Bill Text: IA HF90 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act establishing the professional counselors licensure compact.(See HF 494, HF 671.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-11 - Withdrawn. H.J. 805. [HF90 Detail]
Download: Iowa-2023-HF90-Introduced.html
House
File
90
-
Introduced
HOUSE
FILE
90
BY
JONES
A
BILL
FOR
An
Act
establishing
the
professional
counselors
licensure
1
compact.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
147G.1
Professional
counselors
1
licensure
compact.
2
1.
Purpose
.
The
purpose
of
this
compact
is
to
facilitate
3
the
interstate
practice
of
licensed
professional
counselors
4
with
the
goal
of
improving
public
access
to
professional
5
counseling
services.
The
practice
of
professional
counseling
6
occurs
in
the
state
where
the
client
is
located
at
the
time
of
7
the
counseling
services.
The
compact
preserves
the
regulatory
8
authority
of
states
to
protect
public
health
and
safety
9
through
the
current
system
of
state
licensure.
This
compact
is
10
designed
to
achieve
the
following
objectives:
11
a.
Increase
public
access
to
professional
counseling
12
services
by
providing
for
the
mutual
recognition
of
other
13
member
state
licenses.
14
b.
Enhance
the
states’
ability
to
protect
the
public’s
15
health
and
safety.
16
c.
Encourage
the
cooperation
of
member
states
in
regulating
17
multistate
practice
for
licensed
professional
counselors.
18
d.
Support
spouses
of
relocating
active
duty
military
19
personnel.
20
e.
Enhance
the
exchange
of
licensure,
investigative,
and
21
disciplinary
information
among
member
states.
22
f.
Allow
for
the
use
of
telehealth
technology
to
facilitate
23
increased
access
to
professional
counseling
services.
24
g.
Support
the
uniformity
of
professional
counseling
25
licensure
requirements
throughout
the
states
to
promote
public
26
safety
and
public
health
benefits.
27
h.
Invest
all
member
states
with
the
authority
to
hold
a
28
licensed
professional
counselor
accountable
for
meeting
all
29
state
practice
laws
in
the
state
in
which
the
client
is
located
30
at
the
time
care
is
rendered
through
the
mutual
recognition
of
31
member
state
licenses.
32
i.
Eliminate
the
necessity
for
licenses
in
multiple
states.
33
j.
Provide
opportunities
for
interstate
practice
by
34
licensed
professional
counselors
who
meet
uniform
licensure
35
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requirements.
1
2.
Definitions.
As
used
in
this
compact,
and
except
as
2
otherwise
provided:
3
a.
“Active
duty
military”
means
full-time
duty
status
in
4
the
active
uniformed
service
of
the
United
States,
including
5
members
of
the
national
guard
and
reserves
on
active
duty
6
orders
pursuant
to
10
U.S.C.
§1209
and
10
U.S.C.
§1211.
7
b.
“Adverse
action”
means
any
administrative,
civil,
8
equitable,
or
criminal
action
permitted
by
a
state’s
laws
which
9
is
imposed
by
a
licensing
board
or
other
authority
against
a
10
licensed
professional
counselor,
including
actions
against
11
an
individual’s
license
or
privilege
to
practice
such
as
12
revocation,
suspension,
probation,
monitoring
of
the
licensee,
13
limitation
on
the
licensee’s
practice,
or
any
other
encumbrance
14
on
licensure
affecting
a
licensed
professional
counselor’s
15
authorization
to
practice,
including
issuance
of
a
cease
and
16
desist
action.
17
c.
“Alternative
program”
means
a
nondisciplinary
monitoring
18
or
practice
remediation
process
approved
by
a
professional
19
counseling
licensing
board
to
address
impaired
practitioners.
20
d.
“Continuing
competence”
or
“continuing
education”
means
21
a
requirement,
as
a
condition
of
license
renewal,
to
provide
22
evidence
of
participation
in,
or
completion
of,
educational
and
23
professional
activities
relevant
to
practice
or
area
of
work.
24
e.
“Counseling
compact
commission”
or
“commission”
means
the
25
national
administrative
body
whose
membership
consists
of
all
26
states
that
have
enacted
the
compact.
27
f.
“Current
significant
investigative
information”
means
all
28
of
the
following:
29
(1)
Investigative
information
that
a
licensing
board,
30
after
a
preliminary
inquiry
that
includes
notification
and
31
an
opportunity
for
the
licensed
professional
counselor
to
32
respond,
if
required
by
state
law,
has
reason
to
believe
is
33
not
groundless
and,
if
proved
true,
would
indicate
more
than
a
34
minor
infraction.
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(2)
Investigative
information
that
indicates
that
the
1
licensed
professional
counselor
represents
an
immediate
threat
2
to
public
health
and
safety
regardless
of
whether
the
licensed
3
professional
counselor
has
been
notified
and
had
an
opportunity
4
to
respond.
5
g.
“Data
system”
means
a
repository
of
information
about
6
licensees,
including
but
not
limited
to
continuing
education,
7
examination,
licensure,
investigative,
privilege
to
practice,
8
and
adverse
action
information.
9
h.
“Encumbered
license”
means
a
license
in
which
an
10
adverse
action
restricts
the
practice
of
licensed
professional
11
counseling
by
the
licensee
and
said
adverse
action
has
been
12
reported
to
the
national
practitioners
data
bank.
13
i.
“Encumbrance”
means
a
revocation
or
suspension
of,
or
any
14
limitation
on,
the
full
and
unrestricted
practice
of
licensed
15
professional
counseling
by
a
licensing
board.
16
j.
“Executive
committee”
means
a
group
of
directors
elected
17
or
appointed
to
act
on
behalf
of,
and
within
the
powers
granted
18
to
them
by,
the
commission.
19
k.
“Home
state”
means
the
member
state
that
is
the
20
licensee’s
primary
state
of
residence.
21
l.
“Impaired
practitioner”
means
an
individual
who
has
a
22
condition
that
may
impair
the
individual’s
ability
to
practice
23
as
a
licensed
professional
counselor
without
some
type
of
24
intervention
and
may
include
but
is
not
limited
to
alcohol
and
25
drug
dependence,
mental
health
impairment,
and
neurological
or
26
physical
impairments.
27
m.
“Investigative
information”
means
information,
records,
28
and
documents
received
or
generated
by
a
professional
29
counseling
licensing
board
pursuant
to
an
investigation.
30
n.
“Jurisprudence
requirement”
,
if
required
by
a
member
31
state,
means
the
assessment
of
an
individual’s
knowledge
of
32
the
laws
and
rules
governing
the
practice
of
professional
33
counseling
in
a
state.
34
o.
“Licensed
professional
counselor”
means
a
counselor
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licensed
by
a
member
state,
regardless
of
the
title
used
by
1
that
state,
to
independently
assess,
diagnose,
and
treat
2
behavioral
health
conditions.
3
p.
“Licensee”
means
an
individual
who
currently
holds
4
an
authorization
from
the
state
to
practice
as
a
licensed
5
professional
counselor.
6
q.
“Licensing
board”
means
the
agency
of
a
state,
or
7
equivalent,
that
is
responsible
for
the
licensing
and
8
regulation
of
licensed
professional
counselors.
9
r.
“Member
state”
means
a
state
that
has
enacted
the
10
compact.
11
s.
“Privilege
to
practice”
means
a
legal
authorization,
12
which
is
equivalent
to
a
license,
permitting
the
practice
of
13
professional
counseling
in
a
remote
state.
14
t.
“Professional
counseling”
means
the
assessment,
15
diagnosis,
and
treatment
of
behavioral
health
conditions
by
a
16
licensed
professional
counselor.
