Bill Text: TX HB2557 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the Licensed Professional Counselors Compact; authorizing fees.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-04 - Referred to Health & Human Services [HB2557 Detail]
Download: Texas-2023-HB2557-Engrossed.html
88R21208 SCP-D | ||
By: Buckley, Raney, Plesa, Burns, et al. | H.B. No. 2557 |
|
||
|
||
relating to the Licensed Professional Counselors Compact; | ||
authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 503, Occupations Code, is amended by | ||
adding Subchapter K to read as follows: | ||
SUBCHAPTER K. LICENSED PROFESSIONAL COUNSELORS COMPACT | ||
Sec. 503.501. LICENSED PROFESSIONAL COUNSELORS COMPACT. | ||
The Licensed Professional Counselors Compact is enacted and entered | ||
into with all other jurisdictions that legally join in the compact, | ||
which reads as follows: | ||
LICENSED PROFESSIONAL COUNSELORS COMPACT | ||
SECTION 1: PURPOSE | ||
The purpose of this Compact is to facilitate interstate practice of | ||
Licensed Professional Counselors with the goal of improving public | ||
access to Professional Counseling services. The practice of | ||
Professional Counseling occurs in the State where the client is | ||
located at the time of the counseling services. The Compact | ||
preserves the regulatory authority of States to protect public | ||
health and safety through the current system of State licensure. | ||
This Compact is designed to achieve the following objectives: | ||
A. Increase public access to Professional Counseling | ||
services by providing for the mutual recognition of other Member | ||
State licenses; | ||
B. Enhance the States' ability to protect the public's | ||
health and safety; | ||
C. Encourage the cooperation of Member States in regulating | ||
multistate practice for Licensed Professional Counselors; | ||
D. Support spouses of relocating Active Duty Military | ||
personnel; | ||
E. Enhance the exchange of licensure, investigative, and | ||
disciplinary information among Member States; | ||
F. Allow for the use of Telehealth technology to facilitate | ||
increased access to Professional Counseling services; | ||
G. Support the uniformity of Professional Counseling | ||
licensure requirements throughout the States to promote public | ||
safety and public health benefits; | ||
H. Invest all Member States with the authority to hold a | ||
Licensed Professional Counselor accountable for meeting all State | ||
practice laws in the State in which the client is located at the | ||
time care is rendered through the mutual recognition of Member | ||
State licenses; | ||
I. Eliminate the necessity for licenses in multiple States; | ||
and | ||
J. Provide opportunities for interstate practice by | ||
Licensed Professional Counselors who meet uniform licensure | ||
requirements. | ||
SECTION 2. DEFINITIONS | ||
As used in this Compact, and except as otherwise provided, the | ||
following definitions shall apply: | ||
A. "Active Duty Military" means full-time duty status in the | ||
active uniformed service of the United States, including members of | ||
the National Guard and Reserve on active duty orders pursuant to 10 | ||
U.S.C. Chapters 1209 and 1211. | ||
B. "Adverse Action" means any administrative, civil, equitable or | ||
criminal action permitted by a State's laws which is imposed by a | ||
licensing board or other authority against a Licensed Professional | ||
Counselor, including actions against an individual's license or | ||
Privilege to Practice such as revocation, suspension, probation, | ||
monitoring of the licensee, limitation on the licensee's practice, | ||
or any other Encumbrance on licensure affecting a Licensed | ||
Professional Counselor's authorization to practice, including | ||
issuance of a cease and desist action. | ||
C. "Alternative Program" means a non-disciplinary monitoring or | ||
practice remediation process approved by a Professional Counseling | ||
Licensing Board to address Impaired Practitioners. | ||
D. "Continuing Competence/Education" means a requirement, as a | ||
condition of license renewal, to provide evidence of participation | ||
in, and/or completion of, educational and professional activities | ||
relevant to practice or area of work. | ||
E. "Counseling Compact Commission" or "Commission" means the | ||
national administrative body whose membership consists of all | ||
States that have enacted the Compact. | ||
F. "Current Significant Investigative Information" means: | ||
1. Investigative Information that a Licensing Board, after | ||
a preliminary inquiry that includes notification and an opportunity | ||
for the Licensed Professional Counselor to respond, if required by | ||
State law, has reason to believe is not groundless and, if proved | ||
true, would indicate more than a minor infraction; or | ||
2. Investigative Information that indicates that the | ||
Licensed Professional Counselor represents an immediate threat to | ||
public health and safety regardless of whether the Licensed | ||
Professional Counselor has been notified and had an opportunity to | ||
respond. | ||
G. "Data System" means a repository of information about | ||
Licensees, including, but not limited to, continuing education, | ||
examination, licensure, investigative, Privilege to Practice and | ||
Adverse Action information. | ||
H. "Encumbered License" means a license in which an Adverse Action | ||
restricts the practice of licensed Professional Counseling by the | ||
Licensee and said Adverse Action has been reported to the National | ||
Practitioners Data Bank (NPDB). | ||
I. "Encumbrance" means a revocation or suspension of, or any | ||
limitation on, the full and unrestricted practice of Licensed | ||
Professional Counseling by a Licensing Board. | ||
J. "Executive Committee" means a group of directors elected or | ||
appointed to act on behalf of, and within the powers granted to them | ||
by, the Commission. | ||
K. "Home State" means the Member State that is the Licensee's | ||
primary State of residence. | ||
L. "Impaired Practitioner" means an individual who has a | ||
condition(s) that may impair their ability to practice as a | ||
Licensed Professional Counselor without some type of intervention | ||
and may include, but are not limited to, alcohol and drug | ||
dependence, mental health impairment, and neurological or | ||
physical impairments. | ||
M. "Investigative Information" means information, records, and | ||
documents received or generated by a Professional Counseling | ||
Licensing Board pursuant to an investigation. | ||
N. "Jurisprudence Requirement" if required by a Member State, | ||
means the assessment of an individual's knowledge of the laws and | ||
