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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5658 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002016 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO BUSINESSES AND PROFESSIONS -- COUNSELING COMPACT |
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| 16 | 16 | | Introduced By: Representatives Fogarty, Tanzi, Shallcross Smith, Cortvriend, Cotter, |
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| 17 | 17 | | Carson, Speakman, Henries, and McGaw |
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| 18 | 18 | | Date Introduced: February 17, 2023 |
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| 19 | 19 | | Referred To: House Corporations |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Legislative findings, purpose and intent. 1 |
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| 24 | 24 | | (1) The purpose and intent of this chapter is to facilitate interstate practice of licensed 2 |
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| 25 | 25 | | professional counselors with the goal of improving public access to professional counseling 3 |
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| 26 | 26 | | services. The practice of professional counseling occurs in the state where the client is located at 4 |
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| 27 | 27 | | the time of the counseling services. The compact preserves the regulatory authority of states to 5 |
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| 28 | 28 | | protect public health and safety through the current system of state licensure. 6 |
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| 29 | 29 | | (2) This compact is designed to achieve the following objectives: 7 |
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| 30 | 30 | | (i) Increase public access to professional counseling services by providing for the mutual 8 |
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| 31 | 31 | | recognition of other member state licenses; 9 |
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| 32 | 32 | | (ii) Enhance the states' ability to protect the public's health and safety; 10 |
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| 33 | 33 | | (iii) Encourage the cooperation of member states in regulating multistate practice for 11 |
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| 34 | 34 | | licensed professional counselors; 12 |
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| 35 | 35 | | (iv) Support spouses of relocating active duty military personnel; 13 |
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| 36 | 36 | | (v) Enhance the exchange of licensure, investigative, and disciplinary information among 14 |
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| 37 | 37 | | member states; 15 |
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| 38 | 38 | | (vi) Allow for the use of telehealth technology to facilitate increased access to professional 16 |
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| 39 | 39 | | counseling services; 17 |
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| 40 | 40 | | (vii) Support the uniformity of professional counseling licensure requirements throughout 18 |
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| 41 | 41 | | the states to promote public safety and public health benefits; 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC002016 - Page 2 of 22 |
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| 45 | 45 | | (viii) Invest all member states with the authority to hold a licensed professional counselor 1 |
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| 46 | 46 | | accountable for meeting all state practice laws in the state in which the client is located at the time 2 |
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| 47 | 47 | | care is rendered through the mutual recognition of member state licenses; 3 |
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| 48 | 48 | | (ix) Eliminate the necessity for licenses in multiple states; and 4 |
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| 49 | 49 | | (x) Provide opportunities for interstate practice by licensed professional counselors who 5 |
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| 50 | 50 | | meet uniform licensure requirements. 6 |
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| 51 | 51 | | SECTION 2. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" 7 |
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| 52 | 52 | | is hereby amended by adding thereto the following chapter: 8 |
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| 53 | 53 | | CHAPTER 39.2 9 |
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| 54 | 54 | | COUNSELING COMPACT 10 |
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| 55 | 55 | | 5-39.2-1. Short title. 11 |
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| 56 | 56 | | This chapter shall be known and may be cited as the "Counseling Compact". 12 |
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| 57 | 57 | | 5-39.2-2. Definitions. 13 |
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| 58 | 58 | | For purposes of this compact, the following terms shall have the following meanings: 14 |
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| 59 | 59 | | (1) "Active duty military" means full-time duty status in the active uniformed service of 15 |
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| 60 | 60 | | the United States, including members of the National Guard and Reserve on active duty orders 16 |
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| 61 | 61 | | pursuant to 10 U.S. C. chapters 12301(d) and 12302. 17 |
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| 62 | 62 | | (2) "Adverse action" means any administrative, civil, equitable or criminal action permitted 18 |
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| 63 | 63 | | by Rhode Island law which is imposed by a licensing board or other authority against a licensed 19 |
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| 64 | 64 | | professional counselor, including actions against an individual's license or privilege to practice such 20 |
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| 65 | 65 | | as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's 21 |
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| 66 | 66 | | practice, or any other encumbrance on licensure affecting a licensed professional counselor's 22 |
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| 67 | 67 | | authorization to practice, including issuance of a cease and desist action. 23 |
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| 68 | 68 | | (3) "Alternative program" means a non-disciplinary monitoring or practice remediation 24 |
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| 69 | 69 | | process approved by a professional counseling licensing board to address impaired practitioners. 25 |
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| 70 | 70 | | (4) "Continuing competence or continuing education" means a requirement, as a condition 26 |
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| 71 | 71 | | of license renewal, to provide evidence of participation in, and/or completion of, educational and 27 |
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| 72 | 72 | | professional activities relevant to practice or area of work. 28 |
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| 73 | 73 | | (5) "Counseling compact commission" or "commission" means the national administrative 29 |
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| 74 | 74 | | body whose membership consists of all states that have enacted the compact. 30 |
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| 75 | 75 | | (6) "Current significant investigative information" means: 31 |
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| 76 | 76 | | (i) Investigative information that a licensing board, after a preliminary inquiry that includes 32 |
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| 77 | 77 | | notification and an opportunity for the licensed professional counselor to respond, if required by 33 |
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| 78 | 78 | | Rhode Island law, has reason to believe is not groundless and, if proved true, would indicate more 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC002016 - Page 3 of 22 |
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| 82 | 82 | | than a minor infraction; or 1 |
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| 83 | 83 | | (ii) Investigative information that indicates that the licensed professional counselor 2 |
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| 84 | 84 | | represents an immediate threat to public health and safety regardless of whether the licensed 3 |
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| 85 | 85 | | professional counselor has been notified and had an opportunity to respond. 4 |
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| 86 | 86 | | (7) "Data system" means a repository of information about licensees, including, but not 5 |
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| 87 | 87 | | limited to, continuing education, examination, licensure, investigative, privilege to practice and 6 |
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| 88 | 88 | | adverse action information. 7 |
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| 89 | 89 | | (8) "Encumbered license" means a license in which an adverse action restricts the practice 8 |
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| 90 | 90 | | of licensed professional counseling by the licensee and said adverse action has been reported to the 9 |
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| 91 | 91 | | National Practitioners Data Bank (NPDB). 10 |
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| 92 | 92 | | (9) ''Encumbrance" means a revocation or suspension of, or any limitation on, the full and 11 |
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| 93 | 93 | | unrestricted practice of licensed professional counseling by a licensing board. 12 |
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| 94 | 94 | | (10) "Executive committee" means a group of directors elected or appointed to act on 13 |
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| 95 | 95 | | behalf of, and within the powers granted to them by, the commission. 14 |
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| 96 | 96 | | (11) "Home state" means the member state that is the licensee's primary state of residence. 15 |
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| 97 | 97 | | (12) "Impaired practitioner" means an individual who has a condition(s) that may impair 16 |
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| 98 | 98 | | their ability to practice as a licensed professional counselor without some type of intervention and 17 |
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| 99 | 99 | | may include, but are not limited to, alcohol and drug dependence, mental health impairment, and 18 |
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| 100 | 100 | | neurological or physical impairments. 19 |
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| 101 | 101 | | (13) "Investigative information'' means information, records, and documents received or 20 |
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| 102 | 102 | | generated by a professional counseling licensing board pursuant to an investigation. 21 |
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| 103 | 103 | | (14) "Jurisprudence requirement" means the assessment of an individual's knowledge of 22 |
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| 104 | 104 | | the laws and rules governing the practice of professional counseling in a state. 23 |
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| 105 | 105 | | (15) "Licensed professional counselor" means a counselor licensed by a member state, 24 |
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| 106 | 106 | | regardless of the title used by that state, to independently assess, diagnose, and treat behavioral 25 |
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| 107 | 107 | | health conditions. 26 |
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| 108 | 108 | | (16) "Licensee" means an individual who currently holds an authorization from the state to 27 |
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| 109 | 109 | | practice as a licensed professional counselor. 28 |
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| 110 | 110 | | (17) "Licensing board" means the agency of a state, or equivalent, that is responsible for 29 |
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| 111 | 111 | | the licensing and regulation of licensed professional counselors. 30 |
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| 112 | 112 | | (18) "Member state" means a state that has enacted the compact. 31 |
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| 113 | 113 | | (19) "Privilege to practice" means a legal authorization, which is equivalent to a license, 32 |
