Struck = only in SB 2856 ·
added = only in SB 257.
*LRB10336409AWJ66511b*SPONSOR: SB2856 103RD GENERAL ASSEMBLY State of Illinois and 2024 SB2856 Introduced 1/19/2024, by Sen.
LauraSen. Fine SYNOPSIS AS INTRODUCED:
NewGay Act& ILCSSen. 107/12 new Creates the Counseling Compact Act.
ProvidesBrown that& theRep. State of Illinois enters into the Counseling Compact.
SpecifiesDorsey thatWalker theSens. Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services.
SetsBonini, outEnnis, provisionsHansen, concerningHocker, theLawson, privilegeLockman, toLopez, practice,Mantzavinos, obtainingS. a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement.
ContainsMcBride, otherParadee, provisionsPettyjohn, concerningPinkney, thePoore, Commission,Richardson, theSokola, Compact,Sturgeon, andTownsend, theWalsh, proceduresWilson; governing participating in and construction of the Compact.
AmendsReps. the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.
RequiresBriggs theKing, ProfessionalOsienski, CounselorMichael LicensingSmith andDELAWARE DisciplinarySTATE BoardSENATE to151st submitGENERAL aASSEMBLY reportSENATE toBILL theNO. General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact.
Requires257 theAN BoardACT andTO DepartmentAMEND ofTITLE Financial24 andOF ProfessionalTHE RegulationDELAWARE toCODE modify,RELATING ifTO needed,A BoardMULTISTATE andPROFESSIONAL DepartmentCOUNSELOR rulesLICENSURE toCOMPACT. comply with the requirements of the Counseling Compact.
ProvidesBE thatIT theENACTED changesBY toTHE theGENERAL ProfessionalASSEMBLY CounselorOF andTHE ClinicalSTATE ProfessionalOF CounselorDELAWARE: Licensing and Practice Act are effective immediately.
LRB103 36409 AWJ 66511 b A BILL FOR SB2856 LRB103 36409 AWJ 66511 b AN ACT concerning government.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
ShortAmend title.Title 24 of the Delaware Code by creating a new Chapter 30A and by making deletions as shown by strike through and insertions as shown by underline as follows:
ThisChapter Act30A. may be cited as the Counseling Compact Act.
SectionMultistate 5.Professional Counselor Licensure Compact.
Counseling§ Compact.3001A.
ThePurpose. State of Illinois enters into the Counseling Compact in substantially the following form with all other states joining the Compact:
SECTIONThe 1:purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services.
PURPOSE The purposepractice of thisProfessional CompactCounseling isoccurs toin facilitatethe interstatestate practicewhere ofthe Licensedclient Professionalis Counselorslocated withat the goaltime of improvingthe publiccounseling access to Professional Counseling services.
The practiceCompact ofpreserves Professionalthe Counselingregulatory occursauthority inof thestates Stateto whereprotect thepublic clienthealth isand locatedsafety atthrough the timecurrent system of thestate counselinglicensure. services.
The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.
A.(1) Increase public access to Professional Counseling services by providing for the mutual recognition of other Member state licenses;
Increase(2) publicEnhance accessthe tostates’ Professionalability Counselingto servicesprotect by providing for the mutualpublic’s recognitionhealth ofand othersafety; Member State licenses;
SB2856(3) -Encourage 2the -cooperation LRB103of 36409Member AWJstates 66511in bregulating B.multistate practice for Licensed Professional Counselors;
Enhance(4) theSupport States'spouses abilityof torelocating protectActive theDuty public'sMilitary healthpersonnel; and safety;
C.(5) Enhance the exchange of licensure, investigative, and disciplinary information among Member states;
Encourage(6) Allow for the cooperationuse of MemberTelehealth Statestechnology into regulatingfacilitate multistateincreased practiceaccess forto Licensed Professional Counselors;Counseling services;
D.(7) Support the uniformity of Professional Counseling licensure requirements throughout the states to promote public safety and public health benefits;
SupportLC spouses: of relocating Active Duty Military personnel;
E.CGW :
EnhanceCM thePage exchange1 of licensure,21 investigative,Released: and disciplinary information among Member States;
F.04/05/2022 05:31 PM (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;
Allow(9) forEliminate the usenecessity offor Telehealthlicenses technologyin tomultiple facilitatestates; increased access to Professional Counseling services;
G.and (10) Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.
Support§ the3002A. uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits;
H.Definitions.
InvestAs allused Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in thethis StateCompact, inand whichexcept theas clientotherwise isprovided, located at the timefollowing caredefinitions isshall renderedapply: through the mutual recognition of Member State licenses;
I.(1) “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.
Eliminate the necessity for licenses in multiple States;
and J.
Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.
SB2856 - 3 - LRB103 36409 AWJ 66511 b SECTION 2.
DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions 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.
B.(2) “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.
"Adverse(3) Action"“Alternative Program” means anya administrative,non-disciplinary civil,monitoring equitable or criminalpractice actionremediation permittedprocess byapproved a State's laws which is imposed by a licensing board or other authority against a Licensed Professional Counselor,Counseling includingLicensing actionsBoard against an individual's license or Privilege to Practiceaddress suchImpaired asPractitioners. 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.(4) “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.
"Alternative(5) Program"“Counseling meansCompact aCommission” non-disciplinaryor monitoring“Commission” ormeans practicethe remediationnational processadministrative approvedbody bywhose amembership Professionalconsists Counselingof Licensingall Boardstates tothat addresshave Impairedenacted Practitioners.the Compact.
D.(6) “Current Significant Investigative Information” means:
"Continuinga. Competence/Education" means a requirement, as a condition of license renewal, to provide evidence of completion of educational and professional activities relevant to practice or area of work.
E.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;
"Counseling Compact Commission" or "Commission"b. means SB2856 - 4 - LRB103 36409 AWJ 66511 b 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.
