ENROLLED
ACT No. 341
2022 Regular Session
HOUSE BILL NO. 582
BY REPRESENTATIVES STAGNI, CREWS, DUPLESSIS, ECHOLS, EMERSON,
FISHER, GAINES, HARRIS, IVEY, MIKE JOHNSON, JORDAN, LAFLEUR,
LARVADAIN, MARCELLE, MCMAHEN, CHARLES OWEN, PRESSLY,
SCHLEGEL, SELDERS, AND THOMPSON
1 AN ACT
2 To amend and reenact R.S. 37:1103(introductory paragraph) and to enact R.S. 37:1131
3 through 1145, relative to adding the state of Louisiana to the Licensed Professional
4 Counselors Interstate Compact; to provide for the increase of public access to
5 professional counseling services; to provide for the enhancement of public health and
6 safety; to provide for multistate practice regulations; to provide for spousal support
7 for relocating active duty military personnel; to provide for the exchange of licensure
8 among member states; to provide for use of telehealth technology; to provide for
9 uniformity of professional counseling licensure requirements; to eliminate the
10 requirement for licenses in multiple states; to provide for opportunities for interstate
11 practice by licensed professional counselors who meet uniform licensure
12 requirements; and to provide for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 37:1103(introductory paragraph) is hereby amended and reenacted
15 and R.S. 37:1131 through 1145 are hereby enacted to read as follows:
16 §1103. Definitions
17 As used in this Chapter Part, the following terms have the meaning ascribed
18 to them in this Section:
19 * * *
20 §1131. Purpose
21 A. The purpose of this compact is to facilitate interstate practice of licensed
22 professional counselors with the goal of improving public access to professional
23 counseling services. The practice of professional counseling occurs in the state
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1 where the client is located at the time of the counseling services. The compact
2 preserves the regulatory authority of states to protect public health and safety
3 through the current system of state licensure.
4 B. This compact is designed to achieve the following objectives:
5 (1) Increase public access to professional counseling services by providing
6 for the mutual recognition of other member state licenses.
7 (2) Enhance the states’ ability to protect the public’s health and safety.
8 (3) Encourage the cooperation of member states in regulating multistate
9 practice for licensed professional counselors.
10 (4) Support spouses of relocating active duty military personnel.
11 (5) Enhance the exchange of licensure, investigative, and disciplinary
12 information among member states.
13 (6) Allow for the use of telehealth technology to facilitate increased access
14 to professional counseling services.
15 (7) Support the uniformity of professional counseling licensure requirements
16 throughout the states to promote public safety and public health benefits.
17 (8) Invest all member states with the authority to hold a licensed professional
18 counselor accountable for meeting all state practice laws in the state in which the
19 client is located at the time care is rendered through the mutual recognition of
20 member state licenses.
21 (9) Eliminate the necessity for licenses in multiple states.
22 (10) Provide opportunities for interstate practice by licensed professional
23 counselors who meet uniform licensure requirements.
24 §1132. Definitions
25 As used in this compact, and except as otherwise provided, the following
26 definitions shall apply:
27 (1) "Active duty military" means full-time duty status in the active
28 uniformed service of the United States, including members of the National Guard
29 and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
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1 (2) "Adverse action" means any administrative, civil, equitable or criminal
2 action permitted by a state’s laws which is imposed by a licensing board or other
3 authority against a licensed professional counselor, including actions against an
4 individual’s license or privilege to practice such as revocation, suspension,
5 probation, monitoring of the licensee, limitation on the licensee’s practice, or any
6 other encumbrance on licensure affecting a licensed professional counselor’s
7 authorization to practice, including issuance of a cease and desist action.
8 (3) "Alternative program" means a nondisciplinary monitoring or practice
9 remediation process approved by a professional counseling licensing board to
10 address impaired practitioners.
11 (4) "Continuing competence" or "continuing education" means a
12 requirement, as a condition of license renewal, to provide evidence of completion of
13 educational and professional activities relevant to practice or area of work.
14 (5) "Counseling Compact Commission" or "commission" means the national
15 administrative body whose membership consists of all states that have enacted the
16 compact.
17 (6) "Criminal history background check" means all state records of arrest,
18 prosecution, and conviction, including those which have been expunged or dismissed
19 pursuant to Code of Criminal Procedure Articles 893 or 894, as well as national
20 records which shall include fingerprints of the applicant, biometrics, and other
21 identifying information, if so requested by the licensing board.
22 (7) "Current significant investigative information" means either of the
23 following:
24 (a) Investigative information that a licensing board, after a preliminary
25 inquiry that includes notification and an opportunity for the licensed professional
26 counselor to respond, if required by state law, has reason to believe is not groundless
27 and, if proved true, would indicate more than a minor infraction.
28 (b) Investigative information that indicates that the licensed professional
29 counselor represents an immediate threat to public health and safety regardless of
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1 whether the licensed professional counselor has been notified and had an opportunity
2 to respond.
3 (8) "Data system" means a repository of information about licensees,
4 including but not limited to continuing education, examination, licensure,
5 investigative, privilege to practice, and adverse action information.
6 (9) "Encumbered license" means a license in which an adverse action
7 restricts the practice of licensed professional counseling by the licensee and said
8 adverse action has been reported to the National Practitioners Data Bank (NPDB).
9 (10) "Encumbrance" means a revocation or suspension of, or any limitation
10 on, the full and unrestricted practice of licensed professional counseling by a
11 licensing board.
