Comparing SB 2856 → SB 257 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ...

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*LRB10336409AWJ66511b* SB2856 103RD GENERAL ASSEMBLY State of Illinois and 2024 SB2856 Introduced 1/19/2024, by Sen.
SPONSOR:
Laura Fine SYNOPSIS AS INTRODUCED:
Sen.
New Act ILCS 107/12 new Creates the Counseling Compact Act.
Gay & Sen.
Provides that the State of Illinois enters into the Counseling Compact.
Brown & Rep.
Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services.
Dorsey Walker Sens.
Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement.
Bonini, Ennis, Hansen, Hocker, Lawson, Lockman, Lopez, Mantzavinos, S.
Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact.
McBride, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Sokola, Sturgeon, Townsend, Walsh, Wilson;
Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.
Reps.
Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact.
Briggs King, Osienski, Michael Smith DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.
Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact.
257 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A MULTISTATE PROFESSIONAL COUNSELOR LICENSURE COMPACT.
Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
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:
Short title.
Amend 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:
This Act may be cited as the Counseling Compact Act.
Chapter 30A.
Section 5.
Multistate Professional Counselor Licensure Compact.
Counseling Compact.
§ 3001A.
The State of Illinois enters into the Counseling Compact in substantially the following form with all other states joining the Compact:
Purpose.
SECTION 1:
The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services.
PURPOSE The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services.
The practice of Professional Counseling occurs in the state where the client is located at the time of the counseling services.
The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services.
The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
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 public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses;
(2) Enhance the states’ ability to protect the public’s health and safety;
SB2856 - 2 - LRB103 36409 AWJ 66511 b B.
(3) Encourage the cooperation of Member states in regulating multistate practice for Licensed Professional Counselors;
Enhance the States' ability to protect the public's health and safety;
(4) Support spouses of relocating Active Duty Military personnel;
C.
(5) Enhance the exchange of licensure, investigative, and disciplinary information among Member states;
Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors;
(6) Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services;
D.
(7) Support the uniformity of Professional Counseling licensure requirements throughout the states to promote public safety and public health benefits;
Support spouses of relocating Active Duty Military personnel;
LC :
E.
CGW :
Enhance the exchange of licensure, investigative, and disciplinary information among Member States;
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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 for the use of Telehealth technology to facilitate increased access to Professional Counseling services;
(9) Eliminate the necessity for licenses in multiple states;
G.
and (10) Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.
Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits;
§ 3002A.
H.
Definitions.
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;
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
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;
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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 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.
(3) “Alternative Program” means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners.
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 Program" means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners.
(5) “Counseling Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.
D.
(6) “Current Significant Investigative Information” means:
"Continuing 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.
a.
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" means SB2856 - 4 - LRB103 36409 AWJ 66511 b the national administrative body whose membership consists of all States that have enacted the Compact.
or b.
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 :
"Data System" means a repository of information about Licensees, including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice and Adverse Action information.
CGW :
H.
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"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 Practitioner Data Bank (NPDB).
04/05/2022 05:31 PM (7) “Data System” means a repository of information about Licensees, including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice and Adverse Action information.
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" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board.
(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 Committee" means a group of directors SB2856 - 5 - LRB103 36409 AWJ 66511 b elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
(11) “Home state” means the Member state that is the Licensee’s primary state of residence.
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 State" means the Member State that is the Licensee's primary State of residence.
(13) “Investigative Information” means information, records, and documents received or generated by a Professional 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 Practitioner" means an individual who has a condition(s) that may impair the individual's 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.
(15) “Licensed Professional Counselor” means a counselor licensed by a Member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.
M.
(16) “Licensee” means an individual who currently holds an authorization from the state to practice as a Licensed Professional Counselor.
"Investigative Information" means information, records, and documents received or generated by a Professional Counseling Licensing Board pursuant to an investigation.
(17) “Licensing Board” means the agency of a state, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors.
N.
(18) “Member state” means a state that has enacted the Compact.
"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.
(19) “Privilege to Practice” means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote state.
O.
(20) “Professional Counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.
"Licensed Professional Counselor" means a counselor licensed by a Member State, regardless of the title used by that State, to independently assess, diagnose, and treat behavioral health conditions.
(21) “Remote State” means a Member state other than the Home state, where a Licensee is exercising or seeking to exercise the Privilege to Practice.
P.
LC :
"Licensee" means an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor.
CGW :
Q.
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"Licensing Board" means the agency of a State, or equivalent, that is responsible for the licensing and SB2856 - 6 - LRB103 36409 AWJ 66511 b regulation of Licensed Professional Counselors.
04/05/2022 05:31 PM 81 (22) “Rule” means a regulation promulgated by the Commission that has the force of law.
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 State" means a State that has enacted the Compact.
