OK
Oklahoma House Bill HB2723

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2723 Compare Versions

OldNewDifferences
11
22
3-ENGR. H. B. NO. 2723 Page 1 1
4-2
5-3
6-4
7-5
8-6
9-7
10-8
11-9
12-10
13-11
14-12
15-13
16-14
17-15
18-16
19-17
20-18
21-19
22-20
23-21
24-22
25-23
26-24
27-
28-ENGROSSED HOUSE
29-BILL NO. 2723 By: Hefner and Waldron of the
30-House
31-
32- and
33-
34- Kirt of the Senate
35-
36-
37-
38-
3+HB2723 HFLR Page 1
4+BOLD FACE denotes Committee Amendments. 1
5+2
6+3
7+4
8+5
9+6
10+7
11+8
12+9
13+10
14+11
15+12
16+13
17+14
18+15
19+16
20+17
21+18
22+19
23+20
24+21
25+22
26+23
27+24
28+
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 59th Legislature (2023)
34+
35+HOUSE BILL 2723 By: Hefner
36+
37+
38+
39+
40+
41+AS INTRODUCED
3942
4043 An Act relating to mental health; creating the
4144 Interstate Licensed Professional Counselors Compact;
4245 stating purpose; providing definition s; providing
4346 requirements for state participation in the Co mpact;
4447 providing requirements for licensee to participate in
45-the compact; providing requirements for licensee to
48+Compact; providing requirements for licensee to
4649 obtain a new home state license based on
4750 participation in Compact; providing for active duty
4851 military and their spouse ; providing for Compact
4952 privilege to practice telehealth; establishing
50-Counseling Compact Commission; providing for adverse
51-actions; prescribing procedures; providing
52-requirements for Commission; authorizing actions by
53-Commission; prescribing procedures; providing for
54-data system; providing for rulemaking authority
55-prescribing procedures for rulemaking; providing for
56-oversight, dispute re solution, and enforcement;
57-providing for implementation date and associated
58-rules; providing for withdrawal; providing for
59-amendments; providing for construction and
60-severability; providing for binding effect of compact
61-and effect of other laws; providing for codific ation;
62-and providing an effective date.
53+Counseling Compact Commission; providing requirements
54+for Commission; providing rules; providing for
55+codification; and providing an effective date.
6356
6457
6558
6659
6760
6861 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6962 SECTION 1. NEW LAW A new section of law to be codified
7063 in the Oklahoma Statutes as Section 6-220 of Title 43A, unless there
7164 is created a duplication in numbering, reads as f ollows:
72-
73-ENGR. H. B. NO. 2723 Page 2 1
74-2
75-3
76-4
77-5
78-6
79-7
80-8
81-9
82-10
83-11
84-12
85-13
86-14
87-15
88-16
89-17
90-18
91-19
92-20
93-21
94-22
95-23
96-24
97-
9865 Interstate Licensed Professional Counselors Compact
9966 ARTICLE I
10067 Purpose
68+
69+HB2723 HFLR Page 2
70+BOLD FACE denotes Committee Amendments. 1
71+2
72+3
73+4
74+5
75+6
76+7
77+8
78+9
79+10
80+11
81+12
82+13
83+14
84+15
85+16
86+17
87+18
88+19
89+20
90+21
91+22
92+23
93+24
94+
10195 The purpose of this compact is to facilitate interstate practice
10296 of licensed professional counselors wi th the goal of improving
10397 public access to professional counseling services. The practice of
10498 professional counseling occurs in the state where the client is
10599 located at the time of the counseling services. The compact
106100 preserves the regulatory authority of states to protect public
107101 health and safety through the current system of st ate licensure.
108102 This compact is designed to achieve the following objectives:
109103 1. Increase public access to professional counseling services
110104 by providing for the mutual recognitio n of other member state
111105 licenses;
112106 2. Enhance the states' ability to protect the public's health
113107 and safety;
114108 3. Encourage the cooperation of member states in regulating
115109 multistate practice for licensed professional counselors;
116110 4. Support spouses of relocating active duty military
117111 personnel;
118112 5. Enhance the exchange of licensure, investigative, and
119113 disciplinary information among member states;
120114 6. Allow for the use of telehealth technology to facilitate
121115 increased access to professional counseling ser vices;
122-
123-ENGR. H. B. NO. 2723 Page 3 1
124-2
125-3
126-4
127-5
128-6
129-7
130-8
131-9
132-10
133-11
134-12
135-13
136-14
137-15
138-16
139-17
140-18
141-19
142-20
143-21
144-22
145-23
146-24
147-
148116 7. Support the uniformity of professional counseling licensure
149117 requirements throughout the states to promote public safety and
150118 public health benefits;
119+
120+HB2723 HFLR Page 3
121+BOLD FACE denotes Committee Amendments. 1
122+2
123+3
124+4
125+5
126+6
127+7
128+8
129+9
130+10
131+11
132+12
133+13
134+14
135+15
136+16
137+17
138+18
139+19
140+20
141+21
142+22
143+23
144+24
145+
151146 8. Invest all member states with the authority to hold a
152147 licensed professional counselor accou ntable for meeting all state
153148 practice laws in the state in which the client is locate d at the
154149 time care is rendered through the mutual recognition of member state
155150 licenses;
156151 9. Eliminate the necessity for licenses in multiple states; and
157152 10. Provide opportunities for interstate practice by license d
158153 professional counselors who meet uniform licensure requirements.
159154 SECTION 2. NEW LAW A new se ction of law to be codified
160155 in the Oklahoma Statutes as Section 6-221 of Title 43A, unless there
161156 is created a duplication in numbering, re ads as follows:
162157 ARTICLE II
163158 Definitions
164159 As used in this compact, and except as otherwise provided, the
165160 following definitions shall apply:
166161 1. "Active duty military" means full-time duty status in the
167162 active uniformed serv ice of the United States, including members of
168163 the National Guard and Reserve on active duty orders pursuant to 10
169164 U.S.C., Chapters 1209 and 1211;
170165 2. "Adverse action" means any administrative, civil, equitable,
171166 or criminal action permitted by a state 's laws which is imposed by a
172-
173-ENGR. H. B. NO. 2723 Page 4 1
174-2
175-3
176-4
177-5
178-6
179-7
180-8
181-9
182-10
183-11
184-12
185-13
186-14
187-15
188-16
189-17
190-18
191-19
192-20
193-21
194-22
195-23
196-24
197-
198167 licensing board or other authority against a licensed professional
199168 counselor, including actions against an individu al's license or
200169 privilege to practice such as revocation, suspension, probation,
170+
171+HB2723 HFLR Page 4
172+BOLD FACE denotes Committee Amendments. 1
173+2
174+3
175+4
176+5
177+6
178+7
179+8
180+9
181+10
182+11
183+12
184+13
185+14
186+15
187+16
188+17
189+18
190+19
191+20
192+21
193+22
194+23
195+24
196+
201197 monitoring of the licensee, limitation on the licensee's practice,
202198 or any other encumbrance on licensure affecting a licensed
203199 professional counselor 's authorization to practic e, including
204200 issuance of a cease and desist action ;
205201 3. "Alternative program" means a nondisciplinary monitoring or
206202 practice remediation process approve d by a professional counseling
207203 licensing board to address impaired practitioners;
208204 4. "Continuing competence/education " means a requirement, as a
209205 condition of license r enewal, to provide evidence of participation
210206 in, or completion of, educational and professional activities
211207 relevant to practice or area of work;
212208 5. "Counseling Compact Commission" or "Commission" means the
213209 national administrative body whose members hip consists of all states
214210 that have enacted the compact ;
215211 6. "Current significant investigativ e information" means:
216212 a. investigative information that a licensing board,
217213 after a preliminary inquiry which includes
218214 notification and an opportunity for the licensed
219215 professional counselor to respond, if required by
220216 state law, has reason to believe is not groundless
221-
222-ENGR. H. B. NO. 2723 Page 5 1
223-2
224-3
225-4
226-5
227-6
228-7
229-8
230-9
231-10
232-11
233-12
234-13
235-14
236-15
237-16
238-17
239-18
240-19
241-20
242-21
243-22
244-23
245-24
246-
247217 and, if proved true, would ind icate more than a minor
248218 infraction, or
249219 b. investigative information that indicates that the
250220 licensed professiona l counselor represents an
221+
222+HB2723 HFLR Page 5
223+BOLD FACE denotes Committee Amendments. 1
224+2
225+3
226+4
227+5
228+6
229+7
230+8
231+9
232+10
233+11
234+12
235+13
236+14
237+15
238+16
239+17
240+18
241+19
242+20
243+21
244+22
245+23
246+24
247+
251248 immediate threat to public health and safety
252249 regardless of whether the licen sed professional
253250 counselor has been notifi ed and had an opportunity to
254251 respond;
255252 7. "Data system" means a repository of information about
256253 licensees, including, but not limited to, continuing education,
257254 examination, licensure, investigative, privilege to practice, and
258255 adverse action information;
259256 8. "Encumbered license" means a license in w hich an adverse
260257 action restricts the practice of licensed profes sional counseling by
261258 the licensee and said adverse action has been reported to the
262259 national practitioners data bank;
263260 9. "Encumbrance" means a revocation or suspension of, or any
264261 limitation on, the full and unrestricted practice of licensed
265262 professional counseling by a licensi ng board;
