88R21208 SCP-D
By: Buckley, Raney, et al. H.B. No. 2557
Substitute the following for H.B. No. 2557:
By: Manuel C.S.H.B. No. 2557
A BILL TO BE ENTITLED
AN ACT
relating to the Licensed Professional Counselors Compact;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 503, Occupations Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. LICENSED PROFESSIONAL COUNSELORS COMPACT
Sec. 503.501. LICENSED PROFESSIONAL COUNSELORS COMPACT.
The Licensed Professional Counselors Compact is enacted and entered
into with all other jurisdictions that legally join in the compact,
which reads as follows:
LICENSED PROFESSIONAL COUNSELORS COMPACT
SECTION 1: PURPOSE
The purpose of this Compact is to facilitate interstate practice of
Licensed Professional Counselors with the goal of improving public
access to Professional Counseling services. The practice of
Professional Counseling occurs in the State where the client is
located at the time of the counseling services. The Compact
preserves the regulatory authority of States to protect public
health and safety through the current system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Professional Counseling
services by providing for the mutual recognition of other Member
State licenses;
B. Enhance the States' ability to protect the public's
health and safety;
C. Encourage the cooperation of Member States in regulating
multistate practice for Licensed Professional Counselors;
D. Support spouses of relocating Active Duty Military
personnel;
E. Enhance the exchange of licensure, investigative, and
disciplinary information among Member States;
F. Allow for the use of Telehealth technology to facilitate
increased access to Professional Counseling services;
G. Support the uniformity of Professional Counseling
licensure requirements throughout the States to promote public
safety and public health benefits;
H. Invest all Member States with the authority to hold a
Licensed Professional Counselor accountable for meeting all State
practice laws in the State in which the client is located at the
time care is rendered through the mutual recognition of Member
State licenses;
I. Eliminate the necessity for licenses in multiple States;
and
J. Provide opportunities for interstate practice by
Licensed Professional Counselors who meet uniform licensure
requirements.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the
following definitions shall apply:
A. "Active Duty Military" means full-time duty status in the
active uniformed service of the United States, including members of
the National Guard and Reserve on active duty orders pursuant to 10
U.S.C. Chapters 1209 and 1211.
B. "Adverse Action" means any administrative, civil, equitable or
criminal action permitted by a State's laws which is imposed by a
licensing board or other authority against a Licensed Professional
Counselor, including actions against an individual's license or
Privilege to Practice such as revocation, suspension, probation,
monitoring of the licensee, limitation on the licensee's practice,
or any other Encumbrance on licensure affecting a Licensed
Professional Counselor's authorization to practice, including
issuance of a cease and desist action.
C. "Alternative Program" means a non-disciplinary monitoring or
practice remediation process approved by a Professional Counseling
Licensing Board to address Impaired Practitioners.
D. "Continuing Competence/Education" means a requirement, as a
condition of license renewal, to provide evidence of participation
in, and/or completion of, educational and professional activities
relevant to practice or area of work.
E. "Counseling Compact Commission" or "Commission" means the
national administrative body whose membership consists of all
States that have enacted the Compact.
F. "Current Significant Investigative Information" means:
1. Investigative Information that a Licensing Board, after
a preliminary inquiry that includes notification and an opportunity
for the Licensed Professional Counselor to respond, if required by
State law, has reason to believe is not groundless and, if proved
true, would indicate more than a minor infraction; or
2. Investigative Information that indicates that the
Licensed Professional Counselor represents an immediate threat to
public health and safety regardless of whether the Licensed
Professional Counselor has been notified and had an opportunity to
respond.
G. "Data System" means a repository of information about
Licensees, including, but not limited to, continuing education,
examination, licensure, investigative, Privilege to Practice and
Adverse Action information.
H. "Encumbered License" means a license in which an Adverse Action
restricts the practice of licensed Professional Counseling by the
Licensee and said Adverse Action has been reported to the National
Practitioners Data Bank (NPDB).
I. "Encumbrance" means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of Licensed
Professional Counseling by a Licensing Board.
