UNOFFICIAL COPY 22 RS BR 334
Page 1 of 31
XXXX Jacketed
AN ACT relating to the Licensed Professional Counseling Compact. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 335.500 TO 335.599 IS CREATED 3
TO READ AS FOLLOWS: 4
SECTION 1. PURPOSE 5
The purpose of this Compact is to facilitate interstate practice of Licensed Professional 6
Counselors with the goal of improving public access to Professional Counseling 7
services. The practice of Professional Counseling occurs in the State where the client is 8
located at the time of the counseling services. The Compact preserves the regulatory 9
authority of States to protect public health and safety through the current system of 10
State licensure. 11
This Compact is designed to achieve the following objectives: 12
A. Increase public access to Professional Counseling services by providing for the 13
mutual recognition of other Member State licenses; 14
B. Enhance the States’ ability to protect the public’s health and safety; 15
C. Encourage the cooperation of Member States in regulating multistate practice for 16
Licensed Professional Counselors; 17
D. Support spouses of relocating Active Duty Military personnel; 18
E. Enhance the exchange of licensure, investigative, and disciplinary information 19
among Member States; 20
F. Allow for the use of Telehealth technology to facilitate increased access to 21
Professional Counseling services; 22
G. Support the uniformity of Professional Counseling licensure requirements 23
throughout the States to promote public safety and public health benefits; 24
H. Invest all Member States with the authority to hold a Licensed Professional 25
Counselor accountable for meeting all State practice laws in the State in which 26
the client is located at the time care is rendered through the mutual recognition 27 UNOFFICIAL COPY 22 RS BR 334
Page 2 of 31
XXXX Jacketed
of Member State licenses; 1
I. Eliminate the necessity for licenses in multiple States; and 2
J. Provide opportunities for interstate practice by Licensed Professional Counselors 3
who meet uniform licensure requirements. 4
SECTION 2. DEFINITIONS 5
As used in this Compact, and except as otherwise provided, the following definitions 6
shall apply: 7
A. "Active Duty Military" means full-time duty status in the active uniformed 8
service of the United States, including members of the National Guard and 9
Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211; 10
B. "Adverse Action" means any administrative, civil, equitable, or criminal action 11
permitted by a State’s laws which is imposed by a licensing board or other 12
authority against a Licensed Professional Counselor, including actions against 13
an individual’s license or Privilege to Practice such as revocation, suspension, 14
probation, monitoring of the licensee, limitation on the licensee’s practice, or any 15
other Encumbrance on licensure affecting a Licensed Professional Counselor’s 16
authorization to practice, including issuance of a cease and desist action; 17
C. "Alternative Program" means a non-disciplinary monitoring or practice 18
remediation process approved by a Professional Counseling Licensing Board to 19
address Impaired Practitioners; 20
D. "Continuing Competence/Education" means a requirement, as a condition of 21
license renewal, to provide evidence of participation in, and/or completion of, 22
educational and professional activities relevant to practice or area of work; 23
E. "Counseling Compact Commission" or "Commission" means the national 24
administrative body whose membership consists of all States that have enacted 25
the Compact; 26
F. "Current Significant Investigative Information" means: 27 UNOFFICIAL COPY 22 RS BR 334
Page 3 of 31
XXXX Jacketed
1. Investigative Information that a Licensing Board, after a preliminary 1
inquiry that includes notification and an opportunity for the Licensed 2
Professional Counselor to respond, if required by State law, has reason to 3
believe is not groundless and, if proved true, would indicate more than a 4
minor infraction; or 5
2. Investigative Information that indicates that the Licensed Professional 6
Counselor represents an immediate threat to public health and safety 7
regardless of whether the Licensed Professional Counselor has been 8
notified and had an opportunity to respond; 9
G. "Data System" means a repository of information about licensees, including but 10
not limited to continuing education, examination, licensure, investigative, 11
Privilege to Practice, and Adverse Action information; 12
H. "Encumbered License" means a license in which an Adverse Action restricts the 13
practice of licensed Professional Counseling by the Licensee and said Adverse 14
Action has been reported to the National Practitioners Data Bank (NPDB); 15
I. "Encumbrance" means a revocation or suspension of, or any limitation on, the 16
full and unrestricted practice of Licensed Professional Counseling by a Licensing 17
Board; 18
J. "Executive Committee" means a group of directors elected or appointed to act on 19
behalf of, and within the powers granted to them by, the Commission; 20
K. "Home State" means the Member State that is the Licensee’s primary State of 21
residence; 22
L. "Impaired Practitioner" means an individual who has a condition(s) that may 23
impair their ability to practice as a Licensed Professional Counselor without 24
some type of intervention and may include, but are not limited to, alcohol and 25
drug dependence, mental health impairment, and neurological or physical 26
impairments; 27 UNOFFICIAL COPY 22 RS BR 334
Page 4 of 31
XXXX Jacketed
M. "Investigative Information" means information, records, and documents 1
received or generated by a Professional Counseling Licensing Board pursuant to 2
an investigation; 3
N. "Jurisprudence Requirement" if required by a Member State, means the 4
assessment of an individual’s knowledge of the laws and Rules governing the 5
practice of Professional Counseling in a State; 6
O. "Licensed Professional Counselor" means a counselor licensed by a Member 7
State regardless of the title used by that State, to independently assess, diagnose, 8
and treat behavioral health conditions; 9
P. "Licensee" means an individual who currently holds an authorization from the 10
State to practice as a Licensed Professional Counselor; 11
Q. "Licensing Board" means the agency of a State, or equivalent, that is responsible 12
for the licensing and regulation of Licensed Professional Counselors; 13
R. "Member State" means a State that has enacted the Compact; 14
S. "Privilege to Practice" means a legal authorization, which is equivalent to a 15
license, permitting the practice of Professional Counseling in a Remote State; 16
T. "Professional Counseling" means the assessment, diagnosis, and treatment of 17
behavioral health conditions by a Licensed Professional Counselor; 18
