Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB575 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
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	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 575 By: Stephens of the Senate
7	37
8	38		and
9	39
10		-	Randleman and Hefner of the
11		-	House
	40	+	Randleman of the House
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16	49		An Act relating to professions and occupati ons;
17	50		creating the Janet Phillips Act of 2023; p roviding
18	51		short title; enacting the Counseling Compact and
19	52		authorizing Governor to enter into compac t with
20	53		certain jurisdictions; setting forth form of certain
21	54		compact; providing for codification; providing for
22	55		noncodification; and providing an effective date .
23	56
24	57
25	58
26	59
27	60
28		-	~~SUBJECT: Counseling Compact~~
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29	62
30	63		BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
31		-
32	64		SECTION 1. NEW LAW A new section of law not to be
33	65		codified in the Oklahoma Statutes reads as follows:
34		-
35	66		This act shall be known and may be cited as the “Janet Phillips
36	67		Act of 2023”.
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37	94
38	95		SECTION 2. NEW LAW A new section of law to be codified
39	96		in the Oklahoma Statutes as Section 1921.1 of Title 59, unless there
40	97		is created a duplication in numbering, reads as follows:
41		-
42	98		The Counseling Compact is hereby enacted into law and the
43	99		Governor shall enter into a compact on behalf of the State of
44	100		Oklahoma with any jurisdiction legally joined therein, in the form
45	101		substantially as set forth in Section 2 of this ac t.
46		-
47		-
48		-	ENR. S. B. NO. 575 Page 2
49	102		SECTION 3. NEW LAW A new section of law to be codified
50	103		in the Oklahoma Statutes as Section 1921.2 of Title 59, unless there
51	104		is created a duplication in numbering, reads as follows:
52		-
53	105		SECTION 1: PURPOSE
54		-
55	106		The purpose of this Compact is to facilitate in terstate practice
56	107		of Licensed Professional Counselors with the goal of i mproving
57	108		public access to Professional Counseling services. The practice of
58	109		Professional Counseling occurs in the State where the client is
59	110		located at the time of the counseling servi ces. The Compact
60	111		preserves the regulatory authority of States to protect public
61	112		health and safety through the current system of State licensure.
62		-
63	113		This Compact is designed to achieve the following objectives:
64		-
65	114		A. Increase public access to Professional Couns eling services
66	115		by providing for the mutual recognition of other Member S tate
67	116		licenses;
68		-
69	117		B. Enhance the States’ ability to protect the public ’s health
70	118		and safety;
71	119
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72	146		C. Encourage the cooperation of Member States in regulating
73	147		multistate practice for Licensed Professional Counselors;
74		-
75	148		D. Support spouses of relocating Active Duty M ilitary
76	149		personnel;
77		-
78	150		E. Enhance the exchange of licensure, investigative, and
79	151		disciplinary information among Member States;
80		-
81	152		F. Allow for the use of Telehealth technology to facilitate
82	153		increased access to Professional Counseling services;
83		-
84	154		G. Support the uniformity of Professional Counseling licensure
85	155		requirements throughout the States to promote public safety and
86	156		public health benefits;
87		-
88	157		H. Invest all Member States with the authority to hold a
89	158		Licensed Professional Counselor accountable for meeting all Stat e
90	159		practice laws in the State in which the client is located at the
91		-
92		-	ENR. S. B. NO. 575 Page 3
93	160		time care is rendered through the mutual recognition of Member State
94	161		licenses;
95		-
96	162		I. Eliminate the necessity for l icenses in multiple States; and
97		-
98	163		J. Provide opportunities for interstate prac tice by Licensed
99	164		Professional Counselors who meet uniform licensure requirements.
100		-
101	165		SECTION 2: DEFINITIONS
102		-
103	166		As used in this Compact, and except as otherwis e provided, the
104	167		following definitions shall apply:
105		-
106	168		A. “Active Duty Military” means full-time duty status in the
107	169		active uniformed service of the United States, including members of
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108	197		the National Guard and Reserve on active duty orders pursuant to 10
109	198		U.S.C. Chapters 1209 and 1211.
110		-
111	199		B. “Adverse Action” means any administra tive, civil, equitable,
112	200		or criminal action permitted by a State’s laws which is imposed by a
113	201		Licensing Board or other authority against a Licensed Professional
114	202		Counselor, including actions against an individual ’s license or
115	203		Privilege to Practice such as rev ocation, suspension, probation,
116	204		monitoring of the licensee, limitation on the licensee’s practice,
117	205		or any other Encumbrance on licensure affecting a Licensed
118	206		Professional Counselor ’s authorization to practice, including
119	207		issuance of a cease and desist action.
120		-
121	208		C. “Alternative Program” means a non-disciplinary monitoring or
122	209		practice remediation process approved by a Professional Counseling
123	210		Licensing Board to address Impaired Practitioners.
124		-
125	211		D. “Continuing Competence/Educatio n” means a requirement, as a
126	212		condition of license renewal, to provide ev idence of participation
127	213		in, and/or completion of, educational and professional activities
128	214		relevant to practice or area of work.
129		-
130	215		E. “Counseling Compact Commission ” or “Commission” means the
131	216		national administrative body whose membership consists of all States
132	217		that have enacted the Compact.
133		-
134	218		F. “Current Significant Investigative Information ” means:
135		-
136		-	ENR. S. B. NO. 575 Page 4
137		-
138	219		1. Investigative Information that a Licensing Board, after a
139	220		preliminary inquiry that includes notification and an opportunit y
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140	248		for the Licensed Professional Counselor to respond, if required by
141	249		State law, has reason to believe is not groundless and, if proved
142	250		true, would indicate more than a minor infraction; or
143		-
144	251		2. Investigative Information th at indicates that the Licensed
145	252		Professional Counselor represents an immediate threat to public
146	253		health and safety regardless of whether the Licensed Professional
147	254		Counselor has been notified and had an opportunity to respond.
148		-
149	255		G. “Data System” means a repository of information about
150	256		Licensees, including, but not limited to, continuing education,
151	257		examination, licensure, investigative, Privilege to Practice , and
152	258		Adverse Action information.
153		-
154	259		H. “Encumbered License” means a license in which an Adverse
155	260		Action restricts the practice of Professional Counseling by the
156	261		Licensee and said Adverse Action has been reported to the National
157	262		Practitioner Data Bank (NPDB).
158		-
159	263		I. “Encumbrance” means a revocation or suspension of, or any
160	264		limitation on, the full and unrestricted practice of Professional
161	265		Counseling by a Licensing Board.
162		-
163	266		J. “Executive Committee” means a group of directors elected or
164	267		appointed to act on behalf of, and within the powers granted to them
165	268		by, the Commission.
166		-
167	269		K. “Home State” means the Member State that is the Licensee’s
168	270		primary State of residenc e.
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169	297
170	298		L. “Impaired Practitioner” means an individual who has a
171	299		condition(s) that may impair his or her ability to practice as a
172	300		Licensed Professional Counselor without some type of intervention
173	301		and may include, but ar e not limited to, alcohol and drug
174	302		dependence, mental health impairment, and neurological or physical
175	303		impairments.
176		-
177		-
178		-	ENR. S. B. NO. 575 Page 5
179	304		M. “Investigative Information ” means information, records, and
180	305		documents received or generated by a Professional Counseling
181	306		Licensing Board pursuant to an investi gation.
