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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2723 By: Hefner
AS INTRODUCED
An Act relating to mental health; creating the
Interstate Licensed Professional Counselors Compact;
stating purpose; providing definition s; providing
requirements for state participation in the Co mpact;
providing requirements for licensee to participate in
Compact; providing requirements for licensee to
obtain a new home state license based on
participation in Compact; providing for active duty
military and their spouse ; providing for Compact
privilege to practice telehealth; establishing
Counseling Compact Commission; providing requirements
for Commission; providing rules; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-220 of Title 43A, unless there
is created a duplication in numbering, reads as f ollows:
Interstate Licensed Professional Counselors Compact
ARTICLE I
Purpose
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The purpose of this compact is to facilitate interstate practice
of licensed professional counselors wi th the goal of improving
public access to professional counseling services. The practice of
professional counseling occurs in the state where the client is
located at the time of the counseling services. The compact
preserves the regulatory authority of states to protect public
health and safety through the current system of st ate licensure.
This compact is designed to achieve the following objectives:
1. Increase public access to professional counseling services
by providing for the mutual recognitio n of other member state
licenses;
2. Enhance the states' ability to protect the public's health
and safety;
3. Encourage the cooperation of member states in regulating
multistate practice for licensed professional counselors;
4. Support spouses of relocating active duty military
personnel;
5. Enhance the exchange of licensure, investigative, and
disciplinary information among member states;
6. Allow for the use of telehealth technology to facilitate
increased access to professional counseling ser vices;
7. Support the uniformity of professional counseling licensure
requirements throughout the states to promote public safety and
public health benefits;
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8. Invest all member states with the authority to hold a
licensed professional counselor accou ntable for meeting all state
practice laws in the state in which the client is locate d at the
time care is rendered through the mutual recognition of member state
licenses;
9. Eliminate the necessity for licenses in multiple states; and
10. Provide opportunities for interstate practice by license d
professional counselors who meet uniform licensure requirements.
SECTION 2. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 6-221 of Title 43A, unless there
is created a duplication in numbering, re ads as follows:
ARTICLE II
Definitions
As used in this compact, and except as otherwise provided, the
following definitions shall apply:
1. "Active duty military" means full-time duty status in the
active uniformed serv ice of the United States, including members of
the National Guard and Reserve on active duty orders pursuant to 10
U.S.C., Chapters 1209 and 1211;
2. "Adverse action" means any administrative, civil, equitable,
or criminal action permitted by a state 's laws which is imposed by a
licensing board or other authority against a licensed professional
counselor, including actions against an individu al's license or
privilege to practice such as revocation, suspension, probation,
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monitoring of the licensee, limitation on the licensee's practice,
or any other encumbrance on licensure affecting a licensed
professional counselor 's authorization to practic e, including
issuance of a cease and desist action ;
3. "Alternative program" means a nondisciplinary monitoring or
practice remediation process approve d by a professional counseling
licensing board to address impaired practitioners;
4. "Continuing competence/education " means a requirement, as a
condition of license r enewal, to provide evidence of participation
in, or completion of, educational and professional activities
relevant to practice or area of work;
5. "Counseling Compact Commission" or "Commission" means the
national administrative body whose members hip consists of all states
that have enacted the compact ;
6. "Current significant investigativ e information" means:
a. investigative information that a licensing board,
after a preliminary inquiry which includes
notification and an opportunity for the licensed
professional counselor to respond, if required by
state law, has reason to believe is not groundless
and, if proved true, would ind icate more than a minor
infraction, or
b. investigative information that indicates that the
licensed professiona l counselor represents an
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immediate threat to public health and safety
regardless of whether the licen sed professional
counselor has been notifi ed and had an opportunity to
respond;
7. "Data system" means a repository of information about
licensees, including, but not limited to, continuing education,
examination, licensure, investigative, privilege to practice, and
adverse action information;
8. "Encumbered license" means a license in w hich an adverse
action restricts the practice of licensed profes sional counseling by
the licensee and said adverse action has been reported to the
national practitioners data bank;
9. "Encumbrance" means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of licensed
professional counseling by a licensi ng board;
10. "Executive committee" means a group of directors elected or
appointed to act on behalf of, and within the powers granted to them
by, the commission;
11. "Home state" means the member state that is the licensee's
primary state of residence ;
12. "Impaired practitioner " means an individual who has a
condition that may impair his or her ability to practice as a
licensed professional counselor without some type of intervention
