as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 03:45pm
A bill for an act
relating to health care; establishing an interstate compact for professional
counselors; proposing coding for new law in Minnesota Statutes, chapter 148B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The licensed professional counselor interstate compact is enacted into law and entered
into with all other jurisdictions legally joining in it, in the form substantially specified in
this section.
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ARTICLE I
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PURPOSE
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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:
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(1) increase public access to professional counseling services by providing for the mutual
recognition of other member state licenses;
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(2) enhance the states' ability to protect the public's health and safety;
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(3) encourage the cooperation of member states in regulating multistate practice for
licensed professional counselors;
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(4) support spouses of relocating active duty military personnel;
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(5) enhance the exchange of licensure, investigative, and disciplinary information among
member states;
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(6) allow for the use of telehealth technology to facilitate increased access to professional
counseling services;
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(7) support the uniformity of professional counseling licensure requirements throughout
the states to promote public safety and public health benefits;
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(8) 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;
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(9) eliminate the necessity for licenses in multiple states; and
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(10) provide opportunities for interstate practice by licensed professional counselors
who meet uniform licensure requirements.
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ARTICLE II
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DEFINITIONS
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(a) As used in this compact, and except as otherwise provided, the following definitions
shall apply.
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(b) "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 United States Code, title 10, chapters 1209 and 1211.
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(c) "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.
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(d) "Alternative program" means a non-disciplinary monitoring or practice remediation
process approved by a professional counseling licensing board to address impaired
practitioners.
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(e) "Continuing competence" and "continuing education" means a requirement, as a
condition of license renewal, to provide evidence of participation in, or completion of,
educational and professional activities relevant to practice or area of work.
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(f) "Counseling compact commission" or "commission" means the national administrative
body whose membership consists of all states that have enacted the compact.
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(g) "Current significant investigative information" means:
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(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
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(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.
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(h) "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.
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(i) "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).
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(j) "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of licensed professional counseling by a licensing board.
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(k) "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.
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(l) "Home state" means the member state that is the licensee's primary state of residence.
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(m) "Impaired practitioner" means an individual who has a condition that may impair
their ability to practice as a licensed professional counselor without some type of intervention
and may include but is not limited to alcohol and drug dependence, mental health impairment,
and neurological or physical impairment.
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(n) "Investigative information" means information, records, and documents received or
generated by a professional counseling licensing board pursuant to an investigation.
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(o) "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.
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(p) "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.
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(q) "Licensee" means an individual who currently holds an authorization from the state
to practice as a licensed professional counselor.
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(r) "Licensing board" means the agency of a state, or equivalent, that is responsible for
the licensing and regulation of licensed professional counselors.
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(s) "Member state" means a state that has enacted the compact.
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(t) "Privilege to practice" means a legal authorization, which is equivalent to a license,
permitting the practice of professional counseling in a remote state.
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(u) "Professional counseling" means the assessment, diagnosis, and treatment of
behavioral health conditions by a licensed professional counselor.
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(v) "Remote state" means a member state other than the home state, where a licensee is
exercising or seeking to exercise the privilege to practice.
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(w) "Rule" means a regulation promulgated by the commission that has the force of law.
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(x) "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.
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(y) "State" means any state, commonwealth, district, or territory of the United States
that regulates the practice of professional counseling.
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(z) "Telehealth" means the application of telecommunication technology to deliver
professional counseling services remotely to assess, diagnose, and treat behavioral health
conditions.
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(aa) "Unencumbered license" means a license that authorizes a licensed professional
counselor to engage in the full and unrestricted practice of professional counseling.
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ARTICLE III
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STATE PARTICIPATION IN THE COMPACT
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(a) To participate in the compact, a state must currently:
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(1) license and regulate licensed professional counselors;
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(2) require licensees to pass a nationally recognized exam approved by the commission;
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(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 coursework including the
following topic areas:
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(i) professional counseling orientation and ethical practice;
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(ii) social and cultural diversity;
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(iii) human growth and development;
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(iv) career development;
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(v) counseling and helping relationships;
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(vi) group counseling and group work;
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(vii) diagnosis and treatment; assessment and testing;
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(viii) research and program evaluation; and
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(ix) other areas as determined by the commission;
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(4) require licensees to complete a supervised postgraduate professional experience as
defined by the commission; and
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(5) have a mechanism in place for receiving and investigating complaints about licensees.
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(b) A member state shall:
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(1) participate fully in the commission's data system, including using the commission's
unique identifier as defined in rules;
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(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;
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(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;
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(i) a member state must fully implement a criminal background check requirement,
within a timeframe established by rule, by receiving the results of the Federal Bureau of
Investigation record search and shall use the results in making licensure decisions; and
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(ii) 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;
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(4) comply with the rules of the commission;
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(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;
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(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
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(7) provide for the attendance of the state's commissioner to the counseling compact
commission meetings.
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(c) Member states may charge a fee for granting the privilege to practice.
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(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.
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(e) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single state license.
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(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.
