Texas 2023 - 88th Regular

Texas House Bill HB5289 Compare Versions

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1	1	88R7898 SCP-D
2	2	By: Raney H.B. No. 5289
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the professional counselors licensure compact.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 503, Occupations Code, is amended by
10	10	adding Subchapter K to read as follows:
11	11	SUBCHAPTER K. PROFESSIONAL COUNSELORS LICENSURE COMPACT
12	12	Sec. 503.501. PROFESSIONAL COUNSELORS LICENSURE COMPACT.
13	13	The Professional Counselors Licensure Compact is enacted and
14	14	entered into with all other jurisdictions that legally join in the
15	15	compact, which reads as follows:
16	16	ARTICLE I
17	17	PURPOSE
18	18	The compact is designed to achieve the following purposes and
19	19	objectives:
20	20	(1) Facilitate interstate practice of licensed professional
21	21	counseling to increase public access to professional counseling
22	22	services by providing for the mutual recognition of other member
23	23	state licenses.
24	24	(2) Enhance the member states' ability to protect the
25	25	public's health and safety.
26	26	(3) Encourage the cooperation of member states in
27	27	regulating multistate practice of licensed professional
28	28	counselors.
29	29	(4) Support spouses of relocating active duty military
30	30	personnel.
31	31	(5) Facilitate the exchange of information between member
32	32	states regarding licensure, investigations, adverse actions, and
33	33	disciplinary history of licensed professional counselors.
34	34	(6) Allow for the use of telehealth technology to facilitate
35	35	increased access to professional counseling services.
36	36	(7) Support the uniformity of professional counseling
37	37	licensure requirements throughout member states to promote public
38	38	safety and public health benefits.
39	39	(8) Provide member states with the authority to hold a
40	40	licensed professional counselor accountable for meeting all state
41	41	practice laws in the state in which the client is located at the
42	42	time care is rendered through the mutual recognition of member
43	43	state licenses.
44	44	(9) Eliminate the necessity for licensed professional
45	45	counselors to hold licenses in multiple states and provide
46	46	opportunities for interstate practice by licensed professional
47	47	counselors who meet uniform licensure requirements.
48	48	ARTICLE II
49	49	DEFINITIONS
50	50	As used in this compact, the term:
51	51	(1) "Active duty military" means full-time duty status in
52	52	the active uniformed service of the United States, including, but
53	53	not limited to, members of the National Guard and Reserve on active
54	54	duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
55	55	(2) "Adverse action" means any administrative, civil, or
56	56	criminal action authorized by a state's laws which is imposed by a
57	57	licensing board or other authority against a licensed professional
58	58	counselor, including actions against an individual's license or
59	59	privilege to practice, such as revocation, suspension, probation,
60	60	monitoring of the licensee, limitation on the licensee's practice,
61	61	issuance of a cease and desist action, or any other encumbrance on
62	62	licensure affecting a licensed professional counselor's
63	63	authorization to practice.
64	64	(3) "Alternative program" means a nondisciplinary
65	65	monitoring or practice remediation process approved by a
66	66	professional counseling licensing board to address impaired
67	67	practitioners.
68	68	(4) "Continuing education" means a requirement, as a
69	69	condition of license renewal, to participate in or complete
70	70	educational and professional activities relevant to the licensee's
71	71	practice or area of work.
72	72	(5) "Counseling Compact Commission" or "commission" means
73	73	the national administrative body whose membership consists of all
74	74	states that have enacted the compact.
75	75	(6) "Current significant investigative information" means:
76	76	(a) Investigative information that a licensing board, after
77	77	a preliminary inquiry that includes notification and an opportunity
78	78	for the licensed professional counselor to respond, if required by
79	79	state law, has reason to believe is not groundless and, if proved
80	80	true, would indicate more than a minor infraction; or
81	81	(b) Investigative information that indicates that the
82	82	licensed professional counselor represents an immediate threat to
83	83	public health and safety, regardless of whether the licensed
84	84	professional counselor has been notified and had an opportunity to
85	85	respond.
86	86	(7) "Data system" means a repository of information about
87	87	licensees, including, but not limited to, information relating to
88	88	continuing education, examinations, licensure statuses,
89	89	investigations, the privilege to practice, and adverse actions.
90	90	(8) "Encumbered license" means a license in which an adverse
91	91	action restricts the practice of licensed professional counseling
92	92	by the licensee and said adverse action has been reported to the
93	93	National Practitioner Data Bank.
94	94	(9) "Encumbrance" means a revocation or suspension of, or
95	95	any limitation on, the full and unrestricted practice of licensed
96	96	professional counseling by a licensing board.
97	97	(10) "Executive committee" means a group of directors
98	98	elected or appointed to act on behalf of, and within the powers
99	99	granted to them by, the commission.
100	100	(11) "Home state" means the member state that is the
101	101	licensee's primary state of residence.
102	102	(12) "Impaired practitioner" means an individual who has a
103	103	condition that may impair his or her ability to safely practice as a
104	104	licensed professional counselor without intervention. Such
105	105	impairment may include, but is not limited to, alcohol or drug
106	106	dependence, mental health conditions, and neurological or physical
107	107	conditions.
108	108	(13) "Investigative information" means information,
109	109	records, or documents received or generated by a professional
110	110	counseling licensing board pursuant to an investigation.
111	111	(14) "Jurisprudence requirement," if required by a member
112	112	state, means the assessment of an individual's knowledge of the
113	113	laws and rules governing the practice of professional counseling in
114	114	a state.
115	115	(15) "Licensed professional counselor" means a counselor
116	116	licensed by a member state, regardless of the title used by that
117	117	state, to independently assess, diagnose, and treat behavioral
118	118	health conditions.