G.LC :
"DataCGW 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.
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"Encumbered04/05/2022 License"05:31 meansPM a(7) license“Data inSystem” whichmeans ana Adverserepository Action restricts the practice of licensedinformation Professionalabout CounselingLicensees, byincluding, thebut Licenseenot andlimited saidto, Adversecontinuing Actioneducation, hasexamination, beenlicensure, reportedinvestigative, Privilege to thePractice Nationaland PractitionerAdverse DataAction Bankinformation. (NPDB).
I.(8) “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).
"Encumbrance"(9) “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.(10) “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
"Executive(11) Committee"“Home state” means athe groupMember ofstate directorsthat SB2856is - 5 - LRB103 36409 AWJ 66511 b elected or appointed to act on behalf of, and within the powersLicensee’s grantedprimary tostate themof by,residence. the Commission.
K.(12) “Impaired Practitioner” means an individual who has a condition 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.
"Home(13) State"“Investigative Information” means theinformation, Memberrecords, Stateand thatdocuments isreceived theor Licensee'sgenerated primaryby Statea ofProfessional residence.Counseling Licensing Board pursuant to an investigation.
L.(14) “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.
"Impaired(15) Practitioner"“Licensed meansProfessional anCounselor” individualmeans who has a condition(s)counselor thatlicensed mayby impair the individual's ability to practice as a LicensedMember Professionalstate, Counselorregardless without some type of interventionthe andtitle mayused include,by butthat arestate, notto limitedindependently to,assess, alcoholdiagnose, and drugtreat dependence,behavioral mental health impairment,conditions. and neurological or physical impairments.
M.(16) “Licensee” means an individual who currently holds an authorization from the state to practice as a Licensed Professional Counselor.
"Investigative(17) Information"“Licensing Board” means information,the records,agency andof documentsa receivedstate, or generatedequivalent, bythat ais Professionalresponsible Counselingfor Licensingthe Boardlicensing pursuantand toregulation anof investigation.Licensed Professional Counselors.
N.(18) “Member state” means a state that has enacted the Compact.
"Jurisprudence(19) Requirement"“Privilege ifto requiredPractice” bymeans a Memberlegal State,authorization, meanswhich theis assessmentequivalent ofto ana individual'slicense, knowledgepermitting of the laws and Rules governing the practice of Professional Counseling in a State.Remote state.
O.(20) “Professional Counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.
"Licensed(21) Professional“Remote Counselor"State” means a counselor licensed by a Member State,state regardlessother ofthan the titleHome usedstate, bywhere thata State,Licensee tois independentlyexercising assess,or diagnose,seeking andto treatexercise behavioralthe healthPrivilege conditions.to Practice.
P.LC :
"Licensee"CGW means: an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor.
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"Licensing04/05/2022 Board"05:31 meansPM the81 agency(22) of“Rule” means a State,regulation orpromulgated equivalent,by thatthe isCommission responsiblethat forhas the licensingforce and SB2856 - 6 - LRB103 36409 AWJ 66511 b regulation of Licensedlaw. Professional Counselors.
R.(23) “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.
"Member(24) State"“State” means aany Statestate, thatcommonwealth, hasdistrict, enactedor territory of the Compact.United States of America that regulates the practice of Professional Counseling.
S.(25) “Telehealth” means the application of telecommunication technology to deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions.
"Privilege(26) to“Unencumbered Practice"License” means a legallicense authorization,that whichauthorizes isa equivalentLicensed toProfessional aCounselor license,to permittingengage in the full and unrestricted practice of Professional CounselingCounseling. in a Remote State.
T.§ 3003A.
"ProfessionalState Counseling"participation meansin the assessment,Compact. diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.
U.(a) To participate in the Compact, a state must currently:
"Remote(1) State"License meansand aregulate MemberLicensed StateProfessional otherCounselors; than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice.
V.(2) Require Licensees to pass a nationally recognized exam approved by the Commission;
"Rule"(3) meansRequire Licensees to have a regulation60 promulgatedsemester-hour by(or the90 Commissionquarter-hour) thatmaster’s hasdegree thein forcecounseling or 60 semester-hours (or 90 quarter-hours) of law.graduate course work including the following topic areas:
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 SB2856 - 7 - LRB103 36409 AWJ 66511 b 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 coursework including the following topic areas:
h.
i.h.
and j.i.
4.(4) Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission;
Require(5) LicenseesHave to complete a supervisedmechanism postgraduatein professionalplace experiencefor asreceiving definedand byinvestigating thecomplaints SB2856about -Licensees. 8 - LRB103 36409 AWJ 66511 b Commission;
5.(b) A Member state shall:
Have(1) aParticipate mechanismfully in placethe forCommission’s receivingData andSystem, investigatingincluding complaintsusing aboutthe Licensees.Commission’s unique identifier as defined in Rules;
B.LC :
ACGW Member: State shall:
1.CM Page 4 of 21 Released:
Participate04/05/2022 fully05:31 PM (2) Notify the Commission, in compliance with the Commission'sterms Dataof System,the includingCompact usingand Rules, of any Adverse Action or the Commission'savailability uniqueof identifierInvestigative asInformation definedregarding ina Rules;Licensee;
2.(3)a.
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.
These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant'sapplicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State'sstate’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.
CommunicationA between a Member State,state themust Commissionfully andimplement amonga Membercriminal Statesbackground regardingcheck therequirement, SB2856within -a 9time -frame LRB103established 36409by AWJrule, 66511by breceiving verification of eligibility for licensure through the Compactresults shallof not include any information received from the Federal Bureau of Investigation relatingrecord tosearch aand federalshall criminaluse recordsthe checkresults performedin bymaking alicensure Memberdecisions. State under Public Law 92-544.