J. "Executive Committee" means a group of directors elected or
appointed to act on behalf of, and within the powers granted to them
by, the Commission.
K. "Home State" means the Member State that is the Licensee's
primary State of residence.
L. "Impaired Practitioner" means an individual who has a
condition(s) that may impair their ability to practice as a
Licensed Professional Counselor without some type of intervention
and may include, but are not limited to, alcohol and drug
dependence, mental health impairment, and neurological or
physical impairments.
M. "Investigative Information" means information, records, and
documents received or generated by a Professional Counseling
Licensing Board pursuant to an investigation.
N. "Jurisprudence Requirement" if required by a Member State,
means the assessment of an individual's knowledge of the laws and
Rules governing the practice of Professional Counseling in a State.
O. "Licensed Professional Counselor" means a counselor licensed
by a Member State, regardless of the title used by that State, to
independently assess, diagnose, and treat behavioral health
conditions.
P. "Licensee" means an individual who currently holds an
authorization from the State to practice as a Licensed Professional
Counselor.
Q. "Licensing Board" means the agency of a State, or equivalent,
that is responsible for the licensing and regulation of Licensed
Professional Counselors.
R. Member State" means a State that has enacted the Compact.
S. "Privilege to Practice" means a legal authorization, which is
equivalent to a license, permitting the practice of Professional
Counseling in a Remote State.
T. "Professional Counseling" means the assessment, diagnosis, and
treatment of behavioral health conditions by a Licensed
Professional Counselor.
U. "Remote State" means a Member State other than the Home State,
where a Licensee is exercising or seeking to exercise the Privilege
to Practice.
V. "Rule" means a regulation promulgated by the Commission that
has the force of law.
W. "Single State License" means a Licensed Professional Counselor
license issued by a Member State that authorizes practice only
within the issuing State and does not include a Privilege to
Practice in any other Member State.
X. "State" means any state, commonwealth, district, or territory
of the United States of America that regulates the practice of
Professional Counseling.
Y. "Telehealth" means the application of telecommunication
technology to deliver Professional Counseling services remotely to
assess, diagnose, and treat behavioral health conditions.
Z. "Unencumbered License" means a license that authorizes a
Licensed Professional Counselor to engage in the full and
unrestricted practice of Professional Counseling.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To Participate in the Compact, a State must currently:
1. License and regulate Licensed Professional Counselors;
2. Require Licensees to pass a nationally recognized exam
approved by the Commission;
3. Require Licensees to have a 60 semester-hour (or 90
quarter-hour) master's degree in counseling or 60 semester-hours
(or 90 quarter-hours) of graduate course work including the
following topic areas:
a. Professional Counseling Orientation and Ethical
Practice;
b. Social and Cultural Diversity;
c. Human Growth and Development;
d. Career Development;
e. Counseling and Helping Relationships;
f. Group Counseling and Group Work;
g. Diagnosis and Treatment; Assessment and Testing;
h. Research and Program Evaluation; and
i. Other areas as determined by the Commission.
4. Require Licensees to complete a supervised postgraduate
professional experience as defined by the Commission;
5. Have a mechanism in place for receiving and investigating
complaints about Licensees.
B. A Member State shall:
1. Participate fully in the Commission's Data System,
including using the Commission's unique identifier as defined in
Rules;
2. Notify the Commission, in compliance with the terms of
the Compact and Rules, of any Adverse Action or the availability of
Investigative Information regarding a Licensee;
3. Implement or utilize procedures for considering the
criminal history records of applicants for an initial Privilege to
Practice. These procedures shall include the submission of
fingerprints or other biometric-based information by applicants
for the purpose of obtaining an applicant's criminal history record
information from the Federal Bureau of Investigation and the agency
responsible for retaining that State's criminal records;
a. A member state must fully implement a criminal
background check requirement, within a time frame established by
rule, by receiving the results of the Federal Bureau of
Investigation record search and shall use the results in making
licensure decisions.
b. Communication between a Member State, the
Commission and among Member States regarding the verification of
eligibility for licensure through the Compact shall not include any
information received from the Federal Bureau of Investigation
relating to a federal criminal records check performed by a Member
State under Public Law 92-544.