182		-
183	307		N. “Jurisprudence Requirement” if required by a Member State,
184	308		means the assessment of an individual’s knowledge of the laws and
185	309		Rules governing the practice of Professional Counseling in a State.
186		-
187	310		O. “Licensed Professional Counselor” means a counselor licensed
188	311		by a Member State, regardless of the title used by that State, to
189	312		independently assess, diagnose, and treat behavioral health
190	313		conditions.
191		-
192	314		P. “Licensee” means an individual who currently holds an
193	315		authorization from the State to practice as a Licensed Professional
194	316		Counselor.
195		-
196	317		Q. “Licensing Board” means the agency of a State, or
197	318		equivalent, that is responsible for the licensing and regulation of
198	319		Licensed Professional Counselors.
199		-
200	320		R. “Member State” means a State that has ena cted the Compact.
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201	347
202	348		S. “Privilege to Practice” means a legal authoriz ation, which
203	349		is equivalent to a license, permitting the practice of Professional
204	350		Counseling in a Remote State.
205		-
206	351		T. “Professional Counseling ” means the assessment, diagnosis,
207	352		and treatment of behavioral health conditions by a Licensed
208	353		Professional Counselor .
209		-
210	354		U. “Remote State” means a Member State other than the Home
211	355		State, where a Licensee is exercising or seeking to exercise the
212	356		Privilege to Practice.
213		-
214	357		V. “Rule” means a regulation promulgated by the Commission that
215	358		has the force of law.
216		-
217	359		W. “Single State License” means a Licensed Professional
218	360		Counselor license issued by a Member State that authorizes practice
219	361		only within the issuing State and does not include a Privilege to
220	362		Practice in any other Member State.
221		-
222		-	ENR. S. B. NO. 575 Page 6
223		-
224	363		X. “State” means any state, commonwealth, distr ict, or
225	364		territory of the United States of America that regulates the
226	365		practice of Professional Counseling.
227		-
228	366		Y. “Telehealth” means the application of telecommunicatio n
229	367		technology to deliver Professional Counselin g services remotely to
230	368		assess, diagnose, and t reat behavioral health conditions.
231		-
232	369		Z. “Unencumbered License” means a license that authorizes a
233	370		Licensed Professional Counselor to engage in the full and
234	371		unrestricted practice of Professio nal Counseling.
235	372
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236	399		SECTION 3: STATE PARTICIPATION IN THE COMPACT
237		-
238	400		A. To Participate in the Compact, a State must currently:
239		-
240	401		1. License and regulate Licensed Professional Counselo rs;
241		-
242	402		2. Require Licensees to pass a nationally recognized exam
243	403		approved by the Commission;
244		-
245	404		3. Require Licensees to have a 60-semester-hour (or 90-quarter-
246	405		hour) master’s degree in counseling or 60 semester hours (or 90
247	406		quarter hours) of graduate course work including the following topic
248	407		areas:
249		-
250	408		a. Professional Counseling Orientation a nd Ethical
251	409		Practice;
252		-
253	410		b. Social and Cultural Diversity;
254		-
255	411		c. Human Growth and Development;
256		-
257	412		d. Career Development;
258		-
259	413		e. Counseling and Helping Relationships ;
260		-
261	414		f. Group Counseling and Group Work ;
262		-
263	415		g. Diagnosis and Treatment; Assessment and Testing;
264		-
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267	416		h. Research and Program Evaluation; and
268		-
269	417		i. Other areas as determined by the Commissi on;
270		-
271	418		4. Require Licensees to complete a supervised postgraduate
272	419		professional experience as defined by the Commission; and
273		-
274	420		5. Have a mechanism in place for receiving and investigating
275	421		complaints about Licensees.
276		-
277	422		B. A Member State shall:
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278	449
279	450		1. Participate fully in the Commission’s Data System, including
280	451		using the Commission’s unique identifier as defined in Rules;
281		-
282	452		2. Notify the Commission, in compliance with the terms of the
283	453		Compact and Rules, of any Adverse Action or the availability of
284	454		Investigative Inform ation regarding a Licensee;
285		-
286	455		3. Implement or utilize procedures for considering the criminal
287	456		history records of applicants for an initial Privilege to Practice.
288	457		These procedures shall inc lude the submission of fingerprints or
289	458		other biometric-based information by applicants for the purpose of
290	459		obtaining an applicant’s criminal history record information from
291	460		the Federal Bureau of Investigation and the agency responsible for
292	461		retaining that State’s criminal records.
293		-
294	462		a. A member state must fully implement a cri minal
295	463		background check requirement, within a time frame
296	464		established by rule, by receiving the results of the
297	465		Federal Bureau of Investigation record search and
298	466		shall use the results in making licensure decisions.
299		-
300	467		b. Communication between a Member State, the Commission,
301	468		and among Member States regarding the verification of
302	469		eligibility for licensure through the Compact shall
303	470		not include any information r eceived from the Federal
304	471		Bureau of Investigation relating to a f ederal criminal
305	472		records check performed by a Member State under Public
306	473		Law 92-544;
307	474
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308	501		4. Comply with the Rules of the Commission;
309		-
310		-	ENR. S. B. NO. 575 Page 8
311		-
312	502		5. Require an applicant to obtain or retain a license in the
313	503		Home State and meet the Home State’s qualifications for licensure or
314	504		renewal of licensure, as well as all other applicable State laws;
315		-
316	505		6. Grant the Privilege to Practice to a Licensee holding a
317	506		valid Unencumbered License in another Member State in accordance
318	507		with the terms of the Compact and Rules; and
319		-
320	508		7. Provide for the attendance of the State’s commissioner to
321	509		the Counseling Compact Commission meetings.
322		-
323	510		C. Member States may charge a fee for granting the Privilege to
324	511		Practice.
325		-
326	512		D. Individuals not residing in a Member State shall continue to
327	513		be able to apply for a Memb er State’s Single State License as
328	514		provided under the laws of each Member State. However, the Single
329	515		State License granted to these individuals shall not be recognized
330	516		as granting a Privilege to Practice Professional Counseling in any
331	517		other Member State.
332		-
333	518		E. Nothing in this Compact shall affect the requirements
334	519		established by a Member State for the issuance of a Single State
335	520		License.
336		-
337	521		F. A license issued to a Licensed Professional Counselor by a
338	522		Home State to a resident in that State shall be recognized by each
339	523		Member State as authorizing a Licensed Professional Counselor to
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340	551		practice Professional Counseling, under a Privilege to Practice, in
341	552		each Member State.
342		-
343	553		SECTION 4: PRIVILEGE TO PRACTICE
344		-
345	554		A. To exercise the Privilege to Practic e under the terms and
346	555		provisions of the Compact, the Licensee shall:
347		-
348	556		1. Hold a license in the Home State;
349		-
350	557		2. Have a valid United States Social Security Number or
351	558		National Practitioner Identifier;
352		-
353		-
354		-	ENR. S. B. NO. 575 Page 9
355	559		3. Be eligible for a Privilege to Practice in any Member State
356	560		in accordance with Section 4D, G, and H;
357		-
358	561		4. Have not had any Encumbrance or restriction against any
359	562		license or Privilege to Practice within the previous two (2) years;
360		-
361	563		5. Notify the Commission that the Licensee is seeking the
362	564		Privilege to Practice within a Remote State(s);
363		-
364	565		6. Pay any applicable fees, includi ng any State fee, for the
365	566		Privilege to Practice;
366		-
367	567		7. Meet any Continuing Competence/Education requirement s
368	568		established by the Home State;
369		-
370	569		8. Meet any Jurisprudence Requirements established by t he
371	570		Remote State(s) in which the Licensee is seeking a Privileg e to
372	571		Practice; and
373		-
374	572		9. Report to the Commission any Adverse Action, Encumbrance, or
375	573		restriction on his or her license taken by any non -Member State
376	574		within 30 days from the date the action is taken.
