Illinois 2023-2024 Regular Session

Illinois House Bill HB2834 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2834 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act225 ILCS 107/12 new Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately. LRB103 26876 AWJ 53240 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2834 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act225 ILCS 107/12 new New Act 225 ILCS 107/12 new Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately. LRB103 26876 AWJ 53240 b LRB103 26876 AWJ 53240 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2834 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
3	3	New Act225 ILCS 107/12 new New Act 225 ILCS 107/12 new
4	4	New Act
5	5	225 ILCS 107/12 new
6	6	Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the
16	16	5 Counseling Compact Act.
17	17	6 Section 5. Counseling Compact. The State of Illinois
18	18	7 enters into the Counseling Compact in substantially the
19	19	8 following form with all other states joining the Compact:
20	20	9 SECTION 1: PURPOSE
21	21	10 The purpose of this Compact is to facilitate interstate
22	22	11 practice of Licensed Professional Counselors with the goal of
23	23	12 improving public access to Professional Counseling services.
24	24	13 The practice of Professional Counseling occurs in the State
25	25	14 where the client is located at the time of the counseling
26	26	15 services. The Compact preserves the regulatory authority of
27	27	16 States to protect public health and safety through the current
28	28	17 system of State licensure.
29	29	18 This Compact is designed to achieve the following
30	30	19 objectives:
31	31	20 A. Increase public access to Professional Counseling
32	32	21 services by providing for the mutual recognition of other
33	33	22 Member State licenses;
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2834 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
38	38	New Act225 ILCS 107/12 new New Act 225 ILCS 107/12 new
39	39	New Act
40	40	225 ILCS 107/12 new
41	41	Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately.
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44	44	A BILL FOR
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50	50	New Act
51	51	225 ILCS 107/12 new
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70	70	1 B. Enhance the States' ability to protect the public's
71	71	2 health and safety;
72	72	3 C. Encourage the cooperation of Member States in
73	73	4 regulating multistate practice for Licensed Professional
74	74	5 Counselors;
75	75	6 D. Support spouses of relocating Active Duty Military
76	76	7 personnel;
77	77	8 E. Enhance the exchange of licensure, investigative,
78	78	9 and disciplinary information among Member States;
79	79	10 F. Allow for the use of Telehealth technology to
80	80	11 facilitate increased access to Professional Counseling
81	81	12 services;
82	82	13 G. Support the uniformity of Professional Counseling
83	83	14 licensure requirements throughout the States to promote
84	84	15 public safety and public health benefits;
85	85	16 H. Invest all Member States with the authority to hold
86	86	17 a Licensed Professional Counselor accountable for meeting
87	87	18 all State practice laws in the State in which the client is
88	88	19 located at the time care is rendered through the mutual
89	89	20 recognition of Member State licenses;
90	90	21 I. Eliminate the necessity for licenses in multiple
91	91	22 States; and
92	92	23 J. Provide opportunities for interstate practice by
93	93	24 Licensed Professional Counselors who meet uniform
94	94	25 licensure requirements.
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105	105	1 SECTION 2. DEFINITIONS
106	106	2 As used in this Compact, and except as otherwise provided,
107	107	3 the following definitions apply:
108	108	4 A. "Active Duty Military" means full-time duty status in
109	109	5 the active uniformed service of the United States, including
110	110	6 members of the National Guard and Reserve on active duty
111	111	7 orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
112	112	8 B. "Adverse Action" means any administrative, civil,
113	113	9 equitable or criminal action permitted by a State's laws which
114	114	10 is imposed by a licensing board or other authority against a
115	115	11 Licensed Professional Counselor, including actions against an
116	116	12 individual's license or Privilege to Practice such as
117	117	13 revocation, suspension, probation, monitoring of the licensee,
118	118	14 limitation on the licensee's practice, or any other
119	119	15 Encumbrance on licensure affecting a Licensed Professional
120	120	16 Counselor's authorization to practice, including issuance of a
121	121	17 cease and desist action.
122	122	18 C. "Alternative Program" means a non-disciplinary
123	123	19 monitoring or practice remediation process approved by a
124	124	20 Professional Counseling Licensing Board to address Impaired
125	125	21 Practitioners.
126	126	22 D. "Continuing Competence/Education" means a requirement,
127	127	23 as a condition of license renewal, to provide evidence of
128	128	24 participation in, or completion of, educational and
129	129	25 professional activities relevant to practice or area of work.
130	130	26 E. "Counseling Compact Commission" or "Commission" means
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141	141	1 the national administrative body whose membership consists of
142	142	2 all States that have enacted the Compact.
143	143	3 F. "Current Significant Investigative Information" means:
144	144	4 1. Investigative Information that a Licensing Board,
145	145	5 after a preliminary inquiry that includes notification and
146	146	6 an opportunity for the Licensed Professional Counselor to
147	147	7 respond, if required by State law, has reason to believe
148	148	8 is not groundless and, if proved true, would indicate more
149	149	9 than a minor infraction; or
150	150	10 2. Investigative Information that indicates that the
151	151	11 Licensed Professional Counselor represents an immediate
152	152	12 threat to public health and safety regardless of whether
153	153	13 the Licensed Professional Counselor has been notified and
154	154	14 had an opportunity to respond.
155	155	15 G. "Data System" means a repository of information about
156	156	16 Licensees, including, but not limited to, continuing
157	157	17 education, examination, licensure, investigative, Privilege to
158	158	18 Practice and Adverse Action information.
159	159	19 H. "Encumbered License" means a license in which an
160	160	20 Adverse Action restricts the practice of licensed Professional
161	161	21 Counseling by the Licensee and said Adverse Action has been
162	162	22 reported to the National Practitioner Data Bank (NPDB).
163	163	23 I. "Encumbrance" means a revocation or suspension of, or
164	164	24 any limitation on, the full and unrestricted practice of
165	165	25 Licensed Professional Counseling by a Licensing Board.
166	166	26 J. "Executive Committee" means a group of directors
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177	177	1 elected or appointed to act on behalf of, and within the powers
178	178	2 granted to them by, the Commission.
179	179	3 K. "Home State" means the Member State that is the
180	180	4 Licensee's primary State of residence.
181	181	5 L. "Impaired Practitioner" means an individual who has a
182	182	6 condition(s) that may impair the individual's ability to
183	183	7 practice as a Licensed Professional Counselor without some
184	184	8 type of intervention and may include, but are not limited to,
185	185	9 alcohol and drug dependence, mental health impairment, and
186	186	10 neurological or physical impairments.
187	187	11 M. "Investigative Information" means information, records,
188	188	12 and documents received or generated by a Professional
189	189	13 Counseling Licensing Board pursuant to an investigation.
190	190	14 N. "Jurisprudence Requirement" if required by a Member
191	191	15 State, means the assessment of an individual's knowledge of
192	192	16 the laws and Rules governing the practice of Professional
193	193	17 Counseling in a State.
194	194	18 O. "Licensed Professional Counselor" means a counselor
195	195	19 licensed by a Member State, regardless of the title used by
196	196	20 that State, to independently assess, diagnose, and treat
197	197	21 behavioral health conditions.
198	198	22 P. "Licensee" means an individual who currently holds an
199	199	23 authorization from the State to practice as a Licensed
200	200	24 Professional Counselor.
201	201	25 Q. "Licensing Board" means the agency of a State, or
202	202	26 equivalent, that is responsible for the licensing and
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213	213	1 regulation of Licensed Professional Counselors.
214	214	2 R. "Member State" means a State that has enacted the
215	215	3 Compact.
216	216	4 S. "Privilege to Practice" means a legal authorization,
217	217	5 which is equivalent to a license, permitting the practice of
218	218	6 Professional Counseling in a Remote State.
219	219	7 T. "Professional Counseling" means the assessment,
220	220	8 diagnosis, and treatment of behavioral health conditions by a
221	221	9 Licensed Professional Counselor.
222	222	10 U. "Remote State" means a Member State other than the Home
223	223	11 State, where a Licensee is exercising or seeking to exercise
224	224	12 the Privilege to Practice.