12 (11) "Executive committee" means a group of directors elected or appointed
13 to act on behalf of, and within the powers granted to them by, the commission.
14 (12) "Home state" means the member state that is the licensee’s primary
15 state of residence.
16 (13) "Impaired practitioner" means an individual who has a condition(s) that
17 may impair their ability to practice as a licensed professional counselor without some
18 type of intervention and may include but are not limited to alcohol and drug
19 dependence, mental health impairment, and neurological or physical impairments.
20 (14) "Investigative information" means information, records, and documents
21 received or generated by a professional counseling licensing board pursuant to an
22 investigation.
23 (15) "Jurisprudence requirement", if required by a member state, means the
24 assessment of an individual’s knowledge of the laws and rules governing the practice
25 of professional counseling in a state.
26 (16) "Licensed professional counselor" means a counselor licensed by a
27 member state, regardless of the title used by that state, to independently assess,
28 diagnose, and treat behavioral health conditions.
29 (17) "Licensee" means an individual who currently holds an authorization
30 from the state to practice as a licensed professional counselor.
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1 (18) "Licensing board" means the agency of a state, or equivalent, that is
2 responsible for the licensing and regulation of licensed professional counselors.
3 (19) "Member state" means a state that has enacted the compact.
4 (20) "Privilege to practice" means a legal authorization, which is equivalent
5 to a license, permitting the practice of professional counseling in a remote state.
6 (21) "Professional counseling" means the assessment, diagnosis, and
7 treatment of behavioral health conditions by a licensed professional counselor.
8 (22) "Remote state" means a member state other than the home state, where
9 a licensee is exercising or seeking to exercise the privilege to practice.
10 (23) "Rule" means a regulation promulgated by the commission that has the
11 force of law.
12 (24) "Single state license" means a licensed professional counselor license
13 issued by a member state that authorizes practice only within the issuing state and
14 does not include a privilege to practice in any other member state.
15 (25) "State" means any state, commonwealth, district, or territory of the
16 United States of America that regulates the practice of professional counseling.
17 (26) "Telehealth" means the application of telecommunication technology
18 to deliver professional counseling services remotely to assess, diagnose, and treat
19 behavioral health conditions.
20 (27) "Unencumbered license" means a license that authorizes a licensed
21 professional counselor to engage in the full and unrestricted practice of professional
22 counseling.
23 §1133. State participation in the compact
24 A. To participate in the compact, a state shall currently:
25 (1) License and regulate licensed professional counselors.
26 (2) Require licensees to pass a nationally recognized exam approved by the
27 commission.
28 (3) Require licensees to have a sixty semester-hour or ninety quarter-hour
29 master’s degree in counseling or sixty semester-hours or ninety quarter-hours of
30 graduate course work in the following areas:
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1 (a) Professional counseling orientation and ethical practice.
2 (b) Social and cultural diversity.
3 (c) Human growth and development.
4 (d) Career development.
5 (e) Counseling and helping relationships.
6 (f) Group counseling and group work.
7 (g) Diagnosis, treatment, assessment, and testing.
8 (h) Research and program evaluation.
9 (i) Other areas as determined by the commission.
10 (4) Require licensees to complete a supervised postgraduate professional
11 experience as defined by the commission.
12 (5) Have a mechanism in place for receiving and investigating complaints
13 about licensees.
14 B. A member state shall:
15 (1) Participate fully in the commission’s data system, including using the
16 commission’s unique identifier as defined in rules.
17 (2) Notify the commission, in compliance with the terms of the compact and
18 rules, of any adverse action or the availability of investigative information regarding
19 a licensee.
20 (3)(a) Implement or utilize procedures for considering the criminal history
21 records of applicants for an initial privilege to practice.
22 (b) The licensing board shall be entitled to the criminal history record and
23 identification files of the Louisiana Bureau of Criminal Identification and
24 Information located within the Department of Public Safety and Corrections, referred
25 to hereafter in this Subparagraph as the "bureau", of any person who is required to
26 be licensed as a licensed professional counselor. Fingerprints, biometrics, and other
27 identifying information of the applicant shall be submitted to the bureau for
28 qualification and registry, and the bureau shall, upon request of the licensing board
29 and after receipt of such fingerprint card and other identifying information from the
30 applicant, make available to the licensing board all arrest and conviction information
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1 contained in the bureau's criminal history record and identification files which
2 pertain to the applicant for licensure. In addition, the fingerprints shall be forwarded
3 by the bureau to the Federal Bureau of Investigation for a national criminal history
4 record check. In accordance with the authority provided for in this Chapter, the costs
5 of providing the information required pursuant to this Section shall be charged by the
6 bureau, as specified in R.S. 15:587(B), to the licensing board for furnishing
7 information contained in the bureau's criminal history record and identification files,
8 including any additional cost of providing the national criminal history records
9 check, which pertains to the applicant. The licensing board may impose any or all
10 such fees or costs on the applicant.
11 (c) A member state shall fully implement a criminal background check
12 requirement, within a time frame established by rule, by receiving the results of the
13 Federal Bureau of Investigation record search on criminal background checks and
14 use the results in making licensure decisions.
15 (d) Communication between a member state, the commission, and among
16 member states regarding the verification of eligibility for licensure through the
17 compact shall not include any information received from the Louisiana Bureau of
18 Criminal Identification and Information and from the Federal Bureau of
19 Investigation relating to a federal criminal records check performed by a member
20 state under Public Law 92-544.
21 (4) Comply with the rules of the commission.