(24) “State” means any state, commonwealth, district, or territory of the 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 to Practice" means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote State.
(26) “Unencumbered License” means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.
T.
§ 3003A.
"Professional Counseling" means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.
State participation in the Compact.
U.
(a) To participate in the Compact, a state must currently:
"Remote State" means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice.
(1) License and regulate Licensed Professional Counselors;
V.
(2) Require Licensees to pass a nationally recognized exam approved by the Commission;
"Rule" means a regulation promulgated by the Commission that has the force of law.
(3) Require Licensees to have a 60 semester-hour (or 90 quarter-hour) master’s degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas:
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.
and i.
4.
(4) Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission;
Require Licensees to complete a supervised postgraduate professional experience as defined by the SB2856 - 8 - LRB103 36409 AWJ 66511 b Commission;
(5) Have a mechanism in place for receiving and investigating complaints about Licensees.
5.
(b) A Member state shall:
Have a mechanism in place for receiving and investigating complaints about Licensees.
(1) Participate fully in the Commission’s Data System, including using the Commission’s unique identifier as defined in Rules;
B.
LC :
A Member State shall:
CGW :
1.
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Participate fully in the Commission's Data System, including using the Commission's unique identifier as defined in Rules;
04/05/2022 05:31 PM (2) Notify the Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee;
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's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining 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.
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.
Communication between a Member State, the Commission and among Member States regarding the SB2856 - 9 - LRB103 36409 AWJ 66511 b 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.
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.
A Licensing Board may conduct national background checks by submitting fingerprints to the Federal Bureau of Investigation through the Member State's statewide policing authority.
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.
However, reports from the background checks may not be shared with entities outside of the Member State.
(4) Comply with the Rules of the Commission;
Applicants shall be responsible for all fees associated with the performance of the background checks.
(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;
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;
Comply with the Rules of the Commission;
and (7) Provide for the attendance of the state’s commissioner to the Counseling Compact Commission meetings.
5.
(c) Member states may charge a fee for granting the Privilege to Practice.
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;
(d) Individuals not residing in a Member state shall continue to be able to apply for a Member state’s Single State License as provided under the laws of each Member state.
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 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;
(e) Nothing in this Compact shall affect the requirements established by a Member state for the issuance of a Single State License.
and 7.
(f) A license issued to a Licensed Professional Counselor by a Home state to a resident in that state shall be recognized by each Member state as authorizing a Licensed Professional Counselor to practice Professional Counseling, under a Privilege to Practice, in each Member state.
Provide for the attendance of the State's commissioner to the Counseling Compact Commission meetings.
§ 3004A.
C.
Privilege to Practice.
Member States may charge a fee for granting the SB2856 - 10 - LRB103 36409 AWJ 66511 b Privilege to Practice.
(a) To exercise the Privilege to Practice under the terms and provisions of the Compact, the Licensee shall:
D.
LC :
Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single State License as provided under the laws of each Member State.
CGW :
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.
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E.
04/05/2022 05:31 PM (1) Hold a license in the Home state;
Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.
(2) Have a valid United States Social Security Number or National Practitioner 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 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.
(4) Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 2 years;
SECTION 4.
(5) Notify the Commission that the Licensee is seeking the Privilege to Practice within a Remote state;
PRIVILEGE TO PRACTICE A.
(6) Pay any applicable fees, including any state fee, for the Privilege to Practice;
To exercise the Privilege to Practice under the terms and provisions of the Compact, the Licensee shall:
(7) Meet any Continuing Competence/Education requirements established by the Home state;
1.
(8) Meet any Jurisprudence Requirements established by the Remote state in which the Licensee is seeking a Privilege to Practice;
Hold a license in the Home State;
and (9) Report to the Commission any Adverse Action, Encumbrance, or restriction on license taken by any non- Member state within 30 days from the date the action is taken.
2.
(b) The Privilege to Practice is valid until the expiration date of the Home state license.
Have a valid United States social security number or National Provider Identifier;
The Licensee must comply with the requirements of subsection (a) of 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 eligible for a Privilege to Practice in any Member State in accordance with Section 4(D), (G) and (H);
(d) A Licensee providing Professional Counseling services in a Remote state is subject to that state’s regulatory authority.
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.
Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 2 SB2856 - 11 - LRB103 36409 AWJ 66511 b years;
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.
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 the Commission that the Licensee is seeking the Privilege to Practice within a Remote State(s);
(1) The Home state license is no longer encumbered;
6.
and (2) Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 2 years.
Pay any applicable fees, including any State fee, for the Privilege to Practice;
(f) Once an Encumbered License in the Home state is restored to good standing, the Licensee must meet the requirements of subsection (a) of this section to obtain a Privilege to Practice in any Remote state.
7.
LC :
Meet any Continuing Competence/Education requirements established by the Home State;
CGW :
8.