225	225	13 V. "Rule" means a regulation promulgated by the Commission
226	226	14 that has the force of law.
227	227	15 W. "Single State License" means a Licensed Professional
228	228	16 Counselor license issued by a Member State that authorizes
229	229	17 practice only within the issuing State and does not include a
230	230	18 Privilege to Practice in any other Member State.
231	231	19 X. "State" means any state, commonwealth, district, or
232	232	20 territory of the United States of America that regulates the
233	233	21 practice of Professional Counseling.
234	234	22 Y. "Telehealth" means the application of telecommunication
235	235	23 technology to deliver Professional Counseling services
236	236	24 remotely to assess, diagnose, and treat behavioral health
237	237	25 conditions.
238	238	26 Z. "Unencumbered License" means a license that authorizes
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249	249	1 a Licensed Professional Counselor to engage in the full and
250	250	2 unrestricted practice of Professional Counseling.
251	251	3 SECTION 3. STATE PARTICIPATION IN THE COMPACT
252	252	4 A. To Participate in the Compact, a State must currently:
253	253	5 1. License and regulate Licensed Professional
254	254	6 Counselors;
255	255	7 2. Require Licensees to pass a nationally recognized
256	256	8 exam approved by the Commission;
257	257	9 3. Require Licensees to have a 60 semester-hour (or 90
258	258	10 quarter-hour) master's degree in counseling or 60 semester
259	259	11 hours (or 90 quarter hours) of graduate coursework
260	260	12 including the following topic areas:
261	261	13 a. Professional Counseling Orientation and Ethical
262	262	14 Practice;
263	263	15 b. Social and Cultural Diversity;
264	264	16 c. Human Growth and Development;
265	265	17 d. Career Development;
266	266	18 e. Counseling and Helping Relationships;
267	267	19 f. Group Counseling and Group Work;
268	268	20 g. Diagnosis and Treatment;
269	269	21 h. Assessment and Testing;
270	270	22 i. Research and Program Evaluation; and
271	271	23 j. Other areas as determined by the Commission.
272	272	24 4. Require Licensees to complete a supervised
273	273	25 postgraduate professional experience as defined by the
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284	284	1 Commission;
285	285	2 5. Have a mechanism in place for receiving and
286	286	3 investigating complaints about Licensees.
287	287	4 B. A Member State shall:
288	288	5 1. Participate fully in the Commission's Data System,
289	289	6 including using the Commission's unique identifier as
290	290	7 defined in Rules;
291	291	8 2. Notify the Commission, in compliance with the terms
292	292	9 of the Compact and Rules, of any Adverse Action or the
293	293	10 availability of Investigative Information regarding a
294	294	11 Licensee;
295	295	12 3. Implement or utilize procedures for considering the
296	296	13 criminal history records of applicants for an initial
297	297	14 Privilege to Practice. These procedures shall include the
298	298	15 submission of fingerprints or other biometric-based
299	299	16 information by applicants for the purpose of obtaining an
300	300	17 applicant's criminal history record information from the
301	301	18 Federal Bureau of Investigation and the agency responsible
302	302	19 for retaining that State's criminal records;
303	303	20 a. A Member State must fully implement a criminal
304	304	21 background check requirement, within a time frame
305	305	22 established by rule, by receiving the results of the
306	306	23 Federal Bureau of Investigation record search and
307	307	24 shall use the results in making licensure decisions.
308	308	25 b. Communication between a Member State, the
309	309	26 Commission and among Member States regarding the
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320	320	1 verification of eligibility for licensure through the
321	321	2 Compact shall not include any information received
322	322	3 from the Federal Bureau of Investigation relating to a
323	323	4 federal criminal records check performed by a Member
324	324	5 State under Public Law 92-544.
325	325	6 4. Comply with the Rules of the Commission;
326	326	7 5. Require an applicant to obtain or retain a license
327	327	8 in the Home State and meet the Home State's qualifications
328	328	9 for licensure or renewal of licensure, as well as all
329	329	10 other applicable State laws;
330	330	11 6. Grant the Privilege to Practice to a Licensee
331	331	12 holding a valid Unencumbered License in another Member
332	332	13 State in accordance with the terms of the Compact and
333	333	14 Rules; and
334	334	15 7. Provide for the attendance of the State's
335	335	16 commissioner to the Counseling Compact Commission
336	336	17 meetings.
337	337	18 C. Member States may charge a fee for granting the
338	338	19 Privilege to Practice.
339	339	20 D. Individuals not residing in a Member State shall
340	340	21 continue to be able to apply for a Member State's Single State
341	341	22 License as provided under the laws of each Member State.
342	342	23 However, the Single State License granted to these individuals
343	343	24 shall not be recognized as granting a Privilege to Practice
344	344	25 Professional Counseling in any other Member State.
345	345	26 E. Nothing in this Compact shall affect the requirements
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356	356	1 established by a Member State for the issuance of a Single
357	357	2 State License.
358	358	3 F. A license issued to a Licensed Professional Counselor
359	359	4 by a Home State to a resident in that State shall be recognized
360	360	5 by each Member State as authorizing a Licensed Professional
361	361	6 Counselor to practice Professional Counseling, under a
362	362	7 Privilege to Practice, in each Member State.
363	363	8 SECTION 4. PRIVILEGE TO PRACTICE
364	364	9 A. To exercise the Privilege to Practice under the terms
365	365	10 and provisions of the Compact, the Licensee shall:
366	366	11 1. Hold a license in the Home State;
367	367	12 2. Have a valid United States social security number
368	368	13 or National Provider Identifier;
369	369	14 3. Be eligible for a Privilege to Practice in any
370	370	15 Member State in accordance with Section 4(D), (G) and (H);
371	371	16 4. Have not had any Encumbrance or restriction against
372	372	17 any license or Privilege to Practice within the previous 2
373	373	18 years;
374	374	19 5. Notify the Commission that the Licensee is seeking
375	375	20 the Privilege to Practice within a Remote State(s);
376	376	21 6. Pay any applicable fees, including any State fee,
377	377	22 for the Privilege to Practice;
378	378	23 7. Meet any Continuing Competence/Education
379	379	24 requirements established by the Home State;
380	380	25 8. Meet any Jurisprudence Requirements established by
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391	391	1 the Remote State(s) in which the Licensee is seeking a
392	392	2 Privilege to Practice; and
393	393	3 9. Report to the Commission any Adverse Action,
394	394	4 Encumbrance, or restriction on a license taken by any
395	395	5 non-Member State within 30 days from the date the action
396	396	6 is taken.
397	397	7 B. The Privilege to Practice is valid until the expiration
398	398	8 date of the Home State license. The Licensee must comply with
399	399	9 the requirements of Section 4(A) to maintain the Privilege to
400	400	10 Practice in the Remote State.
401	401	11 C. A Licensee providing Professional Counseling in a
402	402	12 Remote State under the Privilege to Practice shall adhere to
403	403	13 the laws and regulations of the Remote State.
404	404	14 D. A Licensee providing Professional Counseling services
405	405	15 in a Remote State is subject to that State's regulatory
406	406	16 authority. A Remote State may, in accordance with due process
407	407	17 and that State's laws, remove a Licensee's Privilege to
408	408	18 Practice in the Remote State for a specific period of time,
409	409	19 impose fines, or take any other necessary actions to protect
410	410	20 the health and safety of its citizens. The Licensee may be
411	411	21 ineligible for a Privilege to Practice in any Member State
412	412	22 until the specific time for removal has passed and all fines
413	413	23 are paid.
414	414	24 E. If a Home State license is encumbered, the Licensee
415	415	25 shall lose the Privilege to Practice in any Remote State until
416	416	26 the following occur:
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427	427	1 1. The Home State license is no longer encumbered; and
428	428	2 2. The licensee has not had any Encumbrance or
429	429	3 restriction against any license or Privilege to Practice
430	430	4 within the previous 2 years.
431	431	5 F. Once an Encumbered License in the Home State is
432	432	6 restored to good standing, the Licensee must meet the
433	433	7 requirements of Section 4(A) to obtain a Privilege to Practice
434	434	8 in any Remote State.