266263 10. "Executive committee" means a group of directors elected or
267264 appointed to act on behalf of, and within the powers granted to them
268265 by, the commission;
269266 11. "Home state" means the member state that is the licensee's
270267 primary state of residence ;
271-
272-ENGR. H. B. NO. 2723 Page 6 1
273-2
274-3
275-4
276-5
277-6
278-7
279-8
280-9
281-10
282-11
283-12
284-13
285-14
286-15
287-16
288-17
289-18
290-19
291-20
292-21
293-22
294-23
295-24
296-
297268 12. "Impaired practitioner " means an individual who has a
298269 condition that may impair his or her ability to practice as a
299270 licensed professional counselor without some type of intervention
271+
272+HB2723 HFLR Page 6
273+BOLD FACE denotes Committee Amendments. 1
274+2
275+3
276+4
277+5
278+6
279+7
280+8
281+9
282+10
283+11
284+12
285+13
286+14
287+15
288+16
289+17
290+18
291+19
292+20
293+21
294+22
295+23
296+24
297+
300298 and may include, but is not limit ed to, alcohol and drug depen dence,
301299 mental health impairment, and neurological or physical impairments;
302300 13. "Investigative information" means information, records, and
303301 documents received or generated by a professional counseling
304302 licensing board pursuant to an investigation;
305303 14. "Jurisprudence requirement ", if required by a member state,
306304 means the assessment of an indi vidual's knowledge of the laws and
307305 rules governing the practice of p rofessional counseling in a state;
308306 15. "Licensed professional cou nselor" means a counselor
309307 licensed by a member state, regardless of the title used by that
310308 state, to independently assess, diagn ose, and treat behavioral
311309 health conditions;
312310 16. "Licensee" means an individual who currently holds an
313311 authorization from th e state to practice as a licensed professional
314312 counselor;
315313 17. "Licensing board" means the agency of a state, or
316314 equivalent, that is responsible for the licensing and regulation of
317315 licensed professional counselors;
318316 18. "Member state" means a state that has enacted the compact;
319-
320-ENGR. H. B. NO. 2723 Page 7 1
321-2
322-3
323-4
324-5
325-6
326-7
327-8
328-9
329-10
330-11
331-12
332-13
333-14
334-15
335-16
336-17
337-18
338-19
339-20
340-21
341-22
342-23
343-24
344-
345317 19. "Privilege to practice" means a legal authorization, which
346318 is equivalent to a license, permitting the practice of professional
347319 counseling in a remote state;
320+
321+HB2723 HFLR Page 7
322+BOLD FACE denotes Committee Amendments. 1
323+2
324+3
325+4
326+5
327+6
328+7
329+8
330+9
331+10
332+11
333+12
334+13
335+14
336+15
337+16
338+17
339+18
340+19
341+20
342+21
343+22
344+23
345+24
346+
348347 20. "Professional counseling" means the assessment, diagnosis,
349348 and treatment of behavioral health conditions by a licensed
350349 professional counselor ;
351350 21. "Remote state" means a member state , other than the home
352351 state, where a licensee is exercising or seeking to exercise the
353352 privilege to practice ;
354353 22. "Rule" means a regulation promulgated by the commission
355354 that has the force of law;
356355 23. "Single state license" means a licensed professional
357356 counselor license issued by a member state that authorizes practice
358357 only within the issuing state and does not include a privilege to
359358 practice in any other member state ;
360359 24. "State" means any state, commonwealth, district, or
361360 territory of the United States of America that regulates the
362361 practice of professional counseling;
363362 25. "Telehealth" means the application of telecommunication
364363 technology to deliver professional counseling services remotely to
365364 assess, diagnose, and treat behavioral health conditions ; and
366365 26. "Unencumbered license" means a license that authorizes a
367366 licensed professional counselor to engage in the full and
368367 unrestricted practice of professional counseling.
369-
370-ENGR. H. B. NO. 2723 Page 8 1
371-2
372-3
373-4
374-5
375-6
376-7
377-8
378-9
379-10
380-11
381-12
382-13
383-14
384-15
385-16
386-17
387-18
388-19
389-20
390-21
391-22
392-23
393-24
394-
395368 SECTION 3. NEW LAW A new section of law to be codified
396369 in the Oklahoma Statutes as Section 6-222 of Title 43A, unless there
397370 is created a duplication in nu mbering, reads as follows:
371+
372+HB2723 HFLR Page 8
373+BOLD FACE denotes Committee Amendments. 1
374+2
375+3
376+4
377+5
378+6
379+7
380+8
381+9
382+10
383+11
384+12
385+13
386+14
387+15
388+16
389+17
390+18
391+19
392+20
393+21
394+22
395+23
396+24
397+
398398 ARTICLE III
399399 State Participation in the Compact
400400 A. To participate in the compact, a state must currently:
401401 1. License and regulate licensed professi onal counselors;
402402 2. Require licensees to pass a nationally recognized exam
403403 approved by the commission;
404404 3. Require licensees to have a sixty (60) semester-hour, or
405405 ninety (90) quarter-hour, master's degree in counseling or sixty
406406 (60) semester-hours (or ninety (90) quarter-hours) of graduate
407407 coursework, including the following topic areas:
408408 a. professional counseling orientation and eth ical
409409 practice,
410410 b. social and cultural diversity ,
411411 c. human growth and development ,
412412 d. career development,
413413 e. counseling and helping relationships,
414414 f. group counseling and group work,
415415 g. diagnosis and treatment,
416416 h. assessment and testing,
417417 i. research and program evaluation, and
418418 j. other areas as determined by the commission ;
419-
420-ENGR. H. B. NO. 2723 Page 9 1
421-2
422-3
423-4
424-5
425-6
426-7
427-8
428-9
429-10
430-11
431-12
432-13
433-14
434-15
435-16
436-17
437-18
438-19
439-20
440-21
441-22
442-23
443-24
444-
445419 4. Require licensees to complete a supervised postgrad uate
446420 professional experienc e as defined by the commission; and
421+
422+HB2723 HFLR Page 9
423+BOLD FACE denotes Committee Amendments. 1
424+2
425+3
426+4
427+5
428+6
429+7
430+8
431+9
432+10
433+11
434+12
435+13
436+14
437+15
438+16
439+17
440+18
441+19
442+20
443+21
444+22
445+23
446+24
447+
447448 5. Have a mechanism in place for re ceiving and investigating
448449 complaints about licensees.
449450 B. A member state shall:
450451 1. Participate fully in the commission 's data system, including
451452 using the commission's unique identifier as defined in rules;
452453 2. Notify the commission, in compliance with the terms of the
453454 compact and rules, of any adverse action or the availability of
454455 investigative information regarding a licensee;
455456 3. Implement or utilize proced ures for considering the criminal
456457 history records of applicants for an initial privilege to practice.
457458 These procedures shall include the submission of fingerprints or
458459 other biometric-based information by applicants for the purpose of
459460 obtaining an applican t's criminal history recor d information from
460461 the Federal Bureau of Investigation and the agency responsible for
461462 retaining that state's criminal records.
462463 A member state must fully implement a criminal background check
463464 requirement, within a time frame estab lished by rule, by receiving
464465 the results of the Federal Bureau of Investigation record search and
465466 shall use the results in making licensure decisions.
466467 Communication between a member state, the commission, and among
467468 member states regarding the verific ation of eligibility for
468469 licensure through the compact shall not include any information
469-
470-ENGR. H. B. NO. 2723 Page 10 1
471-2
472-3
473-4
474-5
475-6
476-7
477-8
478-9
479-10
480-11
481-12
482-13
483-14
484-15
485-16
486-17
487-18
488-19
489-20
490-21
491-22
492-23
493-24
494-
495470 received from the Federal Bureau of Investigation relating to a
471+
472+HB2723 HFLR Page 10
473+BOLD FACE denotes Committee Amendments. 1
474+2
475+3
476+4
477+5
478+6
479+7
480+8
481+9
482+10
483+11
484+12
485+13
486+14
487+15
488+16
489+17
490+18
491+19
492+20
493+21
494+22
495+23
496+24
497+
496498 federal criminal records check performed by a member state under
497499 Public Law 92-544;
498500 4. Comply with the rules of the commission;
499501 5. Require an applicant to obtain or retain a license i n the
500502 home state and meet the home state's qualifications for licensure or
501503 renewal of licensure, as well as all other applicable state laws;
502504 6. Grant the privilege to practice to a licensee holding a
503505 valid unencumbered lic ense in another member state in accordance
504506 with the terms of th e compact and rules; and
505507 7. Provide for the attendance of the state 's commissioner to
506508 the counseling compact commission meetings.
507509 C. Member states may charge a fee for granting the privilege to
508510 practice.
509511 D. Individuals not residing in a member state sh all continue to
510512 be able to apply for a member state 's single state license as
511513 provided under the laws of each member state. However, the single
512514 state license granted to these individuals shall not be recognized
513515 as granting a privilege to practice professional counseling in any
514516 other member state.
515517 E. Nothing in this compact shall affect the requirements
516518 established by a member state for the issuance of a single state
517519 license.