ACommunication Licensingbetween Boarda mayMember conductstate, nationalthe backgroundCommission checksand byamong submittingMember fingerprintsstates toregarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation throughrelating theto a federal criminal records check performed by a Member State'sstate statewideunder policingPublic authority.Law 92-544.
However,(4) reportsComply fromwith the backgroundRules checks may not be shared with entities outside of the MemberCommission; State.
Applicants(5) shallRequire bean responsibleapplicant forto allobtain feesor associatedretain witha license in the performanceHome ofstate and meet the backgroundHome checks.state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws;
4.(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;
Complyand with(7) Provide for the Rulesattendance of the Commission;state’s commissioner to the Counseling Compact Commission meetings.
5.(c) Member states may charge a fee for granting the Privilege to Practice.
Require(d) anIndividuals applicantnot toresiding obtainin or retain a licenseMember instate theshall Homecontinue Stateto andbe meetable theto Homeapply State's qualifications for licensurea orMember renewalstate’s ofSingle licensure,State License as wellprovided asunder allthe otherlaws applicableof Stateeach laws;Member state.
6.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.
Grant(e) theNothing Privilegein tothis PracticeCompact toshall aaffect Licenseethe holdingrequirements aestablished validby Unencumbereda License in another Member Statestate infor accordance with the termsissuance of thea CompactSingle andState Rules;License.
and(f) 7.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.
Provide§ for3004A. the attendance of the State's commissioner to the Counseling Compact Commission meetings.
C.Privilege to Practice.
Member(a) StatesTo mayexercise chargethe aPrivilege feeto forPractice grantingunder the SB2856terms -and 10provisions -of LRB103the 36409Compact, AWJthe 66511Licensee bshall: Privilege to Practice.
D.LC :
IndividualsCGW 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,CM thePage Single5 Stateof License21 grantedReleased: to these individuals shall not be recognized as granting a Privilege to Practice Professional Counseling in any other Member State.
E.04/05/2022 05:31 PM (1) Hold a license in the Home state;
Nothing(2) inHave this Compact shall affect the requirements established by a Membervalid StateUnited forStates theSocial issuanceSecurity ofNumber aor SingleNational StatePractitioner License.Identifier;
F.(3) Be eligible for a Privilege to Practice in any Member state in accordance with subsections (d), (g), and (h) of this section;
A(4) licenseHave issuednot tohad aany LicensedEncumbrance Professionalor Counselorrestriction byagainst aany Homelicense Stateor 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,Practice inwithin eachthe Memberprevious State.2 years;
SECTION(5) 4.Notify the Commission that the Licensee is seeking the Privilege to Practice within a Remote state;
PRIVILEGE(6) TOPay PRACTICEany A.applicable fees, including any state fee, for the Privilege to Practice;
To(7) exerciseMeet theany PrivilegeContinuing toCompetence/Education Practicerequirements underestablished theby terms and provisions of the Compact,Home thestate; Licensee shall:
1.(8) Meet any Jurisprudence Requirements established by the Remote state in which the Licensee is seeking a Privilege to Practice;
Holdand a(9) Report to the Commission any Adverse Action, Encumbrance, or restriction on license intaken by any non- Member state within 30 days from the Homedate State;the action is taken.
2.(b) The Privilege to Practice is valid until the expiration date of the Home state license.
HaveThe aLicensee validmust Unitedcomply Stateswith socialthe securityrequirements numberof orsubsection National(a) Providerof Identifier;this section to maintain the Privilege to Practice in the Remote state.
3.(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.
Be(d) eligibleA forLicensee aproviding PrivilegeProfessional toCounseling Practiceservices in anya MemberRemote Statestate inis accordancesubject withto Sectionthat 4(D),state’s (G)regulatory andauthority. (H);
4.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.
HaveThe notLicensee hadmay anybe Encumbranceineligible orfor restrictiona againstPrivilege anyto licensePractice orin Privilegeany toMember Practicestate withinuntil the previousspecific 2time SB2856for -removal 11has -passed LRB103and 36409all AWJfines 66511are bpaid. years;
5.(e) If a Home state license is encumbered, the Licensee shall lose the Privilege to Practice in any Remote state until the following occur:
Notify(1) theThe CommissionHome thatstate thelicense Licensee is seekingno thelonger Privilegeencumbered; to Practice within a Remote State(s);
6.and (2) Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 2 years.
Pay(f) anyOnce applicablean fees,Encumbered includingLicense anyin Statethe fee,Home forstate is restored to good standing, the Licensee must meet the requirements of subsection (a) of this section to obtain a Privilege to Practice;Practice in any Remote state.
7.LC :
MeetCGW any: Continuing Competence/Education requirements established by the Home State;
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Meet04/05/2022 any05:31 JurisprudencePM Requirements(g) establishedIf bya theLicensee’s RemotePrivilege State(s)to Practice in whichany theRemote Licenseestate is seekingremoved, athe individual may lose the Privilege to Practice;Practice in all other Remote states until the following occur:
and(1) 9.The specific period of time for which the Privilege to Practice was removed has ended;
Report(2) toAll thefines Commissionhave anybeen Adversepaid; Action, Encumbrance, or restriction on a license taken by any non-Member State within 30 days from the date the action is taken.
B.and (3) Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 2 years.
The(h) PrivilegeOnce tothe Practicerequirements isof validsubsection until(g) of this section have been met, the expirationLicensee datemust ofmeet the Homerequirements Statein license.subsection (a) of this section to obtain a Privilege to Practice in a Remote state.
The§ Licensee3005A. must comply with the requirements of Section 4(A) to maintain the Privilege to Practice in the Remote State.
C.Obtaining a new Home state license based on a Privilege to Practice.
(a) A LicenseeLicensed providing Professional CounselingCounselor inmay hold a RemoteHome Statestate underlicense, thewhich allows for a Privilege to Practice shallin adhereother toMember thestates, lawsin andonly regulationsone ofMember thestate Remoteat State.a time.