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| 114 | 114 | | permitting the practice of professional counseling in a remote state. 33 |
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| 115 | 115 | | (20) "Professional counseling" means the assessment, diagnosis, and treatment of 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC002016 - Page 4 of 22 |
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| 119 | 119 | | behavioral health conditions by a licensed professional counselor. 1 |
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| 120 | 120 | | (21) "Remote state" means a member state other than the home state, where a licensee is 2 |
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| 121 | 121 | | exercising or seeking to exercise the privilege to practice. 3 |
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| 122 | 122 | | (22) "Rule" means a regulation promulgated by the commission that has the force of law. 4 |
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| 123 | 123 | | (23) "Single state license" means a licensed professional counselor license issued by a 5 |
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| 124 | 124 | | member state that authorizes practice only within the issuing state and does not include a privilege 6 |
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| 125 | 125 | | to practice in any other member state. 7 |
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| 126 | 126 | | (24) "State" means any state, commonwealth, district, or territory of the United States of 8 |
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| 127 | 127 | | America that regulates the practice of professional counseling. 9 |
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| 128 | 128 | | (25) "Telehealth" means the application of telecommunication technology to deliver 10 |
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| 129 | 129 | | professional counseling services remotely to assess, diagnose, and treat behavioral health 11 |
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| 130 | 130 | | conditions. 12 |
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| 131 | 131 | | (26) "Unencumbered license" means a license that authorizes a licensed professional 13 |
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| 132 | 132 | | counselor to engage in the full and unrestricted practice of professional counseling. 14 |
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| 133 | 133 | | 5-39.2-3. State participation in the compact. 15 |
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| 134 | 134 | | (a) To participate in the compact, a state must currently: 16 |
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| 135 | 135 | | (1) License and regulate licensed professional counselors; 17 |
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| 136 | 136 | | (2) Require licensees to pass a nationally recognized exam approved by the commission; 18 |
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| 137 | 137 | | (3) Require licensees to have a sixty (60) semester-hour, or ninety (90) quarter-hour, 19 |
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| 138 | 138 | | master's degree in counseling or, sixty (60) semester-hours, or ninety (90) quarter-hours, of 20 |
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| 139 | 139 | | graduate course work including the following topic areas: 21 |
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| 140 | 140 | | (i) Professional counseling orientation and ethical practice; 22 |
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| 141 | 141 | | (ii) Social and cultural diversity; 23 |
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| 142 | 142 | | (iii) Human growth and development; 24 |
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| 143 | 143 | | (iv) Career development; 25 |
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| 144 | 144 | | (v) Counseling and helping relationships; 26 |
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| 145 | 145 | | (vi) Group counseling and group work; 27 |
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| 146 | 146 | | (vii) Diagnosis and treatment; assessment and testing; 28 |
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| 147 | 147 | | (viii) Research and program evaluation; and 29 |
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| 148 | 148 | | (ix) Other areas as determined by the commission. 30 |
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| 149 | 149 | | (4) Require licensees to complete a supervised postgraduate professional experience as 31 |
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| 150 | 150 | | defined by the commission; and 32 |
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| 151 | 151 | | (5) Have a mechanism in place for receiving and investigating complaints about licensees. 33 |
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| 152 | 152 | | (b) A member state shall: 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC002016 - Page 5 of 22 |
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| 156 | 156 | | (1) Participate fully in the commission's data system, including using the commission's 1 |
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| 157 | 157 | | unique identifier as defined in rules; 2 |
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| 158 | 158 | | (2) Notify the commission, in compliance with the terms of the compact and rules, of any 3 |
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| 159 | 159 | | adverse action or the availability of investigative information regarding a licensee; 4 |
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| 160 | 160 | | (3) Implement or utilize procedures for considering the criminal history records of 5 |
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| 161 | 161 | | applicants for an initial privilege to practice. These procedures shall include the submission of 6 |
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| 162 | 162 | | fingerprints or other biometric-based information by applicants for the purpose of obtaining an 7 |
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| 163 | 163 | | applicant's criminal history record information from the Federal Bureau of Investigation and the 8 |
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| 164 | 164 | | agency responsible for retaining that state's criminal records; 9 |
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| 165 | 165 | | (i) A member state shall fully implement a criminal background check requirement, within 10 |
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| 166 | 166 | | a time frame established by rule, by receiving the results of the Federal Bureau of Investigation 11 |
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| 167 | 167 | | record search and shall use the results in making licensure decisions. 12 |
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| 168 | 168 | | (ii) Communication between a member state, the commission and among member states 13 |
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| 169 | 169 | | regarding the verification of eligibility for licensure through the compact shall not include any 14 |
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| 170 | 170 | | information received from the Federal Bureau of Investigation relating to a federal criminal records 15 |
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| 171 | 171 | | check performed by a member state under federal Pub. L. 92-544. 16 |
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| 172 | 172 | | (4) Comply with the rules of the commission; 17 |
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| 173 | 173 | | (5) Require an applicant to obtain or retain a license in the home state and meet the home 18 |
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| 174 | 174 | | state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; 19 |
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| 175 | 175 | | (6) Grant the privilege to practice to a licensee holding a valid unencumbered license in 20 |
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| 176 | 176 | | another member state in accordance with the terms of the compact and rules; and 21 |
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| 177 | 177 | | (7) Provide for the attendance of the state's commissioner to the counseling compact 22 |
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| 178 | 178 | | commission meetings. 23 |
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| 179 | 179 | | (c) Member states may charge a fee for granting the privilege to practice. 24 |
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| 180 | 180 | | (d) Individuals not residing in a member state shall continue to be able to apply for a 25 |
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| 181 | 181 | | member state's single state license as provided under the laws of each member state. However, the 26 |
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| 182 | 182 | | single state license granted to these individuals shall not be recognized as granting a privilege to 27 |
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| 183 | 183 | | practice professional counseling in any other member state. 28 |
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| 184 | 184 | | (e) Nothing in this compact shall affect the requirements established by a member state for 29 |
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| 185 | 185 | | the issuance of a single state license. 30 |
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| 186 | 186 | | (f) A license issued to a licensed professional counselor by a home state to a resident in 31 |
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| 187 | 187 | | that state shall be recognized by each member state as authorizing a licensed professional counselor 32 |
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| 188 | 188 | | to practice professional counseling, under a privilege to practice, in each member state. 33 |
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| 189 | 189 | | 5-39.2-4. Privilege to practice. 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC002016 - Page 6 of 22 |
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| 193 | 193 | | (a) To exercise the privilege to practice under the terms and provisions of the compact, the 1 |
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| 194 | 194 | | licensee shall: 2 |
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| 195 | 195 | | (1) Hold a license in the home state; 3 |
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| 196 | 196 | | (2) Have a valid United States social security number or national practitioner identifier; 4 |
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| 197 | 197 | | (3) Be eligible for a privilege to practice in any member state in accordance with 5 |
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| 198 | 198 | | subsections (d), (g) and (h) of this section; 6 |
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| 199 | 199 | | (4) Have not had any encumbrance or restriction against any license or privilege to practice 7 |
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| 200 | 200 | | within the previous two (2) years; 8 |
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| 201 | 201 | | (5) Notify the commission that the licensee is seeking the privilege to practice within a 9 |
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| 202 | 202 | | remote state(s); 10 |
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| 203 | 203 | | (6) Pay any applicable fees, including any state fee, for the privilege to practice; 11 |
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| 204 | 204 | | (7) Meet any continuing competence or continuing education requirements established by 12 |
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| 205 | 205 | | the home state; 13 |
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| 206 | 206 | | (8) Meet any jurisprudence requirements established by the remote state(s) in which the 14 |
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| 207 | 207 | | licensee is seeking a privilege to practice; and 15 |
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| 208 | 208 | | (9) Report to the commission any adverse action, encumbrance, or restriction on license 16 |
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| 209 | 209 | | taken by any non-member state within thirty (30) days from the date the action is taken. 17 |
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| 210 | 210 | | (b) The privilege to practice is valid until the expiration date of the home state license. The 18 |
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| 211 | 211 | | licensee shall comply with the requirements of subsection (a) of this section to maintain the 19 |
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| 212 | 212 | | privilege to practice in the remote state. 20 |
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| 213 | 213 | | (c) A licensee providing professional counseling in a remote state under the privilege to 21 |