Rules governing the practice of Professional Counseling in a State. | ||
O. "Licensed Professional Counselor" means a counselor licensed | ||
by a Member State, regardless of the title used by that State, to | ||
independently assess, diagnose, and treat behavioral health | ||
conditions. | ||
P. "Licensee" means an individual who currently holds an | ||
authorization from the State to practice as a Licensed Professional | ||
Counselor. | ||
Q. "Licensing Board" means the agency of a State, or equivalent, | ||
that is responsible for the licensing and regulation of Licensed | ||
Professional Counselors. | ||
R. Member State" means a State that has enacted the Compact. | ||
S. "Privilege to Practice" means a legal authorization, which is | ||
equivalent to a license, permitting the practice of Professional | ||
Counseling in a Remote State. | ||
T. "Professional Counseling" means the assessment, diagnosis, and | ||
treatment of behavioral health conditions by a Licensed | ||
Professional Counselor. | ||
U. "Remote State" means a Member State other than the Home State, | ||
where a Licensee is exercising or seeking to exercise the Privilege | ||
to Practice. | ||
V. "Rule" means a regulation promulgated by the Commission that | ||
has the force of law. | ||
W. "Single State License" means a Licensed Professional Counselor | ||
license issued by a Member State that authorizes practice only | ||
within the issuing State and does not include a Privilege to | ||
Practice in any other Member State. | ||
X. "State" means any state, commonwealth, district, or territory | ||
of the United States of America that regulates the practice of | ||
Professional Counseling. | ||
Y. "Telehealth" means the application of telecommunication | ||
technology to deliver Professional Counseling services remotely to | ||
assess, diagnose, and treat behavioral health conditions. | ||
Z. "Unencumbered License" means a license that authorizes a | ||
Licensed Professional Counselor to engage in the full and | ||
unrestricted practice of Professional Counseling. | ||
SECTION 3. STATE PARTICIPATION IN THE COMPACT | ||
A. To Participate in the Compact, a State must currently: | ||
1. License and regulate Licensed Professional Counselors; | ||
2. Require Licensees to pass a nationally recognized exam | ||
approved by the Commission; | ||
3. Require Licensees to have a 60 semester-hour (or 90 | ||
quarter-hour) master's degree in counseling or 60 semester-hours | ||
(or 90 quarter-hours) of graduate course work including the | ||
following topic areas: | ||
a. Professional Counseling Orientation and Ethical | ||
Practice; | ||
b. Social and Cultural Diversity; | ||
c. Human Growth and Development; | ||
d. Career Development; | ||
e. Counseling and Helping Relationships; | ||
f. Group Counseling and Group Work; | ||
g. Diagnosis and Treatment; Assessment and Testing; | ||
h. Research and Program Evaluation; and | ||
i. Other areas as determined by the Commission. | ||
4. Require Licensees to complete a supervised postgraduate | ||
professional experience as defined by the Commission; | ||
5. Have a mechanism in place for receiving and investigating | ||
complaints about Licensees. | ||
B. A Member State shall: | ||
1. Participate fully in the Commission's Data System, | ||
including using the Commission's unique identifier as defined in | ||
Rules; | ||
2. Notify the Commission, in compliance with the terms of | ||
the Compact and Rules, of any Adverse Action or the availability of | ||
Investigative Information regarding a Licensee; | ||
3. Implement or utilize procedures for considering the | ||
criminal history records of applicants for an initial Privilege to | ||
Practice. These procedures shall include the submission of | ||
fingerprints or other biometric-based information by applicants | ||
for the purpose of obtaining an applicant's criminal history record | ||
information from the Federal Bureau of Investigation and the agency | ||
responsible for retaining that State's criminal records; | ||
a. A member state must fully implement a criminal | ||
background check requirement, within a time frame established by | ||
rule, by receiving the results of the Federal Bureau of | ||
Investigation record search and shall use the results in making | ||
licensure decisions. | ||
b. Communication between a Member State, the | ||
Commission and among Member States regarding the verification of | ||
eligibility for licensure through the Compact shall not include any | ||
information received from the Federal Bureau of Investigation | ||
relating to a federal criminal records check performed by a Member | ||
State under Public Law 92-544. | ||
4. Comply with the Rules of the Commission; | ||
5. Require an applicant to obtain or retain a license in the | ||
Home State and meet the Home State's qualifications for licensure | ||
or renewal of licensure, as well as all other applicable State laws; | ||
6. Grant the Privilege to Practice to a Licensee holding a | ||
valid Unencumbered License in another Member State in accordance | ||
with the terms of the Compact and Rules; and | ||
7. Provide for the attendance of the State's commissioner to | ||
the Counseling Compact Commission meetings. | ||
C. Member States may charge a fee for granting the Privilege to | ||
Practice. | ||
D. Individuals not residing in a Member State shall continue to be | ||
able to apply for a Member State's Single State License as provided | ||
under the laws of each Member State. However, the Single State | ||
License granted to these individuals shall not be recognized as | ||
granting a Privilege to Practice Professional Counseling in any | ||
other Member State. | ||
E. Nothing in this Compact shall affect the requirements | ||
established by a Member State for the issuance of a Single State | ||
License. | ||
F. A license issued to a Licensed Professional Counselor by a Home | ||
State to a resident in that State shall be recognized by each Member | ||
State as authorizing a Licensed Professional Counselor to practice | ||
Professional Counseling, under a Privilege to Practice, in each | ||
Member State. | ||
SECTION 4. PRIVILEGE TO PRACTICE | ||
A. To exercise the Privilege to Practice under the terms and | ||
provisions of the Compact, the Licensee shall: | ||
1. Hold a license in the Home State; | ||
2. Have a valid United States Social Security Number or | ||
National Practitioner Identifier; | ||
3. Be eligible for a Privilege to Practice in any Member | ||
State in accordance with Section 4(D), (G) and (H); | ||
4. Have not had any Encumbrance or restriction against any | ||
license or Privilege to Practice within the previous two (2) years; | ||
5. Notify the Commission that the Licensee is seeking the | ||