22 (5) Require an applicant to obtain or retain a license in the home state and
23 meet the home state’s qualifications for licensure or renewal of licensure, as well as
24 all other applicable state laws.
25 (6) Grant the privilege to practice to a licensee holding a valid
26 unencumbered license in another member state in accordance with the terms of the
27 compact and rules.
28 (7) Provide for the state commissioner's attendance of the Counseling
29 Compact Commission meetings.
30 C. Member states may charge a fee for granting the privilege to practice.
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1 D. Individuals not residing in a member state shall remain eligible to apply
2 for a member state’s single state license as provided under the laws of each member
3 state. However, the single state license granted to these individuals shall not be
4 recognized as granting a privilege to practice professional counseling in any other
5 member state.
6 E. Nothing in this compact shall affect the requirements established by a
7 member state for the issuance of a single state license.
8 F. A license issued to a licensed professional counselor by a home state to
9 a resident in that state shall be recognized by each member state as authorizing a
10 licensed professional counselor to practice professional counseling, under a privilege
11 to practice, in each member state.
12 §1134. Privilege to practice
13 A. To exercise the privilege to practice under the terms and provisions of the
14 compact, the licensee shall do all of the following:
15 (1) Hold a license in the home state.
16 (2) Have a valid United States Social Security Number or National
17 Practitioner Identifier.
18 (3) Be eligible for a privilege to practice in any member state in accordance
19 with Subsections D, G, and H of this Section.
20 (4) Have not had any encumbrance or restriction against any license or
21 privilege to practice within the previous two years.
22 (5) Notify the commission that the licensee is seeking the privilege to
23 practice within a remote state.
24 (6) Meet any continuing competence or continuing education requirements
25 established by the home state
26 (7) Pay any applicable fees, including any state fee, for the privilege to
27 practice.
28 (8) Meet any jurisprudence requirements established by any remote state in
29 which the licensee is seeking a privilege to practice.
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1 (9) Report to the commission any adverse action, encumbrance, or restriction
2 on license taken by any nonmember state within thirty days from the date the action
3 is taken.
4 B. The privilege to practice is valid until the expiration date of the home
5 license. The licensee shall comply with the requirements of Subsection A of this
6 Section to maintain the privilege to practice in the remote state.
7 C. A licensee providing professional counseling in a remote state under the
8 privilege to practice shall adhere to the laws and regulations of the remote state.
9 D. A licensee providing professional counseling services in a remote state
10 is subject to that state’s regulatory authority. A remote state may, in accordance with
11 due process and that state’s laws, remove a licensee’s privilege to practice in the
12 remote state for a specific period of time, impose fines, and take any other necessary
13 actions to protect the health and safety of its citizens. The licensee is not eligible for
14 a privilege to practice in any member state until the specific time for removal has
15 passed and all fines are paid.
16 E. If a home state license is encumbered, the licensee shall lose the privilege
17 to practice in any remote state until all of the following occur:
18 (1) The home state license is no longer encumbered.
19 (2) The licensee has not had any encumbrance or restriction against any
20 license or privilege to practice within the previous two years.
21 F. Once an encumbered license in the home state is restored to good
22 standing, the licensee shall meet the requirements of Subsection A of this Section to
23 obtain a privilege to practice in any remote state.
24 G. If a licensee’s privilege to practice in any remote state is removed, the
25 licensee shall lose the privilege to practice in all other remote states until all of the
26 following have occurred:
27 (1) The specific period of time for which the privilege to practice was
28 removed has ended.
29 (2) All fines have been paid.
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1 (3) The licensee has not had any encumbrance or restriction against any
2 license or privilege to practice within the previous two years.
3 H. Once the requirements of Subsection G of this Section have been met, the
4 licensee shall meet the requirements in Subsection A of this Section to obtain a
5 privilege to practice in a remote state.
6 §1135. Obtaining a new home state license based upon the privilege to practice
7 A. A licensed professional counselor may hold a license issued by the home
8 state, which allows for a privilege to practice, in only one member state at a time.
9 B. If a licensed professional counselor changes his primary state of residence
10 by moving between two member states:
11 (1) The licensed professional counselor shall file an application for obtaining
12 a new home state license based on a privilege to practice, pay all applicable fees, and
13 notify the current and new home state in accordance with applicable rules adopted
14 by the commission.
15 (2) Upon receipt of an application for obtaining a new home state license by
16 virtue of a privilege to practice, the new home state shall verify that the licensed
17 professional counselor meets the pertinent criteria outlined in R.S. 37:1134 via the
18 data system, without need for primary source verification except for:
19 (a) A Federal Bureau of Investigation fingerprint-based criminal background
20 check if not previously performed or updated pursuant to applicable rules adopted
21 by the commission in accordance with Public Law 92-544.
22 (b) Other criminal background checks as required by the new home state.
23 (c) Completion of any requisite jurisprudence requirements of the new home
24 state.
25 (3) The former home state shall convert the former home state license into
26 a privilege to practice once the new home state has activated the new home state
27 license in accordance with applicable rules adopted by the commission.
28 (4) If a licensed professional counselor does not meet the criteria for a
29 privilege to practice described in R.S. 37:1134, the new home state for the licensed
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1 professional counselor shall apply its requirements for issuing a new single-state
2 license.
3 (5) The licensed professional counselor who obtains a new home state
4 license by the criteria described in this Section shall pay all applicable fees to the
5 new home state in order to be issued a new home state license.