518-
519-ENGR. H. B. NO. 2723 Page 11 1
520-2
521-3
522-4
523-5
524-6
525-7
526-8
527-9
528-10
529-11
530-12
531-13
532-14
533-15
534-16
535-17
536-18
537-19
538-20
539-21
540-22
541-23
542-24
543-
544520 F. A license issued to a licensed professional counselor by a
545521 home state to a resident in that state shall be recognized by each
522+
523+HB2723 HFLR Page 11
524+BOLD FACE denotes Committee Amendments. 1
525+2
526+3
527+4
528+5
529+6
530+7
531+8
532+9
533+10
534+11
535+12
536+13
537+14
538+15
539+16
540+17
541+18
542+19
543+20
544+21
545+22
546+23
547+24
548+
546549 member state as authorizing a licensed professional counselor to
547550 practice professional co unseling, under a privilege to practice in
548551 each member state.
549552 SECTION 4. NEW LAW A new section of law to be codified
550553 in the Oklahoma Statutes as Section 6-223 of Title 43A, unless there
551554 is created a duplication in numbering, reads as follows:
552555 ARTICLE IV
553556 Privilege to Practice
554557 A. To exercise the privilege to practice under the terms and
555558 provisions of the compact, the licensee shall:
556559 1. Hold a license in the home state;
557560 2. Have a valid United States Social Security number or
558561 national practitioner identifier;
559562 3. Be eligible for a privileg e to practice in any member state
560563 in accordance with Section 4(d), (g), and (h) of this compact;
561564 4. Have not had any encumbrance or restriction against any
562565 license or privilege to practice within the previous two (2) years;
563566 5. Notify the commission that the licensee is seeking the
564567 privilege to practice within a remote state(s);
565568 6. Pay any applicable fees, including any state fee, for the
566569 privilege to practice;
567-
568-ENGR. H. B. NO. 2723 Page 12 1
569-2
570-3
571-4
572-5
573-6
574-7
575-8
576-9
577-10
578-11
579-12
580-13
581-14
582-15
583-16
584-17
585-18
586-19
587-20
588-21
589-22
590-23
591-24
592-
593570 7. Meet any continuing comp etence/education requirements
594571 established by the home state;
572+
573+HB2723 HFLR Page 12
574+BOLD FACE denotes Committee Amendments. 1
575+2
576+3
577+4
578+5
579+6
580+7
581+8
582+9
583+10
584+11
585+12
586+13
587+14
588+15
589+16
590+17
591+18
592+19
593+20
594+21
595+22
596+23
597+24
598+
595599 8. Meet any jurisprudence requireme nts established by the
596600 remote state(s) in which t he licensee is seeking a privilege to
597601 practice; and
598602 9. Report to the commission any adverse action, encumbrance, or
599603 restriction on license taken by any non-member state within thirty
600604 (30) days from the date the action is taken.
601605 B. The privilege to practice is valid until the expiration date
602606 of the home state license. The licensee must comply with the
603607 requirements of Section 4(a) of this compact to maintain the
604608 privilege to practice in the remote state.
605609 C. A licensee providing professional counseling in a remote
606610 state under the priv ilege to practice shall adhere to the laws and
607611 regulations of the remote state.
608612 D. A licensee providing professional counseling services in a
609613 remote state is subject to that state's regulatory authority. A
610614 remote state may, in accordance with due process a nd that state's
611615 laws, remove a licensee 's privilege to practice in the remote state
612616 for a specific period of time, impose fines, or take any other
613617 necessary actions to pr otect the health and safety of its citizens.
614618 The licensee may be ineligible for a priv ilege to practice in any
615619 member state until the specific time for removal has passed and all
616620 fines are paid.
617621
618-ENGR. H. B. NO. 2723 Page 13 1
622+HB2723 HFLR Page 13
623+BOLD FACE denotes Committee Amendments. 1
619624 2
620625 3
621626 4
622627 5
623628 6
624629 7
625630 8
626631 9
627632 10
628633 11
629634 12
630635 13
631636 14
632637 15
633638 16
634639 17
635640 18
636641 19
637642 20
638643 21
639644 22
640645 23
641646 24
642647
643648 E. If a home state license is encumbered, the licensee shall
644649 lose the privilege to practice in any remote state until the
645650 following occur:
646651 1. The home state license is no longer encumbered; and
647652 2. The licensee has not had any encumbra nce or restriction
648653 against any license or privilege to practice within the previous two
649654 (2) years.
650655 F. Once an encumbered license in the home state is restored to
651656 good standing, the licensee must meet the requirements of Section
652657 4(a) of this compact to obtain a privilege to practice in any remote
653658 state.
654659 G. If a licensee's privilege to practice in any remote state is
655660 removed, the individual may lose the privilege to practice in all
656661 other remote states until the following occur:
657662 1. The specific period of time for which the privilege to
658663 practice was removed has ended;
659664 2. All fines have been paid; and
660665 3. The licensee has not had any encumbrance or restriction
661666 against any license or privilege t o practice within the previous two
662667 (2) years.
663668 H. Once the requirements of Section 4(g) of this compact have
664669 been met, the licensee must meet the requirements in Section 4(a) of
665670 this compact to obtain a privilege to practice in a remote state.
666671
667-ENGR. H. B. NO. 2723 Page 14 1
672+HB2723 HFLR Page 14
673+BOLD FACE denotes Committee Amendments. 1
668674 2
669675 3
670676 4
671677 5
672678 6
673679 7
674680 8
675681 9
676682 10
677683 11
678684 12
679685 13
680686 14
681687 15
682688 16
683689 17
684690 18
685691 19
686692 20
687693 21
688694 22
689695 23
690696 24
691697
692698 SECTION 5. NEW LAW A new section of law to be codified
693699 in the Oklahoma Statutes as Section 6-224 of Title 43A, unless there
694700 is created a duplication in numbering, reads as follows:
695701 ARTICLE V
696702 Obtaining a New Home State Li cense Based on a Privilege to Practice
697703 A. A licensed professional counselor ma y hold a home state
698704 license, which allows for a privilege to practice in other member
699705 states, in only one member state at a time.
700706 B. If a licensed professional counselor cha nges primary state
701707 of residence by moving b etween two member states:
702708 1. The licensed professional counsel or shall file an
703709 application for obtai ning a new home state license based on a
704710 privilege to practice, pay all applicable fees, and notify the
705711 current and new home state in accordance with applic able rules
706712 adopted by the commission ;
707713 2. Upon receipt of an application for obtaining a new home
708714 state license by virtue of a privilege to practice, the new home
709715 state shall verify that t he licensed professional counselor meets
710716 the pertinent criteria outli ned in Section 4 of this compact via the
711717 data system, without need for primary source ver ification except
712718 for:
713719 a. a Federal Bureau of Investigation fingerprint-based
714720 criminal background check if not prev iously performed
715721
716-ENGR. H. B. NO. 2723 Page 15 1
722+HB2723 HFLR Page 15
723+BOLD FACE denotes Committee Amendments. 1
717724 2
718725 3
719726 4
720727 5
721728 6
722729 7
723730 8
724731 9
725732 10
726733 11
727734 12
728735 13
729736 14
730737 15
731738 16
732739 17
733740 18
734741 19
735742 20
736743 21
737744 22
738745 23
739746 24
740747
741748 or updated pursuant to applicable rules adopted by t he
742749 commission in accordance with Public Law 92-544,
743750 b. other criminal background check as required by the new
744751 home state, and
745752 c. completion of any requisite jurisprudence requirements
746753 of the new home state;
747754 3. The former home state shall convert the former home state
748755 license into a privilege to prac tice once the new home state has
749756 activated the new home state license in ac cordance with applicable
750757 rules adopted by the commission ;
751758 4. Notwithstanding any other provision of this compact, if the
752759 licensed professional counselor cannot meet the criteria in Section
753760 4 of this compact, the new home state may apply its requirements for
754761 issuing a new single state license ;
755762 5. The licensed professional counselor shall p ay all applicable
756763 fees to the new home state in order to be is sued a new home state
757764 license.
758765 C. If a licensed professional cou nselor changes primary state
759766 of residence by moving from a mem ber state to a non-member state, or
760767 from a non-member state to a mem ber state, the state criteria shall
761768 apply for issuance of a s ingle state license in the new st ate.
762769 D. Nothing in this compact shall interfere with a licensee's
763770 ability to hold a single state license in multiple states; however
764771
765-ENGR. H. B. NO. 2723 Page 16 1
772+HB2723 HFLR Page 16
773+BOLD FACE denotes Committee Amendments. 1
766774 2
767775 3
768776 4
769777 5
770778 6
771779 7
772780 8
773781 9
774782 10
775783 11
776784 12
777785 13
778786 14
779787 15
780788 16
781789 17
782790 18
783791 19
784792 20
785793 21
786794 22
787795 23
788796 24
789797
790798 for the purposes of this compact, a licensee shall have only one
791799 home state license.
792800 E. Nothing in this compact shall aff ect the requirements
793801 established by a member state for the issuance of a single state
794802 license.
795803 SECTION 6. NEW LAW A new section of law to be codified
796804 in the Oklahoma Statutes as Section 6-225 of Title 43A, unless there
797805 is created a duplication in numbering, reads as follows:
798806 ARTICLE VI
799807 Active Duty Military Personnel or Their Spouse
800808 Active duty military personnel, or their spouse , shall designate
801809 a home state where the indivi dual has a current license in good
802810 standing. The individual may retain the home state designation
803811 during the period the service me mber is on active duty. Subsequent
804812 to designating a home state, the individual shal l only change his or
805813 her home state through application for licen sure in the new state,
806-or through the process outlined in Section 5 of this act.
