Regular Session 2021-2022 House Bill 2852 P.N. 3522

PRINTER'S NO. 3522

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2852

Session of

2022

INTRODUCED BY O'MARA, McNEILL, MADDEN, HOHENSTEIN, ROZZI,

GUENST, SANCHEZ, DELLOSO, HOWARD, STURLA, HILL-EVANS, SAPPEY,

BRIGGS, CIRESI, KENYATTA, SHUSTERMAN AND ISAACSON,

SEPTEMBER 26, 2022

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,

SEPTEMBER 26, 2022

AN ACT

Authorizing the Commonwealth of Pennsylvania to join the

Counseling Compact; and providing for the form of the

compact.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Counseling

Compact Legislation Act.

Section 2. Authority to execute compact.

The Governor, on behalf of the Commonwealth, is hereby

authorized to execute a compact in substantially the following

form with any one or more of the states of the United States,

and the General Assembly hereby signifies in advance its

approval and ratification of such compact:

COUNSELING COMPACT MODEL LEGISLATION

SECTION 1: PURPOSE

The purpose of this Compact is to facilitate interstate practice

of Licensed Professional Counselors with the goal of improving

public access to Professional Counseling services. The practice

of Professional Counseling occurs in the State where the client

is located at the time of the counseling services. The Compact

preserves the regulatory authority of States to protect public

health and safety through the current system of State licensure.

This Compact is designed to achieve the following objectives:

A. Increase public access to Professional Counseling

services by providing for the mutual recognition of other Member

State licenses;

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

health and safety;

C. Encourage the cooperation of Member States in regulating

multistate practice for Licensed Professional Counselors;

D. Support spouses of relocating Active Duty Military

personnel;

E. Enhance the exchange of licensure, investigative, and

disciplinary information among Member States;

F. Allow for the use of Telehealth technology to facilitate

increased access to Professional Counseling services;

G. Support the uniformity of Professional Counseling

licensure requirements throughout the States to promote public

safety and public health benefits;

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

Licensed Professional Counselor accountable for meeting all

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

at the time care is rendered through the mutual recognition of

Member State licenses;

I. Eliminate the necessity for licenses in multiple States;

and

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J. Provide opportunities for interstate practice by Licensed

Professional Counselors who meet uniform licensure requirements.

SECTION 2. DEFINITIONS

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

following definitions shall apply:

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

active uniformed service of the United States, including members

of the National Guard and Reserve on active duty orders pursuant

to 10 U.S.C. Chapters 1209 and 1211.

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

equitable or criminal action permitted by a State's laws which

is imposed by a licensing board or other authority against a

Licensed Professional Counselor, including actions against an

individual's license or Privilege to Practice such as

revocation, suspension, probation, monitoring of the licensee,

limitation on the licensee's practice, or any other Encumbrance

on licensure affecting a Licensed Professional Counselor's

authorization to practice, including issuance of a cease and

desist action.

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

or practice remediation process approved by a Professional

Counseling Licensing Board to address Impaired Practitioners.

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

a condition of license renewal, to provide evidence of

participation in, and/or completion of, educational and

professional activities relevant to practice or area of work.

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

national administrative body whose membership consists of all

States that have enacted the Compact.

F. "Current Significant Investigative Information" means:

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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

2. Investigative Information that indicates that the

Licensed Professional Counselor represents an immediate

threat to public health and safety regardless of whether the

Licensed Professional Counselor has been notified and had an

opportunity to respond.

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

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

examination, licensure, investigative, Privilege to Practice and

Adverse Action information.

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

Action restricts the practice of licensed Professional

Counseling by the Licensee and said Adverse Action has been

reported to the National Practitioners Data Bank (NPDB).

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

limitation on, the full and unrestricted practice of Licensed

Professional Counseling by a Licensing Board.

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

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

to them by, the Commission.

K. "Home State" means the Member State that is the

Licensee's primary State of residence.

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

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

Licensed Professional Counselor without some type of

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

and drug dependence, mental health impairment, and neurological

or physical impairments.

