
(c) Require licensees to have a 60 semester hour, or 90 279
quarter hour, master's degree in counseling or 60 semester 280
hours, or 90 quarter hours, of graduate coursework including all 281
of the following topic areas: 282
1. Professional counseling orientation and ethical 283
practice. 284
2. Social and cultural diversity. 285
3. Human growth and development. 286
4. Career development. 287
5. Counseling and helping relationships. 288
6. Group counseling and group work. 289
7. Diagnosis, assessment, testing, and treatment. 290
8. Research and program evaluation. 291
9. Other areas as determined by the commission. 292
(d) Require licensees to complete a supervised 293
postgraduate professional experience as defined by the 294
commission. 295
(e) Have a mechanism in place for receiving and 296
investigating complaints about licensees. 297
(2) A member state shall do all of the following: 298
(a) Participate fully in the commission's data system, 299
including using the commission's unique identifier as defined in 300
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 13 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
rules adopted by the commission. 301
(b) Notify the commission, in compliance with the terms of 302
the compact and rules adopted by the commission, of any adverse 303
action or the availability of investigative information 304
regarding a licensee. 305
(c) Implement or utilize procedures for considering the 306
criminal history records of applicants for an initial privilege 307
to practice. These procedures must include the submission of 308
fingerprints or other biometric -based information by applicants 309
for the purpose of obtaining an applicant's criminal history 310
record information from the Federal Bureau of Investigation and 311
the agency responsible for retaining that state's criminal 312
records. 313
1. A member state must fully implement a criminal 314
background check requirement, within a timeframe established by 315
rule, by receiving the results of the Federal Bureau of 316
Investigation record search and shall use the results in making 317
licensure decisions. 318
2. Communication between a member state and the commission 319
and among member states regarding the verification of 320
eligibility for licensu re through the compact may not include 321
any information received from the Federal Bureau of 322
Investigation relating to a federal criminal records check 323
performed by a member state under Public Law 92 -544. 324
(d) Comply with the rules adopted by the commission . 325
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 14 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(e) Require an applicant to obtain or retain a license in 326
the home state and meet the home state's qualifications for 327
licensure or renewal of licensure, as well as all other 328
applicable state laws. 329
(f) Grant the privilege to practice to a licensee hol ding 330
a valid unencumbered license in another member state in 331
accordance with the terms of the compact and rules adopted by 332
the commission. 333
(g) Provide for the attendance of the state's commissioner 334
at the commission meetings. 335
(3) Individuals not residi ng in a member state may 336
continue to apply for a member state's single state license as 337
provided under the laws of each member state. However, the 338
single state license granted to these individuals may not be 339
recognized as granting a privilege to practice p rofessional 340
counseling under the compact in any other member state. 341
(4) Nothing in this compact affects the requirements 342
established by a member state for the issuance of a single state 343
license. 344
(5) A professional counselor license issued by a home 345
state to a resident of that state must be recognized by each 346
member state as authorizing that licensed professional counselor 347
to practice professional counseling, under a privilege to 348
practice, in each member state. 349
350
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 15 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ARTICLE IV 351
PRIVILEGE TO PRACTICE 352
(1) To exercise the privilege to practice under the terms 353
and provisions of the compact, the licensee must meet all of the 354
following criteria: 355
(a) Hold a license in the home state. 356
(b) Have a valid United States Social Security Number or 357
national provider ide ntifier. 358
(c) Be eligible for a privilege to practice in any member 359
state in accordance with subsections (4), (7), and (8). 360
(d) Have not had any encumbrance or restriction against 361
any license or privilege to practice within the preceding 2 362
years. 363
(e) Notify the commission that the licensee is seeking the 364
privilege to practice within a remote state. 365
(f) Meet any continuing education requirements established 366
by the home state. 367
(g) Meet any jurisprudence requirements established by the 368
remote state in which the licensee is seeking a privilege to 369
practice. 370
(h) Report to the commission any adverse action, 371
encumbrance, or restriction on a license taken by any nonmember 372
state within 30 days after the action is taken. 373
(2) The privilege to practice is va lid until the 374
expiration date of the home state license. The licensee must 375
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 16 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
continue to meet the criteria specified in subsection (1) to 376
renew the privilege to practice in the remote state. 377
(3) For purposes of the compact, the practice of 378
professional counseling occurs in the state where the client is 379
located at the time of the counseling services. The compact does 380
not affect the regulatory authority of states to protect public 381
health and safety through their own system of state licensure. 382
(4) A licensee providing professional counseling in a 383
remote state under the privilege to practice must adhere to the 384
laws and regulations of the remote state. 385
(5) A licensee providing professional counseling services 386
in a remote state is subject to that state's regulatory 387
authority. A remote state may, in accordance with due process 388
and that state's laws, remove a licensee's privilege to practice 389
in the remote state for a specified period of time, impose 390
fines, or take any other action necessary to protect the he alth 391
and safety of its residents. The licensee may be ineligible for 392
a privilege to practice in any member state until the specific 393
time for removal has passed and all fines are paid. 394
(6) If a home state license is encumbered, a licensee 395
loses the privilege to practice in any remote state until both 396
of the following conditions are met: 397
(a) The home state license is no longer encumbered. 398
(b) The licensee has not had any encumbrance or 399
restriction against any license or privilege to practice within 400
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 17 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the preceding 2 years. 401
(7) Once an encumbered license in the licensee's home 402
state is restored to good standing, the licensee may obtain a 403
privilege to practice in any remote state if he or she meets the 404
requirements of subsection (1). 405
(8) If a licensee's privilege to practice in any remote 406
state is removed, the individual may lose the privilege to 407
practice in all other remote states until all of the following 408
conditions are met: 409
(a) The specified period of time for which the privilege 410
to practice was removed has ended. 411
(b) The licensee has paid all fines imposed. 412
(c) The licensee has not had any encumbrance or 413
restriction against any license or privilege to practice within 414
the preceding 2 years. 415
