Texas 2023 - 88th Regular

Texas House Bill HB2557 Compare Versions

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1	1	88R21208 SCP-D
2	2	By: Buckley, Raney, Plesa, Burns, et al. H.B. No. 2557
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Licensed Professional Counselors Compact;
8	8	authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 503, Occupations Code, is amended by
11	11	adding Subchapter K to read as follows:
12	12	SUBCHAPTER K. LICENSED PROFESSIONAL COUNSELORS COMPACT
13	13	Sec. 503.501. LICENSED PROFESSIONAL COUNSELORS COMPACT.
14	14	The Licensed Professional Counselors Compact is enacted and entered
15	15	into with all other jurisdictions that legally join in the compact,
16	16	which reads as follows:
17	17	LICENSED PROFESSIONAL COUNSELORS COMPACT
18	18	SECTION 1: PURPOSE
19	19	The purpose of this Compact is to facilitate interstate practice of
20	20	Licensed Professional Counselors with the goal of improving public
21	21	access to Professional Counseling services. The practice of
22	22	Professional Counseling occurs in the State where the client is
23	23	located at the time of the counseling services. The Compact
24	24	preserves the regulatory authority of States to protect public
25	25	health and safety through the current system of State licensure.
26	26	This Compact is designed to achieve the following objectives:
27	27	A. Increase public access to Professional Counseling
28	28	services by providing for the mutual recognition of other Member
29	29	State licenses;
30	30	B. Enhance the States' ability to protect the public's
31	31	health and safety;
32	32	C. Encourage the cooperation of Member States in regulating
33	33	multistate practice for Licensed Professional Counselors;
34	34	D. Support spouses of relocating Active Duty Military
35	35	personnel;
36	36	E. Enhance the exchange of licensure, investigative, and
37	37	disciplinary information among Member States;
38	38	F. Allow for the use of Telehealth technology to facilitate
39	39	increased access to Professional Counseling services;
40	40	G. Support the uniformity of Professional Counseling
41	41	licensure requirements throughout the States to promote public
42	42	safety and public health benefits;
43	43	H. Invest all Member States with the authority to hold a
44	44	Licensed Professional Counselor accountable for meeting all State
45	45	practice laws in the State in which the client is located at the
46	46	time care is rendered through the mutual recognition of Member
47	47	State licenses;
48	48	I. Eliminate the necessity for licenses in multiple States;
49	49	and
50	50	J. Provide opportunities for interstate practice by
51	51	Licensed Professional Counselors who meet uniform licensure
52	52	requirements.
53	53	SECTION 2. DEFINITIONS
54	54	As used in this Compact, and except as otherwise provided, the
55	55	following definitions shall apply:
56	56	A. "Active Duty Military" means full-time duty status in the
57	57	active uniformed service of the United States, including members of
58	58	the National Guard and Reserve on active duty orders pursuant to 10
59	59	U.S.C. Chapters 1209 and 1211.
60	60	B. "Adverse Action" means any administrative, civil, equitable or
61	61	criminal action permitted by a State's laws which is imposed by a
62	62	licensing board or other authority against a Licensed Professional
63	63	Counselor, including actions against an individual's license or
64	64	Privilege to Practice such as revocation, suspension, probation,
65	65	monitoring of the licensee, limitation on the licensee's practice,
66	66	or any other Encumbrance on licensure affecting a Licensed
67	67	Professional Counselor's authorization to practice, including
68	68	issuance of a cease and desist action.
69	69	C. "Alternative Program" means a non-disciplinary monitoring or
70	70	practice remediation process approved by a Professional Counseling
71	71	Licensing Board to address Impaired Practitioners.
72	72	D. "Continuing Competence/Education" means a requirement, as a
73	73	condition of license renewal, to provide evidence of participation
74	74	in, and/or completion of, educational and professional activities
75	75	relevant to practice or area of work.
76	76	E. "Counseling Compact Commission" or "Commission" means the
77	77	national administrative body whose membership consists of all
78	78	States that have enacted the Compact.
79	79	F. "Current Significant Investigative Information" means:
80	80	1. Investigative Information that a Licensing Board, after
81	81	a preliminary inquiry that includes notification and an opportunity
82	82	for the Licensed Professional Counselor to respond, if required by
83	83	State law, has reason to believe is not groundless and, if proved
84	84	true, would indicate more than a minor infraction; or
85	85	2. Investigative Information that indicates that the
86	86	Licensed Professional Counselor represents an immediate threat to
87	87	public health and safety regardless of whether the Licensed
88	88	Professional Counselor has been notified and had an opportunity to
89	89	respond.
90	90	G. "Data System" means a repository of information about
91	91	Licensees, including, but not limited to, continuing education,
92	92	examination, licensure, investigative, Privilege to Practice and
93	93	Adverse Action information.
94	94	H. "Encumbered License" means a license in which an Adverse Action
95	95	restricts the practice of licensed Professional Counseling by the
96	96	Licensee and said Adverse Action has been reported to the National
97	97	Practitioners Data Bank (NPDB).
98	98	I. "Encumbrance" means a revocation or suspension of, or any
99	99	limitation on, the full and unrestricted practice of Licensed
100	100	Professional Counseling by a Licensing Board.
101	101	J. "Executive Committee" means a group of directors elected or
102	102	appointed to act on behalf of, and within the powers granted to them
103	103	by, the Commission.
104	104	K. "Home State" means the Member State that is the Licensee's
105	105	primary State of residence.
106	106	L. "Impaired Practitioner" means an individual who has a
107	107	condition(s) that may impair their ability to practice as a
108	108	Licensed Professional Counselor without some type of intervention
109	109	and may include, but are not limited to, alcohol and drug
110	110	dependence, mental health impairment, and neurological or
111	111	physical impairments.
112	112	M. "Investigative Information" means information, records, and
113	113	documents received or generated by a Professional Counseling
114	114	Licensing Board pursuant to an investigation.
115	115	N. "Jurisprudence Requirement" if required by a Member State,
116	116	means the assessment of an individual's knowledge of the laws and
117	117	Rules governing the practice of Professional Counseling in a State.
