Virginia 2023 Regular Session Status: Enacted

SB 802 — Counseling Compact; licensure of professional counselors.

Last action — Acts of Assembly Chapter text (CHAP0685)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 05, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 27, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 6 recorded votes so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

663 added · 631 removed

Plain-language change summary

The amendment to Bill SB 802 introduces and outlines the Counseling Compact, which enables Licensed Professional Counselors to practice across state lines, providing more access to counseling services for individuals. This change allows Virginia to join other states in recognizing each other's licenses, maintaining the ability of individual states to regulate counseling practices to ensure public safety. This is important as it aims to improve access to mental health services while preserving regulatory oversight.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend the Code of Virginia by adding a section numbered 54.1-3500.1, relating to N Counseling Compact.
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 685 An Act to amend the Code of Virginia by adding a section numbered 54.1-3500.1, relating to Counseling Compact.
R O [S 802] Approved L L Be it enacted by the General Assembly of Virginia:
[S 802] Approved March 27, 2023 Be it enacted by the General Assembly of Virginia:
E § 54.1-3500.1.
§ 54.1-3500.1.
D Counseling Compact with any and all states legally joining therein according to its terms, in the form substantially as follows:
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.
COUNSELING COMPACT Purpose.I.
Purpose.
The practice of B Professional Counseling occurs in the State where the client is located at the time of the coun0eling through the current system of State licensure.
The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services.
authority of States to protect public health andEsafety This Compact is designed to achieve the following objectives:
The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.
R 1.
This Compact is designed to achieve the following objectives:
1.
States;nhance the exchange of licensure, investigative, and disciplinary information among Member 6.
5.
Enhance the exchange of licensure, investigative, and disciplinary information among Member States;
6.
10.
9.
Eliminate the necessity for licenses in multiple States;
and 10.
laws which is imposed by a licensing board or other authority against a Licensed Professionalby a State's 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.
"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.
"Continuing Competence/Education" means a requirement, as a condition of license renewal, to relevant to practice or area of work.
"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.
and/or completion of, educational and professional activities "Counseling Compact Commission" or "Commission" means the national administrative body whose of 11 membership consists of all States that have enacted the Compact.
"Counseling Compact Commission" or "Commission" means the national administrative body whose membership consists of all States that have enacted the Compact.
1.
of 11 1.
of 11 d.
d.
E f.
f.
N h.
h.
and R i.
and of 11 i.
Commission;
4.
andicensees to complete a supervised postgraduate professional experience as defineO by the 5.
Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission;
and 5.
L B.
B.
E 2.
2.
D 3.
3.
These procedures shall include the submission of fingerprints or other record information from the Federal Bureau of Investigation and the agency responsible for retainingry that State's criminal records;
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 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 recoSd search and shall use the results in making licensure decisions.
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.
8 b.
b.
Communication between a Member State, the Commission and among Member States regarding 2 the verification of eligibility for licensure through the Compact shall not include any informaRion received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544.
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.
qualifications for licensure or renewal of licensure, as well as all other applicable State laws;e's 6.
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.
However, the Single State License granted to these individuals shall not be recognized as granting a Privilege to Practice ProE.
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.
1.
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Hold a license in the Home State;
Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is see9.
Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Privilege to Practice;
and 9.
of 11 B.
B.
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.
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 of 11 take any other necessary actions to protect the health and safety of its citizens.
of 11 Active Duty Military Personnel or their Spouses.
Active Duty Military Personnel or their Spouses.
Active Duty Military personnel, or their spouse, shall designate a Home State where the indiEidual has a current license in good standing.
Active Duty Military personnel, or their spouse, shall designate a Home State where the individual has a current license in good standing.
Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State, or throuRh the process outlined in Article V.
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.
O A.
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.
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 of 11 in the Compact and Rules promulgated by the Commission.
E B.
B.
D Article VIII.
Article VIII.
accordance with existing State due process law, to:State law, a Remote State shall have the authority, in 1.
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.
Issue subpoenas for both hearings and investigations that require the attendance and testSmony of witnesses as well as the production of evidence.
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 Mem8er State for the attendance and testimony of witnesses or the production of evidence from another 2ember State shall be enforced in the latter State by any court of competent jurisdiction, according tR the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.
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.
Counselor's license issued by the Home State.r to take Adverse Action against a Licensed Professional B.
3.
Only the Home State shall have the power to take Adverse Action against a Licensed Professional Counselor's license issued by the Home State.
B.
Professional Counselor the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Licensed Professional Counselor.
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.
Member States shall share any investigative, litigation, or compliance materials in furtherance of anyG.
Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
G.
Nothing in this Compact shall override a Member State's decision that participation in an Alternative Program may be used in lieu oArticle IX.ction.
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.
Article IX.
of 11 A.
A.
or b.
or of 11 b.
of 11 D.
D.
The Executive Committee shall have the power to act on behalf of the Commission accordingEto the terms of this Compact.
The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.
N a.
a.
Seven voting members who are elected by the Commission from the current membership of theR Commission;
Seven voting members who are elected by the Commission from the current membership of the Commission;
and counselor organizations.officio, nonvoting members from four (4) recognized national professionOl c.
and b.
Up to four (4) ex-officio, nonvoting members from four (4) recognized national professional counselor organizations.
c.
L 3.
3.
L 5.
5.
E a.
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 CompactD fee charged to Licensees for the Privilege to Practice;
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;
d.
c.
Prepare and recommend the budget;
of 11 d.
and S g.
and g.
8 E.
E.
Meetings of the Commission 2 1.
Meetings of the Commission 1.
All meetings shall be open to the public, and public notice of meetings shall be given inRthe same manner as required under the Rulemaking provisions in Article XI.
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.
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 Coma.
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.
unwarranted invasion of personal privacy;onal nature where disclosure would constitute a clearly h.
g.
Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h.
meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed.
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.
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 of 11 which revenue is not provided by other sources.
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.
2.
of 11 2.
of 11 Rulemaking.
Rulemaking.
The Commission shall promulgate reasonable Rules in order to effectively and efficiently Echieve the purpose of the Compact.
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.
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.
article and the Rules adopted thereunder.
B.
Rules and amendments shall become binding as of the dateis specified in each Rule or amendment.
The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this article and the Rules adopted thereunder.
L C.
Rules and amendments shall become binding as of the date specified in each Rule or amendment.
C.
E D.
D.
D E.
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 Com1.
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.
S 1.
1.
The proposed time, date, and location of the meeting in which the Rule will be considered8and voted upon;
The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon;
2 2.
of 11 2.
R 3.
3.
facts, opinions, and arguments, which shall be made available to the public.ns to submit written data, H.
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.
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.
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.
Commission may proceed with promulgation of the proposed Rule without a public hearing.
K.
is received, the L.
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.
1.
Meet an imminent threat to public health, safety, or welfare;
Prevent a loss of Commission or Member State funds;r welfare;
Prevent a loss of Commission or Member State funds;
Meet a deadline for the promulgation of an administrative Rule that is established by federal law of 11 or Rule;
Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule;
Default, Technical Assistance, and Termination 1.
Default, Technical Assistance, and Termination of 11 1.
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 of 11 Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and bylaws.
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.
In the evenE judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
N pursue any other remedies available under federal or State law.f the Commission.
3.
The CommissionRmay Article XIII.
The remedies herein shall not be the exclusive remedies of the Commission.
O Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment.
The Commission may pursue any other remedies available under federal or State law.
L A.
Article XIII.
The Compact shall come into effect on the date on which the Compact statute is enacted inLo law in the tenth Member State.
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.
ThereafterE the Commission shall meet and exercise Rulemaking powers necessary to the implementation and D admB.
Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact.
B.
B 2.
2.
Withdrawal shall not affect the continuing requirement of the withdrawing State's Profess0onal of this act prior to the effective date of withdrawal.ative and Adverse Action reporting requirEments D.
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.
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.
No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member of 11 States.
Construction and Severability.
Article XV.
Any lawful actions of the Commission, including all Rules and bylaws properly promulgated by theE.
Any lawful actions of the Commission, including all Rules and bylaws properly promulgated by the Commission, are binding upon the Member States.
E.
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Action History