4. Comply with the Rules of the Commission;
5. Require an applicant to obtain or retain a license in the
Home State and meet the Home State's qualifications for licensure
or renewal of licensure, as well as all other applicable State laws;
6. Grant the Privilege to Practice to a Licensee holding a
valid Unencumbered License in another Member State in accordance
with the terms of the Compact and Rules; and
7. Provide for the attendance of the State's commissioner to
the Counseling Compact Commission meetings.
C. Member States may charge a fee for granting the Privilege to
Practice.
D. Individuals not residing in a Member State shall continue to be
able to apply for a Member State's Single State License as provided
under the laws of each Member State. However, the Single State
License granted to these individuals shall not be recognized as
granting a Privilege to Practice Professional Counseling in any
other Member State.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
F. A license issued to a Licensed Professional Counselor by a Home
State to a resident in that State shall be recognized by each Member
State as authorizing a Licensed Professional Counselor to practice
Professional Counseling, under a Privilege to Practice, in each
Member State.
SECTION 4. PRIVILEGE TO PRACTICE
A. To exercise the Privilege to Practice under the terms and
provisions of the Compact, the Licensee shall:
1. Hold a license in the Home State;
2. Have a valid United States Social Security Number or
National Practitioner Identifier;
3. Be eligible for a Privilege to Practice in any Member
State in accordance with Section 4(D), (G) and (H);
4. Have not had any Encumbrance or restriction against any
license or Privilege to Practice within the previous two (2) years;
5. Notify the Commission that the Licensee is seeking the
Privilege to Practice within a Remote State(s);
6. Pay any applicable fees, including any State fee, for the
Privilege to Practice;
7. Meet any Continuing Competence/Education requirements
established by the Home State;
8. Meet any Jurisprudence Requirements established by the
Remote State(s) in which the Licensee is seeking a Privilege to
Practice; and
9. Report to the Commission any Adverse Action,
Encumbrance, or restriction on license taken by any non-Member
State within 30 days from the date the action is taken.
B. The Privilege to Practice is valid until the expiration date of
the Home State license. The Licensee must comply with the
requirements of Section 4(A) to maintain the Privilege to Practice
in the Remote State.
C. A Licensee providing Professional Counseling in a Remote State
under the Privilege to Practice shall adhere to the laws and
regulations of the Remote State.
D. A Licensee providing Professional Counseling services in a
Remote State is subject to that State's regulatory authority. A
Remote State may, in accordance with due process and that State's
laws, remove a Licensee's Privilege to Practice in the Remote State
for a specific period of time, impose fines, and/or take any other
necessary actions to protect the health and safety of its citizens.
The Licensee may be ineligible for a Privilege to Practice in any
Member State until the specific time for removal has passed and all
fines are paid.
E. If a Home State license is encumbered, the Licensee shall lose
the Privilege to Practice in any Remote State until the following
occur:
1. The Home State license is no longer encumbered; and
2. Have not had any Encumbrance or restriction against any
license or Privilege to Practice within the previous two (2) years.
F. Once an Encumbered License in the Home State is restored to good
standing, the Licensee must meet the requirements of Section 4(A)
to obtain a Privilege to Practice in any Remote State.
G. If a Licensee's Privilege to Practice in any Remote State is
removed, the individual may lose the Privilege to Practice in all
other Remote States until the following occur:
1. The specific period of time for which the Privilege to
Practice was removed has ended;
2. All fines have been paid; and
3. Have not had any Encumbrance or restriction against any
license or Privilege to Practice within the previous two (2) years.
H. Once the requirements of Section 4(G) have been met, the
Licensee must meet the requirements in Section 4(A) to obtain a
Privilege to Practice in a Remote State.
SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE
TO PRACTICE
A. A Licensed Professional Counselor may hold a Home State
license, which allows for a Privilege to Practice in other Member
States, in only one Member State at a time.