119	119	(16) "Licensee" means an individual who currently holds an
120	120	authorization from the state to practice as a licensed professional
121	121	counselor.
122	122	(17) "Licensing board" means the agency of a state, or
123	123	equivalent, that is responsible for the licensing and regulation of
124	124	licensed professional counselors.
125	125	(18) "Member state" means a state that has enacted the
126	126	compact.
127	127	(19) "Privilege to practice" means a legal authorization,
128	128	which is equivalent to a license, authorizing the practice of
129	129	professional counseling in a remote state.
130	130	(20) "Professional counseling" means the assessment,
131	131	diagnosis, and treatment of behavioral health conditions by a
132	132	licensed professional counselor.
133	133	(21) "Remote state" means a member state, other than the
134	134	home state, where a licensee is exercising or seeking to exercise
135	135	the privilege to practice.
136	136	(22) "Rule" means a regulation adopted by the commission
137	137	which has the force of law.
138	138	(23) "Single state license" means a licensed professional
139	139	counselor license issued by a member state which authorizes
140	140	practice only within the issuing state and does not include a
141	141	privilege to practice in any other member state.
142	142	(24) "State" means any state, commonwealth, district, or
143	143	territory of the United States of America which regulates the
144	144	practice of professional counseling.
145	145	(25) "Telehealth" means the application of
146	146	telecommunication technology to deliver professional counseling
147	147	services remotely to assess, diagnose, and treat behavioral health
148	148	conditions.
149	149	(26) "Unencumbered license" means a license that authorizes
150	150	a licensed professional counselor to engage in the full and
151	151	unrestricted practice of professional counseling.
152	152	ARTICLE III
153	153	STATE PARTICIPATION
154	154	(1) To participate in the compact, a state must currently do
155	155	all of the following:
156	156	(a) License and regulate licensed professional counselors.
157	157	(b) Require licensees to pass a nationally recognized exam
158	158	approved by the commission.
159	159	(c) Require licensees to have a 60 semester hour, or 90
160	160	quarter hour, master's degree in counseling or 60 semester hours,
161	161	or 90 quarter hours, of graduate coursework including all of the
162	162	following topic areas:
163	163	1. Professional counseling orientation and ethical
164	164	practice.
165	165	2. Social and cultural diversity.
166	166	3. Human growth and development.
167	167	4. Career development.
168	168	5. Counseling and helping relationships.
169	169	6. Group counseling and group work.
170	170	7. Diagnosis, assessment, testing, and treatment.
171	171	8. Research and program evaluation.
172	172	9. Other areas as determined by the commission.
173	173	(d) Require licensees to complete a supervised postgraduate
174	174	professional experience as defined by the commission.
175	175	(e) Have a mechanism in place for receiving and
176	176	investigating complaints about licensees.
177	177	(2) A member state shall do all of the following:
178	178	(a) Participate fully in the commission's data system,
179	179	including using the commission's unique identifier as defined in
180	180	rules adopted by the commission.
181	181	(b) Notify the commission, in compliance with the terms of
182	182	the compact and rules adopted by the commission, of any adverse
183	183	action or the availability of investigative information regarding a
184	184	licensee.
185	185	(c) Implement or utilize procedures for considering the
186	186	criminal history records of applicants for an initial privilege to
187	187	practice. These procedures must include the submission of
188	188	fingerprints or other biometric-based information by applicants
189	189	for the purpose of obtaining an applicant's criminal history record
190	190	information from the Federal Bureau of Investigation and the agency
191	191	responsible for retaining that state's criminal records.
192	192	1. A member state must fully implement a criminal background
193	193	check requirement, within a timeframe established by rule, by
194	194	receiving the results of the Federal Bureau of Investigation record
195	195	search and shall use the results in making licensure decisions.
196	196	2. Communication between a member state and the commission
197	197	and among member states regarding the verification of eligibility
198	198	for licensure through the compact may not include any information
199	199	received from the Federal Bureau of Investigation relating to a
200	200	federal criminal records check performed by a member state under
201	201	Public Law 92-544.
202	202	(d) Comply with the rules adopted by the commission.
203	203	(e) Require an applicant to obtain or retain a license in
204	204	the home state and meet the home state's qualifications for
205	205	licensure or renewal of licensure, as well as all other applicable
206	206	state laws.
207	207	(f) Grant the privilege to practice to a licensee holding a
208	208	valid unencumbered license in another member state in accordance
209	209	with the terms of the compact and rules adopted by the commission.
210	210	(g) Provide for the attendance of the state's commissioner
211	211	at the commission meetings.
212	212	(3) Individuals not residing in a member state may continue
213	213	to apply for a member state's single state license as provided under
214	214	the laws of each member state. However, the single state license
215	215	granted to these individuals may not be recognized as granting a
216	216	privilege to practice professional counseling under the compact in
217	217	any other member state.
218	218	(4) Nothing in this compact affects the requirements
219	219	established by a member state for the issuance of a single state
220	220	license.
221	221	(5) A professional counselor license issued by a home state
222	222	to a resident of that state must be recognized by each member state
223	223	as authorizing that licensed professional counselor to practice
224	224	professional counseling, under a privilege to practice, in each
225	225	member state.
226	226	ARTICLE IV
227	227	PRIVILEGE TO PRACTICE
228	228	(1) To exercise the privilege to practice under the terms
229	229	and provisions of the compact, the licensee must meet all of the
230	230	following criteria:
231	231	(a) Hold a license in the home state.
232	232	(b) Have a valid United States Social Security Number or
233	233	national provider identifier.
234	234	(c) Be eligible for a privilege to practice in any member
235	235	state in accordance with subsections (4), (7), and (8).
236	236	(d) Have not had any encumbrance or restriction against any
237	237	license or privilege to practice within the preceding 2 years.
