SF 3355

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 08:17am

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:

Section 1.

new text begin [148B.75] LICENSED PROFESSIONAL COUNSELOR INTERSTATE
COMPACT.
new text end

new text begin 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.
new text end

new text begin ARTICLE I
new text end

new text begin DEFINITIONS
new text end

new text begin (a) As used in this compact, and except as otherwise provided, the following definitions
shall apply.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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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new text begin (e) "Continuing competence" and "continuing education" means a requirement, as a
condition of license renewal, to provide evidence of participation in, and completion of,
educational and professional activities relevant to practice or area of work.
new text end

new text begin (f) "Counseling compact commission" or "commission" means the national administrative
body whose membership consists of all states that have enacted the compact.
new text end

new text begin (g) "Current significant investigative information" means:
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new text begin (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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new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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).
new text end

new text begin (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.
new text end

new text begin (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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new text begin (l) "Home state" means the member state that is the licensee's primary state of residence.
new text end

new text begin (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.
new text end

new text begin (n) "Investigative information" means information, records, and documents received or
generated by a professional counseling licensing board pursuant to an investigation.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (q) "Licensee" means an individual who currently holds an authorization from the state
to practice as a licensed professional counselor.
new text end

new text begin (r) "Licensing board" means the agency of a state, or equivalent, that is responsible for
the licensing and regulation of licensed professional counselors.
new text end

new text begin (s) "Member state" means a state that has enacted the compact.
new text end

new text begin (t) "Privilege to practice" means a legal authorization, which is equivalent to a license,
permitting the practice of professional counseling in a remote state.
new text end

new text begin (u) "Professional counseling" means the assessment, diagnosis, and treatment of
behavioral health conditions by a licensed professional counselor.
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new text begin (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.
new text end

new text begin (w) "Rule" means a regulation promulgated by the commission that has the force of law.
new text end

new text begin (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.
new text end

new text begin (y) "State" means any state, commonwealth, district, or territory of the United States
that regulates the practice of professional counseling.
new text end

new text begin (z) "Telehealth" means the application of telecommunication technology to deliver
professional counseling services remotely to assess, diagnose, and treat behavioral health
conditions.
new text end

new text begin (aa) "Unencumbered license" means a license that authorizes a licensed professional
counselor to engage in the full and unrestricted practice of professional counseling.
new text end

new text begin ARTICLE II
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new text begin STATE PARTICIPATION IN THE COMPACT
new text end

new text begin (a) To participate in the compact, a state must currently:
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new text begin (1) license and regulate licensed professional counselors;
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new text begin (2) require licensees to pass a nationally recognized exam approved by the commission;
new text end

new text begin (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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new text begin (i) professional counseling orientation and ethical practice;
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new text begin (ii) social and cultural diversity;
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new text begin (iii) human growth and development;
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new text begin (iv) career development;
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new text begin (v) counseling and helping relationships;
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new text begin (vi) group counseling and group work;
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new text begin (vii) diagnosis and treatment; assessment and testing;
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new text begin (viii) research and program evaluation; and
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new text begin (ix) other areas as determined by the commission;
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new text begin (4) require licensees to complete a supervised postgraduate professional experience as
defined by the commission; and
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new text begin (5) have a mechanism in place for receiving and investigating complaints about licensees.
new text end

new text begin (b) A member state shall:
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new text begin (1) participate fully in the commission's data system, including using the commission's
unique identifier as defined in rules;
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new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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;
new text end

new text begin (4) comply with the rules of the commission;
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new text begin (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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new text begin (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
new text end

new text begin (7) provide for the attendance of the state's commissioner to the counseling compact
commission meetings.
new text end

new text begin (c) Member states may charge a fee for granting the privilege to practice.
new text end

new text begin (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.
new text end

new text begin (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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new text begin (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.
new text end

new text begin ARTICLE III
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new text begin PRIVILEGE TO PRACTICE
new text end

new text begin (a) To exercise the privilege to practice under the terms and provisions of the compact,
the licensee shall:
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new text begin (1) hold a license in the home state;
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new text begin (2) have a valid United States Social Security number or national practitioner identifier;
new text end

new text begin (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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new text begin (4) have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years;
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new text begin (5) notify the commission that the licensee is seeking the privilege to practice within a
remote state(s);
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new text begin (6) pay any applicable fees, including any state fee, for the privilege to practice;
new text end

new text begin (7) meet any continuing competence or education requirements established by the home
state;
new text end

