New Mexico 2025 Regular Session

New Mexico House Bill HB217 Compare Versions

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

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28	28	HOUSE BILL 217
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
34	34
35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
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41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Pamelya Herndon
48	48	AN ACT
49	49	RELATING TO PROFESSIONAL LICENSURE; ENACTING THE COUNSELING
50	50	COMPACT.
51	51	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
52	52	SECTION 1. [NEW MATERIAL] COUNSELING COMPACT ENTERED
53	53	INTO.--The Counseling Compact is entered into law and entered
54	54	into with all other jurisdictions legally joining therein in a
55	55	form substantially as follows:
56	56	"Counseling Compact
57	57	SECTION 1 -- PURPOSE
58	58	The purpose of this compact is to facilitate the
59	59	interstate practice of licensed professional counselors with
60	60	the goal of improving public access to professional counseling
61	61	services. The practice of professional counseling occurs in
62	62	the state where the client is located at the time of the
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90	90	counseling services. The compact preserves the regulatory
91	91	authority of states to protect public health and safety through
92	92	the current system of state licensure.
93	93	This compact is designed to achieve the following
94	94	objectives:
95	95	A. increase public access to professional
96	96	counseling services by providing for the mutual recognition of
97	97	other member state licenses;
98	98	B. enhance the states' ability to protect the
99	99	public's health and safety;
100	100	C. encourage the cooperation of member states in
101	101	regulating multistate practice for licensed professional
102	102	counselors;
103	103	D. support spouses of relocating active duty
104	104	military personnel;
105	105	E. enhance the exchange of licensure, investigative
106	106	and disciplinary information among member states;
107	107	F. allow for the use of telehealth technology to
108	108	facilitate increased access to professional counseling
109	109	services;
110	110	G. support the uniformity of professional
111	111	counseling licensure requirements throughout the states to
112	112	promote public safety and public health benefits;
113	113	H. invest all member states with the authority to
114	114	hold a licensed professional counselor accountable for meeting
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143	143	all state practice laws in the state in which the client is
144	144	located at the time care is rendered through the mutual
145	145	recognition of member state licenses;
146	146	I. eliminate the necessity for licenses in multiple
147	147	states; and
148	148	J. provide opportunities for interstate practice by
149	149	licensed professional counselors who meet uniform licensure
150	150	requirements.
151	151	SECTION 2 -- DEFINITIONS
152	152	As used in this compact, and except as otherwise provided,
153	153	the following definitions shall apply:
154	154	A. "active duty military" means full-time duty
155	155	status in the active uniformed service of the United States,
156	156	including members of the national guard and reserve on active
157	157	duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211;
158	158	B. "adverse action" means any administrative,
159	159	civil, equitable or criminal action permitted by a state's laws
160	160	that is imposed by a licensing board or other authority against
161	161	a licensed professional counselor, including actions against an
162	162	individual's license or privilege to practice such as
163	163	revocation, suspension, probation, monitoring of the licensee,
164	164	limitation on the licensee's practice, or any other encumbrance
165	165	on licensure affecting a licensed professional counselor's
166	166	authorization to practice, including issuance of a cease and
167	167	desist action;
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196	196	C. "alternative program" means a non-disciplinary
197	197	monitoring or practice remediation process approved by a
198	198	licensing board to address impaired practitioners;
199	199	D. "continuing competence or education" means a
200	200	requirement, as a condition of license renewal, to provide
201	201	evidence of participation in, or completion of, educational and
202	202	professional activities relevant to practice or area of work;
203	203	E. "counseling compact commission" or "commission"
204	204	means the national administrative body whose membership
205	205	consists of all states that have enacted the compact;
206	206	F. "current significant investigative information"
207	207	means:
208	208	(1) investigative information that a licensing
209	209	board, after a preliminary inquiry that includes notification
210	210	and an opportunity for the licensed professional counselor to
211	211	respond, if required by state law, has reason to believe is not
212	212	groundless and, if proved true, would indicate more than a
213	213	minor infraction; or
214	214	(2) investigative information that indicates
215	215	that the licensed professional counselor represents an
216	216	immediate threat to public health and safety regardless of
217	217	whether the licensed professional counselor has been notified
218	218	and had an opportunity to respond;
219	219	G. "data system" means a repository of information
220	220	about licensees, including continuing education, examination,
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249	249	licensure, investigative, privilege to practice and adverse
250	250	action information;
251	251	H. "encumbered license" means a license in which an
252	252	adverse action restricts the practice of licensed professional
253	253	counseling by the licensee and the adverse action has been
254	254	reported to the national practitioner data bank;
255	255	I. "encumbrance" means a revocation or suspension
256	256	of, or any limitation on, the full and unrestricted practice of
257	257	licensed professional counseling by a licensing board;
258	258	J. "executive committee" means a group of directors
259	259	elected or appointed to act on behalf of, and within the powers
260	260	granted to them by, the commission;
261	261	K. "home state" means the member state that is the
262	262	licensee's primary state of residence;
263	263	L. "impaired practitioner" means an individual who
264	264	has a condition that may impair the person's ability to
265	265	practice as a licensed professional counselor without some type
266	266	of intervention and may include alcohol or drug dependence,
267	267	mental health impairment or neurological or physical
268	268	impairments;
269	269	M. "investigative information" means information,
270	270	records or documents received or generated by a licensing board
271	271	pursuant to an investigation;
272	272	N. "jurisprudence requirement", if required by a
273	273	member state, means the assessment of an individual's knowledge
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302	302	of the laws and rules governing the practice of professional
303	303	counseling in a state;
304	304	O. "licensed professional counselor" means a
305	305	counselor licensed by a member state, regardless of the title
306	306	used by that state, to independently assess, diagnose and treat
307	307	behavioral health conditions;
308	308	P. "licensee" means an individual who currently
309	309	holds an authorization from the state to practice as a licensed
310	310	professional counselor;
311	311	Q. "licensing board" means the agency of a state,
312	312	or equivalent, that is responsible for the licensing and
313	313	regulation of licensed professional counselors;
314	314	R. "member state" means a state that has enacted
315	315	the compact;
316	316	S. "privilege to practice" means a legal
317	317	authorization, which is equivalent to a license, permitting the
318	318	practice of professional counseling in a remote state;
319	319	T. "professional counseling" means the assessment,
320	320	diagnosis and treatment of behavioral health conditions by a
321	321	licensed professional counselor;
322	322	U. "remote state" means a member state other than
323	323	the home state, where a licensee is exercising or seeking to
324	324	exercise the privilege to practice;
325	325	V. "rule" means a regulation promulgated by the
326	326	commission that has the force of law;
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355	355	W. "single state license" means a licensed
356	356	professional counselor license issued by a member state that
357	357	authorizes practice only within the issuing state and does not
358	358	include a privilege to practice in any other member state;
359	359	X. "state" means any state, commonwealth, district
360	360	or territory of the United States that regulates the practice
361	361	of professional counseling;
362	362	Y. "telehealth" means the application of
363	363	telecommunication technology to deliver professional counseling
364	364	services remotely to assess, diagnose and treat behavioral
365	365	health conditions; and
366	366	Z. "unencumbered license" means a license that
367	367	authorizes a licensed professional counselor to engage in the
368	368	full and unrestricted practice of professional counseling.