238	238	(e) Notify the commission that the licensee is seeking the
239	239	privilege to practice within a remote state.
240	240	(f) Meet any continuing education requirements established
241	241	by the home state.
242	242	(g) Meet any jurisprudence requirements established by the
243	243	remote state in which the licensee is seeking a privilege to
244	244	practice.
245	245	(h) Report to the commission any adverse action,
246	246	encumbrance, or restriction on a license taken by any nonmember
247	247	state within 30 days after the action is taken.
248	248	(2) The privilege to practice is valid until the expiration
249	249	date of the home state license. The licensee must continue to meet
250	250	the criteria specified in subsection (1) to renew the privilege to
251	251	practice in the remote state.
252	252	(3) For purposes of the compact, the practice of
253	253	professional counseling occurs in the state where the client is
254	254	located at the time of the counseling services. The compact does
255	255	not affect the regulatory authority of states to protect public
256	256	health and safety through their own system of state licensure.
257	257	(4) A licensee providing professional counseling in a
258	258	remote state under the privilege to practice must adhere to the laws
259	259	and regulations of the remote state.
260	260	(5) A licensee providing professional counseling services
261	261	in a remote state is subject to that state's regulatory authority.
262	262	A remote state may, in accordance with due process and that state's
263	263	laws, remove a licensee's privilege to practice in the remote state
264	264	for a specified period of time, impose fines, or take any other
265	265	action necessary to protect the health and safety of its residents.
266	266	The licensee may be ineligible for a privilege to practice in any
267	267	member state until the specific time for removal has passed and all
268	268	fines are paid.
269	269	(6) If a home state license is encumbered, a licensee loses
270	270	the privilege to practice in any remote state until both of the
271	271	following conditions are met:
272	272	(a) The home state license is no longer encumbered.
273	273	(b) The licensee has not had any encumbrance or restriction
274	274	against any license or privilege to practice within the preceding 2
275	275	years.
276	276	(7) Once an encumbered license in the licensee's home state
277	277	is restored to good standing, the licensee may obtain a privilege to
278	278	practice in any remote state if he or she meets the requirements of
279	279	subsection (1).
280	280	(8) If a licensee's privilege to practice in any remote
281	281	state is removed, the individual may lose the privilege to practice
282	282	in all other remote states until all of the following conditions are
283	283	met:
284	284	(a) The specified period of time for which the privilege to
285	285	practice was removed has ended.
286	286	(b) The licensee has paid all fines imposed.
287	287	(c) The licensee has not had any encumbrance or restriction
288	288	against any license or privilege to practice within the preceding 2
289	289	years.
290	290	(9) Once the requirements of subsection (8) have been met,
291	291	the licensee may obtain a privilege to practice in a remote state if
292	292	he or she meets the requirements in subsection (1).
293	293	ARTICLE V
294	294	OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE
295	295	(1) A licensed professional counselor may hold a home state
296	296	license, which allows for a privilege to practice in other member
297	297	states, in only one member state at a time.
298	298	(2) If a licensed professional counselor changes his or her
299	299	primary state of residence by moving between two member states,
300	300	then the licensed professional counselor must file an application
301	301	for obtaining a new home state license based on a privilege to
302	302	practice and notify the current and new home state in accordance
303	303	with applicable rules adopted by the commission.
304	304	(3) Upon receipt of an application for obtaining a new home
305	305	state license based on a privilege to practice, the new home state
306	306	must verify that the licensed professional counselor meets the
307	307	criteria outlined in article IV through the data system. The new
308	308	home state does not need to seek primary source verification for
309	309	information obtained from the data system, except for the
310	310	following:
311	311	(a) A Federal Bureau of Investigation fingerprint-based
312	312	criminal background check, if not previously performed or updated
313	313	pursuant to applicable rules adopted by the commission in
314	314	accordance with Public Law 92-544;
315	315	(b) Any other criminal background check as required by the
316	316	new home state; and
317	317	(c) Proof of completion of any requisite jurisprudence
318	318	requirements of the new home state.
319	319	(4) The former home state shall convert the former home
320	320	state license into a privilege to practice once the new home state
321	321	has activated the new home state license in accordance with
322	322	applicable rules adopted by the commission.
323	323	(5) Notwithstanding any other provision of the compact, if
324	324	the licensed professional counselor does not meet the criteria in
325	325	article IV, the new home state may apply its own requirements for
326	326	issuing a new single state license.
327	327	(6) If a licensed professional counselor changes his or her
328	328	primary state of residence by moving from a member state to a
329	329	nonmember state or from a nonmember state to a member state, the new
330	330	state's own criteria apply for issuance of a single state license in
331	331	the new state.
332	332	(7) The compact does not interfere with a licensee's ability
333	333	to hold a single state license in multiple states. However, for the
334	334	purposes of the compact, a licensee may have only one home state
335	335	license.
336	336	(8) The compact does not affect the requirements
337	337	established by a member state for the issuance of a single state
338	338	license.
339	339	ARTICLE VI
340	340	ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES
341	341	Active duty military personnel, or their spouse, shall
342	342	designate a home state where the individual has a current license in
343	343	good standing. The individual may retain the home state license
344	344	designation during the period the service member is on active duty.
345	345	Subsequent to designating a home state, the individual may change
346	346	his or her home state only through application for licensure in the
347	347	new state or through the process outlined in article V.
348	348	ARTICLE VII
349	349	COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
350	350	(1) Member states shall recognize the right of a licensed
351	351	professional counselor, licensed by a home state in accordance with
352	352	article III and under rules adopted by the commission, to practice
353	353	professional counseling in any member state through telehealth
354	354	under a privilege to practice as provided in the compact and rules
355	355	adopted by the commission.