M. "Investigative Information" means information, records,

and documents received or generated by a Professional Counseling

Licensing Board pursuant to an investigation.

N. "Jurisprudence Requirement" if required by a Member

State, means the assessment of an individual's knowledge of the

laws and Rules governing the practice of Professional Counseling

in a State.

O. "Licensed Professional Counselor" means a counselor

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

State, to independently assess, diagnose, and treat behavioral

health conditions.

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

authorization from the State to practice as a Licensed

Professional Counselor.

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

equivalent, that is responsible for the licensing and regulation

of Licensed Professional Counselors.

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

Compact.

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

which is equivalent to a license, permitting the practice of

Professional Counseling in a Remote State.

T. "Professional Counseling" means the assessment,

diagnosis, and treatment of behavioral health conditions by a

Licensed Professional Counselor.

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

State, where a Licensee is exercising or seeking to exercise the

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Privilege to Practice.

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

that has the force of law.

W. "Single State License" means a Licensed Professional

Counselor license issued by a Member State that authorizes

practice only within the issuing State and does not include a

Privilege to Practice in any other Member State.

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

territory of the United States of America that regulates the

practice of Professional Counseling.

Y. "Telehealth" means the application of telecommunication

technology to deliver Professional Counseling services remotely

to assess, diagnose, and treat behavioral health conditions.

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

Licensed Professional Counselor to engage in the full and

unrestricted practice of Professional Counseling.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

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

1. License and regulate Licensed Professional

Counselors;

2. Require Licensees to pass a nationally recognized

exam approved by the Commission;

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

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

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

the following topic areas:

a. Professional Counseling Orientation and Ethical

Practice;

b. Social and Cultural Diversity;

c. Human Growth and Development;

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d. Career Development;

e. Counseling and Helping Relationships;

f. Group Counseling and Group Work;

g. Diagnosis and Treatment; Assessment and Testing;

h. Research and Program Evaluation; and

i. Other areas as determined by the Commission.

4. Require Licensees to complete a supervised

postgraduate professional experience as defined by the

Commission;

5. Have a mechanism in place for receiving and

investigating complaints about Licensees.

B. A Member State shall:

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

including using the Commission's unique identifier as defined

in Rules;

2. Notify the Commission, in compliance with the terms

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

availability of Investigative Information regarding a

Licensee;

3. Implement or utilize procedures for considering the

criminal history records of applicants for an initial

Privilege to Practice. These procedures shall include the

submission of fingerprints or other biometric-based

information by applicants for the purpose of obtaining an

applicant's criminal history record information from the

Federal Bureau of Investigation and the agency responsible

for retaining that State's criminal records;

a. A member state must fully implement a criminal

background check requirement, within a time frame

established by rule, by receiving the results of the

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Federal Bureau of Investigation record search and shall

use the results in making licensure decisions.

b. Communication between a Member State, the

Commission and among Member States regarding the

verification of eligibility for licensure through the

Compact shall not include any information received from

the Federal Bureau of Investigation relating to a federal

criminal records check performed by a Member State under

Public Law 92-544.

4. Comply with the Rules of the Commission;

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

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

licensure or renewal of licensure, as well as all other

applicable State laws;

6. Grant the Privilege to Practice to a Licensee holding

a valid Unencumbered License in another Member State in

accordance with the terms of the Compact and Rules; and

7. Provide for the attendance of the State's

commissioner to the Counseling Compact Commission meetings.

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

to Practice.

D. Individuals not residing in a Member State shall continue

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

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

Single State License granted to these individuals shall not be

recognized as granting a Privilege to Practice Professional

Counseling in any other Member State.

E. Nothing in this Compact shall affect the requirements

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

License.

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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.