118	118	O. "Licensed Professional Counselor" means a counselor licensed
119	119	by a Member State, regardless of the title used by that State, to
120	120	independently assess, diagnose, and treat behavioral health
121	121	conditions.
122	122	P. "Licensee" means an individual who currently holds an
123	123	authorization from the State to practice as a Licensed Professional
124	124	Counselor.
125	125	Q. "Licensing Board" means the agency of a State, or equivalent,
126	126	that is responsible for the licensing and regulation of Licensed
127	127	Professional Counselors.
128	128	R. Member State" means a State that has enacted the Compact.
129	129	S. "Privilege to Practice" means a legal authorization, which is
130	130	equivalent to a license, permitting the practice of Professional
131	131	Counseling in a Remote State.
132	132	T. "Professional Counseling" means the assessment, diagnosis, and
133	133	treatment of behavioral health conditions by a Licensed
134	134	Professional Counselor.
135	135	U. "Remote State" means a Member State other than the Home State,
136	136	where a Licensee is exercising or seeking to exercise the Privilege
137	137	to Practice.
138	138	V. "Rule" means a regulation promulgated by the Commission that
139	139	has the force of law.
140	140	W. "Single State License" means a Licensed Professional Counselor
141	141	license issued by a Member State that authorizes practice only
142	142	within the issuing State and does not include a Privilege to
143	143	Practice in any other Member State.
144	144	X. "State" means any state, commonwealth, district, or territory
145	145	of the United States of America that regulates the practice of
146	146	Professional Counseling.
147	147	Y. "Telehealth" means the application of telecommunication
148	148	technology to deliver Professional Counseling services remotely to
149	149	assess, diagnose, and treat behavioral health conditions.
150	150	Z. "Unencumbered License" means a license that authorizes a
151	151	Licensed Professional Counselor to engage in the full and
152	152	unrestricted practice of Professional Counseling.
153	153	SECTION 3. STATE PARTICIPATION IN THE COMPACT
154	154	A. To Participate in the Compact, a State must currently:
155	155	1. License and regulate Licensed Professional Counselors;
156	156	2. Require Licensees to pass a nationally recognized exam
157	157	approved by the Commission;
158	158	3. Require Licensees to have a 60 semester-hour (or 90
159	159	quarter-hour) master's degree in counseling or 60 semester-hours
160	160	(or 90 quarter-hours) of graduate course work including the
161	161	following topic areas:
162	162	a. Professional Counseling Orientation and Ethical
163	163	Practice;
164	164	b. Social and Cultural Diversity;
165	165	c. Human Growth and Development;
166	166	d. Career Development;
167	167	e. Counseling and Helping Relationships;
168	168	f. Group Counseling and Group Work;
169	169	g. Diagnosis and Treatment; Assessment and Testing;
170	170	h. Research and Program Evaluation; and
171	171	i. Other areas as determined by the Commission.
172	172	4. Require Licensees to complete a supervised postgraduate
173	173	professional experience as defined by the Commission;
174	174	5. Have a mechanism in place for receiving and investigating
175	175	complaints about Licensees.
176	176	B. A Member State shall:
177	177	1. Participate fully in the Commission's Data System,
178	178	including using the Commission's unique identifier as defined in
179	179	Rules;
180	180	2. Notify the Commission, in compliance with the terms of
181	181	the Compact and Rules, of any Adverse Action or the availability of
182	182	Investigative Information regarding a Licensee;
183	183	3. Implement or utilize procedures for considering the
184	184	criminal history records of applicants for an initial Privilege to
185	185	Practice. These procedures shall include the submission of
186	186	fingerprints or other biometric-based information by applicants
187	187	for the purpose of obtaining an applicant's criminal history record
188	188	information from the Federal Bureau of Investigation and the agency
189	189	responsible for retaining that State's criminal records;
190	190	a. A member state must fully implement a criminal
191	191	background check requirement, within a time frame established by
192	192	rule, by receiving the results of the Federal Bureau of
193	193	Investigation record search and shall use the results in making
194	194	licensure decisions.
195	195	b. Communication between a Member State, the
196	196	Commission and among Member States regarding the verification of
197	197	eligibility for licensure through the Compact shall not include any
198	198	information received from the Federal Bureau of Investigation
199	199	relating to a federal criminal records check performed by a Member
200	200	State under Public Law 92-544.
201	201	4. Comply with the Rules of the Commission;
202	202	5. Require an applicant to obtain or retain a license in the
203	203	Home State and meet the Home State's qualifications for licensure
204	204	or renewal of licensure, as well as all other applicable State laws;
205	205	6. Grant the Privilege to Practice to a Licensee holding a
206	206	valid Unencumbered License in another Member State in accordance
207	207	with the terms of the Compact and Rules; and
208	208	7. Provide for the attendance of the State's commissioner to
209	209	the Counseling Compact Commission meetings.
210	210	C. Member States may charge a fee for granting the Privilege to
211	211	Practice.
212	212	D. Individuals not residing in a Member State shall continue to be
213	213	able to apply for a Member State's Single State License as provided
214	214	under the laws of each Member State. However, the Single State
215	215	License granted to these individuals shall not be recognized as
216	216	granting a Privilege to Practice Professional Counseling in any
217	217	other Member State.
218	218	E. Nothing in this Compact shall affect the requirements
219	219	established by a Member State for the issuance of a Single State
220	220	License.
221	221	F. A license issued to a Licensed Professional Counselor by a Home
222	222	State to a resident in that State shall be recognized by each Member
223	223	State as authorizing a Licensed Professional Counselor to practice
224	224	Professional Counseling, under a Privilege to Practice, in each
225	225	Member State.