6 C. If a licensed professional counselor changes his primary state of residence
7 by moving from a member state to a nonmember state, or from a nonmember state
8 to a member state, the state criteria shall apply for issuance of a single-state license
9 in the new state.
10 D. Nothing in this compact shall interfere with a licensee’s ability to hold a
11 single-state license in multiple states; however, for the purposes of this compact, a
12 licensee shall have only one home state license.
13 E. Nothing in this Section shall affect the requirements established by a
14 member state for the issuance of a single-state license.
15 §1136. Active duty military personnel or his spouses
16 Active duty military personnel, or the spouse of an active duty member of the
17 military, shall designate a home state where the individual has a current license in
18 good standing. The individual may retain the home state designation during the
19 period the service member is on active duty. Subsequent to designating a home state,
20 the individual shall only change his home state through application for licensure in
21 the new state or through the process outlined in R.S. 37:1135.
22 §1137. Compact privilege to practice telehealth
23 A. Member states shall recognize the right of a licensed professional
24 counselor, licensed by a home state in accordance with R.S. 37:1133 and under rules
25 promulgated by the commission, to practice professional counseling in any member
26 state via telehealth under a privilege to practice as provided in the compact and rules
27 promulgated by the commission.
28 B. A licensee providing professional counseling services in a remote state
29 under the privilege to practice shall adhere to the laws and regulations of the remote
30 state.
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1 §1138. Adverse actions
2 A.(1) In addition to the other powers conferred by state law, a remote state
3 shall have the authority, in accordance with the existing state due process law, to:
4 (a) Take adverse action against a licensed professional counselor’s privilege
5 to practice within that member state.
6 (b) Issue subpoenas for both hearings and investigations that require the
7 attendance and testimony of witnesses as well as the production of evidence.
8 Subpoenas issued by a licensing board in a member state for the attendance and
9 testimony of witnesses or the production of evidence from another member state
10 shall be enforced in the latter state by any court of competent jurisdiction, according
11 to the practice and procedure of that court applicable to subpoenas issued in
12 proceedings pending before it. The issuing authority shall pay any witness fees,
13 travel expenses, mileage, and other fees required by the service statutes of the state
14 in which the witnesses or evidence are located.
15 (2) Only the home state shall have the power to take adverse action against
16 a licensed professional counselor’s license issued by the home state.
17 B. For purposes of taking adverse action, the home state shall give the same
18 priority and effect to reported conduct received from a member state as it would if
19 the conduct had occurred within the home state. In so doing, the home state shall
20 apply its own state laws to determine appropriate action.
21 C. The home state shall complete any pending investigations of a licensed
22 professional counselor who changes his primary state of residence during the course
23 of the investigations. The home state shall also have the authority to take appropriate
24 action and shall promptly report the conclusions of the investigations to the
25 administrator of the data system. The administrator of the coordinated licensure
26 information system shall promptly notify the new home state of any adverse actions.
27 D. A member state, if otherwise permitted by state law, may recover from
28 the affected licensed professional counselor the costs of investigations and
29 disposition of cases resulting from any adverse action taken against that licensed
30 professional counselor.
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1 E. A member state may take adverse action based on the factual findings of
2 the remote state, provided that the member state follows its own procedures for
3 taking the adverse action.
4 F. Joint investigations:
5 (1) In addition to the authority granted to a member state by its respective
6 professional counseling practice act or other applicable state law, any member state
7 may participate with other member states in joint investigations of licensees.
8 (2) Member states shall share any investigative, litigation, or compliance
9 materials in furtherance of any joint or individual investigation initiated under the
10 compact.
11 G. If adverse action is taken by the home state against the license of a
12 licensed professional counselor, the licensed professional counselor’s privilege to
13 practice in all other member states shall be deactivated until all encumbrances have
14 been removed from the state license. All home state disciplinary orders that impose
15 adverse action against the license of a licensed professional counselor shall include
16 a statement that the licensed professional counselor’s privilege to practice is
17 deactivated in all member states during the pendency of the order.
18 H. If a member state takes adverse action, it shall promptly notify the
19 administrator of the data system. The administrator of the data system shall
20 promptly notify the home state of any adverse actions by remote states.
21 I. Nothing in this compact shall override a member state’s decision that
22 participation in an alternative program may be used in lieu of adverse action.
23 §1139. Establishment of Counseling Compact Commission
24 A.(1) The compact member states hereby create and establish a joint public
25 agency known as the Counseling Compact Commission.
26 (2) The commission is an instrumentality of the compact states.
27 (3) Venue is proper and judicial proceedings by or against the commission
28 shall be brought solely and exclusively in a court of competent jurisdiction where the
29 principal office of the commission is located. The commission may waive venue and
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1 jurisdictional defenses to the extent it adopts or consents to participate in alternative
2 dispute resolution proceedings.
3 (4) Nothing in this Section shall be construed to be a waiver of sovereign
4 immunity.
5 B. All of the following provisions shall apply to the membership, voting, and
6 meeting of the commission:
7 (1) Each member state shall have and be limited to one delegate selected by
8 that member state’s licensing board.
9 (2) The delegate shall be a current member of the licensing board or the
10 board administrator.
11 (3) Any delegate may be removed or suspended from office as provided by
12 the laws 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 days.
15 (5) Each delegate shall be entitled to one vote with regard to the
16 promulgation of rules and creation of bylaws and shall otherwise have an opportunity
17 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 power to carry out all of the following duties:
26 (1) Establish the fiscal year of the commission.
27 (2) Establish bylaws.
28 (3) Maintain its financial records in accordance with the bylaws.