B. If a Licensed Professional Counselor changes primary State of
residence by moving between two Member States:
1. The Licensed Professional Counselor shall file an
application for obtaining a new Home State license based on a
Privilege to Practice, pay all applicable fees, and notify the
current and new Home State in accordance with applicable Rules
adopted by the Commission.
2. Upon receipt of an application for obtaining a new Home
State license by virtue of a Privilege to Practice, the new Home
State shall verify that the Licensed Professional Counselor meets
the pertinent criteria outlined in Section 4 via the Data System,
without need for primary source verification except for:
a. a Federal Bureau of Investigation fingerprint based
criminal background check if not previously performed or updated
pursuant to applicable rules adopted by the Commission in
accordance with Public Law 92-544;
b. other criminal background check as required by the
new Home State; and
c. completion of any requisite Jurisprudence
Requirements of the new Home State.
3. The former Home State shall convert the former Home State
license into a Privilege to Practice once the new Home State has
activated the new Home State license in accordance with applicable
Rules adopted by the Commission.
4. Notwithstanding any other provision of this Compact, if
the Licensed Professional Counselor cannot meet the criteria in
Section 4, the new Home State may apply its requirements for issuing
a new Single State License.
5. The Licensed Professional Counselor shall pay all
applicable fees to the new Home State in order to be issued a new
Home State license.
C. If a Licensed Professional Counselor changes Primary State of
Residence by moving from a Member State to a non-Member State, or
from a non-Member State to a Member State, the State criteria shall
apply for issuance of a Single State License in the new State.
D. Nothing in this Compact shall interfere with a Licensee's
ability to hold a Single State License in multiple States, however
for the purposes of this Compact, a Licensee shall have only one
Home State license.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active Duty Military personnel, or their spouse, shall designate a
Home State where the individual has a current license in good
standing. The individual may retain the Home State designation
during the period the service member is on active duty. Subsequent
to designating a Home State, the individual shall only change their
Home State through application for licensure in the new State, or
through the process outlined in Section 5.
SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
A. Member States shall recognize the right of a Licensed
Professional Counselor, licensed by a Home State in accordance with
Section 3 and under Rules promulgated by the Commission, to
practice Professional Counseling in any Member State via Telehealth
under a Privilege to Practice as provided in the Compact and Rules
promulgated by the Commission.
B. A Licensee providing Professional Counseling services in a
Remote State under the Privilege to Practice shall adhere to the
laws and regulations of the Remote State.
SECTION 8. ADVERSE ACTIONS
A. In addition to the other powers conferred by State law, a Remote
State shall have the authority, in accordance with existing State
due process law, to:
1. Take Adverse Action against a Licensed Professional
Counselor's Privilege to Practice within that Member State, and
2. Issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses as well as
the production of evidence. Subpoenas issued by a Licensing Board
in a Member State for the attendance and testimony of witnesses or
the production of evidence from another Member State shall be
enforced in the latter State by any court of competent
jurisdiction, according to the practice and procedure of that court
applicable to subpoenas issued in proceedings pending before it.
The issuing authority shall pay any witness fees, travel expenses,
mileage, and other fees required by the service statutes of the
State in which the witnesses or evidence are located.
3. Only the Home State shall have the power to take Adverse
Action against a Licensed Professional Counselor's license issued
by the Home State.
B. For purposes of taking Adverse Action, the Home State shall
give the same priority and effect to reported conduct received from
a Member State as it would if the conduct had occurred within the
Home State. In so doing, the Home State shall apply its own State
laws to determine appropriate action.
C. The Home State shall complete any pending investigations of a
Licensed Professional Counselor who changes primary State of
residence during the course of the investigations. The Home State
shall also have the authority to take appropriate action(s) and
shall promptly report the conclusions of the investigations to the
administrator of the Data System. The administrator of the
coordinated licensure information system shall promptly notify the
new Home State of any Adverse Actions.