369	369	SECTION 3 -- STATE PARTICIPATION IN THE COMPACT
370	370	A. To participate in the compact, a state must
371	371	currently:
372	372	(1) license and regulate licensed professional
373	373	counselors;
374	374	(2) require licensees to pass a nationally
375	375	recognized exam approved by the commission; and
376	376	(3) require licensees to have a sixty
377	377	semester-hour or ninety quarter-hour master's degree in
378	378	counseling or sixty semester-hours or ninety quarter-hours of
379	379	graduate course work, including the following topic areas:
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408	408	(a) professional counseling orientation
409	409	and ethical practice;
410	410	(b) social and cultural diversity;
411	411	(c) human growth and development;
412	412	(d) career development;
413	413	(e) counseling and helping
414	414	relationships;
415	415	(f) group counseling and group work;
416	416	(g) diagnosis and treatment; assessment
417	417	and testing;
418	418	(h) research and program evaluation; and
419	419	(i) other areas as determined by the
420	420	commission;
421	421	(4) require licensees to complete a supervised
422	422	postgraduate professional experience as defined by the
423	423	commission; and
424	424	(5) have a mechanism in place for receiving
425	425	and investigating complaints about licensees.
426	426	B. A member state shall:
427	427	(1) participate fully in the commission's data
428	428	system, including using the commission's unique identifier as
429	429	defined in rules;
430	430	(2) notify the commission, in compliance with
431	431	the terms of the compact and rules, of any adverse action or
432	432	the availability of investigative information regarding a
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461	461	licensee;
462	462	(3) implement or utilize procedures for
463	463	considering the criminal history records of applicants for an
464	464	initial privilege to practice, including the submission of
465	465	fingerprints or other biometric-based information by applicants
466	466	for the purpose of obtaining an applicant's criminal history
467	467	record information from the federal bureau of investigation and
468	468	the agency responsible for retaining that state's criminal
469	469	records, including:
470	470	(a) a criminal background check
471	471	requirement, within a time frame established by rule, by
472	472	receiving the results of the federal bureau of investigation
473	473	record search and shall use the results in making licensure
474	474	decisions; and
475	475	(b) a requirement that communication
476	476	between a member state, the commission and among member states
477	477	regarding the verification of eligibility for licensure through
478	478	the compact shall not include any information received from the
479	479	federal bureau of investigation relating to a federal criminal
480	480	records check performed by a member state under Public Law
481	481	92-544;
482	482	(4) comply with the rules of the commission;
483	483	(5) require an applicant to obtain or retain a
484	484	license in the home state and meet the home state's
485	485	qualifications for licensure or renewal of licensure, as well
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514	514	as all other applicable state laws;
515	515	(6) grant the privilege to practice to a
516	516	licensee holding a valid unencumbered license in another member
517	517	state in accordance with the terms of the compact and rules;
518	518	and
519	519	(7) provide for the attendance of the state's
520	520	commissioner to the counseling compact commission meetings.
521	521	C. Member states may charge a fee for granting the
522	522	privilege to practice.
523	523	D. Individuals not residing in a member state shall
524	524	continue to be able to apply for a member state's single state
525	525	license as provided under the laws of each member state.
526	526	However, the single state license granted to these individuals
527	527	shall not be recognized as granting a privilege to practice
528	528	professional counseling in any other member state.
529	529	E. Nothing in this compact shall affect the
530	530	requirements established by a member state for the issuance of
531	531	a single state license.
532	532	F. A license issued to a licensed professional
533	533	counselor by a home state to a resident in that state shall be
534	534	recognized by each member state as authorizing a licensed
535	535	professional counselor to practice professional counseling,
536	536	under a privilege to practice, in each member state.
537	537	SECTION 4 -- PRIVILEGE TO PRACTICE
538	538	A. To exercise the privilege to practice under the
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567	567	terms and provisions of the compact, the licensee shall:
568	568	(1) hold a license in the home state;
569	569	(2) have a valid United States social security
570	570	number or national practitioner identifier;
571	571	(3) be eligible for a privilege to practice in
572	572	any member state in accordance with Subsections D, G and H of
573	573	this section;
574	574	(4) have not had any encumbrance or
575	575	restriction against any license or privilege to practice within
576	576	the previous two years;
577	577	(5) notify the commission that the licensee is
578	578	seeking the privilege to practice within a remote state;
579	579	(6) pay any applicable fees, including any
580	580	state fee, for the privilege to practice;
581	581	(7) meet any continuing competence or
582	582	education requirements established by the home state;
583	583	(8) meet any jurisprudence requirements
584	584	established by the remote state in which the licensee is
585	585	seeking a privilege to practice; and
586	586	(9) report to the commission any adverse
587	587	action, encumbrance or restriction on license taken by any
588	588	nonmember state within thirty days from the date the action is
589	589	taken.
590	590	B. The privilege to practice is valid until the
591	591	expiration date of the home state license. The licensee must
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620	620	comply with the requirements of Subsection A of this section to
621	621	maintain the privilege to practice in the remote state.
622	622	C. A licensee providing professional counseling in
623	623	a remote state under the privilege to practice shall adhere to
624	624	the laws and regulations of the remote state.
625	625	D. A licensee providing professional counseling
626	626	services in a remote state is subject to that state's
627	627	regulatory authority. A remote state may, in accordance with
628	628	due process and that state's laws, remove a licensee's
629	629	privilege to practice in the remote state for a specific period
630	630	of time, impose fines or take any other necessary actions to
631	631	protect the health and safety of its citizens. The licensee
632	632	may be ineligible for a privilege to practice in any member
633	633	state until the specific time for removal has passed and all
634	634	fines are paid.