U. "Remote State" means a Member State other than the Home State, where a 19
Licensee is exercising or seeking to exercise the Privilege to Practice; 20
V. "Rule" means a regulation promulgated by the Commission that has the force of 21
law; 22
W. "Single State License" means a Licensed Professional Counselor license issued 23
by a Member State that authorizes practice only within the issuing State and does 24
not include a Privilege to Practice in any other Member State; 25
X. "State" means any state, commonwealth, district, or territory of the United States 26
of America that regulates the practice of Professional Counseling; 27 UNOFFICIAL COPY 22 RS BR 334
Page 5 of 31
XXXX Jacketed
Y. "Telehealth" means the application of telecommunication technology to deliver 1
Professional Counseling services remotely to assess, diagnose, and treat 2
behavioral health conditions; 3
Z. "Unencumbered License" means a license that authorizes a Licensed 4
Professional Counselor to engage in the full and unrestricted practice of 5
Professional Counseling. 6
SECTION 3. STATE PARTICIPATION IN THE COMPACT 7
A. To Participate in the Compact, a State must currently: 8
1. License and regulate Licensed Professional Counselors; 9
2. Require Licensees to pass a nationally recognized exam approved by the 10
Commission; 11
3. Require Licensees to have a sixty (60) semester-hour (or ninety (90) 12
quarter-hour) master’s degree in counseling or sixty (60) semester-hours 13
(or ninety (90) quarter-hours) of graduate course work including the 14
following topic areas: 15
a. Professional Counseling Orientation and Ethical Practice; 16
b. Social and Cultural Diversity; 17
c. Human Growth and Development; 18
d. Career Development; 19
e. Counseling and Helping Relationships; 20
f. Group Counseling and Group Work; 21
g. Diagnosis and Treatment; 22
h. Assessment and Testing; 23
i. Research and Program Evaluation; and 24
j. Other areas as determined by the Commission. 25
4. Require Licensees to complete a supervised postgraduate professional 26
experience as defined by the Commission; 27 UNOFFICIAL COPY 22 RS BR 334
Page 6 of 31
XXXX Jacketed
5. Have a mechanism in place for receiving and investigating complaints 1
about Licensees. 2
B. A Member State shall: 3
1. Participate fully in the Commission’s Data System, including using the 4
Commission’s unique identifier as defined in Rules; 5
2. Notify the Commission, in compliance with the terms of the Compact and 6
Rules, of any Adverse Action or the availability of Investigative Information 7
regarding a Licensee; 8
3. Implement or utilize procedures for considering the criminal history records 9
of applicants for an initial Privilege to Practice. These procedures shall 10
include the submission of fingerprints or other biometric-based information 11
by applicants for the purpose of obtaining an applicant’s criminal history 12
record information from the Federal Bureau of Investigation and the 13
agency responsible for retaining that State’s criminal records; 14
a. A member state must fully implement a criminal background check 15
requirement, within a time frame established by rule, by receiving the 16
results of the Federal Bureau of Investigation record search and shall 17
use the results in making licensure decisions. 18
b. Communication between a Member State, the Commission, and 19
among Member States regarding the verification of eligibility for 20
licensure through the Compact shall not include any information 21
received from the Federal Bureau of Investigation relating to a federal 22
criminal records check performed by a Member State under Pub. L. 23
No. 92-544; 24
4. Comply with the Rules of the Commission; 25
5. Require an applicant to obtain or retain a license in the Home State and 26
meet the Home State’s qualifications for licensure or renewal of licensure, 27 UNOFFICIAL COPY 22 RS BR 334
Page 7 of 31
XXXX Jacketed
as well as all other applicable State laws; 1
6. Grant the Privilege to Practice to a Licensee holding a valid Unencumbered 2
License in another Member State in accordance with the terms of the 3
Compact and Rules; and 4
7. Provide for the attendance of the State’s commissioner to the Counseling 5
Compact Commission meetings. 6
C. Member States may charge a fee for granting the Privilege to Practice. 7
D. Individuals not residing in a Member State shall continue to be able to apply for 8
a Member State’s Single State License as provided under the laws of each 9
Member State. However, the Single State License granted to these individuals 10
shall not be recognized as granting a Privilege to Practice Professional 11
Counseling in any other Member State. 12
E. Nothing in this Compact shall affect the requirements established by a Member 13
State for the issuance of a Single State License. 14
F. A license issued to a Licensed Professional Counselor by a Home State to a 15
resident in that State shall be recognized by each Member State as authorizing a 16
Licensed Professional Counselor to practice Professional Counseling, under a 17
Privilege to Practice, in each Member State. 18
SECTION 4. PRIVILEGE TO PRACTICE 19
A. To exercise the Privilege to Practice under the terms and provisions of the 20
Compact, the Licensee shall: 21
1. Hold a license in the Home State; 22
2. Have a valid United States Social Security Number or National Practitioner 23
Identifier; 24
3. Be eligible for a Privilege to Practice in any Member State in accordance 25
with Section 4(D), (G) and (H); 26
4. Have not had any Encumbrance or restriction against any license or 27 UNOFFICIAL COPY 22 RS BR 334
Page 8 of 31
XXXX Jacketed
Privilege to Practice within the previous two (2) years; 1
5. Notify the Commission that the Licensee is seeking the Privilege to Practice 2
within a Remote State(s); 3
6. Pay any applicable fees, including any State fee, for the Privilege to 4
Practice; 5
7. Meet any Continuing Competence/Education requirements established by 6
the Home State; 7
8. Meet any Jurisprudence Requirements established by the Remote State(s) in 8
which the Licensee is seeking a Privilege to Practice; and 9
9. Report to the Commission any Adverse Action, Encumbrance, or restriction 10
on license taken by any non-Member State within thirty (30) days from the 11
date the action is taken. 12
B. The Privilege to Practice is valid until the expiration date of the Home State 13
license. The Licensee must comply with the requirements of Section 4(A) to 14
maintain the Privilege to Practice in the Remote State. 15
C. A Licensee providing Professional Counseling in a Remote State under the 16
Privilege to Practice shall adhere to the laws and regulations of the Remote State. 17
D. A Licensee providing Professional Counseling services in a Remote State is 18
subject to that State’s regulatory authority. A Remote State may, in accordance 19