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and may include, but is not limit ed to, alcohol and drug depen dence,
mental health impairment, and neurological or physical impairments;
13. "Investigative information" means information, records, and
documents received or generated by a professional counseling
licensing board pursuant to an investigation;
14. "Jurisprudence requirement ", if required by a member state,
means the assessment of an indi vidual's knowledge of the laws and
rules governing the practice of p rofessional counseling in a state;
15. "Licensed professional cou nselor" means a counselor
licensed by a member state, regardless of the title used by that
state, to independently assess, diagn ose, and treat behavioral
health conditions;
16. "Licensee" means an individual who currently holds an
authorization from th e state to practice as a licensed professional
counselor;
17. "Licensing board" means the agency of a state, or
equivalent, that is responsible for the licensing and regulation of
licensed professional counselors;
18. "Member state" means a state that has enacted the compact;
19. "Privilege to practice" means a legal authorization, which
is equivalent to a license, permitting the practice of professional
counseling in a remote state;
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20. "Professional counseling" means the assessment, diagnosis,
and treatment of behavioral health conditions by a licensed
professional counselor ;
21. "Remote state" means a member state , other than the home
state, where a licensee is exercising or seeking to exercise the
privilege to practice ;
22. "Rule" means a regulation promulgated by the commission
that has the force of law;
23. "Single state license" means a licensed professional
counselor license issued by a member state that authorizes practice
only within the issuing state and does not include a privilege to
practice in any other member state ;
24. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates the
practice of professional counseling;
25. "Telehealth" means the application of telecommunication
technology to deliver professional counseling services remotely to
assess, diagnose, and treat behavioral health conditions ; and
26. "Unencumbered license" means a license that authorizes a
licensed professional counselor to engage in the full and
unrestricted practice of professional counseling.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-222 of Title 43A, unless there
is created a duplication in nu mbering, reads as follows:
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ARTICLE III
State Participation in the Compact
A. To participate in the compact, a state must currently:
1. License and regulate licensed professi onal counselors;
2. Require licensees to pass a nationally recognized exam
approved by the commission;
3. Require licensees to have a sixty (60) semester-hour, or
ninety (90) quarter-hour, master's degree in counseling or sixty
(60) semester-hours (or ninety (90) quarter-hours) of graduate
coursework, including the following topic areas:
a. professional counseling orientation and eth ical
practice,
b. social and cultural diversity ,
c. human growth and development ,
d. career development,
e. counseling and helping relationships,
f. group counseling and group work,
g. diagnosis and treatment,
h. assessment and testing,
i. research and program evaluation, and
j. other areas as determined by the commission ;
4. Require licensees to complete a supervised postgrad uate
professional experienc e as defined by the commission; and
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5. Have a mechanism in place for re ceiving and investigating
complaints about licensees.
B. A member state shall:
1. Participate fully in the commission 's data system, including
using the commission's unique identifier as defined in rules;
2. Notify the commission, in compliance with the terms of the
compact and rules, of any adverse action or the availability of
investigative information regarding a licensee;
3. Implement or utilize proced ures for considering the criminal
history records of applicants for an initial privilege to practice.
These procedures shall include the submission of fingerprints or
other biometric-based information by applicants for the purpose of
obtaining an applican t's criminal history recor d information from
the Federal Bureau of Investigation and the agency responsible for
retaining that state's criminal records.
A member state must fully implement a criminal background check
requirement, within a time frame estab lished by rule, by receiving
the results of the Federal Bureau of Investigation record search and
shall use the results in making licensure decisions.
Communication between a member state, the commission, and among
member states regarding the verific ation of eligibility for
licensure through the compact shall not include any information
received from the Federal Bureau of Investigation relating to a
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federal criminal records check performed by a member state under
Public Law 92-544;
4. Comply with the rules of the commission;
5. Require an applicant to obtain or retain a license i n the
home state and meet the home state's qualifications for licensure or
renewal of licensure, as well as all other applicable state laws;
6. Grant the privilege to practice to a licensee holding a
valid unencumbered lic ense in another member state in accordance
with the terms of th e compact and rules; and
7. Provide for the attendance of the state 's commissioner to
the counseling compact commission meetings.
C. Member states may charge a fee for granting the privilege to
practice.
D. Individuals not residing in a member state sh all continue to
be able to apply for a member state 's single state license as
provided under the laws of each member state. However, the single
state license granted to these individuals shall not be recognized
as granting a privilege to practice professional counseling in any
other member state.
E. Nothing in this compact shall affect the requirements
established by a member state for the issuance of a single state
license.