635	635	E. If a home state license is encumbered, the
636	636	licensee shall lose the privilege to practice in any remote
637	637	state until the following occur:
638	638	(1) the home state license is no longer
639	639	encumbered; and
640	640	(2) the licensee has not had any encumbrance
641	641	or restriction against any license or privilege to practice
642	642	within the previous two years.
643	643	F. Once an encumbered license in the home state is
644	644	restored to good standing, the licensee shall meet the
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673	673	requirements of Subsection A of this section in order to obtain
674	674	a privilege to practice in any remote state.
675	675	G. If a licensee's privilege to practice in any
676	676	remote state is removed, the individual may lose the privilege
677	677	to practice in all other remote states until the following
678	678	occur:
679	679	(1) the specific period of time for which the
680	680	privilege to practice was removed has ended;
681	681	(2) all fines have been paid; and
682	682	(3) the licensee has not had any encumbrance
683	683	or restriction against any license or privilege to practice
684	684	within the previous two years.
685	685	H. Once the requirements of Subsection G of this
686	686	section have been met, the licensee shall meet the requirements
687	687	in Subsection A of this section in order to obtain a privilege
688	688	to practice in a remote state.
689	689	SECTION 5 -- OBTAINING A NEW HOME STATE LICENSE BASED ON A
690	690	PRIVILEGE TO PRACTICE
691	691	A. A licensed professional counselor may hold a
692	692	home state license, which allows for a privilege to practice in
693	693	other member states, in only one member state at a time.
694	694	B. If a licensed professional counselor's primary
695	695	state of residence changes due to moving between two member
696	696	states:
697	697	(1) the licensed professional counselor shall
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726	726	file an application for obtaining a new home state license
727	727	based on a privilege to practice; pay all applicable fees; and
728	728	notify the current and new home state in accordance with
729	729	applicable rules adopted by the commission;
730	730	(2) upon receipt of an application for
731	731	obtaining a new home state license by virtue of a privilege to
732	732	practice, the new home state shall verify that the licensed
733	733	professional counselor meets the pertinent criteria outlined in
734	734	Section 4 of this compact via the data system, without need for
735	735	primary source verification except for:
736	736	(a) a federal bureau of investigation
737	737	fingerprint-based criminal background check if not previously
738	738	performed or updated pursuant to applicable rules adopted by
739	739	the commission in accordance with Public Law 92-544;
740	740	(b) other criminal background checks as
741	741	required by the new home state; and
742	742	(c) completion of any requisite
743	743	jurisprudence requirements of the new home state;
744	744	(3) the former home state shall convert the
745	745	former home state license into a privilege to practice once the
746	746	new home state has activated the new home state license in
747	747	accordance with applicable rules adopted by the commission;
748	748	(4) notwithstanding any other provision of
749	749	this compact, if the licensed professional counselor cannot
750	750	meet the criteria established in Section 4 of this compact, the
751	751	.228738.1
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779	779	new home state may apply its requirements for issuing a new
780	780	single state license; and
781	781	(5) the licensed professional counselor shall
782	782	pay all applicable fees to the new home state in order to be
783	783	issued a new home state license.
784	784	C. If a licensed professional counselor changes
785	785	primary state of residence by moving from a member state to a
786	786	nonmember state, or from a nonmember state to a member state,
787	787	the state criteria shall apply for issuance of a single state
788	788	license in the new state.
789	789	D. Nothing in this compact shall interfere with a
790	790	licensee's ability to hold a single state license in multiple
791	791	states; however, for the purposes of this compact, a licensee
792	792	shall have only one home state license.
793	793	E. Nothing in this compact shall affect the
794	794	requirements established by a member state for the issuance of
795	795	a single state license.
796	796	SECTION 6 -- ACTIVE DUTY MILITARY MEMBERS OR THEIR SPOUSES
797	797	An active duty military member, or the member's spouse,
798	798	shall designate a home state where the member or member's
799	799	spouse has a current license in good standing. The member or
800	800	member's spouse may retain the home state designation during
801	801	the period the member is on active duty. Subsequent to
802	802	designating a home state, the member or member's spouse shall
803	803	only change the member's or member's spouse's home state
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832	832	through application for licensure in the new state, or through
833	833	the process outlined in Section 5 of this compact.
834	834	SECTION 7 -- COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
835	835	A. Member states shall recognize the right of a
836	836	licensed professional counselor, licensed by a home state in
837	837	accordance with Section 3 of this compact and under rules
838	838	promulgated by the commission, to practice professional
839	839	counseling in any member state via telehealth under a privilege
840	840	to practice as provided in the compact and rules promulgated by
841	841	the commission.
842	842	B. A licensee providing professional counseling
843	843	services in a remote state under the privilege to practice
844	844	shall adhere to the laws and regulations of the remote state.
845	845	SECTION 8 -- ADVERSE ACTIONS
846	846	A. In addition to the other powers conferred by
847	847	state law:
848	848	(1) a remote state shall have the authority,
849	849	in accordance with existing state due process law, to take
850	850	adverse action against a licensed professional counselor's
851	851	privilege to practice within that member state;
852	852	(2) a remote state shall have the authority,
853	853	in accordance with existing state due process law, to issue
854	854	subpoenas for both hearings and investigations that require the
855	855	attendance and testimony of witnesses as well as the production
856	856	of evidence. Subpoenas issued by a licensing board in a member
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885	885	state for the attendance and testimony of witnesses or the
886	886	production of evidence from another member state shall be
887	887	enforced in the latter state by any court of competent
888	888	jurisdiction, according to the practice and procedure of that
889	889	court applicable to subpoenas issued in proceedings pending
890	890	before it. The issuing authority shall pay any witness fees,
891	891	travel expenses, mileage and other fees required by the service
892	892	statutes of the state in which the witnesses or evidence is
893	893	located; and
894	894	(3) the home state shall have the sole power
895	895	to take adverse action against a licensed professional
896	896	counselor's license issued by the home state.
897	897	B. For purposes of taking adverse action, the home
898	898	state shall give the same priority and effect to reported
899	899	conduct received from a member state as it would if the conduct
900	900	had occurred within the home state. In so doing, the home
901	901	state shall apply its own state laws to determine appropriate
902	902	action.
903	903	C. The home state shall complete any pending
904	904	investigations of a licensed professional counselor who changes
905	905	the primary state of residence during the course of the
906	906	investigations. The home state shall also have the authority
907	907	to take appropriate action and shall promptly report the
908	908	conclusions of the investigations to the administrator of the
909	909	data system. The administrator of the coordinated licensure
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938	938	information system shall promptly notify the new home state of
939	939	any adverse actions.