(9) Once the requirements of subsection (8) have been met, 416
the licensee may obtain a privilege to practice in a remote 417
state if he or she meets the requirements in subsection (1). 418
419
ARTICLE V 420
OBTAINING A NEW HOME STATE LICENSE BASED ON A 421
PRIVILEGE TO PRACTICE 422
(1) A licensed professional counselor may hold a home 423
state license, which allows for a privilege to practice in other 424
member states, in only one member state at a time. 425
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 18 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) If a licensed professional counselor changes his or 426
her primary state of residence by moving between two member 427
states, then the licensed professional counselor must file an 428
application for obtaining a new home state license based on a 429
privilege to practice and notify the current and new home state 430
in accordance with applicable rules adopted by the commission. 431
(3) Upon receipt of an application for obtaining a new 432
home state license based on a privilege to practice, the new 433
home state must verify that the licensed professional counselor 434
meets the criteria outlined in article IV through the data 435
system. The new home state does not need to seek primary source 436
verification for information obtained from the data system, 437
except for the following: 438
(a) A Federal Bureau of Investigation fingerprint -based 439
criminal background check, if not previously performed or 440
updated pursuant to applic able rules adopted by the commission 441
in accordance with Public Law 92 -544; 442
(b) Any other criminal background check as required by the 443
new home state; and 444
(c) Proof of completion of any requisite jurisprudence 445
requirements of the new home state. 446
(4) The former home state shall convert the former home 447
state license into a privilege to practice once the new home 448
state has activated the new home state license in accordance 449
with applicable rules adopted by the commission. 450
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 19 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(5) Notwithstanding any other pr ovision of the compact, if 451
the licensed professional counselor does not meet the criteria 452
in article IV, the new home state may apply its own requirements 453
for issuing a new single state license. 454
(6) If a licensed professional counselor changes his or 455
her primary state of residence by moving from a member state to 456
a nonmember state or from a nonmember state to a member state, 457
the new state's own criteria apply for issuance of a single 458
state license in the new state. 459
(7) The compact does not interfere wit h a licensee's 460
ability to hold a single state license in multiple states. 461
However, for the purposes of the compact, a licensee may have 462
only one home state license. 463
(8) The compact does not affect the requirements 464
established by a member state for the is suance of a single state 465
license. 466
467
ARTICLE VI 468
ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 469
Active duty military personnel, or their spouse, shall 470
designate a home state where the individual has a current 471
license in good standing. The individual may re tain the home 472
state license designation during the period the service member 473
is on active duty. Subsequent to designating a home state, the 474
individual may change his or her home state only through 475
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 20 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
application for licensure in the new state or through the 476
process outlined in article V. 477
478
ARTICLE VII 479
COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 480
(1) Member states shall recognize the right of a licensed 481
professional counselor, licensed by a home state in accordance 482
with article III and under rules adopted by the commission, to 483
practice professional counseling in any member state through 484
telehealth under a privilege to practice as provided in the 485
compact and rules adopted by the commission. 486
(2) A licensee providing professional counseling services 487
in a remote state through telehealth under the privilege to 488
practice must adhere to the laws and rules of the remote state. 489
490
ARTICLE VIII 491
ADVERSE ACTIONS 492
(1) In addition to the other powers conferred by state 493
law, a remote state has the authority, in accordance with 494
existing state due process law, to do any of the following: 495
(a) Take adverse action against a licensed professional 496
counselor's privilege to practice within that member state. 497
(b) Issue subpoenas for both hearings and investigations 498
that require the atte ndance and testimony of witnesses or the 499
production of evidence. Subpoenas issued by a licensing board in 500
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 21 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a member state for the attendance and testimony of witnesses or 501
the production of evidence from another member state must be 502
enforced in the latter st ate by any court of competent 503
jurisdiction, according to the practice and procedure of that 504
court applicable to subpoenas issued in proceedings pending 505
before it. The issuing authority shall pay any witness fees, 506
travel expenses, mileage, and other fees re quired by the service 507
statutes of the state in which the witnesses or evidence is 508
located. 509
(2) Only the home state has the power to take adverse 510
action against a licensed professional counselor's license 511
issued by the home state. 512
(3) For purposes of ta king adverse action, the home state 513
shall give the same priority and effect to reported conduct 514
received from a member state as it would if the conduct had 515
occurred within the home state. The home state shall apply its 516
own state laws to determine appropria te action in such cases. 517
(4) The home state shall complete any pending 518
investigations of a licensed professional counselor who changes 519
primary state of residence during the course of the 520
investigations. The home state may also take appropriate action 521
and shall promptly report the conclusions of the investigations 522
to the administrator of the data system. The administrator of 523
the data system shall promptly notify the new home state of any 524
adverse actions. 525
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 22 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(5) A member state, if authorized by state law, ma y 526
recover from the affected licensed professional counselor the 527
costs of investigations and dispositions of any cases resulting 528
from adverse action taken against that licensed professional 529
counselor. 530
(6) A member state may take adverse action against a 531
licensed professional counselor based on the factual findings of 532
a remote state, provided that the member state follows its own 533
statutory procedures for taking adverse action. 534
(7)(a) In addition to the authority granted to a member 535
state by its respective professional counseling practice act or 536
other applicable state law, any member state may participate 537
with other member states in joint investigations of licensees. 538
(b) Member states shall share any investigative, 539
litigation, or compliance materials in f urtherance of any joint 540
or individual investigation initiated under the compact. 541
(8) If adverse action is taken by the home state against 542
the license of a professional counselor, the licensed 543
professional counselor's privilege to practice in all other 544
member states must be deactivated until all encumbrances have 545
been removed from the home state license. All home state 546