814+or through the process outlined in Section 5.
807815 SECTION 7. NEW LAW A new sectio n of law to be codified
808816 in the Oklahoma Statutes as Section 6-226 of Title 43A, unless there
809817 is created a duplica tion in numbering, reads as follows:
810818 ARTICLE VII
811819 Compact Privilege to Practice Telehealth
812820 A. Member states shall recognize the right of a licensed
813821 professional counselor, licensed by a home state in accordance with
814822
815-ENGR. H. B. NO. 2723 Page 17 1
823+HB2723 HFLR Page 17
824+BOLD FACE denotes Committee Amendments. 1
816825 2
817826 3
818827 4
819828 5
820829 6
821830 7
822831 8
823832 9
824833 10
825834 11
826835 12
827836 13
828837 14
829838 15
830839 16
831840 17
832841 18
833842 19
834843 20
835844 21
836845 22
837846 23
838847 24
839848
840849 Section 3 of this compact and under rules promulgated by the
841850 commission, to practice professional counseling in any member state
842851 via telehealth under a privilege to practice as provided in the
843852 compact and rules pro mulgated by the commission.
844853 B. A licensee providing professional cou nseling services in a
845854 remote state under the privilege to practice shall adhere to the
846855 laws and regulations of the remote state.
847856 SECTION 8. NEW LAW A new sectio n of law to be codified
848857 in the Oklahoma Statute s as Section 6-227 of Title 43A, unless there
849858 is created a duplication in numbering, r eads as follows:
850859 ARTICLE VIII
851860 Adverse Actions
852861 A. In addition to the other powers conferred by state law, a
853862 remote state shall have the authority, in accordance with existing
854863 state due process law, to:
855864 1. Take adverse action against a licensed profession al
856865 counselor's privilege to practice within that m ember state; and
857866 2. Issue subpoenas for both hearings and investigations that
858867 require the attendance and testimony of witnesses as well as the
859868 production of evidence. Subpoenas issued by a licensing board in a
860869 member state for the attendance and testimon y of witnesses or the
861870 production of eviden ce from another member state shall be enforced
862871 in the latter state by any court of competent jurisdiction,
863872 according to the practice and procedure of that court applicable to
864873
865-ENGR. H. B. NO. 2723 Page 18 1
874+HB2723 HFLR Page 18
875+BOLD FACE denotes Committee Amendments. 1
866876 2
867877 3
868878 4
869879 5
870880 6
871881 7
872882 8
873883 9
874884 10
875885 11
876886 12
877887 13
878888 14
879889 15
880890 16
881891 17
882892 18
883893 19
884894 20
885895 21
886896 22
887897 23
888898 24
889899
890900 subpoenas issued in proceedings pending before it. The issuing
891901 authority shall pay any witness fees, travel expenses, mileage, and
892902 other fees required by the service statutes of the state in which
893903 the witnesses or evidence is located .
894904 Only the home state shall have the power to take adverse action
895905 against a licensed professional cou nselor's license issued by the
896906 home state.
897907 B. For purposes of taking adverse action, the home state shall
898908 give the same priority and effect to reported conduct received from
899909 a member state as it would if the conduct had occurred within the
900910 home state. In so doing, the home state shall apply its own state
901911 laws to determine appropriate action.
902912 C. The home state shall complete any pending investigations of
903913 a licensed professional counselor who changes primary state of
904914 residence during the course of the investigations. The home state
905915 shall also have the authority to take appropriate action(s) and
906916 shall promptly repor t the conclusions of the investigations to the
907917 administrator of the data system. The administrator of the
908918 coordinated licensure information system shall promptly notify the
909919 new home state of any adverse actions.
910920 D. A member state, if otherwise permitted by state law, may
911921 recover from the affected li censed professional counselor the costs
912922 of investigations and dispositions of cases resulting from any
913923 adverse action taken against that licensed professional counselor.
914924
915-ENGR. H. B. NO. 2723 Page 19 1
925+HB2723 HFLR Page 19
926+BOLD FACE denotes Committee Amendments. 1
916927 2
917928 3
918929 4
919930 5
920931 6
921932 7
922933 8
923934 9
924935 10
925936 11
926937 12
927938 13
928939 14
929940 15
930941 16
931942 17
932943 18
933944 19
934945 20
935946 21
936947 22
937948 23
938949 24
939950
940951 E. A member state may take adverse acti on based on the factual
941952 findings of the remote state, provided that the member state follows
942953 its own procedures for taking th e adverse action.
943954 F. Joint Investigations
944955 1. In addition to the authority granted to a member state by
945956 its respective profession al counseling practice act or other
946957 applicable state law, any member state may participate with other
947958 member states in joint in vestigations of licensees .
948959 2. Member states shall share any in vestigative, litigation, or
949960 compliance materials in furtherance of any joint or individual
950961 investigation initia ted under the compact.
951962 G. If adverse action is taken by the home state against the
952963 license of a licensed professional counselor, the licensed
953964 professional counselor's privilege to practice in all other member
954965 states shall be deac tivated until all encumbra nces have been removed
955966 from the state license. All home state disciplinary orders that
956967 impose adverse action against the license of a licensed professional
957968 counselor shall include a statement that the licensed professional
958969 counselor's privilege to pract ice is deactivated in all member
959970 states during the pe ndency of the order.
960971 H. If a member state takes adverse action, it shall promptly
961972 notify the administrator of the data system. The administrator of
962973 the data system shall promptly n otify the home state of any adverse
963974 actions by remote states.
964975
965-ENGR. H. B. NO. 2723 Page 20 1
976+HB2723 HFLR Page 20
977+BOLD FACE denotes Committee Amendments. 1
966978 2
967979 3
968980 4
969981 5
970982 6
971983 7
972984 8
973985 9
974986 10
975987 11
976988 12
977989 13
978990 14
979991 15
980992 16
981993 17
982994 18
983995 19
984996 20
985997 21
986998 22
987999 23
9881000 24
9891001
9901002 I. Nothing in this compact shall override a mem ber state's
9911003 decision that participation in an alterna tive program may be used in
9921004 lieu of adverse action.
9931005 SECTION 9. NEW LAW A new section of law to be codified
9941006 in the Oklahoma Statutes as Section 6-228 of Title 43A, unless there
9951007 is created a duplication in n umbering, reads as follows:
9961008 ARTICLE IX
9971009 Establishment of Counseling Com pact Commission
9981010 A. The compact member states hereby create and establish a
9991011 joint public agency known as the Counseling Compact Commission:
10001012 1. The Commission is an instrumentality of t he compact states;
10011013 2. Venue is proper and judicial proceedings b y or against the
10021014 commission shall be brou ght solely and exclusively in a court of
10031015 competent jurisdiction where the principal office of the Commission
10041016 is located. The Commission may waive venue and jurisdictional
10051017 defenses to the extent it adopts or cons ents to participate in
10061018 alternative dispute re solution proceedings;
10071019 3. Nothing in this compact shall be construed to be a waiver of
10081020 sovereign immunity.
10091021 B. Membership, voting, and meetings
10101022 1. Each member state shall have and be li mited to one delegate
10111023 selected by that member state 's licensing board.
10121024 2. The delegate shall be either:
10131025
1014-ENGR. H. B. NO. 2723 Page 21 1
1026+HB2723 HFLR Page 21
1027+BOLD FACE denotes Committee Amendments. 1
10151028 2
10161029 3
10171030 4
10181031 5
10191032 6
10201033 7
10211034 8
10221035 9
10231036 10
10241037 11
10251038 12
10261039 13
10271040 14
10281041 15
10291042 16
10301043 17
10311044 18
10321045 19
10331046 20
10341047 21
10351048 22
10361049 23
10371050 24
10381051
10391052 a. a current member of the licensing board at the time of
10401053 appointment, who is a li censed professional coun selor
10411054 or public member, or
10421055 b. an administrator of the licensing bo ard.
10431056 3. Any delegate may be removed or suspended from office as
10441057 provided by the law of the state from w hich the delegate is
10451058 appointed.
10461059 4. The member state's licensing board shall fill any vacancy
10471060 occurring on the Commission within sixty (60) days.
10481061 5. Each delegate shall be entitled to one vote with regard to
10491062 the promulgation of rules and creation of bylaw s and shall otherwise
10501063 have an opportunity to participate in the busines s and affairs of
10511064 the Commission.
10521065 6. A delegate shall vote in person or by such other means as
10531066 provided in the bylaws. The bylaws may provide for delegates'
10541067 participation in meetin gs by telephone or other means of
10551068 communication.
10561069 7. The Commission shall meet a t least once during each calendar
10571070 year. Additional meetings shall be held as set forth in the bylaws.
10581071 8. The Commission shall by rule establish a term of office for
10591072 delegates and may by rule establish term limits.