435	435	9 G. If a Licensee's Privilege to Practice in any Remote
436	436	10 State is removed, the individual may lose the Privilege to
437	437	11 Practice in all other Remote States until the following occur:
438	438	12 1. The specific period of time for which the Privilege
439	439	13 to Practice was removed has ended;
440	440	14 2. The licensee has paid all fines that have been
441	441	15 imposed; and
442	442	16 3. The licensee has not had any Encumbrance or
443	443	17 restriction against any license or Privilege to Practice
444	444	18 within the previous 2 years.
445	445	19 H. Once the requirements of Section 4(G) have been met,
446	446	20 the Licensee must meet the requirements in Section 4(A) to
447	447	21 obtain a Privilege to Practice in a Remote State.
448	448	22 SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A
449	449	23 PRIVILEGE TO PRACTICE
450	450	24 A. A Licensed Professional Counselor may hold a Home State
451	451	25 license, which allows for a Privilege to Practice in other
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462	462	1 Member States, in only one Member State at a time.
463	463	2 B. If a Licensed Professional Counselor changes primary
464	464	3 State of residence by moving between two Member States:
465	465	4 1. The Licensed Professional Counselor shall file an
466	466	5 application for obtaining a new Home State license based
467	467	6 on a Privilege to Practice, pay all applicable fees, and
468	468	7 notify the current and new Home State in accordance with
469	469	8 applicable Rules adopted by the Commission.
470	470	9 2. Upon receipt of an application for obtaining a new
471	471	10 Home State license by virtue of a Privilege to Practice,
472	472	11 the new Home State shall verify that the Licensed
473	473	12 Professional Counselor meets the pertinent criteria
474	474	13 outlined in Section 4 via the Data System without need for
475	475	14 primary source verification except for:
476	476	15 a. a Federal Bureau of Investigation
477	477	16 fingerprint-based criminal background check if not
478	478	17 previously performed or updated pursuant to applicable
479	479	18 rules adopted by the Commission in accordance with
480	480	19 Public Law 92-544;
481	481	20 b. other criminal background check as required by
482	482	21 the new Home State; and
483	483	22 c. completion of any requisite Jurisprudence
484	484	23 Requirements of the new Home State.
485	485	24 3. The former Home State shall convert the former Home
486	486	25 State license into a Privilege to Practice once the new
487	487	26 Home State has activated the new Home State license in
488	488
489	489
490	490
491	491
492	492
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494	494
495	495
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498	498	1 accordance with applicable Rules adopted by the
499	499	2 Commission.
500	500	3 4. Notwithstanding any other provision of this
501	501	4 Compact, if the Licensed Professional Counselor cannot
502	502	5 meet the criteria in Section 4, the new Home State may
503	503	6 apply its requirements for issuing a new Single State
504	504	7 License.
505	505	8 5. The Licensed Professional Counselor shall pay all
506	506	9 applicable fees to the new Home State in order to be issued
507	507	10 a new Home State license.
508	508	11 C. If a Licensed Professional Counselor changes Primary
509	509	12 State of Residence by moving from a Member State to a
510	510	13 non-Member State, or from a non-Member State to a Member
511	511	14 State, the State criteria shall apply for issuance of a Single
512	512	15 State License in the new State.
513	513	16 D. Nothing in this Compact shall interfere with a
514	514	17 Licensee's ability to hold a Single State License in multiple
515	515	18 States. However, for the purposes of this Compact, a Licensee
516	516	19 shall have only one Home State license.
517	517	20 E. Nothing in this Compact shall affect the requirements
518	518	21 established by a Member State for the issuance of a Single
519	519	22 State License.
520	520	23 SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
521	521	24 Active Duty Military personnel, or their spouse, shall
522	522	25 designate a Home State where the individual has a current
523	523
524	524
525	525
526	526
527	527
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529	529
530	530
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533	533	1 license in good standing. The individual may retain the Home
534	534	2 State designation during the period the service member is on
535	535	3 active duty. Subsequent to designating a Home State, the
536	536	4 individual shall only change their Home State through
537	537	5 application for licensure in the new State, or through the
538	538	6 process outlined in Section 5.
539	539	7 SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
540	540	8 A. Member States shall recognize the right of a Licensed
541	541	9 Professional Counselor, licensed by a Home State in accordance
542	542	10 with Section 3 and under Rules promulgated by the Commission,
543	543	11 to practice Professional Counseling in any Member State via
544	544	12 Telehealth under a Privilege to Practice as provided in the
545	545	13 Compact and Rules promulgated by the Commission.
546	546	14 B. A Licensee providing Professional Counseling services
547	547	15 in a Remote State under the Privilege to Practice shall adhere
548	548	16 to the laws and regulations of the Remote State.
549	549	17 SECTION 8. ADVERSE ACTIONS
550	550	18 A. In addition to the other powers conferred by State law,
551	551	19 a Remote State shall have the authority, in accordance with
552	552	20 existing State due process law, to:
553	553	21 1. Take Adverse Action against a Licensed Professional
554	554	22 Counselor's Privilege to Practice within that Member
555	555	23 State; and
556	556	24 2. Issue subpoenas for both hearings and
557	557
558	558
559	559
560	560
561	561
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563	563
564	564
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566	566	HB2834 - 16 - LRB103 26876 AWJ 53240 b
567	567	1 investigations that require the attendance and testimony
568	568	2 of witnesses as well as the production of evidence.
569	569	3 Subpoenas issued by a Licensing Board in a Member State
570	570	4 for the attendance and testimony of witnesses or the
571	571	5 production of evidence from another Member State shall be
572	572	6 enforced in the latter State by any court of competent
573	573	7 jurisdiction, according to the practice and procedure of
574	574	8 that court applicable to subpoenas issued in proceedings
575	575	9 pending before it. The issuing authority shall pay any
576	576	10 witness fees, travel expenses, mileage, and other fees
577	577	11 required by the service statutes of the State in which the
578	578	12 witnesses or evidence are located.
579	579	13 Only the Home State shall have the power to take Adverse
580	580	14 Action against a Licensed Professional Counselor's license
581	581	15 issued by the Home State.
582	582	16 B. For purposes of taking Adverse Action, the Home State
583	583	17 shall give the same priority and effect to reported conduct
584	584	18 received from a Member State as it would if the conduct had
585	585	19 occurred within the Home State. In so doing, the Home State
586	586	20 shall apply its own State laws to determine appropriate
587	587	21 action.
588	588	22 C. The Home State shall complete any pending
589	589	23 investigations of a Licensed Professional Counselor who
590	590	24 changes primary State of residence during the course of the
591	591	25 investigations. The Home State shall also have the authority
592	592	26 to take appropriate action(s) and shall promptly report the
593	593
594	594
595	595
596	596
597	597
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599	599
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603	603	1 conclusions of the investigations to the administrator of the
604	604	2 Data System. The administrator of the coordinated licensure
605	605	3 information system shall promptly notify the new Home State of
606	606	4 any Adverse Actions.
607	607	5 D. A Member State, if otherwise permitted by State law,
608	608	6 may recover from the affected Licensed Professional Counselor
609	609	7 the costs of investigations and dispositions of cases
610	610	8 resulting from any Adverse Action taken against that Licensed
611	611	9 Professional Counselor.
612	612	10 E. A Member State may take Adverse Action based on the
613	613	11 factual findings of the Remote State, provided that the Member
614	614	12 State follows its own procedures for taking the Adverse
615	615	13 Action.
616	616	14 F. Joint Investigations:
617	617	15 1. In addition to the authority granted to a Member
618	618	16 State by its respective Professional Counseling practice
619	619	17 act or other applicable State law, any Member State may
620	620	18 participate with other Member States in joint
621	621	19 investigations of Licensees.
622	622	20 2. Member States shall share any investigative,
623	623	21 litigation, or compliance materials in furtherance of any
624	624	22 joint or individual investigation initiated under the
625	625	23 Compact.