226	226	SECTION 4. PRIVILEGE TO PRACTICE
227	227	A. To exercise the Privilege to Practice under the terms and
228	228	provisions of the Compact, the Licensee shall:
229	229	1. Hold a license in the Home State;
230	230	2. Have a valid United States Social Security Number or
231	231	National Practitioner Identifier;
232	232	3. Be eligible for a Privilege to Practice in any Member
233	233	State in accordance with Section 4(D), (G) and (H);
234	234	4. Have not had any Encumbrance or restriction against any
235	235	license or Privilege to Practice within the previous two (2) years;
236	236	5. Notify the Commission that the Licensee is seeking the
237	237	Privilege to Practice within a Remote State(s);
238	238	6. Pay any applicable fees, including any State fee, for the
239	239	Privilege to Practice;
240	240	7. Meet any Continuing Competence/Education requirements
241	241	established by the Home State;
242	242	8. Meet any Jurisprudence Requirements established by the
243	243	Remote State(s) in which the Licensee is seeking a Privilege to
244	244	Practice; and
245	245	9. Report to the Commission any Adverse Action,
246	246	Encumbrance, or restriction on license taken by any non-Member
247	247	State within 30 days from the date the action is taken.
248	248	B. The Privilege to Practice is valid until the expiration date of
249	249	the Home State license. The Licensee must comply with the
250	250	requirements of Section 4(A) to maintain the Privilege to Practice
251	251	in the Remote State.
252	252	C. A Licensee providing Professional Counseling in a Remote State
253	253	under the Privilege to Practice shall adhere to the laws and
254	254	regulations of the Remote State.
255	255	D. A Licensee providing Professional Counseling services in a
256	256	Remote State is subject to that State's regulatory authority. A
257	257	Remote State may, in accordance with due process and that State's
258	258	laws, remove a Licensee's Privilege to Practice in the Remote State
259	259	for a specific period of time, impose fines, and/or take any other
260	260	necessary actions to protect the health and safety of its citizens.
261	261	The Licensee may be ineligible for a Privilege to Practice in any
262	262	Member State until the specific time for removal has passed and all
263	263	fines are paid.
264	264	E. If a Home State license is encumbered, the Licensee shall lose
265	265	the Privilege to Practice in any Remote State until the following
266	266	occur:
267	267	1. The Home State license is no longer encumbered; and
268	268	2. Have not had any Encumbrance or restriction against any
269	269	license or Privilege to Practice within the previous two (2) years.
270	270	F. Once an Encumbered License in the Home State is restored to good
271	271	standing, the Licensee must meet the requirements of Section 4(A)
272	272	to obtain a Privilege to Practice in any Remote State.
273	273	G. If a Licensee's Privilege to Practice in any Remote State is
274	274	removed, the individual may lose the Privilege to Practice in all
275	275	other Remote States until the following occur:
276	276	1. The specific period of time for which the Privilege to
277	277	Practice was removed has ended;
278	278	2. All fines have been paid; and
279	279	3. Have not had any Encumbrance or restriction against any
280	280	license or Privilege to Practice within the previous two (2) years.
281	281	H. Once the requirements of Section 4(G) have been met, the
282	282	Licensee must meet the requirements in Section 4(A) to obtain a
283	283	Privilege to Practice in a Remote State.
284	284	SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE
285	285	TO PRACTICE
286	286	A. A Licensed Professional Counselor may hold a Home State
287	287	license, which allows for a Privilege to Practice in other Member
288	288	States, in only one Member State at a time.
289	289	B. If a Licensed Professional Counselor changes primary State of
290	290	residence by moving between two Member States:
291	291	1. The Licensed Professional Counselor shall file an
292	292	application for obtaining a new Home State license based on a
293	293	Privilege to Practice, pay all applicable fees, and notify the
294	294	current and new Home State in accordance with applicable Rules
295	295	adopted by the Commission.
296	296	2. Upon receipt of an application for obtaining a new Home
297	297	State license by virtue of a Privilege to Practice, the new Home
298	298	State shall verify that the Licensed Professional Counselor meets
299	299	the pertinent criteria outlined in Section 4 via the Data System,
300	300	without need for primary source verification except for:
301	301	a. a Federal Bureau of Investigation fingerprint based
302	302	criminal background check if not previously performed or updated
303	303	pursuant to applicable rules adopted by the Commission in
304	304	accordance with Public Law 92-544;
305	305	b. other criminal background check as required by the
306	306	new Home State; and
307	307	c. completion of any requisite Jurisprudence
308	308	Requirements of the new Home State.
309	309	3. The former Home State shall convert the former Home State
310	310	license into a Privilege to Practice once the new Home State has
311	311	activated the new Home State license in accordance with applicable
312	312	Rules adopted by the Commission.
313	313	4. Notwithstanding any other provision of this Compact, if
314	314	the Licensed Professional Counselor cannot meet the criteria in
315	315	Section 4, the new Home State may apply its requirements for issuing
316	316	a new Single State License.
317	317	5. The Licensed Professional Counselor shall pay all
318	318	applicable fees to the new Home State in order to be issued a new
319	319	Home State license.
320	320	C. If a Licensed Professional Counselor changes Primary State of
321	321	Residence by moving from a Member State to a non-Member State, or
322	322	from a non-Member State to a Member State, the State criteria shall
323	323	apply for issuance of a Single State License in the new State.
324	324	D. Nothing in this Compact shall interfere with a Licensee's
325	325	ability to hold a Single State License in multiple States, however
326	326	for the purposes of this Compact, a Licensee shall have only one
327	327	Home State license.
328	328	E. Nothing in this Compact shall affect the requirements
329	329	established by a Member State for the issuance of a Single State
330	330	License.
331	331	SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
332	332	Active Duty Military personnel, or their spouse, shall designate a
333	333	Home State where the individual has a current license in good
334	334	standing. The individual may retain the Home State designation
335	335	during the period the service member is on active duty. Subsequent
336	336	to designating a Home State, the individual shall only change their
337	337	Home State through application for licensure in the new State, or
338	338	through the process outlined in Section 5.
339	339	SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
340	340	A. Member States shall recognize the right of a Licensed
341	341	Professional Counselor, licensed by a Home State in accordance with
342	342	Section 3 and under Rules promulgated by the Commission, to
343	343	practice Professional Counseling in any Member State via Telehealth
344	344	under a Privilege to Practice as provided in the Compact and Rules
345	345	promulgated by the Commission.