29 (4) Meet and take such actions as are consistent with the provisions of this
30 compact and the bylaws.
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1 (5) Promulgate rules which shall be binding to the extent and in the manner
2 provided for in the compact.
3 (6) Bring and prosecute legal proceedings or actions in the name of the
4 commission, provided that the standing of any state counselor licensing board to sue
5 or be sued under applicable law shall not be affected.
6 (7) Purchase and maintain insurance and bonds.
7 (8) Borrow, accept, or contract for services of personnel including but not
8 limited to employees of a member state.
9 (9) Hire employees, elect or appoint officers, fix compensation, define
10 duties, grant such individuals appropriate authority to carry out the purposes of the
11 compact, and to establish the commission’s personnel policies and programs relating
12 to conflicts of interest, qualifications of personnel, and other related personnel
13 matters.
14 (10) Accept any and all appropriate donations and grants of money,
15 equipment, supplies, materials, and services, and to receive, utilize, and dispose of
16 the same; provided that at all times the commission shall avoid any appearance of
17 impropriety or conflict of interest.
18 (11) Lease, purchase, accept appropriate gifts or donations of, or otherwise
19 to own, hold, improve, or use, any property, real, personal or mixed; provided that
20 at all times the commission shall avoid any appearance of impropriety.
21 (12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
22 dispose of any property real, personal, or mixed.
23 (13) Establish a budget and make expenditures.
24 (14) Borrow money.
25 (15) Appoint committees, including standing committees composed of
26 members, state regulators, state legislators or their representatives, and consumer
27 representatives, and such other interested persons as may be designated in this
28 compact and the bylaws.
29 (16) Provide and receive information from, and cooperate with, law
30 enforcement agencies.
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1 (17) Establish and elect an executive committee.
2 (18) Perform such other functions as may be necessary or appropriate to
3 achieve the purposes of this compact consistent with the state regulation of
4 professional counseling licensure and practice.
5 D. The executive committee shall have the power to act on behalf of the
6 commission according to the terms of this Section, including all of the following
7 terms:
8 (1)(a) The executive committee shall be composed of up to eleven members.
9 (b) Seven voting members shall be elected by the commission from the
10 current membership of the commission.
11 (c) Up to four ex-officio, nonvoting members shall be from four recognized
12 national professional counselor organizations.
13 (d) The ex-officio members will be selected by their respective
14 organizations.
15 (2) The commission may remove any member of the executive committee
16 as provided in bylaws.
17 (3) The executive committee shall meet at least annually.
18 (4) The executive committee shall have the following duties and
19 responsibilities:
20 (a) Recommend to the entire commission changes to the rules or bylaws,
21 changes to this compact legislation, fees paid by compact member states such as
22 annual dues, and any commission compact fee charged to licensees for the privilege
23 to practice.
24 (b) Ensure compact administration services are appropriately provided,
25 contractual or otherwise.
26 (c) Prepare and recommend the budget.
27 (d) Maintain financial records on behalf of the commission.
28 (e) Monitor compact compliance of member states and provide compliance
29 reports to the commission.
30 (f) Establish additional committees as necessary.
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1 (g) Other duties, as provided in rules or bylaws.
2 (5) Meetings of the commission.
3 (a) All meetings shall be open to the public, and public notice of meetings
4 shall be given in the same manner as required under the rulemaking provisions in
5 R.S. 37:1141.
6 (b) The commission or the executive committee or other committees of the
7 commission may convene in a closed, nonpublic meeting if the commission or
8 executive committee or other committees of the commission discuss any of the
9 following:
10 (i) Noncompliance of a member state with its obligations under the compact.
11 (ii) The employment, compensation, discipline or other matters, practices,
12 or procedures related to specific employees or other matters related to the
13 commission’s internal personnel practices and procedures.
14 (iii) Current, threatened, or reasonably anticipated litigation.
15 (iv) Negotiation of contracts for the purchase, lease, or sale of goods,
16 services, or real estate.
17 (v) Accusations against any person of a crime or formally censuring any
18 person.
19 (vi) Disclosure of trade secrets or commercial or financial information that
20 is privileged or confidential.
21 (vii) Disclosure of information of a personal nature where disclosure would
22 constitute a clearly unwarranted invasion of personal privacy.
23 (viii) Disclosure of investigative records compiled for law enforcement
24 purposes.
25 (ix) Disclosure of information related to any investigative reports prepared
26 by or on behalf of or for use of the commission or other committee charged with
27 responsibility of investigation or determination of compliance issues pursuant to this
28 Section.
29 (x) Matters specifically exempted from disclosure by federal or member state
30 statute.
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1 (c) If a meeting, or portion of a meeting, is closed pursuant to this Paragraph,
2 the commission’s legal counsel or designee shall certify that the meeting may be
3 closed and shall reference each relevant exempting provision.
4 (d) The commission shall keep minutes that fully and clearly describe all
5 matters discussed in a meeting and shall provide a full and accurate summary of
6 actions taken, and the reasons therefore, including a description of the views
7 expressed. All documents considered in connection with an action shall be identified
8 in such minutes. All minutes and documents of a closed meeting shall remain under
9 seal, subject to release by a majority vote of the commission or order of a court of
10 competent jurisdiction.
11 (6) Financing of the commission.
12 (a) The commission shall pay, or provide for the payment of, the reasonable
13 expenses of its establishment, organization, and ongoing activities.
14 (b) The commission may accept any and all appropriate revenue sources,
15 donations, and grants of money, equipment, supplies, materials, and services.
