PRINTER'S NO. 675
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.668
Session of
2025
INTRODUCED BY O'MARA, BRENNAN, PIELLI, SANCHEZ, HANBIDGE, HILL-
EVANS, CIRESI, GUENST, HOWARD, DONAHUE, SCHLOSSBERG,
HOHENSTEIN, KHAN, FIEDLER, SHUSTERMAN, FREEMAN, CEPEDA-
FREYTIZ, CERRATO, OTTEN, SMITH-WADE-EL, GREEN, STEELE, CURRY,
MADDEN, BOROWSKI, SAPPEY AND MATZIE, FEBRUARY 20, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 20, 2025
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Counseling Compact; and providing for the form of the
compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Counseling
Compact Legislation Act.
Section 2. Authority to execute compact.
The Governor, on behalf of the Commonwealth, is hereby
authorized to execute a compact in substantially the following
form with any one or more of the states of the United States,
and the General Assembly hereby signifies in advance its
approval and ratification of such compact:
COUNSELING COMPACT MODEL LEGISLATION
SECTION 1. PURPOSE
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16 The purpose of this Compact is to facilitate interstate practice
of Licensed Professional Counselors with the goal of improving
public access to Professional Counseling services. The practice
of Professional Counseling occurs in the State where the client
is located at the time of the counseling services. The Compact
preserves the regulatory authority of States to protect public
health and safety through the current system of 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 other 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 time care is rendered through the mutual recognition of
Member State licenses;
I. Eliminate the necessity for licenses in multiple States;
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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 otherwise 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 administrative, civil,
equitable or criminal action permitted by a State's laws which
is imposed by a licensing board or other authority against a
Licensed Professional Counselor, including actions against an
individual's license or Privilege to Practice such as
revocation, 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 evidence 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.
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30 F. "Current Significant Investigative Information" means:
1. Investigative Information that a Licensing Board,
after a preliminary inquiry that includes notification and an
opportunity for the Licensed Professional Counselor to
respond, if required by State law, has reason to believe is
not groundless and, if proved true, would 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 licensed Professional
Counseling by the Licensee and said Adverse Action has been
reported to the National Practitioners Data Bank (NPDB).
I. "Encumbrance" means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of Licensed
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
Licensee's primary State of residence.
L. "Impaired Practitioner" means an individual who has a
condition(s) that may impair their ability to practice as a
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30 Licensed Professional Counselor without some type of
intervention and may include, but are not limited to, alcohol
and drug dependence, mental health impairment, and neurological
or physical impairments.
M. "Investigative Information" means information, records,
and documents received or generated by a Professional Counseling
Licensing Board pursuant to an investigation.
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 the
Compact.
S. "Privilege to Practice" means a legal authorization,
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
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30 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.
X. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates the
practice of Professional Counseling.
Y. "Telehealth" means the application of telecommunication
technology to deliver Professional Counseling services remotely
to assess, diagnose, and treat 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
Counselors;
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;
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d. Career Development;
e. Counseling and Helping Relationships;
f. Group Counseling and Group Work;
g. Diagnosis and Treatment; Assessment and Testing;
h. Research and Program Evaluation; and
i. Other areas as determined by the Commission.
4. Require Licensees to complete a supervised
postgraduate professional experience as defined by the
Commission;
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, of any Adverse Action or the
availability of Investigative Information 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 include 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 criminal
background check requirement, within a time frame
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30 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 received from
the Federal Bureau of Investigation relating to a federal
criminal records check performed by a Member State under
Public Law 92-544.
4. Comply with the Rules of the Commission;
5. Require an applicant to obtain or retain a license 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
to be able to apply for a Member State's Single State License as
provided under the laws of each Member State. However, the
Single State License granted to these individuals shall not be
recognized as granting a Privilege to Practice Professional
Counseling in any other Member State.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
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30 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 to Practice under the terms and
provisions of the Compact, the Licensee shall:
1. Hold a license in the Home State;
2. Have a valid United States Social Security Number or
National Practitioner Identifier;
3. Be eligible for a Privilege to Practice in any Member
State in accordance with Section 4(D), (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, including any State fee, for
the Privilege to Practice;
7. Meet any Continuing Competence/Education requirements
established by the Home State;
8. Meet any Jurisprudence Requirements established by
the Remote State(s) in which the Licensee is seeking a
Privilege to Practice; and
9. Report to the Commission any Adverse Action,
Encumbrance, or restriction on license taken by any non-
Member State within 30 days from the date the action is
taken.