Privilege to Practice within a Remote State(s); | ||
6. Pay any applicable fees, including any State fee, for the | ||
Privilege to Practice; | ||
7. Meet any Continuing Competence/Education requirements | ||
established by the Home State; | ||
8. Meet any Jurisprudence Requirements established by the | ||
Remote State(s) in which the Licensee is seeking a Privilege to | ||
Practice; and | ||
9. Report to the Commission any Adverse Action, | ||
Encumbrance, or restriction on license taken by any non-Member | ||
State within 30 days from the date the action is taken. | ||
B. The Privilege to Practice is valid until the expiration date of | ||
the Home State license. The Licensee must comply with the | ||
requirements of Section 4(A) to maintain the Privilege to Practice | ||
in the Remote State. | ||
C. A Licensee providing Professional Counseling in a Remote State | ||
under the Privilege to Practice shall adhere to the laws and | ||
regulations of the Remote State. | ||
D. A Licensee providing Professional Counseling services in a | ||
Remote State is subject to that State's regulatory authority. A | ||
Remote State may, in accordance with due process and that State's | ||
laws, remove a Licensee's Privilege to Practice in the Remote State | ||
for a specific period of time, impose fines, and/or take any other | ||
necessary actions to protect the health and safety of its citizens. | ||
The Licensee may be ineligible for a Privilege to Practice in any | ||
Member State until the specific time for removal has passed and all | ||
fines are paid. | ||
E. If a Home State license is encumbered, the Licensee shall lose | ||
the Privilege to Practice in any Remote State until the following | ||
occur: | ||
1. The Home State license is no longer encumbered; and | ||
2. Have not had any Encumbrance or restriction against any | ||
license or Privilege to Practice within the previous two (2) years. | ||
F. Once an Encumbered License in the Home State is restored to good | ||
standing, the Licensee must meet the requirements of Section 4(A) | ||
to obtain a Privilege to Practice in any Remote State. | ||
G. If a Licensee's Privilege to Practice in any Remote State is | ||
removed, the individual may lose the Privilege to Practice in all | ||
other Remote States until the following occur: | ||
1. The specific period of time for which the Privilege to | ||
Practice was removed has ended; | ||
2. All fines have been paid; and | ||
3. Have not had any Encumbrance or restriction against any | ||
license or Privilege to Practice within the previous two (2) years. | ||
H. Once the requirements of Section 4(G) have been met, the | ||
Licensee must meet the requirements in Section 4(A) to obtain a | ||
Privilege to Practice in a Remote State. | ||
SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE | ||
TO PRACTICE | ||
A. A Licensed Professional Counselor may hold a Home State | ||
license, which allows for a Privilege to Practice in other Member | ||
States, in only one Member State at a time. | ||
B. If a Licensed Professional Counselor changes primary State of | ||
residence by moving between two Member States: | ||
1. The Licensed Professional Counselor shall file an | ||
application for obtaining a new Home State license based on a | ||
Privilege to Practice, pay all applicable fees, and notify the | ||
current and new Home State in accordance with applicable Rules | ||
adopted by the Commission. | ||
2. Upon receipt of an application for obtaining a new Home | ||
State license by virtue of a Privilege to Practice, the new Home | ||
State shall verify that the Licensed Professional Counselor meets | ||
the pertinent criteria outlined in Section 4 via the Data System, | ||
without need for primary source verification except for: | ||
a. a Federal Bureau of Investigation fingerprint based | ||
criminal background check if not previously performed or updated | ||
pursuant to applicable rules adopted by the Commission in | ||
accordance with Public Law 92-544; | ||
b. other criminal background check as required by the | ||
new Home State; and | ||
c. completion of any requisite Jurisprudence | ||
Requirements of the new Home State. | ||
3. The former Home State shall convert the former Home State | ||
license into a Privilege to Practice once the new Home State has | ||
activated the new Home State license in accordance with applicable | ||
Rules adopted by the Commission. | ||
4. Notwithstanding any other provision of this Compact, if | ||
the Licensed Professional Counselor cannot meet the criteria in | ||
Section 4, the new Home State may apply its requirements for issuing | ||
a new Single State License. | ||
5. The Licensed Professional Counselor shall pay all | ||
applicable fees to the new Home State in order to be issued a new | ||
Home State license. | ||
C. If a Licensed Professional Counselor changes Primary State of | ||
Residence by moving from a Member State to a non-Member State, or | ||
from a non-Member State to a Member State, the State criteria shall | ||
apply for issuance of a Single State License in the new State. | ||
D. Nothing in this Compact shall interfere with a Licensee's | ||
ability to hold a Single State License in multiple States, however | ||
for the purposes of this Compact, a Licensee shall have only one | ||
Home State license. | ||
E. Nothing in this Compact shall affect the requirements | ||
established by a Member State for the issuance of a Single State | ||
License. | ||
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES | ||
Active Duty Military personnel, or their spouse, shall designate a | ||
Home State where the individual has a current license in good | ||
standing. The individual may retain the Home State designation | ||
during the period the service member is on active duty. Subsequent | ||
to designating a Home State, the individual shall only change their | ||
Home State through application for licensure in the new State, or | ||
through the process outlined in Section 5. | ||
SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH | ||
A. Member States shall recognize the right of a Licensed | ||
Professional Counselor, licensed by a Home State in accordance with | ||
Section 3 and under Rules promulgated by the Commission, to | ||
practice Professional Counseling in any Member State via Telehealth | ||
under a Privilege to Practice as provided in the Compact and Rules | ||
promulgated by the Commission. | ||
B. A Licensee providing Professional Counseling services in a | ||
Remote State under the Privilege to Practice shall adhere to the | ||
laws and regulations of the Remote State. | ||
SECTION 8. ADVERSE ACTIONS | ||
A. In addition to the other powers conferred by State law, a Remote | ||