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Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Privilege to Practice;
04/05/2022 05:31 PM (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:
and 9.
(1) The specific period of time for which the Privilege to Practice was removed has ended;
Report to the Commission any Adverse Action, Encumbrance, or restriction on a license taken by any non-Member State within 30 days from the date the action is taken.
(2) All fines have been paid;
B.
and (3) Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 2 years.
The Privilege to Practice is valid until the expiration date of the Home State license.
(h) Once the requirements of subsection (g) of this section have been met, the Licensee must meet the requirements in subsection (a) of this section to obtain a Privilege to Practice in a Remote state.
The Licensee must comply with the requirements of Section 4(A) to maintain the Privilege to Practice in the Remote State.
§ 3005A.
C.
Obtaining a new Home state license based on a Privilege to Practice.
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.
(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.
D.
(b) If a Licensed Professional Counselor changes Primary state of Residence by moving between 2 Member states:
A Licensee providing Professional Counseling services in a Remote State is subject to that State's regulatory authority.
(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.
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, SB2856 - 12 - LRB103 36409 AWJ 66511 b impose fines, or take any other necessary actions to protect the health and safety of its citizens.
(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 § 3004A of this title via the Data System, without need for primary source verification except for:
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:
a Federal Bureau of Investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with SB2856 - 14 - LRB103 36409 AWJ 66511 b Public Law 92-544;
A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92- 544;
other criminal background check as required by the new Home State;
Other criminal background check as required by the new Home state;
completion of any requisite Jurisprudence Requirements of the new Home State.
Completion of any requisite Jurisprudence Requirements of the new Home 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 former Home State shall convert the former Home State license into a Privilege to Practice once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission.
(4) Notwithstanding any other provision of this Compact, if the Licensed Professional Counselor cannot meet the criteria in § 3004A of this title, the new Home state may apply its requirements for issuing a new Single state License.
4.
LC :
Notwithstanding any other provision of this Compact, if the Licensed Professional Counselor cannot meet the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License.
CGW :
5.
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The Licensed Professional Counselor shall pay all applicable fees to the new Home State in order to be issued a new Home State license.
04/05/2022 05:31 PM (5) The Licensed Professional Counselor shall pay all applicable fees to the new Home state in order to be issued a new Home state license.
C.
(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 a Licensed Professional Counselor changes Primary State of Residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State.
(d) Nothing in this Compact shall interfere with a Licensee’s ability to hold a Single state License in multiple states, however for the purposes of this Compact, a Licensee shall have only one Home state license.
D.
(e) Nothing in this Compact shall affect the requirements established by a Member state for the issuance of a Single state License.
Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States.
§ 3006A.
However, for the purposes of this Compact, a Licensee SB2856 - 15 - LRB103 36409 AWJ 66511 b shall have only one Home State license.
Active Duty Military personnel or their spouses.
E.
Active Duty Military personnel, or their spouse, shall designate a Home state where the individual has a current license in good standing.
Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.
The individual may retain the Home state designation during the period the service member is on active duty.
SECTION 6.
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 § 3005A of this title.
ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES Active Duty Military personnel, or their spouse, shall designate a Home State where the individual has a current license in good standing.
§ 3007A.
The individual may retain the Home State designation during the period the service member is on active duty.
Compact Privilege to Practice Telehealth.
Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State, or through the process outlined in Section 5.
(a) Member states shall recognize the right of a Licensed Professional Counselor, licensed by a Home state in accordance with § 3003A of this title 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.
SECTION 7.
(b) A Licensee providing Professional Counseling services in a Remote state under the Privilege to Practice shall adhere to the laws and regulations of the Remote state.
COMPACT PRIVILEGE TO PRACTICE TELEHEALTH A.
§ 3008A.
Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 3 and under Rules promulgated by the Commission, to practice Professional Counseling in any Member State via Telehealth under a Privilege to Practice as provided in the Compact and Rules promulgated by the Commission.
Adverse Actions.
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 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.
(1) Take Adverse Action against a Licensed Professional Counselor’s Privilege to Practice within that Member state, and (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.
SB2856 - 16 - LRB103 36409 AWJ 66511 b SECTION 8.
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 LC :
ADVERSE ACTIONS A.
CGW :
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:
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04/05/2022 05:31 PM to subpoenas issued in proceedings pending before it.
Take Adverse Action against a Licensed Professional Counselor's Privilege to Practice within that Member State;
The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
and 2.
(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.
Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.
(b) For purposes of taking Adverse Action, the Home state shall give the same priority and effect to reported conduct received from a Member state as it would if the conduct had occurred within the Home state.
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.
In so doing, the Home state shall apply its own state laws to determine appropriate action.
The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.
(c) The Home state shall complete any pending investigations of a Licensed Professional Counselor who changes primary state of residence during the course of the investigations.