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30 B. The Privilege to Practice is valid until the expiration
date of the Home State license. The Licensee must comply with
the requirements of Section 4(A) 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 protect 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.
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. Have 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 restored
to good standing, the Licensee must meet the requirements of
Section 4(A) to obtain a Privilege to Practice in any Remote
State.
G. If a Licensee's Privilege to Practice in any Remote State
is removed, the individual may lose the Privilege to Practice in
all other Remote States until the following occur:
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to Practice was removed has ended;
2. All fines have been paid; and
3. Have 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 STATE LICENSE BASED ON A
PRIVILEGE TO PRACTICE
A. A Licensed Professional Counselor may hold a Home State
license, which allows for a Privilege to Practice in other
Member States, in only one Member State at a time.
B. If a Licensed Professional Counselor changes primary
State of residence by moving between two Member States:
1. The Licensed Professional Counselor shall file an
application for obtaining a new Home State license based on a
Privilege to Practice, pay all applicable fees, and notify
the current and new Home State in accordance with 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 Professional
Counselor meets the pertinent criteria outlined in Section 4
via the Data System, without need for primary source
verification except for:
a. a Federal Bureau of Investigation fingerprint
based criminal background check if not previously
performed or updated pursuant to applicable rules adopted
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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.
D. Nothing in this Compact shall interfere with a Licensee's
ability to hold a Single State 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 personnel, or their spouse, shall
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30 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 their Home State through
application for licensure in the new State, or through the
process outlined in Section 5.
SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
A. Member States shall recognize the right of a Licensed
Professional Counselor, licensed by a Home State in accordance
with 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 shall 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
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
testimony of witnesses or the production of evidence from
another Member State shall be enforced in the latter State by
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30 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
Adverse 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 State
of residence during the course of the investigations. The Home
State shall also have the authority to take appropriate
action(s) and shall promptly 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 permitted 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 take 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.
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30 F. Joint Investigations:
1. In addition to the authority granted to a Member
State by its respective Professional 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 taken by the Home State against the
license of a Licensed Professional Counselor, the Licensed
Professional Counselor's Privilege to Practice in all other
Member States shall be deactivated until all Encumbrances have
been removed from the State license. All Home State disciplinary
orders that impose Adverse Action against the license of a
Licensed Professional Counselor shall include a Statement that
the Licensed Professional Counselor's Privilege to 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 notify 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:
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30 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.
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 either:
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 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
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30 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;
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 legal proceedings or actions in
the name of the Commission, provided that the standing of any
State Licensing Board to sue or be sued under applicable law
shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a
Member State;
9. Hire employees, elect or appoint officers, fix
compensation, 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,
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30 qualifications of personnel, and other related personnel
matters;
10. Accept any and all appropriate donations and grants
of money, equipment, supplies, materials, and services, and
to receive, utilize, and dispose of the same; provided that
at all times the Commission shall avoid any appearance of
impropriety and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or
donations of, or otherwise to 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 mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees
composed of members, State regulators, State legislators or
their representatives, and consumer representatives, and such
other interested persons as may be designated in this Compact
and the bylaws;
16. Provide and receive information from, and cooperate
with, law enforcement agencies;
17. Establish and elect an Executive Committee; and
18. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact
consistent with the State regulation of Professional
Counseling licensure and practice.
D. The Executive Committee
1. The Executive Committee shall have the power to act
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30 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 (4) ex-officio, nonvoting members from
four (4) 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.
5. The Executive Committee shall have the following
duties and responsibilities:
a. Recommend to the entire Commission changes to the
Rules or bylaws, changes to this Compact 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 provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of Member States and
provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
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30 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 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 privileged 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
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30 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 the views
expressed. All documents considered in connection with an
action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal,
subject to release by a majority vote of the Commission or
order of a court of competent jurisdiction.