626	626	24 G. If Adverse Action is taken by the Home State against the
627	627	25 license of a Licensed Professional Counselor, the Licensed
628	628	26 Professional Counselor's Privilege to Practice in all other
629	629
630	630
631	631
632	632
633	633
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635	635
636	636
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638	638	HB2834 - 18 - LRB103 26876 AWJ 53240 b
639	639	1 Member States shall be deactivated until all Encumbrances have
640	640	2 been removed from the State license. All Home State
641	641	3 disciplinary orders that impose Adverse Action against the
642	642	4 license of a Licensed Professional Counselor shall include a
643	643	5 Statement that the Licensed Professional Counselor's Privilege
644	644	6 to Practice is deactivated in all Member States during the
645	645	7 pendency of the order.
646	646	8 H. If a Member State takes Adverse Action, it shall
647	647	9 promptly notify the administrator of the Data System. The
648	648	10 administrator of the Data System shall promptly notify the
649	649	11 Home State of any Adverse Actions by Remote States.
650	650	12 I. Nothing in this Compact shall override a Member State's
651	651	13 decision that participation in an Alternative Program may be
652	652	14 used in lieu of Adverse Action.
653	653	15 SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
654	654	16 A. The Compact Member States hereby create and establish a
655	655	17 joint public agency known as the Counseling Compact
656	656	18 Commission:
657	657	19 1. The Commission is an instrumentality of the Compact
658	658	20 States.
659	659	21 2. Venue is proper and judicial proceedings by or
660	660	22 against the Commission shall be brought solely and
661	661	23 exclusively in a court of competent jurisdiction where the
662	662	24 principal office of the Commission is located. The
663	663	25 Commission may waive venue and jurisdictional defenses to
664	664
665	665
666	666
667	667
668	668
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670	670
671	671
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673	673	HB2834 - 19 - LRB103 26876 AWJ 53240 b
674	674	1 the extent it adopts or consents to participate in
675	675	2 alternative dispute resolution proceedings.
676	676	3 3. Nothing in this Compact shall be construed to be a
677	677	4 waiver of sovereign immunity.
678	678	5 B. Membership, Voting, and Meetings
679	679	6 1. Each Member State shall have and be limited to one
680	680	7 delegate selected by that Member State's Licensing Board.
681	681	8 2. The delegate shall be either:
682	682	9 a. A current member of the Licensing Board at the
683	683	10 time of appointment, who is a Licensed Professional
684	684	11 Counselor or public member; or
685	685	12 b. An administrator of the Licensing Board.
686	686	13 3. Any delegate may be removed or suspended from
687	687	14 office as provided by the law of the State from which the
688	688	15 delegate is appointed.
689	689	16 4. The Member State Licensing Board shall fill any
690	690	17 vacancy occurring on the Commission within 60 days.
691	691	18 5. Each delegate shall be entitled to one vote with
692	692	19 regard to the promulgation of Rules and creation of bylaws
693	693	20 and shall otherwise have an opportunity to participate in
694	694	21 the business and affairs of the Commission.
695	695	22 6. A delegate shall vote in person or by such other
696	696	23 means as provided in the bylaws. The bylaws may provide
697	697	24 for delegates' participation in meetings by telephone or
698	698	25 other means of communication.
699	699	26 7. The Commission shall meet at least once during each
700	700
701	701
702	702
703	703
704	704
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706	706
707	707
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709	709	HB2834 - 20 - LRB103 26876 AWJ 53240 b
710	710	1 calendar year. Additional meetings shall be held as set
711	711	2 forth in the bylaws.
712	712	3 8. The Commission shall by Rule establish a term of
713	713	4 office for delegates and may by Rule establish term
714	714	5 limits.
715	715	6 C. The Commission shall have the following powers and
716	716	7 duties:
717	717	8 1. Establish the fiscal year of the Commission;
718	718	9 2. Establish bylaws;
719	719	10 3. Maintain its financial records in accordance with
720	720	11 the bylaws;
721	721	12 4. Meet and take such actions as are consistent with
722	722	13 the provisions of this Compact and the bylaws;
723	723	14 5. Promulgate Rules which shall be binding to the
724	724	15 extent and in the manner provided for in the Compact;
725	725	16 6. Bring and prosecute legal proceedings or actions in
726	726	17 the name of the Commission, provided that the standing of
727	727	18 any State Licensing Board to sue or be sued under
728	728	19 applicable law shall not be affected;
729	729	20 7. Purchase and maintain insurance and bonds;
730	730	21 8. Borrow, accept, or contract for services of
731	731	22 personnel, including, but not limited to, employees of a
732	732	23 Member State;
733	733	24 9. Hire employees, elect or appoint officers, fix
734	734	25 compensation, define duties, grant such individuals
735	735	26 appropriate authority to carry out the purposes of the
736	736
737	737
738	738
739	739
740	740
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742	742
743	743
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746	746	1 Compact, and establish the Commission's personnel policies
747	747	2 and programs relating to conflicts of interest,
748	748	3 qualifications of personnel, and other related personnel
749	749	4 matters;
750	750	5 10. Accept any and all appropriate donations and
751	751	6 grants of money, equipment, supplies, materials, and
752	752	7 services, and to receive, utilize, and dispose of the
753	753	8 same; provided that at all times the Commission shall
754	754	9 avoid any appearance of impropriety or conflict of
755	755	10 interest;
756	756	11 11. Lease, purchase, accept appropriate gifts or
757	757	12 donations of, or otherwise to own, hold, improve or use,
758	758	13 any property, real, personal or mixed; provided that at
759	759	14 all times the Commission shall avoid any appearance of
760	760	15 impropriety;
761	761	16 12. Sell, convey, mortgage, pledge, lease, exchange,
762	762	17 abandon, or otherwise dispose of any property real,
763	763	18 personal, or mixed;
764	764	19 13. Establish a budget and make expenditures;
765	765	20 14. Borrow money;
766	766	21 15. Appoint committees, including standing committees
767	767	22 composed of members, State regulators, State legislators
768	768	23 or their representatives, consumer representatives, and
769	769	24 such other interested persons as may be designated in this
770	770	25 Compact and the bylaws;
771	771	26 16. Provide and receive information from, and
772	772
773	773
774	774
775	775
776	776
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778	778
779	779
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781	781	HB2834 - 22 - LRB103 26876 AWJ 53240 b
782	782	1 cooperate with, law enforcement agencies;
783	783	2 17. Establish and elect an Executive Committee; and
784	784	3 18. Perform such other functions as may be necessary
785	785	4 or appropriate to achieve the purposes of this Compact
786	786	5 consistent with the State regulation of Professional
787	787	6 Counseling licensure and practice.
788	788	7 D. The Executive Committee
789	789	8 1. The Executive Committee shall have the power to act
790	790	9 on behalf of the Commission according to the terms of this
791	791	10 Compact.
792	792	11 2. The Executive Committee shall be composed of up to
793	793	12 11 members:
794	794	13 a. Seven voting members who are elected by the
795	795	14 Commission from the current membership of the
796	796	15 Commission; and
797	797	16 b. Up to 4 ex officio, nonvoting members from 4
798	798	17 recognized national professional counselor
799	799	18 organizations.
800	800	19 c. The ex officio members will be selected by
801	801	20 their respective organizations.
802	802	21 3. The Commission may remove any member of the
803	803	22 Executive Committee as provided in bylaws.
804	804	23 4. The Executive Committee shall meet at least
805	805	24 annually.
806	806	25 5. The Executive Committee shall have the following
807	807	26 duties and responsibilities:
808	808
809	809
810	810
811	811
812	812
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814	814
815	815
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817	817	HB2834 - 23 - LRB103 26876 AWJ 53240 b
818	818	1 a. Recommend to the entire Commission changes to
819	819	2 the Rules or bylaws, changes to this Compact
820	820	3 legislation, fees paid by Compact Member States such
821	821	4 as annual dues, and any Commission Compact fee charged
822	822	5 to Licensees for the Privilege to Practice;
823	823	6 b. Ensure Compact administration services are
824	824	7 appropriately provided, contractual or otherwise;
825	825	8 c. Prepare and recommend the budget;
826	826	9 d. Maintain financial records on behalf of the
827	827	10 Commission;
828	828	11 e. Monitor Compact compliance of Member States and
829	829	12 provide compliance reports to the Commission;
830	830	13 f. Establish additional committees as necessary;
831	831	14 and
832	832	15 g. Perform other duties as provided in Rules or
833	833	16 bylaws.
