                                 CODE OF VIRGINIA

COUNSELING COMPACT (§ 54.1-3500.1)

The General Assembly hereby enacts, and the Commonwealth of Virginia hereby
enters into, the Counseling Compact with any and all states legally joining
therein according to its terms, in the form substantially as follows:
		COUNSELING COMPACT
		Article I. 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:

1. Increase public access to Professional Counseling services by providing for
the mutual recognition of other Member State licenses;

2. Enhance the States&#8217; ability to protect the public&#8217;s health and
safety;

3. Encourage the cooperation of Member States in regulating multistate practice
for Licensed Professional Counselors;

4. Support spouses of relocating Active Duty Military personnel;

5. Enhance the exchange of licensure, investigative, and disciplinary
information among Member States;

6. Allow for the use of Telehealth technology to facilitate increased access to
Professional Counseling services;

7. Support the uniformity of Professional Counseling licensure requirements
throughout the States to promote public safety and public health benefits;

8. 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;

9. Eliminate the necessity for licenses in multiple States; and

10. Provide opportunities for interstate practice by Licensed Professional
Counselors who meet uniform licensure requirements.
			Article II. Definitions.
			As used in this Compact, and except as otherwise provided, the following
definitions shall apply:
			&#8220;Active Duty Military&#8221; 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.
			&#8220;Adverse Action&#8221; means any administrative, civil, equitable, or
criminal action permitted by a State&#8217;s laws which is imposed by a
licensing board or other authority against a Licensed Professional Counselor,
including actions against an individual&#8217;s license or Privilege to Practice
such as revocation, suspension, probation, monitoring of the licensee,
limitation on the licensee&#8217;s practice, or any other Encumbrance on
licensure affecting a Licensed Professional Counselor&#8217;s authorization to
practice, including issuance of a cease and desist action.
			&#8220;Alternative Program&#8221; means a non-disciplinary monitoring or
practice remediation process approved by a Professional Counseling Licensing
Board to address Impaired Practitioners.
			&#8220;Continuing Competence/Education&#8221; 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.
			&#8220;Counseling Compact Commission&#8221; or &#8220;Commission&#8221; means
the national administrative body whose membership consists of all States that
have enacted the Compact.
			&#8220;Current Significant Investigative Information&#8221; 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.
			&#8220;Data System&#8221; means a repository of information about Licensees,
including, but not limited to, continuing education, examination, licensure,
investigative, Privilege to Practice, and Adverse Action information.
			&#8220;Encumbered License&#8221; 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).
			&#8220;Encumbrance&#8221; means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of Licensed Professional
Counseling by a Licensing Board.
			&#8220;Executive Committee&#8221; means a group of directors elected or
appointed to act on behalf of, and within the powers granted to them by, the
Commission.
			&#8220;Home State&#8221; means the Member State that is the Licensee&#8217;s
primary State of residence.
			&#8220;Impaired Practitioner&#8221; 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.
			&#8220;Investigative Information&#8221; means information, records, and
documents received or generated by a Professional Counseling Licensing Board
pursuant to an investigation.
			&#8220;Jurisprudence Requirement&#8221; if required by a Member State, means
the assessment of an individual&#8217;s knowledge of the laws and Rules
governing the practice of Professional Counseling in a State.
			&#8220;Licensed Professional Counselor&#8221; 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.
			&#8220;Licensee&#8221; means an individual who currently holds an
authorization from the State to practice as a Licensed Professional Counselor.
			&#8220;Licensing Board&#8221; means the agency of a State, or equivalent,
that is responsible for the licensing and regulation of Licensed Professional
Counselors.
			&#8220;Member State&#8221; means a State that has enacted the Compact.
			&#8220;Privilege to Practice&#8221; means a legal authorization, which is
equivalent to a license, permitting the practice of Professional Counseling in a
Remote State.
			&#8220;Professional Counseling&#8221; means the assessment, diagnosis, and
treatment of behavioral health conditions by a Licensed Professional Counselor.
			&#8220;Remote State&#8221; means a Member State other than the Home State,
where a Licensee is exercising or seeking to exercise the Privilege to Practice.
			&#8220;Rule&#8221; means a regulation promulgated by the Commission that has
the force of law.
			&#8220;Single State License&#8221; 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.
			&#8220;State&#8221; means any state, commonwealth, district, or territory of
the United States of America that regulates the practice of Professional
Counseling.
			&#8220;Telehealth&#8221; means the application of telecommunication
technology to deliver Professional Counseling services remotely to assess,
diagnose, and treat behavioral health conditions.
			&#8220;Unencumbered License&#8221; means a license that authorizes a Licensed
Professional Counselor to engage in the full and unrestricted practice of
Professional Counseling.
			Article III. 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&#8217;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; and

5. Have a mechanism in place for receiving and investigating complaints about
Licensees.

   B. A Member State shall:

1. Participate fully in the Commission&#8217;s Data System, including using the
Commission&#8217;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&#8217;s criminal history
record information from the Federal Bureau of Investigation and the agency
responsible for retaining that State&#8217;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&#8217;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&#8217;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&#8217;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.
   				Article IV. 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 subsections 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 subsection 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&#8217;s regulatory authority. A Remote State may, in
   accordance with due process and that State&#8217;s laws, remove a
   Licensee&#8217;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 subsection A to obtain a Privilege
   to Practice in any Remote State.

   G. If a Licensee&#8217;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 subsection G have been met, the Licensee must meet
   the requirements in subsection A to obtain a Privilege to Practice in a Remote
   State.
   				Article V. 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 Article
IV 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 Article IV, 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&#8217;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.
   				Article VI. 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 Article V.
   				Article VII. 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 Article III 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.
   				Article VIII. 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&#8217;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&#8217;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&#8217;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&#8217;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&#8217;s decision that
   participation in an Alternative Program may be used in lieu of Adverse Action.
   				Article IX. 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&#8217;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&#8217; 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&#8217;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
Article XI.

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&#8217;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&#8217;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&#8217;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.
			Article X. 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.
   				Article XI. 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 article 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 subsection 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 subsection.

   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 article 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.
   				Article XII. 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&#8217;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&#8217;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&#8217;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&#8217;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.
			Article XIII. 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&#8217;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&#8217;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&#8217;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.
   				Article XIV. 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.
   				Article XV. 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.

HISTORY: 2023, cc. 684, 685.