SECTION 4. PRIVILEGE TO PRACTICE

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

provisions of the Compact, the Licensee shall:

1. Hold a license in the Home State;

2. Have a valid United States Social Security Number or

National Practitioner Identifier;

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

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

4. Have not had any Encumbrance or restriction against

any license or Privilege to Practice within the previous two

(2) years;

5. Notify the Commission that the Licensee is seeking

the Privilege to Practice within a Remote State(s);

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

the Privilege to Practice;

7. Meet any Continuing Competence/Education requirements

established by the Home State;

8. Meet any Jurisprudence Requirements established by

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

Privilege to Practice; and

9. Report to the Commission any Adverse Action,

Encumbrance, or restriction on license taken by any non-

Member State within 30 days from the date the action is

taken.

B. The Privilege to Practice is valid until the expiration

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date of the Home State license. The Licensee must comply with

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

Practice in the Remote State.

C. A Licensee providing Professional Counseling in a Remote

State under the Privilege to Practice shall adhere to the laws

and regulations of the Remote State.

D. A Licensee providing Professional Counseling services in

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

A Remote State may, in accordance with due process and that

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

Remote State for a specific period of time, impose fines, and/or

take any other necessary actions to protect the health and

safety of its citizens. The Licensee may be ineligible for a

Privilege to Practice in any Member State until the specific

time for removal has passed and all fines are paid.

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

lose the Privilege to Practice in any Remote State until the

following occur:

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

2. Have not had any Encumbrance or restriction against

any license or Privilege to Practice within the previous two

(2) years.

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

to good standing, the Licensee must meet the requirements of

Section 4(A) to obtain a Privilege to Practice in any Remote

State.

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

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

all other Remote States until the following occur:

1. The specific period of time for which the Privilege

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to Practice was removed has ended;

2. All fines have been paid; and

3. Have not had any Encumbrance or restriction against

any license or Privilege to Practice within the previous two

(2) years.

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

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

Privilege to Practice in a Remote State.

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

PRIVILEGE TO PRACTICE

A. A Licensed Professional Counselor may hold a Home State

license, which allows for a Privilege to Practice in other

Member States, in only one Member State at a time.

B. If a Licensed Professional Counselor changes primary

State of residence by moving between two Member States:

1. The Licensed Professional Counselor shall file an

application for obtaining a new Home State license based on a

Privilege to Practice, pay all applicable fees, and notify

the current and new Home State in accordance with applicable

Rules adopted by the Commission.

2. Upon receipt of an application for obtaining a new

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

new Home State shall verify that the Licensed Professional

Counselor meets the pertinent criteria outlined in Section 4

via the Data System, without need for primary source

verification except for:

a. a Federal Bureau of Investigation fingerprint

based criminal background check if not previously

performed or updated pursuant to applicable rules adopted

by the Commission in accordance with Public Law 92-544;

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b. other criminal background check as required by

the new Home State; and

c. completion of any requisite Jurisprudence

Requirements of the new Home State.

3. The former Home State shall convert the former Home

State license into a Privilege to Practice once the new Home

State has activated the new Home State license in accordance

with applicable Rules adopted by the Commission.

4. Notwithstanding any other provision of this Compact,

if the Licensed Professional Counselor cannot meet the

criteria in Section 4, the new Home State may apply its

requirements for issuing a new Single State License.

5. The Licensed Professional Counselor shall pay all

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

new Home State license.

C. If a Licensed Professional Counselor changes Primary

State of Residence by moving from a Member State to a non-Member

State, or from a non-Member State to a Member State, the State

criteria shall apply for issuance of a Single State License in

the new State.

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

ability to hold a Single State License in multiple States,

however for the purposes of this Compact, a Licensee shall have

only one Home State license.

E. Nothing in this Compact shall affect the requirements

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

License.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active Duty Military personnel, or their spouse, shall

designate a Home State where the individual has a current

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license in good standing. The individual may retain the Home

State designation during the period the service member is on

active duty. Subsequent to designating a Home State, the

individual shall only change their Home State through

application for licensure in the new State, or through the

process outlined in Section 5.

SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

A. Member States shall recognize the right of a Licensed

Professional Counselor, licensed by a Home State in accordance

with Section 3 and under Rules promulgated by the Commission, to

practice Professional Counseling in any Member State via

Telehealth under a Privilege to Practice as provided in the

Compact and Rules promulgated by the Commission.