834	834	17 E. Meetings of the Commission
835	835	18 1. All meetings shall be open to the public, and
836	836	19 public notice of meetings shall be given in the same
837	837	20 manner as required under the Rulemaking provisions in
838	838	21 Section 11.
839	839	22 2. The Commission or the Executive Committee or other
840	840	23 committees of the Commission may convene in a closed,
841	841	24 nonpublic meeting if the Commission or Executive Committee
842	842	25 or other committees of the Commission must discuss:
843	843	26 a. Noncompliance of a Member State with its
844	844
845	845
846	846
847	847
848	848
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850	850
851	851
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854	854	1 obligations under the Compact;
855	855	2 b. The employment, compensation, discipline or
856	856	3 other matters, practices or procedures related to
857	857	4 specific employees or other matters related to the
858	858	5 Commission's internal personnel practices and
859	859	6 procedures;
860	860	7 c. Current, threatened, or reasonably anticipated
861	861	8 litigation;
862	862	9 d. Negotiation of contracts for the purchase,
863	863	10 lease, or sale of goods, services, or real estate;
864	864	11 e. Accusing any person of a crime or formally
865	865	12 censuring any person;
866	866	13 f. Disclosure of trade secrets or commercial or
867	867	14 financial information that is privileged or
868	868	15 confidential;
869	869	16 g. Disclosure of information of a personal nature
870	870	17 where disclosure would constitute a clearly
871	871	18 unwarranted invasion of personal privacy;
872	872	19 h. Disclosure of investigative records compiled
873	873	20 for law enforcement purposes;
874	874	21 i. Disclosure of information related to any
875	875	22 investigative reports prepared by or on behalf of or
876	876	23 for use of the Commission or other committee charged
877	877	24 with responsibility of investigation or determination
878	878	25 of compliance issues pursuant to the Compact; or
879	879	26 j. Matters specifically exempted from disclosure
880	880
881	881
882	882
883	883
884	884
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886	886
887	887
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889	889	HB2834 - 25 - LRB103 26876 AWJ 53240 b
890	890	1 by federal or Member State statute.
891	891	2 3. If a meeting, or portion of a meeting, is closed
892	892	3 pursuant to this provision, the Commission's legal counsel
893	893	4 or designee shall certify that the meeting may be closed
894	894	5 and shall reference each relevant exempting provision.
895	895	6 4. The Commission shall keep minutes that fully and
896	896	7 clearly describe all matters discussed in a meeting and
897	897	8 shall provide a full and accurate summary of actions
898	898	9 taken, and the reasons therefor, including a description
899	899	10 of the views expressed. All documents considered in
900	900	11 connection with an action shall be identified in such
901	901	12 minutes. All minutes and documents of a closed meeting
902	902	13 shall remain under seal, subject to release by a majority
903	903	14 vote of the Commission or order of a court of competent
904	904	15 jurisdiction.
905	905	16 F. Financing of the Commission
906	906	17 1. The Commission shall pay, or provide for the
907	907	18 payment of, the reasonable expenses of its establishment,
908	908	19 organization, and ongoing activities.
909	909	20 2. The Commission may accept any and all appropriate
910	910	21 revenue sources, donations, and grants of money,
911	911	22 equipment, supplies, materials, and services.
912	912	23 3. The Commission may levy on and collect an annual
913	913	24 assessment from each Member State or impose fees on other
914	914	25 parties to cover the cost of the operations and activities
915	915	26 of the Commission and its staff, which must be in a total
916	916
917	917
918	918
919	919
920	920
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922	922
923	923
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926	926	1 amount sufficient to cover its annual budget as approved
927	927	2 each year for which revenue is not provided by other
928	928	3 sources. The aggregate annual assessment amount shall be
929	929	4 allocated based upon a formula to be determined by the
930	930	5 Commission, which shall promulgate a Rule binding upon all
931	931	6 Member States.
932	932	7 4. The Commission shall not incur obligations of any
933	933	8 kind prior to securing the funds adequate to meet the
934	934	9 same; nor shall the Commission pledge the credit of any of
935	935	10 the Member States, except by and with the authority of the
936	936	11 Member State.
937	937	12 5. The Commission shall keep accurate accounts of all
938	938	13 receipts and disbursements. The receipts and disbursements
939	939	14 of the Commission shall be subject to the audit and
940	940	15 accounting procedures established under its bylaws.
941	941	16 However, all receipts and disbursements of funds handled
942	942	17 by the Commission shall be audited yearly by a certified
943	943	18 or licensed public accountant, and the report of the audit
944	944	19 shall be included in and become part of the annual report
945	945	20 of the Commission.
946	946	21 G. Qualified Immunity, Defense, and Indemnification
947	947	22 1. The members, officers, executive director,
948	948	23 employees and representatives of the Commission shall be
949	949	24 immune from suit and liability, either personally or in
950	950	25 their official capacity, for any claim for damage to or
951	951	26 loss of property or personal injury or other civil
952	952
953	953
954	954
955	955
956	956
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958	958
959	959
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961	961	HB2834 - 27 - LRB103 26876 AWJ 53240 b
962	962	1 liability caused by or arising out of any actual or
963	963	2 alleged act, error or omission that occurred, or that the
964	964	3 person against whom the claim is made had a reasonable
965	965	4 basis for believing occurred within the scope of
966	966	5 Commission employment, duties or responsibilities;
967	967	6 provided that nothing in this paragraph shall be construed
968	968	7 to protect any such person from suit or liability for any
969	969	8 damage, loss, injury, or liability caused by the
970	970	9 intentional, willful, or wanton misconduct of that person.
971	971	10 2. The Commission shall defend any member, officer,
972	972	11 executive director, employee or representative of the
973	973	12 Commission in any civil action seeking to impose liability
974	974	13 arising out of any actual or alleged act, error, or
975	975	14 omission that occurred within the scope of Commission
976	976	15 employment, duties, or responsibilities, or that the
977	977	16 person against whom the claim is made had a reasonable
978	978	17 basis for believing occurred within the scope of
979	979	18 Commission employment, duties, or responsibilities;
980	980	19 provided that nothing herein shall be construed to
981	981	20 prohibit that person from retaining his or her own
982	982	21 counsel; and provided further, that the actual or alleged
983	983	22 act, error, or omission did not result from that person's
984	984	23 intentional, willful, or wanton misconduct.
985	985	24 3. The Commission shall indemnify and hold harmless
986	986	25 any member, officer, executive director, employee, or
987	987	26 representative of the Commission for the amount of any
988	988
989	989
990	990
991	991
992	992
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994	994
995	995
996	996	HB2834- 28 -LRB103 26876 AWJ 53240 b HB2834 - 28 - LRB103 26876 AWJ 53240 b
997	997	HB2834 - 28 - LRB103 26876 AWJ 53240 b
998	998	1 settlement or judgment obtained against that person
999	999	2 arising out of any actual or alleged act, error, or
1000	1000	3 omission that occurred within the scope of Commission
1001	1001	4 employment, duties, or responsibilities, or that such
1002	1002	5 person had a reasonable basis for believing occurred
1003	1003	6 within the scope of Commission employment, duties, or
1004	1004	7 responsibilities, provided that the actual or alleged act,
1005	1005	8 error, or omission did not result from the intentional,
1006	1006	9 willful, or wanton misconduct of that person.
1007	1007	10 SECTION 10. DATA SYSTEM
1008	1008	11 A. The Commission shall provide for the development,
1009	1009	12 maintenance, operation, and utilization of a coordinated
1010	1010	13 database and reporting system containing licensure, Adverse
1011	1011	14 Action, and Investigative Information on all licensed
1012	1012	15 individuals in Member States.