16 (c) The commission may levy on and collect an annual assessment from each
17 member state or impose fees on other parties to cover the cost of the operations and
18 activities of the commission and its staff, which shall be in a total amount sufficient
19 to cover its annual budget as approved each year for which revenue is not provided
20 by other sources. The aggregate annual assessment amount shall be allocated based
21 upon a formula to be determined by the commission, which shall promulgate a rule
22 binding upon all member states.
23 (d) The commission shall not incur obligations of any kind prior to securing
24 the funds adequate to meet the same; nor shall the commission pledge the credit of
25 any of the member states, except by and with the authority of the member state.
26 (e) The commission shall keep accurate accounts of all receipts and
27 disbursements. The receipts and disbursements of the commission shall be subject
28 to the audit and accounting procedures established under its bylaws. However, all
29 receipts and disbursements of funds handled by the commission shall be audited
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1 yearly by a certified or licensed public accountant, and the report of the audit shall
2 be included in and become part of the annual report of the commission.
3 (7) All of the following provisions relating to qualified immunity, defense,
4 and indemnification shall apply to the commission:
5 (a) The members, officers, executive director, employees, and
6 representatives of the commission shall be immune from suit and liability, either
7 personally or in their official capacity, for any claim for damage to or loss of
8 property or personal injury or other civil liability caused by or arising out of any
9 actual or alleged act, error, or omission that occurred, or that the person against
10 whom the claim is made had a reasonable basis for believing occurred within the
11 scope of commission employment, duties, or responsibilities; provided that nothing
12 in this Subparagraph shall be construed to protect any such person from suit or
13 liability for any damage, loss, injury, or liability caused by the intentional, willful,
14 or wanton misconduct of that person.
15 (b) The commission shall defend any member, officer, executive director,
16 employee, or representative of the commission in any civil action seeking to impose
17 liability arising out of any actual or alleged act, error, or omission that occurred
18 within the scope of commission employment, duties, or responsibilities, or that the
19 person against whom the claim is made had a reasonable basis for believing occurred
20 within the scope of commission employment, duties, or responsibilities; provided
21 that nothing in this Subparagraph shall be construed to prohibit that person from
22 retaining his own counsel; and provided further, that the actual or alleged act, error,
23 or omission did not result from that person’s intentional or willful or wanton
24 misconduct.
25 (c) The commission shall indemnify and hold harmless any member, officer,
26 executive director, employee, or representative of the commission for the amount of
27 any settlement or judgment obtained against that person arising out of any actual or
28 alleged act, error, or omission that occurred within the scope of commission
29 employment, duties, or responsibilities, or that such person had a reasonable basis
30 for believing occurred within the scope of commission employment, duties, or
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1 responsibilities, provided that the actual or alleged act, error, or omission did not
2 result from the intentional, willful, or wanton misconduct of that person.
3 §1140. Data system
4 A. The commission shall provide for the development, maintenance, and
5 utilization of a coordinated database and reporting system containing licensure,
6 adverse action, and investigative information on all licensed individuals in member
7 states.
8 B. Notwithstanding any other provision of state law to the contrary, a
9 member state shall submit a uniform data set to the data system on all individuals to
10 whom this compact is applicable as required by the rules of the commission,
11 including all of the following:
12 (1) Identifying information.
13 (2) Licensure data.
14 (3) Adverse actions against a license or privilege to practice.
15 (4) Non-confidential information related to alternative program participation.
16 (5) Any denial of application for licensure, and the reason for such denial.
17 (6) Other information that may facilitate the administration of this compact,
18 as determined by the rules of the commission.
19 (7) Current significant investigative information.
20 C. Investigative information pertaining to a licensee in any member state
21 shall only be available to other member states.
22 D. The commission shall promptly notify all member states of any adverse
23 action taken against a licensee or an individual applying for a license. Adverse action
24 information pertaining to a licensee in any member state shall be available to any
25 other member state.
26 E. Member states contributing information to the data system may designate
27 information that may not be shared with the public without the express permission
28 of the contributing state.
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1 F. Any information submitted to the data system that is subsequently
2 required to be expunged by the laws of the member state contributing the
3 information shall be removed from the data system.
4 §1141. Rulemaking
5 A. The commission shall promulgate reasonable rules in order to effectively
6 and efficiently achieve the purpose of the compact. Notwithstanding the foregoing,
7 in the event the commission exercises its rulemaking authority in a manner that is
8 beyond the scope of the purposes of the compact, or the powers granted hereunder,
9 then such an action by the commission shall be invalid and have no force or effect.
10 B. The commission shall exercise its rulemaking powers pursuant to the
11 criteria set forth in this Section and the rules adopted in accordance with this Section.
12 Rules and amendments shall become binding as of the date specified in each rule or
13 amendment.
14 C. If a majority of the legislatures of the member states rejects a rule, by
15 enactment of a statute or resolution in the same manner used to adopt the compact
16 within four years of the date of adoption of the rule, then such rule shall have no
17 further force and effect in any member state.
18 D. Rules or amendments to the rules shall be adopted at a regular or special
19 meeting of the commission.
20 E. Prior to promulgation and adoption of a final rule or rules by the
21 commission, and at least thirty days in advance of the meeting at which the rule will
22 be considered and voted upon, the commission shall file a notice of proposed
23 rulemaking in all of the following areas:
24 (1) On the website of the commission or other publicly accessible platform.
25 (2) On the website of each member state's professional counseling licensing
26 board or other publicly accessible platform or the publication in which each state
27 would otherwise publish proposed rules.