disciplinary orders that impose adverse action against the 547
license of a professional counselor must include a statement 548
that the licensed professional counselor's privilege to practice 549
is deactivated in all member states while the order is in 550
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 23 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
effect. 551
(9) If a member state takes adverse action, it must 552
promptly notify the administrator of the data system. The 553
administrator shall promptly not ify the licensee's home state of 554
any adverse actions by remote states. 555
(10) Nothing in the compact overrides a member state's 556
decision to allow a licensed professional counselor to 557
participate in an alternative program in lieu of adverse action. 558
559
ARTICLE IX 560
ESTABLISHMENT OF COUNSELING COMPACT COMMISSION 561
(1) COMMISSION CREATED. —The compact member states hereby 562
create and establish a joint public agency known as the 563
Counseling Compact Commission. 564
(a) The commission is an instrumentality of the compact 565
states. 566
(b) Venue is proper, and judicial proceedings by or 567
against the commission shall be brought solely and exclusively 568
in a court of competent jurisdiction where the principal office 569
of the commission is located. The commission may waive venue and 570
jurisdictional defenses to the extent that it adopts or consents 571
to participate in alternative dispute resolution proceedings. 572
(c) Nothing in the compact may be construed to be a waiver 573
of sovereign immunity. 574
(2) MEMBERSHIP.— 575
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 24 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) The commission shall c onsist of one voting delegate, 576
appointed by each member state's licensing board. The 577
commission, by rule, shall establish a term of office for 578
delegates and may establish term limits. 579
(b) The delegate must be either: 580
1. A current member of the licensing board at the time of 581
appointment, who is a licensed professional counselor or public 582
member; or 583
2. An administrator of the licensing board. 584
(c) A delegate may be removed or suspended from office as 585
provided by the law of the state from which the delegate is 586
appointed. 587
(d) The member state licensing board must fill any vacancy 588
occurring on the commission within 60 days. 589
(e) Each delegate is entitled to one vote with regard to 590
the adoption of rules and creation of bylaws and shall otherwise 591
participate in the business and affairs of the commission. 592
(f) A delegate shall vote in person or by such other means 593
as provided in the bylaws. The bylaws may provide for delegates' 594
participation in meetings by telephone or other means of 595
communication. 596
(3) MEETINGS OF THE COMMISSION. — 597
(a) The commission shall meet at least once during each 598
calendar year. Additional meetings must be held as set forth in 599
the bylaws. 600
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 25 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) All meetings must be open to the public, and public 601
notice of meetings must be g iven in the same manner as required 602
under the rulemaking provisions in article XI. 603
(c) The commission or the executive committee or other 604
committees of the commission may convene in a closed, nonpublic 605
meeting if the commission or executive committee or other 606
committees of the commission must discuss any of the following: 607
1. Noncompliance of a member state with its obligations 608
under the compact. 609
2. The employment, compensation, discipline, or other 610
matters, practices, or procedures related to specific employees, 611
or other matters related to the commission's internal personnel 612
practices and procedures. 613
3. Current, threatened, or reasonably anticipated 614
litigation. 615
4. Negotiation of contracts for the purchase, lease, or 616
sale of goods, services, or real estate. 617
5. Accusing any person of a crime or formally censuring 618
any person. 619
6. Disclosure of trade secrets or commercial or financial 620
information that is privileged or confidential. 621
7. Disclosure of information of a personal nature if 622
disclosure would constitute a clearly unwarranted invasion of 623
personal privacy. 624
8. Disclosure of investigative records compiled for law 625
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 26 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
enforcement purposes. 626
9. Disclosure of information related to any investigative 627
reports prepared by or on behalf of or for use of the commission 628
or other committee charged with responsibility of investigation 629
or determination of compliance issues pursuant to the compact. 630
10. Matters specifically exempted from disclosure by 631
federal or member state law. 632
(d) If a meeting, or portion of a meeting, is closed under 633
this subsection, the commission's legal counsel or designee must 634
certify that the meeting may be closed and must reference each 635
relevant exempting provision. 636
(e) The commission shall keep minutes that fully and 637
clearly describe all matters discussed in a meeting and shall 638
provide a full and accurate summary of actions taken, and the 639
reasons therefore, including a description of the views 640
expressed. All documents considered in connection with an action 641
must be identified in s uch minutes. All minutes and documents of 642
a closed meeting must remain under seal, subject to release by a 643
majority vote of the commission or order of a court of competent 644
jurisdiction. 645
(4) POWERS.—The commission may do any of the following: 646
(a) Establish the fiscal year of the commission. 647
(b) Establish bylaws. 648
(c) Maintain its financial records in accordance with the 649
bylaws. 650
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 27 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) Meet and take actions that are consistent with the 651
compact and bylaws. 652
(e) Adopt rules that are binding to the extent and in the 653
manner provided for in the compact. 654
(f) Initiate and prosecute legal proceedings or actions in 655
the name of the commission, provided that the standing of any 656
state licensing board to sue or be sued under applicable law is 657
not affected. 658
(g) Purchase and maintain insurance and bonds. 659
(h) Borrow, accept, or contract for services of personnel, 660
including, but not limited to, employees of a member state. 661
(i) Hire employees and elect or appoint officers; fix 662
compensation for, define duties of, and grant appropriate 663
authority to such employees and officers to carry out the 664
purposes of the compact; and establish the commission's 665
personnel policies and programs relating to conflicts of 666
interest, qualifications of personnel, and other related 667
personnel matters. 668
(j) Accept any and all appropriate donations and grants of 669
money, equipment, supplies, materials, and services, and 670
receive, utilize, and dispose of the same, provided that at all 671
times the commission avoids any appearance of impropriety or 672
conflict of interest. 673
(k) Lease, purchase, accept appropriate gifts or donations 674
of, or otherwise own, hold, improve, or use, any property, real, 675
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 28 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
personal, or mixed, provided that at all times the commission 676
avoids any appearance of impropriety or confli ct of interest. 677
(l) Sell, convey, mortgage, pledge, lease, exchange, 678
abandon, or otherwise dispose of any property, real, personal, 679
or mixed. 680
(m) Establish a budget and make expenditures. 681
(n) Borrow money. 682