with due process and that State’s laws, remove a Licensee’s Privilege to Practice 20
in the Remote State for a specific period of time, impose fines, and/or take any 21
other necessary actions to protect the health and safety of its citizens. The 22
Licensee may be ineligible for a Privilege to Practice in any Member State until 23
the specific time for removal has passed and all fines are paid. 24
E. If a Home State license is encumbered, the Licensee shall lose the Privilege to 25
Practice in any Remote State until the following occur: 26
1. The Home State license is no longer encumbered; and 27 UNOFFICIAL COPY 22 RS BR 334
Page 9 of 31
XXXX Jacketed
2. The Licensee has not had any Encumbrance or restriction against any 1
license or Privilege to Practice within the previous two (2) years. 2
F. Once an Encumbered License in the Home State is restored to good standing, the 3
Licensee must meet the requirements of Section 4(A) to obtain a Privilege to 4
Practice in any Remote State. 5
G. If a Licensee’s Privilege to Practice in any Remote State is removed, the 6
individual may lose the Privilege to Practice in all other Remote States until the 7
following occur: 8
1. The specific period of time for which the Privilege to Practice was removed 9
has ended; 10
2. All fines have been paid; and 11
3. Have not had any Encumbrance or restriction against any license or 12
Privilege to Practice within the previous two (2) years. 13
H. Once the requirements of Section 4(G) have been met, the Licensee must meet the 14
requirements in Section 4(A) to obtain a Privilege to Practice in a Remote State. 15
SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON A 16
PRIVILEGE TO PRACTICE 17
A. A Licensed Professional Counselor may hold a Home State license, which allows 18
for a Privilege to Practice in other Member States, in only one (1) Member State 19
at a time. 20
B. If a Licensed Professional Counselor changes primary State of residence by 21
moving between two (2) Member States: 22
1. The Licensed Professional Counselor shall file an application for obtaining 23
a new Home State license based on a Privilege to Practice, pay all 24
applicable fees, and notify the current and new Home State in accordance 25
with applicable Rules adopted by the Commission. 26
2. Upon receipt of an application for obtaining a new Home State license by 27 UNOFFICIAL COPY 22 RS BR 334
Page 10 of 31
XXXX Jacketed
virtue of a Privilege to Practice, the new Home State shall verify that the 1
Licensed Professional Counselor meets the pertinent criteria outlined in 2
Section 4 via the Data System without need for primary source verification 3
except for: 4
a. A Federal Bureau of Investigation fingerprint based criminal 5
background check if not previously performed or updated pursuant to 6
applicable rules adopted by the Commission in accordance with Public 7
Law 92-544; 8
b. Other criminal background check as required by the new Home State; 9
and 10
c. Completion of any requisite Jurisprudence Requirements of the new 11
Home State. 12
3. The former Home State shall convert the former Home State license into a 13
Privilege to Practice once the new Home State has activated the new Home 14
State license in accordance with applicable Rules adopted by the 15
Commission. 16
4. Notwithstanding any other provision of this Compact, if the Licensed 17
Professional Counselor cannot meet the criteria in Section 4, the new Home 18
State may apply its requirements for issuing a new Single State License. 19
5. The Licensed Professional Counselor shall pay all applicable fees to the 20
new Home State in order to be issued a new Home State license. 21
C. If a Licensed Professional Counselor changes Primary State of Residence by 22
moving from a Member State to a non-Member State, or from a non-Member 23
State to a Member State, the State criteria shall apply for issuance of a Single 24
State License in the new State. 25
D. Nothing in this Compact shall interfere with a Licensee’s ability to hold a Single 26
State License in multiple States. However, for the purposes of this Compact, a 27 UNOFFICIAL COPY 22 RS BR 334
Page 11 of 31
XXXX Jacketed
Licensee shall have only one (1) Home State license. 1
E. Nothing in this Compact shall affect the requirements established by a Member 2
State for the issuance of a Single State License. 3
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 4
Active Duty Military personnel, or their spouse, shall designate a Home State where 5
the individual has a current license in good standing. The individual may retain the 6
Home State designation during the period the service member is on active duty. 7
Subsequent to designating a Home State, the individual shall only change their Home 8
State through application for licensure in the new State, or through the process 9
outlined in Section 5. 10
SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 11
A. Member States shall recognize the right of a Licensed Professional Counselor, 12
licensed by a Home State in accordance with Section 3 and under Rules 13
promulgated by the Commission, to practice Professional Counseling in any 14
Member State via Telehealth under a Privilege to Practice as provided in the 15
Compact and Rules promulgated by the Commission. 16
B. A Licensee providing Professional Counseling services in a Remote State under 17
the Privilege to Practice shall adhere to the laws and regulations of the Remote 18
State. 19
SECTION 8. ADVERSE ACTIONS 20
A. In addition to the other powers conferred by State law, a Remote State shall have 21
the authority, in accordance with existing State due process law, to: 22
1. Take Adverse Action against a Licensed Professional Counselor’s Privilege 23
to Practice within that Member State; and 24
2. Issue subpoenas for both hearings and investigations that require the 25
attendance and testimony of witnesses as well as the production of evidence. 26
Subpoenas issued by a Licensing Board in a Member State for the 27 UNOFFICIAL COPY 22 RS BR 334
Page 12 of 31
XXXX Jacketed
attendance and testimony of witnesses or the production of evidence from 1
another Member State shall be enforced in the latter State by any court of 2
competent jurisdiction, according to the practice and procedure of that 3
court applicable to subpoenas issued in proceedings pending before it. The 4
issuing authority shall pay any witness fees, travel expenses, mileage, and 5
other fees required by the service statutes of the State in which the witnesses 6
or evidence are located. 7
Only the Home State shall have the power to take Adverse Action against a 8
Licensed Professional Counselor’s license issued by the Home State. 9
B. For purposes of taking Adverse Action, the Home State shall give the same 10
priority and effect to reported conduct received from a Member State as it would 11