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| 214 | 214 | | practice shall adhere to the laws and regulations of the remote state. 22 |
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| 215 | 215 | | (d) A licensee providing professional counseling services in a remote state is subject to that 23 |
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| 216 | 216 | | state's regulatory authority. A remote state may, in accordance with due process and that state's 24 |
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| 217 | 217 | | laws, remove a licensee's privilege to practice in the remote state for a specific period of time, 25 |
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| 218 | 218 | | impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. 26 |
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| 219 | 219 | | The licensee may be ineligible for a privilege to practice in any member state until the specific time 27 |
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| 220 | 220 | | for removal has passed and all fines are paid. 28 |
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| 221 | 221 | | (e) If a home state license is encumbered, the licensee shall lose the privilege to practice in 29 |
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| 222 | 222 | | any remote state until the following occur: 30 |
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| 223 | 223 | | (1) The home state license is no longer encumbered; and 31 |
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| 224 | 224 | | (2) Have not had any encumbrance or restriction against any license or privilege to practice 32 |
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| 225 | 225 | | within the previous two (2) years. 33 |
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| 226 | 226 | | (f) Once an encumbered license in the home state is restored to good standing, the licensee 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC002016 - Page 7 of 22 |
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| 230 | 230 | | must meet the requirements of subsection (a) of this section to obtain a privilege to practice in any 1 |
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| 231 | 231 | | remote state. 2 |
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| 232 | 232 | | (g) If a licensee's privilege to practice in any remote state is removed, the individual may 3 |
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| 233 | 233 | | lose the privilege to practice in all other remote states until the following occur: 4 |
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| 234 | 234 | | (1) The specific period of time for which the privilege to practice was removed has ended; 5 |
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| 235 | 235 | | (2) All fines have been paid; and 6 |
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| 236 | 236 | | (3) Have not had any encumbrance or restriction against any license or privilege to practice 7 |
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| 237 | 237 | | within the previous two (2) years. 8 |
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| 238 | 238 | | (h) Once the requirements of subsection (g) of this section have been met, the licensee shall 9 |
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| 239 | 239 | | meet the requirements in subsection (a) of this section to obtain a privilege to practice in a remote 10 |
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| 240 | 240 | | state. 11 |
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| 241 | 241 | | 5-39.2-5. Obtaining a new home state license based on a privilege to practice. 12 |
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| 242 | 242 | | (a) A licensed professional counselor may hold a home state license, which allows for a 13 |
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| 243 | 243 | | privilege to practice in other member states, in only one member state at a time. 14 |
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| 244 | 244 | | (b) If a licensed professional counselor changes primary state of residence by moving 15 |
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| 245 | 245 | | between two (2) member states: 16 |
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| 246 | 246 | | (1) The licensed professional counselor shall file an application for obtaining a new home 17 |
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| 247 | 247 | | state license based on a privilege to practice, pay all applicable fees, and notify the current and new 18 |
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| 248 | 248 | | home state in accordance with applicable rules adopted by the commission. 19 |
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| 249 | 249 | | (2) Upon receipt of an application for obtaining a new home state license by virtue of a 20 |
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| 250 | 250 | | privilege to practice, the new home state shall verify that the licensed professional counselor meets 21 |
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| 251 | 251 | | the pertinent criteria outlined in § 5-39.2-4, via the data system, without need for primary source 22 |
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| 252 | 252 | | verification except for: 23 |
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| 253 | 253 | | (i) A Federal Bureau of Investigation fingerprint based criminal background check if not 24 |
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| 254 | 254 | | previously performed or updated pursuant to applicable rules adopted by the commission in 25 |
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| 255 | 255 | | accordance with federal Pub. L. 92-544; 26 |
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| 256 | 256 | | (ii) Other criminal background check as required by the new home state; and 27 |
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| 257 | 257 | | (iii) Completion of any requisite jurisprudence requirements of the new home state. 28 |
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| 258 | 258 | | (3) The former home state shall convert the former home state license into a privilege to 29 |
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| 259 | 259 | | practice once the new home state has activated the new home state license in accordance with 30 |
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| 260 | 260 | | applicable rules adopted by the commission. 31 |
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| 261 | 261 | | (4) Notwithstanding any other provision of this compact, if the licensed professional 32 |
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| 262 | 262 | | counselor cannot meet the criteria in § 5-39.2-4, the new home state may apply its requirements for 33 |
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| 263 | 263 | | issuing a new single state license. 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC002016 - Page 8 of 22 |
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| 267 | 267 | | (5) The licensed professional counselor shall pay all applicable fees to the new home state 1 |
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| 268 | 268 | | in order to be issued a new home state license. 2 |
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| 269 | 269 | | (c) If a licensed professional counselor changes primary state of residence by moving from 3 |
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| 270 | 270 | | a member state to a non-member state, or from a non-member state to a member state, the state 4 |
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| 271 | 271 | | criteria shall apply for issuance of a single state license in the new state. 5 |
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| 272 | 272 | | (d) Nothing in this compact shall interfere with a licensee's ability to hold a single state 6 |
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| 273 | 273 | | license in multiple states; however for the purposes of this compact, a licensee shall have only one 7 |
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| 274 | 274 | | home state license. 8 |
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| 275 | 275 | | (e) Nothing in this compact shall affect the requirements established by a member state for 9 |
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| 276 | 276 | | the issuance of a single state license. 10 |
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| 277 | 277 | | 5-39.2-6. Active duty military personnel or their spouses. 11 |
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| 278 | 278 | | Active duty military personnel, or their spouse, shall designate a home state where the 12 |
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| 279 | 279 | | individual has a current license in good standing. The individual may retain the home state 13 |
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| 280 | 280 | | designation during the period the service member is on active duty. Subsequent to designating a 14 |
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| 281 | 281 | | home state, the individual shall only change their home state through application for licensure in 15 |
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| 282 | 282 | | the new state, or pursuant to the provisions in § 5-39.2-5. 16 |
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| 283 | 283 | | 5-39.2-7. Compact privilege to practice telehealth. 17 |
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| 284 | 284 | | (a) Member states shall recognize the right of a licensed professional counselor, licensed 18 |
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| 285 | 285 | | by a home state in accordance with § 5-39.2-3 and under rules promulgated by the commission, to 19 |
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| 286 | 286 | | practice professional counseling in any member state via telehealth under a privilege to practice as 20 |
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| 287 | 287 | | provided in the compact and rules promulgated by the commission. 21 |
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| 288 | 288 | | (b) A licensee providing professional counseling services in a remote state under the 22 |
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| 289 | 289 | | privilege to practice shall adhere to the laws and regulations of the remote state. 23 |
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| 290 | 290 | | 5-39.2-8. Adverse actions. 24 |
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| 291 | 291 | | (a) In addition to the other powers conferred by state law, a remote state shall have the 25 |
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| 292 | 292 | | authority, in accordance with existing state due process law, to: 26 |
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| 293 | 293 | | (1) Take adverse action against a licensed professional counselor's privilege to practice 27 |
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| 294 | 294 | | within that member state, and 28 |
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| 295 | 295 | | (2) Issue subpoenas for both hearings and investigations that require the attendance and 29 |
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| 296 | 296 | | testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board 30 |
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| 297 | 297 | | in a member state for the attendance and testimony of witnesses or the production of evidence from 31 |
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| 298 | 298 | | another member state shall be enforced in the latter state by any court of competent jurisdiction, 32 |
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| 299 | 299 | | according to the practice and procedure of that court applicable to subpoenas issued in proceedings 33 |
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| 300 | 300 | | pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC002016 - Page 9 of 22 |
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| 304 | 304 | | other fees required by the service statutes of the state in which the witnesses or evidence are located. 1 |
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| 305 | 305 | | (3) Only the home state shall have the power to take adverse action against a licensed 2 |
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| 306 | 306 | | professional counselor's license issued by the home state. 3 |
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| 307 | 307 | | (b) For purposes of taking adverse action, the home state shall give the same priority and 4 |
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| 308 | 308 | | effect to reported conduct received from a member state as it would if the conduct had occurred 5 |
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| 309 | 309 | | within the home state. In so doing, the home state shall apply its own state laws to determine 6 |
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| 310 | 310 | | appropriate action. 7 |