State shall have the authority, in accordance with existing State | ||
due process law, to: | ||
1. Take Adverse Action against a Licensed Professional | ||
Counselor's Privilege to Practice within that Member State, and | ||
2. Issue subpoenas for both hearings and investigations | ||
that require the attendance and testimony of witnesses as well as | ||
the production of evidence. Subpoenas issued by a Licensing Board | ||
in a Member State for the attendance and testimony of witnesses or | ||
the production of evidence from another Member State shall be | ||
enforced in the latter State by any court of competent | ||
jurisdiction, according to the practice and procedure of that court | ||
applicable to subpoenas issued in proceedings pending before it. | ||
The issuing authority shall pay any witness fees, travel expenses, | ||
mileage, and other fees required by the service statutes of the | ||
State in which the witnesses or evidence are located. | ||
3. Only the Home State shall have the power to take Adverse | ||
Action against a Licensed Professional Counselor's license issued | ||
by the Home State. | ||
B. For purposes of taking Adverse Action, the Home State shall | ||
give the same priority and effect to reported conduct received from | ||
a Member State as it would if the conduct had occurred within the | ||
Home State. In so doing, the Home State shall apply its own State | ||
laws to determine appropriate action. | ||
C. The Home State shall complete any pending investigations of a | ||
Licensed Professional Counselor who changes primary State of | ||
residence during the course of the investigations. The Home State | ||
shall also have the authority to take appropriate action(s) and | ||
shall promptly report the conclusions of the investigations to the | ||
administrator of the Data System. The administrator of the | ||
coordinated licensure information system shall promptly notify the | ||
new Home State of any Adverse Actions. | ||
D. A Member State, if otherwise permitted by State law, may | ||
recover from the affected Licensed Professional Counselor the costs | ||
of investigations and dispositions of cases resulting from any | ||
Adverse Action taken against that Licensed Professional Counselor. | ||
E. A Member State may take Adverse Action based on the factual | ||
findings of the Remote State, provided that the Member State | ||
follows its own procedures for taking the Adverse Action. | ||
F. Joint Investigations: | ||
1. In addition to the authority granted to a Member State by | ||
its respective Professional Counseling practice act or other | ||
applicable State law, any Member State may participate with other | ||
Member States in joint investigations of Licensees. | ||
2. Member States shall share any investigative, litigation, | ||
or compliance materials in furtherance of any joint or individual | ||
investigation initiated under the Compact. | ||
G. If Adverse Action is taken by the Home State against the license | ||
of a Licensed Professional Counselor, the Licensed Professional | ||
Counselor's Privilege to Practice in all other Member States shall | ||
be deactivated until all Encumbrances have been removed from the | ||
State license. All Home State disciplinary orders that impose | ||
Adverse Action against the license of a Licensed Professional | ||
Counselor shall include a Statement that the Licensed Professional | ||
Counselor's Privilege to Practice is deactivated in all Member | ||
States during the pendency of the order. | ||
H. If a Member State takes Adverse Action, it shall promptly | ||
notify the administrator of the Data System. The administrator of | ||
the Data System shall promptly notify the Home State of any Adverse | ||
Actions by Remote States. | ||
I. Nothing in this Compact shall override a Member State's | ||
decision that participation in an Alternative Program may be used | ||
in lieu of Adverse Action. | ||
SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION | ||
A. The Compact Member States hereby create and establish a joint | ||
public agency known as the Counseling Compact Commission: | ||
1. The Commission is an instrumentality of the Compact | ||
States. | ||
2. Venue is proper and judicial proceedings by or against | ||
the Commission shall be brought solely and exclusively in a court of | ||
competent jurisdiction where the principal office of the Commission | ||
is located. The Commission may waive venue and jurisdictional | ||
defenses to the extent it adopts or consents to participate in | ||
alternative dispute resolution proceedings. | ||
3. Nothing in this Compact shall be construed to be a waiver | ||
of sovereign immunity. | ||
B. Membership, Voting, and Meetings | ||
1. Each Member State shall have and be limited to one (1) | ||
delegate selected by that Member State's Licensing Board. | ||
2. The delegate shall be either: | ||
a. A current member of the Licensing Board at the time | ||
of appointment, who is a Licensed Professional Counselor or public | ||
member; or | ||
b. An administrator of the Licensing Board. | ||
3. Any delegate may be removed or suspended from office as | ||
provided by the law of the State from which the delegate is | ||
appointed. | ||
4. The Member State Licensing Board shall fill any vacancy | ||
occurring on the Commission within 60 days. | ||
5. Each delegate shall be entitled to one (1) vote with | ||
regard to the promulgation of Rules and creation of bylaws and shall | ||
otherwise have an opportunity to participate in the business and | ||
affairs of the Commission. | ||
6. A delegate shall vote in person or by such other means as | ||
provided in the bylaws. The bylaws may provide for delegates' | ||
participation in meetings by telephone or other means of | ||
communication. | ||
7. The Commission shall meet at least once during each | ||
calendar year. Additional meetings shall be held as set forth in | ||
the bylaws. | ||
8. The Commission shall by Rule establish a term of office | ||
for delegates and may by Rule establish term limits. | ||
C. The Commission shall have the following powers and duties: | ||
1. Establish the fiscal year of the Commission; | ||
2. Establish bylaws; | ||
3. Maintain its financial records in accordance with the | ||
bylaws; | ||
4. Meet and take such actions as are consistent with the | ||
provisions of this Compact and the bylaws; | ||
5. Promulgate Rules which shall be binding to the extent and | ||
in the manner provided for in the Compact; | ||
6. Bring and prosecute legal proceedings or actions in the | ||
name of the Commission, provided that the standing of any State | ||
Licensing Board to sue or be sued under applicable law shall not be | ||
affected; | ||
7. Purchase and maintain insurance and bonds; | ||