(o) Appoint committees, including standing committees 683
consisting of commission members, state regulators, state 684
legislators or their representatives, and consumer 685
representatives, and such other interested persons as may be 686
designated in the compact and bylaws. 687
(p) Provide information to, receiv e information from, and 688
cooperate with law enforcement agencies. 689
(q) Establish and elect an executive committee. 690
(r) Perform any other function that may be necessary or 691
appropriate to achieve the purposes of the compact and is 692
consistent with the state regulation of professional counseling 693
licensure and practice. 694
(5) THE EXECUTIVE COMMITTEE. — 695
(a) The executive committee may act on behalf of the 696
commission according to the terms of the compact and shall 697
consist of up to 11 members, as follows: 698
1. Seven voting members who are elected by the commission 699
from the current membership of the commission. 700
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 29 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Up to four ex officio, nonvoting members from four 701
recognized national professional counselor organizations. The ex 702
officio members shall be selected by their respective 703
organizations. 704
(b) The commission may remove any member of the executive 705
committee as provided in its bylaws. 706
(c) The executive committee shall meet at least annually. 707
(d) The executive committee shall do all of the following: 708
1. Make recommendations to the commission for any changes 709
to the rules, bylaws, or compact legislation. 710
2. Ensure compact administration services are 711
appropriately provided, contractually or otherwise. 712
3. Prepare and recommend the budget. 713
4. Maintain financial records on behalf of the commission. 714
5. Monitor compact compliance of member states and provide 715
compliance reports to the commission. 716
6. Establish additional committees as necessary. 717
7. Perform any other duties provided for in the rules or 718
bylaws. 719
(6) FINANCING OF THE COMMISSION. — 720
(a) The commission shall pay, or provide for the payment 721
of, the reasonable expenses of its establishment, organization, 722
and ongoing activities. 723
(b) The commission may accept any appropriate revenue 724
sources, donations, or grants of money, equipment, supplies, 725
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 30 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
materials, or services. 726
(c) The commission may not incur obligations of any kind 727
before securing the funds adequate to meet the same; nor may the 728
commission pledge the credit of any of the member states, except 729
by and with the authority of the member state. 730
(d) The commission shall keep accurate accounts of all 731
receipts and disbursements. The receipts and disbursements of 732
the commission are subject to the audit and accounting 733
procedures established under its bylaws. However, all receipts 734
and disbursements of funds handled by the commission must be 735
audited annually by a certified or licensed public accountant, 736
and the report of the audit mus t be included in and become part 737
of the annual report of the commission. 738
(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. — 739
(a) The members, officers, executive director, employees, 740
and representatives of the commission are immune from suit and 741
liability, either personally or in their official capacity, for 742
any claim for damage to or loss of property or personal injury 743
or other civil liability caused by or arising out of any actual 744
or alleged act, error, or omission that occurred, or that the 745
person against whom the claim is made had a reasonable basis for 746
believing occurred, within the scope of commission employment, 747
duties, or responsibilities. This paragraph may not be construed 748
to protect any such person from suit or liability for any 749
damage, loss, injury, or liability caused by the intentional or 750
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 31 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
willful or wanton misconduct of that person. 751
(b) The commission shall defend any member, officer, 752
executive director, employee, or representative of the 753
commission in any civil action seeking to impose liability 754
arising out of any actual or alleged act, error, or omission 755
that occurred, or that the person against whom the claim is made 756
had a reasonable basis for believing occurred, within the scope 757
of commission employment, duties, or responsibilities, provided 758
that the actual or alleged act, error, or omission did not 759
result from that person's intentional or willful or wanton 760
misconduct. This paragraph may not be construed to prohibit that 761
person from retaining his or her own counsel. 762
(c) The commission shall indemnify and hold harmless any 763
member, officer, executive director, employee, or representative 764
of the commission for the amount of any settlement or judgment 765
obtained against that person arising out of any actual or 766
alleged act, error, or omissi on that occurred, or that such 767
person had a reasonable basis for believing occurred, within the 768
scope of commission employment, duties, or responsibilities, 769
provided that the actual or alleged act, error, or omission did 770
not result from the intentional or willful or wanton misconduct 771
of that person. 772
773
ARTICLE X 774
DATA SYSTEM 775
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 32 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) The commission shall provide for the development, 776
operation, and maintenance of a coordinated database and 777
reporting system containing licensure, adverse action, and 778
investigative information on all licensed professional 779
counselors in member states. 780
(2) Notwithstanding any other provision of state law to 781
the contrary, a member state shall submit a uniform data set to 782
the data system on all licensees to whom the compact is 783
applicable, as required by the rules of the commission, 784
including all of the following: 785
(a) Identifying information. 786
(b) Licensure data. 787
(c) Adverse actions against a license or privilege to 788
practice. 789
(d) Nonconfidential information related to alternative 790
program participation. 791
(e) Any denial of application for licensure and the reason 792
for such denial. 793
(f) Current significant investigative information. 794
(g) Other information that may facilitate the 795
administration of the compact, as determined by the rule s of the 796
commission. 797
(3) Investigative information pertaining to a licensee in 798
any member state may be made available only to other member 799
states. 800
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 33 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) The commission shall promptly notify all member states 801
of any adverse action taken against a licensee or an individual 802
applying for a license. Adverse action information pertaining to 803
a licensee in any member state must be made available to any 804
other member state. 805
(5) Member states reporting information to the data system 806
may designate information that may not be shared with the public 807
without the express permission of the reporting state. 808
(6) Any information submitted to the data system which is 809
subsequently required to be expunged by the laws of the member 810
state reporting the information must be remo ved from the data 811
system. 812
813
ARTICLE XI 814
RULEMAKING 815
(1) The commission shall adopt reasonable rules to 816
effectively and efficiently achieve the purposes of the compact. 817
If, however, the commission exercises its rulemaking authority 818