1013	1013	16 B. Notwithstanding any other provision of State law to the
1014	1014	17 contrary, a Member State shall submit a uniform data set to the
1015	1015	18 Data System on all individuals to whom this Compact is
1016	1016	19 applicable, as required by the Rules of the Commission,
1017	1017	20 including:
1018	1018	21 1. Identifying information;
1019	1019	22 2. Licensure data;
1020	1020	23 3. Adverse Actions against a license or Privilege to
1021	1021	24 Practice;
1022	1022	25 4. Non-confidential information related to Alternative
1023	1023
1024	1024
1025	1025
1026	1026
1027	1027
1028	1028	HB2834 - 28 - LRB103 26876 AWJ 53240 b
1029	1029
1030	1030
1031	1031	HB2834- 29 -LRB103 26876 AWJ 53240 b HB2834 - 29 - LRB103 26876 AWJ 53240 b
1032	1032	HB2834 - 29 - LRB103 26876 AWJ 53240 b
1033	1033	1 Program participation;
1034	1034	2 5. Any denial of application for licensure, and the
1035	1035	3 reason(s) for such denial;
1036	1036	4 6. Current Significant Investigative Information; and
1037	1037	5 7. Other information that may facilitate the
1038	1038	6 administration of this Compact, as determined by the Rules
1039	1039	7 of the Commission.
1040	1040	8 C. Investigative Information pertaining to a Licensee in
1041	1041	9 any Member State will only be available to other Member
1042	1042	10 States.
1043	1043	11 D. The Commission shall promptly notify all Member States
1044	1044	12 of any Adverse Action taken against a Licensee or an
1045	1045	13 individual applying for a license. Adverse Action information
1046	1046	14 pertaining to a Licensee in any Member State will be available
1047	1047	15 to any other Member State.
1048	1048	16 E. Member States contributing information to the Data
1049	1049	17 System may designate information that may not be shared with
1050	1050	18 the public without the express permission of the contributing
1051	1051	19 State.
1052	1052	20 F. Any information submitted to the Data System that is
1053	1053	21 subsequently required to be expunged by the laws of the Member
1054	1054	22 State contributing the information shall be removed from the
1055	1055	23 Data System.
1056	1056	24 SECTION 11. RULEMAKING
1057	1057	25 A. The Commission shall promulgate reasonable Rules in
1058	1058
1059	1059
1060	1060
1061	1061
1062	1062
1063	1063	HB2834 - 29 - LRB103 26876 AWJ 53240 b
1064	1064
1065	1065
1066	1066	HB2834- 30 -LRB103 26876 AWJ 53240 b HB2834 - 30 - LRB103 26876 AWJ 53240 b
1067	1067	HB2834 - 30 - LRB103 26876 AWJ 53240 b
1068	1068	1 order to effectively and efficiently achieve the purpose of
1069	1069	2 the Compact. Notwithstanding the foregoing, in the event the
1070	1070	3 Commission exercises its Rulemaking authority in a manner that
1071	1071	4 is beyond the scope of the purposes of the Compact, or the
1072	1072	5 powers granted hereunder, then such an action by the
1073	1073	6 Commission shall be invalid and have no force or effect.
1074	1074	7 B. The Commission shall exercise its Rulemaking powers
1075	1075	8 pursuant to the criteria set forth in this Section and the
1076	1076	9 Rules adopted thereunder. Rules and amendments shall become
1077	1077	10 binding as of the date specified in each Rule or amendment.
1078	1078	11 C. If a majority of the legislatures of the Member States
1079	1079	12 rejects a Rule, by enactment of a statute or resolution in the
1080	1080	13 same manner used to adopt the Compact within 4 years of the
1081	1081	14 date of adoption of the Rule, then such Rule shall have no
1082	1082	15 further force and effect in any Member State.
1083	1083	16 D. Rules or amendments to the Rules shall be adopted at a
1084	1084	17 regular or special meeting of the Commission.
1085	1085	18 E. Prior to promulgation and adoption of a final Rule or
1086	1086	19 Rules by the Commission, and at least 30 days in advance of the
1087	1087	20 meeting at which the Rule will be considered and voted upon,
1088	1088	21 the Commission shall file a Notice of Proposed Rulemaking:
1089	1089	22 1. On the website of the Commission or other publicly
1090	1090	23 accessible platform; and
1091	1091	24 2. On the website of each Member State Professional
1092	1092	25 Counseling Licensing Board or other publicly accessible
1093	1093	26 platform or the publication in which each State would
1094	1094
1095	1095
1096	1096
1097	1097
1098	1098
1099	1099	HB2834 - 30 - LRB103 26876 AWJ 53240 b
1100	1100
1101	1101
1102	1102	HB2834- 31 -LRB103 26876 AWJ 53240 b HB2834 - 31 - LRB103 26876 AWJ 53240 b
1103	1103	HB2834 - 31 - LRB103 26876 AWJ 53240 b
1104	1104	1 otherwise publish proposed Rules.
1105	1105	2 F. The Notice of Proposed Rulemaking shall include:
1106	1106	3 1. The proposed time, date, and location of the
1107	1107	4 meeting in which the Rule will be considered and voted
1108	1108	5 upon;
1109	1109	6 2. The text of the proposed Rule or amendment and the
1110	1110	7 reason for the proposed Rule;
1111	1111	8 3. A request for comments on the proposed Rule from
1112	1112	9 any interested person; and
1113	1113	10 4. The manner in which interested persons may submit
1114	1114	11 notice to the Commission of their intention to attend the
1115	1115	12 public hearing and any written comments.
1116	1116	13 G. Prior to adoption of a proposed Rule, the Commission
1117	1117	14 shall allow persons to submit written data, facts, opinions,
1118	1118	15 and arguments, which shall be made available to the public.
1119	1119	16 H. The Commission shall grant an opportunity for a public
1120	1120	17 hearing before it adopts a Rule or amendment if a hearing is
1121	1121	18 requested by:
1122	1122	19 1. At least 25 persons;
1123	1123	20 2. A State or federal governmental subdivision or
1124	1124	21 agency; or
1125	1125	22 3. An association having at least 25 members.
1126	1126	23 I. If a hearing is held on the proposed Rule or amendment,
1127	1127	24 the Commission shall publish the place, time, and date of the
1128	1128	25 scheduled public hearing. If the hearing is held via
1129	1129	26 electronic means, the Commission shall publish the mechanism
1130	1130
1131	1131
1132	1132
1133	1133
1134	1134
1135	1135	HB2834 - 31 - LRB103 26876 AWJ 53240 b
1136	1136
1137	1137
1138	1138	HB2834- 32 -LRB103 26876 AWJ 53240 b HB2834 - 32 - LRB103 26876 AWJ 53240 b
1139	1139	HB2834 - 32 - LRB103 26876 AWJ 53240 b
1140	1140	1 for access to the electronic hearing.
1141	1141	2 1. All persons wishing to be heard at the hearing
1142	1142	3 shall notify the executive director of the Commission or
1143	1143	4 other designated member in writing of their desire to
1144	1144	5 appear and testify at the hearing not less than 5 business
1145	1145	6 days before the scheduled date of the hearing.
1146	1146	7 2. Hearings shall be conducted in a manner providing
1147	1147	8 each person who wishes to comment a fair and reasonable
1148	1148	9 opportunity to comment orally or in writing.
1149	1149	10 3. All hearings will be recorded. A copy of the
1150	1150	11 recording will be made available on request.
1151	1151	12 4. Nothing in this section shall be construed as
1152	1152	13 requiring a separate hearing on each Rule. Rules may be
1153	1153	14 grouped for the convenience of the Commission at hearings
1154	1154	15 required by this section.
1155	1155	16 J. Following the scheduled hearing date, or by the close
1156	1156	17 of business on the scheduled hearing date if the hearing was
1157	1157	18 not held, the Commission shall consider all written and oral
1158	1158	19 comments received.
1159	1159	20 K. If no written notice of intent to attend the public
1160	1160	21 hearing by interested parties is received, the Commission may
1161	1161	22 proceed with promulgation of the proposed Rule without a
1162	1162	23 public hearing.
