Bill Text: IL SB1655 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Contains other provisions relating to state participation in the Compact. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Effective immediately.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced) 2024-04-19 - Rule 3-9(a) / Re-referred to Assignments [SB1655 Detail]

Download: Illinois-2023-SB1655-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1655 Introduced 2/8/2023, by Sen. Jil Tracy - Tom Bennett - Erica Harriss SYNOPSIS AS INTRODUCED:
New Act
Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Contains other provisions relating to state participation in the Compact. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Effective immediately.
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A BILL FOR
SB1655 LRB103 25502 AMQ 51851 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Counseling Compact Act.
Section 5. Counseling Compact. The State of Illinois
enters into the Counseling Compact in substantially the
following form with all other states joining the 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;

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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.

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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

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the national administrative body whose membership consists of
all States that have enacted the Compact.
F. "Current Significant Investigative Information" means:
1. Investigative Information that a Licensing Board,
after a preliminary inquiry that includes notification and
an opportunity for the Licensed Professional Counselor to
respond, if required by State law, has reason to believe
is not groundless and, if proved true, would indicate more
than a minor infraction; or
2. Investigative Information that indicates that the
Licensed Professional Counselor represents an immediate
threat to public health and safety regardless of whether
the Licensed Professional Counselor has been notified and
had an opportunity to respond.
G. "Data System" means a repository of information about
Licensees, including, but not limited to, continuing
education, examination, licensure, investigative, Privilege to
Practice and Adverse Action information.
H. "Encumbered License" means a license in which an
Adverse Action restricts the practice of licensed Professional
Counseling by the Licensee and said Adverse Action has been
reported to the National Practitioners Data Bank (NPDB).
I. "Encumbrance" means a revocation or suspension of, or
any limitation on, the full and unrestricted practice of
Licensed Professional Counseling by a Licensing Board.
J. "Executive Committee" means a group of directors

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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

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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

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a Licensed Professional Counselor to engage in the full and
unrestricted practice of Professional Counseling.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To Participate in the Compact, a State must currently:
1. License and regulate Licensed Professional
Counselors;
2. Require Licensees to pass a nationally recognized
exam approved by the Commission;
3. Require Licensees to have a 60 semester-hour (or 90
quarter-hour) master's degree in counseling or 60
semester-hours (or 90 quarter-hours) of graduate course
work including the following topic areas:
a. Professional Counseling Orientation and Ethical
Practice;
b. Social and Cultural Diversity;
c. Human Growth and Development;
d. Career Development;
e. Counseling and Helping Relationships;
f. Group Counseling and Group Work;
g. Diagnosis and Treatment; Assessment and
Testing;
h. Research and Program Evaluation; and
i. Other areas as determined by the Commission.
4. Require Licensees to complete a supervised
postgraduate professional experience as defined by the

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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

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verification of eligibility for licensure through the
Compact shall not include any information received
from the Federal Bureau of Investigation relating to a
federal criminal records check performed by a Member
State under Public Law 92-544.
4. Comply with the Rules of the Commission;
5. Require an applicant to obtain or retain a license
in the Home State and meet the Home State's qualifications
for licensure or renewal of licensure, as well as all
other applicable State laws;
6. Grant the Privilege to Practice to a Licensee
holding a valid Unencumbered License in another Member
State in accordance with the terms of the Compact and
Rules; and
7. Provide for the attendance of the State's
commissioner to the Counseling Compact Commission
meetings.
C. Member States may charge a fee for granting the
Privilege to Practice.
D. Individuals not residing in a Member State shall
continue to be able to apply for a Member State's Single State
License as provided under the laws of each Member State.
However, the Single State License granted to these individuals
shall not be recognized as granting a Privilege to Practice
Professional Counseling in any other Member State.
E. Nothing in this Compact shall affect the requirements

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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

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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 a license taken by any
non-Member State within 30 days from the date the action
is taken.
B. The Privilege to Practice is valid until the expiration
date of the Home State license. The Licensee must comply with
the requirements of Section 4(A) to maintain the Privilege to
Practice in the Remote State.
C. A Licensee providing Professional Counseling in a
Remote State under the Privilege to Practice shall adhere to
the laws and regulations of the Remote State.
D. A Licensee providing Professional Counseling services
in a Remote State is subject to that State's regulatory
authority. A Remote State may, in accordance with due process
and that State's laws, remove a Licensee's Privilege to
Practice in the Remote State for a specific period of time,
impose fines, and/or take any other necessary actions to
protect the health and safety of its citizens. The Licensee
may be ineligible for a Privilege to Practice in any Member
State until the specific time for removal has passed and all
fines are paid.
E. If a Home State license is encumbered, the Licensee
shall lose the Privilege to Practice in any Remote State until
the following occur:

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1. The Home State license is no longer encumbered; and
2. Have not had any Encumbrance or restriction against
any license or Privilege to Practice within the previous
two (2) years.
F. Once an Encumbered License in the Home State is
restored to good standing, the Licensee must meet the
requirements of Section 4(A) to obtain a Privilege to Practice
in any Remote State.
G. If a Licensee's Privilege to Practice in any Remote
State is removed, the individual may lose the Privilege to
Practice in all other Remote States until the following occur:
1. The specific period of time for which the Privilege
to Practice was removed has ended;
2. All fines have been paid; and
3. Have not had any Encumbrance or restriction against
any license or Privilege to Practice within the previous
two (2) years.
H. Once the requirements of Section 4(G) have been met,
the Licensee must meet the requirements in Section 4(A) to
obtain a Privilege to Practice in a Remote State.
SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A
PRIVILEGE TO PRACTICE
A. A Licensed Professional Counselor may hold a Home State
license, which allows for a Privilege to Practice in other
Member States, in only one Member State at a time.

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B. If a Licensed Professional Counselor changes primary
State of residence by moving between two Member States:
1. The Licensed Professional Counselor shall file an
application for obtaining a new Home State license based
on a Privilege to Practice, pay all applicable fees, and
notify the current and new Home State in accordance with
applicable Rules adopted by the Commission.
2. Upon receipt of an application for obtaining a new
Home State license by virtue of a Privilege to Practice,
the new Home State shall verify that the Licensed
Professional Counselor meets the pertinent criteria
outlined in Section 4 via the Data System without need for
primary source verification except for:
a. a Federal Bureau of Investigation fingerprint
based criminal background check if not previously
performed or updated pursuant to applicable rules
adopted by the Commission in accordance with Public
Law 92-544;
b. other criminal background check as required by
the new Home State; and
c. completion of any requisite Jurisprudence
Requirements of the new Home State.
3. The former Home State shall convert the former Home
State license into a Privilege to Practice once the new
Home State has activated the new Home State license in
accordance with applicable Rules adopted by the

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Commission.
4. Notwithstanding any other provision of this
Compact, if the Licensed Professional Counselor cannot
meet the criteria in Section 4, the new Home State may
apply its requirements for issuing a new Single State
License.
5. The Licensed Professional Counselor shall pay all
applicable fees to the new Home State in order to be issued
a new Home State license.
C. If a Licensed Professional Counselor changes Primary
State of Residence by moving from a Member State to a
non-Member State, or from a non-Member State to a Member
State, the State criteria shall apply for issuance of a Single
State License in the new State.
D. Nothing in this Compact shall interfere with a
Licensee's ability to hold a Single State License in multiple
States, however for the purposes of this Compact, a Licensee
shall have only one Home State license.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single
State License.
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active Duty Military personnel, or their spouse, shall
designate a Home State where the individual has a current
license in good standing. The individual may retain the Home

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State designation during the period the service member is on
active duty. Subsequent to designating a Home State, the
individual shall only change their Home State through
application for licensure in the new State, or through the
process outlined in Section 5.
SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
A. Member States shall recognize the right of a Licensed
Professional Counselor, licensed by a Home State in accordance
with Section 3 and under Rules promulgated by the Commission,
to practice Professional Counseling in any Member State via
Telehealth under a Privilege to Practice as provided in the
Compact and Rules promulgated by the Commission.
B. A Licensee providing Professional Counseling services
in a Remote State under the Privilege to Practice shall adhere
to the laws and regulations of the Remote State.
SECTION 8. ADVERSE ACTIONS
A. In addition to the other powers conferred by State law,
a Remote State shall have the authority, in accordance with
existing State due process law, to:
1. Take Adverse Action against a Licensed Professional
Counselor's Privilege to Practice within that Member
State, and
2. Issue subpoenas for both hearings and
investigations that require the attendance and testimony

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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

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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