in a manner that is beyond the scope of the purposes of the 819
compact, or the powers granted hereunder, then such an action by 820
the commission is invalid and has no force or effect. 821
(2) The commission shall exercise its rulemaking powers 822
pursuant to the criteria set forth in this ar ticle and the rules 823
adopted thereunder. Rules and amendments become binding as of 824
the date specified in each rule or amendment. 825
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 34 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) If a majority of the legislatures of the member states 826
rejects a rule by enactment of a statute or resolution in the 827
same manner used to adopt the compact within 4 years after the 828
date of adoption of the rule, such rule does not have further 829
force and effect in any member state. 830
(4) Rules or amendments to the rules must be adopted at a 831
regular or special meeting of the comm ission. 832
(5) Before adoption of a final rule by the commission, and 833
at least 30 days in advance of the meeting at which the rule 834
will be considered and voted upon, the commission shall file a 835
notice of proposed rulemaking: 836
(a) On the website of the comm ission or other publicly 837
accessible platform; and 838
(b) On the website of each member state's professional 839
counseling licensing board or other publicly accessible platform 840
or in the publication in which each state would otherwise 841
publish proposed rules. 842
(6) The notice of proposed rulemaking must include: 843
(a) The proposed time, date, and location of the meeting 844
in which the rule will be considered and voted upon; 845
(b) The text of the proposed rule or amendment and the 846
reason for the proposed rule; 847
(c) A request for comments on the proposed rule from any 848
interested person; and 849
(d) The manner in which interested persons may submit 850
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 35 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
notice to the commission of their intention to attend the public 851
hearing and any written comments. 852
(7) Before adoption o f a proposed rule, the commission 853
must allow persons to submit written data, facts, opinions, and 854
arguments, which must be made available to the public. 855
(8) The commission shall grant an opportunity for a public 856
hearing before it adopts a rule or an amen dment if a hearing is 857
requested by: 858
(a) At least 25 persons who submit comments independently 859
of each other; 860
(b) A state or federal governmental subdivision or agency; 861
or 862
(c) An association that has at least 25 members. 863
(9) If a hearing is held on the proposed rule or 864
amendment, the commission must publish the place, time, and date 865
of the scheduled public hearing. If the hearing is held through 866
electronic means, the commission must publish the mechanism for 867
access to the electronic hearing. 868
(a) All persons wishing to be heard at the hearing must 869
notify the executive director of the commission or other 870
designated member in writing of their desire to appear and 871
testify at the hearing at least 5 business days before the 872
scheduled date of the hearing. 873
(b) Hearings must be conducted in a manner providing each 874
person who wishes to comment a fair and reasonable opportunity 875
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 36 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to comment orally or in writing. 876
(c) All hearings must be recorded. A copy of the recording 877
must be made available on request. 878
(d) This section may not be construed to require a 879
separate hearing on each rule. Rules may be grouped at hearings 880
required by this section for the convenience of the commission. 881
(10) If the commission does not receive a written notice 882
of intent to attend the public hearing by interested parties, 883
the commission may proceed with adoption of the proposed rule 884
without a public hearing. 885
(11) Following the scheduled hearing date, or by the close 886
of business on the scheduled hearing date if the hearing was not 887
held, the commission shall consider all written and oral 888
comments received. 889
(12) The commission, by majority vote of all members, 890
shall take final action on the proposed rule and shall determine 891
the effective date of the rule based on the rulemaking reco rd 892
and the full text of the rule. 893
(13) Upon determination that an emergency exists, the 894
commission may consider and adopt an emergency rule without 895
prior notice, opportunity for comment, or hearing, provided that 896
the usual rulemaking procedures provided in the compact and in 897
this section are retroactively applied to the rule as soon as 898
reasonably possible, but no later than 90 days after the 899
effective date of the rule. For purposes of this subsection, an 900
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 37 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
emergency rule is one that must be adopted immediat ely in order 901
to: 902
(a) Meet an imminent threat to public health, safety, or 903
welfare; 904
(b) Prevent a loss of commission or member state funds; 905
(c) Meet a deadline for the adoption of an administrative 906
rule established by federal law or rule; or 907
(d) Protect public health and safety. 908
(14) The commission or an authorized committee of the 909
commission may direct revisions to a previously adopted rule or 910
amendment for purposes of correcting typographical errors, 911
errors in format, errors in consistency, or gr ammatical errors. 912
Public notice of any revision must be posted on the website of 913
the commission. Revisions are subject to challenge by any person 914
for a period of 30 days after posting. A revision may be 915
challenged only on grounds that the revision results in a 916
material change to a rule. A challenge must be made in writing 917
and delivered to the chair of the commission before the end of 918
the notice period. If a challenge is not made, the revision 919
takes effect without further action. If a revision is 920
challenged, the revision may not take effect without the 921
approval of the commission. 922
923
ARTICLE XII 924
OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION; 925
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 38 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
DISPUTE RESOLUTION; AND ENFORCEMENT 926
(1) OVERSIGHT.— 927
(a) The executive, legislative, and judicial branches of 928
state government in each member state shall enforce the compact 929
and take all actions necessary and appropriate to effectuate the 930
compact's purposes and intent. The compact and the rules adopted 931
thereunder have standing as statutory law. 932
(b) All courts shall take judicial notice of the compact 933
and the rules in any judicial or administrative proceeding in a 934
member state pertaining to the subject matter of the compact 935
which may affect the powers, responsibilities, or actions of the 936
commission. 937
(c) The commission is entitled to receive service of 938
process in any judicial or administrative proceeding specified 939
in paragraph (b) and has standing to intervene in such a 940
proceeding for all purposes. Failure to provide service of 941
process to the commission renders a judgment or an order void as 942
to the commission, the compact, or adopted rules. 943
(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. — 944
(a) If the commission determines that a member state has 945
defaulted in the performance of its obligations or 946
responsibilities under the compact or adopted rules, the 947
commission must: 948
1. Provide written notice to the defaulting state and 949