940	940	D. A member state, if otherwise permitted by state
941	941	law, may recover from the affected licensed professional
942	942	counselor the costs of investigations and dispositions of cases
943	943	resulting from any adverse action taken against that licensed
944	944	professional counselor.
945	945	E. A member state may take adverse action based on
946	946	the factual findings of the remote state; provided that the
947	947	member state follows its own procedures for taking the adverse
948	948	action.
949	949	F. Joint investigations shall be conducted as
950	950	follows:
951	951	(1) in addition to the authority granted to a
952	952	member state by its respective professional counseling practice
953	953	act or other applicable state law, any member state may
954	954	participate with other member states in joint investigations of
955	955	licensees; and
956	956	(2) member states shall share any
957	957	investigative, litigation or compliance materials in
958	958	furtherance of any joint or individual investigation initiated
959	959	under the compact.
960	960	G. If adverse action is taken by the home state
961	961	against the license of a licensed professional counselor, the
962	962	licensed professional counselor's privilege to practice in all
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991	991	other member states shall be deactivated until all encumbrances
992	992	have been removed from the state license. All home state
993	993	disciplinary orders that impose adverse action against the
994	994	license of a licensed professional counselor shall include a
995	995	statement that the licensed professional counselor's privilege
996	996	to practice is deactivated in all member states during the
997	997	pendency of the order.
998	998	H. If a member state takes adverse action, it shall
999	999	promptly notify the administrator of the data system. The
1000	1000	administrator of the data system shall promptly notify the home
1001	1001	state of any adverse actions by remote states.
1002	1002	I. Nothing in this compact shall override a member
1003	1003	state's decision that participation in an alternative program
1004	1004	may be used in lieu of adverse action.
1005	1005	SECTION 9 -- ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
1006	1006	A. The compact member states shall create and
1007	1007	establish a joint public agency known as the "counseling
1008	1008	compact commission" as follows:
1009	1009	(1) the counseling compact commission shall be
1010	1010	an instrumentality of the compact states;
1011	1011	(2) venue is proper and judicial proceedings
1012	1012	by or against the commission shall be brought solely and
1013	1013	exclusively in a court of competent jurisdiction where the
1014	1014	principal office of the commission is located. The counseling
1015	1015	compact commission may waive venue and jurisdictional defenses
1016	1016	.228738.1
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1044	1044	to the extent it adopts or consents to participate in
1045	1045	alternative dispute resolution proceedings; and
1046	1046	(3) nothing in this compact shall be construed
1047	1047	to be a waiver of sovereign immunity.
1048	1048	B. Membership, voting and meetings shall be
1049	1049	conducted as follows:
1050	1050	(1) each member state shall have one delegate
1051	1051	selected by that member state's licensing board;
1052	1052	(2) a delegate shall be:
1053	1053	(a) a current member of the licensing
1054	1054	board at the time of appointment, who is a licensed
1055	1055	professional counselor or public member; or
1056	1056	(b) an administrator of the licensing
1057	1057	board;
1058	1058	(3) a delegate may be removed or suspended
1059	1059	from office as provided by the law of the state from which the
1060	1060	delegate is appointed;
1061	1061	(4) a vacancy occurring on the commission
1062	1062	shall be filled by the member state licensing board within
1063	1063	sixty days;
1064	1064	(5) a delegate shall be entitled to one vote
1065	1065	with regard to the promulgation of rules and creation of bylaws
1066	1066	and have an opportunity to participate in the business and
1067	1067	affairs of the commission;
1068	1068	(6) a delegate shall vote in person or by
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1097	1097	other means as provided in the bylaws, including participation
1098	1098	in meetings by telephone or other means of communication;
1099	1099	(7) the commission shall meet at least once
1100	1100	during each calendar year, with additional meetings to be held
1101	1101	as set forth in the bylaws; and
1102	1102	(8) the commission shall by rule establish a
1103	1103	term of office for delegates and may by rule establish term
1104	1104	limits.
1105	1105	C. The commission shall have the following powers
1106	1106	and duties:
1107	1107	(1) establish the fiscal year of the
1108	1108	commission;
1109	1109	(2) establish bylaws;
1110	1110	(3) maintain its financial records in
1111	1111	accordance with the bylaws;
1112	1112	(4) meet and take such actions as are
1113	1113	consistent with the provisions of this compact and the bylaws;
1114	1114	(5) promulgate rules, which shall be binding
1115	1115	to the extent and in the manner provided for in the compact;
1116	1116	(6) bring and prosecute legal proceedings or
1117	1117	actions in the name of the commission; provided that the
1118	1118	standing of any licensing board to sue or be sued under
1119	1119	applicable law shall not be affected;
1120	1120	(7) purchase and maintain insurance and bonds;
1121	1121	(8) borrow, accept or contract for services of
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1150	1150	personnel, including employees of a member state;
1151	1151	(9) hire employees; elect or appoint officers;
1152	1152	fix compensation; define duties; grant such individuals
1153	1153	appropriate authority to carry out the purposes of the compact;
1154	1154	and establish the commission's personnel policies and programs
1155	1155	relating to conflicts of interest, qualifications of personnel
1156	1156	and other related personnel matters;
1157	1157	(10) accept any and all appropriate donations
1158	1158	and grants of money, equipment, supplies, materials and
1159	1159	services and receive, utilize and dispose of the same; provided
1160	1160	that at all times the commission shall avoid any appearance of
1161	1161	impropriety or conflict of interest;
1162	1162	(11) lease, purchase, accept appropriate gifts
1163	1163	or donations of, or otherwise own, hold, improve or use, any
1164	1164	property, real, personal or mixed; provided that at all times
1165	1165	the commission shall avoid any appearance of impropriety;
1166	1166	(12) sell, convey, mortgage, pledge, lease,
1167	1167	exchange, abandon or otherwise dispose of any property, real,
1168	1168	personal or mixed;
1169	1169	(13) establish a budget and make expenditures;
1170	1170	(14) borrow money;
1171	1171	(15) appoint committees, including standing
1172	1172	committees composed of members, state regulators, state
1173	1173	legislators or their representatives, consumer representatives
1174	1174	and other interested persons as designated in this compact and
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1203	1203	the bylaws;
1204	1204	(16) provide and receive information from, and
1205	1205	cooperate with, law enforcement agencies;
1206	1206	(17) establish and elect an executive
1207	1207	committee; and
1208	1208	(18) perform such other functions as necessary
1209	1209	or appropriate to achieve the purposes of this compact
1210	1210	consistent with the state regulation of professional counseling
1211	1211	licensure and practice.