new text begin (8) meet any jurisprudence requirements established by the remote state in which the
licensee is seeking a privilege to practice; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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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new text begin (1) the home state license is no longer encumbered; and
new text end

new text begin (2) have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years.
new text end

new text begin (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.
new text end

new text begin (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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new text begin (1) the specific period of time for which the privilege to practice was removed has ended;
new text end

new text begin (2) all fines have been paid; and
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new text begin (3) have not had any encumbrance or restriction against any license or privilege to
practice within the previous two years.
new text end

new text begin (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.
new text end

new text begin ARTICLE IV
new text end

new text begin OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO
PRACTICE
new text end

new text begin (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.
new text end

new text begin (b) If a licensed professional counselor changes primary state of residence by moving
between two member states:
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new text begin (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;
new text end

new text begin (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 III via the data system, without need for
primary source verification, except for:
new text end

new text begin (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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new text begin (ii) other criminal background checks as required by the new home state; and
new text end

new text begin (iii) completion of any requisite jurisprudence requirements of the new home state;
new text end

new text begin (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;
new text end

new text begin (4) notwithstanding any other provision of this compact, if the licensed professional
counselor cannot meet the criteria in article V, the new home state may apply its requirements
for issuing a new single state license; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (e) Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single state license.
new text end

new text begin ARTICLE V
new text end

new text begin ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
new text end

new text begin 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 IV.
new text end

new text begin ARTICLE VI
new text end

new text begin COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
new text end

new text begin (a) Member states shall recognize the right of a licensed professional counselor, licensed
by a home state in accordance with article II 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.
new text end

new text begin (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.
new text end

new text begin ARTICLE VII
new text end

new text begin ADVERSE ACTIONS
new text end

new text begin (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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new text begin (1) take adverse action against a licensed professional counselor's privilege to practice
within that member state; and
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new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (g) Joint investigations:
new text end

new text begin (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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new text begin (2) member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the compact.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin ARTICLE VIII
new text end

new text begin ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
new text end

new text begin (a) The compact member states hereby create and establish a joint public agency known
as the counseling compact commission:
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new text begin (1) the commission is an instrumentality of the compact states;
new text end

new text begin (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
new text end

new text begin (3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin (b) Membership, voting, and meetings:
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new text begin (1) each member state shall have and be limited to one delegate selected by that member
state's licensing board;
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new text begin (2) the delegate shall be either:
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new text begin (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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new text begin (ii) an administrator of the licensing board;
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new text begin (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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new text begin (4) the member state licensing board shall fill any vacancy occurring on the commission
within 60 days;
new text end

new text begin (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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new text begin (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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new text begin (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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new text begin (8) the commission shall by rule establish a term of office for delegates and may by rule
establish term limits.
new text end

new text begin (c) The commission shall have the following powers and duties:
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new text begin (1) establish the fiscal year of the commission;
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new text begin (2) establish bylaws;
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new text begin (3) maintain its financial records in accordance with the bylaws;
new text end

new text begin (4) meet and take such actions as are consistent with the provisions of this compact and
the bylaws;
new text end

new text begin (5) promulgate rules which shall be binding to the extent and in the manner provided
for in the compact;
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new text begin (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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new text begin (7) purchase and maintain insurance and bonds;
new text end

new text begin (8) borrow, accept, or contract for services of personnel, including but not limited to
employees of a member state;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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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new text begin (12) sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
new text end

new text begin (13) establish a budget and make expenditures;
new text end

new text begin (14) borrow money;
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new text begin (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;
new text end

new text begin (16) provide and receive information from, and cooperate with, law enforcement agencies;
new text end

new text begin (17) establish and elect an executive committee; and
new text end

new text begin (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.
new text end

new text begin (d) The executive committee:
new text end

new text begin (1) The executive committee shall have the power to act on behalf of the commission
according to the terms of this compact;
new text end

new text begin (2) The executive committee shall be composed of up to eleven members:
new text end

new text begin (i) seven voting members who are elected by the commission from the current
membership of the commission;
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new text begin (ii) up to four ex-officio, nonvoting members from four recognized national professional
counselor organizations; and
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new text begin (iii) the ex-officio members will be selected by their respective organizations;
new text end

new text begin (3) The commission may remove any member of the executive committee as provided
in bylaws;
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new text begin (4) The executive committee shall meet at least annually; and
new text end

new text begin (5) The executive committee shall have the following duties and responsibilities:
new text end

new text begin (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;
new text end

