An Act
ENROLLED SENATE
BILL NO. 575 By: Stephens of the Senate
and
Randleman and Hefner of the
House
An Act relating to professions and occupati ons;
creating the Janet Phillips Act of 2023; p roviding
short title; enacting the Counseling Compact and
authorizing Governor to enter into compac t with
certain jurisdictions; setting forth form of certain
compact; providing for codification; providing for
noncodification; and providing an effective date .
SUBJECT: Counseling Compact
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Janet Phillips
Act of 2023”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1921.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
The Counseling Compact is hereby enacted into law and the
Governor shall enter into a compact on behalf of the State of
Oklahoma with any jurisdiction legally joined therein, in the form
substantially as set forth in Section 2 of this ac t.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1921.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
SECTION 1: PURPOSE
The purpose of this Compact is to facilitate interstate practice
of Licensed Professional Counselors with the g oal of improving
public access to Professional Counseling services. The practice of
Professional Counseling occurs in the State where the client is
located at the time of the counseling services. The Compact
preserves the regulatory authority of States t o protect public
health and safety through the current system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Professional Counseling services
by providing for the mutual recognition of othe r Member State
licenses;
B. Enhance the States’ ability to protect the public ’s health
and safety;
C. Encourage the cooperation of Member States in regulating
multistate practice for Licensed Professional Counselors;
D. Support spouses of relocating Active Duty Military
personnel;
E. Enhance the exchange of licensure, investigative, and
disciplinary information among Member States;
F. Allow for the use of Telehealth technology to facilitate
increased access to Professional Counseling services;
G. Support the uniformity of Professional Counseling licensure
requirements throughout the States to promote public safety and
public health benefits;
H. Invest all Member States with the authority to hold a
Licensed Professional Counselor accountable for meeting all State
practice laws in the State in which the client is located at the
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time care is rendered through the mutual recognition of Member State
licenses;
I. Eliminate the necessity for l icenses in multiple States; and
J. Provide opportunities for interstate practice by Licensed
Professional Counselors who meet uniform licensure requirements.
SECTION 2: DEFINITIONS
As used in this Compact, and except as otherwis e provided, the
following definitions shall apply:
A. “Active Duty Military” means full-time duty status in the
active uniformed service of the United States, including members of
the National Guard and Reserve on active duty orders pursuant to 10
U.S.C. Chapters 1209 and 1211.
B. “Adverse Action” means any administra tive, civil, equitable,
or criminal action permitted by a State’s laws which is imposed by a
Licensing Board or other authority against a Licensed Professional
Counselor, including actions against an individual ’s license or
Privilege to Practice such as rev ocation, suspension, probation,
monitoring of the licensee, limitation on the licensee’s practice,
or any other Encumbrance on licensure affecting a Licensed
Professional Counselor ’s authorization to practice, including
issuance of a cease and desist action.
C. “Alternative Program” means a non-disciplinary monitoring or
practice remediation process approved by a Professional Counseling
Licensing Board to address Impaired Practitioners.
D. “Continuing Competence/Education ” means a requirement, as a
condition of license renewal, to provide ev idence of participation
in, and/or completion of, educational and professional activities
relevant to practice or area of work.
E. “Counseling Compact Commission ” or “Commission” means the
national administrative body whose membership consists of all States
that have enacted the Compact.
F. “Current Significant Investigative Information ” means:
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1. Investigative Information that a Licensing Board, after a
preliminary inquiry that includes notification and an opportunit y
for the Licensed Professional Counselor to respond, if required by
State law, has reason to believe is not groundless and, if proved
true, would indicate more than a minor infraction; or
2. Investigative Information that indicates that the Licensed
Professional Counselor represents an immediate threat to public
health and safety regardless of whether the Licensed Professional
Counselor has been notified and had an opportunity to respond.
G. “Data System” means a repository of information about
Licensees, including, but not limited to, continuing education,
examination, licensure, investigative, Privilege to Practice , and
Adverse Action information.
H. “Encumbered License” means a license in which an Adverse
Action restricts the practice of Professional Counseling by the
Licensee and said Adverse Action has been reported to the National
Practitioner Data Bank (NPDB).
I. “Encumbrance” means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of Professional
Counseling by a Licensing Board.
J. “Executive Committee” means a group of directors elected or
appointed to act on behalf of, and within the powers granted to them
by, the Commission.
K. “Home State” means the Member State that is the License e’s
primary State of resid ence.