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377	601
378	602		B. The Privilege to Pra ctice is valid until the expiratio n date
379	603		of the Home State license. The Licensee must comply with the
380	604		requirements of Section 4 A to maintain the Privilege to Practice in
381	605		the Remote State.
382		-
383	606		C. A Licensee providing Pro fessional Counseling in a Remote
384	607		State under the Privilege to Practice shall adhere to the laws and
385	608		regulations of the Remote State.
386		-
387	609		D. A Licensee providing Professional Counseling services in a
388	610		Remote State is subject to that State’s regulatory authority. A
389	611		Remote State may, in accordance with due process and that State’s
390	612		laws, remove a Licensee’s Privilege to Practice in the Remote State
391	613		for a specific period of time, impose fines, and/or take any other
392	614		necessary actions to pr otect the health and safety of its cit izens.
393	615		The Licensee may be ineligible for a Privilege to Practice in any
394	616		Member State until the specific time for removal has passed and all
395	617		fines are paid.
396		-
397		-
398		-	ENR. S. B. NO. 575 Page 10
399	618		E. If a Home State license is encumbered, the Licensee shall
400	619		lose the Privilege to Practice in any Remote State until the
401	620		following occur:
402		-
403	621		1. The Home State license is no longer encumbered; and
404		-
405	622		2. The Licensee has not had any Encumbrance or restriction
406	623		against any license or Privilege to Practice within the previous two
407	624		(2) years.
408	625
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409	652		F. Once an Encumbered License in the Home State is resto red to
410	653		good standing, the Licensee must meet the requirements of Section 4A
411	654		to obtain a Privilege to Practice in any Remote State.
412		-
413	655		G. If a Licensee’s Privilege to Practice in any Remote State is
414	656		removed, the individu al may lose the Privilege to Practice in all
415	657		other Remote States until the following occur:
416		-
417	658		1. The specific period of time for which the Privilege to
418	659		Practice was removed has ended;
419		-
420	660		2. All fines have been paid; and
421		-
422	661		3. The Licensee has not had any Encumbrance or restriction
423	662		against any license or Privilege to Practice within the previous two
424	663		(2) years.
425		-
426	664		H. Once the requirements of Section 4 G have been met, the
427	665		Licensee must meet the requirements in Section 4 A to obtain a
428	666		Privilege to Practice in a Remote State.
429		-
430	667		SECTION 5: OBTAINING A NEW HOME S TATE LICENSE BASED ON A
431	668		PRIVILEGE TO PRACTICE
432		-
433	669		A. A Licensed Professional Counselor may hold a Ho me State
434	670		license, which allows for a Privilege to Practice in other Member
435	671		States, in only one Member State at a time.
436		-
437	672		B. If a Licensed Professional Counselor changes primary State
438	673		of residence by moving between two Member States:
439		-
440		-
441		-	ENR. S. B. NO. 575 Page 11
442	674		1. The Licensed Professional Counselor shall file an
443	675		application for obtain ing a new Home State license based on a
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444	703		Privilege to Practice, pay all applicable fees, and notify the
445	704		current and new Home State in accordance with applicable Rules
446	705		adopted by the Commission.
447		-
448	706		2. Upon receipt of an application for obtaining a new Home
449	707		State license by virtue of a Privilege to Practice, the new Home
450	708		State shall verify that the Licensed Professi onal Counselor meets
451	709		the pertinent criteria outlined in Section 4 via the Data System,
452	710		without need for primary source ver ification except for:
453		-
454	711		a. a Federal Bureau of Investigation fingerprint based
455	712		criminal background check if not previously performed
456	713		or updated pursuant to applicable rules adopted by the
457	714		Commission in accordance with Public Law 92 -544;
458		-
459	715		b. other criminal background check as required by the new
460	716		Home State; and
461		-
462	717		c. completion of any requisite Jurisprud ence Requirements
463	718		of the new Home State.
464		-
465	719		3. The former Home State shall convert the former Home State
466	720		license into a Privilege to Practice once the new Home State has
467	721		activated the new Home State license in accordance with applicable
468	722		Rules adopted by the Commission.
469		-
470	723		4. Notwithstanding any other provision of this Compact, if the
471	724		Licensed Professional Counselor cannot meet the criteria in Section
472	725		4, the new Home State may apply its requirements for issuing a new
473	726		Single State License.
474	727
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475	754		5. The Licensed Professional Counselor shall pay all applicable
476	755		fees to the new Home State in order to be issued a new Home State
477	756		license.
478		-
479	757		C. If a Licensed Professional Counselor changes Primary State
480	758		of Residence by moving from a Member State to a non -Member State, or
481	759		from a non-Member State to a Member State, the State criteria shall
482	760		apply for issuance of a Single State License in the new State.
483		-
484		-
485		-	ENR. S. B. NO. 575 Page 12
486	761		D. Nothing in this Compact shall interfere with a Licensee ’s
487	762		ability to hold a Single State License in multiple States, however
488	763		for the purposes of this Compact, a Licensee shall have only one
489	764		Home State license.
490		-
491	765		E. Nothing in this Compact shall affect the requirements
492	766		established by a Member State for the issuance of a Single State
493	767		License.
494		-
495	768		SECTION 6: ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
496		-
497	769		Active Duty Military pe rsonnel, or their spouse, shall designate
498	770		a Home State where the individual has a current license in good
499	771		standing. The individual may retain the Home State designation
500	772		during the period the service member is on ac tive duty. Subsequent
501	773		to designating a Home State, the individual shall only change his or
502	774		her Home State through application for licensure in the new State,
503	775		or through the process outlined i n Section 5.
504		-
505	776		SECTION 7: COMPACT PRIVILEGE TO PRACTICE TELEHEALT H
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506	803
507	804		A. Member States shall recognize the r ight of a Licensed
508	805		Professional Counselor, licensed by a Home State in accordance with
509	806		Section 3 and under Rules promulgated by the Commission, to practice
510	807		Professional Counseling in any Member State via Telehealth under a
511	808		Privilege to Practice as provided in the Compact and Rules
512	809		promulgated by the Commission.
513		-
514	810		B. A Licensee providing Professional Counseling services in a
515	811		Remote State under the Privilege to Practice shall adhere to the
516	812		laws and regulations of the Re mote State.