28 F. The notice of proposed rulemaking shall include all of the following:
29 (1) The proposed time, date, and location of the meeting in which the rule
30 will be considered and voted upon.
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1 (2) The text of the proposed rule or amendment and the reason for the
2 proposed rule.
3 (3) A request for comments on the proposed rule from any interested person.
4 (4) The manner in which interested persons may submit notice to the
5 commission of their intention to attend the public hearing and any written comments.
6 G. Prior to adoption of a proposed rule, the commission shall allow persons
7 to submit written data, facts, opinions, and arguments, which shall be made available
8 to the public.
9 H. The commission shall grant an opportunity for a public hearing before it
10 adopts a rule or amendment if a hearing is requested by any of the following parties:
11 (1) At least twenty-five persons.
12 (2) A state or federal governmental subdivision or agency.
13 (3) An association having at least twenty-five members.
14 I.(1) If a hearing is held on the proposed rule or amendment, the commission
15 shall 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 access
17 to the electronic hearing.
18 (2) 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 desire to
20 appear and testify at the hearing no less than five business days before the scheduled
21 date of the hearing.
22 (3) Hearings shall be conducted in a manner providing each person who
23 wishes to comment a fair and reasonable opportunity to comment orally or in
24 writing.
25 (4) All hearings shall be recorded. A copy of the recording shall be made
26 available on request.
27 (5) Nothing in this Section shall be construed as requiring a separate hearing
28 on each rule. Rules may be grouped for the convenience of the commission at
29 hearings required by this Section.
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1 J. Following the scheduled hearing date, or by the close of business on the
2 scheduled hearing date if the hearing was not held, the commission shall consider all
3 written and oral comments received.
4 K. If no written notice of intent to attend the public hearing by interested
5 parties is received, the commission may proceed with promulgation of the proposed
6 rule without a public hearing.
7 L. The commission shall, by majority vote of all members, take final action
8 on the proposed rule and shall determine the effective date of the rule, if any, based
9 on the rulemaking record and the full text of the rule.
10 M. Upon determination that an emergency exists, the commission may
11 consider and adopt an emergency rule without prior notice, opportunity for comment,
12 or hearing, provided that the usual rulemaking procedures provided in the compact
13 and in this Section shall be retroactively applied to the rule as soon as reasonably
14 possible, but in no event later than ninety days after the effective date of the rule. For
15 the purposes of this Subsection, an emergency rule is one that shall be adopted
16 immediately in order to:
17 (1) Meet an imminent threat to public health, safety, or welfare.
18 (2) Prevent a loss of commission or member state funds.
19 (3) Meet a deadline for the promulgation of an administrative rule that is
20 established by federal law or rule.
21 (4) Protect public health and safety.
22 N. The commission or an authorized committee of the commission may
23 direct revisions to a previously adopted rule or amendment for purposes of correcting
24 typographical errors, errors in format, errors in consistency, or grammatical errors.
25 Public notice of any revisions shall be posted on the website of the commission. The
26 revision shall be subject to challenge by any person for a period of thirty days after
27 posting. The revision may be challenged only on grounds that the revision results
28 in a material change to a rule. A challenge shall be made in writing and delivered
29 to the chair of the commission prior to the end of the notice period. If no challenge
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1 is made, the revision shall take effect without further action. If the revision is
2 challenged, the revision may not take effect without the approval of the commission.
3 §1142. Oversight; dispute resolution; enforcement
4 A. All of the following provisions shall apply with respect to the compact:
5 (1) The executive, legislative, and judicial branches of state government in
6 each member state shall enforce this compact and take all actions necessary and
7 appropriate to effectuate the compact’s purposes and intent. The provisions of this
8 compact and the rules promulgated hereunder shall have standing as statutory law.
9 (2) All courts shall take judicial notice of the compact and the rules in any
10 judicial or administrative proceeding in a member state pertaining to the subject
11 matter of this compact which may affect the powers, responsibilities, or actions of
12 the commission.
13 (3) The commission shall be entitled to receive service of process in any
14 such proceeding and shall have standing to intervene in the proceeding for all
15 purposes. Failure to provide service of process to the commission shall render a
16 judgment or order void as to the commission, this compact, or promulgated rules.
17 B.(1) All of the following provisions relative to default, technical assistance,
18 and termination shall apply with respect to default, technical assistance, and
19 termination:
20 (2) If the commission determines that a member state has defaulted in the
21 performance of its obligations or responsibilities under this compact or the
22 promulgated rules, the commission shall do all of the following:
23 (a) Provide written notice to the defaulting state and other member states of
24 the nature of the default, the proposed means of curing the default, and any other
25 action to be taken by the commission.
26 (b) Provide remedial training and specific technical assistance regarding the
27 default.
28 C. If a state in default fails to cure the default, the defaulting state may be
29 terminated from the compact upon an affirmative vote of a majority of the member
30 states, and all rights, privileges, and benefits conferred by this compact may be
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1 terminated on the effective date of termination. A cure of the default does not
2 relieve the offending state of obligations or liabilities incurred during the period of
3 default.
4 D. Termination of membership in the compact shall be imposed only after
5 all other means of securing compliance have been exhausted. Notice of intent to
6 suspend or terminate shall be given by the commission to the governor, the majority
7 and minority leaders of the defaulting state’s legislature, and each of the member
8 states.
9 E. A state that has been terminated is responsible for all assessments,
10 obligations, and liabilities incurred through the effective date of termination,
11 including obligations that extend beyond the effective date of termination.