L. “Impaired Practitioner” means an individual who has a
condition(s) that may impair his or her ability to practice as a
Licensed Professional Counselor without some type of intervention
and may include, but are not lim ited to, alcohol and drug
dependence, mental health impairment, and neurological or physical
impairments.
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M. “Investigative Information ” means information, records, and
documents received or generated by a Professional Counseling
Licensing Board pursuant to an investi gation.
N. “Jurisprudence Requirement” if required by a Member State,
means the assessment of an individual’s knowledge of the laws and
Rules governing the practice of Professional Counseling in a State.
O. “Licensed Professional Counselor” means a counselor licensed
by a Member State, regardless of the title used by that State, to
independently assess, diagnose, and treat behavioral health
conditions.
P. “Licensee” means an individual who currently holds an
authorization from the State to practice as a Licensed Professional
Counselor.
Q. “Licensing Board” means the agency of a State, or
equivalent, that is responsible for the licensing and regulation of
Licensed Professional Counselors.
R. “Member State” means a State that has enacted th e Compact.
S. “Privilege to Practice” means a legal authoriz ation, which
is equivalent to a license, permitting the practice of Professional
Counseling in a Remote State.
T. “Professional Counseling ” means the assessment, diagnosis,
and treatment of behavioral health conditions by a Licensed
Professional Counselor .
U. “Remote State” means a Member State other than the Home
State, where a Licensee is exercising or seeking to exercise the
Privilege to Practice.
V. “Rule” means a regulation promulgated by the Commission that
has the force of law.
W. “Single State License” means a Licensed Professional
Counselor license issued by a Member State that authorizes practice
only within the issuing State and does not include a Privilege to
Practice in any other Member State.
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X. “State” means any state, commonwealth, distr ict, or
territory of the United States of America that regulates the
practice of Professional Counseling.
Y. “Telehealth” means the application of telecommunicatio n
technology to deliver Professional Counselin g services remotely to
assess, diagnose, and t reat behavioral health conditions.
Z. “Unencumbered License” means a license that authorizes a
Licensed Professional Counselor to engage in the full and
unrestricted practice of Professional Counseling.
SECTION 3: STATE PARTICIPATION IN THE COMPACT
A. To Participate in the Compact, a State must currently:
1. License and regulate Licensed Professional Counselo rs;
2. Require Licensees to pass a nationally recognized exam
approved by the Commission;
3. Require Licensees to have a 60-semester-hour (or 90-quarter-
hour) master’s degree in counseling or 60 semester hours (or 90
quarter hours) of graduate course work including the following topic
areas:
a. Professional Counseling Orientation and Ethical
Practice;
b. Social and Cultural Diversity;
c. Human Growth and Development;
d. Career Development;
e. Counseling and Helping Relationships ;
f. Group Counseling and Group Work ;
g. Diagnosis and Treatment; Assessment and Testing;
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h. Research and Program Ev aluation; and
i. Other areas as determined by the Commissi on;
4. Require Licensees to complete a supervised postgraduate
professional experience as defined by the Commission; and
5. Have a mechanism in place for receiving and investigating
complaints about Licensees.
B. A Member State shall:
1. Participate fully in the Commission’s Data System, including
using the Commission’s unique identifier as defined in Rules;
2. Notify the Commission, in compliance with the terms of the
Compact and Rules, o f any Adverse Action or the availability of
Investigative Inform ation regarding a Licensee;
3. Implement or utilize procedures for considering the criminal
history records of applicants for an initial Privilege to Practice.
These procedures shall includ e the submission of fingerprints or
other biometric-based information by applicants for the purpose of
obtaining an applicant’s criminal history record information from
the Federal Bureau of Investigation and the agency responsible for
retaining that State’s criminal records.
a. A member state must fully implement a cri minal
background check requirement, within a time frame
established by rule, by receiving the results of the
Federal Bureau of Investigation record search and
shall use the results in making licensure decisions.
b. Communication between a Member State, the Commission,
and among Member States regarding the verification of
eligibility for licensure through the Compact shall
not include any information r eceived from the Federal
Bureau of Investigation relating to a f ederal criminal
records check performed by a Member State under Public
Law 92-544;
4. Comply with the Rules of the Commission;
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5. Require an applicant to obtain or retain a license in the
Home State and meet the Home State’s qualifications for licensure or
renewal of licensure, as well as all other applicable State laws;
6. Grant the Privilege to Practice to a Licensee holding a
valid Unencumbered License in another Member State in accordance
with the terms of the Compact and Rules; and
7. Provide for the attendance of the State’s commissioner to
the Counseling Compact Commission meetings.