if the conduct had occurred within the Home State. In so doing, the Home State 12
shall apply its own State laws to determine appropriate action. 13
C. The Home State shall complete any pending investigations of a Licensed 14
Professional Counselor who changes primary State of residence during the 15
course of the investigations. The Home State shall also have the authority to take 16
appropriate action(s) and shall promptly report the conclusions of the 17
investigations to the administrator of the Data System. The administrator of the 18
coordinated licensure information system shall promptly notify the new Home 19
State of any Adverse Actions. 20
D. A Member State, if otherwise permitted by State law, may recover from the 21
affected Licensed Professional Counselor the costs of investigations and 22
dispositions of cases resulting from any Adverse Action taken against that 23
Licensed Professional Counselor. 24
E. A Member State may take Adverse Action based on the factual findings of the 25
Remote State, provided that the Member State follows its own procedures for 26
taking the Adverse Action. 27 UNOFFICIAL COPY 22 RS BR 334
Page 13 of 31
XXXX Jacketed
F. Joint Investigations: 1
1. In addition to the authority granted to a Member State by its respective 2
Professional Counseling practice act or other applicable State law, any 3
Member State may participate with other Member States in joint 4
investigations of Licensees. 5
2. Member States shall share any investigative, litigation, or compliance 6
materials in furtherance of any joint or individual investigation initiated 7
under the Compact. 8
G. If Adverse Action is taken by the Home State against the license of a Licensed 9
Professional Counselor, the Licensed Professional Counselor’s Privilege to 10
Practice in all other Member States shall be deactivated until all Encumbrances 11
have been removed from the State license. All Home State disciplinary orders that 12
impose Adverse Action against the license of a Licensed Professional Counselor 13
shall include a Statement that the Licensed Professional Counselor’s Privilege to 14
Practice is deactivated in all Member States during the pendency of the order. 15
H. If a Member State takes Adverse Action, it shall promptly notify the administrator 16
of the Data System. The administrator of the Data System shall promptly notify 17
the Home State of any Adverse Actions by Remote States. 18
I. Nothing in this Compact shall override a Member State’s decision that 19
participation in an Alternative Program may be used in lieu of Adverse Action. 20
SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION 21
A. The Compact Member States hereby create and establish a joint public agency 22
known as the Counseling Compact Commission: 23
1. The Commission is an instrumentality of the Compact States. 24
2. Venue is proper and judicial proceedings by or against the Commission 25
shall be brought solely and exclusively in a court of competent jurisdiction 26
where the principal office of the Commission is located. The Commission 27 UNOFFICIAL COPY 22 RS BR 334
Page 14 of 31
XXXX Jacketed
may waive venue and jurisdictional defenses to the extent it adopts or 1
consents to participate in alternative dispute resolution proceedings. 2
3. Nothing in this Compact shall be construed to be a waiver of sovereign 3
immunity. 4
B. Membership, Voting, and Meetings 5
1. Each Member State shall have and be limited to one (1) delegate selected by 6
that Member State’s Licensing Board. 7
2. The delegate shall be either: 8
a. A current member of the Licensing Board at the time of appointment, 9
who is a Licensed Professional Counselor or public member; or 10
b. An administrator of the Licensing Board. 11
3. Any delegate may be removed or suspended from office as provided by the 12
law of the State from which the delegate is appointed. 13
4. The Member State Licensing Board shall fill any vacancy occurring on the 14
Commission within sixty (60) days. 15
5. Each delegate shall be entitled to one (1) vote with regard to the 16
promulgation of Rules and creation of bylaws and shall otherwise have an 17
opportunity to participate in the business and affairs of the Commission. 18
6. A delegate shall vote in person or by such other means as provided in the 19
bylaws. The bylaws may provide for delegates’ participation in meetings by 20
telephone or other means of communication. 21
7. The Commission shall meet at least once during each calendar year. 22
Additional meetings shall be held as set forth in the bylaws. 23
8. The Commission shall by Rule establish a term of office for delegates and 24
may by Rule establish term limits. 25
C. The Commission shall have the following powers and duties: 26
1. Establish the fiscal year of the Commission; 27 UNOFFICIAL COPY 22 RS BR 334
Page 15 of 31
XXXX Jacketed
2. Establish bylaws; 1
3. Maintain its financial records in accordance with the bylaws; 2
4. Meet and take such actions as are consistent with the provisions of this 3
Compact and the bylaws; 4
5. Promulgate Rules which shall be binding to the extent and in the manner 5
provided for in the Compact; 6
6. Bring and prosecute legal proceedings or actions in the name of the 7
Commission, provided that the standing of any State Licensing Board to sue 8
or be sued under applicable law shall not be affected; 9
7. Purchase and maintain insurance and bonds; 10
8. Borrow, accept, or contract for services of personnel, including but not 11
limited to employees of a Member State; 12
9. Hire employees, elect or appoint officers, fix compensation, define duties, 13
grant such individuals appropriate authority to carry out the purposes of the 14
Compact, and establish the Commission’s personnel policies and programs 15
relating to conflicts of interest, qualifications of personnel, and other 16
related personnel matters; 17
10. Accept any and all appropriate donations and grants of money, equipment, 18
supplies, materials, and services, and to receive, utilize, and dispose of the 19
same; provided that at all times the Commission shall avoid any appearance 20
of impropriety and/or conflict of interest; 21
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to 22
own, hold, improve, or use any property, real, personal, or mixed; provided 23
that at all times the Commission shall avoid any appearance of impropriety; 24
12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 25
dispose of any property real, personal, or mixed; 26
13. Establish a budget and make expenditures; 27 UNOFFICIAL COPY 22 RS BR 334
Page 16 of 31
XXXX Jacketed
14. Borrow money; 1
15. Appoint committees, including standing committees composed of members, 2
State regulators, State legislators or their representatives, consumer 3
representatives, and such other interested persons as may be designated in 4
this Compact and the bylaws; 5