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been removed from the State license. All Home State
disciplinary orders that impose Adverse Action against the
license of a Licensed Professional Counselor shall include a
Statement that the Licensed Professional Counselor's Privilege
to Practice is deactivated in all Member States during the
pendency of the order.
H. If a Member State takes Adverse Action, it shall
promptly notify the administrator of the Data System. The
administrator of the Data System shall promptly notify the
Home State of any Adverse Actions by Remote States.
I. Nothing in this Compact shall override a Member State's
decision that participation in an Alternative Program may be
used in lieu of Adverse Action.
SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
A. The Compact Member States hereby create and establish a
joint public agency known as the Counseling Compact
Commission:
1. The Commission is an instrumentality of the Compact
States.
2. Venue is proper and judicial proceedings by or
against the Commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the Commission is located. The
Commission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in

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alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one
(1) delegate selected by that Member State's Licensing
Board.
2. The delegate shall be either:
a. A current member of the Licensing Board at the
time of appointment, who is a Licensed Professional
Counselor or public member; or
b. An administrator of the Licensing Board.
3. Any delegate may be removed or suspended from
office as provided by the law of the State from which the
delegate is appointed.
4. The Member State Licensing Board shall fill any
vacancy occurring on the Commission within 60 days.
5. Each delegate shall be entitled to one (1) vote
with regard to the promulgation of Rules and creation of
bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by such other
means as provided in the bylaws. The bylaws may provide
for delegates' participation in meetings by telephone or
other means of communication.
7. The Commission shall meet at least once during each

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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

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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 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

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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:

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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

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obligations under the Compact;
b. The employment, compensation, discipline or
other matters, practices or procedures related to
specific employees or other matters related to the
Commission's internal personnel practices and
procedures;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase,
lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or
financial information that is privileged or
confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled
for law enforcement purposes;
i. Disclosure of information related to any
investigative reports prepared by or on behalf of or
for use of the Commission or other committee charged
with responsibility of investigation or determination
of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure

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by federal or Member State statute.
3. If a meeting, or portion of a meeting, is closed
pursuant to this provision, the Commission's legal counsel
or designee shall certify that the meeting may be closed
and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions
taken, and the reasons therefore, including a description
of the views expressed. All documents considered in
connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting
shall remain under seal, subject to release by a majority
vote of the Commission or order of a court of competent
jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
2. The Commission may accept any and all appropriate
revenue sources, donations, and grants of money,
equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual
assessment from each Member State or impose fees on other
parties to cover the cost of the operations and activities
of the Commission and its staff, which must be in a total

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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

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liability caused by or arising out of any actual or
alleged act, error or omission that occurred, or that the
person against whom the claim is made had a reasonable
basis for believing occurred within the scope of
Commission employment, duties or responsibilities;
provided that nothing in this paragraph shall be construed
to protect any such person from suit and/or liability for
any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that
person.
2. The Commission shall defend any member, officer,
executive director, employee or representative of the
Commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or
omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that the
person against whom the claim is made had a reasonable
basis for believing occurred within the scope of
Commission employment, duties, or responsibilities;
provided that nothing herein shall be construed to
prohibit that person from retaining his or her own
counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless
any member, officer, executive director, employee, or

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representative of the Commission for the amount of any
settlement or judgment obtained against that person
arising out of any actual or alleged act, error, or
omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that such
person had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or
responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or
willful or wanton misconduct of that person.
SECTION 10. DATA SYSTEM
A. The Commission shall provide for the development,
maintenance, operation, and utilization of a coordinated
database and reporting system containing licensure, Adverse
Action, and Investigative Information on all licensed
individuals in Member States.
B. Notwithstanding any other provision of State law to the
contrary, a Member State shall submit a uniform data set to the
Data System on all individuals to whom this Compact is
applicable, as required by the Rules of the Commission,
including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license or Privilege to
Practice;

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4. Non-confidential information related to Alternative
Program participation;
5. Any denial of application for licensure, and the
reason(s) for such denial;
6. Current Significant Investigative Information; and
7. Other information that may facilitate the
administration of this Compact, as determined by the Rules
of the Commission.
C. Investigative Information pertaining to a Licensee in
any Member State will only be available to other Member
States.
D. The Commission shall promptly notify all Member States
of any Adverse Action taken against a Licensee or an
individual applying for a license. Adverse Action information
pertaining to a Licensee in any Member State will be available
to any other Member State.
E. Member States contributing information to the Data
System may designate information that may not be shared with
the public without the express permission of the contributing
State.
F. Any information submitted to the Data System that is
subsequently required to be expunged by the laws of the Member
State contributing the information shall be removed from the
Data System.
SECTION 11. RULEMAKING