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| 311 | 311 | | (c) The home state shall complete any pending investigations of a licensed professional 8 |
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| 312 | 312 | | counselor who changes primary state of residence during the course of the investigations. The home 9 |
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| 313 | 313 | | state shall also have the authority to take appropriate action and shall promptly report the 10 |
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| 314 | 314 | | conclusions of the investigations to the administrator of the data system. The administrator of the 11 |
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| 315 | 315 | | coordinated licensure information system shall promptly notify the new home state of any adverse 12 |
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| 316 | 316 | | actions. 13 |
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| 317 | 317 | | (d) A member state, if otherwise permitted by state law, may recover from the affected 14 |
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| 318 | 318 | | licensed professional counselor the costs of investigations and dispositions of cases resulting from 15 |
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| 319 | 319 | | any adverse action taken against that licensed professional counselor. 16 |
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| 320 | 320 | | (e) A member state may take adverse action based on the factual findings of the remote 17 |
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| 321 | 321 | | state; provided that the member state follows its own procedures for taking the adverse action. 18 |
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| 322 | 322 | | (f) Joint investigations: 19 |
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| 323 | 323 | | (1) In addition to the authority granted to a member state by its respective professional 20 |
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| 324 | 324 | | counseling practice law or other applicable state law, any member state may participate with other 21 |
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| 325 | 325 | | member states in joint investigations of licensees. 22 |
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| 326 | 326 | | (2) Member states shall share any investigative, litigation, or compliance materials in 23 |
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| 327 | 327 | | furtherance of any joint or individual investigation initiated under the compact. 24 |
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| 328 | 328 | | (g) If adverse action is taken by the home state against the license of a licensed professional 25 |
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| 329 | 329 | | counselor, the licensed professional counselor's privilege to practice in all other member states shall 26 |
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| 330 | 330 | | be deactivated until all encumbrances have been removed from the state license. All home state 27 |
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| 331 | 331 | | disciplinary orders that impose adverse action against the license of a licensed professional 28 |
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| 332 | 332 | | counselor shall include a statement that the licensed professional counselor's privilege to practice 29 |
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| 333 | 333 | | is deactivated in all member states during the pendency of the order. 30 |
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| 334 | 334 | | (h) If a member state takes adverse action, it shall promptly notify the administrator of the 31 |
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| 335 | 335 | | data system. The administrator of the data system shall promptly notify the home state of any 32 |
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| 336 | 336 | | adverse actions by remote states. 33 |
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| 337 | 337 | | (i) Nothing in this compact shall override a member state's decision that participation in an 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC002016 - Page 10 of 22 |
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| 341 | 341 | | alternative program may be used in lieu of adverse action. 1 |
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| 342 | 342 | | 5-39.2-9. Establishment of counseling compact commission. 2 |
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| 343 | 343 | | (a) The compact member states hereby create and establish a joint public agency known as 3 |
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| 344 | 344 | | the counseling compact commission: 4 |
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| 345 | 345 | | (1) The commission is an instrumentality of the compact states. 5 |
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| 346 | 346 | | (2) Venue is proper and judicial proceedings by or against the commission shall be brought 6 |
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| 347 | 347 | | solely and exclusively in a court of competent jurisdiction where the principal office of the 7 |
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| 348 | 348 | | commission is located. The commission may waive venue and jurisdictional defenses to the extent 8 |
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| 349 | 349 | | it adopts or consents to participate in alternative dispute resolution proceedings. 9 |
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| 350 | 350 | | (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity. 10 |
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| 351 | 351 | | (b) Membership, voting, and meetings. 11 |
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| 352 | 352 | | (1) Each member state shall have and be limited to one delegate selected by that member 12 |
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| 353 | 353 | | state's licensing board. 13 |
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| 354 | 354 | | (2) The delegate shall be either: 14 |
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| 355 | 355 | | (i) A current member of the licensing board at the time of appointment, who is a licensed 15 |
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| 356 | 356 | | professional counselor or public member; or 16 |
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| 357 | 357 | | (ii) An administrator of the licensing board. 17 |
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| 358 | 358 | | (3) Any delegate may be removed or suspended from office as provided by the law of the 18 |
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| 359 | 359 | | state from which the delegate is appointed. 19 |
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| 360 | 360 | | (4) The member state licensing board shall fill any vacancy occurring on the commission 20 |
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| 361 | 361 | | within sixty (60) days. 21 |
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| 362 | 362 | | (5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and 22 |
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| 363 | 363 | | creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs 23 |
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| 364 | 364 | | of the commission. 24 |
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| 365 | 365 | | (6) A delegate shall vote in person or by such other means as provided in the bylaws. The 25 |
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| 366 | 366 | | bylaws may provide for delegates' participation in meetings by telephone or other means of 26 |
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| 367 | 367 | | communication. 27 |
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| 368 | 368 | | (7) The commission shall meet at least once during each calendar year. Additional meetings 28 |
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| 369 | 369 | | shall be held as set forth in the bylaws. 29 |
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| 370 | 370 | | (8) The commission shall by rule establish a term of office for delegates and may by rule 30 |
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| 371 | 371 | | establish term limits. 31 |
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| 372 | 372 | | (c) The commission shall have the following powers and duties: 32 |
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| 373 | 373 | | (1) Establish the fiscal year of the commission; 33 |
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| 374 | 374 | | (2) Establish bylaws; 34 |
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| 375 | 375 | | |
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| 376 | 376 | | |
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| 377 | 377 | | LC002016 - Page 11 of 22 |
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| 378 | 378 | | (3) Maintain its financial records in accordance with the bylaws; 1 |
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| 379 | 379 | | (4) Meet and take such actions as are consistent with the provisions of this compact and 2 |
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| 380 | 380 | | the bylaws; 3 |
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| 381 | 381 | | (5) Promulgate rules which shall be binding to the extent and in the manner provided for 4 |
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| 382 | 382 | | in the compact; 5 |
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| 383 | 383 | | (6) Bring and prosecute legal proceedings or actions in the name of the commission; 6 |
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| 384 | 384 | | provided that the standing of any state licensing board to sue or be sued under applicable law shall 7 |
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| 385 | 385 | | not be affected; 8 |
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| 386 | 386 | | (7) Purchase and maintain insurance and bonds; 9 |
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| 387 | 387 | | (8) Borrow, accept, or contract for services of personnel, including, but not limited to, 10 |
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| 388 | 388 | | employees of a member state; 11 |
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| 389 | 389 | | (9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such 12 |
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| 390 | 390 | | individuals appropriate authority to carry out the purposes of the compact, and establish the 13 |
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| 391 | 391 | | commission's personnel policies and programs relating to conflicts of interest, qualifications of 14 |
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| 392 | 392 | | personnel, and other related personnel matters; 15 |
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| 393 | 393 | | (10) Accept any and all appropriate donations and grants of money, equipment, supplies, 16 |
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| 394 | 394 | | materials, and services, and to receive, utilize, and dispose of the same; provided that, at all times 17 |
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| 395 | 395 | | the commission shall avoid any appearance of impropriety and/or conflict of interest; 18 |
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| 396 | 396 | | (11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, 19 |
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| 397 | 397 | | improve or use, any property, real, personal or mixed; provided that, at all times the commission 20 |
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| 398 | 398 | | shall avoid any appearance of impropriety; 21 |
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| 399 | 399 | | (12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any 22 |
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| 400 | 400 | | property real, personal, or mixed; 23 |
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| 401 | 401 | | (13) Establish a budget and make expenditures; 24 |
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| 402 | 402 | | (14) Borrow money; 25 |
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| 403 | 403 | | (15) Appoint committees, including standing committees composed of members, state 26 |
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| 404 | 404 | | regulators, state legislators or their representatives, and consumer representatives, and such other 27 |
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| 405 | 405 | | interested persons as may be designated in this compact and the bylaws; 28 |
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| 406 | 406 | | (16) Provide and receive information from, and cooperate with, law enforcement agencies; 29 |
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| 407 | 407 | | (17) Establish and elect an executive committee; and 30 |