D. A Member State, if otherwise permitted by State law, may
recover from the affected Licensed Professional Counselor the costs
of investigations and dispositions of cases resulting from any
Adverse Action taken against that Licensed Professional Counselor.
E. A Member State may take Adverse Action based on the factual
findings of the Remote State, provided that the Member State
follows its own procedures for taking the Adverse Action.
F. Joint Investigations:
1. In addition to the authority granted to a Member State by
its respective Professional Counseling practice act or other
applicable State law, any Member State may participate with other
Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation,
or compliance materials in furtherance of any joint or individual
investigation initiated under the Compact.
G. If Adverse Action is taken by the Home State against the license
of a Licensed Professional Counselor, the Licensed Professional
Counselor's Privilege to Practice in all other Member States shall
be deactivated until all Encumbrances have been removed from the
State license. All Home State disciplinary orders that impose
Adverse Action against the license of a Licensed Professional
Counselor shall include a Statement that the Licensed Professional
Counselor's Privilege to Practice is deactivated in all Member
States during the pendency of the order.
H. If a Member State takes Adverse Action, it shall promptly
notify the administrator of the Data System. The administrator of
the Data System shall promptly notify the Home State of any Adverse
Actions by Remote States.
I. Nothing in this Compact shall override a Member State's
decision that participation in an Alternative Program may be used
in lieu of Adverse Action.
SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
A. The Compact Member States hereby create and establish a joint
public agency known as the Counseling Compact Commission:
1. The Commission is an instrumentality of the Compact
States.
2. Venue is proper and judicial proceedings by or against
the Commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the Commission
is located. The Commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver
of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1)
delegate selected by that Member State's Licensing Board.
2. The delegate shall be either:
a. A current member of the Licensing Board at the time
of appointment, who is a Licensed Professional Counselor or public
member; or
b. An administrator of the Licensing Board.
3. Any delegate may be removed or suspended from office as
provided by the law of the State from which the delegate is
appointed.
4. The Member State Licensing Board shall fill any vacancy
occurring on the Commission within 60 days.
5. Each delegate shall be entitled to one (1) vote with
regard to the promulgation of Rules and creation of bylaws and shall
otherwise have an opportunity to participate in the business and
affairs of the Commission.
6. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates'
participation in meetings by telephone or other means of
communication.
7. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth in
the bylaws.
8. The Commission shall by Rule establish a term of office
for delegates and may by Rule establish term limits.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the
bylaws;
4. Meet and take such actions as are consistent with the
provisions of this Compact and the bylaws;
5. Promulgate Rules which shall be binding to the extent and
in the manner provided for in the Compact;
6. Bring and prosecute legal proceedings or actions in the
name of the Commission, provided that the standing of any State
Licensing Board to sue or be sued under applicable law shall not be
affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Member State;
9. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and establish
the Commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other
related personnel matters;
10. Accept any and all appropriate donations and grants of
money, equipment, supplies, materials, and services, and to
receive, utilize, and dispose of the same; provided that at all
times the Commission shall avoid any appearance of impropriety
and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations
of, or otherwise to own, hold, improve or use, any property, real,
personal or mixed; provided that at all times the Commission shall
avoid any appearance of impropriety;
12. Sell convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal, or
mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees
composed of members, State regulators, State legislators or their
representatives, and consumer representatives, and such other
interested persons as may be designated in this Compact and the
bylaws;
16. Provide and receive information from, and cooperate
with, law enforcement agencies;
17. Establish and elect an Executive Committee; and
18. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact consistent with
the State regulation of Professional Counseling licensure and
practice.
D. The Executive Committee
1. The Executive Committee shall have the power to act on
behalf of the Commission according to the terms of this Compact.
2. The Executive Committee shall be composed of up to eleven
(11) members:
a. Seven voting members who are elected by the
Commission from the current membership of the Commission; and
b. Up to four (4) ex-officio, nonvoting members from
four (4) recognized national professional counselor organizations.
c. The ex-officio members will be selected by their
respective organizations.
3. The Commission may remove any member of the Executive
Committee as provided in bylaws.