B. A Licensee providing Professional Counseling services in

a Remote State under the Privilege to Practice shall adhere to

the laws and regulations of the Remote State.

SECTION 8. ADVERSE ACTIONS

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

Remote State shall have the authority, in accordance with

existing State due process law, to:

1. Take Adverse Action against a Licensed Professional

Counselor's Privilege to Practice within that Member State,

and

2. Issue subpoenas for both hearings and investigations

that require the attendance and testimony of witnesses as

well as the production of evidence. Subpoenas issued by a

Licensing Board in a Member State for the attendance and

testimony of witnesses or the production of evidence from

another Member State shall be enforced in the latter State by

any court of competent jurisdiction, according to the

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practice and procedure of that court applicable to subpoenas

issued in proceedings pending before it. The issuing

authority shall pay any witness fees, travel expenses,

mileage, and other fees required by the service statutes of

the State in which the witnesses or evidence are located.

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

Adverse Action against a Licensed Professional Counselor's

license issued by the Home State.

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

shall give the same priority and effect to reported conduct

received from a Member State as it would if the conduct had

occurred within the Home State. In so doing, the Home State

shall apply its own State laws to determine appropriate action.

C. The Home State shall complete any pending investigations

of a Licensed Professional Counselor who changes primary State

of residence during the course of the investigations. The Home

State shall also have the authority to take appropriate

action(s) and shall promptly report the conclusions of the

investigations to the administrator of the Data System. The

administrator of the coordinated licensure information system

shall promptly notify the new Home State of any Adverse Actions.

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

recover from the affected Licensed Professional Counselor the

costs of investigations and dispositions of cases resulting from

any Adverse Action taken against that Licensed Professional

Counselor.

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

factual findings of the Remote State, provided that the Member

State follows its own procedures for taking the Adverse Action.

F. Joint Investigations:

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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.

2. Member States shall share any investigative,

litigation, or compliance materials in furtherance of any

joint or individual investigation initiated under the

Compact.

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

license of a Licensed Professional Counselor, the Licensed

Professional Counselor's Privilege to Practice in all other

Member States shall be deactivated until all Encumbrances have

been removed from the State license. All Home State disciplinary

orders that impose Adverse Action against the license of a

Licensed Professional Counselor shall include a Statement that

the Licensed Professional Counselor's Privilege to Practice is

deactivated in all Member States during the pendency of the

order.

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

notify the administrator of the Data System. The administrator

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

Adverse Actions by Remote States.

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

decision that participation in an Alternative Program may be

used in lieu of Adverse Action.

SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION

A. The Compact Member States hereby create and establish a

joint public agency known as the Counseling Compact Commission:

1. The Commission is an instrumentality of the Compact

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States.

2. Venue is proper and judicial proceedings by or

against the Commission shall be brought solely and

exclusively in a court of competent jurisdiction where the

principal office of the Commission is located. The Commission

may waive venue and jurisdictional defenses to the extent it

adopts or consents to participate in alternative dispute

resolution proceedings.

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

waiver of sovereign immunity.

B. Membership, Voting, and Meetings

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

(1) delegate selected by that Member State's Licensing Board.

2. The delegate shall be either:

a. A current member of the Licensing Board at the

time of appointment, who is a Licensed Professional

Counselor or public member; or

b. An administrator of the Licensing Board.

3. Any delegate may be removed or suspended from office

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

is appointed.

4. The Member State Licensing Board shall fill any

vacancy occurring on the Commission within 60 days.

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

regard to the promulgation of Rules and creation of bylaws

and shall otherwise have an opportunity to participate in the

business and affairs of the Commission.

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

means as provided in the bylaws. The bylaws may provide for

delegates' participation in meetings by telephone or other

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means of communication.

7. The Commission shall meet at least once during each

calendar year. Additional meetings shall be held as set forth

in the bylaws.

8. The Commission shall by Rule establish a term of

office for delegates and may by Rule establish term limits.