12 F. The commission shall not bear any costs related to a state that is found to
13 be in default or that has been terminated from the compact, unless agreed upon in
14 writing between the commission and the defaulting state.
15 G. The defaulting state may appeal the action of the commission by
16 petitioning the United States District Court for the District of Columbia or the federal
17 district where the commission has its principal offices. The prevailing member shall
18 be awarded all costs of such litigation, including reasonable attorney fees.
19 H. All of the following dispute resolution requirements shall apply to the
20 commission:
21 (1) Upon request by a member state, the commission shall attempt to resolve
22 disputes related to the compact that arise among member states and between member
23 and nonmember states.
24 (2) The commission shall promulgate a rule providing for both mediation
25 and binding dispute resolution for disputes as appropriate.
26 I. All of the following provisions relating to enforcement shall apply with
27 respect to the commission and the compact:
28 (1) The commission, in the reasonable exercise of its discretion, shall enforce
29 the provisions and rules of this compact.
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1 (2) By majority vote, the commission may initiate legal action in the United
2 States District Court for the District of Columbia or the federal district where the
3 commission has its principal offices against a member state in default to enforce
4 compliance with the provisions of the compact and its promulgated rules and bylaws.
5 The relief sought may include both injunctive relief and damages. In the event
6 judicial enforcement is necessary, the prevailing member shall be awarded all costs
7 of such litigation, including reasonable attorney fees.
8 (3) The remedies herein shall not be the exclusive remedies of the
9 commission. The commission may pursue any other remedies available under
10 federal or state law.
11 §1143. Date of implementation of the commission for counseling profession
12 compact, practice and associate rules, withdrawal, and amendment
13 A. The compact shall come into effect on the date on which the compact
14 statute is enacted into law in the tenth member state. The provisions, which become
15 effective at that time, shall be limited to the powers granted to the commission
16 relating to assembly and the promulgation of rules. Thereafter, the commission shall
17 meet and exercise rulemaking powers necessary for the implementation and
18 administration of the compact.
19 B. Any state that joins the compact subsequent to the commission’s initial
20 adoption of the rules shall be subject to the rules as they exist on the date on which
21 the compact becomes law in that state. Any rule that has been previously adopted
22 by the commission shall have the full force and effect of law on the day the compact
23 becomes law in that state.
24 C.(1) Any member state may withdraw from this compact by enacting a
25 statute repealing the statute.
26 (2) A member state’s withdrawal shall not take effect until six months after
27 enactment of the repealing statute.
28 (3) Withdrawal shall not affect the continuing requirement of the
29 withdrawing state’s professional counseling licensing board to comply with the
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1 investigative and adverse action reporting requirements of this compact prior to the
2 effective date of withdrawal.
3 D. Nothing contained in this compact shall be construed to invalidate or
4 prevent any professional counseling licensure agreement or other cooperative
5 arrangement between a member state and a nonmember state that does not conflict
6 with the provisions of this compact.
7 E. This compact may be amended by the member states. No amendment to
8 this compact shall become effective and binding upon any member state until it is
9 enacted into the laws of all member states.
10 §1144. Construction and severability
11 This compact shall be liberally construed so as to effectuate its purposes. The
12 provisions of this compact shall be severable and if any phrase, clause, sentence, or
13 provision of this compact is declared to be contrary to the constitution of any
14 member state or of the United States or the applicability thereof to any government,
15 agency, person, or circumstance is held invalid, the validity of the remainder of this
16 compact and the applicability thereof to any government, agency, person or
17 circumstance shall not be affected thereby. If this compact shall be held contrary to
18 the constitution of any member state, the compact shall remain in full force and
19 effect as to the remaining member states and in full force and effect as to the member
20 state affected as to all severable matters.
21 §1145. Binding effect of compact and other laws
22 A. A licensee providing professional counseling services in a remote state
23 under the privilege to practice shall adhere to the laws and regulations of the remote
24 state.
25 B. Nothing in this Part shall prevent the enforcement of any other law of a
26 member state that is not inconsistent with the compact.
27 C. Any laws of a member state in conflict with the compact are superseded
28 to the extent of the conflict.
29 D. Any lawful actions of the commission, including all rules and bylaws
30 promulgated by the commission, are binding upon the member states.
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1 E. All agreements between the commission and the member states are
2 binding in accordance with their terms.
3 F. In the event any provision of the compact exceeds the constitutional limits
4 imposed on the legislature of any member state, the provision shall be ineffective to
5 the extent of the conflict with the constitutional provision in question in that member
6 state.
7 Section 2. (A) The Louisiana State Law Institute is hereby directed to designate R.S.
8 37:1101 and 1102 as Part I of Chapter 13 of Title 37 of the Louisiana Revised Statutes of
9 1950, and is further directed to apply to the Part the heading "Short title and purpose".
10 (B) The Louisiana State Law Institute is hereby directed to designate R.S. 37:1103
11 through 1123 as Part II of Chapter 13 of Title 37 of the Louisiana Revised Statutes of 1950,
12 and is further directed to apply to the Part the heading "Mental Health Counselor Licensing -
13 General Provisions".
14 (C) The Louisiana State Law Institute is hereby directed to designate R.S. 37:1131
15 through 1145, as enacted by Section 1 of this Act, as Part III of Chapter 13 of the Louisiana
16 Revised Statutes of 1950, and is further directed to apply to the Part the heading "Mental
17 Health Counselor Licensure Compact".
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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