C. Member States may charge a fee for granting the Privilege to
Practice.
D. Individuals not residing in a Member State shall continue t o
be able to apply for a Memb er State’s Single State License as
provided under the laws of each Member State. However, the Single
State License granted to these individuals shall not be recognized
as granting a Privilege to Practice Professional Counselin g in any
other Member State.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
F. A license issued to a Licensed Professional Counselor by a
Home State to a resident in that State shall be recognized by each
Member State as authorizing a Licensed Professional Counselor to
practice Professional Counseling, under a Privilege to Practice, in
each Member State.
SECTION 4: PRIVILEGE TO PRACTICE
A. To exercise the Privilege t o Practice under the terms and
provisions of the Compact, the Licensee shall:
1. Hold a license in the Home State;
2. Have a valid United States Social Security Number or
National Practitioner Identifier;
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3. Be eligible for a Privilege to Practice in any Member State
in accordance with Section 4D, G, and H;
4. Have not had any Encumbrance or restriction against any
license or Privilege to Practice within the previous two (2) years;
5. Notify the Commission that the Licensee is seeking the
Privilege to Practice within a Remote State(s);
6. Pay any applicable fees, includi ng any State fee, for the
Privilege to Practice;
7. Meet any Continuing Competence/Education requirement s
established by the Home State;
8. Meet any Jurisprudence Requirements established by the
Remote State(s) in which the Licensee is seeking a Privileg e to
Practice; and
9. Report to the Commission any Adverse Action, Encumbrance, or
restriction on his or her license taken by any non -Member State
within 30 days from the date the action is taken.
B. The Privilege to Pra ctice is valid until the expiratio n date
of the Home State license. The Licensee must comply with the
requirements of Section 4 A to maintain the Privilege to Practice in
the Remote State.
C. A Licensee providing Professional Counseling in a Remote
State under the Privilege to Practice shall adhere to the laws and
regulations of the Remote State.
D. A Licensee providing Professional Counseling services in a
Remote State is subject to that State’s regulatory authority. A
Remote State may, in accordance with due process and that State’s
laws, remove a Licensee’s Privilege to Practice in the Remote State
for a specific period of time, impose fines, and/or take any other
necessary actions to pr otect the health and safety of its citizens.
The Licensee may be ineligible for a Privilege to Practice in any
Member State until the specific time for removal has passed and all
fines are paid.
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E. If a Home State license is encumbered, the Licensee shall
lose the Privilege to Practice in any Remote State until the
following occur:
1. The Home State license is no longer encumbered; and
2. The Licensee has not had any Encumbrance or restriction
against any license or Privilege to Practice within the previous two
(2) years.
F. Once an Encumbered License in the Home State is resto red to
good standing, the Licensee must meet the requirements of Section 4A
to obtain a Privilege to Practice in any Remote State.
G. If a Licensee’s Privilege to Practice in any Remote Stat e is
removed, the individual may lose the Privilege to Practice in all
other Remote States until the following occur:
1. The specific period of time for which the Privilege to
Practice was removed has ended;
2. All fines have been paid; and
3. The Licensee has not had any Encumbrance or restriction
against any license or Privilege to Practice within the previous two
(2) years.
H. Once the requirements of Section 4 G have been met, the
Licensee must meet the requirements in Section 4 A to obtain a
Privilege to Practice in a Remote State.
SECTION 5: OBTAINING A NEW HOME S TATE LICENSE BASED ON A
PRIVILEGE TO PRACTICE
A. A Licensed Professional Counselor may hold a Ho me State
license, which allows for a Privilege to Practice in other Member
States, in only one Member State at a time.
B. If a Licensed Professional Counselor changes primary State
of residence by moving between two Member States:
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1. The Licensed Professional Counselor shall file an
application for obtain ing a new Home State license bas ed on a
Privilege to Practice, pay all applicable fees, and notify the
current and new Home State in accordance with applicable Rules
adopted by the Commission.
2. Upon receipt of an application for obtaining a new Home
State license by virtue of a Privilege to Practice, the new Home
State shall verify that the Licensed Professi onal Counselor meets
the pertinent criteria outlined in Section 4 via the Data System,
without need for primary source ver ification except for:
a. a Federal Bureau of Investigatio n fingerprint based
criminal background check if not previously performed
or updated pursuant to applicable rules adopted by the
Commission in accordance with Public Law 92 -544;
b. other criminal background check as required by the new
Home State; and
c. completion of any requisite Jurisprudence Requirements
of the new Home State.