1212	1212	D. The executive committee shall:
1213	1213	(1) have the power to act on behalf of the
1214	1214	commission according to the terms of this compact;
1215	1215	(2) be composed of up to eleven members,
1216	1216	including:
1217	1217	(a) an even number of voting members who
1218	1218	are elected by the commission from the current membership of
1219	1219	the commission;
1220	1220	(b) up to four ex-officio, nonvoting
1221	1221	members from four recognized national professional counselor
1222	1222	organizations; and
1223	1223	(c) ex-officio members shall be selected
1224	1224	by their respective organizations;
1225	1225	(3) the commission may remove a member of the
1226	1226	executive committee as provided in the bylaws;
1227	1227	(4) meet at least annually; and
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1256	1256	(5) have the following duties and
1257	1257	responsibilities:
1258	1258	(a) recommend changes to the commission
1259	1259	regarding the rules or bylaws, changes to this compact
1260	1260	legislation, fees paid by compact member states such as annual
1261	1261	dues and any commission compact fee charged to licensees for
1262	1262	the privilege to practice;
1263	1263	(b) ensure compact administration
1264	1264	services are appropriately provided, contractual or otherwise;
1265	1265	(c) prepare and recommend the budget;
1266	1266	(d) maintain financial records on behalf
1267	1267	of the commission;
1268	1268	(e) monitor compact compliance of member
1269	1269	states and provide compliance reports to the commission;
1270	1270	(f) establish additional committees as
1271	1271	necessary; and
1272	1272	(g) perform additional duties as
1273	1273	provided in rules or bylaws.
1274	1274	E. Meetings of the commission, the executive
1275	1275	committee or other committees:
1276	1276	(1) shall be open to the public, and public
1277	1277	notice of meetings shall be given in the same manner as
1278	1278	required under the rulemaking provisions in Section 11 of this
1279	1279	compact; and
1280	1280	(2) may convene in a closed, nonpublic meeting
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1309	1309	if any of the following matters will be discussed:
1310	1310	(a) the noncompliance of a member state
1311	1311	with its obligations under the compact;
1312	1312	(b) the employment, compensation,
1313	1313	discipline or other matters, practices or procedures related to
1314	1314	specific employees or other matters related to the commission's
1315	1315	internal personnel practices and procedures;
1316	1316	(c) current, threatened or reasonably
1317	1317	anticipated litigation;
1318	1318	(d) negotiation of contracts for the
1319	1319	purchase, lease or sale of goods, services or real estate;
1320	1320	(e) accusations of a crime or formal
1321	1321	censure of a person;
1322	1322	(f) disclosure of trade secrets or
1323	1323	commercial or financial information that is privileged or
1324	1324	confidential;
1325	1325	(g) disclosure of information of a
1326	1326	personal nature where disclosure would constitute a clearly
1327	1327	unwarranted invasion of personal privacy;
1328	1328	(h) disclosure of investigative records
1329	1329	compiled for law enforcement purposes;
1330	1330	(i) disclosure of information related to
1331	1331	any investigative reports prepared by or on behalf of or for
1332	1332	use of the commission or other committee charged with
1333	1333	responsibility of investigation or determination of compliance
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1362	1362	issues pursuant to the compact; or
1363	1363	(j) matters specifically exempted from
1364	1364	disclosure by federal or member state statute;
1365	1365	(3) if fully or partially closed pursuant to
1366	1366	Paragraph (2) of this subsection, the commission's legal
1367	1367	counsel or designee shall reference each relevant exempting
1368	1368	provision and certify that the meeting may be closed; and
1369	1369	(4) shall be memorialized with minutes that
1370	1370	fully and clearly describe all matters discussed in a meeting
1371	1371	and provide a full and accurate summary of action taken and
1372	1372	reasons for taking action, including a description of the views
1373	1373	expressed; and identify all documents considered in connection
1374	1374	with an action taken; provided that all minutes and documents
1375	1375	of a closed meeting shall remain under seal, subject to release
1376	1376	by a majority vote of the commission or order of a court of
1377	1377	competent jurisdiction.
1378	1378	F. Financing of the commission shall be carried out
1379	1379	as follows:
1380	1380	(1) the commission shall pay, or provide for
1381	1381	the payment of, the reasonable expenses of its establishment,
1382	1382	organization and ongoing activities;
1383	1383	(2) the commission may accept any and all
1384	1384	appropriate revenue sources, donations and grants of money,
1385	1385	equipment, supplies, materials and services;
1386	1386	(3) the commission may levy on and collect an
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1415	1415	annual assessment from each member state or impose fees on
1416	1416	other parties to cover the cost of the operations and
1417	1417	activities of the commission and its staff, in an amount
1418	1418	sufficient to cover its annual budget as approved each year for
1419	1419	which revenue is not provided by other sources. The aggregate
1420	1420	annual assessment amount shall be allocated based upon a
1421	1421	formula to be determined by the commission by rule, which shall
1422	1422	be binding upon all member states;
1423	1423	(4) the commission shall not incur obligations
1424	1424	prior to securing the funds adequate to meet the obligations or
1425	1425	pledge the credit of any of the member states, absent the
1426	1426	authority of the member state; and
1427	1427	(5) the commission shall keep accurate
1428	1428	accounts of all receipts and disbursements. The receipts and
1429	1429	disbursements of the commission shall be subject to the audit
1430	1430	and accounting procedures established under its bylaws.
1431	1431	However, all receipts and disbursements of funds handled by the
1432	1432	commission shall be audited yearly by a certified or licensed
1433	1433	public accountant, and the report of the audit shall be
1434	1434	included in and become part of the annual report of the
1435	1435	commission.