356	356	(2) A licensee providing professional counseling services
357	357	in a remote state through telehealth under the privilege to
358	358	practice must adhere to the laws and rules of the remote state.
359	359	ARTICLE VIII
360	360	ADVERSE ACTIONS
361	361	(1) In addition to the other powers conferred by state law,
362	362	a remote state has the authority, in accordance with existing state
363	363	due process law, to do any of the following:
364	364	(a) Take adverse action against a licensed professional
365	365	counselor's privilege to practice within that member state.
366	366	(b) Issue subpoenas for both hearings and investigations
367	367	that require the attendance and testimony of witnesses or the
368	368	production of evidence. Subpoenas issued by a licensing board in a
369	369	member state for the attendance and testimony of witnesses or the
370	370	production of evidence from another member state must be enforced
371	371	in the latter state by any court of competent jurisdiction,
372	372	according to the practice and procedure of that court applicable to
373	373	subpoenas issued in proceedings pending before it. The issuing
374	374	authority shall pay any witness fees, travel expenses, mileage, and
375	375	other fees required by the service statutes of the state in which
376	376	the witnesses or evidence is located.
377	377	(2) Only the home state has the power to take adverse action
378	378	against a licensed professional counselor's license issued by the
379	379	home state.
380	380	(3) For purposes of taking adverse action, the home state
381	381	shall give the same priority and effect to reported conduct
382	382	received from a member state as it would if the conduct had occurred
383	383	within the home state. The home state shall apply its own state
384	384	laws to determine appropriate action in such cases.
385	385	(4) The home state shall complete any pending
386	386	investigations of a licensed professional counselor who changes
387	387	primary state of residence during the course of the investigations.
388	388	The home state may also take appropriate action and shall promptly
389	389	report the conclusions of the investigations to the administrator
390	390	of the data system. The administrator of the data system shall
391	391	promptly notify the new home state of any adverse actions.
392	392	(5) A member state, if authorized by state law, may recover
393	393	from the affected licensed professional counselor the costs of
394	394	investigations and dispositions of any cases resulting from adverse
395	395	action taken against that licensed professional counselor.
396	396	(6) A member state may take adverse action against a
397	397	licensed professional counselor based on the factual findings of a
398	398	remote state, provided that the member state follows its own
399	399	statutory procedures for taking adverse action.
400	400	(7)(a) In addition to the authority granted to a member
401	401	state by its respective professional counseling practice act or
402	402	other applicable state law, any member state may participate with
403	403	other member states in joint investigations of licensees.
404	404	(b) Member states shall share any investigative,
405	405	litigation, or compliance materials in furtherance of any joint or
406	406	individual investigation initiated under the compact.
407	407	(8) If adverse action is taken by the home state against the
408	408	license of a professional counselor, the licensed professional
409	409	counselor's privilege to practice in all other member states must
410	410	be deactivated until all encumbrances have been removed from the
411	411	home state license. All home state disciplinary orders that impose
412	412	adverse action against the license of a professional counselor must
413	413	include a statement that the licensed professional counselor's
414	414	privilege to practice is deactivated in all member states while the
415	415	order is in effect.
416	416	(9) If a member state takes adverse action, it must promptly
417	417	notify the administrator of the data system. The administrator
418	418	shall promptly notify the licensee's home state of any adverse
419	419	actions by remote states.
420	420	(10) Nothing in the compact overrides a member state's
421	421	decision to allow a licensed professional counselor to participate
422	422	in an alternative program in lieu of adverse action.
423	423	ARTICLE IX
424	424	ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
425	425	(1) COMMISSION CREATED. — The compact member states hereby
426	426	create and establish a joint public agency known as the Counseling
427	427	Compact Commission.
428	428	(a) The commission is an instrumentality of the compact
429	429	states.
430	430	(b) Venue is proper, and judicial proceedings by or against
431	431	the commission shall be brought solely and exclusively in a court of
432	432	competent jurisdiction where the principal office of the commission
433	433	is located. The commission may waive venue and jurisdictional
434	434	defenses to the extent that it adopts or consents to participate in
435	435	alternative dispute resolution proceedings.
436	436	(c) Nothing in the compact may be construed to be a waiver of
437	437	sovereign immunity.
438	438	(2) MEMBERSHIP.-
439	439	(a) The commission shall consist of one voting delegate,
440	440	appointed by each member state's licensing board. The commission,
441	441	by rule, shall establish a term of office for delegates and may
442	442	establish term limits.
443	443	(b) The delegate must be either:
444	444	1. A current member of the licensing board at the time of
445	445	appointment, who is a licensed professional counselor or public
446	446	member; or
447	447	2. An administrator of the licensing board.
448	448	(c) A delegate may be removed or suspended from office as
449	449	provided by the law of the state from which the delegate is
450	450	appointed.
451	451	(d) The member state licensing board must fill any vacancy
452	452	occurring on the commission within 60 days.
453	453	(e) Each delegate is entitled to one vote with regard to the
454	454	adoption of rules and creation of bylaws and shall otherwise
455	455	participate in the business and affairs of the commission.
456	456	(f) A delegate shall vote in person or by such other means as
457	457	provided in the bylaws. The bylaws may provide for delegates'
458	458	participation in meetings by telephone or other means of
459	459	communication.
460	460	(3) MEETINGS OF THE COMMISSION.-
461	461	(a) The commission shall meet at least once during each
462	462	calendar year. Additional meetings must be held as set forth in the
463	463	bylaws.
464	464	(b) All meetings must be open to the public, and public
465	465	notice of meetings must be given in the same manner as required
466	466	under the rulemaking provisions in article XI.
467	467	(c) The commission or the executive committee or other
468	468	committees of the commission may convene in a closed, nonpublic
469	469	meeting if the commission or executive committee or other
470	470	committees of the commission must discuss any of the following:
471	471	1. Noncompliance of a member state with its obligations
472	472	under the compact.