17
u.
“Remote
state”
means
a
member
state
other
than
the
home
18
state,
where
a
licensee
is
exercising
or
seeking
to
exercise
19
the
privilege
to
practice.
20
v.
“Rule”
means
a
regulation
promulgated
by
the
commission
21
that
has
the
force
of
law.
22
w.
“Single-state
license”
means
a
licensed
professional
23
counselor
license
issued
by
a
member
state
that
authorizes
24
practice
only
within
the
issuing
state
and
does
not
include
a
25
privilege
to
practice
in
any
other
member
state.
26
x.
“State”
means
any
state,
commonwealth,
district,
or
27
territory
of
the
United
States
that
regulates
the
practice
of
28
professional
counseling.
29
y.
“Telehealth”
means
the
application
of
telecommunication
30
technology
to
deliver
professional
counseling
services
remotely
31
to
assess,
diagnose,
and
treat
behavioral
health
conditions.
32
z.
“Unencumbered
license”
means
a
license
that
authorizes
33
a
licensed
professional
counselor
to
engage
in
the
full
and
34
unrestricted
practice
of
professional
counseling.
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3.
State
participation
in
the
compact.
1
a.
To
participate
in
the
compact,
a
state
must
currently
do
2
all
of
the
following:
3
(1)
License
and
regulate
licensed
professional
counselors.
4
(2)
Require
a
licensee
to
pass
a
nationally
recognized
exam
5
approved
by
the
commission.
6
(3)
Require
a
licensee
to
have
a
sixty
semester-hour
or
7
ninety
quarter-hour
master’s
degree
in
counseling
or
sixty
8
semester-hours
or
ninety
quarter-hours
of
graduate
course
work
9
including
the
following
topic
areas:
10
(a)
Professional
counseling
orientation
and
ethical
11
practice.
12
(b)
Social
and
cultural
diversity.
13
(c)
Human
growth
and
development.
14
(d)
Career
development.
15
(e)
Counseling
and
helping
relationships.
16
(f)
Group
counseling
and
group
work.
17
(g)
Diagnosis,
treatment,
assessment,
and
testing.
18
(h)
Research
and
program
evaluation.
19
(i)
Other
areas
as
determined
by
the
commission.
20
(4)
Require
a
licensee
to
complete
a
supervised
21
postgraduate
professional
experience
as
defined
by
the
22
commission.
23
(5)
Have
a
mechanism
in
place
for
receiving
and
24
investigating
complaints
about
licensees.
25
b.
A
member
state
shall
do
all
of
the
following:
26
(1)
Participate
fully
in
the
commission’s
data
system,
27
including
using
the
commission’s
unique
identifier
as
defined
28
in
rules.
29
(2)
Notify
the
commission,
in
compliance
with
the
terms
30
of
the
compact
and
rules,
of
any
adverse
action
or
the
31
availability
of
investigative
information
regarding
a
licensee.
32
(3)
Implement
or
utilize
procedures
for
considering
the
33
criminal
history
records
of
applicants
for
an
initial
privilege
34
to
practice.
These
procedures
shall
include
the
submission
of
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fingerprints
or
other
biometric-based
information
by
applicants
1
for
the
purpose
of
obtaining
an
applicant’s
criminal
history
2
record
information
from
the
federal
bureau
of
investigation
3
and
the
agency
responsible
for
retaining
that
state’s
criminal
4
records.
5
(a)
A
member
state
must
fully
implement
a
criminal
6
background
check
requirement,
within
a
time
frame
established
7
by
rule,
by
receiving
the
results
of
the
federal
bureau
of
8
investigation
record
search
and
shall
use
the
results
in
making
9
licensure
decisions.
10
(b)
Communication
between
a
member
state,
the
commission,
11
and
among
member
states
regarding
the
verification
of
12
eligibility
for
licensure
through
the
compact
shall
not
13
include
any
information
received
from
the
federal
bureau
of
14
investigation
relating
to
a
federal
criminal
records
check
15
performed
by
a
member
state
under
Pub.
L.
No.
92-544.
16
(4)
Comply
with
the
rules
of
the
commission.
17
(5)
Require
an
applicant
to
obtain
or
retain
a
license
18
in
the
home
state
and
meet
the
home
state’s
qualifications
19
for
licensure
or
renewal
of
licensure,
as
well
as
all
other
20
applicable
state
laws.
21
(6)
Grant
the
privilege
to
practice
to
a
licensee
holding
22
a
valid
unencumbered
license
in
another
member
state
in
23
accordance
with
the
terms
of
the
compact
and
rules.
24
(7)
Provide
for
the
attendance
of
the
state’s
commissioner
25
at
commission
meetings.
26
c.
A
member
state
may
charge
a
fee
for
granting
the
27
privilege
to
practice.
28
d.
An
individual
not
residing
in
a
member
state
shall
29
continue
to
be
able
to
apply
for
a
member
state’s
single-state
30
license
as
provided
under
the
laws
of
each
member
state.
31
However,
the
single-state
license
granted
to
these
individuals
32
shall
not
be
recognized
as
granting
a
privilege
to
practice
33
professional
counseling
in
any
other
member
state.
34
e.
Nothing
in
this
compact
shall
affect
the
requirements
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established
by
a
member
state
for
the
issuance
of
a
1
single-state
license.
2
f.
A
license
issued
to
a
licensed
professional
counselor
by
3
a
home
state
to
a
resident
in
that
state
shall
be
recognized
4
by
each
member
state
as
authorizing
a
licensed
professional
5
counselor
to
practice
professional
counseling,
under
a
6
privilege
to
practice,
in
each
member
state.
7
4.
Privilege
to
practice.
8
a.
To
exercise
the
privilege
to
practice
under
the
terms
of
9
the
compact,
the
licensee
shall
do
all
of
the
following:
10
(1)
Hold
a
license
in
the
home
state.
11
(2)
Have
a
valid
United
States
social
security
number
or
12
national
practitioner
identifier.
13
(3)
Be
eligible
for
a
privilege
to
practice
in
any
member
14
state
in
accordance
with
paragraphs
“d”
,
“g”
,
and
“h”
.
15
(4)
Have
not
had
any
encumbrance
or
restriction
against
any
16
license
or
privilege
to
practice
within
the
previous
two
years
17
from
the
date
of
application.
18
(5)
Notify
the
commission
that
the
licensee
is
seeking
the
19
privilege
to
practice
within
a
remote
state.
20
(6)
Pay
any
applicable
fees,
including
any
state
fee,
for
21
the
privilege
to
practice.
22
(7)
Meet
any
continuing
competence
or
continuing
education
23
requirements
established
by
the
home
state.
24
(8)
Meet
any
jurisprudence
requirements
established
by
the
25
remote
state
in
which
the
licensee
is
seeking
a
privilege
to
26
practice.
27
(9)
Report
to
the
commission
any
adverse
action,
28
encumbrance,
or
restriction
on
any
license
taken
by
any
29
nonmember
state
within
thirty
days
from
the
date
the
action
is
30
taken.
31
b.
The
privilege
to
practice
is
valid
until
the
expiration
32
date
of
the
home
state
license.
The
licensee
must
comply
with
33
the
requirements
of
paragraph
“a”
to
maintain
the
privilege
to
34
practice
in
the
remote
state.
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c.
A
licensee
providing
professional
counseling
in
a
remote
1
state
under
the
privilege
to
practice
shall
adhere
to
the
laws
2
and
regulations
of
the
remote
state.
3
d.