8. Borrow, accept, or contract for services of personnel, | ||
including, but not limited to, employees of a Member State; | ||
9. Hire employees, elect or appoint officers, fix | ||
compensation, define duties, grant such individuals appropriate | ||
authority to carry out the purposes of the Compact, and establish | ||
the Commission's personnel policies and programs relating to | ||
conflicts of interest, qualifications of personnel, and other | ||
related personnel matters; | ||
10. Accept any and all appropriate donations and grants of | ||
money, equipment, supplies, materials, and services, and to | ||
receive, utilize, and dispose of the same; provided that at all | ||
times the Commission shall avoid any appearance of impropriety | ||
and/or conflict of interest; | ||
11. Lease, purchase, accept appropriate gifts or donations | ||
of, or otherwise to own, hold, improve or use, any property, real, | ||
personal or mixed; provided that at all times the Commission shall | ||
avoid any appearance of impropriety; | ||
12. Sell convey, mortgage, pledge, lease, exchange, | ||
abandon, or otherwise dispose of any property real, personal, or | ||
mixed; | ||
13. Establish a budget and make expenditures; | ||
14. Borrow money; | ||
15. Appoint committees, including standing committees | ||
composed of members, State regulators, State legislators or their | ||
representatives, and consumer representatives, and such other | ||
interested persons as may be designated in this Compact and the | ||
bylaws; | ||
16. Provide and receive information from, and cooperate | ||
with, law enforcement agencies; | ||
17. Establish and elect an Executive Committee; and | ||
18. Perform such other functions as may be necessary or | ||
appropriate to achieve the purposes of this Compact consistent with | ||
the State regulation of Professional Counseling licensure and | ||
practice. | ||
D. The Executive Committee | ||
1. The Executive Committee shall have the power to act on | ||
behalf of the Commission according to the terms of this Compact. | ||
2. The Executive Committee shall be composed of up to eleven | ||
(11) members: | ||
a. Seven voting members who are elected by the | ||
Commission from the current membership of the Commission; and | ||
b. Up to four (4) ex-officio, nonvoting members from | ||
four (4) recognized national professional counselor organizations. | ||
c. The ex-officio members will be selected by their | ||
respective organizations. | ||
3. The Commission may remove any member of the Executive | ||
Committee as provided in bylaws. | ||
4. The Executive Committee shall meet at least annually. | ||
5. The Executive Committee shall have the following duties | ||
and responsibilities: | ||
a. Recommend to the entire Commission changes to the | ||
Rules or bylaws, changes to this Compact legislation, fees paid by | ||
Compact Member States such as annual dues, and any Commission | ||
Compact fee charged to Licensees for the Privilege to Practice; | ||
b. Ensure Compact administration services are | ||
appropriately provided, contractual or otherwise; | ||
c. Prepare and recommend the budget; | ||
d. Maintain financial records on behalf of the | ||
Commission; | ||
e. Monitor Compact compliance of Member States and | ||
provide compliance reports to the Commission; | ||
f. Establish additional committees as necessary; and | ||
g. Other duties as provided in Rules or bylaws. | ||
E. Meetings of the Commission | ||
1. All meetings shall be open to the public, and public | ||
notice of meetings shall be given in the same manner as required | ||
under the Rulemaking provisions in Section 11. | ||
2. The Commission or the Executive Committee or other | ||
committees of the Commission may convene in a closed, non-public | ||
meeting if the Commission or Executive Committee or other | ||
committees of the Commission must discuss: | ||
a. Non-compliance of a Member State with its | ||
obligations under the Compact; | ||
b. The employment, compensation, discipline or other | ||
matters, practices or procedures related to specific employees or | ||
other matters related to the Commission's internal personnel | ||
practices and procedures; | ||
c. Current, threatened, or reasonably anticipated | ||
litigation; | ||
d. Negotiation of contracts for the purchase, lease, | ||
or sale of goods, services, or real estate; | ||
e. Accusing any person of a crime or formally | ||
censuring any person; | ||
f. Disclosure of trade secrets or commercial or | ||
financial information that is privileged or confidential; | ||
g. Disclosure of information of a personal nature | ||
where disclosure would constitute a clearly unwarranted invasion of | ||
personal privacy; | ||
h. Disclosure of investigative records compiled for | ||
law enforcement purposes; | ||
i. Disclosure of information related to any | ||
investigative reports prepared by or on behalf of or for use of the | ||
Commission or other committee charged with responsibility of | ||
investigation or determination of compliance issues pursuant to the | ||
Compact; or | ||
j. Matters specifically exempted from disclosure by | ||
federal or Member State statute. | ||
3. If a meeting, or portion of a meeting, is closed pursuant | ||
to this provision, the Commission's legal counsel or designee shall | ||
certify that the meeting may be closed and shall reference each | ||
relevant exempting provision. | ||
4. The Commission shall keep minutes that fully and clearly | ||
describe all matters discussed in a meeting and shall provide a full | ||
and accurate summary of actions taken, and the reasons therefore, | ||
including a description of the views expressed. All documents | ||
considered in connection with an action shall be identified in such | ||
minutes. All minutes and documents of a closed meeting shall remain | ||
under seal, subject to release by a majority vote of the Commission | ||
or order of a court of competent jurisdiction. | ||
F. Financing of the Commission | ||
1. The Commission shall pay, or provide for the payment of, | ||
the reasonable expenses of its establishment, organization, and | ||
ongoing activities. | ||
2. The Commission may accept any and all appropriate revenue | ||
sources, donations, and grants of money, equipment, supplies, | ||
materials, and services. | ||
3. The Commission may levy on and collect an annual | ||
assessment from each Member State or impose fees on other parties to | ||
cover the cost of the operations and activities of the Commission | ||
and its staff, which must be in a total amount sufficient to cover | ||
its annual budget as approved each year for which revenue is not | ||
provided by other sources. The aggregate annual assessment amount | ||