D.(b) If a Licensed Professional Counselor changes Primary state of Residence by moving between 2 Member states:
A(1) LicenseeThe providingLicensed Professional CounselingCounselor servicesshall infile an application for obtaining a Remotenew StateHome isstate subjectlicense based on a Privilege to thatPractice, State'spay regulatoryall authority.applicable fees, and notify the current and new Home state in accordance with applicable Rules adopted by the Commission.
A(2) RemoteUpon Statereceipt may,of inan accordanceapplication withfor dueobtaining processa andnew thatHome State'sstate laws,license removeby avirtue Licensee'sof a Privilege to PracticePractice, in the Remotenew StateHome forstate ashall specificverify periodthat ofthe time,Licensed SB2856Professional -Counselor 12meets -the LRB103pertinent 36409criteria AWJoutlined 66511in b§ impose3004A fines,of orthis taketitle anyvia otherthe necessaryData actionsSystem, towithout protectneed thefor healthprimary andsource safetyverification ofexcept itsfor: citizens.
The Licensee may be ineligible for a Privilege to Practice in any Member State until the specific time for removal has passed and all fines are paid.
E.
If a Home State license is encumbered, the Licensee shall lose the Privilege to Practice in any Remote State until the following occur:
1.
The Home State license is no longer encumbered;
and 2.
The licensee has not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 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.
The licensee has paid all fines that have been imposed;
and 3.
The licensee has not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 2 years.
SB2856 - 13 - LRB103 36409 AWJ 66511 b H.
Once the requirements of Section 4(G) have been met, the Licensee must meet the requirements in Section 4(A) to obtain a Privilege to Practice in a Remote State.
SECTION 5:
OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE A.
A Licensed Professional Counselor may hold a Home State license, which allows for a Privilege to Practice in other Member States, in only one Member State at a time.
B.
If a Licensed Professional Counselor changes primary State of residence by moving between two Member States:
1.
The Licensed Professional Counselor shall file an application for obtaining a new Home State license based on a Privilege to Practice, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission.
2.
Upon receipt of an application for obtaining a new Home State license by virtue of a Privilege to Practice, the new Home State shall verify that the Licensed Professional Counselor meets the pertinent criteria outlined in Section 4 via the Data System without need for primary source verification except for:
aA Federal Bureau of Investigation fingerprint-basedfingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with SB2856 - 14 - LRB103 36409 AWJ 66511 b Public Law 92-544;92- 544;
otherOther criminal background check as required by the new Home State;state;
completionCompletion of any requisite Jurisprudence Requirements of the new Home State.state.
3.(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.
The(4) formerNotwithstanding Homeany Stateother shallprovision convertof thethis formerCompact, Homeif Statethe licenseLicensed intoProfessional aCounselor Privilegecannot tomeet Practicethe oncecriteria thein new§ Home3004A Stateof hasthis activatedtitle, the new Home Statestate licensemay inapply accordanceits withrequirements applicablefor Rulesissuing adopteda bynew theSingle Commission.state License.
4.LC :
NotwithstandingCGW 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.
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04/05/2022 05:31 PM (5) The Licensed Professional Counselor shall pay all applicable fees to the new Home Statestate in order to be issued a new Home Statestate license.
C.(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.
If(d) aNothing Licensedin Professionalthis CounselorCompact changesshall Primaryinterfere Statewith of Residence by moving from a MemberLicensee’s Stateability to hold a non-MemberSingle State,state orLicense fromin amultiple non-Memberstates, Statehowever tofor a Member State, the Statepurposes criteriaof shallthis applyCompact, for issuance of a SingleLicensee Stateshall Licensehave inonly theone newHome State.state license.
D.(e) Nothing in this Compact shall affect the requirements established by a Member state for the issuance of a Single state License.
Nothing§ in3006A. this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States.
However,Active forDuty theMilitary purposespersonnel ofor thistheir Compact,spouses. a Licensee SB2856 - 15 - LRB103 36409 AWJ 66511 b shall have only one Home State license.
E.Active Duty Military personnel, or their spouse, shall designate a Home state where the individual has a current license in good standing.
NothingThe inindividual thismay Compactretain shall affect the requirementsHome establishedstate bydesignation aduring Memberthe Stateperiod for the issuanceservice ofmember ais Singleon Stateactive License.duty.
SECTIONSubsequent 6.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 § 3005A of this title.
ACTIVE§ DUTY3007A. 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.
TheCompact individualPrivilege mayto retainPractice theTelehealth. Home State designation during the period the service member is on active duty.
Subsequent(a) toMember designatingstates shall recognize the right of a Licensed Professional Counselor, licensed by a Home State,state thein individualaccordance shallwith only§ change3003A theirof Homethis Statetitle throughand applicationunder forRules licensurepromulgated inby the newCommission, State,to orpractice throughProfessional theCounseling processin outlinedany Member state via Telehealth under a Privilege to Practice as provided in Sectionthe 5.Compact and Rules promulgated by the Commission.
SECTION(b) 7.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.
COMPACT§ PRIVILEGE3008A. TO PRACTICE TELEHEALTH A.
MemberAdverse StatesActions. 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) 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:
A(1) LicenseeTake providingAdverse ProfessionalAction Counselingagainst services in a RemoteLicensed StateProfessional underCounselor’s the Privilege to Practice shallwithin adherethat toMember state, and (2) Issue subpoenas for both hearings and investigations that require the lawsattendance and regulationstestimony of witnesses as well as the Remoteproduction State.of evidence.
SB2856Subpoenas -issued 16by -a LRB103Licensing 36409Board AWJin 66511a bMember SECTIONstate 8.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 LC :
ADVERSECGW ACTIONS: A.