10601073 C. The Commission shall have the fol lowing powers and duties:
10611074 1. Establish the fiscal year of the comm ission;
10621075 2. Establish bylaws;
10631076
1064-ENGR. H. B. NO. 2723 Page 22 1
1077+HB2723 HFLR Page 22
1078+BOLD FACE denotes Committee Amendments. 1
10651079 2
10661080 3
10671081 4
10681082 5
10691083 6
10701084 7
10711085 8
10721086 9
10731087 10
10741088 11
10751089 12
10761090 13
10771091 14
10781092 15
10791093 16
10801094 17
10811095 18
10821096 19
10831097 20
10841098 21
10851099 22
10861100 23
10871101 24
10881102
10891103 3. Maintain its financial records in accordance with the
10901104 bylaws;
10911105 4. Meet and take such actions as are consistent with the
10921106 provisions of this compact and the bylaws;
10931107 5. Promulgate rules which shall be bindi ng to the extent and in
10941108 the manner provided for in the compact;
10951109 6. Bring and prosecute legal proceedings or actions in the name
10961110 of the Commission, provided that the standing of any state licensing
10971111 board to sue or be sued under applicable law shall not be affected;
10981112 7. Purchase and maintain insurance and bonds;
10991113 8. Borrow, accept, or co ntract for services of personnel,
11001114 including, but not limited to, employees of a mem ber state;
11011115 9. Hire employees, elect or appoint officers, fix compensation,
11021116 define duties, grant such individuals appropriate authority to carry
11031117 out the purposes of the comp act, and establish the commission's
11041118 personnel policies and programs relating to conflicts of interest,
11051119 qualifications of pe rsonnel, and other related personnel matters;
11061120 10. Accept any and all appropriate donations and grants of
11071121 money, equipment, supplies, materials, and servic es, and to receive,
11081122 utilize, and dispose of the same; provided that at all times the
11091123 Commission shall avoid any appearance of impro priety or conflict of
11101124 interest;
11111125 11. Lease, purchase, accept appropriate gifts or donations of,
11121126 or otherwise to own, hold, improve or use, any property, re al,
11131127
1114-ENGR. H. B. NO. 2723 Page 23 1
1128+HB2723 HFLR Page 23
1129+BOLD FACE denotes Committee Amendments. 1
11151130 2
11161131 3
11171132 4
11181133 5
11191134 6
11201135 7
11211136 8
11221137 9
11231138 10
11241139 11
11251140 12
11261141 13
11271142 14
11281143 15
11291144 16
11301145 17
11311146 18
11321147 19
11331148 20
11341149 21
11351150 22
11361151 23
11371152 24
11381153
11391154 personal or mixed; provided that at all times the Commission shall
11401155 avoid any appearance of impropr iety;
11411156 12. Sell, convey, mortgage, pledge, lease, exchange, abandon,
11421157 or otherwise dispose of any prop erty real, personal, or mixed;
11431158 13. Establish a budget and make expenditures;
11441159 14. Borrow money;
11451160 15. Appoint committees, including standing committees composed
11461161 of members, state regulators , state legislators or their
11471162 representatives, and consumer represe ntatives, and such other
11481163 interested persons as may be designated in this compact and th e
11491164 bylaws;
11501165 16. Provide and receive i nformation from, and cooperate with,
11511166 law enforcement agencies;
11521167 17. Establish and elect an executive committee; and
11531168 18. Perform such other functions as may be neces sary or
11541169 appropriate to achieve the purposes of this compact cons istent with
11551170 the state regulation of professional counseling licensur e and
11561171 practice.
11571172 D. The executive committee
11581173 1. The executive committee shall have the power to act on
11591174 behalf of the Commission according to the t erms of this compact.
11601175 2. The executive committee shall be composed of up to eleven
11611176 (11) members:
11621177
1163-ENGR. H. B. NO. 2723 Page 24 1
1178+HB2723 HFLR Page 24
1179+BOLD FACE denotes Committee Amendments. 1
11641180 2
11651181 3
11661182 4
11671183 5
11681184 6
11691185 7
11701186 8
11711187 9
11721188 10
11731189 11
11741190 12
11751191 13
11761192 14
11771193 15
11781194 16
11791195 17
11801196 18
11811197 19
11821198 20
11831199 21
11841200 22
11851201 23
11861202 24
11871203
11881204 a. seven voting members who are elec ted by the Commission
11891205 from the current membership of the Commission, and
11901206 b. up to four ex-officio, nonvoting members from four
11911207 recognized national professional counselor
11921208 organizations, selected by their respective
11931209 organizations.
11941210 3. The Commission may remove any member of the executive
11951211 committee as provided in the bylaws.
11961212 4. The executive committee shall m eet at least annually.
11971213 5. The executive committee shall have the following duties and
11981214 responsibilities:
11991215 a. recommend to the entire Commission changes to the
12001216 rules or bylaws, changes to this compact , fees paid by
12011217 compact member states such as an nual dues, and any
12021218 Commission compact fee charged to licensees for t he
12031219 privilege to practice,
12041220 b. ensure compact administration services are
12051221 appropriately provided, contractual or otherwise ,
12061222 c. prepare and recommend the bu dget,
12071223 d. maintain financial records on behalf of the
12081224 Commission,
12091225 e. monitor compact compliance of member st ates and
12101226 provide compliance reports to the Commission,
12111227 f. establish additional committees as necessary , and
12121228
1213-ENGR. H. B. NO. 2723 Page 25 1
1229+HB2723 HFLR Page 25
1230+BOLD FACE denotes Committee Amendments. 1
12141231 2
12151232 3
12161233 4
12171234 5
12181235 6
12191236 7
12201237 8
12211238 9
12221239 10
12231240 11
12241241 12
12251242 13
12261243 14
12271244 15
12281245 16
12291246 17
12301247 18
12311248 19
12321249 20
12331250 21
12341251 22
12351252 23
12361253 24
12371254
12381255 g. other duties as provided in rules or bylaws.
12391256 E. Meetings of the Commission
12401257 1. All meetings shall be open to the public, and public notice
12411258 of meetings shall be given in the same manner as required under the
12421259 rulemaking provisions in Section 11 of this compact.
12431260 2. The Commission or the executive committee o r other
12441261 committees of the Commission may convene in a closed, non-public
12451262 meeting if the Commission or executive committee or other committees
12461263 of the Commission must discuss:
12471264 a. non-compliance of a member state with its obligations
12481265 under the compact,
12491266 b. the employment, compensation, discipline, o r other
12501267 matters, practices, or procedures related to specific
12511268 employees or other matters related to the Commission's
12521269 internal personnel practices and procedures ,
12531270 c. current, threatened, or reasonably anticipated
12541271 litigation,
12551272 d. negotiation of contracts for the purchase, lease, or
12561273 sale of goods, services, o r real estate,
12571274 e. accusing any person of a crime or formally cen suring
12581275 any person,
12591276 f. disclosure of trade secrets or commercial or financial
12601277 information that is privi leged or confidential ,
12611278
1262-ENGR. H. B. NO. 2723 Page 26 1
1279+HB2723 HFLR Page 26
1280+BOLD FACE denotes Committee Amendments. 1
12631281 2
12641282 3
12651283 4
12661284 5
12671285 6
12681286 7
12691287 8
12701288 9
12711289 10
12721290 11
12731291 12
12741292 13
12751293 14
12761294 15
12771295 16
12781296 17
12791297 18
12801298 19
12811299 20
12821300 21
12831301 22
12841302 23
12851303 24
12861304
12871305 g. disclosure of information of a personal nature where
12881306 disclosure would constitute a clearly unwarranted
12891307 invasion of personal privacy,
12901308 h. disclosure of investigative records compiled for law
12911309 enforcement purposes ,
12921310 i. disclosure of information related to any in vestigative
12931311 reports prepared by or on behalf of or for use of t he
12941312 Commission or other committee charged with
12951313 responsibility of investigation or determination of
12961314 compliance issues pursuant to the compact , or
12971315 j. matters specifically exempted from disclosure by
12981316 federal or member state statute.
12991317 3. If a meeting, or porti on of a meeting, is closed pursuant to
13001318 this provision, the Commission's legal counsel or designee shall
13011319 certify that the meeting may be closed and shall reference each
13021320 relevant exempting provisio n.
13031321 4. The Commission shall keep minutes that fully and clearly
13041322 describe all matters discussed in a meeting and shall provide a full
13051323 and accurate summary of actions taken, and the reasons therefore,
13061324 including a description of th e views expressed. All documents
13071325 considered in connection with an action shall be identified in such
13081326 minutes. All minutes and documents of a closed meeting shall remain
13091327 under seal, subject to release by a majority vote of the Commission
13101328 or order of a court of competent jurisdiction.
13111329
1312-ENGR. H. B. NO. 2723 Page 27 1
1330+HB2723 HFLR Page 27
1331+BOLD FACE denotes Committee Amendments. 1
13131332 2
13141333 3
13151334 4
13161335 5
13171336 6
13181337 7
13191338 8
13201339 9
13211340 10
13221341 11
13231342 12
13241343 13
13251344 14
13261345 15
13271346 16
13281347 17
13291348 18
13301349 19
13311350 20
13321351 21
13331352 22
13341353 23
13351354 24
13361355
13371356 F. Financing of the Commission
13381357 1. The Commission shall pay, or provide for the payment of, the
13391358 reasonable expenses of its establishment, organization, and ongoing
13401359 activities.
13411360 2. The Commission may accept any and all approp riate revenue
13421361 sources, donations, a nd grants of money, equipment, supplies,
13431362 materials, and services.