473	473	2. The employment, compensation, discipline, or other
474	474	matters, practices, or procedures related to specific employees, or
475	475	other matters related to the commission's internal personnel
476	476	practices and procedures.
477	477	3. Current, threatened, or reasonably anticipated
478	478	litigation.
479	479	4. Negotiation of contracts for the purchase, lease, or sale
480	480	of goods, services, or real estate.
481	481	5. Accusing any person of a crime or formally censuring any
482	482	person.
483	483	6. Disclosure of trade secrets or commercial or financial
484	484	information that is privileged or confidential.
485	485	7. Disclosure of information of a personal nature if
486	486	disclosure would constitute a clearly unwarranted invasion of
487	487	personal privacy.
488	488	8. Disclosure of investigative records compiled for law
489	489	enforcement purposes.
490	490	9. Disclosure of information related to any investigative
491	491	reports prepared by or on behalf of or for use of the commission or
492	492	other committee charged with responsibility of investigation or
493	493	determination of compliance issues pursuant to the compact.
494	494	10. Matters specifically exempted from disclosure by
495	495	federal or member state law.
496	496	(d) If a meeting, or portion of a meeting, is closed under
497	497	this subsection, the commission's legal counsel or designee must
498	498	certify that the meeting may be closed and must reference each
499	499	relevant exempting provision.
500	500	(e) The commission shall keep minutes that fully and clearly
501	501	describe all matters discussed in a meeting and shall provide a full
502	502	and accurate summary of actions taken, and the reasons therefore,
503	503	including a description of the views expressed. All documents
504	504	considered in connection with an action must be identified in such
505	505	minutes. All minutes and documents of a closed meeting must remain
506	506	under seal, subject to release by a majority vote of the commission
507	507	or order of a court of competent jurisdiction.
508	508	(4) POWERS. — The commission may do any of the following:
509	509	(a) Establish the fiscal year of the commission.
510	510	(b) Establish bylaws.
511	511	(c) Maintain its financial records in accordance with the
512	512	bylaws.
513	513	(d) Meet and take actions that are consistent with the
514	514	compact and bylaws.
515	515	(e) Adopt rules that are binding to the extent and in the
516	516	manner provided for in the compact.
517	517	(f) Initiate and prosecute legal proceedings or actions in
518	518	the name of the commission, provided that the standing of any state
519	519	licensing board to sue or be sued under applicable law is not
520	520	affected.
521	521	(g) Purchase and maintain insurance and bonds.
522	522	(h) Borrow, accept, or contract for services of personnel,
523	523	including, but not limited to, employees of a member state.
524	524	(i) Hire employees and elect or appoint officers; fix
525	525	compensation for, define duties of, and grant appropriate authority
526	526	to such employees and officers to carry out the purposes of the
527	527	compact; and establish the commission's personnel policies and
528	528	programs relating to conflicts of interest, qualifications of
529	529	personnel, and other related personnel matters.
530	530	(j) Accept any and all appropriate donations and grants of
531	531	money, equipment, supplies, materials, and services, and receive,
532	532	utilize, and dispose of the same, provided that at all times the
533	533	commission avoids any appearance of impropriety or conflict of
534	534	interest.
535	535	(k) Lease, purchase, accept appropriate gifts or donations
536	536	of, or otherwise own, hold, improve, or use, any property, real,
537	537	personal, or mixed, provided that at all times the commission
538	538	avoids any appearance of impropriety or conflict of interest.
539	539	(l) Sell, convey, mortgage, pledge, lease, exchange,
540	540	abandon, or otherwise dispose of any property, real, personal, or
541	541	mixed.
542	542	(m) Establish a budget and make expenditures.
543	543	(n) Borrow money.
544	544	(o) Appoint committees, including standing committees
545	545	consisting of commission members, state regulators, state
546	546	legislators or their representatives, and consumer
547	547	representatives, and such other interested persons as may be
548	548	designated in the compact and bylaws.
549	549	(p) Provide information to, receive information from, and
550	550	cooperate with law enforcement agencies.
551	551	(q) Establish and elect an executive committee.
552	552	(r) Perform any other function that may be necessary or
553	553	appropriate to achieve the purposes of the compact and is
554	554	consistent with the state regulation of professional counseling
555	555	licensure and practice.
556	556	(5) THE EXECUTIVE COMMITTEE.—
557	557	(a) The executive committee may act on behalf of the
558	558	commission according to the terms of the compact and shall consist
559	559	of up to 11 members, as follows:
560	560	1. Seven voting members who are elected by the commission
561	561	from the current membership of the commission.
562	562	2. Up to four ex officio, nonvoting members from four
563	563	recognized national professional counselor organizations. The ex
564	564	officio members shall be selected by their respective
565	565	organizations.
566	566	(b) The commission may remove any member of the executive
567	567	committee as provided in its bylaws.
568	568	(c) The executive committee shall meet at least annually.
569	569	(d) The executive committee shall do all of the following:
570	570	1. Make recommendations to the commission for any changes to
571	571	the rules, bylaws, or compact legislation.
572	572	2. Ensure compact administration services are appropriately
573	573	provided, contractually or otherwise.
574	574	3. Prepare and recommend the budget.
575	575	4. Maintain financial records on behalf of the commission.
576	576	5. Monitor compact compliance of member states and provide
577	577	compliance reports to the commission.
578	578	6. Establish additional committees as necessary.
579	579	7. Perform any other duties provided for in the rules or
580	580	bylaws.
581	581	(6) FINANCING OF THE COMMISSION.—
582	582	(a) The commission shall pay, or provide for the payment of,
583	583	the reasonable expenses of its establishment, organization, and
584	584	ongoing activities.
