Texas 2025 - 89th Regular

Texas House Bill HB1537 Compare Versions

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Old	New	Differences
1	1	89R744 SCP-D
2	2	By: Goodwin H.B. No. 1537
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the Licensed Professional Counselors Compact;
10	10	authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 503, Occupations Code, is amended by
13	13	adding Subchapter K to read as follows:
14	14	SUBCHAPTER K. LICENSED PROFESSIONAL COUNSELORS COMPACT
15	15	Sec. 503.501. LICENSED PROFESSIONAL COUNSELORS COMPACT.
16	16	The Licensed Professional Counselors Compact is enacted and entered
17	17	into with all other jurisdictions that legally join in the compact,
18	18	which reads as follows:
19	19	LICENSED PROFESSIONAL COUNSELORS COMPACT
20	20	SECTION 1: PURPOSE
21	21	The purpose of this Compact is to facilitate interstate practice of
22	22	Licensed Professional Counselors with the goal of improving public
23	23	access to Professional Counseling services. The practice of
24	24	Professional Counseling occurs in the State where the client is
25	25	located at the time of the counseling services. The Compact
26	26	preserves the regulatory authority of States to protect public
27	27	health and safety through the current system of State licensure.
28	28	This Compact is designed to achieve the following objectives:
29	29	A. Increase public access to Professional Counseling
30	30	services by providing for the mutual recognition of other Member
31	31	State licenses;
32	32	B. Enhance the States' ability to protect the public's
33	33	health and safety;
34	34	C. Encourage the cooperation of Member States in regulating
35	35	multistate practice for Licensed Professional Counselors;
36	36	D. Support spouses of relocating Active Duty Military
37	37	personnel;
38	38	E. Enhance the exchange of licensure, investigative, and
39	39	disciplinary information among Member States;
40	40	F. Allow for the use of Telehealth technology to facilitate
41	41	increased access to Professional Counseling services;
42	42	G. Support the uniformity of Professional Counseling
43	43	licensure requirements throughout the States to promote public
44	44	safety and public health benefits;
45	45	H. Invest all Member States with the authority to hold a
46	46	Licensed Professional Counselor accountable for meeting all State
47	47	practice laws in the State in which the client is located at the
48	48	time care is rendered through the mutual recognition of Member
49	49	State licenses;
50	50	I. Eliminate the necessity for licenses in multiple States;
51	51	and
52	52	J. Provide opportunities for interstate practice by
53	53	Licensed Professional Counselors who meet uniform licensure
54	54	requirements.
55	55	SECTION 2. DEFINITIONS
56	56	As used in this Compact, and except as otherwise provided, the
57	57	following definitions shall apply:
58	58	A. "Active Duty Military" means full-time duty status in the
59	59	active uniformed service of the United States, including members of
60	60	the National Guard and Reserve on active duty orders pursuant to 10
61	61	U.S.C. Chapters 1209 and 1211.
62	62	B. "Adverse Action" means any administrative, civil, equitable or
63	63	criminal action permitted by a State's laws which is imposed by a
64	64	licensing board or other authority against a Licensed Professional
65	65	Counselor, including actions against an individual's license or
66	66	Privilege to Practice such as revocation, suspension, probation,
67	67	monitoring of the licensee, limitation on the licensee's practice,
68	68	or any other Encumbrance on licensure affecting a Licensed
69	69	Professional Counselor's authorization to practice, including
70	70	issuance of a cease and desist action.
71	71	C. "Alternative Program" means a non-disciplinary monitoring or
72	72	practice remediation process approved by a Professional Counseling
73	73	Licensing Board to address Impaired Practitioners.
74	74	D. "Continuing Competence/Education" means a requirement, as a
75	75	condition of license renewal, to provide evidence of participation
76	76	in, and/or completion of, educational and professional activities
77	77	relevant to practice or area of work.
78	78	E. "Counseling Compact Commission" or "Commission" means the
79	79	national administrative body whose membership consists of all
80	80	States that have enacted the Compact.
81	81	F. "Current Significant Investigative Information" means:
82	82	1. Investigative Information that a Licensing Board, after
83	83	a preliminary inquiry that includes notification and an opportunity
84	84	for the Licensed Professional Counselor to respond, if required by
85	85	State law, has reason to believe is not groundless and, if proved
86	86	true, would indicate more than a minor infraction; or
87	87	2. Investigative Information that indicates that the
88	88	Licensed Professional Counselor represents an immediate threat to
89	89	public health and safety regardless of whether the Licensed
90	90	Professional Counselor has been notified and had an opportunity to
91	91	respond.
92	92	G. "Data System" means a repository of information about
93	93	Licensees, including, but not limited to, continuing education,
94	94	examination, licensure, investigative, Privilege to Practice and
95	95	Adverse Action information.
96	96	H. "Encumbered License" means a license in which an Adverse Action
97	97	restricts the practice of licensed Professional Counseling by the
98	98	Licensee and said Adverse Action has been reported to the National
99	99	Practitioners Data Bank (NPDB).
100	100	I. "Encumbrance" means a revocation or suspension of, or any
101	101	limitation on, the full and unrestricted practice of Licensed
102	102	Professional Counseling by a Licensing Board.
103	103	J. "Executive Committee" means a group of directors elected or
104	104	appointed to act on behalf of, and within the powers granted to them
105	105	by, the Commission.
106	106	K. "Home State" means the Member State that is the Licensee's
107	107	primary State of residence.
108	108	L. "Impaired Practitioner" means an individual who has a
109	109	condition(s) that may impair their ability to practice as a
110	110	Licensed Professional Counselor without some type of intervention
111	111	and may include, but are not limited to, alcohol and drug
112	112	dependence, mental health impairment, and neurological or
113	113	physical impairments.
114	114	M. "Investigative Information" means information, records, and
115	115	documents received or generated by a Professional Counseling
116	116	Licensing Board pursuant to an investigation.
117	117	N. "Jurisprudence Requirement" if required by a Member State,
118	118	means the assessment of an individual's knowledge of the laws and
119	119	Rules governing the practice of Professional Counseling in a State.
120	120	O. "Licensed Professional Counselor" means a counselor licensed
121	121	by a Member State, regardless of the title used by that State, to
122	122	independently assess, diagnose, and treat behavioral health
123	123	conditions.
124	124	P. "Licensee" means an individual who currently holds an
125	125	authorization from the State to practice as a Licensed Professional
126	126	Counselor.
127	127	Q. "Licensing Board" means the agency of a State, or equivalent,
128	128	that is responsible for the licensing and regulation of Licensed
129	129	Professional Counselors.
130	130	R. Member State" means a State that has enacted the Compact.
131	131	S. "Privilege to Practice" means a legal authorization, which is
132	132	equivalent to a license, permitting the practice of Professional
133	133	Counseling in a Remote State.
134	134	T. "Professional Counseling" means the assessment, diagnosis, and
135	135	treatment of behavioral health conditions by a Licensed
136	136	Professional Counselor.
137	137	U. "Remote State" means a Member State other than the Home State,
138	138	where a Licensee is exercising or seeking to exercise the Privilege
139	139	to Practice.
140	140	V. "Rule" means a regulation promulgated by the Commission that
141	141	has the force of law.
142	142	W. "Single State License" means a Licensed Professional Counselor
143	143	license issued by a Member State that authorizes practice only
144	144	within the issuing State and does not include a Privilege to
145	145	Practice in any other Member State.
146	146	X. "State" means any state, commonwealth, district, or territory
147	147	of the United States of America that regulates the practice of
148	148	Professional Counseling.
149	149	Y. "Telehealth" means the application of telecommunication
150	150	technology to deliver Professional Counseling services remotely to
151	151	assess, diagnose, and treat behavioral health conditions.
152	152	Z. "Unencumbered License" means a license that authorizes a
153	153	Licensed Professional Counselor to engage in the full and
154	154	unrestricted practice of Professional Counseling.
155	155	SECTION 3. STATE PARTICIPATION IN THE COMPACT
156	156	A. To Participate in the Compact, a State must currently:
157	157	1. License and regulate Licensed Professional Counselors;
158	158	2. Require Licensees to pass a nationally recognized exam
159	159	approved by the Commission;
160	160	3. Require Licensees to have a 60 semester-hour (or 90
161	161	quarter-hour) master's degree in counseling or 60 semester-hours
162	162	(or 90 quarter-hours) of graduate course work including the
163	163	following topic areas:
164	164	a. Professional Counseling Orientation and Ethical
165	165	Practice;
166	166	b. Social and Cultural Diversity;
167	167	c. Human Growth and Development;
168	168	d. Career Development;
169	169	e. Counseling and Helping Relationships;
170	170	f. Group Counseling and Group Work;
171	171	g. Diagnosis and Treatment; Assessment and Testing;
172	172	h. Research and Program Evaluation; and
173	173	i. Other areas as determined by the Commission.
174	174	4. Require Licensees to complete a supervised postgraduate
175	175	professional experience as defined by the Commission;
176	176	5. Have a mechanism in place for receiving and investigating
177	177	complaints about Licensees.
178	178	B. A Member State shall:
179	179	1. Participate fully in the Commission's Data System,
180	180	including using the Commission's unique identifier as defined in
181	181	Rules;
182	182	2. Notify the Commission, in compliance with the terms of
183	183	the Compact and Rules, of any Adverse Action or the availability of
184	184	Investigative Information regarding a Licensee;
185	185	3. Implement or utilize procedures for considering the
186	186	criminal history records of applicants for an initial Privilege to
187	187	Practice. These procedures shall 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	a. A member state must fully implement a criminal
193	193	background check requirement, within a time frame established by
194	194	rule, by receiving the results of the Federal Bureau of
195	195	Investigation record search and shall use the results in making
196	196	licensure decisions.
197	197	b. Communication between a Member State, the
198	198	Commission and among Member States regarding the verification of
199	199	eligibility for licensure through the Compact shall not include any
200	200	information received from the Federal Bureau of Investigation
201	201	relating to a federal criminal records check performed by a Member
202	202	State under Public Law 92-544.
203	203	4. Comply with the Rules of the Commission;
204	204	5. Require an applicant to obtain or retain a license in the
205	205	Home State and meet the Home State's qualifications for licensure
206	206	or renewal of licensure, as well as all other applicable State laws;
207	207	6. 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; and
210	210	7. Provide for the attendance of the State's commissioner to
211	211	the Counseling Compact Commission meetings.
212	212	C. Member States may charge a fee for granting the Privilege to
213	213	Practice.
214	214	D. Individuals not residing in a Member State shall continue to be
215	215	able to apply for a Member State's Single State License as provided
216	216	under the laws of each Member State. However, the Single State
217	217	License granted to these individuals shall not be recognized as
218	218	granting a Privilege to Practice Professional Counseling in any
219	219	other Member State.
220	220	E. Nothing in this Compact shall affect the requirements
221	221	established by a Member State for the issuance of a Single State
222	222	License.
223	223	F. A license issued to a Licensed Professional Counselor by a Home
224	224	State to a resident in that State shall be recognized by each Member
225	225	State as authorizing a Licensed Professional Counselor to practice
226	226	Professional Counseling, under a Privilege to Practice, in each
227	227	Member State.
228	228	SECTION 4. PRIVILEGE TO PRACTICE
229	229	A. To exercise the Privilege to Practice under the terms and
230	230	provisions of the Compact, the Licensee shall:
231	231	1. Hold a license in the Home State;
232	232	2. Have a valid United States Social Security Number or
233	233	National Practitioner Identifier;
234	234	3. Be eligible for a Privilege to Practice in any Member
235	235	State in accordance with Section 4(D), (G) and (H);
236	236	4. Have not had any Encumbrance or restriction against any
237	237	license or Privilege to Practice within the previous two (2) years;
238	238	5. Notify the Commission that the Licensee is seeking the
239	239	Privilege to Practice within a Remote State(s);
240	240	6. Pay any applicable fees, including any State fee, for the
241	241	Privilege to Practice;
242	242	7. Meet any Continuing Competence/Education requirements
243	243	established by the Home State;
244	244	8. Meet any Jurisprudence Requirements established by the
245	245	Remote State(s) in which the Licensee is seeking a Privilege to
246	246	Practice; and
247	247	9. Report to the Commission any Adverse Action,
248	248	Encumbrance, or restriction on license taken by any non-Member
249	249	State within 30 days from the date the action is taken.
250	250	B. The Privilege to Practice is valid until the expiration date of
251	251	the Home State license. The Licensee must comply with the
252	252	requirements of Section 4(A) to maintain the Privilege to Practice
253	253	in the Remote State.
254	254	C. A Licensee providing Professional Counseling in a Remote State
255	255	under the Privilege to Practice shall adhere to the laws and
256	256	regulations of the Remote State.
257	257	D. A Licensee providing Professional Counseling services in a
258	258	Remote State is subject to that State's regulatory authority. A
259	259	Remote State may, in accordance with due process and that State's
260	260	laws, remove a Licensee's Privilege to Practice in the Remote State
261	261	for a specific period of time, impose fines, and/or take any other
262	262	necessary actions to protect the health and safety of its citizens.
263	263	The Licensee may be ineligible for a Privilege to Practice in any
264	264	Member State until the specific time for removal has passed and all
265	265	fines are paid.
266	266	E. If a Home State license is encumbered, the Licensee shall lose
267	267	the Privilege to Practice in any Remote State until the following
268	268	occur:
269	269	1. The Home State license is no longer encumbered; and
270	270	2. Have not had any Encumbrance or restriction against any
271	271	license or Privilege to Practice within the previous two (2) years.
272	272	F. Once an Encumbered License in the Home State is restored to good
273	273	standing, the Licensee must meet the requirements of Section 4(A)
274	274	to obtain a Privilege to Practice in any Remote State.
275	275	G. If a Licensee's Privilege to Practice in any Remote State is
276	276	removed, the individual may lose the Privilege to Practice in all
277	277	other Remote States until the following occur:
278	278	1. The specific period of time for which the Privilege to
279	279	Practice was removed has ended;
280	280	2. All fines have been paid; and
281	281	3. Have not had any Encumbrance or restriction against any
282	282	license or Privilege to Practice within the previous two (2) years.
283	283	H. Once the requirements of Section 4(G) have been met, the
284	284	Licensee must meet the requirements in Section 4(A) to obtain a
285	285	Privilege to Practice in a Remote State.
286	286	SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE
287	287	TO PRACTICE
288	288	A. A Licensed Professional Counselor may hold a Home State
289	289	license, which allows for a Privilege to Practice in other Member
290	290	States, in only one Member State at a time.
291	291	B. If a Licensed Professional Counselor changes primary State of
292	292	residence by moving between two Member States:
293	293	1. The Licensed Professional Counselor shall file an
294	294	application for obtaining a new Home State license based on a
295	295	Privilege to Practice, pay all applicable fees, and notify the
296	296	current and new Home State in accordance with applicable Rules
297	297	adopted by the Commission.
298	298	2. Upon receipt of an application for obtaining a new Home
299	299	State license by virtue of a Privilege to Practice, the new Home
300	300	State shall verify that the Licensed Professional Counselor meets
301	301	the pertinent criteria outlined in Section 4 via the Data System,
302	302	without need for primary source verification except for:
303	303	a. a Federal Bureau of Investigation fingerprint based
304	304	criminal background check if not previously performed or updated
305	305	pursuant to applicable rules adopted by the Commission in
306	306	accordance with Public Law 92-544;
307	307	b. other criminal background check as required by the
308	308	new Home State; and
309	309	c. completion of any requisite Jurisprudence
310	310	Requirements of the new Home State.
311	311	3. The former Home State shall convert the former Home State
312	312	license into a Privilege to Practice once the new Home State has
313	313	activated the new Home State license in accordance with applicable
314	314	Rules adopted by the Commission.
315	315	4. Notwithstanding any other provision of this Compact, if
316	316	the Licensed Professional Counselor cannot meet the criteria in
317	317	Section 4, the new Home State may apply its requirements for issuing
318	318	a new Single State License.
319	319	5. The Licensed Professional Counselor shall pay all
320	320	applicable fees to the new Home State in order to be issued a new
321	321	Home State license.
322	322	C. If a Licensed Professional Counselor changes Primary State of
323	323	Residence by moving from a Member State to a non-Member State, or
324	324	from a non-Member State to a Member State, the State criteria shall
325	325	apply for issuance of a Single State License in the new State.
326	326	D. Nothing in this Compact shall interfere with a Licensee's
327	327	ability to hold a Single State License in multiple States, however
328	328	for the purposes of this Compact, a Licensee shall have only one
329	329	Home State license.
330	330	E. Nothing in this Compact shall affect the requirements
331	331	established by a Member State for the issuance of a Single State
332	332	License.
333	333	SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
334	334	Active Duty Military personnel, or their spouse, shall designate a
335	335	Home State where the individual has a current license in good
336	336	standing. The individual may retain the Home State designation
337	337	during the period the service member is on active duty. Subsequent
338	338	to designating a Home State, the individual shall only change their
339	339	Home State through application for licensure in the new State, or
340	340	through the process outlined in Section 5.
341	341	SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
342	342	A. Member States shall recognize the right of a Licensed
343	343	Professional Counselor, licensed by a Home State in accordance with
344	344	Section 3 and under Rules promulgated by the Commission, to
345	345	practice Professional Counseling in any Member State via Telehealth
346	346	under a Privilege to Practice as provided in the Compact and Rules
347	347	promulgated by the Commission.
348	348	B. A Licensee providing Professional Counseling services in a
349	349	Remote State under the Privilege to Practice shall adhere to the
350	350	laws and regulations of the Remote State.
351	351	SECTION 8. ADVERSE ACTIONS
352	352	A. In addition to the other powers conferred by State law, a Remote
353	353	State shall have the authority, in accordance with existing State
354	354	due process law, to:
355	355	1. Take Adverse Action against a Licensed Professional
356	356	Counselor's Privilege to Practice within that Member State, and
357	357	2. Issue subpoenas for both hearings and investigations
358	358	that require the attendance and testimony of witnesses as well as
359	359	the production of evidence. Subpoenas issued by a Licensing Board
360	360	in a Member State for the attendance and testimony of witnesses or
361	361	the production of evidence from another Member State shall be
362	362	enforced in the latter State by any court of competent
363	363	jurisdiction, according to the practice and procedure of that court
364	364	applicable to subpoenas issued in proceedings pending before it.
365	365	The issuing authority shall pay any witness fees, travel expenses,
366	366	mileage, and other fees required by the service statutes of the
367	367	State in which the witnesses or evidence are located.
368	368	3. Only the Home State shall have the power to take Adverse
369	369	Action against a Licensed Professional Counselor's license issued
370	370	by the Home State.
371	371	B. For purposes of taking Adverse Action, the Home State shall
372	372	give the same priority and effect to reported conduct received from
373	373	a Member State as it would if the conduct had occurred within the
374	374	Home State. In so doing, the Home State shall apply its own State
375	375	laws to determine appropriate action.
376	376	C. The Home State shall complete any pending investigations of a
377	377	Licensed Professional Counselor who changes primary State of
378	378	residence during the course of the investigations. The Home State
379	379	shall also have the authority to take appropriate action(s) and
380	380	shall promptly report the conclusions of the investigations to the
381	381	administrator of the Data System. The administrator of the
382	382	coordinated licensure information system shall promptly notify the
383	383	new Home State of any Adverse Actions.
384	384	D. A Member State, if otherwise permitted by State law, may
385	385	recover from the affected Licensed Professional Counselor the costs
386	386	of investigations and dispositions of cases resulting from any
387	387	Adverse Action taken against that Licensed Professional Counselor.
388	388	E. A Member State may take Adverse Action based on the factual
389	389	findings of the Remote State, provided that the Member State
390	390	follows its own procedures for taking the Adverse Action.
391	391	F. Joint Investigations:
392	392	1. In addition to the authority granted to a Member State by
393	393	its respective Professional Counseling practice act or other
394	394	applicable State law, any Member State may participate with other
395	395	Member States in joint investigations of Licensees.
396	396	2. Member States shall share any investigative, litigation,
397	397	or compliance materials in furtherance of any joint or individual
398	398	investigation initiated under the Compact.
399	399	G. If Adverse Action is taken by the Home State against the license
400	400	of a Licensed Professional Counselor, the Licensed Professional
401	401	Counselor's Privilege to Practice in all other Member States shall
402	402	be deactivated until all Encumbrances have been removed from the
403	403	State license. All Home State disciplinary orders that impose
404	404	Adverse Action against the license of a Licensed Professional
405	405	Counselor shall include a Statement that the Licensed Professional
406	406	Counselor's Privilege to Practice is deactivated in all Member
407	407	States during the pendency of the order.
408	408	H. If a Member State takes Adverse Action, it shall promptly
409	409	notify the administrator of the Data System. The administrator of
410	410	the Data System shall promptly notify the Home State of any Adverse
411	411	Actions by Remote States.
412	412	I. Nothing in this Compact shall override a Member State's
413	413	decision that participation in an Alternative Program may be used
414	414	in lieu of Adverse Action.
415	415	SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
416	416	A. The Compact Member States hereby create and establish a joint
417	417	public agency known as the Counseling Compact Commission:
418	418	1. The Commission is an instrumentality of the Compact
419	419	States.
420	420	2. Venue is proper and judicial proceedings by or against
421	421	the Commission shall be brought solely and exclusively in a court of
422	422	competent jurisdiction where the principal office of the Commission
423	423	is located. The Commission may waive venue and jurisdictional
424	424	defenses to the extent it adopts or consents to participate in
425	425	alternative dispute resolution proceedings.
426	426	3. Nothing in this Compact shall be construed to be a waiver
427	427	of sovereign immunity.
428	428	B. Membership, Voting, and Meetings
429	429	1. Each Member State shall have and be limited to one (1)
430	430	delegate selected by that Member State's Licensing Board.
431	431	2. The delegate shall be either:
432	432	a. A current member of the Licensing Board at the time
433	433	of appointment, who is a Licensed Professional Counselor or public
434	434	member; or
435	435	b. An administrator of the Licensing Board.
436	436	3. Any delegate may be removed or suspended from office as
437	437	provided by the law of the State from which the delegate is
438	438	appointed.
439	439	4. The Member State Licensing Board shall fill any vacancy
440	440	occurring on the Commission within 60 days.
441	441	5. Each delegate shall be entitled to one (1) vote with
442	442	regard to the promulgation of Rules and creation of bylaws and shall
443	443	otherwise have an opportunity to participate in the business and
444	444	affairs of the Commission.
445	445	6. A delegate shall vote in person or by such other means as
446	446	provided in the bylaws. The bylaws may provide for delegates'
447	447	participation in meetings by telephone or other means of
448	448	communication.
449	449	7. The Commission shall meet at least once during each
450	450	calendar year. Additional meetings shall be held as set forth in
451	451	the bylaws.
452	452	8. The Commission shall by Rule establish a term of office
453	453	for delegates and may by Rule establish term limits.
454	454	C. The Commission shall have the following powers and duties:
455	455	1. Establish the fiscal year of the Commission;
456	456	2. Establish bylaws;
457	457	3. Maintain its financial records in accordance with the
458	458	bylaws;
459	459	4. Meet and take such actions as are consistent with the
460	460	provisions of this Compact and the bylaws;
461	461	5. Promulgate Rules which shall be binding to the extent and
462	462	in the manner provided for in the Compact;
463	463	6. Bring and prosecute legal proceedings or actions in the
464	464	name of the Commission, provided that the standing of any State
465	465	Licensing Board to sue or be sued under applicable law shall not be
466	466	affected;
467	467	7. Purchase and maintain insurance and bonds;
468	468	8. Borrow, accept, or contract for services of personnel,
469	469	including, but not limited to, employees of a Member State;
470	470	9. Hire employees, elect or appoint officers, fix
471	471	compensation, define duties, grant such individuals appropriate
472	472	authority to carry out the purposes of the Compact, and establish
473	473	the Commission's personnel policies and programs relating to
474	474	conflicts of interest, qualifications of personnel, and other
475	475	related personnel matters;
476	476	10. Accept any and all appropriate donations and grants of
477	477	money, equipment, supplies, materials, and services, and to
478	478	receive, utilize, and dispose of the same; provided that at all
479	479	times the Commission shall avoid any appearance of impropriety
480	480	and/or conflict of interest;
481	481	11. Lease, purchase, accept appropriate gifts or donations
482	482	of, or otherwise to own, hold, improve or use, any property, real,
483	483	personal or mixed; provided that at all times the Commission shall
484	484	avoid any appearance of impropriety;
485	485	12. Sell convey, mortgage, pledge, lease, exchange,
486	486	abandon, or otherwise dispose of any property real, personal, or
487	487	mixed;
488	488	13. Establish a budget and make expenditures;
489	489	14. Borrow money;
490	490	15. Appoint committees, including standing committees
491	491	composed of members, State regulators, State legislators or their
492	492	representatives, and consumer representatives, and such other
493	493	interested persons as may be designated in this Compact and the
494	494	bylaws;
495	495	16. Provide and receive information from, and cooperate
496	496	with, law enforcement agencies;
497	497	17. Establish and elect an Executive Committee; and
498	498	18. Perform such other functions as may be necessary or
499	499	appropriate to achieve the purposes of this Compact consistent with
500	500	the State regulation of Professional Counseling licensure and
501	501	practice.
502	502	D. The Executive Committee
503	503	1. The Executive Committee shall have the power to act on
504	504	behalf of the Commission according to the terms of this Compact.
505	505	2. The Executive Committee shall be composed of up to eleven
506	506	(11) members:
507	507	a. Seven voting members who are elected by the
508	508	Commission from the current membership of the Commission; and
509	509	b. Up to four (4) ex-officio, nonvoting members from
510	510	four (4) recognized national professional counselor organizations.
511	511	c. The ex-officio members will be selected by their
512	512	respective organizations.
513	513	3. The Commission may remove any member of the Executive
514	514	Committee as provided in bylaws.
515	515	4. The Executive Committee shall meet at least annually.
516	516	5. The Executive Committee shall have the following duties
517	517	and responsibilities:
518	518	a. Recommend to the entire Commission changes to the
519	519	Rules or bylaws, changes to this Compact legislation, fees paid by
520	520	Compact Member States such as annual dues, and any Commission
521	521	Compact fee charged to Licensees for the Privilege to Practice;
522	522	b. Ensure Compact administration services are
523	523	appropriately provided, contractual or otherwise;
524	524	c. Prepare and recommend the budget;
525	525	d. Maintain financial records on behalf of the
526	526	Commission;
527	527	e. Monitor Compact compliance of Member States and
528	528	provide compliance reports to the Commission;
529	529	f. Establish additional committees as necessary; and
530	530	g. Other duties as provided in Rules or bylaws.
531	531	E. Meetings of the Commission
532	532	1. All meetings shall be open to the public, and public
533	533	notice of meetings shall be given in the same manner as required
534	534	under the Rulemaking provisions in Section 11.
535	535	2. The Commission or the Executive Committee or other
536	536	committees of the Commission may convene in a closed, non-public
537	537	meeting if the Commission or Executive Committee or other
538	538	committees of the Commission must discuss:
539	539	a. Non-compliance of a Member State with its
540	540	obligations under the Compact;
541	541	b. The employment, compensation, discipline or other
542	542	matters, practices or procedures related to specific employees or
543	543	other matters related to the Commission's internal personnel
544	544	practices and procedures;
545	545	c. Current, threatened, or reasonably anticipated
546	546	litigation;
547	547	d. Negotiation of contracts for the purchase, lease,
548	548	or sale of goods, services, or real estate;
549	549	e. Accusing any person of a crime or formally
550	550	censuring any person;
551	551	f. Disclosure of trade secrets or commercial or
552	552	financial information that is privileged or confidential;
553	553	g. Disclosure of information of a personal nature
554	554	where disclosure would constitute a clearly unwarranted invasion of
555	555	personal privacy;
556	556	h. Disclosure of investigative records compiled for
557	557	law enforcement purposes;
558	558	i. Disclosure of information related to any
559	559	investigative reports prepared by or on behalf of or for use of the
560	560	Commission or other committee charged with responsibility of
561	561	investigation or determination of compliance issues pursuant to the
562	562	Compact; or
563	563	j. Matters specifically exempted from disclosure by
564	564	federal or Member State statute.
565	565	3. If a meeting, or portion of a meeting, is closed pursuant
566	566	to this provision, the Commission's legal counsel or designee shall
567	567	certify that the meeting may be closed and shall reference each
568	568	relevant exempting provision.
569	569	4. The Commission shall keep minutes that fully and clearly
570	570	describe all matters discussed in a meeting and shall provide a full
571	571	and accurate summary of actions taken, and the reasons therefore,
572	572	including a description of the views expressed. All documents
573	573	considered in connection with an action shall be identified in such
574	574	minutes. All minutes and documents of a closed meeting shall remain
575	575	under seal, subject to release by a majority vote of the Commission
576	576	or order of a court of competent jurisdiction.
577	577	F. Financing of the Commission
578	578	1. The Commission shall pay, or provide for the payment of,
579	579	the reasonable expenses of its establishment, organization, and
580	580	ongoing activities.
581	581	2. The Commission may accept any and all appropriate revenue
582	582	sources, donations, and grants of money, equipment, supplies,
583	583	materials, and services.
584	584	3. The Commission may levy on and collect an annual
585	585	assessment from each Member State or impose fees on other parties to
586	586	cover the cost of the operations and activities of the Commission
587	587	and its staff, which must be in a total amount sufficient to cover
588	588	its annual budget as approved each year for which revenue is not
589	589	provided by other sources. The aggregate annual assessment amount
590	590	shall be allocated based upon a formula to be determined by the
591	591	Commission, which shall promulgate a Rule binding upon all Member
592	592	States.
593	593	4. The Commission shall not incur obligations of any kind
594	594	prior to securing the funds adequate to meet the same; nor shall the
595	595	Commission pledge the credit of any of the Member States, except by
596	596	and with the authority of the Member State.
597	597	5. The Commission shall keep accurate accounts of all
598	598	receipts and disbursements. The receipts and disbursements of the
599	599	Commission shall be subject to the audit and accounting procedures
600	600	established under its bylaws. However, all receipts and
601	601	disbursements of funds handled by the Commission shall be audited
602	602	yearly by a certified or licensed public accountant, and the report
603	603	of the audit shall be included in and become part of the annual
604	604	report of the Commission.
605	605	G. Qualified Immunity, Defense, and Indemnification
606	606	1. The members, officers, executive director, employees and
607	607	representatives of the Commission shall be immune from suit and
608	608	liability, either personally or in their official capacity, for any
609	609	claim for damage to or loss of property or personal injury or other
610	610	civil liability caused by or arising out of any actual or alleged
611	611	act, error or omission that occurred, or that the person against
612	612	whom the claim is made had a reasonable basis for believing occurred
613	613	within the scope of Commission employment, duties or
614	614	responsibilities; provided that nothing in this paragraph shall be
615	615	construed to protect any such person from suit and/or liability for
616	616	any damage, loss, injury, or liability caused by the intentional or
617	617	willful or wanton misconduct of that person.
618	618	2. The Commission shall defend any member, officer,
619	619	executive director, employee or representative of the Commission in
620	620	any civil action seeking to impose liability arising out of any
621	621	actual or alleged act, error, or omission that occurred within the
622	622	scope of Commission employment, duties, or responsibilities, or
623	623	that the person against whom the claim is made had a reasonable
624	624	basis for believing occurred within the scope of Commission
625	625	employment, duties, or responsibilities; provided that nothing
626	626	herein shall be construed to prohibit that person from retaining
627	627	his or her own counsel; and provided further, that the actual or
628	628	alleged act, error, or omission did not result from that person's
629	629	intentional or willful or wanton misconduct.
630	630	3. The Commission shall indemnify and hold harmless any
631	631	member, officer, executive director, employee, or representative
632	632	of the Commission for the amount of any settlement or judgment
633	633	obtained against that person arising out of any actual or alleged
634	634	act, error, or omission that occurred within the scope of
635	635	Commission employment, duties, or responsibilities, or that such
636	636	person had a reasonable basis for believing occurred within the
637	637	scope of Commission employment, duties, or responsibilities,
638	638	provided that the actual or alleged act, error, or omission did not
639	639	result from the intentional or willful or wanton misconduct of that
640	640	person.
641	641	SECTION 10. DATA SYSTEM
642	642	A. The Commission shall provide for the development, maintenance,
643	643	operation, and utilization of a coordinated database and reporting
644	644	system containing licensure, Adverse Action, and Investigative
645	645	Information on all licensed individuals in Member States.
646	646	B. Notwithstanding any other provision of State law to the
647	647	contrary, a Member State shall submit a uniform data set to the Data
648	648	System on all individuals to whom this Compact is applicable as
649	649	required by the Rules of the Commission, including:
650	650	1. Identifying information;
651	651	2. Licensure data;
652	652	3. Adverse Actions against a license or Privilege to
653	653	Practice;
654	654	4. Non-confidential information related to Alternative
655	655	Program participation;
656	656	5. Any denial of application for licensure, and the
657	657	reason(s) for such denial;
658	658	6. Current Significant Investigative Information; and
659	659	7. Other information that may facilitate the administration
660	660	of this Compact, as determined by the Rules of the Commission.
661	661	C. Investigative Information pertaining to a Licensee in any
662	662	Member State will only be available to other Member States.
663	663	D. The Commission shall promptly notify all Member States of any
664	664	Adverse Action taken against a Licensee or an individual applying
665	665	for a license. Adverse Action information pertaining to a Licensee
666	666	in any Member State will be available to any other Member State.
667	667	E. Member States contributing information to the Data System may
668	668	designate information that may not be shared with the public
669	669	without the express permission of the contributing State.
670	670	F. Any information submitted to the Data System that is
671	671	subsequently required to be expunged by the laws of the Member State
672	672	contributing the information shall be removed from the Data System.
673	673	SECTION 11. RULEMAKING
674	674	A. The Commission shall promulgate reasonable Rules in order to
675	675	effectively and efficiently achieve the purpose of the Compact.
676	676	Notwithstanding the foregoing, in the event the Commission
677	677	exercises its Rulemaking authority in a manner that is beyond the
678	678	scope of the purposes of the Compact, or the powers granted
679	679	hereunder, then such an action by the Commission shall be invalid
680	680	and have no force or effect.
681	681	B. The Commission shall exercise its Rulemaking powers pursuant to
682	682	the criteria set forth in this Section and the Rules adopted
683	683	thereunder. Rules and amendments shall become binding as of the
684	684	date specified in each Rule or amendment.
685	685	C. If a majority of the legislatures of the Member States rejects a
686	686	Rule, by enactment of a statute or resolution in the same manner
687	687	used to adopt the Compact within four (4) years of the date of
688	688	adoption of the Rule, then such Rule shall have no further force and
689	689	effect in any Member State.
690	690	D. Rules or amendments to the Rules shall be adopted at a regular
691	691	or special meeting of the Commission.
692	692	E. Prior to promulgation and adoption of a final Rule or Rules by
693	693	the Commission, and at least thirty (30) days in advance of the
694	694	meeting at which the Rule will be considered and voted upon, the
695	695	Commission shall file a Notice of Proposed Rulemaking:
696	696	1. On the website of the Commission or other publicly
697	697	accessible platform; and
698	698	2. On the website of each Member State Professional
699	699	Counseling Licensing Board or other publicly accessible platform or
700	700	the publication in which each State would otherwise publish
701	701	proposed Rules.
702	702	F. The Notice of Proposed Rulemaking shall include:
703	703	1. The proposed time, date, and location of the meeting in
704	704	which the Rule will be considered and voted upon;
705	705	2. The text of the proposed Rule or amendment and the reason
706	706	for the proposed Rule;
707	707	3. A request for comments on the proposed Rule from any
708	708	interested person; and
709	709	4. The manner in which interested persons may submit notice
710	710	to the Commission of their intention to attend the public hearing
711	711	and any written comments.
712	712	G. Prior to adoption of a proposed Rule, the Commission shall
713	713	allow persons to submit written data, facts, opinions, and
714	714	arguments, which shall be made available to the public.
715	715	H. The Commission shall grant an opportunity for a public hearing
716	716	before it adopts a Rule or amendment if a hearing is requested by:
717	717	1. At least twenty-five (25) persons;
718	718	2. A State or federal governmental subdivision or agency; or
719	719	3. An association having at least twenty-five (25) members.
720	720	I. If a hearing is held on the proposed Rule or amendment, the
721	721	Commission shall publish the place, time, and date of the scheduled
722	722	public hearing. If the hearing is held via electronic means, the
723	723	Commission shall publish the mechanism for access to the electronic
724	724	hearing.
725	725	1. All persons wishing to be heard at the hearing shall
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 not less than five (5) business days before the scheduled
729	729	date of the hearing.
730	730	2. Hearings shall 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	3. All hearings will be recorded. A copy of the recording
734	734	will be made available on request.
735	735	4. Nothing in this section shall be construed as requiring a
736	736	separate hearing on each Rule. Rules may be grouped for the
737	737	convenience of the Commission at hearings required by this section.
738	738	J. Following the scheduled hearing date, or by the close of
739	739	business on the scheduled hearing date if the hearing was not held,
740	740	the Commission shall consider all written and oral comments
741	741	received.
742	742	K. If no written notice of intent to attend the public hearing by
743	743	interested parties is received, the Commission may proceed with
744	744	promulgation of the proposed Rule without a public hearing.
745	745	L. The Commission shall, by majority vote of all members, take
746	746	final action on the proposed Rule and shall determine the effective
747	747	date of the Rule, if any, based on the Rulemaking record and the
748	748	full text of the Rule.
749	749	M. Upon determination that an emergency exists, the Commission may
750	750	consider and adopt an emergency Rule without prior notice,
751	751	opportunity for comment, or hearing, provided that the usual
752	752	Rulemaking procedures provided in the Compact and in this section
753	753	shall be retroactively applied to the Rule as soon as reasonably
754	754	possible, in no event later than ninety (90) days after the
755	755	effective date of the Rule. For the purposes of this provision, an
756	756	emergency Rule is one that must be adopted immediately in order to:
757	757	1. Meet an imminent threat to public health, safety, or
758	758	welfare;
759	759	2. Prevent a loss of Commission or Member State funds;
760	760	3. Meet a deadline for the promulgation of an administrative
761	761	Rule that is established by federal law or Rule; or
762	762	4. Protect public health and safety.
763	763	N. The Commission or an authorized committee of the Commission may
764	764	direct revisions to a previously adopted Rule or amendment for
765	765	purposes of correcting typographical errors, errors in format,
766	766	errors in consistency, or grammatical errors. Public notice of any
767	767	revisions shall be posted on the website of the Commission. The
768	768	revision shall be subject to challenge by any person for a period of
769	769	thirty (30) days after posting. The revision may be challenged only
770	770	on grounds that the revision results in a material change to a Rule.
771	771	A challenge shall be made in writing and delivered to the chair of
772	772	the Commission prior to the end of the notice period. If no
773	773	challenge is made, the revision will take effect without further
774	774	action. If the revision is challenged, the revision may not take
775	775	effect without the approval of the Commission.
776	776	SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
777	777	A. Oversight
778	778	1. The executive, legislative, and judicial branches of
779	779	State government in each Member State shall enforce this Compact
780	780	and take all actions necessary and appropriate to effectuate the
781	781	Compact's purposes and intent. The provisions of this Compact and
782	782	the Rules promulgated hereunder shall have standing as statutory
783	783	law.
784	784	2. All courts shall take judicial notice of the Compact and
785	785	the Rules in any judicial or administrative proceeding in a Member
786	786	State pertaining to the subject matter of this Compact which may
787	787	affect the powers, responsibilities, or actions of the Commission.
788	788	3. The Commission shall be entitled to receive service of
789	789	process in any such proceeding and shall have standing to intervene
790	790	in such a proceeding for all purposes. Failure to provide service
791	791	of process to the Commission shall render a judgment or order void
792	792	as to the Commission, this Compact, or promulgated Rules.
793	793	B. Default, Technical Assistance, and Termination
794	794	1. If the Commission determines that a Member State has
795	795	defaulted in the performance of its obligations or responsibilities
796	796	under this Compact or the promulgated Rules, the Commission shall:
797	797	a. Provide written notice to the defaulting State and
798	798	other Member States of the nature of the default, the proposed means
799	799	of curing the default and/or any other action to be taken by the
800	800	Commission; and
801	801	b. Provide remedial training and specific technical
802	802	assistance regarding the default.
803	803	C. If a State in default fails to cure the default, the defaulting
804	804	State may be terminated from the Compact upon an affirmative vote of
805	805	a majority of the Member States, and all rights, privileges and
806	806	benefits conferred by this Compact may be terminated on the
807	807	effective date of termination. A cure of the default does not
808	808	relieve the offending State of obligations or liabilities incurred
809	809	during the period of default.
810	810	D. Termination of membership in the Compact shall be imposed only
811	811	after all other means of securing compliance have been exhausted.
812	812	Notice of intent to suspend or terminate shall be given by the
813	813	Commission to the governor, the majority and minority leaders of
814	814	the defaulting State's legislature, and each of the Member States.
815	815	E. A State that has been terminated is responsible for all
816	816	assessments, obligations, and liabilities incurred through the
817	817	effective date of termination, including obligations that extend
818	818	beyond the effective date of termination.
819	819	F. The Commission shall not bear any costs related to a State that
820	820	is found to be in default or that has been terminated from the
821	821	Compact, unless agreed upon in writing between the Commission and
822	822	the defaulting State.
823	823	G. The defaulting State may appeal the action of the Commission by
824	824	petitioning the U.S. District Court for the District of Columbia or
825	825	the federal district where the Commission has its principal
826	826	offices. The prevailing member shall be awarded all costs of such
827	827	litigation, including reasonable attorney's fees.
828	828	H. Dispute Resolution
829	829	1. Upon request by a Member State, the Commission shall
830	830	attempt to resolve disputes related to the Compact that arise among
831	831	Member States and between member and non-Member States.
832	832	2. The Commission shall promulgate a Rule providing for both
833	833	mediation and binding dispute resolution for disputes as
834	834	appropriate.
835	835	I. Enforcement
836	836	1. The Commission, in the reasonable exercise of its
837	837	discretion, shall enforce the provisions and Rules of this Compact.
838	838	2. By majority vote, the Commission may initiate legal
839	839	action in the United States District Court for the District of
840	840	Columbia or the federal district where the Commission has its
841	841	principal offices against a Member State in default to enforce
842	842	compliance with the provisions of the Compact and its promulgated
843	843	Rules and bylaws. The relief sought may include both injunctive
844	844	relief and damages. In the event judicial enforcement is
845	845	necessary, the prevailing member shall be awarded all costs of such
846	846	litigation, including reasonable attorney's fees.
847	847	3. The remedies herein shall not be the exclusive remedies
848	848	of the Commission. The Commission may pursue any other remedies
849	849	available under federal or State law.
850	850	SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT
851	851	COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
852	852	A. The Compact shall come into effect on the date on which the
853	853	Compact statute is enacted into law in the tenth Member State. The
854	854	provisions, which become effective at that time, shall be limited
855	855	to the powers granted to the Commission relating to assembly and the
856	856	promulgation of Rules. Thereafter, the Commission shall meet and
857	857	exercise Rulemaking powers necessary to the implementation and
858	858	administration of the Compact.
859	859	B. Any State that joins the Compact subsequent to the Commission's
860	860	initial adoption of the Rules shall be subject to the Rules as they
861	861	exist on the date on which the Compact becomes law in that State.
862	862	Any Rule that has been previously adopted by the Commission shall
863	863	have the full force and effect of law on the day the Compact becomes
864	864	law in that State.
865	865	C. Any Member State may withdraw from this Compact by enacting a
866	866	statute repealing the same.
867	867	1. A Member State's withdrawal shall not take effect until
868	868	six (6) months after enactment of the repealing statute.
869	869	2. Withdrawal shall not affect the continuing requirement
870	870	of the withdrawing State's Professional Counseling Licensing Board
871	871	to comply with the investigative and Adverse Action reporting
872	872	requirements of this act prior to the effective date of withdrawal.
873	873	D. Nothing contained in this Compact shall be construed to
874	874	invalidate or prevent any Professional Counseling licensure
875	875	agreement or other cooperative arrangement between a Member State
876	876	and a non-Member State that does not conflict with the provisions of
877	877	this Compact.
878	878	E. This Compact may be amended by the Member States. No amendment
879	879	to this Compact shall become effective and binding upon any Member
880	880	State until it is enacted into the laws of all Member States.
881	881	SECTION 14. CONSTRUCTION AND SEVERABILITY
882	882	This Compact shall be liberally construed so as to effectuate the
883	883	purposes thereof. The provisions of this Compact shall be
884	884	severable and if any phrase, clause, sentence or provision of this
885	885	Compact is declared to be contrary to the constitution of any Member
886	886	State or of the United States or the applicability thereof to any
887	887	government, agency, person or circumstance is held invalid, the
888	888	validity of the remainder of this Compact and the applicability
889	889	thereof to any government, agency, person or circumstance shall not
890	890	be affected thereby. If this Compact shall be held contrary to the
891	891	constitution of any Member State, the Compact shall remain in full
892	892	force and effect as to the remaining Member States and in full force
893	893	and effect as to the Member State affected as to all severable
894	894	matters.
895	895	SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS
896	896	A. A Licensee providing Professional Counseling services in a
897	897	Remote State under the Privilege to Practice shall adhere to the
898	898	laws and regulations, including scope of practice, of the Remote
899	899	State.
900	900	B. Nothing herein prevents the enforcement of any other law of a
901	901	Member State that is not inconsistent with the Compact.
902	902	C. Any laws in a Member State in conflict with the Compact are
903	903	superseded to the extent of the conflict.
904	904	D. Any lawful actions of the Commission, including all Rules and
905	905	bylaws properly promulgated by the Commission, are binding upon the
906	906	Member States.
907	907	E. All permissible agreements between the Commission and the
908	908	Member States are binding in accordance with their terms.
909	909	F. In the event any provision of the Compact exceeds the
910	910	constitutional limits imposed on the legislature of any Member
911	911	State, the provision shall be ineffective to the extent of the
912	912	conflict with the constitutional provision in question in that
913	913	Member State.
914	914	Sec. 503.502. ADMINISTRATION OF COMPACT. The executive
915	915	council is the Licensed Professional Counselors Compact
916	916	administrator for this state.
917	917	Sec. 503.503. RULES. The executive council may adopt rules
918	918	necessary to implement this subchapter.
919	919	SECTION 2. This Act takes effect September 1, 2025.