16. Provide and receive information from, and cooperate with, law enforcement 6
agencies; 7
17. Establish and elect an Executive Committee; and 8
18. Perform such other functions as may be necessary or appropriate to achieve 9
the purposes of this Compact consistent with the State regulation of 10
Professional Counseling licensure and practice. 11
D. The Executive Committee 12
1. The Executive Committee shall have the power to act on behalf of the 13
Commission according to the terms of this Compact. 14
2. The Executive Committee shall be composed of up to eleven (11) members: 15
a. Seven (7) voting members who are elected by the Commission from 16
the current membership of the Commission; and 17
b. Up to four (4) ex-officio, nonvoting members from four (4) recognized 18
national professional counselor organizations. The ex-officio 19
members shall be selected by their respective organizations. 20
3. The Commission may remove any member of the Executive Committee as 21
provided in bylaws. 22
4. The Executive Committee shall meet at least annually. 23
5. The Executive Committee shall have the following duties and 24
responsibilities: 25
a. Recommend to the entire Commission changes to the Rules or bylaws, 26
changes to this Compact legislation, fees paid by Compact Member 27 UNOFFICIAL COPY 22 RS BR 334
Page 17 of 31
XXXX Jacketed
States such as annual dues, and any Commission Compact fee 1
charged to Licensees for the Privilege to Practice; 2
b. Ensure Compact administration services are appropriately provided, 3
contractual or otherwise; 4
c. Prepare and recommend the budget; 5
d. Maintain financial records on behalf of the Commission; 6
e. Monitor Compact compliance of Member States and provide 7
compliance reports to the Commission; 8
f. Establish additional committees as necessary; and 9
g. Other duties as provided in Rules or bylaws. 10
E. Meetings of the Commission 11
1. All meetings shall be open to the public, and public notice of meetings shall 12
be given in the same manner as required under the Rulemaking provisions 13
in Section 11. 14
2. The Commission or the Executive Committee or other committees of the 15
Commission may convene in a closed, non-public meeting if the 16
Commission or Executive Committee or other committees of the 17
Commission must discuss: 18
a. Non-compliance of a Member State with its obligations under the 19
Compact; 20
b. The employment, compensation, discipline, or other matters, practices, 21
or procedures related to specific employees or other matters related to 22
the Commission’s internal personnel practices and procedures; 23
c. Current, threatened, or reasonably anticipated litigation; 24
d. Negotiation of contracts for the purchase, lease, or sale of goods, 25
services, or real estate; 26
e. Accusing any person of a crime or formally censuring any person; 27 UNOFFICIAL COPY 22 RS BR 334
Page 18 of 31
XXXX Jacketed
f. Disclosure of trade secrets or commercial or financial information 1
that is privileged or confidential; 2
g. Disclosure of information of a personal nature where disclosure 3
would constitute a clearly unwarranted invasion of personal privacy; 4
h. Disclosure of investigative records compiled for law enforcement 5
purposes; 6
i. Disclosure of information related to any investigative reports prepared 7
by or on behalf of or for use of the Commission or other committee 8
charged with responsibility of investigation or determination of 9
compliance issues pursuant to the Compact; or 10
j. Matters specifically exempted from disclosure by federal or Member 11
State statute. 12
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, 13
the Commission’s legal counsel or designee shall certify that the meeting 14
may be closed and shall reference each relevant exempting provision. 15
4. The Commission shall keep minutes that fully and clearly describe all 16
matters discussed in a meeting and shall provide a full and accurate 17
summary of actions taken, and the reasons therefor, including a description 18
of the views expressed. All documents considered in connection with an 19
action shall be identified in such minutes. All minutes and documents of a 20
closed meeting shall remain under seal, subject to release by a majority vote 21
of the Commission or order of a court of competent jurisdiction. 22
F. Financing of the Commission 23
1. The Commission shall pay, or provide for the payment of, the reasonable 24
expenses of its establishment, organization, and ongoing activities. 25
2. The Commission may accept any and all appropriate revenue sources, 26
donations, and grants of money, equipment, supplies, materials, and 27 UNOFFICIAL COPY 22 RS BR 334
Page 19 of 31
XXXX Jacketed
services. 1
3. The Commission may levy on and collect an annual assessment from each 2
Member State or impose fees on other parties to cover the cost of the 3
operations and activities of the Commission and its staff, which must be in a 4
total amount sufficient to cover its annual budget as approved each year for 5
which revenue is not provided by other sources. The aggregate annual 6
assessment amount shall be allocated based upon a formula to be 7
determined by the Commission, which shall promulgate a Rule binding 8
upon all Member States. 9
4. The Commission shall not incur obligations of any kind prior to securing 10
the funds adequate to meet the same; nor shall the Commission pledge the 11
credit of any of the Member States, except by and with the authority of the 12
Member State. The Commission shall keep accurate accounts of all receipts 13
and disbursements. The receipts and disbursements of the Commission 14
shall be subject to the audit and accounting procedures established under 15
its bylaws. However, all receipts and disbursements of funds handled by the 16
Commission shall be audited yearly by a certified or licensed public 17
accountant, and the report of the audit shall be included in and become part 18
of the annual report of the Commission. 19
G. Qualified Immunity, Defense, and Indemnification 20
1. The members, officers, executive director, employees, and representatives of 21
the Commission shall be immune from suit and liability, either personally 22
or in their official capacity, for any claim for damage to or loss of property 23
or personal injury or other civil liability caused by or arising out of any 24
actual or alleged act, error, or omission that occurred, or that the person 25
against whom the claim is made had a reasonable basis for believing 26
occurred within the scope of Commission employment, duties, or 27 UNOFFICIAL COPY 22 RS BR 334
Page 20 of 31
XXXX Jacketed
responsibilities; provided that nothing in this paragraph shall be construed 1
to protect any such person from suit and/or liability for any damage, loss, 2
injury, or liability caused by the intentional, willful, or wanton misconduct 3