C. The Commission shall have the following powers and

duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Maintain its financial records in accordance with the

bylaws;

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

provisions of this Compact and the bylaws;

5. Promulgate Rules which shall be binding to the extent

and in the manner provided for in the Compact;

6. Bring and prosecute legal proceedings or actions in

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

State Licensing Board to sue or be sued under applicable law

shall not be affected;

7. Purchase and maintain insurance and bonds;

8. Borrow, accept, or contract for services of

personnel, including, but not limited to, employees of a

Member State;

9. Hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals

appropriate authority to carry out the purposes of the

Compact, and establish the Commission's personnel policies

and programs relating to conflicts of interest,

qualifications of personnel, and other related personnel

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matters;

10. Accept any and all appropriate donations and grants

of money, equipment, supplies, materials, and services, and

to receive, utilize, and dispose of the same; provided that

at all times the Commission shall avoid any appearance of

impropriety and/or conflict of interest;

11. Lease, purchase, accept appropriate gifts or

donations of, or otherwise to own, hold, improve or use, any

property, real, personal or mixed; provided that at all times

the Commission shall avoid any appearance of impropriety;

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

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

or mixed;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees

composed of members, State regulators, State legislators or

their representatives, and consumer representatives, and such

other interested persons as may be designated in this Compact

and the bylaws;

16. Provide and receive information from, and cooperate

with, law enforcement agencies;

17. Establish and elect an Executive Committee; and

18. Perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact

consistent with the State regulation of Professional

Counseling licensure and practice.

D. The Executive Committee

1. The Executive Committee shall have the power to act

on behalf of the Commission according to the terms of this

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Compact.

2. The Executive Committee shall be composed of up to

eleven (11) members:

a. Seven voting members who are elected by the

Commission from the current membership of the Commission;

and

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

four (4) recognized national professional counselor

organizations.

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

respective organizations.

3. The Commission may remove any member of the Executive

Committee as provided in bylaws.

4. The Executive Committee shall meet at least annually.

5. The Executive Committee shall have the following

duties and responsibilities:

a. Recommend to the entire Commission changes to the

Rules or bylaws, changes to this Compact legislation,

fees paid by Compact Member States such as annual dues,

and any Commission Compact fee charged to Licensees for

the Privilege to Practice;

b. Ensure Compact administration services are

appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the

Commission;

e. Monitor Compact compliance of Member States and

provide compliance reports to the Commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in Rules or bylaws.

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E. Meetings of the Commission

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

notice of meetings shall be given in the same manner as

required under the Rulemaking provisions in Section 11.

2. The Commission or the Executive Committee or other

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

public meeting if the Commission or Executive Committee or

other committees of the Commission must discuss:

a. Non-compliance of a Member State with its

obligations under the Compact;

b. The employment, compensation, discipline or other

matters, practices or procedures related to specific

employees or other matters related to the Commission's

internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated

litigation;

d. Negotiation of contracts for the purchase, lease,

or sale of goods, services, or real estate;

e. Accusing any person of a crime or formally

censuring any person;

f. Disclosure of trade secrets or commercial or

financial information that is privileged or confidential;

g. Disclosure of information of a personal nature

where disclosure would constitute a clearly unwarranted

invasion of personal privacy;

h. Disclosure of investigative records compiled for

law enforcement purposes;

i. Disclosure of information related to any

investigative reports prepared by or on behalf of or for

use of the Commission or other committee charged with

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responsibility of investigation or determination of

compliance issues pursuant to the Compact; or

j. Matters specifically exempted from disclosure by

federal or Member State statute.

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

pursuant to this provision, the Commission's legal counsel or

designee shall certify that the meeting may be closed and

shall reference each relevant exempting provision.

4. The Commission shall keep minutes that fully and

clearly describe all matters discussed in a meeting and shall

provide a full and accurate summary of actions taken, and the

reasons therefore, including a description of the views

expressed. All documents considered in connection with an

action shall be identified in such minutes. All minutes and

documents of a closed meeting shall remain under seal,

subject to release by a majority vote of the Commission or

order of a court of competent jurisdiction.