other member states of the nature of the default, the proposed 950
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 39 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
means of curing the default, and any other action to be taken by 951
the commission; and 952
2. Provide remedial training and specific technical 953
assistance regarding the default. 954
(b) If a state in default fails to cure the default, the 955
defaulting state may be terminated from the compact upon an 956
affirmative vote of a majority of th e member states, and all 957
rights, privileges, and benefits conferred by the compact are 958
terminated on the effective date of termination. A cure of the 959
default does not relieve the offending state of obligations or 960
liabilities incurred during the period of d efault. 961
(c) Termination of membership in the compact may be 962
imposed only after all other means of securing compliance have 963
been exhausted. The commission shall submit a notice of intent 964
to suspend or terminate a defaulting member state to that 965
state's governor, to the majority and minority leaders of that 966
state's legislature, and to each member state. 967
(d) A member state that has been terminated is responsible 968
for all assessments, obligations, and liabilities incurred 969
through the effective date of termin ation, including obligations 970
that extend beyond the effective date of termination. 971
(e) The commission may not bear any costs related to a 972
member state that is found to be in default or that has been 973
terminated from the compact, unless agreed upon in writ ing 974
between the commission and the defaulting member state. 975
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 40 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f) The defaulting member state may appeal the action of 976
the commission by petitioning the United States District Court 977
for the District of Columbia or the federal district where the 978
commission has its principal offices. The prevailing party must 979
be awarded all costs of such litigation, including reasonable 980
attorney fees. 981
(3) DISPUTE RESOLUTION. — 982
(a) Upon request by a member state, the commission shall 983
attempt to resolve disputes related to t he compact which arise 984
among member states and between member and nonmember states. 985
(b) The commission shall adopt rules providing for both 986
mediation and binding dispute resolution for disputes as 987
appropriate. 988
(4) ENFORCEMENT.— 989
(a) The commission, in the reasonable exercise of its 990
discretion, shall enforce the provisions and rules of the 991
compact. 992
(b) By majority vote, the commission may initiate legal 993
action in the United States District Court for the District of 994
Columbia or the federal district whe re the commission has its 995
principal offices against a member state in default to enforce 996
compliance with the compact and its adopted rules and bylaws. 997
The relief sought may include both injunctive relief and 998
damages. If judicial enforcement is necessary, t he prevailing 999
party must be awarded all costs of such litigation, including 1000
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 41 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
reasonable attorney fees. 1001
(c) The remedies under this article are not the exclusive 1002
remedies to the commission. The commission may pursue any other 1003
remedies available under feder al or state law. 1004
1005
ARTICLE XIII 1006
DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND 1007
ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 1008
(1) The compact becomes effective on the date on which the 1009
compact is enacted into law in the 10th member state. The 1010
provisions that become effective at that time are limited to the 1011
powers granted to the commission relating to assembly and the 1012
adoption of rules. Thereafter, the commission shall meet and 1013
exercise rulemaking powers necessary for implementation and 1014
administration of the compact. 1015
(2) Any state that joins the compact subsequent to the 1016
commission's initial adoption of the rules is subject to the 1017
rules as they exist on the date on which the compact becomes law 1018
in that state. Any rule that has been previous ly adopted by the 1019
commission has the full force and effect of law on the day the 1020
compact becomes law in that state. 1021
(3) Any member state may withdraw from the compact by 1022
enacting a statute repealing the compact. 1023
(a) A member state's withdrawal does not take effect until 1024
6 months after enactment of the repealing statute. 1025
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 42 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) Withdrawal does not affect the continuing requirement 1026
of the withdrawing state's professional counseling licensing 1027
board to comply with the investigative and adverse action 1028
reporting requirements of the compact before the effective date 1029
of withdrawal. 1030
(4) The compact may not be construed to invalidate or 1031
prevent any professional counseling licensure agreement or other 1032
cooperative arrangement between a member state and a nonmember 1033
state which does not conflict with the compact. 1034
(5) The compact may be amended by the member states. An 1035
amendment to the compact is not effective and binding upon any 1036
member state until it is enacted into the laws of all member 1037
states. 1038
1039
ARTICLE XIV 1040
BINDING EFFECT OF COMPACT AND OTHER LAWS 1041
(1) A licensee providing professional counseling services 1042
in a remote state under the privilege to practice shall adhere 1043
to the laws and regulations, including scope of practice, of the 1044
remote state. 1045
(2) The compact does not prevent the enforcement of any 1046
other law of a member state which is not inconsistent with the 1047
compact. 1048
(3) Any laws in a member state which conflict with the 1049
compact are superseded to the extent of the conflict. 1050
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 43 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) Any lawful actions of the c ommission, including all 1051
rules and bylaws properly adopted by the commission, are binding 1052
on the member states. 1053
(5) All permissible agreements between the commission and 1054
the member states are binding in accordance with their terms. 1055
(6) If any provision of the compact exceeds the 1056
constitutional limits imposed on the legislature of any member 1057
state, the provision shall be ineffective to the extent of the 1058
conflict with the constitutional provision in question in that 1059
member state. 1060
1061
ARTICLE XV 1062
CONSTRUCTION AND SEVERABILITY 1063
The compact must be liberally construed so as to effectuate 1064
the purposes thereof. The provisions of the compact are 1065
severable, and if any phrase, clause, sentence, or provision of 1066
the compact is declared to be contrary to the constitution of 1067
any member state or of the United States or the applicability 1068
thereof to any government, agency, person, or circumstance is 1069
held invalid, the validity of the remainder of the compact and 1070
the applicability thereof to any government, agency, person, or 1071
circumstance is not affected thereby. If the compact is held 1072
contrary to the constitution of any member state, the compact 1073
remains in full force and effect as to the remaining member 1074
states and in full force and effect as to the member state 1075
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 44 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
affected as to all severable matters. 1076
Section 2. Subsection (10) of section 456.073, Florida 1077
Statutes, is amended to read: 1078
456.073 Disciplinary proceedings. —Disciplinary proceedings 1079