of that person. 4
2. The Commission shall defend any member, officer, executive director, 5
employee, or representative of the Commission in any civil action seeking to 6
impose liability arising out of any actual or alleged act, error, or omission 7
that occurred within the scope of Commission employment, duties, or 8
responsibilities, or that the person against whom the claim is made had a 9
reasonable basis for believing occurred within the scope of Commission 10
employment, duties, or responsibilities; provided that nothing herein shall 11
be construed to prohibit that person from retaining his or her own counsel; 12
and provided further, that the actual or alleged act, error, or omission did 13
not result from that person’s intentional, willful, or wanton misconduct. 14
3. The Commission shall indemnify and hold harmless any member, officer, 15
executive director, employee, or representative of the Commission for the 16
amount of any settlement or judgment obtained against that person arising 17
out of any actual or alleged act, error, or omission that occurred within the 18
scope of Commission employment, duties, or responsibilities, or that such 19
person had a reasonable basis for believing occurred within the scope of 20
Commission employment, duties, or responsibilities, provided that the 21
actual or alleged act, error, or omission did not result from the intentional, 22
willful, or wanton misconduct of that person. 23
SECTION 10. DATA SYSTEM 24
A. The Commission shall provide for the development, maintenance, operation, and 25
utilization of a coordinated database and reporting system containing licensure, 26
Adverse Action, and Investigative Information on all licensed individuals in 27 UNOFFICIAL COPY 22 RS BR 334
Page 21 of 31
XXXX Jacketed
Member States. 1
B. Notwithstanding any other provision of State law to the contrary, a Member State 2
shall submit a uniform data set to the Data System on all individuals to whom 3
this Compact is applicable as required by the Rules of the Commission, 4
including: 5
1. Identifying information; 6
2. Licensure data; 7
3. Adverse Actions against a license or Privilege to Practice; 8
4. Non-confidential information related to Alternative Program participation; 9
5. Any denial of application for licensure, and the reason(s) for such denial; 10
6. Current Significant Investigative Information; and 11
7. Other information that may facilitate the administration of this Compact, as 12
determined by the Rules of the Commission. 13
C. Investigative Information pertaining to a Licensee in any Member State shall 14
only be available to other Member States. 15
D. The Commission shall promptly notify all Member States of any Adverse Action 16
taken against a Licensee or an individual applying for a license. Adverse Action 17
information pertaining to a Licensee in any Member State will be available to any 18
other Member State. 19
E. Member States contributing information to the Data System may designate 20
information that may not be shared with the public without the express 21
permission of the contributing State. 22
F. Any information submitted to the Data System that is subsequently required to be 23
expunged by the laws of the Member State contributing the information shall be 24
removed from the Data System. 25
SECTION 11. RULEMAKING 26
A. The Commission shall promulgate reasonable Rules in order to effectively and 27 UNOFFICIAL COPY 22 RS BR 334
Page 22 of 31
XXXX Jacketed
efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in 1
the event the Commission exercises its Rulemaking authority in a manner that is 2
beyond the scope of the purposes of the Compact, or the powers granted 3
hereunder, then such an action by the Commission shall be invalid and have no 4
force or effect. 5
B. The Commission shall exercise its Rulemaking powers pursuant to the criteria set 6
forth in this Section and the Rules adopted thereunder. Rules and amendments 7
shall become binding as of the date specified in each Rule or amendment. 8
C. If a majority of the legislatures of the Member States rejects a Rule, by enactment 9
of a statute or resolution in the same manner used to adopt the Compact within 10
four (4) years of the date of adoption of the Rule, then such Rule shall have no 11
further force and effect in any Member State. 12
D. Rules or amendments to the Rules shall be adopted at a regular or special 13
meeting of the Commission. 14
E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, 15
and at least thirty (30) days in advance of the meeting at which the Rule will be 16
considered and voted upon, the Commission shall file a Notice of Proposed 17
Rulemaking: 18
1. On the website of the Commission or other publicly accessible platform; 19
and 20
2. On the website of each Member State Professional Counseling Licensing 21
Board or other publicly accessible platform or the publication in which 22
each State would otherwise publish proposed Rules. 23
F. The Notice of Proposed Rulemaking shall include: 24
1. The proposed time, date, and location of the meeting in which the Rule 25
shall be considered and voted upon; 26
2. The text of the proposed Rule or amendment and the reason for the 27 UNOFFICIAL COPY 22 RS BR 334
Page 23 of 31
XXXX Jacketed
proposed Rule; 1
3. A request for comments on the proposed Rule from any interested person; 2
and 3
4. The manner in which interested persons may submit notice to the 4
Commission of their intention to attend the public hearing and any written 5
comments. 6
G. Prior to adoption of a proposed Rule, the Commission shall allow persons to 7
submit written data, facts, opinions, and arguments, which shall be made 8
available to the public. 9
H. The Commission shall grant an opportunity for a public hearing before it adopts 10
a Rule or amendment if a hearing is requested by: 11
1. At least twenty-five (25) persons; 12
2. A State or federal governmental subdivision or agency; or 13
3. An association having at least twenty-five (25) members. 14
I. If a hearing is held on the proposed Rule or amendment, the Commission shall 15
publish the place, time, and date of the scheduled public hearing. If the hearing 16
is held via electronic means, the Commission shall publish the mechanism for 17
access to the electronic hearing. 18
1. All persons wishing to be heard at the hearing shall notify the executive 19
director of the Commission or other designated member in writing of their 20
desire to appear and testify at the hearing not less than five (5) business 21
days before the scheduled date of the hearing. 22
2. Hearings shall be conducted in a manner providing each person who 23
wishes to comment a fair and reasonable opportunity to comment orally or 24
in writing. 25
3. All hearings shall be recorded. A copy of the recording shall be made 26
available on request. 27 UNOFFICIAL COPY 22 RS BR 334