InCM additionPage to8 theof other21 powersReleased: conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to:
1.04/05/2022 05:31 PM to subpoenas issued in proceedings pending before it.
TakeThe Adverseissuing Actionauthority againstshall apay Licensedany Professionalwitness Counselor'sfees, Privilegetravel toexpenses, Practicemileage, withinand thatother Memberfees State;required by the service statutes of the state in which the witnesses or evidence are located.
and(3) 2.Only the Home state shall have the power to take Adverse Action against a Licensed Professional Counselor’s license issued by the Home state.
Issue(b) subpoenasFor forpurposes bothof hearingstaking andAdverse investigationsAction, thatthe requireHome state shall give the attendancesame priority and testimonyeffect ofto witnessesreported asconduct wellreceived from a Member state as it would if the productionconduct ofhad evidence.occurred within the Home state.
SubpoenasIn issuedso bydoing, a Licensing Board in a Member State for the attendanceHome andstate testimony of witnesses or the production of evidence from another Member State shall beapply enforcedits inown thestate latterlaws State by any court of competent jurisdiction, according to thedetermine practiceappropriate andaction. procedure of that court applicable to subpoenas issued in proceedings pending before it.
(c) The issuingHome authoritystate shall paycomplete any witnesspending fees,investigations travelof expenses,a mileage,Licensed andProfessional otherCounselor feeswho requiredchanges byprimary thestate serviceof statutesresidence ofduring the Statecourse inof which the witnessesinvestigations. or evidence are located.
OnlyThe the Home Statestate shall also have the powerauthority to take Adverseappropriate Actionaction againstand ashall Licensedpromptly Professionalreport Counselor'sthe licenseconclusions issuedof bythe investigations to the Homeadministrator State.of the Data System.
B.The administrator of the coordinated licensure information system shall promptly notify the new Home state of any Adverse Actions.
For(d) purposesA ofMember takingstate, Adverseif Action,otherwise thepermitted Homeby Statestate shalllaw, givemay therecover same priority and effect to reported conduct received from athe Memberaffected StateLicensed asProfessional itCounselor wouldthe ifcosts theof conductinvestigations hadand SB2856dispositions -of 17cases -resulting LRB103from 36409any AWJAdverse 66511Action btaken occurredagainst withinthat theLicensed HomeProfessional State.Counselor.
In(e) soA doing,Member state may take Adverse Action based on the Homefactual Statefindings shallof applythe Remote state, provided that the Member state follows its own Stateprocedures lawsfor totaking determinethe appropriateAdverse action.Action.
C.(f)(1) Joint investigations.
TheIn Homeaddition Stateto shallthe completeauthority anygranted pendingto investigationsa ofMember astate Licensedby its respective Professional CounselorCounseling whopractice changesact primaryor Stateother ofapplicable residencestate duringlaw, theany courseMember ofstate themay investigations.participate with other Member states in joint investigations of Licensees.
The(2) HomeMember Statestates shall alsoshare haveany theinvestigative, authoritylitigation, toor takecompliance appropriatematerials action(s)in andfurtherance shallof promptlyany reportjoint theor conclusionsindividual ofinvestigation theinitiated investigationsunder to the administratorCompact. of the Data System.
The(g) administratorIf Adverse Action is taken by the Home state against the license of a Licensed Professional Counselor, the coordinatedLicensed licensureProfessional informationCounselor’s systemPrivilege to Practice in all other Member states shall promptlybe notifydeactivated theuntil newall HomeEncumbrances Statehave ofbeen anyremoved Adversefrom Actions.the state license.
D.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.
A(h) MemberIf State,a ifMember otherwisestate permittedtakes byAdverse StateAction, law,it mayshall recoverpromptly fromnotify the affectedadministrator Licensedof Professional Counselor the costsData ofSystem. investigations and dispositions of cases resulting from any Adverse Action taken against that Licensed Professional Counselor.
E.The administrator of the Data System shall promptly notify the Home state of any Adverse Actions by Remote states.
ALC 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.CGW :
JointCM Investigations:Page 9 of 21 Released:
1.04/05/2022 05:31 PM (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.
In§ addition3009A. 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 SB2856 - 18 - LRB103 36409 AWJ 66511 b investigations of Licensees.
2.Establishment of Counseling Compact Commission.
Member(a) StatesThe shallCompact shareMember anystates investigative,hereby litigation,create orand complianceestablish materialsa in furtherance of any joint orpublic individualagency investigationknown initiatedas under the Compact.Counseling Compact Commission:
G.(1) The Commission is an instrumentality of the Compact states.
If(2) AdverseVenue Action is takenproper byand thejudicial Homeproceedings Stateby or against the licenseCommission ofshall abe Licensedbrought Professionalsolely Counselor,and theexclusively Licensed Professional Counselor's Privilege to Practice in alla othercourt Memberof Statescompetent shalljurisdiction bewhere deactivatedthe untilprincipal alloffice Encumbrancesof have been removed from the StateCommission license.is located.
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 SB2856 - 19 - LRB103 36409 AWJ 66511 b 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.
3.(3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
Nothing(b)(1) inMembership, thisVoting, Compactand shallMeetings. be construed to be a waiver of sovereign immunity.
B.Each Member state shall have and be limited to 1 delegate selected by that Member state’s Licensing Board.
Membership,(2) Voting,The anddelegate Meetingsshall 1.be either:
Each Member State shall have and be limited to one delegate selected by that Member State's Licensing Board.
2.
The delegate shall be either:
3.(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
Any(4) delegateThe mayMember bestate removedLicensing orBoard suspendedshall fromfill officeany asvacancy providedoccurring byon the lawCommission ofwithin the60 Statedays. from which the delegate is appointed.
4.(5) Each delegate shall be entitled to 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.
The(6) MemberA Statedelegate Licensingshall Boardvote shallin fillperson anyor vacancyby occurringsuch onother themeans Commissionas withinprovided 60in days.the bylaws.