517		-
518	813		SECTION 8: ADVERSE ACTIONS
519		-
520	814		A. In addition to the other powers conferred by State law, a
521	815		Remote State shall have the authority, in accordance with existing
522	816		State due process law, to:
523		-
524	817		1. Take Adverse Action against a Licensed Professional
525	818		Counselor’s Privilege to Practice within that Member State; and
526		-
527		-
528		-	ENR. S. B. NO. 575 Page 13
529	819		2. Issue subpoenas for both hearings and investigations that
530	820		require the attendance and testimony of witnesses as well as the
531	821		production of evidence. Subpoenas issued by a Licensing Board in a
532	822		Member State for the attendance and testim ony of witnesses or the
533	823		production of evidence from another Member State shall be enforced
534	824		in the latter State by any court of competent jurisdiction,
535	825		according to the practice and procedure of that court applicable to
536	826		subpoenas issued in proceedings pending before it. The issuing
537	827		authority shall pay any witness fees, travel expenses, mileage, and
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538	855		other fees required by the service statutes of the State in which
539	856		the witnesses or evidence are located.
540		-
541	857		3. Only the Home State shall have the power to take Adv erse
542	858		Action against a Licensed Professional Counselor’s license issued by
543	859		the Home State.
544		-
545	860		B. For purposes of taking Adverse Action, the Home State shall
546	861		give the same priority and effect to reported conduct receive d from
547	862		a Member State as it would if the conduct had occurred within the
548	863		Home State. In so doing, the Home State shall apply its own State
549	864		laws to determine appropriate action.
550		-
551	865		C. The Home State shall complete any pending investigations of
552	866		a Licensed Professional Counselor who changes primary S tate of
553	867		residence during the course of the investigations. The Home State
554	868		shall also have the authority to take appropriate action(s) and
555	869		shall promptly report the conclusions of the investigations to the
556	870		administrator of the Data System. The administrator of the
557	871		coordinated licensure information system shall promptly notify the
558	872		new Home State of any Adverse Actions.
559		-
560	873		D. A Member State, if otherwise permi tted by State law, may
561	874		recover from the affected Licensed Professional Counselor the costs
562	875		of investigations and dispositions of cases resulting from any
563	876		Adverse Action taken against that Licensed Professional Counselor.
564	877
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565	904		E. A Member State may t ake Adverse Action based on the factual
566	905		findings of the Remote State, provided that the Member State follows
567	906		its own procedures for taking the Adverse Action.
568		-
569	907		F. Joint Investigations.
570		-
571		-
572		-	ENR. S. B. NO. 575 Page 14
573	908		1. In addition to the authority granted to a Member Stat e by
574	909		its respective Professional Counseling practice act or other
575	910		applicable State law , any Member State may participate with other
576	911		Member States in joint investigations of Licensees.
577		-
578	912		2. Member States shall share any investigative, litigation, or
579	913		compliance materials in furtherance of any joint or individual
580	914		investigation initiated under t he Compact.
581		-
582	915		G. If Adverse Action is take n by the Home State against the
583	916		license of a Licensed Professional Counselor, the Licensed
584	917		Professional Counselor ’s Privilege to Practice in all other Member
585	918		States shall be deactivated until all Encumbrances hav e been removed
586	919		from the State license. All Home State disciplinary orders that
587	920		impose Adverse Action against the license of a Licensed Professional
588	921		Counselor shall include a Statement that the Licensed Professional
589	922		Counselor’s Privilege to Practice is deactivated in all Member
590	923		States during the pendency of the order.
591		-
592	924		H. If a Member State takes Adverse Action, it shall promptly
593	925		notify the administrator of the Data System. The administrator of
594	926		the Data System shall promptly not ify the Home State of any Adverse
595	927		Actions by Remote States.
596	928
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597	955		I. Nothing in this Compact shall override a Member State’s
598	956		decision that participation in an Alternative Program may be used in
599	957		lieu of Adverse Action.
600		-
601	958		SECTION 9: ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
602		-
603	959		A. The Compact Member States hereby create and establish a
604	960		joint public agency known as the Counseling Compact Commission:
605		-
606	961		1. The Commission is an instrumentality of the Compact States.
607		-
608	962		2. Venue is proper and judicial proceedings by or against the
609	963		Commission shall be brought solely and exclusively in a court of
610	964		competent jurisdiction where the principal office of the Commission
611	965		is located. The Commission may waive venue and jurisdictional
612	966		defenses to the extent it adopts or consents to participate in
613	967		alternative dispute resolution proceedings.
614		-
615		-
616		-	ENR. S. B. NO. 575 Page 15
617	968		3. Nothing in this Compact shall be construed to be a waiver of
618	969		sovereign immunity.
619		-
620	970		B. Membership, Voting, and Meetings .
621		-
622	971		1. Each Member State shall have and be limited to one (1)
623	972		delegate selected by that Member State’s Licensing Board.
624		-
625	973		2. The delegate shall be eithe r:
626		-
627	974		a. A current member of the Licensing Board at the time of
628	975		appointment, who is a Licensed Professional Counselor
629	976		or public member; or
630		-
631	977		b. An administrator of the Licensing Board.
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632	1004
633	1005		3. Any delegate may be removed or suspended from office as
634	1006		provided by the law of the State from which the delegate is
635	1007		appointed.
636		-
637	1008		4. The Member State Licensing Board shall fill any vacancy
638	1009		occurring on the Commission within sixty (60) days.
639		-
640	1010		5. Each delegate shall be entitled to one (1) v ote with regard
641	1011		to the promulgation of Rules and creation of bylaws and shall
642	1012		otherwise have an opportunity to participate in the business and
643	1013		affairs of the Commission.
644		-
645	1014		6. A delegate shall vote in person or by such other means as
646	1015		provided in the bylaws. The bylaws may provide for delegates ’
647	1016		participation in meetings by telephone or other means of
648	1017		communication.
649		-
650	1018		7. The Commission shall meet at least once during each calendar
651	1019		year. Additional meetings shall be held as set forth in the bylaws.
652		-
653	1020		8. The Commission shall by Rule establish a term of office for
654	1021		delegates and may by Rule establish term limits.
655		-
656	1022		C. The Commission shall have the following powers and duties:
657		-
658	1023		1. Establish the fiscal year of the Commission;
659		-
660		-	ENR. S. B. NO. 575 Page 16
661		-
662	1024		2. Establish bylaws;
663		-
664	1025		3. Maintain its financial records in accordance with the
665	1026		bylaws;
666		-
667	1027		4. Meet and take such actions as are consistent with the
668	1028		provisions of this Compact and the bylaws;
669	1029
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670	1056		5. Promulgate Rules which shall be binding to the extent and in
671	1057		the manner provided for in the Compact;
672		-
673	1058		6. Bring and prosecute lega l proceedings or actions in the name
674	1059		of the Commission, provided that the standing of any State Licensing
675	1060		Board to sue or be sued under applicable law shall not be affected;
676		-
677	1061		7. Purchase and maintain insurance and bonds;
678		-
679	1062		8. Borrow, accept, or contract for services of pers onnel,
680	1063		including, but not limited to, employees of a Member State;
681		-
682	1064		9. Hire employees, elect or appoint officers, fix compensation,
683	1065		define duties, grant such individuals appropriate authority to carry
684	1066		out the purposes of the Compact, and establish the Commission’s
685	1067		personnel policies and programs relating to conflicts of interest,
686	1068		qualifications of personnel, and other related personnel matters;
687		-
688	1069		10. Accept any and all appropriate donations and grants of
689	1070		money, equipment, supplies, materials, and services, a nd to receive,
690	1071		utilize, and dispose of the same; provided that at all times the
691	1072		Commission shall avoid any appearance of impropriety and/ or conflict
692	1073		of interest;
693		-
694	1074		11. Lease, purchase, accept appropriate gifts or don ations of,
695	1075		or otherwise own, hold, improve, or use, any property, real,
696	1076		personal, or mixed; provided that at all times the Commission shall
697	1077		avoid any appearance of impropriety;
698		-
699	1078		12. Sell, convey, mortgage, pledge, lease, exchange, abandon,
700	1079		or otherwise dispose of any property real, personal, or m ixed;
701	1080
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702	1107		13. Establish a budget and make expenditures;
703		-
704		-	ENR. S. B. NO. 575 Page 17
705		-
706	1108		14. Borrow money;
707		-
708	1109		15. Appoint committees, including standing committees composed
709	1110		of members, State regulators, State legislators or their
710	1111		representatives, consumer representatives, and such other inter ested
711	1112		persons as may be designated in this Compact and the bylaws;
712		-
713	1113		16. Provide and receive information from, and cooperate with,
714	1114		law enforcement agencies;
715		-
716	1115		17. Establish and elect an Executive Committee; and
717		-
718	1116		18. Perform such other functions as may be nec essary or
719	1117		appropriate to achieve the purposes of this Compact consistent with
720	1118		the State regulation of Professional Counseling licensure an d
721	1119		practice.