F. A license issued to a licensed professional counselor by a
home state to a resident in that state shall be recognized by each
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member state as authorizing a licensed professional counselor to
practice professional co unseling, under a privilege to practice in
each member state.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-223 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
ARTICLE IV
Privilege to Practice
A. To exercise the privilege to practice under the terms and
provisions of the compact, the licensee shall:
1. Hold a license in the home state;
2. Have a valid United States Social Security number or
national practitioner identifier;
3. Be eligible for a privileg e to practice in any member state
in accordance with Section 4(d), (g), and (h) of this compact;
4. Have not had any encumbrance or restriction against any
license or privilege to practice within the previous two (2) years;
5. Notify the commission that the licensee is seeking the
privilege to practice within a remote state(s);
6. Pay any applicable fees, including any state fee, for the
privilege to practice;
7. Meet any continuing comp etence/education requirements
established by the home state;
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8. Meet any jurisprudence requireme nts established by the
remote state(s) in which t he licensee is seeking a privilege to
practice; and
9. Report to the commission any adverse action, encumbrance, or
restriction on license taken by any non-member state within thirty
(30) days from the date the action is taken.
B. The privilege to practice is valid until the expiration date
of the home state license. The licensee must comply with the
requirements of Section 4(a) of this compact to maintain the
privilege to practice in the remote state.
C. A licensee providing professional counseling in a remote
state under the priv ilege to practice shall adhere to the laws and
regulations of the remote state.
D. A licensee providing professional counseling services in a
remote state is subject to that state's regulatory authority. A
remote state may, in accordance with due process a nd that state's
laws, remove a licensee 's privilege to practice in the remote state
for a specific period of time, impose fines, or take any other
necessary actions to pr otect the health and safety of its citizens.
The licensee may be ineligible for a priv ilege to practice in any
member state until the specific time for removal has passed and all
fines are paid.
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E. If a home state license is encumbered, the licensee shall
lose the privilege to practice in any remote state until the
following occur:
1. The home state license is no longer encumbered; and
2. The licensee has not had any encumbra nce or restriction
against any license or privilege to practice within the previous two
(2) years.
F. Once an encumbered license in the home state is restored to
good standing, the licensee must meet the requirements of Section
4(a) of this compact to obtain a privilege to practice in any remote
state.
G. If a licensee's privilege to practice in any remote state is
removed, the individual may lose the privilege to practice in all
other remote states until the following occur:
1. The specific period of time for which the privilege to
practice was removed has ended;
2. All fines have been paid; and
3. The licensee has not had any encumbrance or restriction
against any license or privilege t o practice within the previous two
(2) years.
H. Once the requirements of Section 4(g) of this compact have
been met, the licensee must meet the requirements in Section 4(a) of
this compact to obtain a privilege to practice in a remote state.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-224 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
ARTICLE V
Obtaining a New Home State Li cense Based on a Privilege to Practice
A. A licensed professional counselor ma y hold a home state
license, which allows for a privilege to practice in other member
states, in only one member state at a time.
B. If a licensed professional counselor cha nges primary state
of residence by moving b etween two member states:
1. The licensed professional counsel or shall file an
application for obtai ning a new home state license based on a
privilege to practice, pay all applicable fees, and notify the
current and new home state in accordance with applic able rules
adopted by the commission ;
2. Upon receipt of an application for obtaining a new home
state license by virtue of a privilege to practice, the new home
state shall verify that t he licensed professional counselor meets
the pertinent criteria outli ned in Section 4 of this compact via the
data system, without need for primary source ver ification except
for:
a. a Federal Bureau of Investigation fingerprint-based
criminal background check if not prev iously performed
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or updated pursuant to applicable rules adopted by t he
commission in accordance with Public Law 92-544,
b. other criminal background check as required by the new
home state, and
c. completion of any requisite jurisprudence requirements
of the new home state;
3. The former home state shall convert the former home state
license into a privilege to prac tice once the new home state has
activated the new home state license in ac cordance with applicable
rules adopted by the commission ;
4. Notwithstanding any other provision of this compact, if the
licensed professional counselor cannot meet the criteria in Section
4 of this compact, the new home state may apply its requirements for
issuing a new single state license ;
5. The licensed professional counselor shall p ay all applicable
fees to the new home state in order to be is sued a new home state
license.
C. If a licensed professional cou nselor changes primary state
of residence by moving from a mem ber state to a non-member state, or
from a non-member state to a mem ber state, the state criteria shall
apply for issuance of a s ingle state license in the new st ate.
D. Nothing in this compact shall interfere with a licensee's
ability to hold a single state license in multiple states; however
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for the purposes of this compact, a licensee shall have only one
home state license.