13441363 3. The Commission may levy on and collect an annual assessment
13451364 from each member state or impose fees on other parties to cover the
13461365 cost of the operations and activities of the Commission and its
13471366 staff, which must be in a total amount sufficient to cover its
13481367 annual budget as approved each yea r for which revenue is not
13491368 provided by other sources. The aggregate annual assessment amount
13501369 shall be allocated base d upon a formula to be determined by the
13511370 Commission, which shall promulgate a rule binding upon all member
13521371 states.
13531372 4. The Commission shall not incur obligations of any kind prior
13541373 to securing the funds adequate to meet the same; nor shall the
13551374 Commission pledge the credit of any of the member states, except by
13561375 and with the authority of the member state.
13571376 5. The Commission shall keep accurate accounts of all receipts
13581377 and disbursements. The receipts and disbursements of the Commission
13591378 shall be subject to the audit and accounting procedures established
13601379 under its bylaws. However, all receipts and disbursements of funds
13611380
1362-ENGR. H. B. NO. 2723 Page 28 1
1381+HB2723 HFLR Page 28
1382+BOLD FACE denotes Committee Amendments. 1
13631383 2
13641384 3
13651385 4
13661386 5
13671387 6
13681388 7
13691389 8
13701390 9
13711391 10
13721392 11
13731393 12
13741394 13
13751395 14
13761396 15
13771397 16
13781398 17
13791399 18
13801400 19
13811401 20
13821402 21
13831403 22
13841404 23
13851405 24
13861406
13871407 handled by the Commission shall be audited yearly by a certified or
13881408 licensed public accountant, and the report of the audit shall be
13891409 included in and become part of the annual report of the Commission.
13901410 G. Qualified immunity, defense, and indemnification
13911411 1. The members, officers, executive director, employees, and
13921412 representatives of the Commission shall be immune from suit and
13931413 liability, either personally or in the ir official capacity, for any
13941414 claim for damage to or loss of property or personal injury or other
13951415 civil liability caused by or arising out of any actual or alleged
13961416 act, error, or omission that occurred, or that the person against
13971417 whom the claim is made had a reasonable basis for believing occurred
13981418 within the scope of commission employment, duties, or
13991419 responsibilities; pr ovided that nothing in this paragraph shall be
14001420 construed to protect any such person from suit or liability for any
14011421 damage, loss, injury, or liability caused by the intentional or
14021422 willful or wanton misconduct of that person.
14031423 2. The Commission shall defen d any member, officer, executive
14041424 director, employee, or representative of the Commission in any civil
14051425 action seeking to impose liability arisi ng out of any actual or
14061426 alleged act, error, or omission that occurr ed within the scope of
14071427 Commission employment, duties, or responsibilit ies, or that the
14081428 person against whom the claim is made had a reasonable basis for
14091429 believing occurred within the scope o f Commission employment,
14101430 duties, or responsibilities; provided that nothing herein shall be
14111431
1412-ENGR. H. B. NO. 2723 Page 29 1
1432+HB2723 HFLR Page 29
1433+BOLD FACE denotes Committee Amendments. 1
14131434 2
14141435 3
14151436 4
14161437 5
14171438 6
14181439 7
14191440 8
14201441 9
14211442 10
14221443 11
14231444 12
14241445 13
14251446 14
14261447 15
14271448 16
14281449 17
14291450 18
14301451 19
14311452 20
14321453 21
14331454 22
14341455 23
14351456 24
14361457
14371458 construed to prohibit that person from retainin g his or her own
14381459 counsel; and provided further, that the actual or alleged act,
14391460 error, or omission did not result from that person 's intentional or
14401461 willful or wanton misconduct.
14411462 3. The Commission shall indemnify and hold harml ess any member,
14421463 officer, executive director, employee, or representative of the
14431464 Commission for the amount of any settleme nt or judgment obtained
14441465 against that person arising out of any actual or alleged act, error,
14451466 or omission that occurred within the scop e of Commission employment,
14461467 duties, or responsibilities, or that such person had a reasonable
14471468 basis for believing occurred within the scope of commission
14481469 employment, duties, or resp onsibilities, provided that the actual or
14491470 alleged act, error, or omission did not result from the intentional
14501471 or willful or wanton misconduct of that person.
14511472 SECTION 10. NEW LAW A new section of law to be codified
14521473 in the Oklahoma Statutes as Section 6-229 of Title 43A, unless there
14531474 is created a duplication in numbering, reads as follows:
14541475 ARTICLE X
14551476 Data System
14561477 A. The Commission shall provide for the developm ent,
14571478 maintenance, operation, and utilization of a coordinate d database
14581479 and reporting system containing licensure, advers e action, and
14591480 investigative information on all licensed individuals in member
14601481 states.
14611482
1462-ENGR. H. B. NO. 2723 Page 30 1
1483+HB2723 HFLR Page 30
1484+BOLD FACE denotes Committee Amendments. 1
14631485 2
14641486 3
14651487 4
14661488 5
14671489 6
14681490 7
14691491 8
14701492 9
14711493 10
14721494 11
14731495 12
14741496 13
14751497 14
14761498 15
14771499 16
14781500 17
14791501 18
14801502 19
14811503 20
14821504 21
14831505 22
14841506 23
14851507 24
14861508
14871509 B. Notwithstanding any other provision of state la w to the
14881510 contrary, a member state shall submit a uniform da ta set to the data
14891511 system on all individuals to whom this co mpact is applicable as
14901512 required by the rules of the Commission, including:
14911513 1. Identifying information;
14921514 2. Licensure data;
14931515 3. Adverse actions against a license or privilege to practice;
14941516 4. Non-confidential information related to alternative program
14951517 participation;
14961518 5. Any denial of application for licensure, and the reason(s)
14971519 for such denial;
14981520 6. Current significant in vestigative informatio n; and
14991521 7. Other information that may facilita te the administration of
15001522 this compact, as determined by the rules of th e Commission.
15011523 C. Investigative information pertaining to a licensee in any
15021524 member state shall only be available to othe r member states.
15031525 D. The Commission shall promptly notify all member states of
15041526 any adverse action taken against a licensee or an indiv idual
15051527 applying for a license. Adverse action information pertaining to a
15061528 licensee in any member state will be available to any other member
15071529 state.
15081530 E. Member states contributing informatio n to the data system
15091531 may designate information that may not be sha red with the public
15101532 without the express permission of the contributing state.
15111533
1512-ENGR. H. B. NO. 2723 Page 31 1
1534+HB2723 HFLR Page 31
1535+BOLD FACE denotes Committee Amendments. 1
15131536 2
15141537 3
15151538 4
15161539 5
15171540 6
15181541 7
15191542 8
15201543 9
15211544 10
15221545 11
15231546 12
15241547 13
15251548 14
15261549 15
15271550 16
15281551 17
15291552 18
15301553 19
15311554 20
15321555 21
15331556 22
15341557 23
15351558 24
15361559
15371560 F. Any information submitted to the data system that is
15381561 subsequently required to be expunged by the laws of the member state
15391562 contributing the information shall be removed from t he data system.
15401563 SECTION 11. NEW LAW A new section of law to be codified
15411564 in the Oklahoma Statutes as Section 6-230 of Title 43A, unless there
15421565 is created a duplication in numberi ng, reads as follows:
15431566 ARTICLE XI
15441567 Rulemaking
15451568 A. The Commission shall promulgate reasonable rules in order to
15461569 effectively and efficiently achieve the purpose of the compact.
15471570 Notwithstanding the foregoing, in the event the commission exercises
15481571 its rulemaking authority in a manner that is beyond the scope of the
15491572 purposes of the compact, or the powers granted hereunder, then such
15501573 an action by the commission shall be invalid and have no force or
15511574 effect.
1552-B. The Commission shall exercise its rulemaking powers pursuant
1553-to the criteria set forth in this section and the rules adopted
1554-thereunder. Rules and amendments shall become binding as of the
1555-date specified in each rule or amendment .
1575+B. The Commission shall exercise its rule-making powers
1576+pursuant to the criteria set forth in this section and the rules
1577+adopted thereunder. Rules and amendments shall become binding as of
1578+the date specified in each rule or amendment .
15561579 C. If a majority of the legislatures of the member states
15571580 rejects a rule, by enac tment of a statute or resolution in the same
15581581 manner used to adopt the compact within four (4) years of the date
15591582 of adoption of the rule, then such rule shall have no further force
15601583 and effect in any member state.
15611584
1562-ENGR. H. B. NO. 2723 Page 32 1
1585+HB2723 HFLR Page 32
1586+BOLD FACE denotes Committee Amendments. 1
15631587 2
15641588 3
15651589 4
15661590 5
15671591 6
15681592 7
15691593 8
15701594 9
15711595 10
15721596 11
15731597 12
15741598 13
15751599 14
15761600 15
15771601 16
15781602 17
15791603 18
15801604 19
15811605 20
15821606 21
15831607 22
15841608 23
15851609 24
15861610
15871611 D. Rules or amendments to the rules shall be adopted at a
15881612 regular or special meeting of the Commission.
15891613 E. Prior to promulgation and adoption of a final rule or rules
15901614 by the Commission, and at least thirty (30) day s in advance of the
15911615 meeting at which the rule will be considered and voted upon, the
1592-Commission shall file a notice of proposed rulemaking:
1616+Commission shall file a notice of proposed rule-making:
15931617 1. On the website of the Commission or other publicly
15941618 accessible platform; and
15951619 2. On the website of each member s tate's professional
15961620 counseling licensing board or other publicly accessible platform or
15971621 the publication in which each state would oth erwise publish proposed
15981622 rules.