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| 408 | 408 | | (18) Perform such other functions as may be necessary or appropriate to achieve the 31 |
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| 409 | 409 | | purposes of this compact consistent with the state regulation of professional counseling licensure 32 |
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| 410 | 410 | | and practice. 33 |
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| 411 | 411 | | (d) The executive committee: 34 |
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| 412 | 412 | | |
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| 413 | 413 | | |
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| 414 | 414 | | LC002016 - Page 12 of 22 |
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| 415 | 415 | | (1) The executive committee shall have the power to act on behalf of the commission 1 |
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| 416 | 416 | | according to the terms of this compact. 2 |
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| 417 | 417 | | (2) The executive committee shall be composed of up to eleven (11) members: 3 |
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| 418 | 418 | | (i) Seven (7) voting members who are selected by the commission from the current 4 |
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| 419 | 419 | | membership of the commission; and 5 |
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| 420 | 420 | | (ii) Up to four (4) exofficio, nonvoting members from four (4) recognized national 6 |
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| 421 | 421 | | professional counselor organizations. 7 |
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| 422 | 422 | | (iii) The exofficio members will be selected by their respective organizations. 8 |
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| 423 | 423 | | (3) The commission may remove any member of the executive committee as provided in 9 |
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| 424 | 424 | | the bylaws. 10 |
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| 425 | 425 | | (4) The executive committee shall meet at least annually. 11 |
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| 426 | 426 | | (5) The executive committee shall have the following duties and responsibilities: 12 |
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| 427 | 427 | | (i) Recommend to the entire commission changes to the rules or bylaws, changes to this 13 |
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| 428 | 428 | | compact legislation, fees paid by compact member states such as annual dues, and any commission 14 |
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| 429 | 429 | | compact fee charged to licensees for the privilege to practice; 15 |
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| 430 | 430 | | (ii) Ensure compact administration services are appropriately provided, contractual or 16 |
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| 431 | 431 | | otherwise; 17 |
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| 432 | 432 | | (iii) Prepare and recommend the budget; 18 |
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| 433 | 433 | | (iv) Maintain financial records on behalf of the commission; 19 |
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| 434 | 434 | | (v) Monitor compact compliance of member states and provide compliance reports to the 20 |
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| 435 | 435 | | commission; 21 |
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| 436 | 436 | | (vi) Establish additional committees as necessary; and 22 |
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| 437 | 437 | | (vii) Other duties as provided in rules or bylaws. 23 |
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| 438 | 438 | | (e) Meetings of the commission. 24 |
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| 439 | 439 | | (1) All meetings shall be open to the public, and public notice of meetings shall be given 25 |
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| 440 | 440 | | in the same manner as required under the rulemaking provisions in § 5-39.2-11. 26 |
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| 441 | 441 | | (2) The commission or the executive committee or other committees of the commission 27 |
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| 442 | 442 | | may convene in a closed, non-public meeting if the commission or executive committee or other 28 |
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| 443 | 443 | | committees of the commission intend to discuss: 29 |
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| 444 | 444 | | (i) Non-compliance of a member state with its obligations under the compact; 30 |
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| 445 | 445 | | (ii) The employment, compensation, discipline or other matters, practices or procedures 31 |
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| 446 | 446 | | related to specific employees or other matters related to the commission's internal personnel 32 |
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| 447 | 447 | | practices and procedures; 33 |
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| 448 | 448 | | (iii) Current, threatened, or reasonably anticipated litigation; 34 |
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| 449 | 449 | | |
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| 450 | 450 | | |
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| 451 | 451 | | LC002016 - Page 13 of 22 |
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| 452 | 452 | | (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real 1 |
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| 453 | 453 | | estate; 2 |
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| 454 | 454 | | (v) Make a report to law enforcement and authorizes accusing any person of a suspected 3 |
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| 455 | 455 | | crime or formally censuring any person; 4 |
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| 456 | 456 | | (vi) Disclosure of trade secrets or commercial or financial information that is privileged or 5 |
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| 457 | 457 | | confidential; 6 |
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| 458 | 458 | | (vii) Disclosure of information of a personal nature where disclosure would constitute a 7 |
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| 459 | 459 | | clearly unwarranted invasion of personal privacy; 8 |
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| 460 | 460 | | (viii) Disclosure of investigative records compiled for law enforcement purposes; 9 |
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| 461 | 461 | | (ix) Disclosure of information related to any investigative reports prepared by or on behalf 10 |
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| 462 | 462 | | of or for use of the commission or other committee charged with responsibility of investigation or 11 |
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| 463 | 463 | | determination of compliance issues pursuant to the compact; or 12 |
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| 464 | 464 | | (x) Matters specifically exempted from disclosure by federal or member state statute. 13 |
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| 465 | 465 | | (3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 14 |
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| 466 | 466 | | commission's legal counsel or designee shall certify that the meeting may be closed and shall 15 |
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| 467 | 467 | | reference each relevant exempting provision. 16 |
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| 468 | 468 | | (4) The commission shall keep minutes that fully and clearly describe all matters discussed 17 |
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| 469 | 469 | | in a meeting and shall provide a full and accurate summary of actions taken, and the reasons 18 |
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| 470 | 470 | | therefore, including a description of the views expressed. All documents considered in connection 19 |
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| 471 | 471 | | with an action shall be identified in such minutes. All minutes and documents of a closed meeting 20 |
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| 472 | 472 | | shall remain under seal, subject to release by a majority vote of the commission or order of a court 21 |
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| 473 | 473 | | of competent jurisdiction. 22 |
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| 474 | 474 | | (f) Financing of the commission. 23 |
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| 475 | 475 | | (1) The commission shall pay, or provide for the payment of, the reasonable expenses of 24 |
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| 476 | 476 | | its establishment, organization, and ongoing activities. 25 |
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| 477 | 477 | | (2) The commission may accept any and all appropriate revenue sources, donations, and 26 |
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| 478 | 478 | | grants of money, equipment, supplies, materials, and services. 27 |
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| 479 | 479 | | (3) The commission may levy on and collect an annual assessment from each member state 28 |
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| 480 | 480 | | or impose fees on other parties to cover the cost of the operations and activities of the commission 29 |
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| 481 | 481 | | and its staff, which must be in a total amount sufficient to cover its annual budget as approved each 30 |
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| 482 | 482 | | year for which revenue is not provided by other sources. The aggregate annual assessment amount 31 |
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| 483 | 483 | | shall be allocated based upon a formula to be determined by the commission, which shall 32 |
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| 484 | 484 | | promulgate a rule binding upon all member states. 33 |
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| 485 | 485 | | (4) The commission shall not incur obligations of any kind prior to securing the funds 34 |
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| 486 | 486 | | |
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| 487 | 487 | | |
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| 488 | 488 | | LC002016 - Page 14 of 22 |
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| 489 | 489 | | adequate to meet the same; nor shall the commission pledge the credit of any of the member states, 1 |
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| 490 | 490 | | except by and with the authority of the member state. 2 |
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| 491 | 491 | | (5) The commission shall keep accurate accounts of all receipts and disbursements. The 3 |
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| 492 | 492 | | receipts and disbursements of the commission shall be subject to the audit and accounting 4 |
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| 493 | 493 | | procedures established under its bylaws. However, all receipts and disbursements of funds handled 5 |
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| 494 | 494 | | by the commission shall be audited yearly by a certified or licensed public accountant, and the 6 |
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| 495 | 495 | | report of the audit shall be included in and become part of the annual report of the commission. 7 |
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| 496 | 496 | | (g) Qualified immunity, defense, and indemnification. 8 |
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| 497 | 497 | | (1) The members, officers, executive director, employees and representatives of the 9 |
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| 498 | 498 | | commission shall be immune from suit and liability, either personally or in their official capacity, 10 |
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| 499 | 499 | | for any claim for damage to or loss of property or personal injury or other civil liability caused by 11 |
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| 500 | 500 | | or arising out of any actual or alleged act, error or omission that occurred, or that the person against 12 |
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| 501 | 501 | | whom the claim is made had a reasonable basis for believing occurred within the scope of 13 |
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| 502 | 502 | | commission employment, duties or responsibilities; provided that, nothing in this subsection shall 14 |
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| 503 | 503 | | be construed to protect any such person from suit and/or liability for any damage, loss, injury, or 15 |