E. Nothing in this compact shall aff ect the requirements
established by a member state for the issuance of a single state
license.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-225 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
ARTICLE VI
Active Duty Military Personnel or Their Spouse
Active duty military personnel, or their spouse , shall designate
a home state where the indivi dual has a current license in good
standing. The individual may retain the home state designation
during the period the service me mber is on active duty. Subsequent
to designating a home state, the individual shal l only change his or
her home state through application for licen sure in the new state,
or through the process outlined in Section 5.
SECTION 7. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 6-226 of Title 43A, unless there
is created a duplica tion in numbering, reads as follows:
ARTICLE VII
Compact Privilege to Practice Telehealth
A. Member states shall recognize the right of a licensed
professional counselor, licensed by a home state in accordance with
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Section 3 of this compact and under rules promulgated by the
commission, to practice professional counseling in any member state
via telehealth under a privilege to practice as provided in the
compact and rules pro mulgated by the commission.
B. A licensee providing professional cou nseling services in a
remote state under the privilege to practice shall adhere to the
laws and regulations of the remote state.
SECTION 8. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statute s as Section 6-227 of Title 43A, unless there
is created a duplication in numbering, r eads as follows:
ARTICLE VIII
Adverse Actions
A. In addition to the other powers conferred by state law, a
remote state shall have the authority, in accordance with existing
state due process law, to:
1. Take adverse action against a licensed profession al
counselor's privilege to practice within that m ember state; and
2. Issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses as well as the
production of evidence. Subpoenas issued by a licensing board in a
member state for the attendance and testimon y of witnesses or the
production of eviden ce from another member state shall be enforced
in the latter state by any court of competent jurisdiction,
according to the practice and procedure of that court applicable to
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subpoenas issued in proceedings pending before it. The issuing
authority shall pay any witness fees, travel expenses, mileage, and
other fees required by the service statutes of the state in which
the witnesses or evidence is located .
Only the home state shall have the power to take adverse action
against a licensed professional cou nselor's license issued by the
home state.
B. For purposes of taking adverse action, the home state shall
give the same priority and effect to reported conduct received from
a member state as it would if the conduct had occurred within the
home state. In so doing, the home state shall apply its own state
laws to determine appropriate action.
C. The home state shall complete any pending investigations of
a licensed professional counselor who changes primary state of
residence during the course of the investigations. The home state
shall also have the authority to take appropriate action(s) and
shall promptly repor t the conclusions of the investigations to the
administrator of the data system. The administrator of the
coordinated licensure information system shall promptly notify the
new home state of any adverse actions.
D. A member state, if otherwise permitted by state law, may
recover from the affected li censed professional counselor the costs
of investigations and dispositions of cases resulting from any
adverse action taken against that licensed professional counselor.
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E. A member state may take adverse acti on based on the factual
findings of the remote state, provided that the member state follows
its own procedures for taking th e adverse action.
F. Joint Investigations
1. In addition to the authority granted to a member state by
its respective profession al counseling practice act or other
applicable state law, any member state may participate with other
member states in joint in vestigations of licensees .
2. Member states shall share any in vestigative, litigation, or
compliance materials in furtherance of any joint or individual
investigation initia ted under the compact.
G. If adverse action is taken by the home state against the
license of a licensed professional counselor, the licensed
professional counselor's privilege to practice in all other member
states shall be deac tivated until all encumbra nces have been removed
from the state license. All home state disciplinary orders that
impose adverse action against the license of a licensed professional
counselor shall include a statement that the licensed professional
counselor's privilege to pract ice is deactivated in all member
states during the pe ndency of the order.
H. If a member state takes adverse action, it shall promptly
notify the administrator of the data system. The administrator of
the data system shall promptly n otify the home state of any adverse
actions by remote states.
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I. Nothing in this compact shall override a mem ber state's
decision that participation in an alterna tive program may be used in
lieu of adverse action.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-228 of Title 43A, unless there
is created a duplication in n umbering, reads as follows:
ARTICLE IX
Establishment of Counseling Com pact Commission
A. The compact member states hereby create and establish a
joint public agency known as the Counseling Compact Commission:
1. The Commission is an instrumentality of t he compact states;
2. Venue is proper and judicial proceedings b y or against the
commission shall be brou ght solely and exclusively in a court of
competent jurisdiction where the principal office of the Commission
is located. The Commission may waive venue and jurisdictional
defenses to the extent it adopts or cons ents to participate in
alternative dispute re solution proceedings;
3. Nothing in this compact shall be construed to be a waiver of
sovereign immunity.