  1. Acts of Assembly Chapter text (CHAP0685)

  2. Approved by Governor-Chapter 685 (effective 1/1/24)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 13, 2023

  5. Signed by Speaker

  6. Signed by President

  7. Impact statement from DPB (SB802ER)

  8. Bill text as passed Senate and House (SB802ER)

  9. Enrolled

  10. VOTE: Passage (97-Y 1-N)

  11. Passed House (97-Y 1-N)

  12. Read third time

  13. Passed by for the day

  14. Passed by for the day

  15. Passed by for the day

  16. Read second time

  17. Reported from Health, Welfare and Institutions (21-Y 0-N)

  18. Referred to Committee on Health, Welfare and Institutions

  19. Read first time

  20. Placed on Calendar

  21. Read third time and passed Senate (35-Y 5-N)

  22. Read second time and engrossed

  23. Constitutional reading dispensed (39-Y 0-N)

  24. Reported from Finance and Appropriations (15-Y 1-N)

  25. Rereferred to Finance and Appropriations

  26. Reported from Privileges and Elections (15-Y 0-N)

  27. Impact statement from DPB (SB802)

  28. Referred to Committee on Privileges and Elections

  29. Prefiled and ordered printed; offered 01/11/23 23100851D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 802?
SB 802 is sponsored by Ghazala F. Hashmi.
What is the current status of SB 802?
This bill has been enacted into law. Introduced December 05, 2022. Enacted.
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