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| 504 | 504 | | liability caused by the intentional or willful or wanton misconduct of that person. 16 |
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| 505 | 505 | | (2) The commission shall defend any member, officer, executive director, employee or 17 |
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| 506 | 506 | | representative of the commission in any civil action seeking to impose liability arising out of any 18 |
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| 507 | 507 | | actual or alleged act, error, or omission that occurred within the scope of commission employment, 19 |
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| 508 | 508 | | duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis 20 |
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| 509 | 509 | | for believing occurred within the scope of commission employment, duties, or responsibilities; 21 |
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| 510 | 510 | | provided that, nothing herein shall be construed to prohibit that person from retaining his or her 22 |
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| 511 | 511 | | own counsel; and provided further, that the actual or alleged act, error, or omission did not result 23 |
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| 512 | 512 | | from that person's intentional or willful or wanton misconduct. 24 |
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| 513 | 513 | | (3) The commission shall indemnify and hold harmless any member, officer, executive 25 |
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| 514 | 514 | | director, employee, or representative of the commission for the amount of any settlement or 26 |
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| 515 | 515 | | judgment obtained against that person arising out of any actual or alleged act, error, or omission 27 |
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| 516 | 516 | | that occurred within the scope of commission employment, duties, or responsibilities, or that such 28 |
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| 517 | 517 | | person had a reasonable basis for believing occurred within the scope of commission employment, 29 |
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| 518 | 518 | | duties, or responsibilities; provided that, the actual or alleged act error, or omission did not result 30 |
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| 519 | 519 | | from the intentional or willful or wanton misconduct of that person. 31 |
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| 520 | 520 | | 5-39.2-10. Data system. 32 |
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| 521 | 521 | | (a) The commission shall provide for the development, maintenance, operation, and 33 |
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| 522 | 522 | | utilization of a coordinated database and reporting system containing licensure, adverse action, and 34 |
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| 523 | 523 | | |
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| 524 | 524 | | |
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| 525 | 525 | | LC002016 - Page 15 of 22 |
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| 526 | 526 | | investigative information on all licensed individuals in member states. 1 |
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| 527 | 527 | | (b) Notwithstanding any other provision of state law to the contrary, a member state shall 2 |
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| 528 | 528 | | submit a uniform data set to the data system on all individuals to whom this compact is applicable 3 |
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| 529 | 529 | | as required by the rules of the commission, including: 4 |
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| 530 | 530 | | (i) Identifying information; 5 |
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| 531 | 531 | | (ii) Licensure data; 6 |
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| 532 | 532 | | (iii) Adverse actions against a license or privilege to practice; 7 |
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| 533 | 533 | | (iv) Non-confidential information related to alternative program participation; 8 |
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| 534 | 534 | | (v) Any denial of application for licensure, and the reason(s) for such denial; 9 |
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| 535 | 535 | | (vi) Current significant investigative information; and 10 |
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| 536 | 536 | | (vii) Other information that may facilitate the administration of this compact, as determined 11 |
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| 537 | 537 | | by the rules of the commission. 12 |
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| 538 | 538 | | (c) Investigative information pertaining to a licensee in any member state will only be 13 |
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| 539 | 539 | | available to other member states. 14 |
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| 540 | 540 | | (d) The commission shall promptly notify all member states of any adverse action taken 15 |
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| 541 | 541 | | against a licensee or an individual applying for a license. Adverse action information pertaining to 16 |
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| 542 | 542 | | a licensee in any member state will be available to any other member state. 17 |
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| 543 | 543 | | (e) Member states contributing information to the data system may designate information 18 |
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| 544 | 544 | | that may not be shared with the public without the express permission of the contributing state. 19 |
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| 545 | 545 | | (f) Any information submitted to the data system that is subsequently required to be 20 |
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| 546 | 546 | | expunged by the laws of the member state contributing the information shall be removed from the 21 |
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| 547 | 547 | | data system. 22 |
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| 548 | 548 | | 5-39.2-11. Rulemaking. 23 |
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| 549 | 549 | | (a) The commission shall promulgate reasonable rules in order to effectively and efficiently 24 |
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| 550 | 550 | | achieve the purpose of the compact. Notwithstanding the foregoing, in the event the commission 25 |
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| 551 | 551 | | exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the 26 |
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| 552 | 552 | | compact, or the powers granted hereunder, then such an action by the commission shall be invalid 27 |
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| 553 | 553 | | and have no force or effect. 28 |
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| 554 | 554 | | (b) The commission shall exercise its rulemaking powers pursuant to the criteria set forth 29 |
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| 555 | 555 | | in this section and the rules adopted thereunder. Rules and amendments shall become binding as of 30 |
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| 556 | 556 | | the date specified in each rule or amendment. 31 |
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| 557 | 557 | | (c) If a majority of the legislatures of the member states rejects a rule, by enactment of a 32 |
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| 558 | 558 | | statute or resolution in the same manner used to adopt the compact within four (4) years of the date 33 |
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| 559 | 559 | | of adoption of the rule, then such rule shall have no further force and effect in any member state. 34 |
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| 560 | 560 | | |
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| 561 | 561 | | |
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| 562 | 562 | | LC002016 - Page 16 of 22 |
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| 563 | 563 | | (d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the 1 |
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| 564 | 564 | | commission. 2 |
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| 565 | 565 | | (e) Prior to promulgation and adoption of a final rule or rules by the commission, and at 3 |
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| 566 | 566 | | least thirty (30) days in advance of the meeting at which the rule or rules will be considered and 4 |
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| 567 | 567 | | voted upon, the commission shall file a notice of proposed rulemaking: 5 |
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| 568 | 568 | | (1) On the website of the commission or other publicly accessible platform; and 6 |
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| 569 | 569 | | (2) On the website of each member state professional counseling licensing board or other 7 |
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| 570 | 570 | | publicly accessible platform or the publication in which each state would otherwise publish 8 |
|---|
| 571 | 571 | | proposed rules. 9 |
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| 572 | 572 | | (f) The notice of proposed rulemaking shall include: 10 |
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| 573 | 573 | | (1) The proposed time, date, and location of the meeting in which the rule will be 11 |
|---|
| 574 | 574 | | considered and voted upon; 12 |
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| 575 | 575 | | (2) The text of the proposed rule or amendment and the reason for the proposed rule; 13 |
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| 576 | 576 | | (3) A request for comments on the proposed rule from any interested person; and 14 |
|---|
| 577 | 577 | | (4) The manner in which interested persons may submit notice to the commission of their 15 |
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| 578 | 578 | | intention to attend the public hearing and any written comments. 16 |
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| 579 | 579 | | (g) Prior to adoption of a proposed rule, the commission shall allow persons to submit 17 |
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| 580 | 580 | | written data, facts, opinions, and arguments, which shall be made available to the public. 18 |
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| 581 | 581 | | (h) The commission shall grant an opportunity for a public hearing before it adopts a rule 19 |
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| 582 | 582 | | or amendment if a hearing is requested by: 20 |
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| 583 | 583 | | (1) At least twenty-five (25) persons; 21 |
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| 584 | 584 | | (2) A state or federal governmental subdivision or agency; or 22 |
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| 585 | 585 | | (3) An association having at least twenty-five (25) members. 23 |
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| 586 | 586 | | (i) lf a hearing is held on the proposed rule or amendment, the commission shall publish 24 |
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| 587 | 587 | | the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, 25 |
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| 588 | 588 | | the commission shall publish the mechanism for access to the electronic hearing. 26 |
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| 589 | 589 | | (1) All persons wishing to be heard at the hearing shall notify the executive director of the 27 |
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| 590 | 590 | | commission or other designated member in writing of their desire to appear and testify at the 28 |
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| 591 | 591 | | hearing not less than five (5) business days before the scheduled date of the hearing. 29 |
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| 592 | 592 | | (2) Hearings shall be conducted in a manner providing each person who elects to comment 30 |
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| 593 | 593 | | with a fair and reasonable opportunity to comment orally or in writing. 31 |
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| 594 | 594 | | (3) All hearings will be recorded. A copy of the recording will be made available on 32 |
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| 595 | 595 | | request. 33 |
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| 596 | 596 | | (4) Nothing in this section shall be construed as requiring a separate hearing on each rule. 34 |
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| 597 | 597 | | |