5.The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
Each(7) delegateThe shallCommission be entitled to one vote with SB2856 - 20 - LRB103 36409 AWJ 66511 b regard to the promulgation of Rules and creation of bylaws and shall otherwisemeet haveat anleast opportunityonce toduring participateeach incalendar theyear. business and affairs of the Commission.
6.
A delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
7.
The Commission shall meet at least once during each calendar year.
8.(8) The Commission shall by Rule establish a term of office for delegates and may by Rule establish term limits.
(c) The Commission shall byhave Rulethe establishfollowing apowers term of office for delegates and mayduties: by Rule establish term limits.
C.(1) Establish the fiscal year of the Commission;
TheLC Commission: shall have the following powers and duties:
1.CGW :
EstablishCM thePage fiscal10 year of the21 Commission;Released:
2.04/05/2022 05:31 PM (2) Establish bylaws;
Establish(3) Maintain its financial records in accordance with the bylaws;
3.(4) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
Maintain(5) itsPromulgate financialRules recordswhich shall be binding to the extent and in accordancethe withmanner provided for in the bylaws;Compact;
4.(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;
Meet(7) Purchase and takemaintain suchinsurance actions as are consistent with the provisions of this Compact and thebonds; bylaws;
5.(8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member state;
Promulgate(9) RulesHire whichemployees, shallelect beor bindingappoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the extentpurposes of the Compact, and inestablish the mannerCommission’s providedpersonnel forpolicies inand theprograms Compact;relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
6.(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;
Bringprovided andthat prosecuteat legalall proceedingstimes or actions in the nameCommission ofshall theavoid Commission,any providedappearance that the standing of anyimpropriety Stateand/or Licensingconflict Boardof tointerest; sue or be sued under SB2856 - 21 - LRB103 36409 AWJ 66511 b applicable law shall not be affected;
7.(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed;
Purchase and maintain insurance and bonds;
8.
Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;
9.
Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
10.
Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same;
provided that at all times the Commission shall avoid any appearance of impropriety 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;
12.(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
Sell,(13) convey,Establish mortgage,a pledge,budget lease,and exchange,make abandon,expenditures; or otherwise dispose of any property real, personal, or mixed;
SB2856(14) -Borrow 22money; - LRB103 36409 AWJ 66511 b 13.
Establish(15) aAppoint budgetcommittees, including standing committees composed of members, state regulators, state legislators or their representatives, and makeconsumer expenditures;representatives, and such other interested persons as may be designated in this Compact and the bylaws;
14.(16) Provide and receive information from, and cooperate with, law enforcement agencies;
Borrow(17) money;Establish and elect an Executive Committee;
15.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.
Appoint(d)(1) committees,The includingExecutive standingCommittee. committees composed of members, State regulators, State legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
16.
Provide and receive information from, and cooperate with, law enforcement agencies;
17.
Establish and elect an Executive Committee;
and 18.
Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Professional Counseling licensure and practice.
D.
The Executive Committee 1.
2.LC :
TheCGW Executive: Committee shall be composed of up to 11 members:
CM Page 11 of 21 Released:
04/05/2022 05:31 PM (2) The Executive Committee shall be composed of up to 11 members:
Up to 4 exex-officio, officio, nonvoting members from 4 recognized national professional counselor organizations.
SB2856 - 23 - LRB103 36409 AWJ 66511 b c.
The exex-officio officio members will be selected by their respective organizations.
3.(3) The Commission may remove any member of the Executive Committee as provided in bylaws.
(4) The Commission may remove any member of the Executive Committee asshall providedmeet inat bylaws.least annually.
4.(5) The Executive Committee shall have the following duties and responsibilities:
The Executive Committee shall meet at least annually.
5.
The Executive Committee shall have the following duties and responsibilities:
Recommend to the entire Commission changes to the Rules or bylaws, changes to this Compact legislation, fees paid by Compact Member Statesstates such as annual dues, and any Commission Compact fee charged to Licensees for the Privilege to Practice;
Monitor Compact compliance of Member Statesstates and provide compliance reports to the Commission;
PerformOther other duties as provided in Rules or bylaws.
E.(e)(1) Meetings of the Commission.
MeetingsAll meetings shall be open to the public, and public notice of meetings shall be given in the Commissionsame 1.manner as required under the Rulemaking provisions in § 3011A of this title.
All(2) meetingsThe shallCommission beor open to the public,Executive andCommittee SB2856or -other 24committees -of LRB103the 36409Commission AWJmay 66511convene bin publica noticeclosed, ofnon-public meetingsmeeting shallif bethe givenCommission inor theExecutive sameCommittee manneror asother requiredcommittees underof the RulemakingCommission provisionsmust indiscuss: Section 11.
2.
The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:
NoncomplianceNon-compliance of a Member Statestate with its obligations under the Compact;
The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission'sCommission’s internal personnel practices and procedures;
g.LC :
CGW :
CM Page 12 of 21 Released:
04/05/2022 05:31 PM g.
SB2856 - 25 - LRB103 36409 AWJ 66511 b h.
Matters specifically exempted from disclosure by federal or Member Statestate statute.
3.(3) If a meeting, or portion of a meeting, is closed pursuant to paragraph (e)(2) of this section, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
If(4) aThe meeting,Commission orshall portionkeep ofminutes athat meeting,fully isand closedclearly pursuantdescribe toall thismatters provision,discussed thein Commission'sa legalmeeting counseland orshall designeeprovide shalla certifyfull thatand theaccurate meetingsummary mayof beactions closedtaken, and shallthe referencereasons eachtherefore, relevantincluding exemptinga provision.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 therefor, including a description of the views expressed.
F.(f)(1) Financing of the Commission.