B. Membership, voting, and meetings
1. Each member state shall have and be li mited to one delegate
selected by that member state 's licensing board.
2. The delegate shall be either:
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a. a current member of the licensing board at the time of
appointment, who is a li censed professional coun selor
or public member, or
b. an administrator of the licensing bo ard.
3. Any delegate may be removed or suspended from office as
provided by the law of the state from w hich the delegate is
appointed.
4. The member state's licensing board shall fill any vacancy
occurring on the Commission within sixty (60) days.
5. Each delegate shall be entitled to one vote with regard to
the promulgation of rules and creation of bylaw s and shall otherwise
have an opportunity to participate in the busines s and affairs of
the Commission.
6. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates'
participation in meetin gs by telephone or other means of
communication.
7. The Commission shall meet a t least once during each calendar
year. Additional meetings shall be held as set forth in the bylaws.
8. The Commission shall by rule establish a term of office for
delegates and may by rule establish term limits.
C. The Commission shall have the fol lowing powers and duties:
1. Establish the fiscal year of the comm ission;
2. Establish bylaws;
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3. Maintain its financial records in accordance with the
bylaws;
4. Meet and take such actions as are consistent with the
provisions of this compact and the bylaws;
5. Promulgate rules which shall be bindi ng to the extent and in
the manner provided for in the compact;
6. Bring and prosecute legal proceedings or actions in the name
of the Commission, provided that the standing of any state licensing
board to sue or be sued under applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or co ntract for services of personnel,
including, but not limited to, employees of a mem ber state;
9. Hire employees, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry
out the purposes of the comp act, and establish the commission's
personnel policies and programs relating to conflicts of interest,
qualifications of pe rsonnel, and other related personnel matters;
10. Accept any and all appropriate donations and grants of
money, equipment, supplies, materials, and servic es, and to receive,
utilize, and dispose of the same; provided that at all times the
Commission shall avoid any appearance of impro priety or conflict of
interest;
11. Lease, purchase, accept appropriate gifts or donations of,
or otherwise to own, hold, improve or use, any property, re al,
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personal or mixed; provided that at all times the Commission shall
avoid any appearance of impropr iety;
12. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any prop erty real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees composed
of members, state regulators , state legislators or their
representatives, and consumer represe ntatives, and such other
interested persons as may be designated in this compact and th e
bylaws;
16. Provide and receive i nformation from, and cooperate with,
law enforcement agencies;
17. Establish and elect an executive committee; and
18. Perform such other functions as may be neces sary or
appropriate to achieve the purposes of this compact cons istent with
the state regulation of professional counseling licensur e and
practice.
D. The executive committee
1. The executive committee shall have the power to act on
behalf of the Commission according to the t erms of this compact.
2. The executive committee shall be composed of up to eleven
(11) members:
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a. seven voting members who are elec ted by the Commission
from the current membership of the Commission, and
b. up to four ex-officio, nonvoting members from four
recognized national professional counselor
organizations, selected by their respective
organizations.
3. The Commission may remove any member of the executive
committee as provided in the bylaws.
4. The executive committee shall m eet at least annually.
5. The executive committee shall have the following duties and
responsibilities:
a. recommend to the entire Commission changes to the
rules or bylaws, changes to this compact , fees paid by
compact member states such as an nual dues, and any
Commission compact fee charged to licensees for t he
privilege to practice,
b. ensure compact administration services are
appropriately provided, contractual or otherwise ,
c. prepare and recommend the bu dget,
d. maintain financial records on behalf of the
Commission,
e. monitor compact compliance of member st ates and
provide compliance reports to the Commission,
f. establish additional committees as necessary , and
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g. other duties as provided in rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public notice
of meetings shall be given in the same manner as required under the
rulemaking provisions in Section 11 of this compact.
2. The Commission or the executive committee o r other
committees of the Commission may convene in a closed, non-public
meeting if the Commission or executive committee or other committees
of the Commission must discuss:
a. non-compliance of a member state with its obligations
under the compact,
b. the employment, compensation, discipline, o r other
matters, practices, or procedures related to specific
employees or other matters related to the Commission's
internal personnel practices and procedures ,
c. current, threatened, or reasonably anticipated
litigation,
d. negotiation of contracts for the purchase, lease, or
sale of goods, services, o r real estate,
e. accusing any person of a crime or formally cen suring
any person,
f. disclosure of trade secrets or commercial or financial
information that is privi leged or confidential ,
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g. disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy,
h. disclosure of investigative records compiled for law
enforcement purposes ,
i. disclosure of information related to any in vestigative
reports prepared by or on behalf of or for use of t he
Commission or other committee charged with
responsibility of investigation or determination of
compliance issues pursuant to the compact , or
j. matters specifically exempted from disclosure by
federal or member state statute.