722		-
723	1120		D. The Executive Committee .
724		-
725	1121		1. The Executive Committee shall ha ve the power to act on
726	1122		behalf of the Commission according to the terms of this Compact.
727		-
728	1123		2. The Executive Committee shall be composed of up to eleven
729	1124		(11) members:
730		-
731	1125		a. Seven voting members who are elected by the Commission
732	1126		from the current membership of the Commission; and
733		-
734	1127		b. Up to four ex-officio, nonvoting members from four
735	1128		recognized national professional counselor
736	1129		organizations.
737	1130
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738	1157		c. The ex-officio members will be selected by their
739	1158		respective organizations.
740		-
741	1159		3. The Commission may remove any member of the E xecutive
742	1160		Committee as provided in bylaws.
743		-
744	1161		4. The Executive Committee shall meet at least annually.
745		-
746		-
747		-	ENR. S. B. NO. 575 Page 18
748	1162		5. The Executive Committee shall have the following duties and
749	1163		responsibilities:
750		-
751	1164		a. Recommend to the entire Commission changes to the
752	1165		Rules or bylaws, changes to this Compact legislation,
753	1166		fees paid by Compact Member States such as annual
754	1167		dues, and any Commission Compact fee charged to
755	1168		Licensees for the Privilege to Practice;
756		-
757	1169		b. Ensure Compact administration services are
758	1170		appropriately provid ed, contractual or otherwise;
759		-
760	1171		c. Prepare and recommend the budget;
761		-
762	1172		d. Maintain financial records on behalf of the
763	1173		Commission;
764		-
765	1174		e. Monitor Compact compliance of Member States and
766	1175		provide compliance reports to the Commission;
767		-
768	1176		f. Establish additional committ ees as necessary; an d
769		-
770	1177		g. Other duties as provided in Rules or bylaws.
771		-
772	1178		E. Meetings of the Commission.
	1179	+
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773	1205
774	1206		1. All meetings shall be open to the public, and public notice
775	1207		of meetings shall be given in the same manner as required under the
776	1208		Rulemaking provisions in Section 11.
777		-
778	1209		2. The Commission or the Executive Committee or other
779	1210		committees of the Commission may convene in a closed, non-public
780	1211		meeting if the Commission or Executive Committee or other committees
781	1212		of the Commission must discuss:
782		-
783	1213		a. Non-compliance of a Member State with its obligations
784	1214		under the Compact;
785		-
786	1215		b. The employment, compensation, discipline or other
787	1216		matters, practices or procedures related to specific
788	1217		employees, or other matters related to the
789		-
790		-	ENR. S. B. NO. 575 Page 19
791	1218		Commission’s internal personnel practices and
792	1219		procedures;
793		-
794	1220		c. Current, threatened, or reasonably anticipated
795	1221		litigation;
796		-
797	1222		d. Negotiation of contracts for the purchase, lease, or
798	1223		sale of goods, services, or real estate;
799		-
800	1224		e. Accusing any person of a crime or formally censuring
801	1225		any person;
802		-
803	1226		f. Disclosure of trade secrets or commerci al or financial
804	1227		information that is privi leged or confidential;
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805	1254
806	1255		g. Disclosure of information of a personal nature where
807	1256		disclosure would constitute a clearly unwarranted
808	1257		invasion of personal privacy;
809		-
810	1258		h. Disclosure of investigative records compiled for law
811	1259		enforcement purposes;
812		-
813	1260		i. Disclosure of information related to any investigative
814	1261		reports prepared by or on behalf of or for use of the
815	1262		Commission or other committee charged with
816	1263		responsibility of investigation or determination of
817	1264		compliance issues pursuant to the Compact; or
818		-
819	1265		j. Matters specifically exempted from disclosure by
820	1266		federal or Member State statute.
821		-
822	1267		3. If a meeting, or portion of a meeting, is closed pursuant to
823	1268		this provision, the Commission’s legal counsel or designee shall
824	1269		certify that the meeti ng may be closed and shall reference each
825	1270		relevant exempting provision.
826		-
827	1271		4. The Commission shall keep minutes that fully and clearly
828	1272		describe all matters discussed in a meeting and shall provide a full
829	1273		and accurate summary of actions taken, and the reasons therefore,
830	1274		including a description of th e views expressed. All documents
831	1275		considered in connection with an action shall be identified in such
832	1276		minutes. All minutes and documents of a closed meeting shall remain
833		-
834		-	ENR. S. B. NO. 575 Page 20
835	1277		under seal, subject to release by a majority vote of the Commission
836	1278		or order of a court of competent jurisdiction.
837	1279
	1280	+	SB575 HFLR Page 26
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838	1306		F. Financing of the Commission.
839		-
840	1307		1. The Commission shall pay, or provide for the payment of, the
841	1308		reasonable expenses of its establishment, organization, and ongoing
842	1309		activities.
843		-
844	1310		2. The Commission may accept any and all approp riate revenue
845	1311		sources, donations, and grants of money, equipment, supplies,
846	1312		materials, and services.
847		-
848	1313		3. The Commission may levy on and collect an annual assessment
849	1314		from each Member State or impose fees on other par ties to cover the
850	1315		cost of the operations and activities of the Commission and its
851	1316		staff, which must be in a total amount sufficient to cover its
852	1317		annual budget as approved each year for which revenue is not
853	1318		provided by other sources. The aggregate annual a ssessment amount
854	1319		shall be allocated based upon a formula to be determined by the
855	1320		Commission, which shall promulgate a Rule binding upon all Member
856	1321		States.
857		-
858	1322		4. The Commission shall not incur obligations of any kind prior
859	1323		to securing the funds adequate to me et the same; nor shall the
860	1324		Commission pledge the credit of any of the Member States, except by
861	1325		and with the authority of the Member State.
862		-
863	1326		5. The Commission shall keep accurate accounts of all receipts
864	1327		and disbursements. The receipts and disbursements of the Commission
865	1328		shall be subject to the a udit and accounting procedures established
866	1329		under its bylaws. However, all receipts and disbursements of funds
	1330	+
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867	1357		handled by the Commission shall be audited yearly by a certified or
868	1358		licensed public accountant, and the report of the audit shall be
869	1359		included in and become part of the annual report of the Commission.