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| 598 | 598 | | |
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| 599 | 599 | | LC002016 - Page 17 of 22 |
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| 600 | 600 | | Rules may be grouped for the convenience of the commission at hearings required by this section. 1 |
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| 601 | 601 | | (j) Following the scheduled hearing date, or by the close of business on the scheduled 2 |
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| 602 | 602 | | hearing date if the hearing was not held, the commission shall consider all written and oral 3 |
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| 603 | 603 | | comments received. 4 |
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| 604 | 604 | | (k) If no written notice of intent to attend the public hearing by interested parties is 5 |
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| 605 | 605 | | received, the commission may proceed with promulgation of the proposed rule without a public 6 |
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| 606 | 606 | | hearing. 7 |
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| 607 | 607 | | (l) The commission shall, by majority vote of all members, take final action on the proposed 8 |
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| 608 | 608 | | rule and shall determine the effective date of the rule, if any, based on the rulemaking record and 9 |
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| 609 | 609 | | the full text of the rule. 10 |
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| 610 | 610 | | (m) Upon determination that an emergency exists, the commission may consider and adopt 11 |
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| 611 | 611 | | an emergency rule without prior notice, opportunity for comment, or hearing; provided that, the 12 |
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| 612 | 612 | | usual rulemaking procedures provided in the compact and in this section shall be retroactively 13 |
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| 613 | 613 | | applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the 14 |
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| 614 | 614 | | effective date of the rule. For the purposes of this provision, an emergency rule is one that must be 15 |
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| 615 | 615 | | adopted immediately in order to: 16 |
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| 616 | 616 | | (i) Meet an imminent threat to public health, safety, or welfare; 17 |
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| 617 | 617 | | (ii) Prevent a loss of commission or member state funds; 18 |
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| 618 | 618 | | (iii) Meet a deadline for the promulgation of an administrative rule that is established by 19 |
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| 619 | 619 | | federal law or rule; or 20 |
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| 620 | 620 | | (iv) Protect public health and safety. 21 |
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| 621 | 621 | | (n) The commission or an authorized committee of the commission may direct revisions to 22 |
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| 622 | 622 | | a previously adopted rule or amendment for purposes of correcting typographical errors, errors in 23 |
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| 623 | 623 | | format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted 24 |
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| 624 | 624 | | on the website of the commission. The revision shall be subject to challenge by any person for a 25 |
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| 625 | 625 | | period of thirty (30) days after posting. The revision may be challenged only on grounds that the 26 |
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| 626 | 626 | | revision results in a material change to a rule. A challenge shall be made in writing and delivered 27 |
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| 627 | 627 | | to the chair of the commission prior to the end of the notice period. If no challenge is made, the 28 |
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| 628 | 628 | | revision will take effect without further action. If the revision is challenged, the revision may not 29 |
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| 629 | 629 | | take effect without the approval of the commission. 30 |
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| 630 | 630 | | 5-39.2-12. Oversight, dispute resolution and enforcement. 31 |
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| 631 | 631 | | (a) Oversight. 32 |
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| 632 | 632 | | (1) The executive, legislative, and judicial branches of state government in each member 33 |
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| 633 | 633 | | state shall enforce this compact and take all actions necessary and appropriate to effectuate the 34 |
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| 634 | 634 | | |
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| 635 | 635 | | |
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| 636 | 636 | | LC002016 - Page 18 of 22 |
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| 637 | 637 | | compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder 1 |
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| 638 | 638 | | shall have standing as statutory law. 2 |
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| 639 | 639 | | (2) All courts shall take judicial notice of the compact and the rules in any judicial or 3 |
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| 640 | 640 | | administrative proceeding in a member state pertaining to the subject matter of this compact which 4 |
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| 641 | 641 | | may affect the powers, responsibilities, or actions of the commission. 5 |
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| 642 | 642 | | (3) The commission shall be entitled to receive service of process in any such proceeding 6 |
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| 643 | 643 | | and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service 7 |
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| 644 | 644 | | of process to the commission shall render a judgment or order void as to the commission, this 8 |
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| 645 | 645 | | compact, or promulgated rules. 9 |
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| 646 | 646 | | (b) Default, technical assistance, and termination. 10 |
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| 647 | 647 | | (1) If the commission determines that a member state has defaulted in the performance of 11 |
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| 648 | 648 | | its obligations or responsibilities under this compact or the promulgated rules, the commission 12 |
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| 649 | 649 | | shall: 13 |
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| 650 | 650 | | (i) Provide written notice to the defaulting state and other member states of the nature of 14 |
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| 651 | 651 | | the default, the proposed means of curing the default and/or any other action to be taken by the 15 |
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| 652 | 652 | | commission; and 16 |
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| 653 | 653 | | (ii) Provide remedial training and specific technical assistance regarding the default. 17 |
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| 654 | 654 | | (c) If a state in default fails to cure the default, the defaulting state may be terminated from 18 |
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| 655 | 655 | | the compact upon an affirmative vote of a majority of the member states, and all rights, privileges 19 |
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| 656 | 656 | | and benefits conferred by this compact may be terminated on the effective date of termination. A 20 |
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| 657 | 657 | | cure of the default does not relieve the offending state of obligations or liabilities incurred during 21 |
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| 658 | 658 | | the period of default. 22 |
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| 659 | 659 | | (d) Termination of membership in the compact shall be imposed only after all other means 23 |
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| 660 | 660 | | of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given 24 |
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| 661 | 661 | | by the commission to the governor, the majority and minority leaders of the defaulting state's 25 |
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| 662 | 662 | | legislature, and each of the member states. 26 |
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| 663 | 663 | | (e) A state that has been terminated is responsible for all assessments, obligations, and 27 |
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| 664 | 664 | | liabilities incurred through the effective date of termination, including obligations that extend 28 |
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| 665 | 665 | | beyond the effective date of termination. 29 |
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| 666 | 666 | | (f) The commission shall not bear any costs related to a state that is found to be in default 30 |
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| 667 | 667 | | or that has been terminated from the compact, unless agreed upon in writing between the 31 |
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| 668 | 668 | | commission and the defaulting state. 32 |
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| 669 | 669 | | (g) The defaulting state may appeal the action of the commission by petitioning the U.S. 33 |
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| 670 | 670 | | District Court for the District of Columbia or the federal district where the commission has its 34 |
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| 671 | 671 | | |
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| 672 | 672 | | |
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| 673 | 673 | | LC002016 - Page 19 of 22 |
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| 674 | 674 | | principal offices. The prevailing member shall be awarded all costs of such litigation, including 1 |
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| 675 | 675 | | reasonable attorneys' fees. 2 |
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| 676 | 676 | | (h) Dispute Resolution. 3 |
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| 677 | 677 | | (1) Upon request by a member state, the commission shall attempt to resolve disputes 4 |
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| 678 | 678 | | related to the compact that arise among member states and between member and non-member 5 |
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| 679 | 679 | | states. 6 |
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| 680 | 680 | | (2) The commission shall promulgate a rule providing for both mediation and binding 7 |
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| 681 | 681 | | dispute resolution for disputes as appropriate. 8 |
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| 682 | 682 | | (i) Enforcement. 9 |
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| 683 | 683 | | (1) The commission, in the reasonable exercise of its discretion, shall enforce the 10 |
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| 684 | 684 | | provisions and rules of this compact. 11 |
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| 685 | 685 | | (2) By majority vote, the commission may initiate legal action in the United States District 12 |
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| 686 | 686 | | Court for the District of Columbia or the federal district where the commission has its principal 13 |
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| 687 | 687 | | offices against a member state in default to enforce compliance with the provisions of the compact 14 |
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| 688 | 688 | | and its promulgated rules and bylaws. The relief sought may include both injunctive relief and 15 |
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| 689 | 689 | | damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded 16 |
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| 690 | 690 | | all costs of such litigation, including reasonable attorneys' fees. 17 |
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| 691 | 691 | | (3) The remedies herein shall not be the exclusive remedies of the commission. The 18 |
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| 692 | 692 | | commission may pursue any other remedies available under federal or state law. 19 |