3. If a meeting, or porti on of a meeting, is closed pursuant to
this provision, the Commission's legal counsel or designee shall
certify that the meeting may be closed and shall reference each
relevant exempting provisio n.
4. The Commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore,
including a description of th e views expressed. All documents
considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the Commission
or order of a court of competent jurisdiction.
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F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing
activities.
2. The Commission may accept any and all approp riate revenue
sources, donations, a nd grants of money, equipment, supplies,
materials, and services.
3. The Commission may levy on and collect an annual assessment
from each member state or impose fees on other parties to cover the
cost of the operations and activities of the Commission and its
staff, which must be in a total amount sufficient to cover its
annual budget as approved each yea r for which revenue is not
provided by other sources. The aggregate annual assessment amount
shall be allocated base d upon a formula to be determined by the
Commission, which shall promulgate a rule binding upon all member
states.
4. The Commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any of the member states, except by
and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Commission
shall be subject to the audit and accounting procedures established
under its bylaws. However, all receipts and disbursements of funds
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handled by the Commission shall be audited yearly by a certified or
licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Commission.
G. Qualified immunity, defense, and indemnification
1. The members, officers, executive director, employees, and
representatives of the Commission shall be immune from suit and
liability, either personally or in the ir official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or
responsibilities; pr ovided that nothing in this paragraph shall be
construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person.
2. The Commission shall defen d any member, officer, executive
director, employee, or representative of the Commission in any civil
action seeking to impose liability arisi ng out of any actual or
alleged act, error, or omission that occurr ed within the scope of
Commission employment, duties, or responsibilit ies, or that the
person against whom the claim is made had a reasonable basis for
believing occurred within the scope o f Commission employment,
duties, or responsibilities; provided that nothing herein shall be
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construed to prohibit that person from retainin g his or her own
counsel; and provided further, that the actual or alleged act,
error, or omission did not result from that person 's intentional or
willful or wanton misconduct.
3. The Commission shall indemnify and hold harml ess any member,
officer, executive director, employee, or representative of the
Commission for the amount of any settleme nt or judgment obtained
against that person arising out of any actual or alleged act, error,
or omission that occurred within the scop e of Commission employment,
duties, or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of commission
employment, duties, or resp onsibilities, provided that the actual or
alleged act, error, or omission did not result from the intentional
or willful or wanton misconduct of that person.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-229 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
ARTICLE X
Data System
A. The Commission shall provide for the developm ent,
maintenance, operation, and utilization of a coordinate d database
and reporting system containing licensure, advers e action, and
investigative information on all licensed individuals in member
states.
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B. Notwithstanding any other provision of state la w to the
contrary, a member state shall submit a uniform da ta set to the data
system on all individuals to whom this co mpact is applicable as
required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or privilege to practice;
4. Non-confidential information related to alternative program
participation;
5. Any denial of application for licensure, and the reason(s)
for such denial;
6. Current significant in vestigative informatio n; and
7. Other information that may facilita te the administration of
this compact, as determined by the rules of th e Commission.
C. Investigative information pertaining to a licensee in any
member state shall only be available to othe r member states.
D. The Commission shall promptly notify all member states of
any adverse action taken against a licensee or an indiv idual
applying for a license. Adverse action information pertaining to a
licensee in any member state will be available to any other member
state.
E. Member states contributing informatio n to the data system
may designate information that may not be sha red with the public
without the express permission of the contributing state.
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F. Any information submitted to the data system that is
subsequently required to be expunged by the laws of the member state
contributing the information shall be removed from t he data system.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-230 of Title 43A, unless there
is created a duplication in numberi ng, reads as follows:
ARTICLE XI
Rulemaking
A. The Commission shall promulgate reasonable rules in order to
effectively and efficiently achieve the purpose of the compact.
Notwithstanding the foregoing, in the event the commission exercises
its rulemaking authority in a manner that is beyond the scope of the
purposes of the compact, or the powers granted hereunder, then such
an action by the commission shall be invalid and have no force or
effect.
B. The Commission shall exercise its rule-making powers
pursuant to the criteria set forth in this section and the rules
adopted thereunder. Rules and amendments shall become binding as of
the date specified in each rule or amendment .