A
licensee
providing
professional
counseling
services
in
4
a
remote
state
is
subject
to
that
state’s
regulatory
authority.
5
A
remote
state
may,
in
accordance
with
due
process
and
that
6
state’s
laws,
remove
a
licensee’s
privilege
to
practice
in
the
7
remote
state
for
a
specific
period
of
time,
impose
fines,
or
8
take
any
other
necessary
actions
to
protect
the
health
and
9
safety
of
its
citizens.
The
licensee
may
be
ineligible
for
a
10
privilege
to
practice
in
any
member
state
until
the
specific
11
time
for
removal
has
passed
and
all
fines
are
paid.
12
e.
If
a
home
state
license
is
encumbered,
the
licensee
shall
13
lose
the
privilege
to
practice
in
any
remote
state
until
all
14
of
the
following
occur:
15
(1)
The
home
state
license
is
no
longer
encumbered.
16
(2)
The
licensee
has
not
had
any
encumbrance
or
restriction
17
against
any
license
or
privilege
to
practice
within
the
18
previous
two
years.
19
f.
Once
an
encumbered
license
in
the
home
state
is
restored
20
to
good
standing,
the
licensee
must
meet
the
requirements
of
21
paragraph
“a”
to
obtain
a
privilege
to
practice
in
any
remote
22
state.
23
g.
If
a
licensee’s
privilege
to
practice
in
any
remote
state
24
is
removed,
the
individual
may
lose
the
privilege
to
practice
25
in
all
other
remote
states
until
all
of
the
following
occur:
26
(1)
The
specific
period
of
time
for
which
the
privilege
to
27
practice
was
removed
has
ended.
28
(2)
All
fines
have
been
paid.
29
(3)
The
licensee
has
not
had
any
encumbrance
or
restriction
30
against
any
license
or
privilege
to
practice
within
the
31
previous
two
years.
32
h.
Once
the
requirements
of
paragraph
“g”
have
been
met,
the
33
licensee
must
meet
the
requirements
of
paragraph
“a”
to
obtain
a
34
privilege
to
practice
in
a
remote
state.
35
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5.
Obtaining
a
new
home
state
license
based
on
a
privilege
1
to
practice.
2
a.
A
licensed
professional
counselor
may
hold
a
home
state
3
license,
which
allows
for
a
privilege
to
practice
in
other
4
member
states,
in
only
one
member
state
at
a
time.
5
b.
If
a
licensed
professional
counselor
changes
primary
6
state
of
residence
by
moving
between
two
member
states:
7
(1)
The
licensed
professional
counselor
shall
file
an
8
application
for
obtaining
a
new
home
state
license
based
on
a
9
privilege
to
practice,
pay
all
applicable
fees,
and
notify
the
10
current
and
new
home
state
in
accordance
with
applicable
rules
11
adopted
by
the
commission.
12
(2)
Upon
receipt
of
an
application
for
obtaining
a
new
13
home
state
license
by
virtue
of
a
privilege
to
practice,
the
14
new
home
state
shall
verify
that
the
licensed
professional
15
counselor
meets
the
pertinent
criteria
outlined
in
subsection
16
4
via
the
data
system,
without
need
for
primary
source
17
verification
except
for
the
following:
18
(a)
A
federal
bureau
of
investigation
fingerprint-based
19
criminal
background
check
if
not
previously
performed
or
20
updated
pursuant
to
applicable
rules
adopted
by
the
commission
21
in
accordance
with
Pub.
L.
No.
92-544.
22
(b)
Other
criminal
background
checks
as
required
by
the
new
23
home
state.
24
(c)
Completion
of
any
requisite
jurisprudence
requirements
25
of
the
new
home
state.
26
(3)
The
former
home
state
shall
convert
the
former
home
27
state
license
into
a
privilege
to
practice
once
the
new
home
28
state
has
activated
the
new
home
state
license
in
accordance
29
with
applicable
rules
adopted
by
the
commission.
30
(4)
Notwithstanding
any
other
provision
of
this
compact,
if
31
the
licensed
professional
counselor
cannot
meet
the
criteria
in
32
subsection
4,
the
new
home
state
may
apply
its
requirements
for
33
issuing
a
new
single
state
license.
34
(5)
The
licensed
professional
counselor
shall
pay
all
35
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applicable
fees
to
the
new
home
state
in
order
to
be
issued
a
1
new
home
state
license.
2
c.
If
a
licensed
professional
counselor
changes
primary
3
state
of
residence
by
moving
from
a
member
state
to
a
nonmember
4
state,
or
from
a
nonmember
state
to
a
member
state,
the
state
5
criteria
shall
apply
for
issuance
of
a
single
state
license
in
6
the
new
state.
7
d.
Nothing
in
this
compact
shall
interfere
with
a
licensee’s
8
ability
to
hold
a
single
state
license
in
multiple
states;
9
however,
for
the
purposes
of
this
compact,
a
licensee
shall
10
have
only
one
home
state
license.
11
e.
Nothing
in
this
compact
shall
affect
the
requirements
12
established
by
a
member
state
for
the
issuance
of
a
single
13
state
license.
14
6.
Active
duty
military
personnel
or
their
spouses.
Active
15
duty
military
personnel
or
their
spouses
shall
designate
a
16
home
state
where
the
individual
has
a
current
license
in
good
17
standing.
The
individual
may
retain
the
home
state
designation
18
during
the
period
the
service
member
is
on
active
duty.
19
Subsequent
to
designating
a
home
state,
the
individual
shall
20
only
change
their
home
state
through
application
for
licensure
21
in
the
new
state
or
through
the
process
outlined
in
subsection
22
5.
23
7.
Compact
privilege
to
practice
telehealth.
24
a.
Member
states
shall
recognize
the
right
of
a
licensed
25
professional
counselor,
licensed
by
a
home
state
in
accordance
26
with
subsection
3
and
under
rules
promulgated
by
the
27
commission,
to
practice
professional
counseling
in
any
member
28
state
via
telehealth
under
a
privilege
to
practice
as
provided
29
in
the
compact
and
rules
promulgated
by
the
commission.
30
b.
A
licensee
providing
professional
counseling
services
in
31
a
remote
state
under
the
privilege
to
practice
shall
adhere
to
32
the
laws
and
regulations
of
the
remote
state.
33
8.
Adverse
actions.
34
a.
In
addition
to
the
other
powers
conferred
by
state
law,
35
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a
remote
state
shall
have
the
authority,
in
accordance
with
1
existing
state
due
process
law,
to
do
all
of
the
following:
2
(1)
Take
adverse
action
against
a
licensed
professional
3
counselor’s
privilege
to
practice
within
that
member
state.
4
(2)
Issue
subpoenas
for
both
hearings
and
investigations
5
that
require
the
attendance
and
testimony
of
witnesses
as
well
6
as
the
production
of
evidence.
Subpoenas
issued
by
a
licensing
7
board
in
a
member
state
for
the
attendance
and
testimony
of
8
witnesses
or
the
production
of
evidence
from
another
member
9
state
shall
be
enforced
in
the
latter
state
by
any
court
of
10
competent
jurisdiction,
according
to
the
practice
and
procedure
11
of
that
court
applicable
to
subpoenas
issued
in
proceedings
12
pending
before
it.
The
issuing
authority
shall
pay
any
witness
13
fees,
travel
expenses,
mileage,
and
other
fees
required
by
14
the
service
statutes
of
the
state
in
which
the
witnesses
or
15
evidence
are
located.
16
(3)
Only
the
home
state
shall
have
the
power
to
take
adverse
17
action
against
a
licensed
professional
counselor’s
license
18
issued
by
the
home
state.