1163	1163	24 L. The Commission shall, by majority vote of all members,
1164	1164	25 take final action on the proposed Rule and shall determine the
1165	1165	26 effective date of the Rule, if any, based on the Rulemaking
1166	1166
1167	1167
1168	1168
1169	1169
1170	1170
1171	1171	HB2834 - 32 - LRB103 26876 AWJ 53240 b
1172	1172
1173	1173
1174	1174	HB2834- 33 -LRB103 26876 AWJ 53240 b HB2834 - 33 - LRB103 26876 AWJ 53240 b
1175	1175	HB2834 - 33 - LRB103 26876 AWJ 53240 b
1176	1176	1 record and the full text of the Rule.
1177	1177	2 M. Upon determination that an emergency exists, the
1178	1178	3 Commission may consider and adopt an emergency Rule without
1179	1179	4 prior notice, opportunity for comment, or hearing, provided
1180	1180	5 that the usual Rulemaking procedures provided in the Compact
1181	1181	6 and in this section shall be retroactively applied to the Rule
1182	1182	7 as soon as reasonably possible, in no event later than 90 days
1183	1183	8 after the effective date of the Rule. For the purposes of this
1184	1184	9 provision, an emergency Rule is one that must be adopted
1185	1185	10 immediately in order to:
1186	1186	11 1. Meet an imminent threat to public health, safety,
1187	1187	12 or welfare;
1188	1188	13 2. Prevent a loss of Commission or Member State funds;
1189	1189	14 3. Meet a deadline for the promulgation of an
1190	1190	15 administrative Rule that is established by federal law or
1191	1191	16 Rule; or
1192	1192	17 4. Protect public health and safety.
1193	1193	18 N. The Commission or an authorized committee of the
1194	1194	19 Commission may direct revisions to a previously adopted Rule
1195	1195	20 or amendment for purposes of correcting typographical errors,
1196	1196	21 errors in format, errors in consistency, or grammatical
1197	1197	22 errors. Public notice of any revision shall be posted on the
1198	1198	23 website of the Commission. The revision shall be subject to
1199	1199	24 challenge by any person for a period of 30 days after posting.
1200	1200	25 The revision may be challenged only on grounds that the
1201	1201	26 revision results in a material change to a Rule. A challenge
1202	1202
1203	1203
1204	1204
1205	1205
1206	1206
1207	1207	HB2834 - 33 - LRB103 26876 AWJ 53240 b
1208	1208
1209	1209
1210	1210	HB2834- 34 -LRB103 26876 AWJ 53240 b HB2834 - 34 - LRB103 26876 AWJ 53240 b
1211	1211	HB2834 - 34 - LRB103 26876 AWJ 53240 b
1212	1212	1 shall be made in writing and delivered to the chair of the
1213	1213	2 Commission prior to the end of the notice period. If no
1214	1214	3 challenge is made, the revision will take effect without
1215	1215	4 further action. If the revision is challenged, the revision
1216	1216	5 may not take effect without the approval of the Commission.
1217	1217	6 SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1218	1218	7 A. Oversight
1219	1219	8 1. The executive, legislative, and judicial branches
1220	1220	9 of State government in each Member State shall enforce
1221	1221	10 this Compact and take all actions necessary and
1222	1222	11 appropriate to effectuate the Compact's purposes and
1223	1223	12 intent. The provisions of this Compact and the Rules
1224	1224	13 promulgated hereunder shall have standing as statutory
1225	1225	14 law.
1226	1226	15 2. All courts shall take judicial notice of the
1227	1227	16 Compact and the Rules in any judicial or administrative
1228	1228	17 proceeding in a Member State pertaining to the subject
1229	1229	18 matter of this Compact which may affect the powers,
1230	1230	19 responsibilities, or actions of the Commission.
1231	1231	20 3. The Commission shall be entitled to receive service
1232	1232	21 of process in any such proceeding and shall have standing
1233	1233	22 to intervene in such a proceeding for all purposes.
1234	1234	23 Failure to provide service of process to the Commission
1235	1235	24 shall render a judgment or order void as to the
1236	1236	25 Commission, this Compact, or promulgated Rules.
1237	1237
1238	1238
1239	1239
1240	1240
1241	1241
1242	1242	HB2834 - 34 - LRB103 26876 AWJ 53240 b
1243	1243
1244	1244
1245	1245	HB2834- 35 -LRB103 26876 AWJ 53240 b HB2834 - 35 - LRB103 26876 AWJ 53240 b
1246	1246	HB2834 - 35 - LRB103 26876 AWJ 53240 b
1247	1247	1 B. Default, Technical Assistance, and Termination
1248	1248	2 1. If the Commission determines that a Member State
1249	1249	3 has defaulted in the performance of its obligations or
1250	1250	4 responsibilities under this Compact or the promulgated
1251	1251	5 Rules, the Commission shall:
1252	1252	6 a. Provide written notice to the defaulting State
1253	1253	7 and other Member States of the nature of the default,
1254	1254	8 the proposed means of curing the default or any other
1255	1255	9 action to be taken by the Commission; and
1256	1256	10 b. Provide remedial training and specific
1257	1257	11 technical assistance regarding the default.
1258	1258	12 C. If a Member State in default fails to cure the default,
1259	1259	13 the defaulting Member State may be terminated from the Compact
1260	1260	14 upon an affirmative vote of a majority of the Member States,
1261	1261	15 and all rights, privileges and benefits conferred by this
1262	1262	16 Compact may be terminated on the effective date of
1263	1263	17 termination. A cure of the default does not relieve the
1264	1264	18 offending Member State of obligations or liabilities incurred
1265	1265	19 during the period of default.
1266	1266	20 D. Termination of membership in the Compact shall be
1267	1267	21 imposed only after all other means of securing compliance have
1268	1268	22 been exhausted. Notice of intent to suspend or terminate shall
1269	1269	23 be given by the Commission to the governor, the majority and
1270	1270	24 minority leaders of the defaulting State's legislature, and
1271	1271	25 each of the Member States.
1272	1272	26 E. A Member State that has been terminated is responsible
1273	1273
1274	1274
1275	1275
1276	1276
1277	1277
1278	1278	HB2834 - 35 - LRB103 26876 AWJ 53240 b
1279	1279
1280	1280
1281	1281	HB2834- 36 -LRB103 26876 AWJ 53240 b HB2834 - 36 - LRB103 26876 AWJ 53240 b
1282	1282	HB2834 - 36 - LRB103 26876 AWJ 53240 b
1283	1283	1 for all assessments, obligations, and liabilities incurred
1284	1284	2 through the effective date of termination, including
1285	1285	3 obligations that extend beyond the effective date of
1286	1286	4 termination.
1287	1287	5 F. The Commission shall not bear any costs related to a
1288	1288	6 Member State that is found to be in default or that has been
1289	1289	7 terminated from the Compact, unless agreed upon in writing
1290	1290	8 between the Commission and the defaulting Member State.
1291	1291	9 G. The defaulting Member State may appeal the action of
1292	1292	10 the Commission by petitioning the U.S. District Court for the
1293	1293	11 District of Columbia or the federal district where the
1294	1294	12 Commission has its principal offices. The prevailing Member
1295	1295	13 State shall be awarded all costs of such litigation, including
1296	1296	14 reasonable attorney's fees.
1297	1297	15 H. Dispute Resolution
1298	1298	16 1. Upon request by a Member State, the Commission
1299	1299	17 shall attempt to resolve disputes related to the Compact
1300	1300	18 that arise among Member States and between Member and
1301	1301	19 non-Member States.
1302	1302	20 2. The Commission shall promulgate a Rule providing
1303	1303	21 for both mediation and binding dispute resolution for
1304	1304	22 disputes as appropriate.
1305	1305	23 I. Enforcement
1306	1306	24 1. The Commission, in the reasonable exercise of its
1307	1307	25 discretion, shall enforce the provisions and Rules of this
1308	1308	26 Compact.