shall be allocated based upon a formula to be determined by the | ||
Commission, which shall promulgate a Rule binding upon all Member | ||
States. | ||
4. The Commission shall not incur obligations of any kind | ||
prior to securing the funds adequate to meet the same; nor shall the | ||
Commission pledge the credit of any of the Member States, except by | ||
and with the authority of the Member State. | ||
5. The Commission shall keep accurate accounts of all | ||
receipts and disbursements. The receipts and disbursements of the | ||
Commission shall be subject to the audit and accounting procedures | ||
established under its bylaws. However, all receipts and | ||
disbursements of funds handled by the Commission shall be audited | ||
yearly by a certified or licensed public accountant, and the report | ||
of the audit shall be included in and become part of the annual | ||
report of the Commission. | ||
G. Qualified Immunity, Defense, and Indemnification | ||
1. The members, officers, executive director, employees and | ||
representatives of the Commission shall be immune from suit and | ||
liability, either personally or in their official capacity, for any | ||
claim for damage to or loss of property or personal injury or other | ||
civil liability caused by or arising out of any actual or alleged | ||
act, error or omission that occurred, or that the person against | ||
whom the claim is made had a reasonable basis for believing occurred | ||
within the scope of Commission employment, duties or | ||
responsibilities; provided that nothing in this paragraph shall be | ||
construed to protect any such person from suit and/or liability for | ||
any damage, loss, injury, or liability caused by the intentional or | ||
willful or wanton misconduct of that person. | ||
2. The Commission shall defend any member, officer, | ||
executive director, employee or representative of the Commission in | ||
any civil action seeking to impose liability arising out of any | ||
actual or alleged act, error, or omission that occurred within the | ||
scope of Commission employment, duties, or responsibilities, or | ||
that the person against whom the claim is made had a reasonable | ||
basis for believing occurred within the scope of Commission | ||
employment, duties, or responsibilities; provided that nothing | ||
herein shall be construed to prohibit that person from retaining | ||
his or her own counsel; and provided further, that the actual or | ||
alleged act, error, or omission did not result from that person's | ||
intentional or willful or wanton misconduct. | ||
3. The Commission shall indemnify and hold harmless any | ||
member, officer, executive director, employee, or representative | ||
of the Commission for the amount of any settlement or judgment | ||
obtained against that person arising out of any actual or alleged | ||
act, error, or omission that occurred within the scope of | ||
Commission employment, duties, or responsibilities, or that such | ||
person had a reasonable basis for believing occurred within the | ||
scope of Commission employment, duties, or responsibilities, | ||
provided that the actual or alleged act, error, or omission did not | ||
result from the intentional or willful or wanton misconduct of that | ||
person. | ||
SECTION 10. DATA SYSTEM | ||
A. The Commission shall provide for the development, maintenance, | ||
operation, and utilization of a coordinated database and reporting | ||
system containing licensure, Adverse Action, and Investigative | ||
Information on all licensed individuals in Member States. | ||
B. Notwithstanding any other provision of State law to the | ||
contrary, a Member State shall submit a uniform data set to the Data | ||
System on all individuals to whom this Compact is applicable as | ||
required by the Rules of the Commission, including: | ||
1. Identifying information; | ||
2. Licensure data; | ||
3. Adverse Actions against a license or Privilege to | ||
Practice; | ||
4. Non-confidential information related to Alternative | ||
Program participation; | ||
5. Any denial of application for licensure, and the | ||
reason(s) for such denial; | ||
6. Current Significant Investigative Information; and | ||
7. Other information that may facilitate the administration | ||
of this Compact, as determined by the Rules of the Commission. | ||
C. Investigative Information pertaining to a Licensee in any | ||
Member State will only be available to other Member States. | ||
D. The Commission shall promptly notify all Member States of any | ||
Adverse Action taken against a Licensee or an individual applying | ||
for a license. Adverse Action information pertaining to a Licensee | ||
in any Member State will be available to any other Member State. | ||
E. Member States contributing information to the Data System may | ||
designate information that may not be shared with the public | ||
without the express permission of the contributing State. | ||
F. Any information submitted to the Data System that is | ||
subsequently required to be expunged by the laws of the Member State | ||
contributing the information shall be removed from the Data System. | ||
SECTION 11. RULEMAKING | ||
A. The Commission shall promulgate reasonable Rules in order to | ||
effectively and efficiently achieve the purpose of the Compact. | ||
Notwithstanding the foregoing, in the event the Commission | ||
exercises its Rulemaking authority in a manner that is beyond the | ||
scope of the purposes of the Compact, or the powers granted | ||
hereunder, then such an action by the Commission shall be invalid | ||
and have no force or effect. | ||
B. The Commission shall exercise its Rulemaking powers pursuant to | ||
the criteria set forth in this Section and the Rules adopted | ||
thereunder. Rules and amendments shall become binding as of the | ||
date specified in each Rule or amendment. | ||
C. If a majority of the legislatures of the Member States rejects a | ||
Rule, by enactment of a statute or resolution in the same manner | ||
used to adopt the Compact within four (4) years of the date of | ||
adoption of the Rule, then such Rule shall have no further force and | ||
effect in any Member State. | ||
D. Rules or amendments to the Rules shall be adopted at a regular | ||
or special meeting of the Commission. | ||
E. Prior to promulgation and adoption of a final Rule or Rules by | ||
the Commission, and at least thirty (30) days in advance of the | ||
meeting at which the Rule will be considered and voted upon, the | ||
Commission shall file a Notice of Proposed Rulemaking: | ||
1. On the website of the Commission or other publicly | ||
accessible platform; and | ||
2. On the website of each Member State Professional | ||