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| 693 | 693 | | 5-39.2-13. Date of implementation of the counseling compact commission and 20 |
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| 694 | 694 | | associated rules, withdrawal and amendment. 21 |
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| 695 | 695 | | (a) The compact shall come into effect on the date on which the compact statute is enacted 22 |
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| 696 | 696 | | into law in the tenth member state. The provisions, which become effective at that time, shall be 23 |
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| 697 | 697 | | limited to the powers granted to the commission relating to assembly and the promulgation of rules. 24 |
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| 698 | 698 | | Thereafter, the commission shall meet and exercise rulemaking powers necessary for the 25 |
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| 699 | 699 | | implementation and administration of the compact. 26 |
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| 700 | 700 | | (b) Any state that joins the compact subsequent to the commission's initial adoption of the 27 |
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| 701 | 701 | | rules shall be subject to the rules as they exist on the date on which the compact becomes law in 28 |
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| 702 | 702 | | that state. Any rule that has been previously adopted by the commission shall have the full force 29 |
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| 703 | 703 | | and effect of law on the day the compact becomes law in that state. 30 |
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| 704 | 704 | | (c) Any member state may withdraw from this compact by enacting a statute repealing the 31 |
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| 705 | 705 | | same. 32 |
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| 706 | 706 | | (i) A member state's withdrawal shall not take effect until six (6) months after enactment 33 |
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| 707 | 707 | | of the repealing statute. 34 |
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| 708 | 708 | | |
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| 709 | 709 | | |
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| 710 | 710 | | LC002016 - Page 20 of 22 |
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| 711 | 711 | | (ii) Withdrawal shall not affect the continuing requirement of the withdrawing state's 1 |
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| 712 | 712 | | professional counseling licensing board to comply with the investigative and adverse action 2 |
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| 713 | 713 | | reporting requirements of this compact prior to the effective date of withdrawal. 3 |
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| 714 | 714 | | (d) Nothing contained in this compact shall be construed to invalidate or prevent any 4 |
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| 715 | 715 | | professional counseling licensure agreement or other cooperative arrangement between a member 5 |
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| 716 | 716 | | state and a non-member state that does not conflict with the provisions of this compact. 6 |
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| 717 | 717 | | (e) This compact may be amended by the member states. No amendment to this compact 7 |
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| 718 | 718 | | shall become effective and binding upon any member state until it is enacted into the laws of all 8 |
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| 719 | 719 | | member states. 9 |
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| 720 | 720 | | 5-39.2-14. Construction and severability. 10 |
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| 721 | 721 | | This compact shall be liberally construed in order to effectuate the purposes thereof. The 11 |
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| 722 | 722 | | provisions of this compact shall be severable and if any phrase, clause, sentence or provision of 12 |
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| 723 | 723 | | this compact is declared to be contrary to the constitution of any member state or of the United 13 |
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| 724 | 724 | | States or the applicability thereof to any government, agency, person or circumstance is held 14 |
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| 725 | 725 | | invalid, the validity of the remainder of this compact and the applicability thereof to any 15 |
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| 726 | 726 | | government, agency, person or circumstance shall not be affected thereby. If this compact shall be 16 |
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| 727 | 727 | | held contrary to the constitution of any member state, the compact shall remain in full force and 17 |
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| 728 | 728 | | effect as to the remaining member states and in full force and effect as to the member state affected 18 |
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| 729 | 729 | | as to all severable matters. 19 |
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| 730 | 730 | | 5-39.2-15. Binding effect of compact and other laws. 20 |
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| 731 | 731 | | (a) A licensee providing professional counseling services in a remote state under the 21 |
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| 732 | 732 | | privilege to practice shall adhere to the laws and regulations, including scope of practice, of the 22 |
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| 733 | 733 | | remote state. 23 |
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| 734 | 734 | | (b) Nothing herein prevents the enforcement of any other law of a member state that is not 24 |
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| 735 | 735 | | inconsistent with the compact. 25 |
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| 736 | 736 | | (c) Any laws in a member state in conflict with the compact are superseded to the extent 26 |
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| 737 | 737 | | of the conflict. 27 |
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| 738 | 738 | | (d) Any lawful actions of the commission, including all rules and bylaws properly 28 |
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| 739 | 739 | | promulgated by the commission, are binding upon the member states. 29 |
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| 740 | 740 | | (e) All permissible agreements between the commission and the member states are binding 30 |
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| 741 | 741 | | in accordance with their terms. 31 |
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| 742 | 742 | | (f) In the event any provision of the compact exceeds the constitutional limits imposed on 32 |
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| 743 | 743 | | the legislature of any member state, the provision shall be ineffective to the extent of the conflict 33 |
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| 744 | 744 | | with the constitutional provision in question in that member state. The act also provides for the 34 |
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| 745 | 745 | | |
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| 746 | 746 | | |
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| 747 | 747 | | LC002016 - Page 21 of 22 |
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| 748 | 748 | | establishment of a commission which may promulgate rules, hire employees, purchase real estate 1 |
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| 749 | 749 | | and fix their composition among other powers. The commission may levy on and collect an annual 2 |
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| 750 | 750 | | assessment from each member state. The aggregate annual assessment amount shall be allocated 3 |
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| 751 | 751 | | based upon a formula to be determined by the commission, which shall promulgate a rule binding 4 |
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| 752 | 752 | | upon all member states. By majority vote, the commission may initiate legal action in the United 5 |
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| 753 | 753 | | States District Court for the District of Columbia or the federal district court where the commission 6 |
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| 754 | 754 | | has its principal office against a member state in default to enforce compliance with the provisions 7 |
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| 755 | 755 | | of the compact and its promulgated rules and by laws. 8 |
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| 756 | 756 | | SECTION 3. This act shall take effect upon passage by at least ten (10) states willing to 9 |
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| 757 | 757 | | join as members of the compact. 10 |
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| 758 | 758 | | ======== |
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| 759 | 759 | | LC002016 |
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| 760 | 760 | | ======== |
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| 761 | 761 | | |
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| 762 | 762 | | |
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| 763 | 763 | | LC002016 - Page 22 of 22 |
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| 764 | 764 | | EXPLANATION |
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| 765 | 765 | | BY THE LEGISLATIVE COUNCIL |
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| 766 | 766 | | OF |
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| 767 | 767 | | A N A C T |
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| 768 | 768 | | RELATING TO BUSINESSES AND PROFESSIONS -- COUNSELING COMPACT |
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| 769 | 769 | | *** |
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| 770 | 770 | | This act would adopt a counseling compact for the interstate practice of licensed 1 |
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| 771 | 771 | | professional counselors with the goal of improving public access to professional counseling 2 |
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| 772 | 772 | | services, by providing for the mutual recognition of other member state licenses. This act would 3 |
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| 773 | 773 | | further provide for the uniformity of professional counseling license requirements throughout the 4 |
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| 774 | 774 | | United States to promote public safety and public health benefits and eliminate the necessity to 5 |
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| 775 | 775 | | maintain licenses to practice in multiple states. The act would also provide for the establishment of 6 |
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| 776 | 776 | | a commission which may promulgate rules, hire employees, and fix their compensation and 7 |
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| 777 | 777 | | purchase real estate among other powers. The commission may levy on and collect an annual 8 |
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| 778 | 778 | | assessment from each member state. The aggregate annual assessment amount would be allocated 9 |
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| 779 | 779 | | based upon a formula to be determined by the commission, which would promulgate a rule binding 10 |
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| 780 | 780 | | upon all member states. By majority vote, the commission may initiate legal action in the United 11 |
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| 781 | 781 | | States District Court for the District of Columbia or the federal district court where the commission 12 |
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| 782 | 782 | | has its principal office against a member state in default to enforce compliance with the provisions 13 |
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| 783 | 783 | | of the compact and its promulgated rules and by laws. 14 |
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| 784 | 784 | | This act would take effect upon passage by at least ten (10) states willing to join as 15 |
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| 785 | 785 | | members of the compact. 16 |
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| 786 | 786 | | ======== |
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| 787 | 787 | | LC002016 |
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| 788 | 788 | | ======== |
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