335.560 Counseling Compact

335.560 Counseling 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;

pond, 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;

ely 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 sixty (60) semester-hour (or ninety (90) quarter-

hour) master’s degree in counseling or sixty (60) semester-hours (or ninety

(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;

h. Assessment and Testing;

i. Research and Program Evaluation; and

j. 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 Pub. L. No. 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

ecognized 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 thirty (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. The Licensee has 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 (1) Member State at a

time.

ts 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 (1) Member State at a

time.

B. If a Licensed Professional Counselor changes primary State of residence by moving

between two (2) 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 (1) 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:

act 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.

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.

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 sixty (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

ns 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, 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 (7) 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. The ex-officio members

shall 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;

tate;

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 therefor, 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. 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, willful, or wanton misconduct of that person.

2. The Commission shall defend any member, officer, executive director,

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, 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, 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, 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 shall 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.

ission 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 shall

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 shall be recorded. A copy of the recording shall 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.

ction.

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

tates

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.

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 KRS 335.560

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.

SECTION 16: APPLICABILITY OF KENTUCKY STATE GOVERNMENT

In order to clarify the effect of certain provisions of this Compact and to ensure that the

rights and responsibilities of the various branches of government are maintained, the

following shall be in effect in this State:

A. By entering into this Compact, this State authorizes the Licensing Board as defined

in Section 2(Q) of this Compact and as created by KRS Chapter 335 to implement

the provisions of this Compact.

B. Notwithstanding any provision of this Compact to the contrary:

1. When a rule is adopted pursuant to Section 11 of this Compact, the Licensing

Board of this State as defined by Section 2(Q) of this Compact shall have

sixty (60) days to review the rule for the purpose of filing the rule as an

emergency administrative regulation pursuant to KRS 13A.190 and for filing

visions of this Compact.

B. Notwithstanding any provision of this Compact to the contrary:

1. When a rule is adopted pursuant to Section 11 of this Compact, the Licensing

Board of this State as defined by Section 2(Q) of this Compact shall have

sixty (60) days to review the rule for the purpose of filing the rule as an

emergency administrative regulation pursuant to KRS 13A.190 and for filing

the rule as an accompanying ordinary administrative regulation, following the

requirements of KRS Chapter 13A. Failure by the Licensing Board of this

State as defined by Section 2(Q) of this Compact to promulgate a rule adopted

by the Counseling Compact Commission as an administrative regulation

pursuant to KRS Chapter 13A shall result in withdrawal as set forth in Section

13 of this Compact. Nothing in these provisions shall negate the applicability

of a Commission rule or Section 11 of this Compact to this State.

2. If the proposed administrative regulation is found deficient and the deficiency

is not resolved pursuant to KRS 13A.330 or 13A.335, the provisions of

Section 12 of this Compact shall apply. If the deficiency is resolved in a

manner determined by the Commission to be inconsistent with this Compact

or its rules, or if the procedures under Section 12 of this Compact fail to

resolve an issue, the withdrawal provisions of Section 13 of this Compact

shall apply.

3. If a court of competent jurisdiction determines that the Counseling Compact

Commission created by Section 9 of this Compact exercises its Rulemaking

authority in a manner that is beyond the scope of the purposes of this

Compact, or the powers granted under this Compact, then such an action by

the Commission shall be invalid and have no force or effect.

C. Section 9(F) of this Compact pertaining to the financing of the Commission shall

not be interpreted to obligate the general fund of this State. Any funds used to

finance this Compact shall be from money collected pursuant to KRS 335.520.

D. This Compact shall apply only to those Licensed Professional Counselors who

practice or work under a Compact privilege.