3. The former Home State shall convert the former Home State
license into a Privilege to Practice once the new Home State has
activated the new Home State license in accordance with applicable
Rules adopted by the Commission.
4. Notwithstanding any other provision of this Compact, if the
Licensed Professional Counselor cannot meet the criteria in Section
4, the new Home State may apply its requirements for issuing a new
Single State License.
5. The Licensed Professional Counselor shall pay all applicable
fees to the new Home State in order to be issued a new Home State
license.
C. If a Licensed Professional Counselor changes Primary State
of Residence by moving from a Member State to a non-Member State, or
from a non-Member State to a Member State, the State criteria shall
apply for issuance of a Single State License in the new State.
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D. Nothing in this Compact shall interfere with a Licensee ’s
ability to hold a Single St ate License in multiple States, however
for the purposes of this Compact, a Licensee shall have only one
Home State license.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
SECTION 6: ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active Duty Military pe rsonnel, or their spouse, shall designate
a Home State where the individual has a current license in good
standing. The individual may retain the Home State designation
during the period the service member is on active duty. Subsequent
to designating a Home State, the individual shall only change his or
her Home State through application for licensure in the new State,
or through the process outlined i n Section 5.
SECTION 7: COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
A. Member States shall recognize the r ight of a Licensed
Professional Counselor, licensed by a Home State in accordance with
Section 3 and under Rules promulgated by the Commission, to practice
Professional Counseling in any Member State via Telehealth under a
Privilege to Practice as provided in the Compact and Rules
promulgated by the Commission.
B. A Licensee providing Professional Counseling services in a
Remote State under the Privilege to Practice s hall adhere to the
laws and regulations of the Remote State.
SECTION 8: ADVERSE ACTIONS
A. In addition to the other powers conferred by State law, a
Remote State shall have the authority, in accordance with existing
State due process law, to:
1. Take Adverse Action against a Licensed Professional
Counselor’s Privilege to Practice within that Member State; and
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2. Issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses as well as the
production of evidence. Subpoenas issued by a Licensing Board in a
Member State for the attendance and testim ony of witnesses or the
production of evidence from another Member State shall be enforced
in the latter State by any court of competent jurisdiction,
according to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before it. The issuing
authority shall pay any witness fees, travel expenses, mileage, and
other fees required by the service statutes of the State in which
the witnesses or evidence are located.
3. Only the Home State shall have the power to take Adv erse
Action against a Licensed Professional Counselor’s license issued by
the Home State.
B. For purposes of taking Adverse Action, the Home State shall
give the same priority and effect to reported conduct received from
a Member State as it would if the conduct had occurred within the
Home State. In so doing, the Home State shall apply its own State
laws to determine appropriate action.
C. The Home State shall complete any pending investigations of
a Licensed Professional Counselor who changes primary S tate of
residence during the course of the investigations. The Home State
shall also have the authority to take appropriate action(s) and
shall promptly report the conclusions of the investigations to the
administrator of the Data System. The administrator of the
coordinated licensure information system shall promptly notify the
new Home State of any Adverse Actions.
D. A Member State, if otherwise permi tted by State law, may
recover from the affected Licensed Professional Counselor the costs
of investigations and dispositions of cases resulting from any
Adverse Action taken against that Licensed Professional Counselor.
E. A Member State may t ake Adverse Action based on the factual
findings of the Remote State, provided that the Member State follows
its own procedures for taking the Adverse Action.
F. Joint Investigations.
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1. In addition to the authority granted to a Member Stat e by
its respective Profes sional Counseling practice act or other
applicable State law, any Member State may participate with other
Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or
compliance materials in furtherance of any joint or individual
investigation initiated under the Compact.
G. If Adverse Action is take n by the Home State against the
license of a Licensed Professional Counselor, the Licensed
Professional Counselor ’s Privilege to Practice in all other Member
States shall be deactivated until all Encumbrances hav e been removed
from the State license. All Home State disciplinary orders that
impose Adverse Action against the license of a Licensed Professional
Counselor shall include a Statement that the Licensed Professional
Counselor’s Privilege to Practice is deactivated in all Member
States during the pendency of the order.
H. If a Member State takes Adverse Action, it shall promptly
notify the administrator of the Data System. The administrator of
the Data System shall promptly not ify the Home State of any Adverse
Actions by Remote States.
I. Nothing in this Compact shall override a Member State’s
decision that participation in an Alternative Program may be used in
lieu of Adverse Action.