C. If a majority of the legislatures of the member states
rejects a rule, by enac tment of a statute or resolution in the same
manner used to adopt the compact within four (4) years of the date
of adoption of the rule, then such rule shall have no further force
and effect in any member state.
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D. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the Commission.
E. Prior to promulgation and adoption of a final rule or rules
by the Commission, and at least thirty (30) day s in advance of the
meeting at which the rule will be considered and voted upon, the
Commission shall file a notice of proposed rule-making:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each member s tate's professional
counseling licensing board or other publicly accessible platform or
the publication in which each state would oth erwise publish proposed
rules.
F. The notice of proposed rule -making shall include:
1. The proposed time, date, and locati on of the meeting in
which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason
for the proposed rule;
3. A request for comments on the proposed rule from any
interested person; and
4. The manner in which interested persons may submit notice to
the Commission of their intention to attend the pu blic hearing and
any written comments.
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G. Prior to adoption of a proposed rule, the Commission shall
allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
H. The Commission shall grant an opportu nity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by:
1. At least twenty-five persons;
2. A state or federal gover nmental subdivision or agency; or
3. An association having at least twenty -five members.
I. If a hearing is held on the proposed rule or amendment, the
Commission shall publish the place, time, and date of the scheduled
public hearing. If the hearing is held via electronic means, the
Commission shall publish the mechanism for access to the electronic
hearing.
1. All persons wishing to be hea rd at the hearing shall notify
the executive director of the Commission or other designated member
in writing of their desire to appear and testify at the hearing not
less than five (5) business days befo re the scheduled date of the
hearing.
2. Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity to
comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will
be made available on request.
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4. Nothing in this section shall be construed as requiring a
separate hearing on each r ule. Rules may be grouped for the
convenience of the Commission at hearings required by this section.
J. Following the scheduled he aring date, or by the close of
business on the scheduled hearing date if the hearing was not held,
the Commission shall consider all written and oral comments
received.
K. If no written notice of intent to attend the public hearing
by interested parties is received, the Commission may proceed with
promulgation of the proposed rule without a public hearing.
L. The Commission shall, by majority vote of all members , take
final action on the proposed rule and shall determine the effective
date of the rule, if any, based on the rule-making record and the
full text of the rule.
M. Upon determination that an em ergency exists, the Commission
may consider and adopt an em ergency rule without prior notice,
opportunity for comment, or hearing, provided that the usual rule-
making procedures provided in the compact and in this section shall
be retroactively applied to the rule as soon as reasonably possible,
in no event later than ninety (90) days after the effective date of
the rule. For the purposes of this prov ision, an emergency rule is
one that must be adopted immediat ely in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
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2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an administrative
rule that is established by federal law or rule; or
4. Protect public health and s afety.
N. The Commission or an authorized committee of the commission
may direct revisions to a previously adopted rule or amendment for
purposes of correcting typo graphical errors, errors in format,
errors in consistency, or g rammatical errors. Public notice of any
revisions shall be posted on the website of the commission. The
revision shall be subject to challenge by any person for a period of
thirty (30) days after posting. The revision may be challenged only
on grounds that the revision results in a material change to a rule.
A challenge shall be made in writing and delivered to the executive
director of the Commission prior to the end of the notice peri od.
If no challenge is ma de, the revision will take effect without
further action. If the revision is challenged, the revision may not
take effect without the approval of the Commission.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-231 of Title 43A, unless there
is created a duplication in numbering, read s as follows:
ARTICLE XII
Oversight, Dispute Resolution, and Enforcement
A. Oversight
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1. The executive, legislative, and judicial branches of state
government in each member state shall enforce this compact and take
all actions necessary and appropr iate to effectuate the compact's
purposes and intent. The provisions of this compact and the rules
promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the compact and the
rules in any judicial or administ rative proceeding in a member state
pertaining to the subject matter of this compact which may affect
the powers, responsibilities, or actions of the Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding and s hall have standing to intervene
in such a proceeding for all purpose s. Failure to provide service
of process to the Commission shall render a judgment or order void
as to the Commission, this compact, or promulgated rules.
B. Default, technical assistance, and termination
1. If the Commission determines that a member state has
defaulted in the performa nce of its obligations or responsibilities
under this compact or the promulgated rules, the Commission shall:
a. provide written notice to the defaulting state and
other member states of the nature of the default, the
proposed means of curing the default, and any other
action to be taken by the Commission, and
b. provide remedial training and specific technical
assistance regarding the default.