585	585	(b) The commission may accept any appropriate revenue
586	586	sources, donations, or grants of money, equipment, supplies,
587	587	materials, or services.
588	588	(c) The commission may not incur obligations of any kind
589	589	before securing the funds adequate to meet the same; nor may the
590	590	commission pledge the credit of any of the member states, except by
591	591	and with the authority of the member state.
592	592	(d) The commission shall keep accurate accounts of all
593	593	receipts and disbursements. The receipts and disbursements of the
594	594	commission are subject to the audit and accounting procedures
595	595	established under its bylaws. However, all receipts and
596	596	disbursements of funds handled by the commission must be audited
597	597	annually by a certified or licensed public accountant, and the
598	598	report of the audit must be included in and become part of the
599	599	annual report of the commission.
600	600	(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
601	601	(a) The members, officers, executive director, employees,
602	602	and representatives of the commission are immune from suit and
603	603	liability, either personally or in their official capacity, for any
604	604	claim for damage to or loss of property or personal injury or other
605	605	civil liability caused by or arising out of any actual or alleged
606	606	act, error, or omission that occurred, or that the person against
607	607	whom the claim is made had a reasonable basis for believing
608	608	occurred, within the scope of commission employment, duties, or
609	609	responsibilities. This paragraph may not be construed to protect
610	610	any such person from suit or liability for any damage, loss, injury,
611	611	or liability caused by the intentional or willful or wanton
612	612	misconduct of that person.
613	613	(b) The commission shall defend any member, officer,
614	614	executive director, employee, or representative of the commission
615	615	in any civil action seeking to impose liability arising out of any
616	616	actual or alleged act, error, or omission that occurred, or that the
617	617	person against whom the claim is made had a reasonable basis for
618	618	believing occurred, within the scope of commission employment,
619	619	duties, or responsibilities, provided that the actual or alleged
620	620	act, error, or omission did not result from that person's
621	621	intentional or willful or wanton misconduct. This paragraph may
622	622	not be construed to prohibit that person from retaining his or her
623	623	own counsel.
624	624	(c) The commission shall indemnify and hold harmless any
625	625	member, officer, executive director, employee, or representative
626	626	of the commission for the amount of any settlement or judgment
627	627	obtained against that person arising out of any actual or alleged
628	628	act, error, or omission that occurred, or that such person had a
629	629	reasonable basis for believing occurred, within the scope of
630	630	commission employment, duties, or responsibilities, provided that
631	631	the actual or alleged act, error, or omission did not result from
632	632	the intentional or willful or wanton misconduct of that person.
633	633	ARTICLE X
634	634	DATA SYSTEM
635	635	(1) The commission shall provide for the development,
636	636	operation, and maintenance of a coordinated database and reporting
637	637	system containing licensure, adverse action, and investigative
638	638	information on all licensed professional counselors in member
639	639	states.
640	640	(2) Notwithstanding any other provision of state law to the
641	641	contrary, a member state shall submit a uniform data set to the data
642	642	system on all licensees to whom the compact is applicable, as
643	643	required by the rules of the commission, including all of the
644	644	following:
645	645	(a) Identifying information.
646	646	(b) Licensure data.
647	647	(c) Adverse actions against a license or privilege to
648	648	practice.
649	649	(d) Nonconfidential information related to alternative
650	650	program participation.
651	651	(e) Any denial of application for licensure and the reason
652	652	for such denial.
653	653	(f) Current significant investigative information.
654	654	(g) Other information that may facilitate the
655	655	administration of the compact, as determined by the rules of the
656	656	commission.
657	657	(3) Investigative information pertaining to a licensee in
658	658	any member state may be made available only to other member states.
659	659	(4) The commission shall promptly notify all member states
660	660	of any adverse action taken against a licensee or an individual
661	661	applying for a license. Adverse action information pertaining to a
662	662	licensee in any member state must be made available to any other
663	663	member state.
664	664	(5) Member states reporting information to the data system
665	665	may designate information that may not be shared with the public
666	666	without the express permission of the reporting state.
667	667	(6) Any information submitted to the data system which is
668	668	subsequently required to be expunged by the laws of the member state
669	669	reporting the information must be removed from the data system.
670	670	ARTICLE XI
671	671	RULEMAKING
672	672	(1) The commission shall adopt reasonable rules to
673	673	effectively and efficiently achieve the purposes of the compact.
674	674	If, however, the commission exercises its rulemaking authority in a
675	675	manner that is beyond the scope of the purposes of the compact, or
676	676	the powers granted hereunder, then such an action by the commission
677	677	is invalid and has no force or effect.
678	678	(2) The commission shall exercise its rulemaking powers
679	679	pursuant to the criteria set forth in this article and the rules
680	680	adopted thereunder. Rules and amendments become binding as of the
681	681	date specified in each rule or amendment.
682	682	(3) If a majority of the legislatures of the member states
683	683	rejects a rule by enactment of a statute or resolution in the same
684	684	manner used to adopt the compact within 4 years after the date of
685	685	adoption of the rule, such rule does not have further force and
686	686	effect in any member state.
687	687	(4) Rules or amendments to the rules must be adopted at a
688	688	regular or special meeting of the commission.
689	689	(5) Before adoption of a final rule by the commission, and
690	690	at least 30 days in advance of the meeting at which the rule will be
691	691	considered and voted upon, the commission shall file a notice of
692	692	proposed rulemaking:
693	693	(a) On the website of the commission or other publicly
694	694	accessible platform; and
695	695	(b) On the website of each member state's professional
696	696	counseling licensing board or other publicly accessible platform or
697	697	in the publication in which each state would otherwise publish
698	698	proposed rules.