4. The Executive Committee shall meet at least annually.
5. The Executive Committee shall have the following duties
and responsibilities:
a. Recommend to the entire Commission changes to the
Rules or bylaws, changes to this Compact legislation, fees paid by
Compact Member States such as annual dues, and any Commission
Compact fee charged to Licensees for the Privilege to Practice;
b. Ensure Compact administration services are
appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the
Commission;
e. Monitor Compact compliance of Member States and
provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in Rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner as required
under the Rulemaking provisions in Section 11.
2. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed, non-public
meeting if the Commission or Executive Committee or other
committees of the Commission must discuss:
a. Non-compliance of a Member State with its
obligations under the Compact;
b. The employment, compensation, discipline or other
matters, practices or procedures related to specific employees or
other matters related to the Commission's internal personnel
practices and procedures;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase, lease,
or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or
financial information that is privileged or confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
h. Disclosure of investigative records compiled for
law enforcement purposes;
i. Disclosure of information related to any
investigative reports prepared by or on behalf of or for use of the
Commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the
Compact; or
j. Matters specifically exempted from disclosure by
federal or Member State statute.
3. If a meeting, or portion of a meeting, is closed pursuant
to this provision, the Commission's legal counsel or designee shall
certify that the meeting may be closed and shall reference each
relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the Commission
or order of a court of competent jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of,
the reasonable expenses of its establishment, organization, and
ongoing activities.
2. The Commission may accept any and all appropriate revenue
sources, donations, and grants of money, equipment, supplies,
materials, and services.
3. The Commission may levy on and collect an annual
assessment from each Member State or impose fees on other parties to
cover the cost of the operations and activities of the Commission
and its staff, which must be in a total amount sufficient to cover
its annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment amount
shall be allocated based upon a formula to be determined by the
Commission, which shall promulgate a Rule binding upon all Member
States.
4. The Commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any of the Member States, except by
and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Commission shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and
disbursements of funds handled by the Commission shall be audited
yearly by a certified or licensed public accountant, and the report
of the audit shall be included in and become part of the annual
report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and
representatives of the Commission shall be immune from suit and
liability, either personally or in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit and/or liability for
any damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer,
executive director, employee or representative of the Commission in
any civil action seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within the
scope of Commission employment, duties, or responsibilities, or
that the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing
herein shall be construed to prohibit that person from retaining
his or her own counsel; and provided further, that the actual or
alleged act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any
member, officer, executive director, employee, or representative
of the Commission for the amount of any settlement or judgment
obtained against that person arising out of any actual or alleged
act, error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that such
person had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of that
person.
SECTION 10. DATA SYSTEM
A. The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated database and reporting
system containing licensure, Adverse Action, and Investigative
Information on all licensed individuals in Member States.
B. Notwithstanding any other provision of State law to the
contrary, a Member State shall submit a uniform data set to the Data
System on all individuals to whom this Compact is applicable as
required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license or Privilege to
Practice;
4. Non-confidential information related to Alternative
Program participation;
5. Any denial of application for licensure, and the
reason(s) for such denial;
6. Current Significant Investigative Information; and
7. Other information that may facilitate the administration
of this Compact, as determined by the Rules of the Commission.
C. Investigative Information pertaining to a Licensee in any
Member State will only be available to other Member States.
D. The Commission shall promptly notify all Member States of any
Adverse Action taken against a Licensee or an individual applying
for a license. Adverse Action information pertaining to a Licensee
in any Member State will be available to any other Member State.
E. Member States contributing information to the Data System may
designate information that may not be shared with the public
without the express permission of the contributing State.
F. Any information submitted to the Data System that is
subsequently required to be expunged by the laws of the Member State
contributing the information shall be removed from the Data System.
SECTION 11. RULEMAKING
A. The Commission shall promulgate reasonable Rules in order to
effectively and efficiently achieve the purpose of the Compact.