346	346	B. A Licensee providing Professional Counseling services in a
347	347	Remote State under the Privilege to Practice shall adhere to the
348	348	laws and regulations of the Remote State.
349	349	SECTION 8. ADVERSE ACTIONS
350	350	A. In addition to the other powers conferred by State law, a Remote
351	351	State shall have the authority, in accordance with existing State
352	352	due process law, to:
353	353	1. Take Adverse Action against a Licensed Professional
354	354	Counselor's Privilege to Practice within that Member State, and
355	355	2. Issue subpoenas for both hearings and investigations
356	356	that require the attendance and testimony of witnesses as well as
357	357	the production of evidence. Subpoenas issued by a Licensing Board
358	358	in a Member State for the attendance and testimony of witnesses or
359	359	the production of evidence from another Member State shall be
360	360	enforced in the latter State by any court of competent
361	361	jurisdiction, according to the practice and procedure of that court
362	362	applicable to subpoenas issued in proceedings pending before it.
363	363	The issuing authority shall pay any witness fees, travel expenses,
364	364	mileage, and other fees required by the service statutes of the
365	365	State in which the witnesses or evidence are located.
366	366	3. Only the Home State shall have the power to take Adverse
367	367	Action against a Licensed Professional Counselor's license issued
368	368	by the Home State.
369	369	B. For purposes of taking Adverse Action, the Home State shall
370	370	give the same priority and effect to reported conduct received from
371	371	a Member State as it would if the conduct had occurred within the
372	372	Home State. In so doing, the Home State shall apply its own State
373	373	laws to determine appropriate action.
374	374	C. The Home State shall complete any pending investigations of a
375	375	Licensed Professional Counselor who changes primary State of
376	376	residence during the course of the investigations. The Home State
377	377	shall also have the authority to take appropriate action(s) and
378	378	shall promptly report the conclusions of the investigations to the
379	379	administrator of the Data System. The administrator of the
380	380	coordinated licensure information system shall promptly notify the
381	381	new Home State of any Adverse Actions.
382	382	D. A Member State, if otherwise permitted by State law, may
383	383	recover from the affected Licensed Professional Counselor the costs
384	384	of investigations and dispositions of cases resulting from any
385	385	Adverse Action taken against that Licensed Professional Counselor.
386	386	E. A Member State may take Adverse Action based on the factual
387	387	findings of the Remote State, provided that the Member State
388	388	follows its own procedures for taking the Adverse Action.
389	389	F. Joint Investigations:
390	390	1. In addition to the authority granted to a Member State by
391	391	its respective Professional Counseling practice act or other
392	392	applicable State law, any Member State may participate with other
393	393	Member States in joint investigations of Licensees.
394	394	2. Member States shall share any investigative, litigation,
395	395	or compliance materials in furtherance of any joint or individual
396	396	investigation initiated under the Compact.
397	397	G. If Adverse Action is taken by the Home State against the license
398	398	of a Licensed Professional Counselor, the Licensed Professional
399	399	Counselor's Privilege to Practice in all other Member States shall
400	400	be deactivated until all Encumbrances have been removed from the
401	401	State license. All Home State disciplinary orders that impose
402	402	Adverse Action against the license of a Licensed Professional
403	403	Counselor shall include a Statement that the Licensed Professional
404	404	Counselor's Privilege to Practice is deactivated in all Member
405	405	States during the pendency of the order.
406	406	H. If a Member State takes Adverse Action, it shall promptly
407	407	notify the administrator of the Data System. The administrator of
408	408	the Data System shall promptly notify the Home State of any Adverse
409	409	Actions by Remote States.
410	410	I. Nothing in this Compact shall override a Member State's
411	411	decision that participation in an Alternative Program may be used
412	412	in lieu of Adverse Action.
413	413	SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
414	414	A. The Compact Member States hereby create and establish a joint
415	415	public agency known as the Counseling Compact Commission:
416	416	1. The Commission is an instrumentality of the Compact
417	417	States.
418	418	2. Venue is proper and judicial proceedings by or against
419	419	the Commission shall be brought solely and exclusively in a court of
420	420	competent jurisdiction where the principal office of the Commission
421	421	is located. The Commission may waive venue and jurisdictional
422	422	defenses to the extent it adopts or consents to participate in
423	423	alternative dispute resolution proceedings.
424	424	3. Nothing in this Compact shall be construed to be a waiver
425	425	of sovereign immunity.
426	426	B. Membership, Voting, and Meetings
427	427	1. Each Member State shall have and be limited to one (1)
428	428	delegate selected by that Member State's Licensing Board.
429	429	2. The delegate shall be either:
430	430	a. A current member of the Licensing Board at the time
431	431	of appointment, who is a Licensed Professional Counselor or public
432	432	member; or
433	433	b. An administrator of the Licensing Board.
434	434	3. Any delegate may be removed or suspended from office as
435	435	provided by the law of the State from which the delegate is
436	436	appointed.
437	437	4. The Member State Licensing Board shall fill any vacancy
438	438	occurring on the Commission within 60 days.
439	439	5. Each delegate shall be entitled to one (1) vote with
440	440	regard to the promulgation of Rules and creation of bylaws and shall
441	441	otherwise have an opportunity to participate in the business and
442	442	affairs of the Commission.
443	443	6. A delegate shall vote in person or by such other means as
444	444	provided in the bylaws. The bylaws may provide for delegates'
445	445	participation in meetings by telephone or other means of
446	446	communication.
447	447	7. The Commission shall meet at least once during each
448	448	calendar year. Additional meetings shall be held as set forth in
449	449	the bylaws.
450	450	8. The Commission shall by Rule establish a term of office
451	451	for delegates and may by Rule establish term limits.