Counseling Licensing Board or other publicly accessible platform or | ||
the publication in which each State would otherwise publish | ||
proposed Rules. | ||
F. The Notice of Proposed Rulemaking shall include: | ||
1. The proposed time, date, and location of the meeting in | ||
which the Rule will be considered and voted upon; | ||
2. The text of the proposed Rule or amendment and the reason | ||
for the proposed Rule; | ||
3. A request for comments on the proposed Rule from any | ||
interested person; and | ||
4. The manner in which interested persons may submit notice | ||
to the Commission of their intention to attend the public hearing | ||
and any written comments. | ||
G. Prior to adoption of a proposed Rule, the Commission shall | ||
allow persons to submit written data, facts, opinions, and | ||
arguments, which shall be made available to the public. | ||
H. The Commission shall grant an opportunity for a public hearing | ||
before it adopts a Rule or amendment if a hearing is requested by: | ||
1. At least twenty-five (25) persons; | ||
2. A State or federal governmental subdivision or agency; or | ||
3. An association having at least twenty-five (25) members. | ||
I. If a hearing is held on the proposed Rule or amendment, the | ||
Commission shall publish the place, time, and date of the scheduled | ||
public hearing. If the hearing is held via electronic means, the | ||
Commission shall publish the mechanism for access to the electronic | ||
hearing. | ||
1. All persons wishing to be heard at the hearing shall | ||
notify the executive director of the Commission or other designated | ||
member in writing of their desire to appear and testify at the | ||
hearing not less than five (5) business days before the scheduled | ||
date of the hearing. | ||
2. Hearings shall be conducted in a manner providing each | ||
person who wishes to comment a fair and reasonable opportunity to | ||
comment orally or in writing. | ||
3. All hearings will be recorded. A copy of the recording | ||
will be made available on request. | ||
4. Nothing in this section shall be construed as requiring a | ||
separate hearing on each Rule. Rules may be grouped for the | ||
convenience of the Commission at hearings required by this section. | ||
J. Following the scheduled hearing date, or by the close of | ||
business on the scheduled hearing date if the hearing was not held, | ||
the Commission shall consider all written and oral comments | ||
received. | ||
K. If no written notice of intent to attend the public hearing by | ||
interested parties is received, the Commission may proceed with | ||
promulgation of the proposed Rule without a public hearing. | ||
L. The Commission shall, by majority vote of all members, take | ||
final action on the proposed Rule and shall determine the effective | ||
date of the Rule, if any, based on the Rulemaking record and the | ||
full text of the Rule. | ||
M. Upon determination that an emergency exists, the Commission may | ||
consider and adopt an emergency Rule without prior notice, | ||
opportunity for comment, or hearing, provided that the usual | ||
Rulemaking procedures provided in the Compact and in this section | ||
shall be retroactively applied to the Rule as soon as reasonably | ||
possible, in no event later than ninety (90) days after the | ||
effective date of the Rule. For the purposes of this provision, an | ||
emergency Rule is one that must be adopted immediately in order to: | ||
1. Meet an imminent threat to public health, safety, or | ||
welfare; | ||
2. Prevent a loss of Commission or Member State funds; | ||
3. Meet a deadline for the promulgation of an administrative | ||
Rule that is established by federal law or Rule; or | ||
4. Protect public health and safety. | ||
N. The Commission or an authorized committee of the Commission may | ||
direct revisions to a previously adopted Rule or amendment for | ||
purposes of correcting typographical errors, errors in format, | ||
errors in consistency, or grammatical errors. Public notice of any | ||
revisions shall be posted on the website of the Commission. The | ||
revision shall be subject to challenge by any person for a period of | ||
thirty (30) days after posting. The revision may be challenged only | ||
on grounds that the revision results in a material change to a Rule. | ||
A challenge shall be made in writing and delivered to the chair of | ||
the Commission prior to the end of the notice period. If no | ||
challenge is made, the revision will take effect without further | ||
action. If the revision is challenged, the revision may not take | ||
effect without the approval of the Commission. | ||
SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT | ||
A. Oversight | ||
1. The executive, legislative, and judicial branches of | ||
State government in each Member State shall enforce this Compact | ||
and take all actions necessary and appropriate to effectuate the | ||
Compact's purposes and intent. The provisions of this Compact and | ||
the Rules promulgated hereunder shall have standing as statutory | ||
law. | ||
2. All courts shall take judicial notice of the Compact and | ||
the Rules in any judicial or administrative proceeding in a Member | ||
State pertaining to the subject matter of this Compact which may | ||
affect the powers, responsibilities, or actions of the Commission. | ||
3. The Commission shall be entitled to receive service of | ||
process in any such proceeding and shall have standing to intervene | ||
in such a proceeding for all purposes. Failure to provide service | ||
of process to the Commission shall render a judgment or order void | ||
as to the Commission, this Compact, or promulgated Rules. | ||
B. Default, Technical Assistance, and Termination | ||
1. If the Commission determines that a Member State has | ||
defaulted in the performance of its obligations or responsibilities | ||
under this Compact or the promulgated Rules, the Commission shall: | ||
a. Provide written notice to the defaulting State and | ||
other Member States of the nature of the default, the proposed means | ||
of curing the default and/or any other action to be taken by the | ||
Commission; and | ||
b. Provide remedial training and specific technical | ||
assistance regarding the default. | ||
C. If a State in default fails to cure the default, the defaulting | ||
State may be terminated from the Compact upon an affirmative vote of | ||
a majority of the Member States, and all rights, privileges and | ||
benefits conferred by this Compact may be terminated on the | ||
effective date of termination. A cure of the default does not | ||
relieve the offending State of obligations or liabilities incurred | ||
during the period of default. | ||