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ARTICLE IV
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PRIVILEGE TO PRACTICE
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(a) To exercise the privilege to practice under the terms and provisions of the compact,
the licensee shall:
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(1) hold a license in the home state;
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(2) have a valid United States Social Security number or national practitioner identifier;
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(3) be eligible for a privilege to practice in any member state in accordance with this
article, paragraphs (d), (g), and (h);
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(4) have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years;
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(5) notify the commission that the licensee is seeking the privilege to practice within a
remote state(s);
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(6) pay any applicable fees, including any state fee, for the privilege to practice;
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(7) meet any continuing competence or education requirements established by the home
state;
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(8) meet any jurisprudence requirements established by the remote state in which the
licensee is seeking a privilege to practice; and
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(9) report to the commission any adverse action, encumbrance, or restriction on license
taken by any nonmember state within 30 days from the date the action is taken.
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(b) The privilege to practice is valid until the expiration date of the home state license.
The licensee must comply with the requirements of this article, paragraph (a), to maintain
the privilege to practice in the remote state.
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(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.
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(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, 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.
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(e) If a home state license is encumbered, the licensee shall lose the privilege to practice
in any remote state until the following occur:
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(1) the home state license is no longer encumbered; and
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(2) have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years.
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(f) Once an encumbered license in the home state is restored to good standing, the
licensee must meet the requirements of this article, paragraph (a), to obtain a privilege to
practice in any remote state.
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(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:
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(1) the specific period of time for which the privilege to practice was removed has ended;
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(2) all fines have been paid; and
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(3) have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years.
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(h) Once the requirements of this article, paragraph (g), have been met, the licensee must
meet the requirements in this article, paragraph (g), to obtain a privilege to practice in a
remote state.
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ARTICLE V
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OBTAINING A NEW HOME STATE LICENSE
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BASED ON A PRIVILEGE TO PRACTICE
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(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.
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(b) If a licensed professional counselor changes primary state of residence by moving
between two member states:
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(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;
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(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 article IV via the data system, without need for
primary source verification, except for:
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(i) 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;
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(ii) other criminal background checks as required by the new home state; and
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(iii) completion of any requisite jurisprudence requirements of the new home state;
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(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;
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(4) notwithstanding any other provision of this compact, if the licensed professional
counselor cannot meet the criteria in article VI, the new home state may apply its
requirements for issuing a new single state license; and
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(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.
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(c) If a licensed professional counselor changes primary state of residence by moving
from a member state to a nonmember state, or from a nonmember state to a member state,
the state criteria shall apply for issuance of a single state license in the new state.
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(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.
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(e) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single state license.
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ARTICLE VI
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ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
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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 article V.
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ARTICLE VII
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COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
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(a) Member states shall recognize the right of a licensed professional counselor, licensed
by a home state in accordance with article III 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.
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(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.
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ARTICLE VIII
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ADVERSE ACTIONS
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(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:
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(1) take adverse action against a licensed professional counselor's privilege to practice
within that member state; and
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(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.
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(b) Only the home state shall have the power to take adverse action against a licensed
professional counselor's license issued by the home state.
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(c) 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.
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(d) 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 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.
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(e) 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.
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(f) 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.
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(g) Joint investigations:
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(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; and
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(2) member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the compact.
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(h) 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.
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(i) 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.
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(j) 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.
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ARTICLE IX
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ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
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(a) The compact member states hereby create and establish a joint public agency known
as the counseling compact commission:
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(1) the commission is an instrumentality of the compact states;
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(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;
and
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(3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
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(b) Membership, voting, and meetings:
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(1) each member state shall have and be limited to one delegate selected by that member
state's licensing board;
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(2) the delegate shall be either:
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(i) a current member of the licensing board at the time of appointment who is a licensed
professional counselor or public member; or
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(ii) an administrator of the licensing board;
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(3) any delegate may be removed or suspended from office as provided by the law of
the state from which the delegate is appointed;
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(4) the member state licensing board shall fill any vacancy occurring on the commission
within 60 days;
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(5) each delegate shall be entitled to one 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;
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(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;
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(7) the commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws; and
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(8) the commission shall by rule establish a term of office for delegates and may by rule
establish term limits.
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(c) The commission shall have the following powers and duties:
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(1) establish the fiscal year of the commission;
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(2) establish bylaws;
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(3) maintain its financial records in accordance with the bylaws;
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(4) meet and take such actions as are consistent with the provisions of this compact and
the bylaws;
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(5) promulgate rules which shall be binding to the extent and in the manner provided
for in the compact;
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(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;
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(7) purchase and maintain insurance and bonds;
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(8) borrow, accept, or contract for services of personnel, including but not limited to
employees of a member state;
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(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;
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(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 conflict of interest;
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(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;
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(12) sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
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(13) establish a budget and make expenditures;
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(14) borrow money;
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(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;
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(16) provide and receive information from, and cooperate with, law enforcement agencies;
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(17) establish and elect an executive committee; and
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(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.