new text begin (ii) ensure compact administration services are appropriately provided, contractual or
otherwise;
new text end

new text begin (iii) prepare and recommend the budget;
new text end

new text begin (iv) maintain financial records on behalf of the commission;
new text end

new text begin (v) monitor compact compliance of member states and provide compliance reports to
the commission;
new text end

new text begin (vi) establish additional committees as necessary; and
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new text begin (vii) other duties as provided in rules or bylaws.
new text end

new text begin (e) Meetings of the commission:
new text end

new text begin (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 X;
new text end

new text begin (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:
new text end

new text begin (i) non-compliance of a member state with its obligations under the compact;
new text end

new text begin (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;
new text end

new text begin (iii) current, threatened, or reasonably anticipated litigation;
new text end

new text begin (iv) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
new text end

new text begin (v) accusing any person of a crime or formally censuring any person;
new text end

new text begin (vi) disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
new text end

new text begin (vii) disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
new text end

new text begin (viii) disclosure of investigative records compiled for law enforcement purposes;
new text end

new text begin (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
new text end

new text begin (x) matters specifically exempted from disclosure by federal or member state statute;
new text end

new text begin (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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new text begin (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.
new text end

new text begin (f) Financing of the commission:
new text end

new text begin (i) the commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities;
new text end

new text begin (ii) the commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services;
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (g) Qualified immunity, defense, and indemnification:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin ARTICLE IX
new text end

new text begin DATA SYSTEM
new text end

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (1) identifying information;
new text end

new text begin (2) licensure data;
new text end

new text begin (3) adverse actions against a license or privilege to practice;
new text end

new text begin (4) nonconfidential information related to alternative program participation;
new text end

new text begin (5) any denial of application for licensure and the reason for such denial;
new text end

new text begin (6) current significant investigative information; and
new text end

new text begin (7) other information that may facilitate the administration of this compact, as determined
by the rules of the commission.
new text end

new text begin (c) Investigative information pertaining to a licensee in any member state will only be
available to other member states.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin ARTICLE X
new text end

new text begin RULEMAKING
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (d) Rules or amendments to the rules shall be adopted at a regular or special meeting of
the commission.
new text end

new text begin (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:
new text end

new text begin (1) on the website of the commission or other publicly accessible platform; and
new text end

new text begin (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.
new text end

new text begin (f) The notice of proposed rulemaking shall include:
new text end

new text begin (1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
new text end

new text begin (2) the text of the proposed rule or amendment and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (h) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
new text end

new text begin (1) at least 25 persons;
new text end

new text begin (2) a state or federal governmental subdivision or agency; or
new text end

new text begin (3) an association having at least 25 members.
new text end

new text begin (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:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (3) all hearings will be recorded. A copy of the recording will be made available on
request; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (1) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (2) prevent a loss of commission or member state funds;
new text end

new text begin (3) meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule; or
new text end

new text begin (4) protect public health and safety.
new text end

new text begin (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.
new text end

new text begin ARTICLE XI
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (a) Oversight:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (b) Default, technical assistance, and termination:
new text end

new text begin (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:
new text end

new text begin (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
new text end

new text begin (ii) provide remedial training and specific technical assistance regarding the default.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (h) Dispute resolution:
new text end

new text begin (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
new text end

new text begin (2) the commission shall promulgate a rule providing for both mediation and binding
dispute resolution for such disputes as appropriate.
new text end

new text begin (i) Enforcement:
new text end

new text begin (1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin ARTICLE XII
new text end

new text begin DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION
AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (c) Any member state may withdraw from this compact by enacting a statute repealing
the same.
new text end

new text begin (1) a member state's withdrawal shall not take effect until six months after enactment
of the repealing statute; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin ARTICLE XIII
new text end

new text begin CONSTRUCTION AND SEVERABILITY
new text end

new text begin 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.
new text end

new text begin ARTICLE XIV
new text end

new text begin BINDING EFFECT OF COMPACT AND OTHER LAWS
new text end

new text begin (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.
new text end

new text begin (b) Nothing herein prevents the enforcement of any other law of a member state that is
not inconsistent with the compact.
new text end

new text begin (c) Any laws in a member state in conflict with the compact are superseded to the extent
of the conflict.
new text end

new text begin (d) Any lawful actions of the commission, including all rules and bylaws properly
promulgated by the commission, are binding upon the member states.
new text end

new text begin (e) All permissible agreements between the commission and the member states are
binding in accordance with their terms.
new text end

new text begin (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.
new text end