452	452	C. The Commission shall have the following powers and duties:
453	453	1. Establish the fiscal year of the Commission;
454	454	2. Establish bylaws;
455	455	3. Maintain its financial records in accordance with the
456	456	bylaws;
457	457	4. Meet and take such actions as are consistent with the
458	458	provisions of this Compact and the bylaws;
459	459	5. Promulgate Rules which shall be binding to the extent and
460	460	in the manner provided for in the Compact;
461	461	6. Bring and prosecute legal proceedings or actions in the
462	462	name of the Commission, provided that the standing of any State
463	463	Licensing Board to sue or be sued under applicable law shall not be
464	464	affected;
465	465	7. Purchase and maintain insurance and bonds;
466	466	8. Borrow, accept, or contract for services of personnel,
467	467	including, but not limited to, employees of a Member State;
468	468	9. Hire employees, elect or appoint officers, fix
469	469	compensation, define duties, grant such individuals appropriate
470	470	authority to carry out the purposes of the Compact, and establish
471	471	the Commission's personnel policies and programs relating to
472	472	conflicts of interest, qualifications of personnel, and other
473	473	related personnel matters;
474	474	10. Accept any and all appropriate donations and grants of
475	475	money, equipment, supplies, materials, and services, and to
476	476	receive, utilize, and dispose of the same; provided that at all
477	477	times the Commission shall avoid any appearance of impropriety
478	478	and/or conflict of interest;
479	479	11. Lease, purchase, accept appropriate gifts or donations
480	480	of, or otherwise to own, hold, improve or use, any property, real,
481	481	personal or mixed; provided that at all times the Commission shall
482	482	avoid any appearance of impropriety;
483	483	12. Sell convey, mortgage, pledge, lease, exchange,
484	484	abandon, or otherwise dispose of any property real, personal, or
485	485	mixed;
486	486	13. Establish a budget and make expenditures;
487	487	14. Borrow money;
488	488	15. Appoint committees, including standing committees
489	489	composed of members, State regulators, State legislators or their
490	490	representatives, and consumer representatives, and such other
491	491	interested persons as may be designated in this Compact and the
492	492	bylaws;
493	493	16. Provide and receive information from, and cooperate
494	494	with, law enforcement agencies;
495	495	17. Establish and elect an Executive Committee; and
496	496	18. Perform such other functions as may be necessary or
497	497	appropriate to achieve the purposes of this Compact consistent with
498	498	the State regulation of Professional Counseling licensure and
499	499	practice.
500	500	D. The Executive Committee
501	501	1. The Executive Committee shall have the power to act on
502	502	behalf of the Commission according to the terms of this Compact.
503	503	2. The Executive Committee shall be composed of up to eleven
504	504	(11) members:
505	505	a. Seven voting members who are elected by the
506	506	Commission from the current membership of the Commission; and
507	507	b. Up to four (4) ex-officio, nonvoting members from
508	508	four (4) recognized national professional counselor organizations.
509	509	c. The ex-officio members will be selected by their
510	510	respective organizations.
511	511	3. The Commission may remove any member of the Executive
512	512	Committee as provided in bylaws.
513	513	4. The Executive Committee shall meet at least annually.
514	514	5. The Executive Committee shall have the following duties
515	515	and responsibilities:
516	516	a. Recommend to the entire Commission changes to the
517	517	Rules or bylaws, changes to this Compact legislation, fees paid by
518	518	Compact Member States such as annual dues, and any Commission
519	519	Compact fee charged to Licensees for the Privilege to Practice;
520	520	b. Ensure Compact administration services are
521	521	appropriately provided, contractual or otherwise;
522	522	c. Prepare and recommend the budget;
523	523	d. Maintain financial records on behalf of the
524	524	Commission;
525	525	e. Monitor Compact compliance of Member States and
526	526	provide compliance reports to the Commission;
527	527	f. Establish additional committees as necessary; and
528	528	g. Other duties as provided in Rules or bylaws.
529	529	E. Meetings of the Commission
530	530	1. All meetings shall be open to the public, and public
531	531	notice of meetings shall be given in the same manner as required
532	532	under the Rulemaking provisions in Section 11.
533	533	2. The Commission or the Executive Committee or other
534	534	committees of the Commission may convene in a closed, non-public
535	535	meeting if the Commission or Executive Committee or other
536	536	committees of the Commission must discuss:
537	537	a. Non-compliance of a Member State with its
538	538	obligations under the Compact;
539	539	b. The employment, compensation, discipline or other
540	540	matters, practices or procedures related to specific employees or
541	541	other matters related to the Commission's internal personnel
542	542	practices and procedures;
543	543	c. Current, threatened, or reasonably anticipated
544	544	litigation;
545	545	d. Negotiation of contracts for the purchase, lease,
546	546	or sale of goods, services, or real estate;
547	547	e. Accusing any person of a crime or formally
548	548	censuring any person;
549	549	f. Disclosure of trade secrets or commercial or
550	550	financial information that is privileged or confidential;
551	551	g. Disclosure of information of a personal nature
552	552	where disclosure would constitute a clearly unwarranted invasion of
553	553	personal privacy;
554	554	h. Disclosure of investigative records compiled for
555	555	law enforcement purposes;
556	556	i. Disclosure of information related to any
557	557	investigative reports prepared by or on behalf of or for use of the
558	558	Commission or other committee charged with responsibility of
559	559	investigation or determination of compliance issues pursuant to the
560	560	Compact; or
561	561	j. Matters specifically exempted from disclosure by
562	562	federal or Member State statute.
563	563	3. If a meeting, or portion of a meeting, is closed pursuant
564	564	to this provision, the Commission's legal counsel or designee shall
565	565	certify that the meeting may be closed and shall reference each
566	566	relevant exempting provision.
567	567	4. The Commission shall keep minutes that fully and clearly
568	568	describe all matters discussed in a meeting and shall provide a full
569	569	and accurate summary of actions taken, and the reasons therefore,
570	570	including a description of the views expressed. All documents
571	571	considered in connection with an action shall be identified in such
572	572	minutes. All minutes and documents of a closed meeting shall remain
573	573	under seal, subject to release by a majority vote of the Commission
574	574	or order of a court of competent jurisdiction.
575	575	F. Financing of the Commission
576	576	1. The Commission shall pay, or provide for the payment of,
577	577	the reasonable expenses of its establishment, organization, and
578	578	ongoing activities.
579	579	2. The Commission may accept any and all appropriate revenue
580	580	sources, donations, and grants of money, equipment, supplies,
581	581	materials, and services.