19
b.
For
purposes
of
taking
adverse
action,
the
home
state
20
shall
give
the
same
priority
and
effect
to
reported
conduct
21
received
from
a
member
state
as
it
would
if
the
conduct
had
22
occurred
within
the
home
state.
In
so
doing,
the
home
state
23
shall
apply
its
own
state
laws
to
determine
appropriate
action.
24
c.
The
home
state
shall
complete
any
pending
investigations
25
of
a
licensed
professional
counselor
who
changes
primary
state
26
of
residence
during
the
course
of
the
investigations.
The
home
27
state
shall
also
have
the
authority
to
take
appropriate
action
28
and
shall
promptly
report
the
conclusions
of
the
investigations
29
to
the
administrator
of
the
data
system.
The
administrator
of
30
the
coordinated
licensure
information
system
shall
promptly
31
notify
the
new
home
state
of
any
adverse
actions.
32
d.
A
member
state,
if
otherwise
permitted
by
state
law,
33
may
recover
from
the
affected
licensed
professional
counselor
34
the
costs
of
investigations
and
dispositions
of
cases
35
-11-
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1723YH
(1)
90
ss/rh
11/
28
H.F.
90
resulting
from
any
adverse
action
taken
against
that
licensed
1
professional
counselor.
2
e.
A
member
state
may
take
adverse
action
based
on
the
3
factual
findings
of
the
remote
state,
provided
that
the
member
4
state
follows
its
own
procedures
for
taking
the
adverse
action.
5
f.
Joint
investigations.
6
(1)
In
addition
to
the
authority
granted
to
a
member
state
7
by
its
respective
professional
counseling
practice
compact
or
8
other
applicable
state
law,
any
member
state
may
participate
9
with
other
member
states
in
joint
investigations
of
licensees.
10
(2)
Member
states
shall
share
any
investigative,
11
litigation,
or
compliance
materials
in
furtherance
of
any
joint
12
or
individual
investigation
initiated
under
the
compact.
13
g.
If
adverse
action
is
taken
by
the
home
state
against
14
the
license
of
a
licensed
professional
counselor,
the
licensed
15
professional
counselor’s
privilege
to
practice
in
all
other
16
member
states
shall
be
deactivated
until
all
encumbrances
17
have
been
removed
from
the
state
license.
All
home
state
18
disciplinary
orders
that
impose
adverse
action
against
the
19
license
of
a
licensed
professional
counselor
shall
include
a
20
statement
that
the
licensed
professional
counselor’s
privilege
21
to
practice
is
deactivated
in
all
member
states
during
the
22
pendency
of
the
order.
23
h.
If
a
member
state
takes
adverse
action,
it
shall
promptly
24
notify
the
administrator
of
the
data
system.
The
administrator
25
of
the
data
system
shall
promptly
notify
the
home
state
of
any
26
adverse
actions
by
remote
states.
27
i.
Nothing
in
this
compact
shall
override
a
member
state’s
28
decision
that
participation
in
an
alternative
program
may
be
29
used
in
lieu
of
adverse
action.
30
9.
Establishment
of
counseling
compact
commission.
31
a.
The
compact
member
states
hereby
create
and
establish
a
32
joint
public
agency
known
as
the
counseling
compact
commission.
33
(1)
The
commission
is
an
instrumentality
of
the
compact
34
states.
35
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90
(2)
Venue
is
proper
and
judicial
proceedings
by
or
against
1
the
commission
shall
be
brought
solely
and
exclusively
in
a
2
court
of
competent
jurisdiction
where
the
principal
office
of
3
the
commission
is
located.
The
commission
may
waive
venue
and
4
jurisdictional
defenses
to
the
extent
it
adopts
or
consents
to
5
participate
in
alternative
dispute
resolution
proceedings.
6
(3)
Nothing
in
this
compact
shall
be
construed
to
be
a
7
waiver
of
sovereign
immunity.
8
b.
Membership,
voting,
and
meetings.
9
(1)
Each
member
state
shall
have
and
be
limited
to
one
10
delegate
selected
by
that
member
state’s
licensing
board.
11
(2)
The
delegate
shall
be
one
of
the
following:
12
(a)
A
current
member
of
the
licensing
board
at
the
time
of
13
appointment
who
is
a
licensed
professional
counselor
or
public
14
member.
15
(b)
An
administrator
of
the
licensing
board.
16
(3)
Any
delegate
may
be
removed
or
suspended
from
office
17
as
provided
by
the
law
of
the
state
from
which
the
delegate
is
18
appointed.
19
(4)
The
member
state
licensing
board
shall
fill
any
vacancy
20
occurring
on
the
commission
within
sixty
days
of
a
vacancy.
21
(5)
Each
delegate
shall
be
entitled
to
one
vote
with
regard
22
to
the
promulgation
of
rules
and
creation
of
bylaws
and
shall
23
otherwise
have
an
opportunity
to
participate
in
the
business
24
and
affairs
of
the
commission.
25
(6)
A
delegate
shall
vote
in
person
or
by
such
other
26
means
as
provided
in
the
bylaws.
The
bylaws
may
provide
for
27
delegates’
participation
in
meetings
by
telephone
or
other
28
means
of
communication.
29
(7)
The
commission
shall
meet
at
least
once
during
each
30
calendar
year.
Additional
meetings
shall
be
held
as
set
forth
31
in
the
bylaws.
32
(8)
The
commission
shall
by
rule
establish
a
term
of
office
33
for
delegates
and
may
by
rule
establish
term
limits.
34
c.
The
commission
shall
have
the
following
powers
and
35
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duties:
1
(1)
Establish
the
fiscal
year
of
the
commission.
2
(2)
Establish
bylaws.
3
(3)
Maintain
its
financial
records
in
accordance
with
the
4
bylaws.
5
(4)
Meet
and
take
such
actions
as
are
consistent
with
the
6
provisions
of
this
compact
and
the
bylaws.
7
(5)
Promulgate
rules
which
shall
be
binding
to
the
extent
8
and
in
the
manner
provided
for
in
the
compact.
9
(6)
Bring
and
prosecute
legal
proceedings
or
actions
in
the
10
name
of
the
commission,
provided
that
the
standing
of
any
state
11
licensing
board
to
sue
or
be
sued
under
applicable
law
shall
12
not
be
affected.
13
(7)
Purchase
and
maintain
insurance
and
bonds.
14
(8)
Borrow,
accept,
or
contract
for
services
of
personnel,
15
including
but
not
limited
to
employees
of
a
member
state.
16
(9)
Hire
employees,
elect
or
appoint
officers,
fix
17
compensation,
define
duties,
grant
such
individuals
appropriate
18
authority
to
carry
out
the
purposes
of
the
compact,
and
19
establish
the
commission’s
personnel
policies
and
programs
20
relating
to
conflicts
of
interest,
qualifications
of
personnel,
21
and
other
related
personnel
matters.
22
(10)
Accept
any
and
all
appropriate
donations
and
grants
23
of
money,
equipment,
supplies,
materials,
and
services,
and
24
receive,
utilize,
and
dispose
of
the
same;
provided
that
at
all
25
times
the
commission
shall
avoid
any
appearance
of
impropriety
26
or
conflict
of
interest.
27
(11)
Lease,
purchase,
accept
appropriate
gifts
or
donations
28
of,
or
otherwise
to
own,
hold,
improve
or
use,
any
property,
29
real,
personal,
or
mixed;
provided
that
at
all
times
the
30
commission
shall
avoid
any
appearance
of
impropriety.