699	699	(6) The notice of proposed rulemaking must include:
700	700	(a) The proposed time, date, and location of the meeting in
701	701	which the rule will be considered and voted upon;
702	702	(b) The text of the proposed rule or amendment and the
703	703	reason for the proposed rule;
704	704	(c) A request for comments on the proposed rule from any
705	705	interested person; and
706	706	(d) The manner in which interested persons may submit notice
707	707	to the commission of their intention to attend the public hearing
708	708	and any written comments.
709	709	(7) Before adoption of a proposed rule, the commission must
710	710	allow persons to submit written data, facts, opinions, and
711	711	arguments, which must be made available to the public.
712	712	(8) The commission shall grant an opportunity for a public
713	713	hearing before it adopts a rule or an amendment if a hearing is
714	714	requested by:
715	715	(a) At least 25 persons who submit comments independently of
716	716	each other;
717	717	(b) A state or federal governmental subdivision or agency;
718	718	or
719	719	(c) An association that has at least 25 members.
720	720	(9) If a hearing is held on the proposed rule or amendment,
721	721	the commission must publish the place, time, and date of the
722	722	scheduled public hearing. If the hearing is held through
723	723	electronic means, the commission must publish the mechanism for
724	724	access to the electronic hearing.
725	725	(a) All persons wishing to be heard at the hearing must
726	726	notify the executive director of the commission or other designated
727	727	member in writing of their desire to appear and testify at the
728	728	hearing at least 5 business days before the scheduled date of the
729	729	hearing.
730	730	(b) Hearings must be conducted in a manner providing each
731	731	person who wishes to comment a fair and reasonable opportunity to
732	732	comment orally or in writing.
733	733	(c) All hearings must be recorded. A copy of the recording
734	734	must be made available on request.
735	735	(d) This section may not be construed to require a separate
736	736	hearing on each rule. Rules may be grouped at hearings required by
737	737	this section for the convenience of the commission.
738	738	(10) If the commission does not receive a written notice of
739	739	intent to attend the public hearing by interested parties, the
740	740	commission may proceed with adoption of the proposed rule without a
741	741	public hearing.
742	742	(11) Following the scheduled hearing date, or by the close
743	743	of business on the scheduled hearing date if the hearing was not
744	744	held, the commission shall consider all written and oral comments
745	745	received.
746	746	(12) The commission, by majority vote of all members, shall
747	747	take final action on the proposed rule and shall determine the
748	748	effective date of the rule based on the rulemaking record and the
749	749	full text of the rule.
750	750	(13) Upon determination that an emergency exists, the
751	751	commission may consider and adopt an emergency rule without prior
752	752	notice, opportunity for comment, or hearing, provided that the
753	753	usual rulemaking procedures provided in the compact and in this
754	754	section are retroactively applied to the rule as soon as reasonably
755	755	possible, but no later than 90 days after the effective date of the
756	756	rule. For purposes of this subsection, an emergency rule is one
757	757	that must be adopted immediately in order to:
758	758	(a) Meet an imminent threat to public health, safety, or
759	759	welfare;
760	760	(b) Prevent a loss of commission or member state funds;
761	761	(c) Meet a deadline for the adoption of an administrative
762	762	rule established by federal law or rule; or
763	763	(d) Protect public health and safety.
764	764	(14) The commission or an authorized committee of the
765	765	commission may direct revisions to a previously adopted rule or
766	766	amendment for purposes of correcting typographical errors, errors
767	767	in format, errors in consistency, or grammatical errors. Public
768	768	notice of any revision must be posted on the website of the
769	769	commission. Revisions are subject to challenge by any person for a
770	770	period of 30 days after posting. A revision may be challenged only
771	771	on grounds that the revision results in a material change to a rule.
772	772	A challenge must be made in writing and delivered to the chair of
773	773	the commission before the end of the notice period. If a challenge
774	774	is not made, the revision takes effect without further action. If a
775	775	revision is challenged, the revision may not take effect without
776	776	the approval of the commission.
777	777	ARTICLE XII
778	778	OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION; DISPUTE
779	779	RESOLUTION; AND ENFORCEMENT
780	780	(1) OVERSIGHT.—
781	781	(a) The executive, legislative, and judicial branches of
782	782	state government in each member state shall enforce the compact and
783	783	take all actions necessary and appropriate to effectuate the
784	784	compact's purposes and intent. The compact and the rules adopted
785	785	thereunder have standing as statutory law.
786	786	(b) All courts shall take judicial notice of the compact and
787	787	the rules in any judicial or administrative proceeding in a member
788	788	state pertaining to the subject matter of the compact which may
789	789	affect the powers, responsibilities, or actions of the commission.
790	790	(c) The commission is entitled to receive service of process
791	791	in any judicial or administrative proceeding specified in paragraph
792	792	(b) and has standing to intervene in such a proceeding for all
793	793	purposes. Failure to provide service of process to the commission
794	794	renders a judgment or an order void as to the commission, the
795	795	compact, or adopted rules.
796	796	(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
797	797	(a) If the commission determines that a member state has
798	798	defaulted in the performance of its obligations or responsibilities
799	799	under the compact or adopted rules, the commission must:
800	800	1. Provide written notice to the defaulting state and other
801	801	member states of the nature of the default, the proposed means of
802	802	curing the default, and any other action to be taken by the
803	803	commission; and
804	804	2. Provide remedial training and specific technical
805	805	assistance regarding the default.
806	806	(b) If a state in default fails to cure the default, the
807	807	defaulting state may be terminated from the compact upon an
808	808	affirmative vote of a majority of the member states, and all rights,
809	809	privileges, and benefits conferred by the compact are terminated on
810	810	the effective date of termination. A cure of the default does not
811	811	relieve the offending state of obligations or liabilities incurred
812	812	during the period of default.