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(d) The executive committee:
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(1) the executive committee shall have the power to act on behalf of the commission
according to the terms of this compact;
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(2) the executive committee shall be composed of up to eleven members:
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(i) seven voting members who are elected by the commission from the current
membership of the commission;
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(ii) up to four ex-officio, nonvoting members from four recognized national professional
counselor organizations; and
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(iii) the ex-officio members will be selected by their respective organizations;
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(3) the commission may remove any member of the executive committee as provided
in the bylaws;
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(4) the executive committee shall meet at least annually; and
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(5) the executive committee shall have the following duties and responsibilities:
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(i) 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;
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(ii) ensure compact administration services are appropriately provided, contractual or
otherwise;
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(iii) prepare and recommend the budget;
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(iv) maintain financial records on behalf of the commission;
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(v) monitor compact compliance of member states and provide compliance reports to
the commission;
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(vi) establish additional committees as necessary; and
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(vii) other duties as provided in rules or bylaws.
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(e) Meetings of the commission:
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(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 article XI;
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(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:
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(i) non-compliance of a member state with its obligations under the compact;
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(ii) 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;
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(iii) current, threatened, or reasonably anticipated litigation;
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(iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
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(v) accusing any person of a crime or formally censuring any person;
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(vi) disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
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(vii) disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
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(viii) disclosure of investigative records compiled for law enforcement purposes;
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(ix) 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
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(x) matters specifically exempted from disclosure by federal or member state statute;
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(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; and
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(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.
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(f) Financing of the commission:
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(i) the commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities;
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(ii) the commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services;
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(iii) 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;
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(iv) 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; and
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(v) 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.
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(g) Qualified immunity, defense, and indemnification:
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(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 or
liability for any damage, loss, injury, or liability caused by the intentional or willful or
wanton misconduct of that person;
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(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; and
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(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.
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ARTICLE X
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DATA SYSTEM
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(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.
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(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:
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(1) identifying information;
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(2) licensure data;
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(3) adverse actions against a license or privilege to practice;
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(4) nonconfidential information related to alternative program participation;
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(5) any denial of application for licensure and the reason for such denial;
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(6) current significant investigative information; and
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(7) other information that may facilitate the administration of this compact, as determined
by the rules of the commission.
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(c) Investigative information pertaining to a licensee in any member state will only be
available to other member states.
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(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.
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(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.
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(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.
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ARTICLE XI
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RULEMAKING
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(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.
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(b) The commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this article and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
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(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 years of
the date of adoption of the rule, then such rule shall have no further force and effect in any
member state.
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(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of
the commission.
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(e) Prior to promulgation and adoption of a final rule or rules by the commission, and
at least thirty 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:
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(1) on the website of the commission or other publicly accessible platform; and
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(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.
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(f) The notice of proposed rulemaking shall include:
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(1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
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(2) the text of the proposed rule or amendment and the reason for the proposed rule;
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(3) a request for comments on the proposed rule from any interested person; and
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(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.
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(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.
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(h) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
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(1) at least 25 persons;
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(2) a state or federal governmental subdivision or agency; or
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(3) an association having at least 25 members.
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(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:
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(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 business days before the scheduled date of the hearing;
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(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;
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(3) all hearings will be recorded. A copy of the recording will be made available on
request; and
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(4) nothing in this article 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
article.
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(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.
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(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.
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(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.
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(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 article shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than 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:
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(1) meet an imminent threat to public health, safety, or welfare;
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(2) prevent a loss of commission or member state funds;
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(3) meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule; or
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(4) protect public health and safety.
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(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 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.
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ARTICLE XII
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OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
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(a) Oversight:
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(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;
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(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; and
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(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.
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(b) Default, technical assistance, and termination:
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(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:
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(i) provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default, or any other action to be taken by
the commission; and
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(ii) provide remedial training and specific technical assistance regarding the default.
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(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.
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(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.
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(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.
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(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.
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(g) The defaulting state may appeal the action of the commission by petitioning the
United States 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.
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(h) Dispute resolution:
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(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 nonmember
states; and
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(2) the commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
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(i) Enforcement:
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(1) the commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact;
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(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;
and
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(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.
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ARTICLE XIII
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DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION
AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
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(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.
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(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.
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(c) Any member state may withdraw from this compact by enacting a statute repealing
the same.
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(1) a member state's withdrawal shall not take effect until six months after enactment
of the repealing statute; and
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(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.
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(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 nonmember state that does not conflict with the provisions of this
compact.
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(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.
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ARTICLE XIV
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CONSTRUCTION AND SEVERABILITY
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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.
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ARTICLE XV
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BINDING EFFECT OF COMPACT AND OTHER LAWS
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(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.
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(b) Nothing herein prevents the enforcement of any other law of a member state that is
not inconsistent with the compact.
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(c) Any laws in a member state in conflict with the compact are superseded to the extent
of the conflict.
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(d) Any lawful actions of the commission, including all rules and bylaws properly
promulgated by the commission, are binding upon the member states.
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(e) All permissible agreements between the commission and the member states are
binding in accordance with their terms.
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(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.
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