Notwithstanding the foregoing, in the event the Commission
exercises its Rulemaking authority in a manner that is beyond the
scope of the purposes of the Compact, or the powers granted
hereunder, then such an action by the Commission shall be invalid
and have no force or effect.
B. The Commission shall exercise its Rulemaking powers pursuant to
the criteria set forth in this Section and the Rules adopted
thereunder. Rules and amendments shall become binding as of the
date specified in each Rule or amendment.
C. If a majority of the legislatures of the Member States rejects a
Rule, by enactment of a statute or resolution in the same manner
used to adopt the Compact within four (4) years of the date of
adoption of the Rule, then such Rule shall have no further force and
effect in any Member State.
D. Rules or amendments to the Rules shall be adopted at a regular
or special meeting of the Commission.
E. Prior to promulgation and adoption of a final Rule or Rules by
the Commission, and at least thirty (30) days in advance of the
meeting at which the Rule will be considered and voted upon, the
Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each Member State Professional
Counseling Licensing Board or other publicly accessible platform or
the publication in which each State would otherwise publish
proposed Rules.
F. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in
which the Rule will be considered and voted upon;
2. The text of the proposed Rule or amendment and the reason
for the proposed Rule;
3. A request for comments on the proposed Rule from any
interested person; and
4. The manner in which interested persons may submit notice
to the Commission of their intention to attend the public hearing
and any written comments.
G. Prior to adoption of a proposed Rule, the Commission shall
allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
H. The Commission shall grant an opportunity for a public hearing
before it adopts a Rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A State or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
I. If a hearing is held on the proposed Rule or amendment, the
Commission shall publish the place, time, and date of the scheduled
public hearing. If the hearing is held via electronic means, the
Commission shall publish the mechanism for access to the electronic
hearing.
1. All persons wishing to be heard at the hearing shall
notify the executive director of the Commission or other designated
member in writing of their desire to appear and testify at the
hearing not less than five (5) business days before the scheduled
date of the hearing.
2. Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity to
comment orally or in writing.
3. All hearings will be recorded. A copy of the recording
will be made available on request.
4. Nothing in this section shall be construed as requiring a
separate hearing on each Rule. Rules may be grouped for the
convenience of the Commission at hearings required by this section.
J. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not held,
the Commission shall consider all written and oral comments
received.
K. If no written notice of intent to attend the public hearing by
interested parties is received, the Commission may proceed with
promulgation of the proposed Rule without a public hearing.
L. The Commission shall, by majority vote of all members, take
final action on the proposed Rule and shall determine the effective
date of the Rule, if any, based on the Rulemaking record and the
full text of the Rule.
M. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule without prior notice,
opportunity for comment, or hearing, provided that the usual
Rulemaking procedures provided in the Compact and in this section
shall be retroactively applied to the Rule as soon as reasonably
possible, in no event later than ninety (90) days after the
effective date of the Rule. For the purposes of this provision, an
emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of an administrative
Rule that is established by federal law or Rule; or
4. Protect public health and safety.
N. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Rule or amendment for
purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. The
revision shall be subject to challenge by any person for a period of
thirty (30) days after posting. The revision may be challenged only
on grounds that the revision results in a material change to a Rule.
A challenge shall be made in writing and delivered to the chair of
the Commission prior to the end of the notice period. If no
challenge is made, the revision will take effect without further
action. If the revision is challenged, the revision may not take
effect without the approval of the Commission.
SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of
State government in each Member State shall enforce this Compact
and take all actions necessary and appropriate to effectuate the
Compact's purposes and intent. The provisions of this Compact and
the Rules promulgated hereunder shall have standing as statutory
law.
2. All courts shall take judicial notice of the Compact and
the Rules in any judicial or administrative proceeding in a Member
State pertaining to the subject matter of this Compact which may
affect the powers, responsibilities, or actions of the Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide service
of process to the Commission shall render a judgment or order void
as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated Rules, the Commission shall:
a. Provide written notice to the defaulting State and
other Member States of the nature of the default, the proposed means
of curing the default and/or any other action to be taken by the
Commission; and
b. Provide remedial training and specific technical
assistance regarding the default.