for each board shall be within the jurisdiction of the 1080
department. 1081
(10) The complaint and all information obtained pursuant 1082
to the investigation by the department are confidential and 1083
exempt from s. 119.07(1) until 10 days after probable cause has 1084
been found to exist by the probable cause panel or by the 1085
department, or until the regula ted professional or subject of 1086
the investigation waives his or her privilege of 1087
confidentiality, whichever occurs first. The department shall 1088
report any significant investigation information relating to a 1089
nurse holding a multistate license to the coordinat ed licensure 1090
information system pursuant to s. 464.0095 , and any significant 1091
investigatory information relating to a health care practitioner 1092
practicing under the Professional Counselors Licensure Compact 1093
to the data system pursuant to s. 491.017 . Upon completion of 1094
the investigation and a recommendation by the department to find 1095
probable cause, and pursuant to a written request by the subject 1096
or the subject's attorney, the department shall provide the 1097
subject an opportunity to inspect the investigative fil e or, at 1098
the subject's expense, forward to the subject a copy of the 1099
investigative file. Notwithstanding s. 456.057, the subject may 1100
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 45 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
inspect or receive a copy of any expert witness report or 1101
patient record connected with the investigation if the subject 1102
agrees in writing to maintain the confidentiality of any 1103
information received under this subsection until 10 days after 1104
probable cause is found and to maintain the confidentiality of 1105
patient records pursuant to s. 456.057. The subject may file a 1106
written response to the information contained in the 1107
investigative file. Such response must be filed within 20 days 1108
of mailing by the department, unless an extension of time has 1109
been granted by the department. This subsection does not 1110
prohibit the department from prov iding such information to any 1111
law enforcement agency or to any other regulatory agency. 1112
Section 3. Subsection (5) of section 456.076, Florida 1113
Statutes, is amended to read: 1114
456.076 Impaired practitioner programs. — 1115
(5) A consultant shall enter into a participant contract 1116
with an impaired practitioner and shall establish the terms of 1117
monitoring and shall include the terms in a participant 1118
contract. In establishing the terms of monitoring, the 1119
consultant may consider the recommendations of one or more 1120
approved evaluators, treatment programs, or treatment providers. 1121
A consultant may modify the terms of monitoring if the 1122
consultant concludes, through the course of monitoring, that 1123
extended, additional, or amended terms of monitoring are 1124
required for the protection of the health, safety, and welfare 1125
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 46 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the public. If the impaired practitioner is a health care 1126
practitioner practicing under the Professional Counselors 1127
Licensure Compact pursuant to s. 491.017, the terms of the 1128
monitoring contract must include t he impaired practitioner's 1129
withdrawal from all practice under the compact. 1130
Section 4. Subsection (8) is added to section 491.004, 1131
Florida Statutes, to read: 1132
491.004 Board of Clinical Social Work, Marriage and Family 1133
Therapy, and Mental Health Counsel ing.— 1134
(8) The board shall appoint an individual to serve as the 1135
state's delegate on the Counseling Compact Commission, as 1136
required under s. 491.017. 1137
Section 5. Subsection (6) is added to section 491.005, 1138
Florida Statutes, to read: 1139
491.005 Licensure by examination.— 1140
(6) EXEMPTION.—A person licensed as a clinical social 1141
worker, marriage and family therapist, or mental health 1142
counselor in another state who is practicing under the 1143
Professional Counselors Licensure Compact pursuant to s. 1144
491.017, and only within the scope provided therein, is exempt 1145
from the licensure requirements of this section, as applicable. 1146
Section 6. Subsection (3) is added to section 491.006, 1147
Florida Statutes, to read: 1148
491.006 Licensure or certification by endorsement. — 1149
(3) A person licensed as a clinical social worker, 1150
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 47 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
marriage and family therapist, or mental health counselor in 1151
another state who is practicing under the Professional 1152
Counselors Licensure Compact pursuant to s. 491.017, and only 1153
within the scope provided th erein, is exempt from the licensure 1154
requirements of this section, as applicable. 1155
Section 7. Section 491.009, Florida Statutes, is amended 1156
to read: 1157
491.009 Discipline. — 1158
(1) The following acts constitute grounds for denial of a 1159
license or disciplinar y action, as specified in s. 456.072(2) or 1160
s. 491.017: 1161
(a) Attempting to obtain, obtaining, or renewing a 1162
license, registration, or certificate under this chapter by 1163
bribery or fraudulent misrepresentation or through an error of 1164
the board or the departme nt. 1165
(b) Having a license, registration, or certificate to 1166
practice a comparable profession revoked, suspended, or 1167
otherwise acted against, including the denial of certification 1168
or licensure by another state, territory, or country. 1169
(c) Being convicted o r found guilty of, regardless of 1170
adjudication, or having entered a plea of nolo contendere to, a 1171
crime in any jurisdiction which directly relates to the practice 1172
of his or her profession or the ability to practice his or her 1173
profession. However, in the cas e of a plea of nolo contendere, 1174
the board shall allow the person who is the subject of the 1175
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 48 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
disciplinary proceeding to present evidence in mitigation 1176
relevant to the underlying charges and circumstances surrounding 1177
the plea. 1178
(d) False, deceptive, or misle ading advertising or 1179
obtaining a fee or other thing of value on the representation 1180
that beneficial results from any treatment will be guaranteed. 1181
(e) Advertising, practicing, or attempting to practice 1182
under a name other than one's own. 1183
(f) Maintaining a professional association with any person 1184
who the applicant, licensee, registered intern, or 1185
certificateholder knows, or has reason to believe, is in 1186
violation of this chapter or of a rule of the department or the 1187
board. 1188
(g) Knowingly aiding, assisting, procuring, or advising 1189
any nonlicensed, nonregistered, or noncertified person to hold 1190
himself or herself out as licensed, registered, or certified 1191
under this chapter. 1192
(h) Failing to perform any statutory or legal obligation 1193
placed upon a person licensed , registered, or certified under 1194
this chapter. 1195
(i) Willfully making or filing a false report or record; 1196
failing to file a report or record required by state or federal 1197
law; willfully impeding or obstructing the filing of a report or 1198
record; or inducing a nother person to make or file a false 1199
report or record or to impede or obstruct the filing of a report 1200
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 49 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or record. Such report or record includes only a report or 1201
record which requires the signature of a person licensed, 1202