Page 24 of 31
XXXX Jacketed
4. Nothing in this section shall be construed as requiring a separate hearing 1
on each Rule. Rules may be grouped for the convenience of the 2
Commission at hearings required by this section. 3
J. Following the scheduled hearing date, or by the close of business on the 4
scheduled hearing date if the hearing was not held, the Commission shall 5
consider all written and oral comments received. 6
K. If no written notice of intent to attend the public hearing by interested parties is 7
received, the Commission may proceed with promulgation of the proposed Rule 8
without a public hearing. 9
L. The Commission shall, by majority vote of all members, take final action on the 10
proposed Rule and shall determine the effective date of the Rule, if any, based on 11
the Rulemaking record and the full text of the Rule. 12
M. Upon determination that an emergency exists, the Commission may consider and 13
adopt an emergency Rule without prior notice, opportunity for comment, or 14
hearing, provided that the usual Rulemaking procedures provided in the Compact 15
and in this section shall be retroactively applied to the Rule as soon as reasonably 16
possible, in no event later than ninety (90) days after the effective date of the 17
Rule. For the purposes of this provision, an emergency Rule is one that must be 18
adopted immediately in order to: 19
1. Meet an imminent threat to public health, safety, or welfare; 20
2. Prevent a loss of Commission or Member State funds; 21
3. Meet a deadline for the promulgation of an administrative Rule that is 22
established by federal law or Rule; or 23
4. Protect public health and safety. 24
N. The Commission or an authorized committee of the Commission may direct 25
revisions to a previously adopted Rule or amendment for purposes of correcting 26
typographical errors, errors in format, errors in consistency, or grammatical 27 UNOFFICIAL COPY 22 RS BR 334
Page 25 of 31
XXXX Jacketed
errors. Public notice of any revisions shall be posted on the website of the 1
Commission. The revision shall be subject to challenge by any person for a period 2
of thirty (30) days after posting. The revision may be challenged only on grounds 3
that the revision results in a material change to a Rule. A challenge shall be 4
made in writing and delivered to the chair of the Commission prior to the end of 5
the notice period. If no challenge is made, the revision will take effect without 6
further action. If the revision is challenged, the revision may not take effect 7
without the approval of the Commission. 8
SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 9
A. Oversight 10
1. The executive, legislative, and judicial branches of State government in 11
each Member State shall enforce this Compact and take all actions 12
necessary and appropriate to effectuate the Compact’s purposes and intent. 13
The provisions of this Compact and the Rules promulgated hereunder shall 14
have standing as statutory law. 15
2. All courts shall take judicial notice of the Compact and the Rules in any 16
judicial or administrative proceeding in a Member State pertaining to the 17
subject matter of this Compact which may affect the powers, 18
responsibilities, or actions of the Commission. 19
3. The Commission shall be entitled to receive service of process in any such 20
proceeding and shall have standing to intervene in such a proceeding for all 21
purposes. Failure to provide service of process to the Commission shall 22
render a judgment or order void as to the Commission, this Compact, or 23
promulgated Rules. 24
B. Default, Technical Assistance, and Termination 25
1. If the Commission determines that a Member State has defaulted in the 26
performance of its obligations or responsibilities under this Compact or the 27 UNOFFICIAL COPY 22 RS BR 334
Page 26 of 31
XXXX Jacketed
promulgated Rules, the Commission shall: 1
a. Provide written notice to the defaulting State and other Member States 2
of the nature of the default, the proposed means of curing the default 3
and/or any other action to be taken by the Commission; and 4
b. Provide remedial training and specific technical assistance regarding 5
the default. 6
C. If a State in default fails to cure the default, the defaulting State may be 7
terminated from the Compact upon an affirmative vote of a majority of the 8
Member States, and all rights, privileges, and benefits conferred by this Compact 9
may be terminated on the effective date of termination. A cure of the default does 10
not relieve the offending State of obligations or liabilities incurred during the 11
period of default. 12
D. Termination of membership in the Compact shall be imposed only after all other 13
means of securing compliance have been exhausted. Notice of intent to suspend 14
or terminate shall be given by the Commission to the governor, the majority and 15
minority leaders of the defaulting State’s legislature, and each of the Member 16
States. 17
E. A State that has been terminated is responsible for all assessments, obligations, 18
and liabilities incurred through the effective date of termination, including 19
obligations that extend beyond the effective date of termination. 20
F. The Commission shall not bear any costs related to a State that is found to be in 21
default or that has been terminated from the Compact, unless agreed upon in 22
writing between the Commission and the defaulting State. 23
G. The defaulting State may appeal the action of the Commission by petitioning the 24
U.S. District Court for the District of Columbia or the federal district where the 25
Commission has its principal offices. The prevailing member shall be awarded all 26
costs of such litigation, including reasonable attorney’s fees. 27 UNOFFICIAL COPY 22 RS BR 334
Page 27 of 31
XXXX Jacketed
H. Dispute Resolution 1
1. Upon request by a Member State, the Commission shall attempt to resolve 2
disputes related to the Compact that arise among Member States and 3
between member and non-Member States. 4
2. The Commission shall promulgate a Rule providing for both mediation and 5
binding dispute resolution for disputes as appropriate. 6
I. Enforcement 7
1. The Commission, in the reasonable exercise of its discretion, shall enforce 8
the provisions and Rules of this Compact. 9
2. By majority vote, the Commission may initiate legal action in the United 10
States District Court for the District of Columbia or the federal district 11
where the Commission has its principal offices against a Member State in 12
default to enforce compliance with the provisions of the Compact and its 13
promulgated Rules and bylaws. The relief sought may include both 14
injunctive relief and damages. In the event judicial enforcement is 15
necessary, the prevailing member shall be awarded all costs of such 16
litigation, including reasonable attorney’s fees. 17