C. If a State in default fails to cure the default, the defaulting
State may be terminated from the Compact upon an affirmative vote of
a majority of the Member States, and all rights, privileges and
benefits conferred by this Compact may be terminated on the
effective date of termination. A cure of the default does not
relieve the offending State of obligations or liabilities incurred
during the period of default.
D. Termination of membership in the Compact shall be imposed only
after all other means of securing compliance have been exhausted.
Notice of intent to suspend or terminate shall be given by the
Commission to the governor, the majority and minority leaders of
the defaulting State's legislature, and each of the Member States.
E. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
F. The Commission shall not bear any costs related to a State that
is found to be in default or that has been terminated from the
Compact, unless agreed upon in writing between the Commission and
the defaulting State.
G. The defaulting State may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or
the federal district where the Commission has its principal
offices. The prevailing member shall be awarded all costs of such
litigation, including reasonable attorney's fees.
H. Dispute Resolution
1. Upon request by a Member State, the Commission shall
attempt to resolve disputes related to the Compact that arise among
Member States and between member and non-Member States.
2. The Commission shall promulgate a Rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
I. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and Rules of this Compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the District of
Columbia or the federal district where the Commission has its
principal offices against a Member State in default to enforce
compliance with the provisions of the Compact and its promulgated
Rules and bylaws. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is
necessary, the prevailing member shall be awarded all costs of such
litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies
of the Commission. The Commission may pursue any other remedies
available under federal or State law.
SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT
COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the
Compact statute is enacted into law in the tenth Member State. The
provisions, which become effective at that time, shall be limited
to the powers granted to the Commission relating to assembly and the
promulgation of Rules. Thereafter, the Commission shall meet and
exercise Rulemaking powers necessary to the implementation and
administration of the Compact.
B. Any State that joins the Compact subsequent to the Commission's
initial adoption of the Rules shall be subject to the Rules as they
exist on the date on which the Compact becomes law in that State.
Any Rule that has been previously adopted by the Commission shall
have the full force and effect of law on the day the Compact becomes
law in that State.
C. Any Member State may withdraw from this Compact by enacting a
statute repealing the same.
1. A Member State's withdrawal shall not take effect until
six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement
of the withdrawing State's Professional Counseling Licensing Board
to comply with the investigative and Adverse Action reporting
requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any Professional Counseling licensure
agreement or other cooperative arrangement between a Member State
and a non-Member State that does not conflict with the provisions of
this Compact.
E. This Compact may be amended by the Member States. No amendment
to this Compact shall become effective and binding upon any Member
State until it is enacted into the laws of all Member States.
SECTION 14. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this Compact shall be
severable and if any phrase, clause, sentence or provision of this
Compact is declared to be contrary to the constitution of any Member
State or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the
validity of the remainder of this Compact and the applicability
thereof to any government, agency, person or circumstance shall not
be affected thereby. If this Compact shall be held contrary to the
constitution of any Member State, the Compact shall remain in full
force and effect as to the remaining Member States and in full force
and effect as to the Member State affected as to all severable
matters.
SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. A Licensee providing Professional Counseling services in a
Remote State under the Privilege to Practice shall adhere to the
laws and regulations, including scope of practice, of the Remote
State.
B. Nothing herein prevents the enforcement of any other law of a
Member State that is not inconsistent with the Compact.
C. Any laws in a Member State in conflict with the Compact are
superseded to the extent of the conflict.
D. Any lawful actions of the Commission, including all Rules and
bylaws properly promulgated by the Commission, are binding upon the
Member States.
E. All permissible agreements between the Commission and the
Member States are binding in accordance with their terms.
F. In the event any provision of the Compact exceeds the
constitutional limits imposed on the legislature of any Member
State, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
Member State.
Sec. 503.502. ADMINISTRATION OF COMPACT. The executive
council is the Licensed Professional Counselors Compact
administrator for this state.
Sec. 503.503. RULES. The executive council may adopt rules
necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2023.