870		-
871	1360		G. Qualified Immunity, Defense, and Indemnification .
872		-
873	1361		1. The members, officers , executive director, employees , and
874	1362		representatives of the Commission shall be immune from suit and
875	1363		liability, either pe rsonally or in their official capacity, for any
876	1364		claim for damage to or loss of property or personal injury or other
877		-
878		-	ENR. S. B. NO. 575 Page 21
879	1365		civil liability caus ed by or arising out of any actual or alleged
880	1366		act, error, or omission that occu rred, or that the person against
881	1367		whom the claim is made had a reasonable basis for believing occurred
882	1368		within the scope of Commission employment, duties , or
883	1369		responsibilities; provi ded that nothing in this paragraph shall be
884	1370		construed to protect any such per son from suit and/or liability for
885	1371		any damage, loss, injury, or liability caused by the intentional or
886	1372		willful or wanton misconduct of that person.
887		-
888	1373		2. The Commission shall defen d any member, officer, executive
889	1374		director, employee, or representative of the Commission in any civil
890	1375		action seeking to impose liability arising out of any actual or
891	1376		alleged act, error, or omission that occurred within the scope of
892	1377		Commission employment, du ties, or responsibilities, or that the
893	1378		person against whom the claim is made had a reasonable basis for
894	1379		believing occurred within the scope of Commission employment,
895	1380		duties, or responsibilities; provided that nothing herein shall be
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896	1408		construed to prohibit t hat person from retaining his or her own
897	1409		counsel; and provided further, that the actual or alleged act,
898	1410		error, or omission did not result from that person’s intentional or
899	1411		willful or wanton misconduct.
900		-
901	1412		3. The Commission shall indemnify and hold harmless an y member,
902	1413		officer, executive director, employee, or representative of the
903	1414		Commission for the amount of any settlement or judgment obtained
904	1415		against that person arising out of any actual or alleged act, error,
905	1416		or omission that occurred within the scope of Co mmission employment,
906	1417		duties, or responsibilities, or that such person had a reasonable
907	1418		basis for believing occurred w ithin the scope of Commission
908	1419		employment, duties, or responsibilities, provided that the actual or
909	1420		alleged act, error, or omission did not result from the intentional
910	1421		or willful or wanton misconduct of that person.
911		-
912	1422		SECTION 10: DATA SYSTEM
913		-
914	1423		A. The Commission shall provide for the development,
915	1424		maintenance, operation, and utilization of a coordinated database
916	1425		and reporting system containing licensure, Adverse Action, and
917	1426		Investigative Information on all licensed indivi duals in Member
918	1427		States.
919		-
920		-
921		-	ENR. S. B. NO. 575 Page 22
922	1428		B. Notwithstanding any other provision of State law to the
923	1429		contrary, a Member State shall submit a uniform data set to the Data
924	1430		System on all individuals to whom this Compact is applicable as
925	1431		required by the Rules of the Commission , including:
926	1432
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927	1459		1. Identifying information;
928		-
929	1460		2. Licensure data;
930		-
931	1461		3. Adverse Actions against a license or Privilege to Practice;
932		-
933	1462		4. Non-confidential information related to Alternative Program
934	1463		participation;
935		-
936	1464		5. Any denial of application for licensure, and th e reason(s)
937	1465		for such denial;
938		-
939	1466		6. Current Significant Investigative Information; and
940		-
941	1467		7. Other information that may facilitate the administration of
942	1468		this Compact, as determined by the Rules of the Commission.
943		-
944	1469		C. Investigative Information pertaining to a Li censee in any
945	1470		Member State will only be available to other Member States.
946		-
947	1471		D. The Commission shall promptly notify all Member States of
948	1472		any Adverse Action taken against a Licensee or an individual
949	1473		applying for a license. Adverse Action information pertain ing to a
950	1474		Licensee in any Member S tate will be available to any other Member
951	1475		State.
952		-
953	1476		E. Member States contributing information to the Data System
954	1477		may designate information that may not be shared with the public
955	1478		without the express permission of the contribu ting State.
956		-
957	1479		F. Any information submitted to the Data System that is
958	1480		subsequently required to be expunged by the laws of the Member State
959	1481		contributing the information shall be removed from the Data System.
960		-
961	1482		SECTION 11: RULEMAKING
962	1483
963		-
964		-	ENR. S. B. NO. 575 Page 23
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965	1510		A. The Commission shall p romulgate reasonable Rules in order to
966	1511		effectively and efficiently achieve the purpose of the Compact.
967	1512		Notwithstanding the foregoing, in the event the Commission exercises
968	1513		its Rulemaking authority in a manner that is beyond the scope of the
969	1514		purposes of the Compact, or the powers granted hereunde r, then such
970	1515		an action by the Commission shall be invalid and have no force or
971	1516		effect.
972		-
973	1517		B. The Commission shall exercise its Rulemaking powers pursuant
974	1518		to the criteria set forth in this Section and the Rules adopted
975	1519		thereunder. Rules and amendments shall become binding as of the
976	1520		date specified in each Rule or amendment.
977		-
978	1521		C. If a majority of the legislatures of the Member States
979	1522		rejects a Rule, by enactment of a statute or resolution in the same
980	1523		manner used to adopt the Compact within four (4) years of the date
981	1524		of adoption of the Rule, then such Rule shall have no further force
982	1525		and effect in any Member State.
983		-
984	1526		D. Rules or amendments to the Rules shall be adopted at a
985	1527		regular or special meeting of the Commission.
986		-
987	1528		E. Prior to promulgation and adoption of a final Rule or Rules
988	1529		by the Commission, and at least thirty (30) days in advance of the
989	1530		meeting at which the Rule will be considered and voted upon, the
990	1531		Commission shall file a Notice of Proposed Rulemaking:
991		-
992	1532		1. On the website of the Commission or other p ublicly
993	1533		accessible platform; and
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994	1560
995	1561		2. On the website of each Member State Professional Counseling
996	1562		Licensing Board or other publicly accessible platform or the
997	1563		publication in which each State would otherwise publish propo sed
998	1564		Rules.
999		-
1000	1565		F. The Notice of Proposed Rulemaking shall include:
1001		-
1002	1566		1. The proposed time, date, and location of the meeting in
1003	1567		which the Rule will be considered and voted upon;
1004		-
1005	1568		2. The text of the proposed Rule or amendment and the reason
1006	1569		for the proposed Rul e;
1007		-
1008		-	ENR. S. B. NO. 575 Page 24
1009		-
1010	1570		3. A request for comments on the pr oposed Rule from any
1011	1571		interested person; and
1012		-
1013	1572		4. The manner in which interested persons may submit notice to
1014	1573		the Commission of their intention to attend the public hearing and
1015	1574		any written comments.
1016		-
1017	1575		G. Prior to adoption of a proposed Rule, the Commission sha ll
1018	1576		allow persons to submit written data, facts, opinions, and
1019	1577		arguments, which shall be made available to the public.
1020		-
1021	1578		H. The Commission shall grant an opportunity for a public
1022	1579		hearing before it adopts a Rule or amen dment if a hearing is
1023	1580		requested by:
1024		-
1025	1581		1. At least twenty-five (25) persons;
1026		-
1027	1582		2. A State or federal governmental subdivision or agency; or
1028		-
1029	1583		3. An association having at least twenty -five (25) members.