F. Financing of the Commission

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

of, the reasonable expenses of its establishment,

organization, and ongoing activities.

2. The Commission may accept any and all appropriate

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

supplies, materials, and services.

3. The Commission may levy on and collect an annual

assessment from each Member State or impose fees on other

parties to cover the cost of the operations and activities of

the Commission and its staff, which must be in a total amount

sufficient to cover its annual budget as approved each year

for which revenue is not provided by other sources. The

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aggregate annual assessment amount shall be allocated based

upon a formula to be determined by the Commission, which

shall promulgate a Rule binding upon all Member States.

4. The Commission shall not incur obligations of any

kind prior to securing the funds adequate to meet the same;

nor shall the Commission pledge the credit of any of the

Member States, except by and with the authority of the Member

State.

5. The Commission shall keep accurate accounts of all

receipts and disbursements. The receipts and disbursements of

the Commission shall be subject to the audit and accounting

procedures established under its bylaws. However, all

receipts and disbursements of funds handled by the Commission

shall be audited yearly by a certified or licensed public

accountant, and the report of the audit shall be included in

and become part of the annual report of the Commission.

G. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees

and representatives of the Commission shall be immune from

suit and liability, either personally or in their official

capacity, for any claim for damage to or loss of property or

personal injury or other civil liability caused by or arising

out of any actual or alleged act, error or omission that

occurred, or that the person against whom the claim is made

had a reasonable basis for believing occurred within the

scope of Commission employment, duties or responsibilities;

provided that nothing in this paragraph shall be construed to

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

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

or willful or wanton misconduct of that person.

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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.

3. The Commission shall indemnify and hold harmless any

member, officer, executive director, employee, or

representative of the Commission for the amount of any

settlement or judgment obtained against that person arising

out of any actual or alleged act, error, or omission that

occurred within the scope of Commission employment, duties,

or responsibilities, or that such person had a reasonable

basis for believing occurred within the scope of Commission

employment, duties, or responsibilities, provided that the

actual or alleged act, error, or omission did not result from

the intentional or willful or wanton misconduct of that

person.

SECTION 10. DATA SYSTEM

A. The Commission shall provide for the development,

maintenance, operation, and utilization of a coordinated

database and reporting system containing licensure, Adverse

Action, and Investigative Information on all licensed

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individuals in Member States.

B. Notwithstanding any other provision of State law to the

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

Data System on all individuals to whom this Compact is

applicable as required by the Rules of the Commission,

including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a license or Privilege to

Practice;

4. Non-confidential information related to Alternative

Program participation;

5. Any denial of application for licensure, and the

reason(s) for such denial;

6. Current Significant Investigative Information; and

7. Other information that may facilitate the

administration of this Compact, as determined by the Rules of

the Commission.

C. Investigative Information pertaining to a Licensee in any

Member State will only be available to other Member States.

D. The Commission shall promptly notify all Member States of

any Adverse Action taken against a Licensee or an individual

applying for a license. Adverse Action information pertaining to

a Licensee in any Member State will be available to any other

Member State.

E. Member States contributing information to the Data System

may designate information that may not be shared with the public

without the express permission of the contributing State.

F. Any information submitted to the Data System that is

subsequently required to be expunged by the laws of the Member

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State contributing the information shall be removed from the

Data System.

SECTION 11. RULEMAKING

A. The Commission shall promulgate reasonable Rules in order

to effectively and efficiently achieve the purpose of the

Compact. Notwithstanding the foregoing, in the event the

Commission exercises its Rulemaking authority in a manner that

is beyond the scope of the purposes of the Compact, or the

powers granted hereunder, then such an action by the Commission

shall be invalid and have no force or effect.

B. The Commission shall exercise its Rulemaking powers

pursuant to the criteria set forth in this Section and the Rules

adopted thereunder. Rules and amendments shall become binding as

of the date specified in each Rule or amendment.

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

rejects a Rule, by enactment of a statute or resolution in the

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

the date of adoption of the Rule, then such Rule shall have no

further force and effect in any Member State.

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

regular or special meeting of the Commission.