FinancingThe ofCommission shall pay, or provide for the Commissionpayment 1.of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The Commission shallmay pay,accept orany provideand forall theappropriate paymentrevenue of,sources, thedonations, reasonableand expensesgrants of itsmoney, establishment,equipment, SB2856supplies, -materials, 26 - LRB103 36409 AWJ 66511 b organization, and ongoingservices. activities.
2.(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 Commissionaggregate mayannual acceptassessment anyamount andshall allbe appropriateallocated revenuebased sources,upon donations,a andformula grantsto ofbe money,determined equipment,by supplies,the materials,Commission, andwhich services.shall promulgate a Rule binding upon all Member states.
3.(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same;
Thenor Commissionshall maythe levyCommission onpledge andthe collectcredit anof annualany assessmentof fromthe each Member Statestates, orexcept imposeby feesand onwith other parties to cover the costauthority of the operationsMember andstate. 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.
(5) The aggregateCommission annual assessment amount shall bekeep allocatedaccurate basedaccounts uponof a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Memberreceipts States.and disbursements.
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.
However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensedLC public: accountant, and the report of the audit SB2856 - 27 - LRB103 36409 AWJ 66511 b shall be included in and become part of the annual report of the Commission.
G.CGW :
QualifiedCM Immunity,Page Defense,13 andof Indemnification21 1.Released:
The04/05/2022 members,05:31 officers,PM executivelicensed director,public employeesaccountant, and representativesthe report of the Commissionaudit shall be immuneincluded fromin suit and liability,become eitherpart personally or in their official capacity, for any claim for damage to or loss of propertythe orannual personalreport injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the personCommission. against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities;
provided(g)(1) thatQualified nothingImmunity, inDefense, thisand paragraphIndemnification. shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.
2.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;
Theprovided Commissionthat shallnothing defendin anythis member,paragraph officer,shall executivebe director,construed employeeto orprotect representative of the Commission in any civilsuch actionperson seekingfrom tosuit imposeand/or liability arisingfor out of any actualdamage, orloss, allegedinjury, act, error, or omissionliability thatcaused occurredby within the scopeintentional of Commission employment, duties, or responsibilities,willful or thatwanton themisconduct person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commissionthat employment,person. duties, or responsibilities;
SB2856(2) -The 28Commission -shall LRB103defend 36409any AWJmember, 66511officer, bexecutive provideddirector, thatemployee nothingor hereinrepresentative shallof bethe construedCommission in any civil action seeking to prohibitimpose liability arising out of any actual or alleged act, error, or omission that personoccurred fromwithin retainingthe hisscope of Commission employment, duties, or herresponsibilities, ownor counsel;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;
and provided further, that thenothing actualherein orshall allegedbe act,construed error,to orprohibit omissionthat didperson not result from thatretaining person'shis intentional, willful, or wantonher misconduct.own counsel;
3.and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional,intentional willful,or willful or wanton misconduct of that person.
SECTION§ 10.3010A.
DATAData SYSTEMsystem. A.
(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.states.
B.(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:
Notwithstanding(1) anyIdentifying otherinformation; provision of State law to the contrary, a Member State shall submit a uniform data set to the SB2856 - 29 - LRB103 36409 AWJ 66511 b Data System on all individuals to whom this Compact is applicable, as required by the Rules of the Commission, including:
1.LC :
IdentifyingCGW information;:
2.CM Page 14 of 21 Released:
04/05/2022 05:31 PM (2) Licensure data;
3.(3) Adverse Actions against a license or Privilege to Practice;
Adverse(4) ActionsNon-confidential againstinformation arelated licenseto orAlternative PrivilegeProgram toparticipation; Practice;
4.(5) Any denial of application for licensure, and the reason for such denial;
Non-confidential(6) informationCurrent relatedSignificant toInvestigative AlternativeInformation; Program participation;
5.and (7) Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.
Any(c) denialInvestigative ofInformation applicationpertaining forto licensure,a andLicensee thein reason(s)any forMember suchstate denial;will only be available to other Member states.
6.(d) The Commission shall promptly notify all Member states of any Adverse Action taken against a Licensee or an individual applying for a license.
CurrentAdverse SignificantAction Investigativeinformation Information;pertaining to a Licensee in any Member state will be available to any other Member state.
and(e) 7.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.
Other(f) Any information thatsubmitted mayto facilitate the administrationData ofSystem thisthat Compact,is assubsequently determinedrequired to be expunged by the Ruleslaws of the Commission.Member state contributing the information shall be removed from the Data System.
C.§ 3011A.
InvestigativeRulemaking. Information pertaining to a Licensee in any Member State will only be available to other Member States.
D.(a) The Commission shall promulgate reasonable Rules in order to effectively and efficiently achieve the purpose of the Compact.
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 SB2856 - 30 - LRB103 36409 AWJ 66511 b State.
F.
Any information submitted to the Data System that is subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.
SECTION 11.
RULEMAKING A.
The Commission shall promulgate reasonable Rules in order to effectively and efficiently achieve the purpose of the Compact.
B.(b) The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this section and the Rules adopted thereunder.
The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder.
C.(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 4 years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member state.
If(d) aRules majorityor ofamendments theto legislatures of the MemberRules Statesshall rejectsbe aadopted Rule,at by enactment of a statuteregular or resolutionspecial inmeeting the same manner used to adopt the Compact within 4 years of the dateCommission. of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.
D.(e) Prior to promulgation and adoption of a final Rule by the Commission, and at least 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:
RulesLC or: amendments to the Rules shall be adopted at a regular or special meeting of the Commission.