813	813	(c) Termination of membership in the compact may be imposed
814	814	only after all other means of securing compliance have been
815	815	exhausted. The commission shall submit a notice of intent to
816	816	suspend or terminate a defaulting member state to that state's
817	817	governor, to the majority and minority leaders of that state's
818	818	legislature, and to each member state.
819	819	(d) A member state that has been terminated is responsible
820	820	for all assessments, obligations, and liabilities incurred through
821	821	the effective date of termination, including obligations that
822	822	extend beyond the effective date of termination.
823	823	(e) The commission may not bear any costs related to a
824	824	member state that is found to be in default or that has been
825	825	terminated from the compact, unless agreed upon in writing between
826	826	the commission and the defaulting member state.
827	827	(f) The defaulting member state may appeal the action of the
828	828	commission by petitioning the United States District Court for the
829	829	District of Columbia or the federal district where the commission
830	830	has its principal offices. The prevailing party must be awarded all
831	831	costs of such litigation, including reasonable attorney fees.
832	832	(3) DISPUTE RESOLUTION.—
833	833	(a) Upon request by a member state, the commission shall
834	834	attempt to resolve disputes related to the compact which arise
835	835	among member states and between member and nonmember states.
836	836	(b) The commission shall adopt rules providing for both
837	837	mediation and binding dispute resolution for disputes as
838	838	appropriate.
839	839	(4) ENFORCEMENT.—
840	840	(a) The commission, in the reasonable exercise of its
841	841	discretion, shall enforce the provisions and rules of the compact.
842	842	(b) By majority vote, the commission may initiate legal
843	843	action in the United States District Court for the District of
844	844	Columbia or the federal district where the commission has its
845	845	principal offices against a member state in default to enforce
846	846	compliance with the compact and its adopted rules and bylaws. The
847	847	relief sought may include both injunctive relief and damages. If
848	848	judicial enforcement is necessary, the prevailing party must be
849	849	awarded all costs of such litigation, including reasonable attorney
850	850	fees.
851	851	(c) The remedies under this article are not the exclusive
852	852	remedies to the commission. The commission may pursue any other
853	853	remedies available under federal or state law.
854	854	ARTICLE XIII
855	855	DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND
856	856	ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
857	857	(1) The compact becomes effective on the date on which the
858	858	compact is enacted into law in the 10th member state. The
859	859	provisions that become effective at that time are limited to the
860	860	powers granted to the commission relating to assembly and the
861	861	adoption of rules. Thereafter, the commission shall meet and
862	862	exercise rulemaking powers necessary for implementation and
863	863	administration of the compact.
864	864	(2) Any state that joins the compact subsequent to the
865	865	commission's initial adoption of the rules is subject to the rules
866	866	as they exist on the date on which the compact becomes law in that
867	867	state. Any rule that has been previously adopted by the commission
868	868	has the full force and effect of law on the day the compact becomes
869	869	law in that state.
870	870	(3) Any member state may withdraw from the compact by
871	871	enacting a statute repealing the compact.
872	872	(a) A member state's withdrawal does not take effect until 6
873	873	months after enactment of the repealing statute.
874	874	(b) Withdrawal does not affect the continuing requirement
875	875	of the withdrawing state's professional counseling licensing board
876	876	to comply with the investigative and adverse action reporting
877	877	requirements of the compact before the effective date of
878	878	withdrawal.
879	879	(4) The compact may not be construed to invalidate or
880	880	prevent any professional counseling licensure agreement or other
881	881	cooperative arrangement between a member state and a nonmember
882	882	state which does not conflict with the compact.
883	883	(5) The compact may be amended by the member states. An
884	884	amendment to the compact is not effective and binding upon any
885	885	member state until it is enacted into the laws of all member states.
886	886	ARTICLE XIV
887	887	BINDING EFFECT OF COMPACT AND OTHER LAWS
888	888	(1) A licensee providing professional counseling services
889	889	in a remote state under the privilege to practice shall adhere to
890	890	the laws and regulations, including scope of practice, of the
891	891	remote state.
892	892	(2) The compact does not prevent the enforcement of any
893	893	other law of a member state which is not inconsistent with the
894	894	compact.
895	895	(3) Any laws in a member state which conflict with the
896	896	compact are superseded to the extent of the conflict.
897	897	(4) Any lawful actions of the commission, including all
898	898	rules and bylaws properly adopted by the commission, are binding on
899	899	the member states.
900	900	(5) All permissible agreements between the commission and
901	901	the member states are binding in accordance with their terms.
902	902	(6) If any provision of the compact exceeds the
903	903	constitutional limits imposed on the legislature of any member
904	904	state, the provision shall be ineffective to the extent of the
905	905	conflict with the constitutional provision in question in that
906	906	member state.
907	907	ARTICLE XV
908	908	CONSTRUCTION AND SEVERABILITY
909	909	The compact must be liberally construed so as to effectuate
910	910	the purposes thereof. The provisions of the compact are severable,
911	911	and if any phrase, clause, sentence, or provision of the compact is
912	912	declared to be contrary to the constitution of any member state or
913	913	of the United States or the applicability thereof to any
914	914	government, agency, person, or circumstance is held invalid, the
915	915	validity of the remainder of the compact and the applicability
916	916	thereof to any government, agency, person, or circumstance is not
917	917	affected thereby. If the compact is held contrary to the
918	918	constitution of any member state, the compact remains in full force
919	919	and effect as to the remaining member states and in full force and
920	920	effect as to the member state affected as to all severable matters.
921	921	Sec. 503.502. ADMINISTRATION OF COMPACT. The executive
922	922	council is the Professional Counselors Licensure Compact
923	923	administrator for this state.
924	924	Sec. 503.503. RULES. The executive council may adopt rules
925	925	necessary to implement this subchapter.
926	926	SECTION 2. This Act takes effect September 1, 2023.