582	582	3. The Commission may levy on and collect an annual
583	583	assessment from each Member State or impose fees on other parties to
584	584	cover the cost of the operations and activities of the Commission
585	585	and its staff, which must be in a total amount sufficient to cover
586	586	its annual budget as approved each year for which revenue is not
587	587	provided by other sources. The aggregate annual assessment amount
588	588	shall be allocated based upon a formula to be determined by the
589	589	Commission, which shall promulgate a Rule binding upon all Member
590	590	States.
591	591	4. The Commission shall not incur obligations of any kind
592	592	prior to securing the funds adequate to meet the same; nor shall the
593	593	Commission pledge the credit of any of the Member States, except by
594	594	and with the authority of the Member State.
595	595	5. The Commission shall keep accurate accounts of all
596	596	receipts and disbursements. The receipts and disbursements of the
597	597	Commission shall be subject to the audit and accounting procedures
598	598	established under its bylaws. However, all receipts and
599	599	disbursements of funds handled by the Commission shall be audited
600	600	yearly by a certified or licensed public accountant, and the report
601	601	of the audit shall be included in and become part of the annual
602	602	report of the Commission.
603	603	G. Qualified Immunity, Defense, and Indemnification
604	604	1. The members, officers, executive director, employees and
605	605	representatives of the Commission shall be immune from suit and
606	606	liability, either personally or in their official capacity, for any
607	607	claim for damage to or loss of property or personal injury or other
608	608	civil liability caused by or arising out of any actual or alleged
609	609	act, error or omission that occurred, or that the person against
610	610	whom the claim is made had a reasonable basis for believing occurred
611	611	within the scope of Commission employment, duties or
612	612	responsibilities; provided that nothing in this paragraph shall be
613	613	construed to protect any such person from suit and/or liability for
614	614	any damage, loss, injury, or liability caused by the intentional or
615	615	willful or wanton misconduct of that person.
616	616	2. The Commission shall defend any member, officer,
617	617	executive director, employee or representative of the Commission in
618	618	any civil action seeking to impose liability arising out of any
619	619	actual or alleged act, error, or omission that occurred within the
620	620	scope of Commission employment, duties, or responsibilities, or
621	621	that the person against whom the claim is made had a reasonable
622	622	basis for believing occurred within the scope of Commission
623	623	employment, duties, or responsibilities; provided that nothing
624	624	herein shall be construed to prohibit that person from retaining
625	625	his or her own counsel; and provided further, that the actual or
626	626	alleged act, error, or omission did not result from that person's
627	627	intentional or willful or wanton misconduct.
628	628	3. The Commission shall indemnify and hold harmless any
629	629	member, officer, executive director, employee, or representative
630	630	of the Commission for the amount of any settlement or judgment
631	631	obtained against that person arising out of any actual or alleged
632	632	act, error, or omission that occurred within the scope of
633	633	Commission employment, duties, or responsibilities, or that such
634	634	person had a reasonable basis for believing occurred within the
635	635	scope of Commission employment, duties, or responsibilities,
636	636	provided that the actual or alleged act, error, or omission did not
637	637	result from the intentional or willful or wanton misconduct of that
638	638	person.
639	639	SECTION 10. DATA SYSTEM
640	640	A. The Commission shall provide for the development, maintenance,
641	641	operation, and utilization of a coordinated database and reporting
642	642	system containing licensure, Adverse Action, and Investigative
643	643	Information on all licensed individuals in Member States.
644	644	B. Notwithstanding any other provision of State law to the
645	645	contrary, a Member State shall submit a uniform data set to the Data
646	646	System on all individuals to whom this Compact is applicable as
647	647	required by the Rules of the Commission, including:
648	648	1. Identifying information;
649	649	2. Licensure data;
650	650	3. Adverse Actions against a license or Privilege to
651	651	Practice;
652	652	4. Non-confidential information related to Alternative
653	653	Program participation;
654	654	5. Any denial of application for licensure, and the
655	655	reason(s) for such denial;
656	656	6. Current Significant Investigative Information; and
657	657	7. Other information that may facilitate the administration
658	658	of this Compact, as determined by the Rules of the Commission.
659	659	C. Investigative Information pertaining to a Licensee in any
660	660	Member State will only be available to other Member States.
661	661	D. The Commission shall promptly notify all Member States of any
662	662	Adverse Action taken against a Licensee or an individual applying
663	663	for a license. Adverse Action information pertaining to a Licensee
664	664	in any Member State will be available to any other Member State.
665	665	E. Member States contributing information to the Data System may
666	666	designate information that may not be shared with the public
667	667	without the express permission of the contributing State.
668	668	F. Any information submitted to the Data System that is
669	669	subsequently required to be expunged by the laws of the Member State
670	670	contributing the information shall be removed from the Data System.
671	671	SECTION 11. RULEMAKING
672	672	A. The Commission shall promulgate reasonable Rules in order to
673	673	effectively and efficiently achieve the purpose of the Compact.
674	674	Notwithstanding the foregoing, in the event the Commission
675	675	exercises its Rulemaking authority in a manner that is beyond the
676	676	scope of the purposes of the Compact, or the powers granted
677	677	hereunder, then such an action by the Commission shall be invalid
678	678	and have no force or effect.
679	679	B. The Commission shall exercise its Rulemaking powers pursuant to
680	680	the criteria set forth in this Section and the Rules adopted
681	681	thereunder. Rules and amendments shall become binding as of the
682	682	date specified in each Rule or amendment.
683	683	C. If a majority of the legislatures of the Member States rejects a
684	684	Rule, by enactment of a statute or resolution in the same manner
685	685	used to adopt the Compact within four (4) years of the date of
686	686	adoption of the Rule, then such Rule shall have no further force and
687	687	effect in any Member State.
688	688	D. Rules or amendments to the Rules shall be adopted at a regular
689	689	or special meeting of the Commission.