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

Rules by the Commission, and at least thirty (30) days in

advance of the meeting at which the Rule will be considered and

voted upon, the Commission shall file a Notice of Proposed

Rulemaking:

1. On the website of the Commission or other publicly

accessible platform; and

2. On the website of each Member State Professional

Counseling Licensing Board or other publicly accessible

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platform or the publication in which each State would

otherwise publish proposed Rules.

F. The Notice of Proposed Rulemaking shall include:

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

in which the Rule will be considered and voted upon;

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

reason for the proposed Rule;

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

interested person; and

4. The manner in which interested persons may submit

notice to the Commission of their intention to attend the

public hearing and any written comments.

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

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

arguments, which shall be made available to the public.

H. The Commission shall grant an opportunity for a public

hearing before it adopts a Rule or amendment if a hearing is

requested by:

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

2. A State or federal governmental subdivision or

agency; or

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

members.

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

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

scheduled public hearing. If the hearing is held via electronic

means, the Commission shall publish the mechanism for access to

the electronic hearing.

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

notify the executive director of the Commission or other

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designated member in writing of their desire to appear and

testify at the hearing not less than five (5) business days

before the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing

each person who wishes to comment a fair and reasonable

opportunity to comment orally or in writing.

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

recording will be made available on request.

4. Nothing in this section shall be construed as

requiring a separate hearing on each Rule. Rules may be

grouped for the convenience of the Commission at hearings

required by this section.

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

business on the scheduled hearing date if the hearing was not

held, the Commission shall consider all written and oral

comments received.

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

hearing by interested parties is received, the Commission may

proceed with promulgation of the proposed Rule without a public

hearing.

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

take final action on the proposed Rule and shall determine the

effective date of the Rule, if any, based on the Rulemaking

record and the full text of the Rule.

M. Upon determination that an emergency exists, the

Commission may consider and adopt an emergency Rule without

prior notice, opportunity for comment, or hearing, provided that

the usual Rulemaking procedures provided in the Compact and in

this section shall be retroactively applied to the Rule as soon

as reasonably possible, in no event later than ninety (90) days

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after the effective date of the Rule. For the purposes of this

provision, an emergency Rule is one that must be adopted

immediately in order to:

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

welfare;

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

3. Meet a deadline for the promulgation of an

administrative Rule that is established by federal law or

Rule; or

4. Protect public health and safety.

N. The Commission or an authorized committee of the

Commission may direct revisions to a previously adopted Rule or

amendment for purposes of correcting typographical errors,

errors in format, errors in consistency, or grammatical errors.

Public notice of any revisions shall be posted on the website of

the Commission. The revision shall be subject to challenge by

any person for a period of thirty (30) days after posting. The

revision may be challenged only on grounds that the revision

results in a material change to a Rule. A challenge shall be

made in writing and delivered to the chair of the Commission

prior to the end of the notice period. If no challenge is made,

the revision will take effect without further action. If the

revision is challenged, the revision may not take effect without

the approval of the Commission.

SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive, legislative, and judicial branches of

State government in each Member State shall enforce this

Compact and take all actions necessary and appropriate to

effectuate the Compact's purposes and intent. The provisions

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of this Compact and the Rules promulgated hereunder shall

have standing as statutory law.

2. All courts shall take judicial notice of the Compact

and the Rules in any judicial or administrative proceeding in

a Member State pertaining to the subject matter of this

Compact which may affect the powers, responsibilities, or

actions of the Commission.

3. The Commission shall be entitled to receive service

of process in any such proceeding and shall have standing to

intervene in such a proceeding for all purposes. Failure to

provide service of process to the Commission shall render a

judgment or order void as to the Commission, this Compact, or

promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has

defaulted in the performance of its obligations or

responsibilities under this Compact or the promulgated Rules,

the Commission shall:

a. Provide written notice to the defaulting State

and other Member States of the nature of the default, the

proposed means of curing the default and/or any other

action to be taken by the Commission; and

b. Provide remedial training and specific technical

assistance regarding the default.