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C. If a state in default fails to cu re the default, the
defaulting state may be terminated from the compact upo n an
affirmative vote of a majority of the member states, and all rights,
privileges and benefits conferred by this compact may be terminated
on the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of default.
D. Termination of membership in the compact shall be imposed
only after all other me ans of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the Commission to the governor, the majority and minority leaders
of the defaulting state's legislature, and each of the member
states.
E. A state that has been terminated is responsible for all
assessments, obligati ons, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
F. The Commission shall not bear any cos ts related to a state
that is found to be in default or that has be en terminated from the
compact, unless agre ed upon in writing between the Commission and
the defaulting state.
G. The defaulting state may appeal the a ction of the Commission
by petitioning the United States District Court for the District of
Columbia or the federa l district where the Commission has its
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principal offices. The prevailing member shall be awarded a ll costs
of such litigation, including rea sonable attorney fees.
H. Dispute resolution
1. Upon request by a member state, the Commission shall attempt
to resolve disputes r elated to the compact that arise among member
states and between member and non -member states.
2. The Commission shall prom ulgate a rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
I. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
2. By majority vote, the commission may initiate legal action
in the United States District Court for the District of Columbia or
the federal district where the Commission has its principal offices
against a member state in defa ult to enforce compliance with the
provisions of the compact and it s promulgated rules and bylaws. The
relief sought may include both injunctive relief and damages. In
the event judicial enforcement is necessary, the prevailing member
shall be awarded all costs of such litigation, including reasonable
attorney fees.
3. The remedies herein shall not be the exclusive remedies of
the Commission. The commission may pursue any other remedies
available under federal or state law.
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SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-232 of Title 43A, unless there
is created a duplication in numbering, reads as follows:
ARTICLE XIII
Date of Implementation of Counseling Compact Commission and
Associated Rules, Withdrawal, and Amendment
A. The compact shall come into effect on the date on which the
compact statute is enacted into la w. The provisions, which become
effective at that time, shall be limited to the powers granted to
the Commission relating to assembly and the promulgati on of rules.
Thereafter, the Commission shall meet and exercise rulemaking powers
necessary to the implementation and administration of the compact.
B. Any state that joins the compact subsequent to the
Commission's initial adoption of the rules shall be subject t o the
rules as they exist on the date on which the co mpact becomes law in
that state. Any rule that has been previously adopted by the
Commission shall have the full force and effect of law on the day
the compact becomes law in that state.
C. Any member state may withdraw from this compact by enacting
a statute repealing the same.
1. A member state's withdrawal shall not take effect until six
(6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of
the withdrawing state's professional counseling licensi ng board to
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comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of
withdrawal.
D. Nothing contained in this compact shall be construed to
invalidate or prevent any professional counseling licens ure
agreement or other coo perative arrangement between a member state
and a non-member state that does not conflict with the provisions of
this compact.
E. This compact may be amended by the memb er states. No
amendment to this compact shall become effectiv e and binding upon
any member state until it is enacted into the l aws of all member
states.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 6-233 of Title 43A, unless there
is created a duplication in numberin g, reads as follows:
ARTICLE XIV
Construction and Severability
This compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentenc e, or provision of this
compact is declared to be contrary to the constitution of any member
state or of the United States or the applicability thereof to any
government, agency, person, or circumstance is held invalid, the
validity of the remainder of this compact and the applicability
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thereof to any government, agency , person, or circumstance shall not
be affected thereby. If this compact shall be held con trary to the
constitution of any member state, the compact shall remain in full
force and effect as to the remaining member states and in full force
and effect as to the member state affected as to all severable
matters.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-234 of Title 43A, unless there
is created a duplication in numbering, reads as follow s:
ARTICLE XV
Binding Effect of Compact and Other Laws
A. A licensee providing professional counseling services in a
remote state under the privilege to practice s hall adhere to the
laws and regulations, including scope of practice, of the remote
state.
B. Nothing herein prevents the enforcement of any other law of
a member state that is not inconsistent with the compac t.
C. Any laws in a member state in conflict with the compact are
superseded to the extent of the conflict.
D. Any lawful actions of the Commission, including all rules
and bylaws properly promulgated by the Commission, are binding upon
the member states.
E. All permissible agreements between the Commission and the
member states are binding in accordance with their terms.
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16
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F. In the event any provision of the compact exceeds the
constitutional limits imposed on t he legislature of any member
state, the provision shall be ineffective to the extent of the
conflict with the constituti onal provision in question in that
member state.
SECTION 16. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
02/22/2023 - DO PASS.