1309	1309
1310	1310
1311	1311
1312	1312
1313	1313
1314	1314	HB2834 - 36 - LRB103 26876 AWJ 53240 b
1315	1315
1316	1316
1317	1317	HB2834- 37 -LRB103 26876 AWJ 53240 b HB2834 - 37 - LRB103 26876 AWJ 53240 b
1318	1318	HB2834 - 37 - LRB103 26876 AWJ 53240 b
1319	1319	1 2. By majority vote, the Commission may initiate legal
1320	1320	2 action in the United States District Court for the
1321	1321	3 District of Columbia or the federal district where the
1322	1322	4 Commission has its principal offices against a Member
1323	1323	5 State in default to enforce compliance with the provisions
1324	1324	6 of the Compact and its promulgated Rules and bylaws. The
1325	1325	7 relief sought may include both injunctive relief and
1326	1326	8 damages. In the event judicial enforcement is necessary,
1327	1327	9 the prevailing member shall be awarded all costs of such
1328	1328	10 litigation, including reasonable attorney's fees.
1329	1329	11 3. The remedies herein shall not be the exclusive
1330	1330	12 remedies of the Commission. The Commission may pursue any
1331	1331	13 other remedies available under federal or State law.
1332	1332	14 SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING
1333	1333	15 COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND
1334	1334	16 AMENDMENT
1335	1335	17 A. The Compact shall come into effect on the date on which
1336	1336	18 the Compact statute is enacted into law in the tenth Member
1337	1337	19 State. The provisions, which become effective at that time,
1338	1338	20 shall be limited to the powers granted to the Commission
1339	1339	21 relating to assembly and the promulgation of Rules.
1340	1340	22 Thereafter, the Commission shall meet and exercise Rulemaking
1341	1341	23 powers necessary to the implementation and administration of
1342	1342	24 the Compact.
1343	1343	25 B. Any State that joins the Compact subsequent to the
1344	1344
1345	1345
1346	1346
1347	1347
1348	1348
1349	1349	HB2834 - 37 - LRB103 26876 AWJ 53240 b
1350	1350
1351	1351
1352	1352	HB2834- 38 -LRB103 26876 AWJ 53240 b HB2834 - 38 - LRB103 26876 AWJ 53240 b
1353	1353	HB2834 - 38 - LRB103 26876 AWJ 53240 b
1354	1354	1 Commission's initial adoption of the Rules shall be subject to
1355	1355	2 the Rules as they exist on the date on which the Compact
1356	1356	3 becomes law in that State. Any Rule that has been previously
1357	1357	4 adopted by the Commission shall have the full force and effect
1358	1358	5 of law on the day the Compact becomes law in that State.
1359	1359	6 C. Any Member State may withdraw from this Compact by
1360	1360	7 enacting a statute repealing the same.
1361	1361	8 1. A Member State's withdrawal shall not take effect
1362	1362	9 until 6 months after enactment of the repealing statute.
1363	1363	10 2. Withdrawal shall not affect the continuing
1364	1364	11 requirement of the withdrawing State's Professional
1365	1365	12 Counseling Licensing Board to comply with the
1366	1366	13 investigative and Adverse Action reporting requirements of
1367	1367	14 this Compact prior to the effective date of withdrawal.
1368	1368	15 D. Nothing contained in this Compact shall be construed to
1369	1369	16 invalidate or prevent any Professional Counseling licensure
1370	1370	17 agreement or other cooperative arrangement between a Member
1371	1371	18 State and a non-Member State that does not conflict with the
1372	1372	19 provisions of this Compact.
1373	1373	20 E. This Compact may be amended by the Member States. No
1374	1374	21 amendment to this Compact shall become effective and binding
1375	1375	22 upon any Member State until it is enacted into the laws of all
1376	1376	23 Member States.
1377	1377	24 SECTION 14. CONSTRUCTION AND SEVERABILITY
1378	1378	25 This Compact shall be liberally construed so as to
1379	1379
1380	1380
1381	1381
1382	1382
1383	1383
1384	1384	HB2834 - 38 - LRB103 26876 AWJ 53240 b
1385	1385
1386	1386
1387	1387	HB2834- 39 -LRB103 26876 AWJ 53240 b HB2834 - 39 - LRB103 26876 AWJ 53240 b
1388	1388	HB2834 - 39 - LRB103 26876 AWJ 53240 b
1389	1389	1 effectuate the purposes thereof. The provisions of this
1390	1390	2 Compact shall be severable and if any phrase, clause, sentence
1391	1391	3 or provision of this Compact is declared to be contrary to the
1392	1392	4 constitution of any Member State or of the United States or the
1393	1393	5 applicability thereof to any government, agency, person or
1394	1394	6 circumstance is held invalid, the validity of the remainder of
1395	1395	7 this Compact and the applicability thereof to any government,
1396	1396	8 agency, person or circumstance shall not be affected thereby.
1397	1397	9 If this Compact shall be held contrary to the constitution of
1398	1398	10 any Member State, the Compact shall remain in full force and
1399	1399	11 effect as to the remaining Member States and in full force and
1400	1400	12 effect as to the Member State affected as to all severable
1401	1401	13 matters.
1402	1402	14 SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS
1403	1403	15 A. A Licensee providing Professional Counseling services
1404	1404	16 in a Remote State under the Privilege to Practice shall adhere
1405	1405	17 to the laws and regulations, including scope of practice, of
1406	1406	18 the Remote State.
1407	1407	19 B. Nothing herein prevents the enforcement of any other
1408	1408	20 law of a Member State that is not inconsistent with the
1409	1409	21 Compact.
1410	1410	22 C. Any laws in a Member State in conflict with the Compact
1411	1411	23 are superseded to the extent of the conflict.
1412	1412	24 D. Any lawful actions of the Commission, including all
1413	1413	25 Rules and bylaws properly promulgated by the Commission, are
1414	1414
1415	1415
1416	1416
1417	1417
1418	1418
1419	1419	HB2834 - 39 - LRB103 26876 AWJ 53240 b
1420	1420
1421	1421
1422	1422	HB2834- 40 -LRB103 26876 AWJ 53240 b HB2834 - 40 - LRB103 26876 AWJ 53240 b
1423	1423	HB2834 - 40 - LRB103 26876 AWJ 53240 b
1424	1424	1 binding upon the Member States.
1425	1425	2 E. All permissible agreements between the Commission and
1426	1426	3 the Member States are binding in accordance with their terms.
1427	1427	4 F. In the event any provision of the Compact exceeds the
1428	1428	5 constitutional limits imposed on the legislature of any Member
1429	1429	6 State, the provision shall be ineffective to the extent of the
1430	1430	7 conflict with the constitutional provision in question in that
1431	1431	8 Member State.
1432	1432	9 Section 90. The Professional Counselor and Clinical
1433	1433	10 Professional Counselor Licensing and Practice Act is amended
1434	1434	11 by adding Section 12 as follows:
1435	1435	12 (225 ILCS 107/12 new)
1436	1436	13 Sec. 12. Counseling Compact.
1437	1437	14 (a) No later than 2 months after this Section's effective
1438	1438	15 date under this amendatory Act of the 103rd General Assembly,
1439	1439	16 the Board must submit a report to the General Assembly with
1440	1440	17 recommendations of any statutory changes and budgetary changes
1441	1441	18 needed to comply with the requirements of the Counseling
1442	1442	19 Compact that will be entered into pursuant to the Counseling
1443	1443	20 Compact Act.
1444	1444	21 (b) No later than 6 months after this Section's effective
1445	1445	22 date under this amendatory Act of the 103rd General Assembly,
1446	1446	23 the Board and the Department shall modify, if needed, the
1447	1447	24 Board's and the Department's rules to comply with the
1448	1448
1449	1449
1450	1450
1451	1451
1452	1452
1453	1453	HB2834 - 40 - LRB103 26876 AWJ 53240 b
1454	1454
1455	1455
1456	1456	HB2834- 41 -LRB103 26876 AWJ 53240 b HB2834 - 41 - LRB103 26876 AWJ 53240 b
1457	1457	HB2834 - 41 - LRB103 26876 AWJ 53240 b
1458	1458	1 requirements of the Counseling Compact that will be entered
1459	1459	2 into pursuant to the Counseling Compact Act.
1460	1460	3 Section 99. Effective date. This Section and Section 90
1461	1461	4 take effect upon becoming law.
1462	1462
1463	1463
1464	1464
1465	1465
1466	1466
1467	1467	HB2834 - 41 - LRB103 26876 AWJ 53240 b