31
(12)
Sell,
convey,
mortgage,
pledge,
lease,
exchange,
32
abandon,
or
otherwise
dispose
of
any
property,
real,
personal,
33
or
mixed.
34
(13)
Establish
a
budget
and
make
expenditures.
35
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(14)
Borrow
money.
1
(15)
Appoint
committees,
including
standing
committees
2
composed
of
members,
state
regulators,
state
legislators
or
3
their
representatives,
and
consumer
representatives,
and
such
4
other
interested
persons
as
may
be
designated
in
this
compact
5
and
the
bylaws.
6
(16)
Provide
and
receive
information
from,
and
cooperate
7
with,
law
enforcement
agencies.
8
(17)
Establish
and
elect
an
executive
committee.
9
(18)
Perform
such
other
functions
as
may
be
necessary
or
10
appropriate
to
achieve
the
purposes
of
this
compact
consistent
11
with
the
state
regulation
of
professional
counseling
licensure
12
and
practice.
13
d.
The
executive
committee.
14
(1)
The
executive
committee
shall
have
the
power
to
act
15
on
behalf
of
the
commission
according
to
the
terms
of
this
16
compact.
17
(2)
The
executive
committee
shall
be
composed
of
up
to
18
eleven
members:
19
(a)
Seven
voting
members
who
are
elected
by
the
commission
20
from
the
current
membership
of
the
commission.
21
(b)
Up
to
four
ex
officio,
nonvoting
members
from
four
22
recognized
national
professional
counselor
organizations.
23
(c)
The
ex
officio,
nonvoting
members
shall
be
selected
by
24
their
respective
organizations.
25
(3)
The
commission
may
remove
any
member
of
the
executive
26
committee
as
provided
in
bylaws.
27
(4)
The
executive
committee
shall
meet
at
least
annually.
28
(5)
The
executive
committee
shall
have
the
following
duties
29
and
responsibilities:
30
(a)
Recommend
to
the
entire
commission
changes
to
the
rules
31
or
bylaws,
changes
to
this
compact
legislation,
fees
paid
by
32
compact
member
states
such
as
annual
dues,
and
any
commission
33
compact
fee
charged
to
licensees
for
the
privilege
to
practice.
34
(b)
Ensure
compact
administration
services
are
35
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appropriately
provided,
contractual
or
otherwise.
1
(c)
Prepare
and
recommend
the
budget.
2
(d)
Maintain
financial
records
on
behalf
of
the
commission.
3
(e)
Monitor
compact
compliance
of
member
states
and
provide
4
compliance
reports
to
the
commission.
5
(f)
Establish
additional
committees
as
necessary.
6
(g)
Other
duties
as
provided
in
rules
or
bylaws.
7
e.
Meetings
of
the
commission.
8
(1)
All
meetings
shall
be
open
to
the
public,
and
public
9
notice
of
meetings
shall
be
given
in
the
same
manner
as
10
required
under
the
rulemaking
provisions
in
subsection
11.
11
(2)
The
commission
or
the
executive
committee
or
other
12
committees
of
the
commission
may
convene
in
a
closed,
nonpublic
13
meeting
if
the
commission
or
executive
committee
or
other
14
committees
of
the
commission
must
discuss
any
of
the
following:
15
(a)
Noncompliance
of
a
member
state
with
its
obligations
16
under
the
compact.
17
(b)
The
employment,
compensation,
discipline,
or
other
18
matters,
practices,
or
procedures
related
to
specific
employees
19
or
other
matters
related
to
the
commission’s
internal
personnel
20
practices
and
procedures.
21
(c)
Current,
threatened,
or
reasonably
anticipated
22
litigation.
23
(d)
Negotiation
of
contracts
for
the
purchase,
lease,
or
24
sale
of
goods,
services,
or
real
estate.
25
(e)
Accusing
any
person
of
a
crime
or
formally
censuring
any
26
person.
27
(f)
Disclosure
of
trade
secrets
or
commercial
or
financial
28
information
that
is
privileged
or
confidential.
29
(g)
Disclosure
of
information
of
a
personal
nature
where
30
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
31
personal
privacy.
32
(h)
Disclosure
of
investigative
records
compiled
for
law
33
enforcement
purposes.
34
(i)
Disclosure
of
information
related
to
any
investigative
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reports
prepared
by
or
on
behalf
of
or
for
use
of
the
1
commission
or
other
committee
charged
with
responsibility
of
2
investigation
or
determination
of
compliance
issues
pursuant
3
to
the
compact.
4
(j)
Matters
specifically
exempted
from
disclosure
by
5
federal
or
member
state
statute.
6
(3)
If
a
meeting,
or
portion
of
a
meeting,
is
closed
7
pursuant
to
this
paragraph
“e”
,
the
commission’s
legal
counsel
8
or
designee
shall
certify
that
the
meeting
may
be
closed
and
9
shall
reference
each
relevant
exempting
provision.
10
(4)
The
commission
shall
keep
minutes
that
fully
and
clearly
11
describe
all
matters
discussed
in
a
meeting
and
shall
provide
12
a
full
and
accurate
summary
of
actions
taken,
and
the
reasons
13
therefore,
including
a
description
of
the
views
expressed.
14
All
documents
considered
in
connection
with
an
action
shall
15
be
identified
in
such
minutes.
All
minutes
and
documents
of
16
a
closed
meeting
shall
remain
under
seal,
subject
to
release
17
by
a
majority
vote
of
the
commission
or
order
of
a
court
of
18
competent
jurisdiction.
19
f.
Financing
the
commission.
20
(1)
The
commission
shall
pay,
or
provide
for
the
payment
of,
21
the
reasonable
expenses
of
its
establishment,
organization,
and
22
ongoing
activities.
23
(2)
The
commission
may
accept
any
and
all
appropriate
24
revenue
sources,
donations,
and
grants
of
money,
equipment,
25
supplies,
materials,
and
services.
26
(3)
The
commission
may
levy
on
and
collect
an
annual
27
assessment
from
each
member
state
or
impose
fees
on
other
28
parties
to
cover
the
cost
of
the
operations
and
activities
29
of
the
commission
and
its
staff,
which
must
be
in
a
total
30
amount
sufficient
to
cover
its
annual
budget
as
approved
each
31
year
for
which
revenue
is
not
provided
by
other
sources.
The
32
aggregate
annual
assessment
amount
shall
be
allocated
based
33
upon
a
formula
to
be
determined
by
the
commission,
which
shall
34
promulgate
a
rule
binding
upon
all
member
states.
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(4)
The
commission
shall
not
incur
obligations
of
any
kind
1
prior
to
securing
the
funds
adequate
to
meet
the
same;
nor
2
shall
the
commission
pledge
the
credit
of
any
of
the
member
3
states,
except
by
and
with
the
authority
of
the
member
state.
4
(5)
The
commission
shall
keep
accurate
accounts
of
all
5
receipts
and
disbursements.
The
receipts
and
disbursements
of
6
the
commission
shall
be
subject
to
the
audit
and
accounting
7
procedures
established
under
its
bylaws.
However,
all
receipts
8
and
disbursements
of
funds
handled
by
the
commission
shall
be
9
audited
yearly
by
a
certified
or
licensed
public
accountant,
10
and
the
report
of
the
audit
shall
be
included
in
and
become
11
part
of
the
annual
report
of
the
commission.
12
g.
Qualified
immunity,
defense,
and
indemnification.