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A. The Commission shall promulgate reasonable Rules in
order to effectively and efficiently achieve the purpose of
the Compact. Notwithstanding the foregoing, in the event the
Commission exercises its Rulemaking authority in a manner that
is beyond the scope of the purposes of the Compact, or the
powers granted hereunder, then such an action by the
Commission shall be invalid and have no force or effect.
B. The Commission shall exercise its Rulemaking powers
pursuant to the criteria set forth in this Section and the
Rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each Rule or amendment.
C. If a majority of the legislatures of the Member States
rejects a Rule, by enactment of a statute or resolution in the
same manner used to adopt the Compact within four (4) years of
the date of adoption of the Rule, then such Rule shall have no
further force and effect in any Member State.
D. Rules or amendments to the Rules shall be adopted at a
regular or special meeting of the Commission.
E. Prior to promulgation and adoption of a final Rule or
Rules by the Commission, and at least thirty (30) days in
advance of the meeting at which the Rule will be considered and
voted upon, the Commission shall file a Notice of Proposed
Rulemaking:
1. On the website of the Commission or other publicly
accessible platform; and
2. On the website of each Member State Professional

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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,

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the Commission shall publish the place, time, and date of the
scheduled public hearing. If the hearing is held via
electronic means, the Commission shall publish the mechanism
for access to the electronic hearing.
1. All persons wishing to be heard at the hearing
shall notify the executive director of the Commission or
other designated member in writing of their desire to
appear and testify at the hearing not less than five (5)
business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing
each person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the
recording will be made available on request.
4. Nothing in this section shall be construed as
requiring a separate hearing on each Rule. Rules may be
grouped for the convenience of the Commission at hearings
required by this section.
J. Following the scheduled hearing date, or by the close
of business on the scheduled hearing date if the hearing was
not held, the Commission shall consider all written and oral
comments received.
K. If no written notice of intent to attend the public
hearing by interested parties is received, the Commission may
proceed with promulgation of the proposed Rule without a
public hearing.

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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 revision shall be posted on the
website of the Commission. The revisions shall be subject to

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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.

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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

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minority leaders of the defaulting State's legislature, and
each of the Member States.
E. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that
extend beyond the effective date of termination.
F. The Commission shall not bear any costs related to a
State that is found to be in default or that has been
terminated from the Compact, unless agreed upon in writing
between the Commission and the defaulting State.
G. The defaulting State may appeal the action of the
Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices. The prevailing member
shall be awarded all costs of such litigation, including
reasonable attorney's fees.
H. Dispute Resolution
1. Upon request by a Member State, the Commission
shall attempt to resolve disputes related to the Compact
that arise among Member States and between member and
non-Member States.
2. The Commission shall promulgate a Rule providing
for both mediation and binding dispute resolution for
disputes as appropriate.
I. Enforcement
1. The Commission, in the reasonable exercise of its

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discretion, shall enforce the provisions and Rules of this
Compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the
District of Columbia or the federal district where the
Commission has its principal offices against a Member
State in default to enforce compliance with the provisions
of the Compact and its promulgated Rules and bylaws. The
relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary,
the prevailing member shall be awarded all costs of such
litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any
other remedies available under federal or State law.
SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING
COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND
AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the tenth Member
State. The provisions, which become effective at that time,
shall be limited to the powers granted to the Commission
relating to assembly and the promulgation of Rules.
Thereafter, the Commission shall meet and exercise Rulemaking
powers necessary to the implementation and administration of

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the Compact.
B. Any State that joins the Compact subsequent to the
Commission's initial adoption of the Rules shall be subject to
the Rules as they exist on the date on which the Compact
becomes law in that State. Any Rule that has been previously
adopted by the Commission shall have the full force and effect
of law on the day the Compact becomes law in that State.
C. Any Member State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect
until six (6) months after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing State's Professional
Counseling Licensing Board to comply with the
investigative and Adverse Action reporting requirements of
this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any Professional Counseling licensure
agreement or other cooperative arrangement between a Member
State and a non-Member State that does not conflict with the
provisions of this Compact.
E. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding
upon any Member State until it is enacted into the laws of all
Member States.

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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

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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 99. Effective date. This Act takes effect upon
becoming law.