1436	1436	G. Qualified immunity, defense and indemnification
1437	1437	shall apply as follows:
1438	1438	(1) the members, officers, executive director,
1439	1439	employees and representatives of the commission shall be immune
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1468	1468	from suit and liability, either personally or in their official
1469	1469	capacity, for any claim for damage to or loss of property or
1470	1470	personal injury or other civil liability caused by or arising
1471	1471	out of any actual or alleged act, error or omission that
1472	1472	occurred, or that the person against whom the claim is made had
1473	1473	a reasonable basis for believing occurred within the scope of
1474	1474	commission employment, duties or responsibilities; provided
1475	1475	that nothing in this paragraph shall be construed to protect
1476	1476	any such person from suit or liability for any damage, loss,
1477	1477	injury or liability caused by the intentional or willful or
1478	1478	wanton misconduct of that person;
1479	1479	(2) the commission shall defend any member,
1480	1480	officer, executive director, employee or representative of the
1481	1481	commission in any civil action seeking to impose liability
1482	1482	arising out of any actual or alleged act, error or omission
1483	1483	that occurred within the scope of commission employment, duties
1484	1484	or responsibilities, or that the person against whom the claim
1485	1485	is made had a reasonable basis for believing occurred within
1486	1486	the scope of commission employment, duties or responsibilities;
1487	1487	provided that nothing in this paragraph shall be construed to
1488	1488	prohibit that person from retaining his or her own counsel; and
1489	1489	provided further that the actual or alleged act, error or
1490	1490	omission did not result from that person's intentional or
1491	1491	willful or wanton misconduct; and
1492	1492	(3) the commission shall indemnify and hold
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1521	1521	harmless any member, officer, executive director, employee or
1522	1522	representative of the commission for the amount of any
1523	1523	settlement or judgment obtained against that person arising out
1524	1524	of any actual or alleged act, error or omission that occurred
1525	1525	within the scope of commission, employment, duties or
1526	1526	responsibilities, or that such person had a reasonable basis
1527	1527	for believing occurred within the scope of commission
1528	1528	employment, duties or responsibilities; provided that the
1529	1529	actual or alleged act, error or omission did not result from
1530	1530	the intentional or willful or wanton misconduct of that person.
1531	1531	SECTION 10 -- DATA SYSTEM
1532	1532	A. The commission shall provide for the
1533	1533	development, maintenance, operation and utilization of a
1534	1534	coordinated database and reporting system containing licensure,
1535	1535	adverse action and investigative information on all licensees
1536	1536	in member states.
1537	1537	B. Unless prohibited by state law, a member state
1538	1538	shall submit a uniform data set to the data system on all
1539	1539	individuals to whom this compact is applicable as required by
1540	1540	the rules of the commission, including:
1541	1541	(1) identifying information;
1542	1542	(2) licensure data;
1543	1543	(3) adverse actions against a license or
1544	1544	privilege to practice;
1545	1545	(4) non-confidential information related to
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1574	1574	alternative program participation;
1575	1575	(5) any denial of application for licensure
1576	1576	and the reasons for such denial;
1577	1577	(6) current significant investigative
1578	1578	information; or
1579	1579	(7) other information that may facilitate the
1580	1580	administration of this compact, as determined by the rules of
1581	1581	the commission.
1582	1582	C. Investigative information pertaining to a
1583	1583	licensee in a member state is only available to other member
1584	1584	states.
1585	1585	D. The commission shall promptly notify all member
1586	1586	states of an adverse action taken against a licensee or an
1587	1587	individual applying for a license. Adverse action information
1588	1588	pertaining to a licensee in a member state is available to any
1589	1589	other member state.
1590	1590	E. Member states contributing information to the
1591	1591	data system may designate information that may not be shared
1592	1592	with the public without the express permission of the
1593	1593	contributing state.
1594	1594	F. Any information submitted to the data system
1595	1595	that is subsequently required to be expunged by the laws of the
1596	1596	member state contributing the information shall be removed from
1597	1597	the data system.
1598	1598	SECTION 11 -- RULEMAKING
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1627	1627	A. The commission shall promulgate reasonable rules
1628	1628	in order to effectively and efficiently achieve the purpose of
1629	1629	the compact. If the commission exercises its rulemaking
1630	1630	authority in a manner that is beyond the scope of the purposes
1631	1631	of the compact or the powers granted pursuant to the compact,
1632	1632	then such an action by the commission shall be invalid and have
1633	1633	no force or effect.
1634	1634	B. The commission shall exercise its rulemaking
1635	1635	powers pursuant to the criteria set forth in this section and
1636	1636	the rules adopted pursuant to the compact. Rules and
1637	1637	amendments shall become binding as of the date specified in
1638	1638	each rule or amendment.
1639	1639	C. If a majority of the legislatures of the member
1640	1640	states rejects a rule, by enactment of a statute or resolution
1641	1641	in the same manner used to adopt the compact within four years
1642	1642	of the date of adoption of the rule, then such rule shall have
1643	1643	no further force and effect in any member state.
1644	1644	D. Rules or amendments to the rules shall be
1645	1645	adopted at a regular or special meeting of the commission.
1646	1646	E. Prior to promulgation and adoption of a final
1647	1647	rule by the commission, and at least thirty days in advance of
1648	1648	the meeting at which the rule will be considered and voted
1649	1649	upon, the commission shall file a notice of proposed
1650	1650	rulemaking:
1651	1651	(1) on the website of the commission or other
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1680	1680	publicly accessible platform; and
1681	1681	(2) on the website of each member state
1682	1682	licensing board, other publicly accessible platform or the
1683	1683	publication in which each state would otherwise publish
1684	1684	proposed rules.
1685	1685	F. The notice of proposed rulemaking shall include:
1686	1686	(1) the proposed time, date and location of
1687	1687	the meeting in which the rule will be considered and voted
1688	1688	upon;
1689	1689	(2) the text of the proposed rule or amendment
1690	1690	and the reason for the proposed rule;
1691	1691	(3) a request for comments on the proposed
1692	1692	rule from any interested person; and
1693	1693	(4) the manner in which interested persons may
1694	1694	submit notice to the commission of their intention to attend
1695	1695	the public hearing and any written comments.
1696	1696	G. Prior to adoption of a proposed rule, the
1697	1697	commission shall allow persons to submit written data, facts,
1698	1698	opinions and arguments, which shall be made available to the
1699	1699	public.
1700	1700	H. The commission shall grant an opportunity for a
1701	1701	public hearing before it adopts a rule or amendment if a
1702	1702	hearing is requested by:
1703	1703	(1) at least twenty-five persons;
1704	1704	(2) a state or federal governmental
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1733	1733	subdivision or agency; or
1734	1734	(3) an association having at least twenty-five
1735	1735	members.
1736	1736	I. If a hearing is held on the proposed rule or
1737	1737	amendment, the commission shall publish the place, time and
1738	1738	date of the scheduled public hearing. If the hearing is held
1739	1739	via electronic means, the commission shall publish the
1740	1740	mechanism for access to the electronic hearing to ensure the
1741	1741	following:
1742	1742	(1) all persons wishing to be heard at the
1743	1743	hearing shall notify the executive director of the commission
1744	1744	or other designated member in writing of their desire to appear
1745	1745	and testify at the hearing not less than five business days
1746	1746	before the scheduled date of the hearing;
1747	1747	(2) hearings shall be conducted in a manner
1748	1748	providing each person who wishes to comment a fair and
1749	1749	reasonable opportunity to comment orally or in writing;
1750	1750	(3) all hearings will be recorded, and a copy
1751	1751	of the recording will be made available on request; and
1752	1752	(4) nothing in this section shall be construed
1753	1753	as requiring a separate hearing on each rule, and rules may be
1754	1754	grouped for the convenience of the commission at hearings
1755	1755	required by this section.