SECTION 9: ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
A. The Compact Member States hereby create and establish a
joint public agency known as the Counseling Compact Commission:
1. The Commission is an instrumentality of the Compact States.
2. Venue is proper and judicial proceedings by or against the
Commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the Commission
is located. The Commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings.
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3. Nothing in this Compact shall be construed to be a waiver of
sovereign immunity.
B. Membership, Voting, and Meetings .
1. Each Member State shall have and be limited to one (1)
delegate selected by that Member State’s Licensing Board.
2. The delegate shall be eithe r:
a. A current member of the Licensing Board at the time of
appointment, who is a Licensed Professional Counselor
or public member; or
b. An administrator of the Licensing Board.
3. Any delegate may be removed or suspended from office as
provided by the law of the State from which the delegate is
appointed.
4. The Member State Licensing Board shall fill any vacancy
occurring on the Commission within sixty (60) days.
5. Each delegate shall be entitled to one (1) vote with regard
to the promulgation of Rules and creation of bylaws and shall
otherwise have an opportunity to participate in the business and
affairs of the Commission.
6. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates ’
participation in meetings by telephone or other means of
communication.
7. The Commission shall meet at least once during each calendar
year. Additional meetings shall be held as set forth in the bylaws.
8. The Commission shall by Rule establish a term of office for
delegates and may by Rule establish term limits.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
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2. Establish bylaws;
3. Maintain its financial records in accordance with the
bylaws;
4. Meet and take such actions as are consistent with the
provisions of this Compact and the bylaws;
5. Promulgate Rules which shall be binding to the extent and in
the manner provided for in the Compact;
6. Bring and prosecute lega l proceedings or actions in the name
of the Commission, provided that the standing of any State Licensing
Board to sue or be sued under applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of pers onnel,
including, but not limited to, employees of a Member State;
9. Hire employees, elect or appoint officers, fix compens ation,
define duties, grant such individuals appropriate authority to carry
out the purposes of the Compact, and establish the Commission’s
personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related pe rsonnel matters;
10. Accept any and all appropriate donations and grants of
money, equipment, supplies, materials, and services, a nd to receive,
utilize, and dispose of the same; provided that at all times the
Commission shall avoid any appearance of imp ropriety and/or conflict
of interest;
11. Lease, purchase, accept appropriate gifts or donations of,
or otherwise own, hold, improve, or use, any property, real,
personal, or mixed; provided that at all times the Commission shall
avoid any appearance of impropriety;
12. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or m ixed;
13. Establish a budget and make expenditures;
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14. Borrow money;
15. Appoint committees, including standing com mittees composed
of members, State regulators, State legislators or their
representatives, consumer representatives, and such other inter ested
persons as may be designated in this Compact and the bylaws;
16. Provide and receive information from, and coop erate with,
law enforcement agencies;
17. Establish and elect an Executive Committee; and
18. Perform such other functions as may be nec essary or
appropriate to achieve the purposes of this Compact consistent with
the State regulation of Professional C ounseling licensure an d
practice.
D. The Executive Committee .
1. The Executive Committee shall have the power to act on
behalf of the Commission according to the terms of this Compact.
2. The Executive Committee shall be composed of up to eleven
(11) members:
a. Seven voting members who are elected by the Commission
from the current membership of the Commission; and
b. Up to four ex-officio, nonvoting members from four
recognized national professional counselor
organizations.
c. The ex-officio members will be selected by their
respective organizations.
3. The Commission may remove any member of the Executive
Committee as provided in bylaws.
4. The Executive Committee shall meet at least annually.
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5. The Executive Committee shall have the follo wing duties and
responsibilities:
a. Recommend to the entire Commission changes to the
Rules or bylaws, changes to this Compact legislation,
fees paid by Compact Member States such as annual
dues, and any Commission Compact fee charged to
Licensees for the Privilege to Practice;
b. Ensure Compact administration services are
appropriately provid ed, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of Me mber States and
provide compliance reports to the Commission;
f. Establish additional committ ees as necessary; and
g. Other duties as provided in Rules or bylaws.
E. Meetings of the Commission.
1. All meetings shall be open to the public, and public notice
of meetings shall be given in the same manner as required under the
Rulemaking provisions in Section 11.
2. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed, non-public
meeting if the Commission or Executive Committee or other committees
of the Commission must discuss:
a. Non-compliance of a Member State with its obligations
under the Compact;
b. The employment, compensation, discipline or other
matters, practices or procedures related to specific
employees, or other matters related to the
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Commission’s internal personnel practices and
procedures;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring
any person;
f. Disclosure of trade secrets or commercial or financial
information that is privi leged or confidential;
g. Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy;
h. Disclosure of investigative records compiled for law
enforcement purposes;
i. Disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the
Commission or other committee charged with
responsibility of investigation or determination of
compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by
federal or Member State statute.