690	690	E. Prior to promulgation and adoption of a final Rule or Rules by
691	691	the Commission, and at least thirty (30) days in advance of the
692	692	meeting at which the Rule will be considered and voted upon, the
693	693	Commission shall file a Notice of Proposed Rulemaking:
694	694	1. On the website of the Commission or other publicly
695	695	accessible platform; and
696	696	2. On the website of each Member State Professional
697	697	Counseling Licensing Board or other publicly accessible platform or
698	698	the publication in which each State would otherwise publish
699	699	proposed Rules.
700	700	F. The Notice of Proposed Rulemaking shall include:
701	701	1. The proposed time, date, and location of the meeting in
702	702	which the Rule will be considered and voted upon;
703	703	2. The text of the proposed Rule or amendment and the reason
704	704	for the proposed Rule;
705	705	3. A request for comments on the proposed Rule from any
706	706	interested person; and
707	707	4. The manner in which interested persons may submit notice
708	708	to the Commission of their intention to attend the public hearing
709	709	and any written comments.
710	710	G. Prior to adoption of a proposed Rule, the Commission shall
711	711	allow persons to submit written data, facts, opinions, and
712	712	arguments, which shall be made available to the public.
713	713	H. The Commission shall grant an opportunity for a public hearing
714	714	before it adopts a Rule or amendment if a hearing is requested by:
715	715	1. At least twenty-five (25) persons;
716	716	2. A State or federal governmental subdivision or agency; or
717	717	3. An association having at least twenty-five (25) members.
718	718	I. If a hearing is held on the proposed Rule or amendment, the
719	719	Commission shall publish the place, time, and date of the scheduled
720	720	public hearing. If the hearing is held via electronic means, the
721	721	Commission shall publish the mechanism for access to the electronic
722	722	hearing.
723	723	1. All persons wishing to be heard at the hearing shall
724	724	notify the executive director of the Commission or other designated
725	725	member in writing of their desire to appear and testify at the
726	726	hearing not less than five (5) business days before the scheduled
727	727	date of the hearing.
728	728	2. Hearings shall be conducted in a manner providing each
729	729	person who wishes to comment a fair and reasonable opportunity to
730	730	comment orally or in writing.
731	731	3. All hearings will be recorded. A copy of the recording
732	732	will be made available on request.
733	733	4. Nothing in this section shall be construed as requiring a
734	734	separate hearing on each Rule. Rules may be grouped for the
735	735	convenience of the Commission at hearings required by this section.
736	736	J. Following the scheduled hearing date, or by the close of
737	737	business on the scheduled hearing date if the hearing was not held,
738	738	the Commission shall consider all written and oral comments
739	739	received.
740	740	K. If no written notice of intent to attend the public hearing by
741	741	interested parties is received, the Commission may proceed with
742	742	promulgation of the proposed Rule without a public hearing.
743	743	L. The Commission shall, by majority vote of all members, take
744	744	final action on the proposed Rule and shall determine the effective
745	745	date of the Rule, if any, based on the Rulemaking record and the
746	746	full text of the Rule.
747	747	M. Upon determination that an emergency exists, the Commission may
748	748	consider and adopt an emergency Rule without prior notice,
749	749	opportunity for comment, or hearing, provided that the usual
750	750	Rulemaking procedures provided in the Compact and in this section
751	751	shall be retroactively applied to the Rule as soon as reasonably
752	752	possible, in no event later than ninety (90) days after the
753	753	effective date of the Rule. For the purposes of this provision, an
754	754	emergency Rule is one that must be adopted immediately in order to:
755	755	1. Meet an imminent threat to public health, safety, or
756	756	welfare;
757	757	2. Prevent a loss of Commission or Member State funds;
758	758	3. Meet a deadline for the promulgation of an administrative
759	759	Rule that is established by federal law or Rule; or
760	760	4. Protect public health and safety.
761	761	N. The Commission or an authorized committee of the Commission may
762	762	direct revisions to a previously adopted Rule or amendment for
763	763	purposes of correcting typographical errors, errors in format,
764	764	errors in consistency, or grammatical errors. Public notice of any
765	765	revisions shall be posted on the website of the Commission. The
766	766	revision shall be subject to challenge by any person for a period of
767	767	thirty (30) days after posting. The revision may be challenged only
768	768	on grounds that the revision results in a material change to a Rule.
769	769	A challenge shall be made in writing and delivered to the chair of
770	770	the Commission prior to the end of the notice period. If no
771	771	challenge is made, the revision will take effect without further
772	772	action. If the revision is challenged, the revision may not take
773	773	effect without the approval of the Commission.
774	774	SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
775	775	A. Oversight
776	776	1. The executive, legislative, and judicial branches of
777	777	State government in each Member State shall enforce this Compact
778	778	and take all actions necessary and appropriate to effectuate the
779	779	Compact's purposes and intent. The provisions of this Compact and
780	780	the Rules promulgated hereunder shall have standing as statutory
781	781	law.
782	782	2. All courts shall take judicial notice of the Compact and
783	783	the Rules in any judicial or administrative proceeding in a Member
784	784	State pertaining to the subject matter of this Compact which may
785	785	affect the powers, responsibilities, or actions of the Commission.
786	786	3. The Commission shall be entitled to receive service of
787	787	process in any such proceeding and shall have standing to intervene
788	788	in such a proceeding for all purposes. Failure to provide service
789	789	of process to the Commission shall render a judgment or order void
790	790	as to the Commission, this Compact, or promulgated Rules.
791	791	B. Default, Technical Assistance, and Termination
792	792	1. If the Commission determines that a Member State has
793	793	defaulted in the performance of its obligations or responsibilities
794	794	under this Compact or the promulgated Rules, the Commission shall:
795	795	a. Provide written notice to the defaulting State and
796	796	other Member States of the nature of the default, the proposed means
797	797	of curing the default and/or any other action to be taken by the
798	798	Commission; and
799	799	b. Provide remedial training and specific technical
800	800	assistance regarding the default.
801	801	C. If a State in default fails to cure the default, the defaulting
802	802	State may be terminated from the Compact upon an affirmative vote of
803	803	a majority of the Member States, and all rights, privileges and
804	804	benefits conferred by this Compact may be terminated on the
805	805	effective date of termination. A cure of the default does not
806	806	relieve the offending State of obligations or liabilities incurred
807	807	during the period of default.