13
(1)
The
members,
officers,
executive
director,
employees,
14
and
representatives
of
the
commission
shall
be
immune
from
suit
15
and
liability,
either
personally
or
in
their
official
capacity,
16
for
any
claim
for
damage
to
or
loss
of
property
or
personal
17
injury
or
other
civil
liability
caused
by
or
arising
out
of
any
18
actual
or
alleged
act,
error,
or
omission
that
occurred,
or
19
that
the
person
against
whom
the
claim
is
made
had
a
reasonable
20
basis
for
believing
occurred
within
the
scope
of
commission
21
employment,
duties,
or
responsibilities;
provided
that
nothing
22
in
this
paragraph
“g”
shall
be
construed
to
protect
any
such
23
person
from
suit
or
liability
for
any
damage,
loss,
injury,
24
or
liability
caused
by
the
intentional
or
willful
or
wanton
25
misconduct
of
that
person.
26
(2)
The
commission
shall
defend
any
member,
officer,
27
executive
director,
employee,
or
representative
of
the
28
commission
in
any
civil
action
seeking
to
impose
liability
29
arising
out
of
any
actual
or
alleged
act,
error,
or
omission
30
that
occurred
within
the
scope
of
commission
employment,
31
duties,
or
responsibilities,
or
that
the
person
against
32
whom
the
claim
is
made
had
a
reasonable
basis
for
believing
33
occurred
within
the
scope
of
commission
employment,
duties,
34
or
responsibilities;
provided
that
nothing
herein
shall
be
35
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construed
to
prohibit
that
person
from
retaining
the
person’s
1
own
counsel;
and
provided
further,
that
the
actual
or
alleged
2
act,
error,
or
omission
did
not
result
from
that
person’s
3
intentional
or
willful
or
wanton
misconduct.
4
(3)
The
commission
shall
indemnify
and
hold
harmless
5
any
member,
officer,
executive
director,
employee,
or
6
representative
of
the
commission
for
the
amount
of
any
7
settlement
or
judgment
obtained
against
that
person
arising
8
out
of
any
actual
or
alleged
act,
error,
or
omission
that
9
occurred
within
the
scope
of
commission
employment,
duties,
10
or
responsibilities,
or
that
such
person
had
a
reasonable
11
basis
for
believing
occurred
within
the
scope
of
commission
12
employment,
duties,
or
responsibilities,
provided
that
the
13
actual
or
alleged
act,
error,
or
omission
did
not
result
from
14
the
intentional,
willful,
or
wanton
misconduct
of
that
person.
15
10.
Data
system.
16
a.
The
commission
shall
provide
for
the
development,
17
maintenance,
operation,
and
utilization
of
a
coordinated
18
database
and
reporting
system
containing
licensure,
adverse
19
action,
and
investigative
information
on
all
licensed
20
individuals
in
member
states.
21
b.
Notwithstanding
any
other
provision
of
state
law
to
22
the
contrary,
a
member
state
shall
submit
a
uniform
data
set
23
to
the
data
system
on
all
individuals
to
whom
this
compact
24
is
applicable
as
required
by
the
rules
of
the
commission,
25
including
all
of
the
following:
26
(1)
Identifying
information.
27
(2)
Licensure
data.
28
(3)
Adverse
actions
against
a
license
or
privilege
to
29
practice.
30
(4)
Nonconfidential
information
related
to
alternative
31
program
participation.
32
(5)
Any
denial
of
application
for
licensure,
and
the
reason
33
for
such
denial.
34
(6)
Current
significant
investigative
information.
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(7)
Other
information
that
may
facilitate
the
1
administration
of
this
compact,
as
determined
by
the
rules
of
2
the
commission.
3
c.
Investigative
information
pertaining
to
a
licensee
in
any
4
member
state
will
only
be
available
to
other
member
states.
5
d.
The
commission
shall
promptly
notify
all
member
states
of
6
any
adverse
action
taken
against
a
licensee
or
an
individual
7
applying
for
a
license.
Adverse
action
information
pertaining
8
to
a
licensee
in
any
member
state
will
be
available
to
any
9
other
member
state.
10
e.
Member
states
contributing
information
to
the
data
11
system
may
designate
information
that
may
not
be
shared
with
12
the
public
without
the
express
permission
of
the
contributing
13
state.
14
f.
Any
information
submitted
to
the
data
system
that
is
15
subsequently
required
to
be
expunged
by
the
laws
of
the
member
16
state
contributing
the
information
shall
be
removed
from
the
17
data
system.
18
11.
Rulemaking.
19
a.
The
commission
shall
promulgate
reasonable
rules
in
20
order
to
effectively
and
efficiently
achieve
the
purpose
of
21
the
compact.
Notwithstanding
the
foregoing,
in
the
event
the
22
commission
exercises
its
rulemaking
authority
in
a
manner
that
23
is
beyond
the
scope
of
the
purposes
of
the
compact,
or
the
24
powers
granted
hereunder,
then
such
an
action
by
the
commission
25
shall
be
invalid
and
have
no
force
or
effect.
26
b.
The
commission
shall
exercise
its
rulemaking
powers
27
pursuant
to
the
criteria
set
forth
in
this
subsection
and
the
28
rules
adopted
thereunder.
Rules
and
amendments
shall
become
29
binding
as
of
the
date
specified
in
each
rule
or
amendment.
30
c.
If
a
majority
of
the
legislatures
of
the
member
states
31
rejects
a
rule,
by
enactment
of
a
statute
or
resolution
in
the
32
same
manner
used
to
adopt
the
compact
within
four
years
of
the
33
date
of
adoption
of
the
rule,
then
such
rule
shall
have
no
34
further
force
and
effect
in
any
member
state.
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d.
Rules
or
amendments
to
the
rules
shall
be
adopted
at
a
1
regular
or
special
meeting
of
the
commission.
2
e.
Prior
to
promulgation
and
adoption
of
a
final
rule
by
3
the
commission,
and
at
least
thirty
days
in
advance
of
the
4
meeting
at
which
the
rule
will
be
considered
and
voted
upon,
5
the
commission
shall
file
a
notice
of
proposed
rulemaking
in
6
all
of
the
following
places:
7
(1)
On
the
internet
site
of
the
commission
or
other
publicly
8
accessible
platform.
9
(2)
On
the
internet
site
of
each
member
state
professional
10
counseling
licensing
board
or
other
publicly
accessible
11
platform
or
the
publication
in
which
each
state
would
otherwise
12
publish
proposed
rules.
13
f.
The
notice
of
proposed
rulemaking
shall
include
all
of
14
the
following:
15
(1)
The
proposed
time,
date,
and
location
of
the
meeting
in
16
which
the
rule
will
be
considered
and
voted
upon.
17
(2)
The
text
of
the
proposed
rule
or
amendment
and
the
18
reason
for
the
proposed
rule.
19
(3)
A
request
for
comments
on
the
proposed
rule
from
any
20
interested
person.
21
(4)
The
manner
in
which
interested
persons
may
submit
notice
22
to
the
commission
of
their
intention
to
attend
the
public
23
hearing
and
any
written
comments.
24
g.
Prior
to
adoption
of
a
proposed
rule,
the
commission
25
shall
allow
persons
to
submit
written
data,
facts,
opinions,
26
and
arguments,
which
shall
be
made
available
to
the
public.
27
h.
The
commission
shall
grant
an
opportunity
for
a
public
28
hearing
before
it
adopts
a
rule
or
amendment
if
a
hearing
is
29
requested
by
any
of
the
following:
30
(1)
At
least
twenty-five
persons.
31
(2)
A
state
or
federal
governmental
subdivision
or
agency.
32
(3)
An
association
having
at
least
twenty-five
members.
33
i.
If
a
hearing
is
held
on
the
proposed
rule
or
amendment,
34
the
commission
shall
publish
the
place,
time,
and
date
of
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the
scheduled
public
hearing.