E.CGW :
PriorCM toPage promulgation15 and adoption of a21 finalReleased: Rule or SB2856 - 31 - LRB103 36409 AWJ 66511 b Rules by the Commission, and at least 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:
1.04/05/2022 05:31 PM (1) On the website of the Commission or other publicly accessible platform;
and (2) On the website of theeach CommissionMember state Professional Counseling Licensing Board or other publicly accessible platform;platform or the publication in which each state would otherwise publish proposed Rules.
and(f) 2.The Notice of Proposed Rulemaking shall include:
On(1) theThe websiteproposed oftime, eachdate, Memberand Statelocation Professionalof Counseling Licensing Board or other publicly accessible platform or the publicationmeeting in which eachthe StateRule wouldwill otherwisebe publishconsidered proposedand Rules.voted upon;
F.(2) The text of the proposed Rule or amendment and the reason for the proposed Rule;
The(3) NoticeA ofrequest Proposedfor Rulemakingcomments shallon include:the proposed Rule from any interested person;
1.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.
The(g) proposedPrior time,to date,adoption andof locationa ofproposed Rule, the meetingCommission inshall whichallow thepersons Ruleto willsubmit bewritten considereddata, facts, opinions, and votedarguments, upon;which shall be made available to the public.
2.(h) The Commission shall grant an opportunity for a public hearing before it adopts a Rule or amendment if a hearing is requested by:
The(1) textAt ofleast the25 proposedpersons; Rule or amendment and the reason for the proposed Rule;
3.(2) A state or federal governmental subdivision or agency;
Aor request(3) forAn commentsassociation onhaving theat proposedleast Rule25 frommembers. any interested person;
(i)(1) If a hearing is held on the proposed Rule or amendment, the Commission shall publish the place, time, and 4.date of the scheduled public hearing.
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:
SB2856 - 32 - LRB103 36409 AWJ 66511 b 1.
At least 25 persons;
2.
A State or federal governmental subdivision or agency;
or 3.
An association having at least 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.
1.(2) 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 5 business days before the scheduled date of the hearing.
All(3) personsHearings wishingshall to be heardconducted atin thea hearingmanner shallproviding notifyeach theperson executivewho directorwishes ofto thecomment Commissiona orfair otherand designatedreasonable memberopportunity in writing of their desire to appearcomment andorally testifyor atin thewriting. hearing not less than 5 business days before the scheduled date of the hearing.
2.(4) All hearings will be recorded.
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.
4.(5) Nothing in this section shall be construed as requiring a separate hearing on each Rule.
Nothing in this section shall be construed as requiring a separate hearing on each Rule.
J.(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.
FollowingLC 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 SB2856 - 33 - LRB103 36409 AWJ 66511 b comments received.
K.CGW :
IfCM noPage written16 notice of intent21 toReleased: attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing.
L.04/05/2022 05:31 PM (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.(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 90 days after the effective date of the Rule.
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 90 days after the effective date of the Rule.
1.(1) Meet an imminent threat to public health, safety, or welfare;
Meet(2) anPrevent imminenta threatloss toof publicCommission health,or safety,Member orstate welfare;funds;
2.(3) Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule;
Preventor a(4) lossProtect ofpublic Commissionhealth orand Membersafety. State funds;
3.(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.
MeetPublic anotice deadline for the promulgation of anany administrativerevisions Ruleshall thatbe isposted establishedon bythe federalwebsite lawof orthe Rule;Commission.
or 4.
Protect public health and safety.
N.
The Commission or an authorized committee of the SB2856 - 34 - LRB103 36409 AWJ 66511 b 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.
SECTION§ 12.3012A.
OVERSIGHT,Oversight, DISPUTEdispute RESOLUTION,resolution, ANDand ENFORCEMENTenforcement. A.
Oversight(a)(1) 1.Oversight.
The executive, legislative, and judicial branches of Statestate government in each Member Statestate shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact'sCompact’s purposes and intent.
2.(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.
AllLC 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 SB2856 - 35 - LRB103 36409 AWJ 66511 b matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.
3.CGW :
TheCM CommissionPage shall17 be entitled to receive service of process21 inReleased: any such proceeding and shall have standing to intervene in such a proceeding for all purposes.
04/05/2022 05:31 PM (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.
B.(b) Default, technical assistance, and termination.
Default,If Technicalthe Assistance,Commission anddetermines Terminationthat 1.a Member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:
If(1) Provide written notice to the Commissiondefaulting determinesstate thatand aother Member Statestates hasof defaultedthe innature of the performancedefault, the proposed means of itscuring obligationsthe ordefault responsibilitiesand/or underany thisother Compactaction orto thebe promulgatedtaken Rules,by the CommissionCommission; shall:
a.and (2) Provide remedial training and specific technical assistance regarding the default.
Provide(c) writtenIf noticea state in default fails to cure the default, the defaulting Statestate andmay otherbe Memberterminated Statesfrom the Compact upon an affirmative vote of thea naturemajority of the default,Member thestates, proposedand meansall ofrights, curingprivileges theand defaultbenefits orconferred anyby otherthis actionCompact tomay be takenterminated byon the Commission;effective date of termination.
andA b.cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
Provide(d) remedialTermination trainingof andmembership specificin technicalthe assistanceCompact regardingshall thebe default.imposed only after all other means of securing compliance have been exhausted.
C.Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the Member states.
If(e) aA Memberstate Statethat inhas defaultbeen failsterminated tois cureresponsible thefor default,all theassessments, defaultingobligations, Memberand Stateliabilities mayincurred bethrough terminated from the Compacteffective upondate an affirmative vote of atermination, majorityincluding ofobligations thethat Memberextend States,beyond and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination.
A(f) cureThe ofCommission theshall defaultnot doesbear notany relievecosts therelated offendingto Membera Statestate ofthat obligationsis found to be in default or liabilitiesthat incurredhas SB2856been -terminated 36from -the LRB103Compact, 36409unless AWJagreed 66511upon bin duringwriting between the periodCommission ofand default.the defaulting state.
D.(g) The defaulting state may appeal the action of the Commission by petitioning the U.S.