3. If a meeting, or portion of a meeting, is closed pursuant to
this provision, the Commission’s legal counsel or designee shall
certify that the meeting may be closed and shall reference each
relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore,
including a description of th e views expressed. All documents
considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
ENR. S. B. NO. 575 Page 20
under seal, subject to release by a majority vote of the Commission
or order of a court of competent jurisdiction.
F. Financing of the Commission.
1. The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing
activities.
2. The Commission may accept any and all approp riate revenue
sources, donations, and grants of money, equipment, supplies,
materials, and services.
3. The Commission may levy on and collect an annual assessment
from each Member State or impose fees on other parties to cover the
cost of the operations and activities of the Commission and its
staff, which must be in a total amount sufficient to cover its
annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment amount
shall be allocated based upon a formula to be determined by the
Commission, which shall promulgate a Rule binding upon all Member
States.
4. The Commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any of the Member States, except by
and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Commission
shall be subject to the a udit and accounting procedures established
under its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a certified or
licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification .
1. The members, officers , executive director, employees , and
representatives of the Commission shall be immune from suit and
liability, either pe rsonally or in their official capacity, for any
claim for damage to or loss of property or personal injury or other
ENR. S. B. NO. 575 Page 21
civil liability caus ed by or arising out of any actual or alleged
act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties , or
responsibilities; provi ded that nothing in this paragraph shall be
construed to protect any such person from suit and/or liability for
any damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person.
2. The Commission shall defen d any member, officer, executive
director, employee, or representative of the Commission in any civil
action seeking to impose liability arising out of any actual or
alleged act, error, or omission that occurred within the scope of
Commission employment, du ties, or responsibilities, or that the
person against whom the claim is made had a reasonable basis for
believing occurred within the scope of Commission employment,
duties, or responsibilities; provided that nothing herein shall be
construed to prohibit t hat person from retaining his or her own
counsel; and provided further, that the actual or alleged act,
error, or omission did not result from that person’s intentional or
willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless an y member,
officer, executive director, employee, or representative of the
Commission for the amount of any settlement or judgment obtained
against that person arising out of any actual or alleged act, error,
or omission that occurred within the scope of Co mmission employment,
duties, or responsibilities, or that such person had a reasonable
basis for believing occurred w ithin the scope of Commission
employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from the intentional
or willful or wanton misconduct of that person.
SECTION 10: DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, operation, and utilization of a coordinated database
and reporting system containing licensure, Adverse Action, and
Investigative Information on all licensed individuals in Member
States.
ENR. S. B. NO. 575 Page 22
B. Notwithstanding any other provision of State law to the
contrary, a Member State shall submit a uniform data set to the Data
System on all individuals to whom this Compact is applicable as
required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license or Privilege to Practice;
4. Non-confidential information related to Alternative Program
participation;
5. Any denial of application for licensure, and the reason(s)
for such denial;
6. Current Significant Investigative Information; and
7. Other information that may facilitate the administration of
this Compact, as determined by the Rules of the Commission.
C. Investigative Information pertaining to a Licensee in any
Member State will only be available to other Member States.
D. The Commission shall promptly notify all Member States of
any Adverse Action taken against a Licensee or an individual
applying for a license. Adverse Action information pertaining to a
Licensee in any Member S tate will be available to any other Member
State.
E. Member States contributing information to the Data System
may designate information that may not be shared with the public
without the express permission of the contributing State.
F. Any information submitted to the Data System that is
subsequently required to be expunged by the laws of the Member State
contributing the information shall be removed from the Data System.
SECTION 11: RULEMAKING
ENR. S. B. NO. 575 Page 23
A. The Commission shall promulgate reasonable Rules in order to
effectively and efficiently achieve the purpose of the Compact.
Notwithstanding the foregoing, in the event the Commission exercises
its Rulemaking authority in a manner that is beyond the scope of the
purposes of the Compact, or the powers granted hereunde r, then such
an action by the Commission shall be invalid and have no force or
effect.
B. The Commission shall exercise its Rulemaking powers pursuant
to the criteria set forth in this Section and the Rules adopted
thereunder. Rules and amendments shall become binding as of the
date specified in each Rule or amendment.