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1030	1610
1031	1611		I. If a hearing is held on the proposed Rule or amendment , the
1032	1612		Commission shall publ ish the place, time, and date of the scheduled
1033	1613		public hearing. If the hearing is held via electronic means, the
1034	1614		Commission shall publish the mechanism for access to the electronic
1035	1615		hearing.
1036		-
1037	1616		1. All persons wishing to be heard at the hearing shall notify
1038	1617		the executive director of the Commission or other designated member
1039	1618		in writing of their desire to appear and testify at the hearing not
1040	1619		less than five (5) business days before the scheduled date of the
1041	1620		hearing.
1042		-
1043	1621		2. Hearings shall be conducted in a manner providing each
1044	1622		person who wishes to comment a fair and reasonable opportunity to
1045	1623		comment orally or in writing.
1046		-
1047	1624		3. All hearings will be recorded. A copy of the recording will
1048	1625		be made available on request.
1049		-
1050		-
1051		-	ENR. S. B. NO. 575 Page 25
1052	1626		4. Nothing in this Section shall be construed as requiring a
1053	1627		separate hearing on each Rule. Rules may be grouped for the
1054	1628		convenience of the Commission at hearings required by this Section.
1055		-
1056	1629		J. Following the scheduled hearing date, or by the close of
1057	1630		business on the scheduled hear ing date if the hearing was not held,
1058	1631		the Commission shall consider all written and oral comments
1059	1632		received.
1060	1633
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1061	1660		K. If no written notice of intent to attend t he public hearing
1062	1661		by interested parties is received, the Commission may proceed with
1063	1662		promulgation of the proposed Rule without a public hearing .
1064		-
1065	1663		L. The Commission shall, by majority vote of all members, take
1066	1664		final action on the proposed Rule and shall dete rmine the effective
1067	1665		date of the Rule, if any, based on the Rulemaking record and the
1068	1666		full text of the Rule.
1069		-
1070	1667		M. Upon determination that an eme rgency exists, the Commission
1071	1668		may consider and adopt an emergency Rule without prior notice,
1072	1669		opportunity for commen t, or hearing, provided that the usual
1073	1670		Rulemaking procedures provided in the Compact and in this Section
1074	1671		shall be retroactively applied to th e Rule as soon as reasonably
1075	1672		possible, in no event later than ninety (90) days after the
1076	1673		effective date of the Rule . For the purposes of this provision, an
1077	1674		emergency Rule is one that must be adopted immediately in order to:
1078		-
1079	1675		1. Meet an imminent threat to public health, safety, or
1080	1676		welfare;
1081		-
1082	1677		2. Prevent a loss of Commission or Member State funds;
1083		-
1084	1678		3. Meet a deadline for the promulgation of an administrative
1085	1679		Rule that is established by federal law or Rule; or
1086		-
1087	1680		4. Protect public health and safety.
1088		-
1089	1681		N. The Commission or an authorized committee of the Commission
1090	1682		may direct revisions to a previously adopted Rule or amendment for
1091	1683		purposes of correcting typographical errors, errors in format,
	1684	+
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1092	1711		errors in consistency, or grammati cal errors. Public notice of any
1093	1712		revisions shall be posted on the website of the Commission. The
1094		-
1095		-	ENR. S. B. NO. 575 Page 26
1096	1713		revision shall be subject to challenge by any person for a period of
1097	1714		thirty (30) days after posting. The revision may be challenged only
1098	1715		on grounds that the revision results in a material change to a Rule.
1099	1716		A challenge shall be made in writing and delivered to the chair of
1100	1717		the Commission prior to the end of the notice period. If no
1101	1718		challenge is made, the revision will take effect without further
1102	1719		action. If the revision is challenged, the revision may not take
1103	1720		effect without the approval of the Commission.
1104		-
1105	1721		SECTION 12: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1106		-
1107	1722		A. Oversight.
1108		-
1109	1723		1. The executive, legislative, and judicial branches of State
1110	1724		government in each Member State shall enforce this Compact and take
1111	1725		all actions necessary and appropriate to effectuate the Compact’s
1112	1726		purposes and intent. The provisions of this Compact and the Rules
1113	1727		promulgated hereunder shall have standing as statutory law.
1114		-
1115	1728		2. All courts shall take judicial notice of the Comp act and the
1116	1729		Rules in any judicial or administrative proceeding in a Member State
1117	1730		pertaining to the subject matter of this Compact which may affect
1118	1731		the powers, responsibilities, or actions of the Commissio n.
1119		-
1120	1732		3. The Commission shall be entitled to receive s ervice of
1121	1733		process in any such proceeding and shall have standing to intervene
1122	1734		in such a proceeding for all purposes. Failure to provide service
	1735	+
	1736	+	SB575 HFLR Page 35
	1737	+	BOLD FACE denotes Committee Amendments. 1
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1123	1762		of process to the Commission shall render a judgment or order void
1124	1763		as to the Commission, this Compact, or promu lgated Rules.
1125		-
1126	1764		B. Default, Technical Assistance, and Termination.
1127		-
1128	1765		1. If the Commission determines that a Member State has
1129	1766		defaulted in the performance of its obligations or responsibilities
1130	1767		under this Compact or the promulgated Rules, the Commission shall :
1131		-
1132	1768		a. Provide written notice to the defaulting State and
1133	1769		other Member States of the nature of the default, the
1134	1770		proposed means of curing the default , and/or any other
1135	1771		action to be taken by the Commission; and
1136		-
1137		-
1138		-	ENR. S. B. NO. 575 Page 27
1139	1772		b. Provide remedial training and specific technic al
1140	1773		assistance regarding the default.
1141		-
1142	1774		C. If a State in default fails to cure the default, the
1143	1775		defaulting State may be terminated from the Compact upon an
1144	1776		affirmative vote of a majority of the Member States, and all rights,
1145	1777		privileges, and benefits conferre d by this Compact may be terminated
1146	1778		on the effective date of termination. A cure of the default does
1147	1779		not relieve the offending State of obligations or liabilities
1148	1780		incurred during the period of default.
1149		-
1150	1781		D. Termination of membership in the Compact shall be imposed
1151	1782		only after all other means of securing compliance have been
1152	1783		exhausted. Notice of intent to suspend or terminate shall be given
1153	1784		by the Commission to the governor, the majority and minority leaders
	1785	+
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1154	1812		of the defaulting State’s legislature, and each of the Member
1155	1813		States.
1156		-
1157	1814		E. A State that has been terminated is responsible for all
1158	1815		assessments, obligations, and liabilities incurred through the
1159	1816		effective date of termination, including obligations that extend
1160	1817		beyond the effective date of termination.
1161		-
1162	1818		F. The Commission shall not bear any costs related to a State
1163	1819		that is found to be in default or that has been terminated from the
1164	1820		Compact, unless agreed upon in writing between the Commission and
1165	1821		the defaulting State.
1166		-
1167	1822		G. The defaulting State may appeal the act ion of the Commission
1168	1823		by petitioning the United States District Court for the District of
1169	1824		Columbia or the federal district where the Commission has its
1170	1825		principal offices. The prevailing member shall be awarded all costs
1171	1826		of such litigation, including reaso nable attorney’s fees.