1599-F. The notice of proposed rulemaking shall include:
1623+F. The notice of proposed rule -making shall include:
16001624 1. The proposed time, date, and locati on of the meeting in
16011625 which the rule will be considered and voted upon;
16021626 2. The text of the proposed rule or amendment and the reason
16031627 for the proposed rule;
16041628 3. A request for comments on the proposed rule from any
16051629 interested person; and
16061630 4. The manner in which interested persons may submit notice to
16071631 the Commission of their intention to attend the pu blic hearing and
16081632 any written comments.
16091633
1610-ENGR. H. B. NO. 2723 Page 33 1
1634+HB2723 HFLR Page 33
1635+BOLD FACE denotes Committee Amendments. 1
16111636 2
16121637 3
16131638 4
16141639 5
16151640 6
16161641 7
16171642 8
16181643 9
16191644 10
16201645 11
16211646 12
16221647 13
16231648 14
16241649 15
16251650 16
16261651 17
16271652 18
16281653 19
16291654 20
16301655 21
16311656 22
16321657 23
16331658 24
16341659
16351660 G. Prior to adoption of a proposed rule, the Commission shall
16361661 allow persons to submit written data, facts, opinions, and
16371662 arguments, which shall be made available to the public.
16381663 H. The Commission shall grant an opportu nity for a public
16391664 hearing before it adopts a rule or amendment if a hearing is
16401665 requested by:
16411666 1. At least twenty-five persons;
16421667 2. A state or federal gover nmental subdivision or agency; or
16431668 3. An association having at least twenty -five members.
16441669 I. If a hearing is held on the proposed rule or amendment, the
16451670 Commission shall publish the place, time, and date of the scheduled
16461671 public hearing. If the hearing is held via electronic means, the
16471672 Commission shall publish the mechanism for access to the electronic
16481673 hearing.
16491674 1. All persons wishing to be hea rd at the hearing shall notify
16501675 the executive director of the Commission or other designated member
16511676 in writing of their desire to appear and testify at the hearing not
16521677 less than five (5) business days befo re the scheduled date of the
16531678 hearing.
16541679 2. Hearings shall be conducted in a manner providing each
16551680 person who wishes to comment a fair and reasonable opportunity to
16561681 comment orally or in writing.
16571682 3. All hearings will be recorded. A copy of the recording will
16581683 be made available on request.
16591684
1660-ENGR. H. B. NO. 2723 Page 34 1
1685+HB2723 HFLR Page 34
1686+BOLD FACE denotes Committee Amendments. 1
16611687 2
16621688 3
16631689 4
16641690 5
16651691 6
16661692 7
16671693 8
16681694 9
16691695 10
16701696 11
16711697 12
16721698 13
16731699 14
16741700 15
16751701 16
16761702 17
16771703 18
16781704 19
16791705 20
16801706 21
16811707 22
16821708 23
16831709 24
16841710
16851711 4. Nothing in this section shall be construed as requiring a
16861712 separate hearing on each r ule. Rules may be grouped for the
16871713 convenience of the Commission at hearings required by this section.
16881714 J. Following the scheduled he aring date, or by the close of
16891715 business on the scheduled hearing date if the hearing was not held,
16901716 the Commission shall consider all written and oral comments
16911717 received.
16921718 K. If no written notice of intent to attend the public hearing
16931719 by interested parties is received, the Commission may proceed with
16941720 promulgation of the proposed rule without a public hearing.
16951721 L. The Commission shall, by majority vote of all members , take
16961722 final action on the proposed rule and shall determine the effective
1697-date of the rule, if any, based on the rulemaking record and the
1723+date of the rule, if any, based on the rule-making record and the
16981724 full text of the rule.
16991725 M. Upon determination that an em ergency exists, the Commission
17001726 may consider and adopt an em ergency rule without prior notice,
1701-opportunity for comment, or hearing, provided that the usual
1702-rulemaking procedures provided in the compact and in this section
1703-shall be retroactively applied to the rule as soon as reasonably
1704-possible, in no event later than ninety (90) days after the
1705-effective date of the rule. For the purposes of this prov ision, an
1706-emergency rule is one that must be adopted immediat ely in order to:
1727+opportunity for comment, or hearing, provided that the usual rule-
1728+making procedures provided in the compact and in this section shall
1729+be retroactively applied to the rule as soon as reasonably possible,
1730+in no event later than ninety (90) days after the effective date of
1731+the rule. For the purposes of this prov ision, an emergency rule is
1732+one that must be adopted immediat ely in order to:
17071733 1. Meet an imminent threat to public health, safety, or
17081734 welfare;
17091735
1710-ENGR. H. B. NO. 2723 Page 35 1
1736+HB2723 HFLR Page 35
1737+BOLD FACE denotes Committee Amendments. 1
17111738 2
17121739 3
17131740 4
17141741 5
17151742 6
17161743 7
17171744 8
17181745 9
17191746 10
17201747 11
17211748 12
17221749 13
17231750 14
17241751 15
17251752 16
17261753 17
17271754 18
17281755 19
17291756 20
17301757 21
17311758 22
17321759 23
17331760 24
17341761
17351762 2. Prevent a loss of Commission or member state funds;
17361763 3. Meet a deadline for the promulgation of an administrative
17371764 rule that is established by federal law or rule; or
17381765 4. Protect public health and s afety.
17391766 N. The Commission or an authorized committee of the commission
17401767 may direct revisions to a previously adopted rule or amendment for
17411768 purposes of correcting typo graphical errors, errors in format,
17421769 errors in consistency, or g rammatical errors. Public notice of any
17431770 revisions shall be posted on the website of the commission. The
17441771 revision shall be subject to challenge by any person for a period of
17451772 thirty (30) days after posting. The revision may be challenged only
17461773 on grounds that the revision results in a material change to a rule.
17471774 A challenge shall be made in writing and delivered to the executive
17481775 director of the Commission prior to the end of the notice peri od.
17491776 If no challenge is ma de, the revision will take effect without
17501777 further action. If the revision is challenged, the revision may not
17511778 take effect without the approval of the Commission.
17521779 SECTION 12. NEW LAW A new section of law to be codified
17531780 in the Oklahoma Statutes as Section 6-231 of Title 43A, unless there
17541781 is created a duplication in numbering, read s as follows:
17551782 ARTICLE XII
17561783 Oversight, Dispute Resolution, and Enforcement
17571784 A. Oversight
17581785
1759-ENGR. H. B. NO. 2723 Page 36 1
1786+HB2723 HFLR Page 36
1787+BOLD FACE denotes Committee Amendments. 1
17601788 2
17611789 3
17621790 4
17631791 5
17641792 6
17651793 7
17661794 8
17671795 9
17681796 10
17691797 11
17701798 12
17711799 13
17721800 14
17731801 15
17741802 16
17751803 17
17761804 18
17771805 19
17781806 20
17791807 21
17801808 22
17811809 23
17821810 24
17831811
17841812 1. The executive, legislative, and judicial branches of state
17851813 government in each member state shall enforce this compact and take
17861814 all actions necessary and appropr iate to effectuate the compact's
17871815 purposes and intent. The provisions of this compact and the rules
17881816 promulgated hereunder shall have standing as statutory law.
17891817 2. All courts shall take judicial notice of the compact and the
17901818 rules in any judicial or administ rative proceeding in a member state
17911819 pertaining to the subject matter of this compact which may affect
17921820 the powers, responsibilities, or actions of the Commission.
17931821 3. The Commission shall be entitled to receive service of
17941822 process in any such proceeding and s hall have standing to intervene
17951823 in such a proceeding for all purpose s. Failure to provide service
17961824 of process to the Commission shall render a judgment or order void
17971825 as to the Commission, this compact, or promulgated rules.
17981826 B. Default, technical assistance, and termination
17991827 1. If the Commission determines that a member state has
18001828 defaulted in the performa nce of its obligations or responsibilities
18011829 under this compact or the promulgated rules, the Commission shall:
18021830 a. provide written notice to the defaulting state and
18031831 other member states of the nature of the default, the
18041832 proposed means of curing the default, and any other
18051833 action to be taken by the Commission, and
18061834 b. provide remedial training and specific technical
18071835 assistance regarding the default.
18081836
1809-ENGR. H. B. NO. 2723 Page 37 1
1837+HB2723 HFLR Page 37
1838+BOLD FACE denotes Committee Amendments. 1
18101839 2
18111840 3
18121841 4
18131842 5
18141843 6
18151844 7
18161845 8
18171846 9
18181847 10
18191848 11
18201849 12
18211850 13
18221851 14
18231852 15
18241853 16
18251854 17
18261855 18
18271856 19
18281857 20
18291858 21
18301859 22
18311860 23
18321861 24
18331862
18341863 C. If a state in default fails to cu re the default, the
18351864 defaulting state may be terminated from the compact upo n an
18361865 affirmative vote of a majority of the member states, and all rights,
18371866 privileges and benefits conferred by this compact may be terminated
18381867 on the effective date of termination. A cure of the default does
18391868 not relieve the offending state of obligations or liabilities
18401869 incurred during the period of default.