808	808	D. Termination of membership in the Compact shall be imposed only
809	809	after all other means of securing compliance have been exhausted.
810	810	Notice of intent to suspend or terminate shall be given by the
811	811	Commission to the governor, the majority and minority leaders of
812	812	the defaulting State's legislature, and each of the Member States.
813	813	E. A State that has been terminated is responsible for all
814	814	assessments, obligations, and liabilities incurred through the
815	815	effective date of termination, including obligations that extend
816	816	beyond the effective date of termination.
817	817	F. The Commission shall not bear any costs related to a State that
818	818	is found to be in default or that has been terminated from the
819	819	Compact, unless agreed upon in writing between the Commission and
820	820	the defaulting State.
821	821	G. The defaulting State may appeal the action of the Commission by
822	822	petitioning the U.S. District Court for the District of Columbia or
823	823	the federal district where the Commission has its principal
824	824	offices. The prevailing member shall be awarded all costs of such
825	825	litigation, including reasonable attorney's fees.
826	826	H. Dispute Resolution
827	827	1. Upon request by a Member State, the Commission shall
828	828	attempt to resolve disputes related to the Compact that arise among
829	829	Member States and between member and non-Member States.
830	830	2. The Commission shall promulgate a Rule providing for both
831	831	mediation and binding dispute resolution for disputes as
832	832	appropriate.
833	833	I. Enforcement
834	834	1. The Commission, in the reasonable exercise of its
835	835	discretion, shall enforce the provisions and Rules of this Compact.
836	836	2. By majority vote, the Commission may initiate legal
837	837	action in the United States District Court for the District of
838	838	Columbia or the federal district where the Commission has its
839	839	principal offices against a Member State in default to enforce
840	840	compliance with the provisions of the Compact and its promulgated
841	841	Rules and bylaws. The relief sought may include both injunctive
842	842	relief and damages. In the event judicial enforcement is
843	843	necessary, the prevailing member shall be awarded all costs of such
844	844	litigation, including reasonable attorney's fees.
845	845	3. The remedies herein shall not be the exclusive remedies
846	846	of the Commission. The Commission may pursue any other remedies
847	847	available under federal or State law.
848	848	SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT
849	849	COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
850	850	A. The Compact shall come into effect on the date on which the
851	851	Compact statute is enacted into law in the tenth Member State. The
852	852	provisions, which become effective at that time, shall be limited
853	853	to the powers granted to the Commission relating to assembly and the
854	854	promulgation of Rules. Thereafter, the Commission shall meet and
855	855	exercise Rulemaking powers necessary to the implementation and
856	856	administration of the Compact.
857	857	B. Any State that joins the Compact subsequent to the Commission's
858	858	initial adoption of the Rules shall be subject to the Rules as they
859	859	exist on the date on which the Compact becomes law in that State.
860	860	Any Rule that has been previously adopted by the Commission shall
861	861	have the full force and effect of law on the day the Compact becomes
862	862	law in that State.
863	863	C. Any Member State may withdraw from this Compact by enacting a
864	864	statute repealing the same.
865	865	1. A Member State's withdrawal shall not take effect until
866	866	six (6) months after enactment of the repealing statute.
867	867	2. Withdrawal shall not affect the continuing requirement
868	868	of the withdrawing State's Professional Counseling Licensing Board
869	869	to comply with the investigative and Adverse Action reporting
870	870	requirements of this act prior to the effective date of withdrawal.
871	871	D. Nothing contained in this Compact shall be construed to
872	872	invalidate or prevent any Professional Counseling licensure
873	873	agreement or other cooperative arrangement between a Member State
874	874	and a non-Member State that does not conflict with the provisions of
875	875	this Compact.
876	876	E. This Compact may be amended by the Member States. No amendment
877	877	to this Compact shall become effective and binding upon any Member
878	878	State until it is enacted into the laws of all Member States.
879	879	SECTION 14. CONSTRUCTION AND SEVERABILITY
880	880	This Compact shall be liberally construed so as to effectuate the
881	881	purposes thereof. The provisions of this Compact shall be
882	882	severable and if any phrase, clause, sentence or provision of this
883	883	Compact is declared to be contrary to the constitution of any Member
884	884	State or of the United States or the applicability thereof to any
885	885	government, agency, person or circumstance is held invalid, the
886	886	validity of the remainder of this Compact and the applicability
887	887	thereof to any government, agency, person or circumstance shall not
888	888	be affected thereby. If this Compact shall be held contrary to the
889	889	constitution of any Member State, the Compact shall remain in full
890	890	force and effect as to the remaining Member States and in full force
891	891	and effect as to the Member State affected as to all severable
892	892	matters.
893	893	SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS
894	894	A. A Licensee providing Professional Counseling services in a
895	895	Remote State under the Privilege to Practice shall adhere to the
896	896	laws and regulations, including scope of practice, of the Remote
897	897	State.
898	898	B. Nothing herein prevents the enforcement of any other law of a
899	899	Member State that is not inconsistent with the Compact.
900	900	C. Any laws in a Member State in conflict with the Compact are
901	901	superseded to the extent of the conflict.
902	902	D. Any lawful actions of the Commission, including all Rules and
903	903	bylaws properly promulgated by the Commission, are binding upon the
904	904	Member States.
905	905	E. All permissible agreements between the Commission and the
906	906	Member States are binding in accordance with their terms.
907	907	F. In the event any provision of the Compact exceeds the
908	908	constitutional limits imposed on the legislature of any Member
909	909	State, the provision shall be ineffective to the extent of the
910	910	conflict with the constitutional provision in question in that
911	911	Member State.
912	912	Sec. 503.502. ADMINISTRATION OF COMPACT. The executive
913	913	council is the Licensed Professional Counselors Compact
914	914	administrator for this state.
915	915	Sec. 503.503. RULES. The executive council may adopt rules
916	916	necessary to implement this subchapter.
917	917	SECTION 2. This Act takes effect September 1, 2023.