1756	1756	J. Following the scheduled hearing date, or by the
1757	1757	close of business on the scheduled hearing date if the hearing
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1786	1786	was not held, the commission shall consider all written and
1787	1787	oral comments received.
1788	1788	K. If no written notice of intent to attend the
1789	1789	public hearing by interested parties is received, the
1790	1790	commission may proceed with promulgation of the proposed rule
1791	1791	without a public hearing.
1792	1792	L. The commission shall, by majority vote of all
1793	1793	members, take final action on the proposed rule and shall
1794	1794	determine the effective date of the rule, if any, based on the
1795	1795	rulemaking record and the full text of the rule.
1796	1796	M. Upon determination that an emergency exists, the
1797	1797	commission may consider and adopt an emergency rule without
1798	1798	prior notice, opportunity for comment or hearing; provided that
1799	1799	the usual rulemaking procedures provided in the compact and in
1800	1800	this section shall be retroactively applied to the rule as soon
1801	1801	as reasonably possible and later than ninety days after the
1802	1802	effective date of the rule. For the purposes of this
1803	1803	provision, an emergency rule is one that must be adopted
1804	1804	immediately in order to:
1805	1805	(1) meet an imminent threat to public health,
1806	1806	safety or welfare;
1807	1807	(2) prevent a loss of commission or member
1808	1808	state funds;
1809	1809	(3) meet a deadline for the promulgation of an
1810	1810	administrative rule that is established by federal law or rule;
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1839	1839	or
1840	1840	(4) protect public health and safety.
1841	1841	N. The commission or an authorized committee of the
1842	1842	commission may direct revisions to a previously adopted rule or
1843	1843	amendment for purposes of correcting typographical errors,
1844	1844	errors in format, errors in consistency or grammatical errors.
1845	1845	Public notice of any revisions shall be posted on the website
1846	1846	of the commission. The revision shall be subject to challenge
1847	1847	by any person for a period of thirty days after posting. The
1848	1848	revision may be challenged only on grounds that the revision
1849	1849	results in a material change to a rule. A challenge shall be
1850	1850	made in writing and delivered to the chair of the commission
1851	1851	prior to the end of the notice period. If no challenge is
1852	1852	made, the revision shall take effect without further action.
1853	1853	If the revision is challenged, the revision may not take effect
1854	1854	without the approval of the commission.
1855	1855	SECTION 12 -- COMPACT OVERSIGHT, DISPUTE RESOLUTION AND
1856	1856	ENFORCEMENT
1857	1857	A. Compact oversight shall be carried out as
1858	1858	follows:
1859	1859	(1) the executive, legislative and judicial
1860	1860	branches of state government in each member state shall enforce
1861	1861	this compact and take all necessary and appropriate actions
1862	1862	necessary to effectuate the compact's purposes and intent. The
1863	1863	provisions of this compact and the rules promulgated hereunder
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1892	1892	shall have standing as statutory law;
1893	1893	(2) all courts shall take judicial notice of
1894	1894	the compact and the rules in any judicial or administrative
1895	1895	proceeding that may affect the powers, responsibilities or
1896	1896	actions of the commission in a member state pertaining to the
1897	1897	subject matter of this compact; and
1898	1898	(3) the commission shall be entitled to
1899	1899	receive service of process in such proceedings and shall have
1900	1900	standing to intervene in such a proceeding for all purposes.
1901	1901	Failure to provide service of process to the commission shall
1902	1902	render a judgment or order void as to the commission, this
1903	1903	compact or promulgated rules.
1904	1904	B. Default, technical assistance and member state
1905	1905	termination shall be managed as follows:
1906	1906	(1) if the commission determines that a member
1907	1907	state has defaulted in the performance of its obligations or
1908	1908	responsibilities under this compact or the promulgated rules,
1909	1909	the commission shall provide:
1910	1910	(a) written notice to the defaulting
1911	1911	member state and other member states of the nature of the
1912	1912	default, the proposed means of curing the default or any other
1913	1913	action to be taken by the commission; and
1914	1914	(b) remedial training and specific
1915	1915	technical assistance regarding the default.
1916	1916	C. If a member state is in default of the compact
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1945	1945	and fails to cure the default, the defaulting member state may
1946	1946	be terminated from the compact upon an affirmative vote of a
1947	1947	majority of the member states, and all rights, privileges and
1948	1948	benefits conferred by this compact may be terminated on the
1949	1949	effective date of termination. A cure of the default does not
1950	1950	relieve the defaulting member state of obligations or
1951	1951	liabilities incurred during the period of default.
1952	1952	D. Termination of compact membership shall be
1953	1953	imposed only after all other means of securing compliance have
1954	1954	been exhausted. Notice of intent to suspend or terminate shall
1955	1955	be given by the commission to the governor, the majority and
1956	1956	minority leaders of the defaulting member state's legislature
1957	1957	and each of the member states.
1958	1958	E. A state that has been terminated from the
1959	1959	compact is responsible for all assessments, obligations and
1960	1960	liabilities incurred through the effective date of termination,
1961	1961	including obligations that extend beyond the effective date of
1962	1962	termination.
1963	1963	F. The commission shall not bear any costs related
1964	1964	to a state that is found to be in default or that has been
1965	1965	terminated from the compact, unless agreed upon in writing
1966	1966	between the commission and the defaulting state.
1967	1967	G. The defaulting state may appeal the action of
1968	1968	the commission by petitioning the United States district court
1969	1969	for the District of Columbia or the federal district where the
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1995	1995	23
1996	1996	24
1997	1997	25
1998	1998	commission has its principal offices. The prevailing party
1999	1999	shall be awarded all costs of such litigation, including
2000	2000	reasonable attorney fees.
2001	2001	H. Dispute resolution shall be conducted as
2002	2002	follows:
2003	2003	(1) upon request by a member state, the
2004	2004	commission shall attempt to resolve disputes related to the
2005	2005	compact that arise among member states and between member and
2006	2006	nonmember states; and
2007	2007	(2) the commission shall promulgate a rule
2008	2008	providing for both mediation and binding dispute resolution for
2009	2009	disputes as appropriate.