1172		-
1173	1827		H. Dispute Resolution.
1174		-
1175	1828		1. Upon request by a Member State, the Commission shall attempt
1176	1829		to resolve disputes related to the Compact that arise among Member
1177	1830		States and between member and non -Member States.
1178		-
1179		-
1180		-	ENR. S. B. NO. 575 Page 28
1181	1831		2. The Commission shall pro mulgate a Rule providi ng for both
1182	1832		mediation and binding dispute resolution for disputes as
1183	1833		appropriate.
1184		-
1185	1834		I. Enforcement.
	1835	+
	1836	+	SB575 HFLR Page 37
	1837	+	BOLD FACE denotes Committee Amendments. 1
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1186	1861
1187	1862		1. The Commission, in the reasonable exercise of its
1188	1863		discretion, shall enforce the provisions and Rules of this Compact.
1189		-
1190	1864		2. By majority vote, the Commissio n may initiate legal action
1191	1865		in the United States District Court for the District of Columbia or
1192	1866		the federal district where the Commission has its principal offices
1193	1867		against a Member State in def ault to enforce compliance with the
1194	1868		provisions of the Compact a nd its promulgated Rules and bylaws. The
1195	1869		relief sought may include both injunctive relief and damages. In
1196	1870		the event judicial enforcement is necessary, the prevailing member
1197	1871		shall be awarded all costs of such litigation, including re asonable
1198	1872		attorney’s fees.
1199		-
1200	1873		3. The remedies herein shall not be the exclusive remedies of
1201	1874		the Commission. The Commission may pursue any other remedi es
1202	1875		available under federal or State law.
1203		-
1204	1876		SECTION 13: DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT
1205	1877		COMMISSION AND ASSOCIATED R ULES, WITHDRAWAL, AND AMENDMENT
1206		-
1207	1878		A. The Compact shall come into effe ct on the date on which the
1208	1879		Compact statute is enacted into law in the tenth Member State. The
1209	1880		provisions, which become effe ctive at that time, shall be limited to
1210	1881		the powers granted to t he Commission relating to assembly and the
1211	1882		promulgation of Rules. Thereafter, the Commission shall meet and
1212	1883		exercise Rulemaking powers necessary to the implementation and
1213	1884		administration of the Compact.
1214	1885
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	1887	+	BOLD FACE denotes Committee Amendments. 1
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	1911	+
1215	1912		B. Any State that joins the Co mpact subsequent to th e
1216	1913		Commission’s initial adoption of the Rules shall be subject to the
1217	1914		Rules as they exist on the date on which the Compact becomes law in
1218	1915		that State. Any Rule that has been previously adopted b y the
1219	1916		Commission shall have the full forc e and effect of law on the day
1220	1917		the Compact becomes law in that State.
1221		-
1222		-
1223		-	ENR. S. B. NO. 575 Page 29
1224	1918		C. Any Member State may withdraw from this Compact by enacting
1225	1919		a statute repealing the same.
1226		-
1227	1920		1. A Member State’s withdrawal shall not take effect until six
1228	1921		(6) months after enactment o f the repealing statut e.
1229		-
1230	1922		2. Withdrawal shall not affect the continuing requirement of
1231	1923		the withdrawing State’s Professional Counseling Licensing Board to
1232	1924		comply with the investigative and Adverse Action reporting
1233	1925		requirements of this act prior to t he effective date of withdrawa l.
1234		-
1235	1926		D. Nothing contained in this Compact shall be construed to
1236	1927		invalidate or prevent any Professional Counseling licensure
1237	1928		agreement or other cooperative arrangement between a Member State
1238	1929		and a non-Member State that does not c onflict with the provisions o f
1239	1930		this Compact.
1240		-
1241	1931		E. This Compact may be amended by the Member States . No
1242	1932		amendment to this Compact shall become effective and binding upon
1243	1933		any Member State until it is enacted into the laws of all Member
1244	1934		States.
1245		-
1246	1935		SECTION 14: CONSTRUCTION AND SEVERABILITY
	1936	+
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1247	1962
1248	1963		This Compact shall be liberally construed so as to effectuate
1249	1964		the purposes thereof. The provisions of this Compact shall be
1250	1965		severable and if any phrase, clau se, sentence, or provision of this
1251	1966		Compact is declared to be contrary to the Constitution of any M ember
1252	1967		State or of the United States or the applicability thereof to a ny
1253	1968		government, agency, person, or circumstance is held invalid, the
1254	1969		validity of the remaind er of this Compact and the applic ability
1255	1970		thereof to any government, agency , person or circumstan ce shall not
1256	1971		be affected thereby. If this Compact shall be held contr ary to the
1257	1972		Constitution of any Member State, the Compact shall remain in full
1258	1973		force and effect as to the remaining Member S tates and in full force
1259	1974		and effect as to the Member State affec ted as to all severable
1260	1975		matters.
1261		-
1262	1976		SECTION 15: BINDING EFFECT OF COMPAC T AND OTHER LAWS
1263		-
1264	1977		A. A Licensee providing Professional Counseling services in a
1265	1978		Remote State under the Privilege to Practic e shall adhere to the
1266		-
1267		-	ENR. S. B. NO. 575 Page 30
1268	1979		laws and regulations, including scope of practice, of the Remote
1269	1980		State.
1270		-
1271	1981		B. Nothing herein prevents the enforce ment of any other law of
1272	1982		a Member State that is not inconsistent with the Compact.
1273		-
1274	1983		C. Any laws in a Member State in confli ct with the Compact are
1275	1984		superseded to the extent of the conflic t.
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1276	2011
1277	2012		D. Any lawful actions of the Commission, including all Rules
1278	2013		and bylaws properly promul gated by the Commission, are binding upon
1279	2014		the Member States.
1280		-
1281	2015		E. All permissible agreements between th e Commission and the
1282	2016		Member States are bi nding in accordance wi th their terms.
1283		-
1284	2017		F. In the event any provision of the Compact exceeds the
1285	2018		constitutional limits imposed on the legislature of any Member
1286	2019		State, the provision shall be ineffective to the extent of the
1287	2020		conflict with the constitutional p rovision in question i n that
1288	2021		Member State.
1289		-
1290	2022		SECTION 4. This act shall become effective November 1 , 2023.
1291	2023
1292		-
1293		-	ENR. S. B. NO. 575 Page 31
1294		-	Passed the Senate the 21st day of March, 2023.
1295		-
1296		-
1297		-
1298		-	Presiding Officer of the Senate
1299		-
1300		-
1301		-	Passed the House of Representatives th e 20th day of April, 2023.
1302		-
1303		-
1304		-
1305		-	Presiding Officer of the House
1306		-	of Representatives
1307		-
1308		-	OFFICE OF THE GOVERNOR
1309		-	Received by the Office of the Governor this _______ _____________
1310		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
1311		-	By: _______________________________ __
1312		-	Approved by the Governor of the State of Oklahoma this _____ ____
1313		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
1314		-
1315		-	_________________________________
1316		-	Governor of the State of Oklahoma
1317		-
1318		-
1319		-	OFFICE OF THE SECRETARY OF STATE
1320		-	Received by the Office of the Secretary of State this _______ ___
1321		-	day of __________________, 20 _______, at _______ o'clock _______ M.
1322		-	By: _______________________________ __
	2024	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/13/2023 -
	2025	+	DO PASS.