If
the
hearing
is
held
via
1
electronic
means,
the
commission
shall
publish
the
mechanism
2
for
access
to
the
electronic
hearing.
3
(1)
All
persons
wishing
to
be
heard
at
the
hearing
shall
4
notify
the
executive
director
of
the
commission
or
other
5
designated
member
in
writing
of
their
desire
to
appear
and
6
testify
at
the
hearing
not
less
than
five
business
days
before
7
the
scheduled
date
of
the
hearing.
8
(2)
Hearings
shall
be
conducted
in
a
manner
providing
each
9
person
who
wishes
to
comment
a
fair
and
reasonable
opportunity
10
to
comment
orally
or
in
writing.
11
(3)
All
hearings
shall
be
recorded.
A
copy
of
the
recording
12
shall
be
made
available
on
request.
13
(4)
Nothing
in
this
paragraph
“h”
shall
be
construed
as
14
requiring
a
separate
hearing
on
each
rule.
Rules
may
be
15
grouped
for
the
convenience
of
the
commission
at
hearings
16
required
by
this
subsection.
17
j.
Following
the
scheduled
hearing
date,
or
by
the
close
18
of
business
on
the
scheduled
hearing
date
if
the
hearing
was
19
not
held,
the
commission
shall
consider
all
written
and
oral
20
comments
received.
21
k.
If
no
written
notice
of
intent
to
attend
the
public
22
hearing
by
interested
parties
is
received,
the
commission
may
23
proceed
with
promulgation
of
the
proposed
rule
without
a
public
24
hearing.
25
l.
The
commission
shall,
by
majority
vote
of
all
members,
26
take
final
action
on
the
proposed
rule
and
shall
determine
the
27
effective
date
of
the
rule,
if
any,
based
on
the
rulemaking
28
record
and
the
full
text
of
the
rule.
29
m.
Upon
determination
that
an
emergency
exists,
the
30
commission
may
consider
and
adopt
an
emergency
rule
without
31
prior
notice,
opportunity
for
comment,
or
hearing,
provided
32
that
the
usual
rulemaking
procedures
provided
in
the
compact
33
and
in
this
subsection
shall
be
retroactively
applied
to
the
34
rule
as
soon
as
reasonably
possible,
in
no
event
later
than
35
-22-
LSB
1723YH
(1)
90
ss/rh
22/
28
H.F.
90
ninety
days
after
the
effective
date
of
the
rule.
For
the
1
purposes
of
this
provision,
an
emergency
rule
is
one
that
must
2
be
adopted
immediately
in
order
to
do
any
of
the
following:
3
(1)
Meet
an
imminent
threat
to
public
health,
safety,
or
4
welfare.
5
(2)
Prevent
a
loss
of
commission
or
member
state
funds.
6
(3)
Meet
a
deadline
for
the
promulgation
of
an
7
administrative
rule
that
is
established
by
federal
law
or
rule.
8
(4)
Protect
public
health
and
safety.
9
n.
The
commission
or
an
authorized
committee
of
the
10
commission
may
direct
revisions
to
a
previously
adopted
rule
11
or
amendment
for
purposes
of
correcting
typographical
errors,
12
errors
in
format,
errors
in
consistency,
or
grammatical
13
errors.
Public
notice
of
any
revisions
shall
be
posted
on
14
the
internet
site
of
the
commission.
The
revision
shall
be
15
subject
to
challenge
by
any
person
for
a
period
of
thirty
days
16
after
posting.
The
revision
may
be
challenged
only
on
grounds
17
that
the
revision
results
in
a
material
change
to
a
rule.
A
18
challenge
shall
be
made
in
writing
and
delivered
to
the
chair
19
of
the
commission
prior
to
the
end
of
the
notice
period.
If
20
no
challenge
is
made,
the
revision
shall
take
effect
without
21
further
action.
If
the
revision
is
challenged,
the
revision
22
shall
not
take
effect
without
the
approval
of
the
commission.
23
12.
Oversight,
dispute
resolution,
and
enforcement.
24
a.
Oversight.
25
(1)
The
executive,
legislative,
and
judicial
branches
26
of
state
government
in
each
member
state
shall
enforce
this
27
compact
and
take
all
actions
necessary
and
appropriate
to
28
effectuate
the
compact’s
purposes
and
intent.
The
provisions
29
of
this
compact
and
the
rules
promulgated
hereunder
shall
have
30
standing
as
statutory
law.
31
(2)
All
courts
shall
take
judicial
notice
of
the
compact
32
and
the
rules
in
any
judicial
or
administrative
proceeding
in
a
33
member
state
pertaining
to
the
subject
matter
of
this
compact
34
which
may
affect
the
powers,
responsibilities,
or
actions
of
35
-23-
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1723YH
(1)
90
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28
H.F.
90
the
commission.
1
(3)
The
commission
shall
be
entitled
to
receive
service
2
of
process
in
any
such
proceeding
and
shall
have
standing
to
3
intervene
in
such
a
proceeding
for
all
purposes.
Failure
to
4
provide
service
of
process
to
the
commission
shall
render
a
5
judgment
or
order
void
as
to
the
commission,
this
compact,
or
6
the
promulgated
rules.
7
b.
Default,
technical
assistance,
and
termination.
8
(1)
If
the
commission
determines
that
a
member
state
9
has
defaulted
in
the
performance
of
its
obligations
or
10
responsibilities
under
this
compact
or
the
promulgated
rules,
11
the
commission
shall
do
all
of
the
following:
12
(a)
Provide
written
notice
to
the
defaulting
state
and
other
13
member
states
of
the
nature
of
the
default,
the
proposed
means
14
of
curing
the
default,
or
any
other
action
to
be
taken
by
the
15
commission.
16
(b)
Provide
remedial
training
and
specific
technical
17
assistance
regarding
the
default.
18
c.
If
a
state
in
default
fails
to
cure
the
default,
the
19
defaulting
state
may
be
terminated
from
the
compact
upon
an
20
affirmative
vote
of
a
majority
of
the
member
states,
and
all
21
rights,
privileges,
and
benefits
conferred
by
this
compact
may
22
be
terminated
on
the
effective
date
of
termination.
A
cure
of
23
the
default
does
not
relieve
the
offending
state
of
obligations
24
or
liabilities
incurred
during
the
period
of
default.
25
d.
Termination
of
membership
in
the
compact
shall
be
imposed
26
only
after
all
other
means
of
securing
compliance
have
been
27
exhausted.
Notice
of
intent
to
suspend
or
terminate
shall
28
be
given
by
the
commission
to
the
governor,
the
majority
and
29
minority
leaders
of
the
defaulting
state’s
legislature,
and
30
each
of
the
member
states.
31
e.
A
state
that
has
been
terminated
is
responsible
for
all
32
assessments,
obligations,
and
liabilities
incurred
through
33
the
effective
date
of
termination,
including
obligations
that
34
extend
beyond
the
effective
date
of
termination.
35
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1723YH
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90
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28
H.F.
90
f.
The
commission
shall
not
bear
any
costs
related
to
1
a
state
that
is
found
to
be
in
default
or
that
has
been
2
terminated
from
the
compact
unless
agreed
upon
in
writing
3
between
the
commission
and
the
defaulting
state.
4
g.
The
defaulting
state
may
appeal
the
action
of
the
5
commission
by
petitioning
the
United
States
district
court
6
for
the
District
of
Columbia
or
the
federal
district
where
7
the
commission
has
its
principal
offices.
The
prevailing
8
member
shall
be
awarded
all
costs
of
such
litigation
including
9
reasonable
attorney
fees.