registered, or certified under this chapter. 1203
(j) Paying a kickback, rebate, bonus, or other 1204
remuneration for receiving a patient or client, or receiving a 1205
kickback, rebate, bonus, or other remuneration for referring a 1206
patient or client to another provider of mental health care 1207
services or to a provider of health care services or goods; 1208
referring a patient or client to oneself for services on a fee -1209
paid basis when those services are already being paid for by 1210
some other public or private entity; or entering into a 1211
reciprocal referral agreemen t. 1212
(k) Committing any act upon a patient or client which 1213
would constitute sexual battery or which would constitute sexual 1214
misconduct as defined pursuant to s. 491.0111. 1215
(l) Making misleading, deceptive, untrue, or fraudulent 1216
representations in the prac tice of any profession licensed, 1217
registered, or certified under this chapter. 1218
(m) Soliciting patients or clients personally, or through 1219
an agent, through the use of fraud, intimidation, undue 1220
influence, or a form of overreaching or vexatious conduct. 1221
(n) Failing to make available to a patient or client, upon 1222
written request, copies of tests, reports, or documents in the 1223
possession or under the control of the licensee, registered 1224
intern, or certificateholder which have been prepared for and 1225
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 50 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
paid for by the patient or client. 1226
(o) Failing to respond within 30 days to a written 1227
communication from the department or the board concerning any 1228
investigation by the department or the board, or failing to make 1229
available any relevant records with respect to any inv estigation 1230
about the licensee's, registered intern's, or 1231
certificateholder's conduct or background. 1232
(p) Being unable to practice the profession for which he 1233
or she is licensed, registered, or certified under this chapter 1234
with reasonable skill or competen ce as a result of any mental or 1235
physical condition or by reason of illness; drunkenness; or 1236
excessive use of drugs, narcotics, chemicals, or any other 1237
substance. In enforcing this paragraph, upon a finding by the 1238
State Surgeon General, the State Surgeon Ge neral's designee, or 1239
the board that probable cause exists to believe that the 1240
licensee, registered intern, or certificateholder is unable to 1241
practice the profession because of the reasons stated in this 1242
paragraph, the department shall have the authority to compel a 1243
licensee, registered intern, or certificateholder to submit to a 1244
mental or physical examination by psychologists, physicians, or 1245
other licensees under this chapter, designated by the department 1246
or board. If the licensee, registered intern, or 1247
certificateholder refuses to comply with such order, the 1248
department's order directing the examination may be enforced by 1249
filing a petition for enforcement in the circuit court in the 1250
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 51 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
circuit in which the licensee, registered intern, or 1251
certificateholder resid es or does business. The licensee, 1252
registered intern, or certificateholder against whom the 1253
petition is filed may shall not be named or identified by 1254
initials in any public court records or documents, and the 1255
proceedings shall be closed to the public. The department shall 1256
be entitled to the summary procedure provided in s. 51.011. A 1257
licensee, registered intern, or certificateholder affected under 1258
this paragraph shall at reasonable intervals be afforded an 1259
opportunity to demonstrate that he or she can resume the 1260
competent practice for which he or she is licensed, registered, 1261
or certified with reasonable skill and safety to patients. 1262
(q) Performing any treatment or prescribing any therapy 1263
which, by the prevailing standards of the mental health 1264
professions in the community, would constitute experimentation 1265
on human subjects, without first obtaining full, informed, and 1266
written consent. 1267
(r) Failing to meet the minimum standards of performance 1268
in professional activities when measured against generally 1269
prevailing peer performance, including the undertaking of 1270
activities for which the licensee, registered intern, or 1271
certificateholder is not qualified by training or experience. 1272
(s) Delegating professional responsibilities to a person 1273
whom the licensee, registered intern, or certificateholder knows 1274
or has reason to know is not qualified by training or experience 1275
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 52 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to perform such responsibilities. 1276
(t) Violating a rule relating to the regulation of the 1277
profession or a lawful order of the department or the board 1278
previously entered in a disciplinary hearing. 1279
(u) Failure of the licensee, registered intern, or 1280
certificateholder to maintain in confidence a communication made 1281
by a patient or client in the context of such services, except 1282
as provided in s. 491.0147. 1283
(v) Making public statements which are derived from test 1284
data, client contacts, or behavioral research and which identify 1285
or damage research subjects or clients. 1286
(w) Violating any provision of this chapter or chapter 1287
456, or any rules adopted pursuant there to. 1288
(2)(a) The board or, in the case of certified master 1289
social workers, the department may enter an order denying 1290
licensure or imposing any of the penalties authorized in s. 1291
456.072(2) against any applicant for licensure or any licensee 1292
who violates subsection (1) or s. 456.072(1). 1293
(b) The board may take adverse action against a clinical 1294
social worker's, a marriage and family therapist's, or a mental 1295
health counselor's privilege to practice under the Professional 1296
Counselors Licensure Compact pursuant t o s. 491.017 and may 1297
impose any of the penalties in s. 456.072(2) if the clinical 1298
social worker, marriage and family therapist, or mental health 1299
counselor commits an act specified in subsection (1) or s. 1300
HB 1521 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1521-00
Page 53 of 53
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
456.072(1). 1301
Section 8. Paragraph (h) is added to subsection (10) of 1302
section 768.28, Florida Statutes, to read: 1303
768.28 Waiver of sovereign immunity in tort actions; 1304
recovery limits; civil liability for damages caused during a 1305
riot; limitation on attorney fees; statute of limitations; 1306
exclusions; indemnification; risk management programs. — 1307
(10) 1308
(h) For purposes of this section, the individual appointed 1309
under s. 491.004(8) as the state's delegate on the Counseling 1310
Compact Commission, when serving in that capacity pursuant to s. 1311
491.017, and any adminis trator, officer, executive director, 1312
employee, or representative of the commission, when acting 1313
within the scope of his or her employment, duties, or 1314
responsibilities in this state, is considered an agent of the 1315
state. The commission shall pay any claims o r judgments pursuant 1316
to this section and may maintain insurance coverage to pay any 1317
such claims or judgments. 1318
Section 9. The Department of Health shall notify the 1319
Division of Law Revision upon enactment of the Professional 1320
Counselors Licensure Compact into law by 10 states. 1321
Section 10. This act shall take effect upon enactment of 1322
the Professional Counselors Licensure Compact into law by 10 1323
states. 1324