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 appropriate
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
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30 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 audit 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 personally or in their official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of any actual or alleged act, error or omission that
occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the
scope of Commission employment, duties or responsibilities;
provided 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
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30 or willful or wanton misconduct of that person.
2. The Commission shall defend 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,
duties, 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 that 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 any
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 Commission employment, duties,
or responsibilities, or that such person had a reasonable
basis for believing occurred within 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
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30 Action, and Investigative Information on all licensed
individuals in Member States.
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 State 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
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State contributing the information shall be removed from the
Data System.
SECTION 11. RULEMAKING
A. The Commission shall promulgate reasonable Rules in order
to effectively and efficiently achieve the purpose of the
Compact. Notwithstanding the foregoing, in the event the
Commission exercises its Rulemaking authority in a manner that
is beyond the scope of the purposes of the Compact, or the
powers granted hereunder, then such an action by the Commission
shall be invalid and have no force or effect.
B. The Commission shall exercise its 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 publicly
accessible platform; and
2. On the website of each Member State Professional
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30 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;
3. A request for comments on the proposed Rule from any
interested person; and
4. The manner in which interested persons may submit
notice to the Commission of their intention to attend the
public hearing and any written comments.
G. Prior to adoption of a proposed Rule, the Commission
shall allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
H. The Commission shall grant an 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 publish the place, time, and date of the
scheduled public hearing. If the hearing is held via electronic
means, the Commission shall publish the mechanism for access to
the electronic hearing.
1. All persons wishing to be heard at the hearing shall
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30 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.
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 the public
hearing by interested parties is received, the Commission may
proceed with promulgation of the proposed Rule without a public
hearing.
L. The Commission shall, by majority vote of all members,
take final action on the proposed Rule and shall determine the
effective date of the Rule, if any, based on the Rulemaking
record and the full text of the Rule.
M. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency Rule without
prior notice, opportunity for comment, or hearing, provided that
the usual Rulemaking procedures provided in the Compact and in
this section shall be retroactively applied to the Rule as soon
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30 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 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
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30 effectuate the Compact's purposes and intent. The provisions
of this Compact and the Rules promulgated hereunder shall
have standing as statutory law.
2. All courts shall take judicial notice of the Compact
and the Rules in any judicial or administrative proceeding in
a Member State pertaining to the subject matter of this
Compact which may affect the powers, responsibilities, or
actions of the Commission.
3. The Commission shall be entitled to receive service
of process in any such proceeding and 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
promulgated 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
b. Provide remedial training and specific technical
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 conferred by this Compact may be
terminated on the effective date of termination. A cure of the
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30 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 action of the
Commission by petitioning the U.S. 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
reasonable 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.
2. The Commission shall promulgate a Rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
I. Enforcement
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30 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 reasonable
attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any
other remedies available under federal or State law.
SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT
COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into 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 Compact 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
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30 the Commission shall have the full force and effect of law on
the day the Compact becomes law in that State.
C. Any Member State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect
until six (6) months after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing State's Professional
Counseling Licensing Board to comply with the investigative
and Adverse Action reporting requirements of this act prior
to the effective date of withdrawal.
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 conflict with the
provisions of 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, clause, sentence or provision of
this Compact is declared to be contrary to the constitution of
any Member State or of the United States or the applicability
thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this Compact and
the applicability thereof to any government, agency, person or
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30 circumstance shall not be affected thereby. If this Compact
shall be held contrary to the constitution of any Member State,
the Compact shall remain in full force and effect as to the
remaining Member States and in full force and effect as to the
Member State affected as to all severable matters.
SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. A Licensee providing Professional Counseling services in
a Remote State under the Privilege to Practice shall adhere to
the laws and regulations, including scope of practice, of the
Remote State.
B. Nothing herein prevents the enforcement of any other law
of a Member State that is not inconsistent with the Compact.
C. Any laws in a Member State in conflict with the Compact
are superseded to the extent of the conflict.
D. Any lawful actions of the Commission, including all Rules
and bylaws properly promulgated by the Commission, are binding
upon the Member States.
E. All permissible agreements between the Commission and the
Member States are binding in accordance with their terms.
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 constitutional provision in question in that
Member State.
Section 3. Effective date.
This act shall take effect in 60 days.
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