2010	2010	I. Enforcement shall be carried out as follows:
2011	2011	(1) the commission, in the reasonable exercise
2012	2012	of its discretion, shall enforce the provisions and rules of
2013	2013	this compact;
2014	2014	(2) by majority vote, the commission may
2015	2015	initiate legal action in the United States district court for
2016	2016	the District of Columbia or the federal district where the
2017	2017	commission has its principal offices against a member state in
2018	2018	default to enforce compliance with the provisions of the
2019	2019	compact and its promulgated rules and bylaws. The relief
2020	2020	sought may include both injunctive relief and damages. In the
2021	2021	event judicial enforcement is necessary, the prevailing party
2022	2022	shall be awarded all costs of such litigation, including
2023	2023	.228738.1
2024	2024	- 38 - underscored material = new
2025	2025	[bracketed material] = delete
2026	2026	1
2027	2027	2
2028	2028	3
2029	2029	4
2030	2030	5
2031	2031	6
2032	2032	7
2033	2033	8
2034	2034	9
2035	2035	10
2036	2036	11
2037	2037	12
2038	2038	13
2039	2039	14
2040	2040	15
2041	2041	16
2042	2042	17
2043	2043	18
2044	2044	19
2045	2045	20
2046	2046	21
2047	2047	22
2048	2048	23
2049	2049	24
2050	2050	25
2051	2051	reasonable attorney fees; and
2052	2052	(3) the remedies in this subsection shall not
2053	2053	be the exclusive remedies of the commission, and the commission
2054	2054	may pursue any other remedies available under federal or state
2055	2055	law.
2056	2056	SECTION 13 -- DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT
2057	2057	COMMISSION AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT
2058	2058	A. The compact shall come into effect on the date
2059	2059	on which the compact statute is enacted into law by the tenth
2060	2060	member state. The provisions, which become effective at that
2061	2061	time, shall be limited to the powers granted to the commission
2062	2062	relating to assembly and the promulgation of rules.
2063	2063	Thereafter, the commission shall meet and exercise rulemaking
2064	2064	powers necessary for the implementation and administration of
2065	2065	the compact.
2066	2066	B. Any state that joins the compact subsequent to
2067	2067	the commission's initial adoption of the rules shall be subject
2068	2068	to the rules as they exist on the date on which the compact
2069	2069	becomes law in that state. Any rule that has been previously
2070	2070	adopted by the commission shall have the full force and effect
2071	2071	of law on the day the compact becomes law in that state.
2072	2072	C. To withdraw from this compact, a member state
2073	2073	shall enact a statute repealing this statute, and withdrawal:
2074	2074	(1) shall take effect six months after the
2075	2075	enactment of the repealing statute; and
2076	2076	.228738.1
2077	2077	- 39 - underscored material = new
2078	2078	[bracketed material] = delete
2079	2079	1
2080	2080	2
2081	2081	3
2082	2082	4
2083	2083	5
2084	2084	6
2085	2085	7
2086	2086	8
2087	2087	9
2088	2088	10
2089	2089	11
2090	2090	12
2091	2091	13
2092	2092	14
2093	2093	15
2094	2094	16
2095	2095	17
2096	2096	18
2097	2097	19
2098	2098	20
2099	2099	21
2100	2100	22
2101	2101	23
2102	2102	24
2103	2103	25
2104	2104	(2) shall not affect the continuing
2105	2105	requirement of the withdrawing state's licensing board to
2106	2106	comply with the investigative and adverse action reporting
2107	2107	requirements of the compact prior to the effective date of
2108	2108	withdrawal.
2109	2109	D. Nothing contained in this compact shall be
2110	2110	construed to invalidate or prevent any professional counseling
2111	2111	licensure agreement or other cooperative arrangement between a
2112	2112	member state and a nonmember state that does not conflict with
2113	2113	the provisions of this compact.
2114	2114	E. This compact may be amended by the member
2115	2115	states. The amendment shall become effective and binding upon
2116	2116	a member state when it is enacted into the laws of all member
2117	2117	states.
2118	2118	SECTION 14 -- CONSTRUCTION AND SEVERABILITY
2119	2119	This compact shall be liberally construed to effectuate
2120	2120	its purposes. The provisions of this compact shall be
2121	2121	severable, and if any part of this compact is declared to be
2122	2122	contrary to the constitution of any member state or of the
2123	2123	United States or its applicability to any government, agency,
2124	2124	person or circumstance is held invalid, the validity of the
2125	2125	remainder of this compact and its applicability to any
2126	2126	government, agency, person or circumstance shall not be
2127	2127	affected. If this compact is held contrary to the constitution
2128	2128	of any member state, the compact shall remain in full force and
2129	2129	.228738.1
2130	2130	- 40 - underscored material = new
2131	2131	[bracketed material] = delete
2132	2132	1
2133	2133	2
2134	2134	3
2135	2135	4
2136	2136	5
2137	2137	6
2138	2138	7
2139	2139	8
2140	2140	9
2141	2141	10
2142	2142	11
2143	2143	12
2144	2144	13
2145	2145	14
2146	2146	15
2147	2147	16
2148	2148	17
2149	2149	18
2150	2150	19
2151	2151	20
2152	2152	21
2153	2153	22
2154	2154	23
2155	2155	24
2156	2156	25
2157	2157	effect as to the remaining member states and in full force and
2158	2158	effect as to the member state affected as to all severable
2159	2159	matters.
2160	2160	SECTION 15 -- BINDING EFFECT OF COMPACT AND OTHER LAWS
2161	2161	A. A licensee providing professional counseling
2162	2162	services in a remote state under the privilege to practice
2163	2163	shall adhere to the laws and regulations, including scope of
2164	2164	practice, of the remote state.
2165	2165	B. Nothing in this compact prevents the enforcement
2166	2166	of any other law of a member state that is consistent with the
2167	2167	compact.
2168	2168	C. Any laws in a member state in conflict with the
2169	2169	compact are superseded to the extent of the conflict.
2170	2170	D. Any lawful actions of the commission, including
2171	2171	all rules and bylaws properly promulgated by the commission,
2172	2172	are binding upon the member states.
2173	2173	E. All permissible agreements between the
2174	2174	commission and the member states are binding in accordance with
2175	2175	their terms.
2176	2176	F. In the event any provision of the compact
2177	2177	exceeds the constitutional limits imposed on the legislature of
2178	2178	any member state, the provision shall be ineffective to the
2179	2179	extent of the conflict with the constitutional provision in
2180	2180	question in that member state.".
2181	2181	- 41 -
2182	2182	.228738.1