D. Termination of membership in the Compact shall be imposed only | ||
after all other means of securing compliance have been exhausted. | ||
Notice of intent to suspend or terminate shall be given by the | ||
Commission to the governor, the majority and minority leaders of | ||
the defaulting State's legislature, and each of the Member States. | ||
E. A State that has been terminated is responsible for all | ||
assessments, obligations, and liabilities incurred through the | ||
effective date of termination, including obligations that extend | ||
beyond the effective date of termination. | ||
F. The Commission shall not bear any costs related to a State that | ||
is found to be in default or that has been terminated from the | ||
Compact, unless agreed upon in writing between the Commission and | ||
the defaulting State. | ||
G. The defaulting State may appeal the action of the Commission by | ||
petitioning the U.S. District Court for the District of Columbia or | ||
the federal district where the Commission has its principal | ||
offices. The prevailing member shall be awarded all costs of such | ||
litigation, including reasonable attorney's fees. | ||
H. Dispute Resolution | ||
1. Upon request by a Member State, the Commission shall | ||
attempt to resolve disputes related to the Compact that arise among | ||
Member States and between member and non-Member States. | ||
2. The Commission shall promulgate a Rule providing for both | ||
mediation and binding dispute resolution for disputes as | ||
appropriate. | ||
I. Enforcement | ||
1. The Commission, in the reasonable exercise of its | ||
discretion, shall enforce the provisions and Rules of this Compact. | ||
2. By majority vote, the Commission may initiate legal | ||
action in the United States District Court for the District of | ||
Columbia or the federal district where the Commission has its | ||
principal offices against a Member State in default to enforce | ||
compliance with the provisions of the Compact and its promulgated | ||
Rules and bylaws. The relief sought may include both injunctive | ||
relief and damages. In the event judicial enforcement is | ||
necessary, the prevailing member shall be awarded all costs of such | ||
litigation, including reasonable attorney's fees. | ||
3. The remedies herein shall not be the exclusive remedies | ||
of the Commission. The Commission may pursue any other remedies | ||
available under federal or State law. | ||
SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT | ||
COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT | ||
A. The Compact shall come into effect on the date on which the | ||
Compact statute is enacted into law in the tenth Member State. The | ||
provisions, which become effective at that time, shall be limited | ||
to the powers granted to the Commission relating to assembly and the | ||
promulgation of Rules. Thereafter, the Commission shall meet and | ||
exercise Rulemaking powers necessary to the implementation and | ||
administration of the Compact. | ||
B. Any State that joins the Compact subsequent to the Commission's | ||
initial adoption of the Rules shall be subject to the Rules as they | ||
exist on the date on which the Compact becomes law in that State. | ||
Any Rule that has been previously adopted by the Commission shall | ||
have the full force and effect of law on the day the Compact becomes | ||
law in that State. | ||
C. Any Member State may withdraw from this Compact by enacting a | ||
statute repealing the same. | ||
1. A Member State's withdrawal shall not take effect until | ||
six (6) months after enactment of the repealing statute. | ||
2. Withdrawal shall not affect the continuing requirement | ||
of the withdrawing State's Professional Counseling Licensing Board | ||
to comply with the investigative and Adverse Action reporting | ||
requirements of this act prior to the effective date of withdrawal. | ||
D. Nothing contained in this Compact shall be construed to | ||
invalidate or prevent any Professional Counseling licensure | ||
agreement or other cooperative arrangement between a Member State | ||
and a non-Member State that does not conflict with the provisions of | ||
this Compact. | ||
E. This Compact may be amended by the Member States. No amendment | ||
to this Compact shall become effective and binding upon any Member | ||
State until it is enacted into the laws of all Member States. | ||
SECTION 14. CONSTRUCTION AND SEVERABILITY | ||
This Compact shall be liberally construed so as to effectuate the | ||
purposes thereof. The provisions of this Compact shall be | ||
severable and if any phrase, clause, sentence or provision of this | ||
Compact is declared to be contrary to the constitution of any Member | ||
State or of the United States or the applicability thereof to any | ||
government, agency, person or circumstance is held invalid, the | ||
validity of the remainder of this Compact and the applicability | ||
thereof to any government, agency, person or circumstance shall not | ||
be affected thereby. If this Compact shall be held contrary to the | ||
constitution of any Member State, the Compact shall remain in full | ||
force and effect as to the remaining Member States and in full force | ||
and effect as to the Member State affected as to all severable | ||
matters. | ||
SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS | ||
A. A Licensee providing Professional Counseling services in a | ||
Remote State under the Privilege to Practice shall adhere to the | ||
laws and regulations, including scope of practice, of the Remote | ||
State. | ||
B. Nothing herein prevents the enforcement of any other law of a | ||
Member State that is not inconsistent with the Compact. | ||
C. Any laws in a Member State in conflict with the Compact are | ||
superseded to the extent of the conflict. | ||
D. Any lawful actions of the Commission, including all Rules and | ||
bylaws properly promulgated by the Commission, are binding upon the | ||
Member States. | ||
E. All permissible agreements between the Commission and the | ||
Member States are binding in accordance with their terms. | ||
F. In the event any provision of the Compact exceeds the | ||
constitutional limits imposed on the legislature of any Member | ||
State, the provision shall be ineffective to the extent of the | ||
conflict with the constitutional provision in question in that | ||
Member State. | ||
Sec. 503.502. ADMINISTRATION OF COMPACT. The executive | ||
council is the Licensed Professional Counselors Compact | ||
administrator for this state. | ||
Sec. 503.503. RULES. The executive council may adopt rules | ||
necessary to implement this subchapter. | ||
SECTION 2. This Act takes effect September 1, 2023. |