10
h.
Dispute
resolution.
11
(1)
Upon
request
by
a
member
state,
the
commission
shall
12
attempt
to
resolve
disputes
related
to
the
compact
that
arise
13
among
member
states
and
between
member
and
nonmember
states.
14
(2)
The
commission
shall
promulgate
a
rule
providing
for
15
both
mediation
and
binding
dispute
resolution
for
disputes
as
16
appropriate.
17
i.
Enforcement.
18
(1)
The
commission,
in
the
reasonable
exercise
of
its
19
discretion,
shall
enforce
the
provisions
and
rules
of
this
20
compact.
21
(2)
By
majority
vote,
the
commission
may
initiate
legal
22
action
in
the
United
States
district
court
for
the
District
23
of
Columbia
or
the
federal
district
where
the
commission
has
24
its
principal
offices
against
a
member
state
in
default
to
25
enforce
compliance
with
the
provisions
of
the
compact
and
its
26
promulgated
rules
and
bylaws.
The
relief
sought
may
include
27
both
injunctive
relief
and
damages.
In
the
event
judicial
28
enforcement
is
necessary,
the
prevailing
member
shall
be
29
awarded
all
costs
of
such
litigation
including
reasonable
30
attorney
fees.
31
(3)
The
remedies
herein
shall
not
be
the
exclusive
remedies
32
of
the
commission.
The
commission
may
pursue
any
other
33
remedies
available
under
federal
or
state
law.
34
13.
Date
of
implementation
of
the
counseling
compact
35
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1723YH
(1)
90
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28
H.F.
90
commission
and
associated
rules,
withdrawal,
and
amendment.
1
a.
The
compact
shall
come
into
effect
on
the
date
on
2
which
the
compact
statute
is
enacted
into
law
in
the
tenth
3
member
state.
The
provisions,
which
become
effective
at
4
that
time,
shall
be
limited
to
the
powers
granted
to
the
5
commission
relating
to
assembly
and
the
promulgation
of
rules.
6
Thereafter,
the
commission
shall
meet
and
exercise
rulemaking
7
powers
necessary
to
the
implementation
and
administration
of
8
the
compact.
9
b.
Any
state
that
joins
the
compact
subsequent
to
the
10
commission’s
initial
adoption
of
the
rules
shall
be
subject
11
to
the
rules
as
they
exist
on
the
date
on
which
the
compact
12
becomes
law
in
that
state.
Any
rule
that
has
been
previously
13
adopted
by
the
commission
shall
have
the
full
force
and
effect
14
of
law
on
the
day
the
compact
becomes
law
in
that
state.
15
c.
Any
member
state
may
withdraw
from
this
compact
by
16
enacting
a
statute
repealing
the
same.
17
(1)
A
member
state’s
withdrawal
shall
not
take
effect
until
18
six
months
after
enactment
of
the
repealing
statute.
19
(2)
Withdrawal
shall
not
affect
the
continuing
requirement
20
of
the
withdrawing
state’s
professional
counseling
licensing
21
board
to
comply
with
the
investigative
and
adverse
action
22
reporting
requirements
of
this
compact
prior
to
the
effective
23
date
of
withdrawal.
24
d.
Nothing
contained
in
this
compact
shall
be
construed
to
25
invalidate
or
prevent
any
professional
counseling
licensure
26
agreement
or
other
cooperative
arrangement
between
a
member
27
state
and
a
nonmember
state
that
does
not
conflict
with
the
28
provisions
of
this
compact.
29
e.
This
compact
may
be
amended
by
the
member
states.
No
30
amendment
to
this
compact
shall
become
effective
and
binding
31
upon
any
member
state
until
it
is
enacted
into
the
laws
of
all
32
member
states.
33
14.
Construction
and
severability.
This
compact
shall
be
34
liberally
construed
so
as
to
effectuate
the
purposes
thereof.
35
-26-
LSB
1723YH
(1)
90
ss/rh
26/
28
H.F.
90
The
provisions
of
this
compact
shall
be
severable
and
if
any
1
phrase,
clause,
sentence,
or
provision
of
this
compact
is
2
declared
to
be
contrary
to
the
constitution
of
any
member
3
state
or
of
the
United
States
or
the
applicability
thereof
4
to
any
government,
agency,
person,
or
circumstance
is
held
5
invalid,
the
validity
of
the
remainder
of
this
compact
and
the
6
applicability
thereof
to
any
government,
agency,
person,
or
7
circumstance
shall
not
be
affected
thereby.
If
this
compact
8
shall
be
held
contrary
to
the
constitution
of
any
member
state,
9
the
compact
shall
remain
in
full
force
and
effect
as
to
the
10
remaining
member
states
and
in
full
force
and
effect
as
to
the
11
member
state
affected
as
to
all
severable
matters.
12
15.
Binding
effect
of
compact
and
other
laws.
13
a.
A
licensee
providing
professional
counseling
services
in
14
a
remote
state
under
the
privilege
to
practice
shall
adhere
to
15
the
laws
and
regulations,
including
scope
of
practice,
of
the
16
remote
state.
17
b.
Nothing
herein
prevents
the
enforcement
of
any
other
law
18
of
a
member
state
that
is
not
inconsistent
with
the
compact.
19
c.
All
laws
in
a
member
state
in
conflict
with
the
compact
20
are
superseded
to
the
extent
of
the
conflict.
21
d.
All
lawful
actions
of
the
commission,
including
all
rules
22
and
bylaws
properly
promulgated
by
the
commission,
are
binding
23
upon
the
member
states.
24
e.
All
permissible
agreements
between
the
commission
and
the
25
member
states
are
binding
in
accordance
with
their
terms.
26
f.
In
the
event
any
provision
of
the
compact
exceeds
the
27
constitutional
limits
imposed
on
the
legislature
of
any
member
28
state,
the
provision
shall
be
ineffective
to
the
extent
of
the
29
conflict
with
the
constitutional
provision
in
question
in
that
30
member
state.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
the
adoption
of
the
professional
35
-27-
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1723YH
(1)
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28
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90
counselors
interstate
licensure
compact.
1
The
compact
establishes
a
system
whereby
professional
2
counselors
licensed
to
practice
in
one
member
state
may
3
practice
in
another
member
state
under
a
compact
privilege
4
without
applying
for
a
license
in
that
state.
The
compact
5
imposes
certain
minimum
requirements
on
the
licensure
of
6
professional
counselors
in
member
states.
The
compact
becomes
7
effective
upon
enactment
of
the
compact
by
10
states.
8
The
compact
creates
a
commission
to
administer
the
operation
9
of
the
compact.
The
commission
is
an
instrumentality
of
the
10
member
states.
The
compact
includes
provisions
relating
to
11
the
purpose,
establishment,
and
membership
of
the
commission;
12
powers
and
privileges
of
the
commission;
active
duty
military
13
personnel;
telehealth;
adverse
actions;
joint
investigations;
14
meetings
and
voting
requirements;
commission
bylaws
and
rules;
15
commission
committees;
commission
finances;
records
of
the
16
commission;
compact
state
compliance;
venue
for
judicial
17
proceedings;
qualified
immunity,
defense,
and
indemnification;
18
data
and
reporting;
rulemaking;
oversight,
dispute
resolution,
19
and
enforcement;
technical
assistance
and
termination;
20
effective
dates
and
amendments
to
the
compact;
withdrawal,
21
default,
and
expulsion;
severability
and
construction;
and
the
22
binding
effect
of
the
compact
and
other
laws.
23
-28-
LSB
1723YH
(1)
90
ss/rh
28/
28