3. The remedies herein shall not be the exclusive remedies of the Commission. 18
The Commission may pursue any other remedies available under federal or 19
State law. 20
SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT 21
COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 22
A. The Compact shall come into effect on the date on which the Compact statute is 23
enacted into law in the tenth Member State. The provisions, which become 24
effective at that time, shall be limited to the powers granted to the Commission 25
relating to assembly and the promulgation of Rules. Thereafter, the Commission 26
shall meet and exercise Rulemaking powers necessary to the implementation and 27 UNOFFICIAL COPY 22 RS BR 334
Page 28 of 31
XXXX Jacketed
administration of the Compact. 1
B. Any State that joins the Compact subsequent to the Commission’s initial adoption 2
of the Rules shall be subject to the Rules as they exist on the date on which the 3
Compact becomes law in that State. Any Rule that has been previously adopted by 4
the Commission shall have the full force and effect of law on the day the 5
Compact becomes law in that State. 6
C. Any Member State may withdraw from this Compact by enacting a statute 7
repealing the same. 8
1. A Member State’s withdrawal shall not take effect until six (6) months after 9
enactment of the repealing statute. 10
2. Withdrawal shall not affect the continuing requirement of the withdrawing 11
State’s Professional Counseling Licensing Board to comply with the 12
investigative and Adverse Action reporting requirements of this Act prior to 13
the effective date of withdrawal. 14
D. Nothing contained in this Compact shall be construed to invalidate or prevent 15
any Professional Counseling licensure agreement or other cooperative 16
arrangement between a Member State and a non-Member State that does not 17
conflict with the provisions of this Compact. 18
E. This Compact may be amended by the Member States. No amendment to this 19
Compact shall become effective and binding upon any Member State until it is 20
enacted into the laws of all Member States. 21
SECTION 14. CONSTRUCTION AND SEVERABILITY 22
This Compact shall be liberally construed so as to effectuate the purposes thereof. The 23
provisions of this Compact shall be severable and if any phrase, clause, sentence, or 24
provision of this Compact is declared to be contrary to the constitution of any Member 25
State or of the United States or the applicability thereof to any government, agency, 26
person, or circumstance is held invalid, the validity of the remainder of this Compact 27 UNOFFICIAL COPY 22 RS BR 334
Page 29 of 31
XXXX Jacketed
and the applicability thereof to any government, agency, person, or circumstance shall 1
not be affected thereby. If this Compact shall be held contrary to the constitution of 2
any Member State, the Compact shall remain in full force and effect as to the 3
remaining Member States and in full force and effect as to the Member State affected 4
as to all severable matters. 5
SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS 6
A. A Licensee providing Professional Counseling services in a Remote State under 7
the Privilege to Practice shall adhere to the laws and regulations, including scope 8
of practice, of the Remote State. 9
B. Nothing herein prevents the enforcement of any other law of a Member State that 10
is not inconsistent with the Compact. 11
C. Any laws in a Member State in conflict with the Compact are superseded to the 12
extent of the conflict. 13
D. Any lawful actions of the Commission, including all Rules and bylaws properly 14
promulgated by the Commission, are binding upon the Member States. 15
E. All permissible agreements between the Commission and the Member States are 16
binding in accordance with their terms. 17
F. In the event any provision of the Compact exceeds the constitutional limits 18
imposed on the legislature of any Member State, the provision shall be ineffective 19
to the extent of the conflict with the constitutional provision in question in that 20
Member State. 21
SECTION 16: APPLICABILITY OF KENTUCKY STATE GOVERNMENT 22
In order to clarify the effect of certain provisions of this Compact and to ensure that 23
the rights and responsibilities of the various branches of government are maintained, 24
the following shall be in effect in this state: 25
A. By entering into this Compact, this State authorizes the Licensing Board as 26
defined in Section 2(Q) of this Compact and as created by KRS Chapter 335 to 27 UNOFFICIAL COPY 22 RS BR 334
Page 30 of 31
XXXX Jacketed
implement the provisions of this Compact. 1
B. Notwithstanding any provision of this Compact to the contrary: 2
1. When a rule is adopted pursuant to Section 11 of this Compact, the 3
Licensing Board of this State as defined by Section 2(Q) of this Compact 4
shall have sixty (60) days to review the rule for the purpose of filing the rule 5
as an emergency administrative regulation pursuant to KRS 13A.190 and 6
for filing the rule as an accompanying ordinary administrative regulation, 7
following the requirements of KRS Chapter 13A. Failure by the Licensing 8
Board of this State as defined by Section 2(Q) of this Compact to 9
promulgate a rule adopted by the Counseling Compact Commission as an 10
administrative regulation pursuant to KRS Chapter 13A shall result in 11
withdrawal as set forth in Section 13 of this Compact. Nothing in these 12
provisions shall negate the applicability of a Commission rule or Section 11 13
of this Compact to this state. 14
2. If the proposed administrative regulation is found deficient and the 15
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the 16
provisions of Section 12 of this Compact shall apply. If the deficiency is 17
resolved in a manner determined by the Commission to be inconsistent with 18
this Compact or its rules, or if the procedures under Section 12 of this 19
Compact fail to resolve an issue, the withdrawal provisions of Section 13 of 20
this Compact shall apply. 21
3. If a court of competent jurisdiction determines that the Counseling 22
Compact Commission created by Section 9 of this Compact exercises its 23
Rulemaking authority in a manner that is beyond the scope of the purposes 24
of this Compact, or the powers granted under this Compact, then such an 25
action by the Commission shall be invalid and have no force or effect. 26
C. Section 9(F) of this Compact pertaining to the financing of the Commission shall 27 UNOFFICIAL COPY 22 RS BR 334
Page 31 of 31
XXXX Jacketed
not be interpreted to obligate the general fund of this State. Any funds used to 1
finance this Compact shall be from money collected pursuant to KRS 335.520. 2
D. This Compact shall apply only to those Licensed Professional Counselors who 3
practice or work under a Compact privilege. 4