18411870 D. Termination of membership in the compact shall be imposed
18421871 only after all other me ans of securing compliance have been
18431872 exhausted. Notice of intent to suspend or terminate shall be given
18441873 by the Commission to the governor, the majority and minority leaders
18451874 of the defaulting state's legislature, and each of the member
18461875 states.
18471876 E. A state that has been terminated is responsible for all
18481877 assessments, obligati ons, and liabilities incurred through the
18491878 effective date of termination, including obligations that extend
18501879 beyond the effective date of termination.
18511880 F. The Commission shall not bear any cos ts related to a state
18521881 that is found to be in default or that has be en terminated from the
18531882 compact, unless agre ed upon in writing between the Commission and
18541883 the defaulting state.
18551884 G. The defaulting state may appeal the a ction of the Commission
18561885 by petitioning the United States District Court for the District of
18571886 Columbia or the federa l district where the Commission has its
18581887
1859-ENGR. H. B. NO. 2723 Page 38 1
1888+HB2723 HFLR Page 38
1889+BOLD FACE denotes Committee Amendments. 1
18601890 2
18611891 3
18621892 4
18631893 5
18641894 6
18651895 7
18661896 8
18671897 9
18681898 10
18691899 11
18701900 12
18711901 13
18721902 14
18731903 15
18741904 16
18751905 17
18761906 18
18771907 19
18781908 20
18791909 21
18801910 22
18811911 23
18821912 24
18831913
18841914 principal offices. The prevailing member shall be awarded a ll costs
18851915 of such litigation, including rea sonable attorney fees.
18861916 H. Dispute resolution
18871917 1. Upon request by a member state, the Commission shall attempt
18881918 to resolve disputes r elated to the compact that arise among member
18891919 states and between member and non -member states.
18901920 2. The Commission shall prom ulgate a rule providing for both
18911921 mediation and binding dispute resolution for disputes as
18921922 appropriate.
18931923 I. Enforcement
18941924 1. The Commission, in the reasonable exercise of its
18951925 discretion, shall enforce the provisions and rules of this compact.
18961926 2. By majority vote, the commission may initiate legal action
18971927 in the United States District Court for the District of Columbia or
18981928 the federal district where the Commission has its principal offices
18991929 against a member state in defa ult to enforce compliance with the
19001930 provisions of the compact and it s promulgated rules and bylaws. The
19011931 relief sought may include both injunctive relief and damages. In
19021932 the event judicial enforcement is necessary, the prevailing member
19031933 shall be awarded all costs of such litigation, including reasonable
19041934 attorney fees.
19051935 3. The remedies herein shall not be the exclusive remedies of
19061936 the Commission. The commission may pursue any other remedies
19071937 available under federal or state law.
19081938
1909-ENGR. H. B. NO. 2723 Page 39 1
1939+HB2723 HFLR Page 39
1940+BOLD FACE denotes Committee Amendments. 1
19101941 2
19111942 3
19121943 4
19131944 5
19141945 6
19151946 7
19161947 8
19171948 9
19181949 10
19191950 11
19201951 12
19211952 13
19221953 14
19231954 15
19241955 16
19251956 17
19261957 18
19271958 19
19281959 20
19291960 21
19301961 22
19311962 23
19321963 24
19331964
19341965 SECTION 13. NEW LAW A new section of law to be codified
19351966 in the Oklahoma Statutes as Section 6-232 of Title 43A, unless there
19361967 is created a duplication in numbering, reads as follows:
19371968 ARTICLE XIII
19381969 Date of Implementation of Counseling Compact Commission and
19391970 Associated Rules, Withdrawal, and Amendment
19401971 A. The compact shall come into effect on the date on which the
19411972 compact statute is enacted into la w. The provisions, which become
19421973 effective at that time, shall be limited to the powers granted to
19431974 the Commission relating to assembly and the promulgati on of rules.
19441975 Thereafter, the Commission shall meet and exercise rulemaking powers
19451976 necessary to the implementation and administration of the compact.
19461977 B. Any state that joins the compact subsequent to the
19471978 Commission's initial adoption of the rules shall be subject t o the
19481979 rules as they exist on the date on which the co mpact becomes law in
19491980 that state. Any rule that has been previously adopted by the
19501981 Commission shall have the full force and effect of law on the day
19511982 the compact becomes law in that state.
19521983 C. Any member state may withdraw from this compact by enacting
19531984 a statute repealing the same.
19541985 1. A member state's withdrawal shall not take effect until six
19551986 (6) months after enactment of the repealing statute.
19561987 2. Withdrawal shall not affect the continuing requirement of
19571988 the withdrawing state's professional counseling licensi ng board to
19581989
1959-ENGR. H. B. NO. 2723 Page 40 1
1990+HB2723 HFLR Page 40
1991+BOLD FACE denotes Committee Amendments. 1
19601992 2
19611993 3
19621994 4
19631995 5
19641996 6
19651997 7
19661998 8
19671999 9
19682000 10
19692001 11
19702002 12
19712003 13
19722004 14
19732005 15
19742006 16
19752007 17
19762008 18
19772009 19
19782010 20
19792011 21
19802012 22
19812013 23
19822014 24
19832015
19842016 comply with the investigative and adverse action reporting
19852017 requirements of this compact prior to the effective date of
19862018 withdrawal.
19872019 D. Nothing contained in this compact shall be construed to
19882020 invalidate or prevent any professional counseling licens ure
19892021 agreement or other coo perative arrangement between a member state
19902022 and a non-member state that does not conflict with the provisions of
19912023 this compact.
19922024 E. This compact may be amended by the memb er states. No
19932025 amendment to this compact shall become effectiv e and binding upon
19942026 any member state until it is enacted into the l aws of all member
19952027 states.
19962028 SECTION 14. NEW LAW A new section of law to be codified
19972029 in the Oklahoma Statute s as Section 6-233 of Title 43A, unless there
19982030 is created a duplication in numberin g, reads as follows:
19992031 ARTICLE XIV
20002032 Construction and Severability
20012033 This compact shall be liberally construed so as to effectuate
20022034 the purposes thereof. The provisions of this compact shall be
20032035 severable and if any phrase, clause, sentenc e, or provision of this
20042036 compact is declared to be contrary to the constitution of any member
20052037 state or of the United States or the applicability thereof to any
20062038 government, agency, person, or circumstance is held invalid, the
20072039 validity of the remainder of this compact and the applicability
20082040
2009-ENGR. H. B. NO. 2723 Page 41 1
2041+HB2723 HFLR Page 41
2042+BOLD FACE denotes Committee Amendments. 1
20102043 2
20112044 3
20122045 4
20132046 5
20142047 6
20152048 7
20162049 8
20172050 9
20182051 10
20192052 11
20202053 12
20212054 13
20222055 14
20232056 15
20242057 16
20252058 17
20262059 18
20272060 19
20282061 20
20292062 21
20302063 22
20312064 23
20322065 24
20332066
20342067 thereof to any government, agency , person, or circumstance shall not
20352068 be affected thereby. If this compact shall be held con trary to the
20362069 constitution of any member state, the compact shall remain in full
20372070 force and effect as to the remaining member states and in full force
20382071 and effect as to the member state affected as to all severable
20392072 matters.
20402073 SECTION 15. NEW LAW A new section of law to be codified
20412074 in the Oklahoma Statutes as Section 6-234 of Title 43A, unless there
20422075 is created a duplication in numbering, reads as follow s:
20432076 ARTICLE XV
20442077 Binding Effect of Compact and Other Laws
20452078 A. A licensee providing professional counseling services in a
20462079 remote state under the privilege to practice s hall adhere to the
20472080 laws and regulations, including scope of practice, of the remote
20482081 state.
20492082 B. Nothing herein prevents the enforcement of any other law of
20502083 a member state that is not inconsistent with the compac t.
20512084 C. Any laws in a member state in conflict with the compact are
20522085 superseded to the extent of the conflict.
20532086 D. Any lawful actions of the Commission, including all rules
20542087 and bylaws properly promulgated by the Commission, are binding upon
20552088 the member states.
20562089 E. All permissible agreements between the Commission and the
20572090 member states are binding in accordance with their terms.
20582091
2059-ENGR. H. B. NO. 2723 Page 42 1
2092+HB2723 HFLR Page 42
2093+BOLD FACE denotes Committee Amendments. 1
20602094 2
20612095 3
20622096 4
20632097 5
20642098 6
20652099 7
20662100 8
20672101 9
20682102 10
20692103 11
20702104 12
20712105 13
20722106 14
20732107 15
20742108 16
20752109 17
20762110 18
20772111 19
20782112 20
20792113 21
20802114 22
20812115 23
20822116 24
20832117
20842118 F. In the event any provision of the compact exceeds the
20852119 constitutional limits imposed on t he legislature of any member
20862120 state, the provision shall be ineffective to the extent of the
20872121 conflict with the constituti onal provision in question in that
20882122 member state.
20892123 SECTION 16. This act shall become effective November 1, 2023.
2090-Passed the House of Representatives the 22nd day of March, 2023.
2091-
2092-
2093-
2094-
2095- Presiding Officer of the House
2096- of Representatives
2097-
2098-
2099-
2100-Passed the Senate the ____ day of __________, 2023.
2101-
2102-
2103-
2104-
2105- Presiding Officer of the Senate
2106-
2107-
2124+
2125+COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
2126+02/22/2023 - DO PASS.