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

defaulting State may be terminated from the Compact upon an

affirmative vote of a majority of the Member States, and all

rights, privileges and benefits conferred by this Compact may be

terminated on the effective date of termination. A cure of the

default does not relieve the offending State of obligations or

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liabilities incurred during the period of default.

D. Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to suspend or terminate shall be

given by the Commission to the governor, the majority and

minority leaders of the defaulting State's legislature, and each

of the Member States.

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

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

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

State that is found to be in default or that has been terminated

from the Compact, unless agreed upon in writing between the

Commission and the defaulting State.

G. The defaulting State may appeal the action of the

Commission by petitioning the U.S. District Court for the

District of Columbia or the federal district where the

Commission has its principal offices. The prevailing member

shall be awarded all costs of such litigation, including

reasonable attorney's fees.

H. Dispute Resolution

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

attempt to resolve disputes related to the Compact that arise

among Member States and between member and non-Member States.

2. The Commission shall promulgate a Rule providing for

both mediation and binding dispute resolution for disputes as

appropriate.

I. Enforcement

1. The Commission, in the reasonable exercise of its

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discretion, shall enforce the provisions and Rules of this

Compact.

2. By majority vote, the Commission may initiate legal

action in the United States District Court for the District

of Columbia or the federal district where the Commission has

its principal offices against a Member State in default to

enforce compliance with the provisions of the Compact and its

promulgated Rules and bylaws. The relief sought may include

both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing member shall be

awarded all costs of such litigation, including reasonable

attorney's fees.

3. The remedies herein shall not be the exclusive

remedies of the Commission. The Commission may pursue any

other remedies available under federal or State law.

SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT

COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

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

the Compact statute is enacted into law in the tenth Member

State. The provisions, which become effective at that time,

shall be limited to the powers granted to the Commission

relating to assembly and the promulgation of Rules. Thereafter,

the Commission shall meet and exercise Rulemaking powers

necessary to the implementation and administration of the

Compact.

B. Any State that joins the Compact subsequent to the

Commission's initial adoption of the Rules shall be subject to

the Rules as they exist on the date on which the Compact becomes

law in that State. Any Rule that has been previously adopted by

the Commission shall have the full force and effect of law on

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the day the Compact becomes law in that State.

C. Any Member State may withdraw from this Compact by

enacting a statute repealing the same.

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

until six (6) months after enactment of the repealing

statute.

2. Withdrawal shall not affect the continuing

requirement of the withdrawing State's Professional

Counseling Licensing Board to comply with the investigative

and Adverse Action reporting requirements of this act prior

to the effective date of withdrawal.

D. Nothing contained in this Compact shall be construed to

invalidate or prevent any Professional Counseling licensure

agreement or other cooperative arrangement between a Member

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

provisions of this Compact.

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

amendment to this Compact shall become effective and binding

upon any Member State until it is enacted into the laws of all

Member States.

SECTION 14. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate

the purposes thereof. The provisions of this Compact shall be

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

this Compact is declared to be contrary to the constitution of

any Member State or of the United States or the applicability

thereof to any government, agency, person or circumstance is

held invalid, the validity of the remainder of this Compact and

the applicability thereof to any government, agency, person or

circumstance shall not be affected thereby. If this Compact

20220HB2852PN3522 - 32 -

shall be held contrary to the constitution of any Member State,

the Compact shall remain in full force and effect as to the

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

Member State affected as to all severable matters.

SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS

A. A Licensee providing Professional Counseling services in

a Remote State under the Privilege to Practice shall adhere to

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

Remote State.

B. Nothing herein prevents the enforcement of any other law

of a Member State that is not inconsistent with the Compact.

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

are superseded to the extent of the conflict.

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

and bylaws properly promulgated by the Commission, are binding

upon the Member States.

E. All permissible agreements between the Commission and the

Member States are binding in accordance with their terms.

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

constitutional limits imposed on the legislature of any Member

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

conflict with the constitutional provision in question in that

Member State.

Section 3. Effective date.

This act shall take effect in 60 days.

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