C. If a majority of the legislatures of the Member States
rejects a Rule, by enactment of a statute or resolution in the same
manner used to adopt the Compact within four (4) years of the date
of adoption of the Rule, then such Rule shall have no further force
and effect in any Member State.
D. Rules or amendments to the Rules shall be adopted at a
regular or special meeting of the Commission.
E. Prior to promulgation and adoption of a final Rule or Rules
by the Commission, and at least thirty (30) days in advance of the
meeting at which the Rule will be considered and voted upon, the
Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other p ublicly
accessible platform; and
2. On the website of each Member State Professional Counseling
Licensing Board or other publicly accessible platform or the
publication in which each State would otherwise publish proposed
Rules.
F. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in
which the Rule will be considered and voted upon;
2. The text of the proposed Rule or amendment and the reason
for the proposed Rule;
ENR. S. B. NO. 575 Page 24
3. A request for comments on the pr oposed Rule from any
interested person; and
4. The manner in which interested persons may submit notice to
the Commission of their intention to attend the public hearing and
any written comments.
G. Prior to adoption of a proposed Rule, the Commission sha ll
allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
H. The Commission shall grant an opportunity for a public
hearing before it adopts a Rule or amendment if a hearing is
requested by:
1. At least twenty-five (25) persons;
2. A State or federal governmental subdivision or agency; or
3. An association having at least twenty -five (25) members.
I. If a hearing is held on the proposed Rule or amendment, the
Commission shall publ ish the place, time, and date of the scheduled
public hearing. If the hearing is held via electronic means, the
Commission shall publish the mechanism for access to the electronic
hearing.
1. All persons wishing to be heard at the hearing shall notify
the executive director of the Commission or other designated member
in writing of their desire to appear and testify at the hearing not
less than five (5) business days before the scheduled date of the
hearing.
2. Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity to
comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will
be made available on request.
ENR. S. B. NO. 575 Page 25
4. Nothing in this Section shall be construed as requiring a
separate hearing on each Rule. Rules may be grouped for the
convenience of the Commission at hearings required by this Section.
J. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not held,
the Commission shall consider all written and oral comments
received.
K. If no written notice of intent to attend t he public hearing
by interested parties is received, the Commission may proceed with
promulgation of the proposed Rule without a public hearing .
L. The Commission shall, by majority vote of all members, take
final action on the proposed Rule and shall dete rmine the effective
date of the Rule, if any, based on the Rulemaking record and the
full text of the Rule.
M. Upon determination that an eme rgency exists, the Commission
may consider and adopt an emergency Rule without prior notice,
opportunity for commen t, or hearing, provided that the usual
Rulemaking procedures provided in the Compact and in this Section
shall be retroactively applied to th e Rule as soon as reasonably
possible, in no event later than ninety (90) days after the
effective date of the Rule . For the purposes of this provision, an
emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of an administrative
Rule that is established by federal law or Rule; or
4. Protect public health and safety.
N. The Commission or an authorized committee of the Commission
may direct revisions to a previously adopted Rule or amendment for
purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. The
ENR. S. B. NO. 575 Page 26
revision shall be subject to challenge by any person for a period of
thirty (30) days after posting. The revision may be challenged only
on grounds that the revision results in a material change to a Rule.
A challenge shall be made in writing and delivered to the chair of
the Commission prior to the end of the notice period. If no
challenge is made, the revision will take effect without further
action. If the revision is challenged, the revision may not take
effect without the approval of the Commission.
SECTION 12: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight.
1. The executive, legislative, and judicial branches of State
government in each Member State shall enforce this Compact and take
all actions necessary and appropriate to effectuate the Compact’s
purposes and intent. The provisions of this Compact and the Rules
promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Comp act and the
Rules in any judicial or administrative proceeding in a Member State
pertaining to the subject matter of this Compact which may affect
the powers, responsibilities, or actions of the Commissio n.
3. The Commission shall be entitled to receive s ervice of
process in any such proceeding and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide service
of process to the Commission shall render a judgment or order void
as to the Commission, this Compact, or promu lgated Rules.
B. Default, Technical Assistance, and Termination.
1. If the Commission determines that a Member State has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated Rules, the Commission shall :
a. Provide written notice to the defaulting State and
other Member States of the nature of the default, the
proposed means of curing the default , and/or any other
action to be taken by the Commission; and
ENR. S. B. NO. 575 Page 27
b. Provide remedial training and specific technic al
assistance regarding the default.
C. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon an
affirmative vote of a majority of the Member States, and all rights,
privileges, and benefits conferre d by this Compact may be terminated
on the effective date of termination. A cure of the default does
not relieve the offending State of obligations or liabilities
incurred during the period of default.
D. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the Commission to the governor, the majority and minority leaders
of the defaulting State ’s legislature, and each of the Member
States.
E. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
F. The Commission shall not bear any costs related to a State
that is found to be in default or that has been terminated from the
Compact, unless agreed upon in writing between the Commission and
the defaulting State.
G. The defaulting State may appeal the act ion of the Commission
by petitioning the United States District Court for the District of
Columbia or the federal district where the Commission has its
principal offices. The prevailing member shall be awarded all costs
of such litigation, including reaso nable attorney’s fees.
H. Dispute Resolution.
1. Upon request by a Member State, the Commission shall attempt
to resolve disputes related to the Compact that arise among Member
States and between member and non -Member States.
ENR. S. B. NO. 575 Page 28
2. The Commission shall pro mulgate a Rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
I. Enforcement.
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and Rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the District of Columbia or
the federal district where the Commission has its principal offices
against a Member State in default to enforce compliance with the
provisions of the Compact and its promulgated Rules and bylaws. The
relief sought may include both injunctive relief and damages. In
the event judicial enforcement is necessary, the prevailing member
shall be awarded all costs of such litigation, including re asonable
attorney’s fees.
3. The remedies herein shall not be the exclusive remedies of
the Commission. The Commission may pursue any other remedi es
available under federal or State law.
SECTION 13: DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT
COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effe ct on the date on which the
Compact statute is enacted into law in the tenth Member State. The
provisions, which become effective at that time, shall be limited to
the powers granted to the Commission relating to assembly and the
promulgation of Rules. Thereafter, the Commission shall meet and
exercise Rulemaking powers necessary to the implementation and
administration of the Compact.
B. Any State that joins the Co mpact subsequent to the
Commission’s initial adoption of the Rules shall be subject to the
Rules as they exist on the date on which the Compact becomes law in
that State. Any Rule that has been previously adopted by the
Commission shall have the full forc e and effect of law on the day
the Compact becomes law in that State.
ENR. S. B. NO. 575 Page 29
C. Any Member State may withdraw from this Compact by enacting
a statute repealing the same.
1. A Member State’s withdrawal shall not take effect until six
(6) months after enactment o f the repealing statute.
2. Withdrawal shall not affect the continuing requirement of
the withdrawing State’s Professional Counseling Licensing Board to
comply with the investigative and Adverse Action reporting
requirements of this act prior to t he effective date of withdrawa l.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any Professional Counseling licensure
agreement or other cooperative arrangement between a Member State
and a non-Member State that does not c onflict with the provisions o f
this Compact.
E. This Compact may be amended by the Member States . No
amendment to this Compact shall become effective and binding upon
any Member State until it is enacted into the laws of all Member
States.
SECTION 14: CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this Compact shall be
severable and if any phrase, clau se, sentence, or provision of this
Compact is declared to be contrary to t he Constitution of any M ember
State or of the United States or the applicability thereof to a ny
government, agency, person, or circumstance is held invalid, the
validity of the remaind er of this Compact and the applicability
thereof to any government, agen cy, person or circumstan ce shall not
be affected thereby. If this Compact shall be held contr ary to the
Constitution of any Member State, the Compact shall remain in full
force and effect as to the remaining Member States and in full force
and effect as to the Member State affec ted as to all severable
matters.
SECTION 15: BINDING EFFECT OF COMPAC T AND OTHER LAWS
A. A Licensee providing Professional Counseling services in a
Remote State under the Privilege to Practice shall adhere to the
ENR. S. B. NO. 575 Page 30
laws and regulations, including scope of practice, of the Remote
State.
B. Nothing herein prevents the enforce ment of any other law of
a Member State that is not inconsistent with the Compact.
C. Any laws in a Member State in conflict w ith the Compact are
superseded to the extent of the conflic t.
D. Any lawful actions of the Commission, including all Rules
and bylaws properly promul gated by the Commission, are binding upon
the Member States.
E. All permissible agreements between the Commission and the
Member States are binding in accordance wi th their terms.
F. In the event any provision of the Compact exceeds the
constitutional limits imposed on the legislature of any Member
State, the provision shall be ineffective to the extent of the
conflict with the constit utional provision in question i n that
Member State.
SECTION 4. This act shall become effective November 1 , 2023.
ENR. S. B. NO. 575 Page 31
Passed the Senate the 21st day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives th e 20th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __