Goodwin’s Counselor Compact Lets A Commission Override Conflicting State Law

The text as introduced · 7,774 words

89R744 SCP-D

By: Goodwin
H.B. No. 1537

A BILL TO BE ENTITLED

AN ACT

relating to the Licensed Professional Counselors Compact;

authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 503, Occupations Code, is amended by

adding Subchapter K to read as follows:

SUBCHAPTER K. LICENSED PROFESSIONAL COUNSELORS COMPACT

Sec. 503.501. LICENSED PROFESSIONAL COUNSELORS COMPACT.

The Licensed Professional Counselors Compact is enacted and entered

into with all other jurisdictions that legally join in the compact,

which reads as follows:

LICENSED PROFESSIONAL COUNSELORS COMPACT

SECTION 1: PURPOSE

The purpose of this Compact is to facilitate interstate practice of

Licensed Professional Counselors with the goal of improving public

access to Professional Counseling services. The practice of

Professional Counseling occurs in the State where the client is

located at the time of the counseling services. The Compact

preserves the regulatory authority of States to protect public

health and safety through the current system of State licensure.

This Compact is designed to achieve the following objectives:

A. Increase public access to Professional Counseling

services by providing for the mutual recognition of other Member

State licenses;

B. Enhance the States' ability to protect the public's

health and safety;

C. Encourage the cooperation of Member States in regulating

multistate practice for Licensed Professional Counselors;

D. Support spouses of relocating Active Duty Military

personnel;

E. Enhance the exchange of licensure, investigative, and

disciplinary information among Member States;

F. Allow for the use of Telehealth technology to facilitate

increased access to Professional Counseling services;

G. Support the uniformity of Professional Counseling

licensure requirements throughout the States to promote public

safety and public health benefits;

H. Invest all Member States with the authority to hold a

Licensed Professional Counselor accountable for meeting all State

practice laws in the State in which the client is located at the

time care is rendered through the mutual recognition of Member

State licenses;

I. Eliminate the necessity for licenses in multiple States;

and

J. Provide opportunities for interstate practice by

Licensed Professional Counselors who meet uniform licensure

requirements.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the

following definitions shall apply:

A. "Active Duty Military" means full-time duty status in the

active uniformed service of the United States, including members of

the National Guard and Reserve on active duty orders pursuant to 10

U.S.C. Chapters 1209 and 1211.

B. "Adverse Action" means any administrative, civil, equitable or

criminal action permitted by a State's laws which is imposed by a

licensing board or other authority against a Licensed Professional

Counselor, including actions against an individual's license or

Privilege to Practice such as revocation, suspension, probation,

monitoring of the licensee, limitation on the licensee's practice,

or any other Encumbrance on licensure affecting a Licensed

Professional Counselor's authorization to practice, including

issuance of a cease and desist action.

C. "Alternative Program" means a non-disciplinary monitoring or

practice remediation process approved by a Professional Counseling

Licensing Board to address Impaired Practitioners.

D. "Continuing Competence/Education" means a requirement, as a

condition of license renewal, to provide evidence of participation

in, and/or completion of, educational and professional activities

relevant to practice or area of work.

E. "Counseling Compact Commission" or "Commission" means the

national administrative body whose membership consists of all

States that have enacted the Compact.

F. "Current Significant Investigative Information" means:

1. Investigative Information that a Licensing Board, after

a preliminary inquiry that includes notification and an opportunity

for the Licensed Professional Counselor to respond, if required by

State law, has reason to believe is not groundless and, if proved

true, would indicate more than a minor infraction; or

2. Investigative Information that indicates that the

Licensed Professional Counselor represents an immediate threat to

public health and safety regardless of whether the Licensed

Professional Counselor has been notified and had an opportunity to

respond.

G. "Data System" means a repository of information about

Licensees, including, but not limited to, continuing education,

examination, licensure, investigative, Privilege to Practice and

Adverse Action information.

H. "Encumbered License" means a license in which an Adverse Action

restricts the practice of licensed Professional Counseling by the

Licensee and said Adverse Action has been reported to the National

Practitioners Data Bank (NPDB).

I. "Encumbrance" means a revocation or suspension of, or any

limitation on, the full and unrestricted practice of Licensed

Professional Counseling by a Licensing Board.

J. "Executive Committee" means a group of directors elected or

appointed to act on behalf of, and within the powers granted to them

by, the Commission.

K. "Home State" means the Member State that is the Licensee's

primary State of residence.

L. "Impaired Practitioner" means an individual who has a

condition(s) that may impair their ability to practice as a

Licensed Professional Counselor without some type of intervention

and may include, but are not limited to, alcohol and drug

dependence, mental health impairment, and neurological or

physical impairments.

M. "Investigative Information" means information, records, and

documents received or generated by a Professional Counseling

Licensing Board pursuant to an investigation.

N. "Jurisprudence Requirement" if required by a Member State,

means the assessment of an individual's knowledge of the laws and

Rules governing the practice of Professional Counseling in a State.

O. "Licensed Professional Counselor" means a counselor licensed

by a Member State, regardless of the title used by that State, to

independently assess, diagnose, and treat behavioral health

conditions.

P. "Licensee" means an individual who currently holds an

authorization from the State to practice as a Licensed Professional

Counselor.

Q. "Licensing Board" means the agency of a State, or equivalent,

that is responsible for the licensing and regulation of Licensed

Professional Counselors.

R. Member State" means a State that has enacted the Compact.

S. "Privilege to Practice" means a legal authorization, which is

equivalent to a license, permitting the practice of Professional

Counseling in a Remote State.

T. "Professional Counseling" means the assessment, diagnosis, and

treatment of behavioral health conditions by a Licensed

Professional Counselor.

U. "Remote State" means a Member State other than the Home State,

where a Licensee is exercising or seeking to exercise the Privilege

to Practice.

V. "Rule" means a regulation promulgated by the Commission that

has the force of law.

W. "Single State License" means a Licensed Professional Counselor

license issued by a Member State that authorizes practice only

within the issuing State and does not include a Privilege to

Practice in any other Member State.

X. "State" means any state, commonwealth, district, or territory

of the United States of America that regulates the practice of

Professional Counseling.

Y. "Telehealth" means the application of telecommunication

technology to deliver Professional Counseling services remotely to

assess, diagnose, and treat behavioral health conditions.

Z. "Unencumbered License" means a license that authorizes a

Licensed Professional Counselor to engage in the full and

unrestricted practice of Professional Counseling.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. To Participate in the Compact, a State must currently:

1. License and regulate Licensed Professional Counselors;

2. Require Licensees to pass a nationally recognized exam

approved by the Commission;

3. Require Licensees to have a 60 semester-hour (or 90

quarter-hour) master's degree in counseling or 60 semester-hours

(or 90 quarter-hours) of graduate course work including the

following topic areas:

a. Professional Counseling Orientation and Ethical

Practice;

b. Social and Cultural Diversity;

c. Human Growth and Development;

d. Career Development;

e. Counseling and Helping Relationships;

f. Group Counseling and Group Work;

g. Diagnosis and Treatment; Assessment and Testing;

h. Research and Program Evaluation; and

i. Other areas as determined by the Commission.

4. Require Licensees to complete a supervised postgraduate

professional experience as defined by the Commission;

5. Have a mechanism in place for receiving and investigating

complaints about Licensees.

B. A Member State shall:

1. Participate fully in the Commission's Data System,

including using the Commission's unique identifier as defined in

Rules;

2. Notify the Commission, in compliance with the terms of

the Compact and Rules, of any Adverse Action or the availability of

Investigative Information regarding a Licensee;

3. Implement or utilize procedures for considering the

criminal history records of applicants for an initial Privilege to

Practice. These procedures shall include the submission of

fingerprints or other biometric-based information by applicants

for the purpose of obtaining an applicant's criminal history record

information from the Federal Bureau of Investigation and the agency

responsible for retaining that State's criminal records;

a. A member state must fully implement a criminal

background check requirement, within a time frame established by

rule, by receiving the results of the Federal Bureau of

Investigation record search and shall use the results in making

licensure decisions.

b. Communication between a Member State, the

Commission and among Member States regarding the verification of

eligibility for licensure through the Compact shall not include any

information received from the Federal Bureau of Investigation

relating to a federal criminal records check performed by a Member

State under Public Law 92-544.

4. Comply with the Rules of the Commission;

5. Require an applicant to obtain or retain a license in the

Home State and meet the Home State's qualifications for licensure

or renewal of licensure, as well as all other applicable State laws;

6. Grant the Privilege to Practice to a Licensee holding a

valid Unencumbered License in another Member State in accordance

with the terms of the Compact and Rules; and

7. Provide for the attendance of the State's commissioner to

the Counseling Compact Commission meetings.

C. Member States may charge a fee for granting the Privilege to

Practice.

D. Individuals not residing in a Member State shall continue to be

able to apply for a Member State's Single State License as provided

under the laws of each Member State. However, the Single State

License granted to these individuals shall not be recognized as

granting a Privilege to Practice Professional Counseling in any

other Member State.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

F. A license issued to a Licensed Professional Counselor by a Home

State to a resident in that State shall be recognized by each Member

State as authorizing a Licensed Professional Counselor to practice

Professional Counseling, under a Privilege to Practice, in each

Member State.

SECTION 4. PRIVILEGE TO PRACTICE

A. To exercise the Privilege to Practice under the terms and

provisions of the Compact, the Licensee shall:

1. Hold a license in the Home State;

2. Have a valid United States Social Security Number or

National Practitioner Identifier;

3. Be eligible for a Privilege to Practice in any Member

State in accordance with Section 4(D), (G) and (H);

4. Have not had any Encumbrance or restriction against any

license or Privilege to Practice within the previous two (2) years;

5. Notify the Commission that the Licensee is seeking the

Privilege to Practice within a Remote State(s);

6. Pay any applicable fees, including any State fee, for the

Privilege to Practice;

7. Meet any Continuing Competence/Education requirements

established by the Home State;

8. Meet any Jurisprudence Requirements established by the

Remote State(s) in which the Licensee is seeking a Privilege to

Practice; and

9. Report to the Commission any Adverse Action,

Encumbrance, or restriction on license taken by any non-Member

State within 30 days from the date the action is taken.

B. The Privilege to Practice is valid until the expiration date of

the Home State license. The Licensee must comply with the

requirements of Section 4(A) to maintain the Privilege to Practice

in the Remote State.

C. A Licensee providing Professional Counseling in a Remote State

under the Privilege to Practice shall adhere to the laws and

regulations of the Remote State.

D. A Licensee providing Professional Counseling services in a

Remote State is subject to that State's regulatory authority. A

Remote State may, in accordance with due process and that State's

laws, remove a Licensee's Privilege to Practice in the Remote State

for a specific period of time, impose fines, and/or take any other

necessary actions to protect the health and safety of its citizens.

The Licensee may be ineligible for a Privilege to Practice in any

Member State until the specific time for removal has passed and all

fines are paid.

E. If a Home State license is encumbered, the Licensee shall lose

the Privilege to Practice in any Remote State until the following

occur:

1. The Home State license is no longer encumbered; and

2. Have not had any Encumbrance or restriction against any

license or Privilege to Practice within the previous two (2) years.

F. Once an Encumbered License in the Home State is restored to good

standing, the Licensee must meet the requirements of Section 4(A)

to obtain a Privilege to Practice in any Remote State.

G. If a Licensee's Privilege to Practice in any Remote State is

removed, the individual may lose the Privilege to Practice in all

other Remote States until the following occur:

1. The specific period of time for which the Privilege to

Practice was removed has ended;

2. All fines have been paid; and

3. Have not had any Encumbrance or restriction against any

license or Privilege to Practice within the previous two (2) years.

H. Once the requirements of Section 4(G) have been met, the

Licensee must meet the requirements in Section 4(A) to obtain a

Privilege to Practice in a Remote State.

SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE

TO PRACTICE

A. A Licensed Professional Counselor may hold a Home State

license, which allows for a Privilege to Practice in other Member

States, in only one Member State at a time.

B. If a Licensed Professional Counselor changes primary State of

residence by moving between two Member States:

1. The Licensed Professional Counselor shall file an

application for obtaining a new Home State license based on a

Privilege to Practice, pay all applicable fees, and notify the

current and new Home State in accordance with applicable Rules

adopted by the Commission.

2. Upon receipt of an application for obtaining a new Home

State license by virtue of a Privilege to Practice, the new Home

State shall verify that the Licensed Professional Counselor meets

the pertinent criteria outlined in Section 4 via the Data System,

without need for primary source verification except for:

a. a Federal Bureau of Investigation fingerprint based

criminal background check if not previously performed or updated

pursuant to applicable rules adopted by the Commission in

accordance with Public Law 92-544;

b. other criminal background check as required by the

new Home State; and

c. completion of any requisite Jurisprudence

Requirements of the new Home State.

3. The former Home State shall convert the former Home State

license into a Privilege to Practice once the new Home State has

activated the new Home State license in accordance with applicable

Rules adopted by the Commission.

4. Notwithstanding any other provision of this Compact, if

the Licensed Professional Counselor cannot meet the criteria in

Section 4, the new Home State may apply its requirements for issuing

a new Single State License.

5. The Licensed Professional Counselor shall pay all

applicable fees to the new Home State in order to be issued a new

Home State license.

C. If a Licensed Professional Counselor changes Primary State of

Residence by moving from a Member State to a non-Member State, or

from a non-Member State to a Member State, the State criteria shall

apply for issuance of a Single State License in the new State.

D. Nothing in this Compact shall interfere with a Licensee's

ability to hold a Single State License in multiple States, however

for the purposes of this Compact, a Licensee shall have only one

Home State license.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active Duty Military personnel, or their spouse, shall designate a

Home State where the individual has a current license in good

standing. The individual may retain the Home State designation

during the period the service member is on active duty. Subsequent

to designating a Home State, the individual shall only change their

Home State through application for licensure in the new State, or

through the process outlined in Section 5.

SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

A. Member States shall recognize the right of a Licensed

Professional Counselor, licensed by a Home State in accordance with

Section 3 and under Rules promulgated by the Commission, to

practice Professional Counseling in any Member State via Telehealth

under a Privilege to Practice as provided in the Compact and Rules

promulgated by the Commission.

B. A Licensee providing Professional Counseling services in a

Remote State under the Privilege to Practice shall adhere to the

laws and regulations of the Remote State.

SECTION 8. ADVERSE ACTIONS

A. In addition to the other powers conferred by State law, a Remote

State shall have the authority, in accordance with existing State

due process law, to:

1. Take Adverse Action against a Licensed Professional

Counselor's Privilege to Practice within that Member State, and

2. Issue subpoenas for both hearings and investigations

that require the attendance and testimony of witnesses as well as

the production of evidence. Subpoenas issued by a Licensing Board

in a Member State for the attendance and testimony of witnesses or

the production of evidence from another Member State shall be

enforced in the latter State by any court of competent

jurisdiction, according to the practice and procedure of that court

applicable to subpoenas issued in proceedings pending before it.

The issuing authority shall pay any witness fees, travel expenses,

mileage, and other fees required by the service statutes of the

State in which the witnesses or evidence are located.

3. Only the Home State shall have the power to take Adverse

Action against a Licensed Professional Counselor's license issued

by the Home State.

B. For purposes of taking Adverse Action, the Home State shall

give the same priority and effect to reported conduct received from

a Member State as it would if the conduct had occurred within the

Home State. In so doing, the Home State shall apply its own State

laws to determine appropriate action.

C. The Home State shall complete any pending investigations of a

Licensed Professional Counselor who changes primary State of

residence during the course of the investigations. The Home State

shall also have the authority to take appropriate action(s) and

shall promptly report the conclusions of the investigations to the

administrator of the Data System. The administrator of the

coordinated licensure information system shall promptly notify the

new Home State of any Adverse Actions.

D. A Member State, if otherwise permitted by State law, may

recover from the affected Licensed Professional Counselor the costs

of investigations and dispositions of cases resulting from any

Adverse Action taken against that Licensed Professional Counselor.

E. A Member State may take Adverse Action based on the factual

findings of the Remote State, provided that the Member State

follows its own procedures for taking the Adverse Action.

F. Joint Investigations:

1. In addition to the authority granted to a Member State by

its respective Professional Counseling practice act or other

applicable State law, any Member State may participate with other

Member States in joint investigations of Licensees.

2. Member States shall share any investigative, litigation,

or compliance materials in furtherance of any joint or individual

investigation initiated under the Compact.

G. If Adverse Action is taken by the Home State against the license

of a Licensed Professional Counselor, the Licensed Professional

Counselor's Privilege to Practice in all other Member States shall

be deactivated until all Encumbrances have been removed from the

State license. All Home State disciplinary orders that impose

Adverse Action against the license of a Licensed Professional

Counselor shall include a Statement that the Licensed Professional

Counselor's Privilege to Practice is deactivated in all Member

States during the pendency of the order.

H. If a Member State takes Adverse Action, it shall promptly

notify the administrator of the Data System. The administrator of

the Data System shall promptly notify the Home State of any Adverse

Actions by Remote States.

I. Nothing in this Compact shall override a Member State's

decision that participation in an Alternative Program may be used

in lieu of Adverse Action.

SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION

A. The Compact Member States hereby create and establish a joint

public agency known as the Counseling Compact Commission:

1. The Commission is an instrumentality of the Compact

States.

2. Venue is proper and judicial proceedings by or against

the Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver

of sovereign immunity.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one (1)

delegate selected by that Member State's Licensing Board.

2. The delegate shall be either:

a. A current member of the Licensing Board at the time

of appointment, who is a Licensed Professional Counselor or public

member; or

b. An administrator of the Licensing Board.

3. Any delegate may be removed or suspended from office as

provided by the law of the State from which the delegate is

appointed.

4. The Member State Licensing Board shall fill any vacancy

occurring on the Commission within 60 days.

5. Each delegate shall be entitled to one (1) vote with

regard to the promulgation of Rules and creation of bylaws and shall

otherwise have an opportunity to participate in the business and

affairs of the Commission.

6. A delegate shall vote in person or by such other means as

provided in the bylaws. The bylaws may provide for delegates'

participation in meetings by telephone or other means of

communication.

7. The Commission shall meet at least once during each

calendar year. Additional meetings shall be held as set forth in

the bylaws.

8. The Commission shall by Rule establish a term of office

for delegates and may by Rule establish term limits.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the

bylaws;

4. Meet and take such actions as are consistent with the

provisions of this Compact and the bylaws;

5. Promulgate Rules which shall be binding to the extent and

in the manner provided for in the Compact;

6. Bring and prosecute legal proceedings or actions in the

name of the Commission, provided that the standing of any State

Licensing Board to sue or be sued under applicable law shall not be

affected;

7. Purchase and maintain insurance and bonds;

8. Borrow, accept, or contract for services of personnel,

including, but not limited to, employees of a Member State;

9. Hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate

authority to carry out the purposes of the Compact, and establish

the Commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other

related personnel matters;

10. Accept any and all appropriate donations and grants of

money, equipment, supplies, materials, and services, and to

receive, utilize, and dispose of the same; provided that at all

times the Commission shall avoid any appearance of impropriety

and/or conflict of interest;

11. Lease, purchase, accept appropriate gifts or donations

of, or otherwise to own, hold, improve or use, any property, real,

personal or mixed; provided that at all times the Commission shall

avoid any appearance of impropriety;

12. Sell convey, mortgage, pledge, lease, exchange,

abandon, or otherwise dispose of any property real, personal, or

mixed;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees

composed of members, State regulators, State legislators or their

representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact and the

bylaws;

16. Provide and receive information from, and cooperate

with, law enforcement agencies;

17. Establish and elect an Executive Committee; and

18. Perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact consistent with

the State regulation of Professional Counseling licensure and

practice.

D. The Executive Committee

1. The Executive Committee shall have the power to act on

behalf of the Commission according to the terms of this Compact.

2. The Executive Committee shall be composed of up to eleven

(11) members:

a. Seven voting members who are elected by the

Commission from the current membership of the Commission; and

b. Up to four (4) ex-officio, nonvoting members from

four (4) recognized national professional counselor organizations.

c. The ex-officio members will be selected by their

respective organizations.

3. The Commission may remove any member of the Executive

Committee as provided in bylaws.

4. The Executive Committee shall meet at least annually.

5. The Executive Committee shall have the following duties

and responsibilities:

a. Recommend to the entire Commission changes to the

Rules or bylaws, changes to this Compact legislation, fees paid by

Compact Member States such as annual dues, and any Commission

Compact fee charged to Licensees for the Privilege to Practice;

b. Ensure Compact administration services are

appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the

Commission;

e. Monitor Compact compliance of Member States and

provide compliance reports to the Commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in Rules or bylaws.

E. Meetings of the Commission

1. All meetings shall be open to the public, and public

notice of meetings shall be given in the same manner as required

under the Rulemaking provisions in Section 11.

2. The Commission or the Executive Committee or other

committees of the Commission may convene in a closed, non-public

meeting if the Commission or Executive Committee or other

committees of the Commission must discuss:

a. Non-compliance of a Member State with its

obligations under the Compact;

b. The employment, compensation, discipline or other

matters, practices or procedures related to specific employees or

other matters related to the Commission's internal personnel

practices and procedures;

c. Current, threatened, or reasonably anticipated

litigation;

d. Negotiation of contracts for the purchase, lease,

or sale of goods, services, or real estate;

e. Accusing any person of a crime or formally

censuring any person;

f. Disclosure of trade secrets or commercial or

financial information that is privileged or confidential;

g. Disclosure of information of a personal nature

where disclosure would constitute a clearly unwarranted invasion of

personal privacy;

h. Disclosure of investigative records compiled for

law enforcement purposes;

i. Disclosure of information related to any

investigative reports prepared by or on behalf of or for use of the

Commission or other committee charged with responsibility of

investigation or determination of compliance issues pursuant to the

Compact; or

j. Matters specifically exempted from disclosure by

federal or Member State statute.

3. If a meeting, or portion of a meeting, is closed pursuant

to this provision, the Commission's legal counsel or designee shall

certify that the meeting may be closed and shall reference each

relevant exempting provision.

4. The Commission shall keep minutes that fully and clearly

describe all matters discussed in a meeting and shall provide a full

and accurate summary of actions taken, and the reasons therefore,

including a description of the views expressed. All documents

considered in connection with an action shall be identified in such

minutes. All minutes and documents of a closed meeting shall remain

under seal, subject to release by a majority vote of the Commission

or order of a court of competent jurisdiction.

F. Financing of the Commission

1. The Commission shall pay, or provide for the payment of,

the reasonable expenses of its establishment, organization, and

ongoing activities.

2. The Commission may accept any and all appropriate revenue

sources, donations, and grants of money, equipment, supplies,

materials, and services.

3. The Commission may levy on and collect an annual

assessment from each Member State or impose fees on other parties to

cover the cost of the operations and activities of the Commission

and its staff, which must be in a total amount sufficient to cover

its annual budget as approved each year for which revenue is not

provided by other sources. The aggregate annual assessment amount

shall be allocated based upon a formula to be determined by the

Commission, which shall promulgate a Rule binding upon all Member

States.

4. The Commission shall not incur obligations of any kind

prior to securing the funds adequate to meet the same; nor shall the

Commission pledge the credit of any of the Member States, except by

and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all

receipts and disbursements. The receipts and disbursements of the

Commission shall be subject to the audit and accounting procedures

established under its bylaws. However, all receipts and

disbursements of funds handled by the Commission shall be audited

yearly by a certified or licensed public accountant, and the report

of the audit shall be included in and become part of the annual

report of the Commission.

G. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees and

representatives of the Commission shall be immune from suit and

liability, either personally or in their official capacity, for any

claim for damage to or loss of property or personal injury or other

civil liability caused by or arising out of any actual or alleged

act, error or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred

within the scope of Commission employment, duties or

responsibilities; provided that nothing in this paragraph shall be

construed to protect any such person from suit and/or liability for

any damage, loss, injury, or liability caused by the intentional or

willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer,

executive director, employee or representative of the Commission in

any civil action seeking to impose liability arising out of any

actual or alleged act, error, or omission that occurred within the

scope of Commission employment, duties, or responsibilities, or

that the person against whom the claim is made had a reasonable

basis for believing occurred within the scope of Commission

employment, duties, or responsibilities; provided that nothing

herein shall be construed to prohibit that person from retaining

his or her own counsel; and provided further, that the actual or

alleged act, error, or omission did not result from that person's

intentional or willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any

member, officer, executive director, employee, or representative

of the Commission for the amount of any settlement or judgment

obtained against that person arising out of any actual or alleged

act, error, or omission that occurred within the scope of

Commission employment, duties, or responsibilities, or that such

person had a reasonable basis for believing occurred within the

scope of Commission employment, duties, or responsibilities,

provided that the actual or alleged act, error, or omission did not

result from the intentional or willful or wanton misconduct of that

person.

SECTION 10. DATA SYSTEM

A. The Commission shall provide for the development, maintenance,

operation, and utilization of a coordinated database and reporting

system containing licensure, Adverse Action, and Investigative

Information on all licensed individuals in Member States.

B. Notwithstanding any other provision of State law to the

contrary, a Member State shall submit a uniform data set to the Data

System on all individuals to whom this Compact is applicable as

required by the Rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a license or Privilege to

Practice;

4. Non-confidential information related to Alternative

Program participation;

5. Any denial of application for licensure, and the

reason(s) for such denial;

6. Current Significant Investigative Information; and

7. Other information that may facilitate the administration

of this Compact, as determined by the Rules of the Commission.

C. Investigative Information pertaining to a Licensee in any

Member State will only be available to other Member States.

D. The Commission shall promptly notify all Member States of any

Adverse Action taken against a Licensee or an individual applying

for a license. Adverse Action information pertaining to a Licensee

in any Member State will be available to any other Member State.

E. Member States contributing information to the Data System may

designate information that may not be shared with the public

without the express permission of the contributing State.

F. Any information submitted to the Data System that is

subsequently required to be expunged by the laws of the Member State

contributing the information shall be removed from the Data System.

SECTION 11. RULEMAKING

A. The Commission shall promulgate reasonable Rules in order to

effectively and efficiently achieve the purpose of the Compact.

Notwithstanding the foregoing, in the event the Commission

exercises its Rulemaking authority in a manner that is beyond the

scope of the purposes of the Compact, or the powers granted

hereunder, then such an action by the Commission shall be invalid

and have no force or effect.

B. The Commission shall exercise its Rulemaking powers pursuant to

the criteria set forth in this Section and the Rules adopted

thereunder. Rules and amendments shall become binding as of the

date specified in each Rule or amendment.

C. If a majority of the legislatures of the Member States rejects a

Rule, by enactment of a statute or resolution in the same manner

used to adopt the Compact within four (4) years of the date of

adoption of the Rule, then such Rule shall have no further force and

effect in any Member State.

D. Rules or amendments to the Rules shall be adopted at a regular

or special meeting of the Commission.

E. Prior to promulgation and adoption of a final Rule or Rules by

the Commission, and at least thirty (30) days in advance of the

meeting at which the Rule will be considered and voted upon, the

Commission shall file a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly

accessible platform; and

2. On the website of each Member State Professional

Counseling Licensing Board or other publicly accessible platform or

the publication in which each State would otherwise publish

proposed Rules.

F. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in

which the Rule will be considered and voted upon;

2. The text of the proposed Rule or amendment and the reason

for the proposed Rule;

3. A request for comments on the proposed Rule from any

interested person; and

4. The manner in which interested persons may submit notice

to the Commission of their intention to attend the public hearing

and any written comments.

G. Prior to adoption of a proposed Rule, the Commission shall

allow persons to submit written data, facts, opinions, and

arguments, which shall be made available to the public.

H. The Commission shall grant an opportunity for a public hearing

before it adopts a Rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons;

2. A State or federal governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

I. If a hearing is held on the proposed Rule or amendment, the

Commission shall publish the place, time, and date of the scheduled

public hearing. If the hearing is held via electronic means, the

Commission shall publish the mechanism for access to the electronic

hearing.

1. All persons wishing to be heard at the hearing shall

notify the executive director of the Commission or other designated

member in writing of their desire to appear and testify at the

hearing not less than five (5) business days before the scheduled

date of the hearing.

2. Hearings shall be conducted in a manner providing each

person who wishes to comment a fair and reasonable opportunity to

comment orally or in writing.

3. All hearings will be recorded. A copy of the recording

will be made available on request.

4. Nothing in this section shall be construed as requiring a

separate hearing on each Rule. Rules may be grouped for the

convenience of the Commission at hearings required by this section.

J. Following the scheduled hearing date, or by the close of

business on the scheduled hearing date if the hearing was not held,

the Commission shall consider all written and oral comments

received.

K. If no written notice of intent to attend the public hearing by

interested parties is received, the Commission may proceed with

promulgation of the proposed Rule without a public hearing.

L. The Commission shall, by majority vote of all members, take

final action on the proposed Rule and shall determine the effective

date of the Rule, if any, based on the Rulemaking record and the

full text of the Rule.

M. Upon determination that an emergency exists, the Commission may

consider and adopt an emergency Rule without prior notice,

opportunity for comment, or hearing, provided that the usual

Rulemaking procedures provided in the Compact and in this section

shall be retroactively applied to the Rule as soon as reasonably

possible, in no event later than ninety (90) days after the

effective date of the Rule. For the purposes of this provision, an

emergency Rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or

welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of an administrative

Rule that is established by federal law or Rule; or

4. Protect public health and safety.

N. The Commission or an authorized committee of the Commission may

direct revisions to a previously adopted Rule or amendment for

purposes of correcting typographical errors, errors in format,

errors in consistency, or grammatical errors. Public notice of any

revisions shall be posted on the website of the Commission. The

revision shall be subject to challenge by any person for a period of

thirty (30) days after posting. The revision may be challenged only

on grounds that the revision results in a material change to a Rule.

A challenge shall be made in writing and delivered to the chair of

the Commission prior to the end of the notice period. If no

challenge is made, the revision will take effect without further

action. If the revision is challenged, the revision may not take

effect without the approval of the Commission.

SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive, legislative, and judicial branches of

State government in each Member State shall enforce this Compact

and take all actions necessary and appropriate to effectuate the

Compact's purposes and intent. The provisions of this Compact and

the Rules promulgated hereunder shall have standing as statutory

law.

2. All courts shall take judicial notice of the Compact and

the Rules in any judicial or administrative proceeding in a Member

State pertaining to the subject matter of this Compact which may

affect the powers, responsibilities, or actions of the Commission.

3. The Commission shall be entitled to receive service of

process in any such proceeding and shall have standing to intervene

in such a proceeding for all purposes. Failure to provide service

of process to the Commission shall render a judgment or order void

as to the Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has

defaulted in the performance of its obligations or responsibilities

under this Compact or the promulgated Rules, the Commission shall:

a. Provide written notice to the defaulting State and

other Member States of the nature of the default, the proposed means

of curing the default and/or any other action to be taken by the

Commission; and

b. Provide remedial training and specific technical

assistance regarding the default.

C. If a State in default fails to cure the default, the defaulting

State may be terminated from the Compact upon an affirmative vote of

a majority of the Member States, and all rights, privileges and

benefits conferred by this Compact may be terminated on the

effective date of termination. A cure of the default does not

relieve the offending State of obligations or liabilities incurred

during the period of default.

D. Termination of membership in the Compact shall be imposed only

after all other means of securing compliance have been exhausted.

Notice of intent to suspend or terminate shall be given by the

Commission to the governor, the majority and minority leaders of

the defaulting State's legislature, and each of the Member States.

E. A State that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

F. The Commission shall not bear any costs related to a State that

is found to be in default or that has been terminated from the

Compact, unless agreed upon in writing between the Commission and

the defaulting State.

G. The defaulting State may appeal the action of the Commission by

petitioning the U.S. District Court for the District of Columbia or

the federal district where the Commission has its principal

offices. The prevailing member shall be awarded all costs of such

litigation, including reasonable attorney's fees.

H. Dispute Resolution

1. Upon request by a Member State, the Commission shall

attempt to resolve disputes related to the Compact that arise among

Member States and between member and non-Member States.

2. The Commission shall promulgate a Rule providing for both

mediation and binding dispute resolution for disputes as

appropriate.

I. Enforcement

1. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and Rules of this Compact.

2. By majority vote, the Commission may initiate legal

action in the United States District Court for the District of

Columbia or the federal district where the Commission has its

principal offices against a Member State in default to enforce

compliance with the provisions of the Compact and its promulgated

Rules and bylaws. The relief sought may include both injunctive

relief and damages. In the event judicial enforcement is

necessary, the prevailing member shall be awarded all costs of such

litigation, including reasonable attorney's fees.

3. The remedies herein shall not be the exclusive remedies

of the Commission. The Commission may pursue any other remedies

available under federal or State law.

SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT

COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the

Compact statute is enacted into law in the tenth Member State. The

provisions, which become effective at that time, shall be limited

to the powers granted to the Commission relating to assembly and the

promulgation of Rules. Thereafter, the Commission shall meet and

exercise Rulemaking powers necessary to the implementation and

administration of the Compact.

B. Any State that joins the Compact subsequent to the Commission's

initial adoption of the Rules shall be subject to the Rules as they

exist on the date on which the Compact becomes law in that State.

Any Rule that has been previously adopted by the Commission shall

have the full force and effect of law on the day the Compact becomes

law in that State.

C. Any Member State may withdraw from this Compact by enacting a

statute repealing the same.

1. A Member State's withdrawal shall not take effect until

six (6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement

of the withdrawing State's Professional Counseling Licensing Board

to comply with the investigative and Adverse Action reporting

requirements of this act prior to the effective date of withdrawal.

D. Nothing contained in this Compact shall be construed to

invalidate or prevent any Professional Counseling licensure

agreement or other cooperative arrangement between a Member State

and a non-Member State that does not conflict with the provisions of

this Compact.

E. This Compact may be amended by the Member States. No amendment

to this Compact shall become effective and binding upon any Member

State until it is enacted into the laws of all Member States.

SECTION 14. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the

purposes thereof. The provisions of this Compact shall be

severable and if any phrase, clause, sentence or provision of this

Compact is declared to be contrary to the constitution of any Member

State or of the United States or the applicability thereof to any

government, agency, person or circumstance is held invalid, the

validity of the remainder of this Compact and the applicability

thereof to any government, agency, person or circumstance shall not

be affected thereby. If this Compact shall be held contrary to the

constitution of any Member State, the Compact shall remain in full

force and effect as to the remaining Member States and in full force

and effect as to the Member State affected as to all severable

matters.

SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS

A. A Licensee providing Professional Counseling services in a

Remote State under the Privilege to Practice shall adhere to the

laws and regulations, including scope of practice, of the Remote

State.

B. Nothing herein prevents the enforcement of any other law of a

Member State that is not inconsistent with the Compact.

C. Any laws in a Member State in conflict with the Compact are

superseded to the extent of the conflict.

D. Any lawful actions of the Commission, including all Rules and

bylaws properly promulgated by the Commission, are binding upon the

Member States.

E. All permissible agreements between the Commission and the

Member States are binding in accordance with their terms.

F. In the event any provision of the Compact exceeds the

constitutional limits imposed on the legislature of any Member

State, the provision shall be ineffective to the extent of the

conflict with the constitutional provision in question in that

Member State.

Sec. 503.502. ADMINISTRATION OF COMPACT. The executive

council is the Licensed Professional Counselors Compact

administrator for this state.

Sec. 503.503. RULES. The executive council may adopt rules

necessary to implement this subchapter.

SECTION 2. This Act takes effect September 1, 2025.