Only the Home State shall have the power to take Adverse Action against a Licensed Professional Counselor's license issued by the Home State.
The Home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator 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 purposes of taking Adverse Action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had SB2856 - 17 - LRB103 36409 AWJ 66511 b occurred within the Home State.
(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.
In so doing, the Home State shall apply its own State laws to determine appropriate action.
(e) A Member state may take Adverse Action based on the factual findings of the Remote state, provided that the Member state follows its own procedures for taking the Adverse Action.
C.
(f)(1) Joint investigations.
The Home State shall complete any pending investigations of a Licensed Professional Counselor who changes primary State of residence during the course of the investigations.
In addition to the authority granted to a Member state by its respective Professional Counseling practice act or other applicable state law, any Member state may participate with other Member states in joint investigations of Licensees.
The Home State shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
The administrator of the coordinated licensure information system shall promptly notify the new Home State of any Adverse Actions.
(g) If Adverse Action is taken by the Home state against the license of a Licensed Professional Counselor, the Licensed Professional Counselor’s Privilege to Practice in all other Member states shall be deactivated until all Encumbrances have been removed from the state license.
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 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.
(h) If a Member state takes Adverse Action, it shall promptly notify the administrator of the Data System.
E.
The administrator of the Data System shall promptly notify the Home state of any Adverse Actions by Remote states.
A Member State may take Adverse Action based on the factual findings of the Remote State, provided that the Member State follows its own procedures for taking the Adverse Action.
LC :
F.
CGW :
Joint Investigations:
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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 addition to the authority granted to a Member State by its respective Professional Counseling practice act or other applicable State law, any Member State may participate with other Member States in joint SB2856 - 18 - LRB103 36409 AWJ 66511 b investigations of Licensees.
§ 3009A.
2.
Establishment of Counseling Compact Commission.
Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
(a) The Compact Member states hereby create and establish a joint public agency known as the Counseling Compact Commission:
G.
(1) The Commission is an instrumentality of the Compact states.
If Adverse Action is taken by the Home State against the license of a Licensed Professional Counselor, the Licensed Professional Counselor's Privilege to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the State license.
(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.
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 in this Compact shall be construed to be a waiver of sovereign immunity.
(b)(1) Membership, Voting, and Meetings.
B.
Each Member state shall have and be limited to 1 delegate selected by that Member state’s Licensing Board.
Membership, Voting, and Meetings 1.
(2) The delegate shall 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 delegate may be removed or suspended from office as provided by the law of the State from which the delegate is appointed.
(4) The Member state Licensing Board shall fill any vacancy occurring on the Commission within 60 days.
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 Member State Licensing Board shall fill any vacancy occurring on the Commission within 60 days.
(6) A delegate shall vote in person or by such other means as provided in the bylaws.
5.
The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
Each delegate shall 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 otherwise have an opportunity to participate in the business and affairs of the Commission.
(7) The Commission shall meet at least once during each calendar year.
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.
The Commission shall by Rule establish a term of office for delegates and may by Rule establish term limits.
(c) The Commission shall have the following powers and duties:
C.
(1) Establish the fiscal year of the Commission;
The Commission shall have the following powers and duties:
LC :
1.
CGW :
Establish the fiscal year of the Commission;
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04/05/2022 05:31 PM (2) Establish bylaws;
Establish bylaws;
(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 its financial records in accordance with the bylaws;
(5) Promulgate Rules which shall be binding to the extent and in the manner provided for in the 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 and take such actions as are consistent with the provisions of this Compact and the bylaws;
(7) Purchase and maintain insurance and bonds;
5.
(8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member state;
Promulgate Rules which shall be binding to the extent and in the manner provided for in the Compact;
(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;
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;
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 SB2856 - 21 - LRB103 36409 AWJ 66511 b applicable law shall not be affected;
provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
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, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
(13) Establish a budget and make expenditures;
SB2856 - 22 - LRB103 36409 AWJ 66511 b 13.
(14) Borrow money;
Establish a budget and make expenditures;
(15) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
14.
(16) Provide and receive information from, and cooperate with, law enforcement agencies;
Borrow money;
(17) 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 committees, including standing committees composed of members, State regulators, State legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
(d)(1) The Executive Committee.
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 :
The Executive Committee shall be composed of up to 11 members:
CGW :
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04/05/2022 05:31 PM (2) The Executive Committee shall be composed of up to 11 members:
Up to 4 ex officio, nonvoting members from 4 recognized national professional counselor organizations.
Up to 4 ex-officio, nonvoting members from 4 recognized national professional counselor organizations.
SB2856 - 23 - LRB103 36409 AWJ 66511 b c.
c.
The ex officio members will be selected by their respective organizations.
The ex-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.
The Commission may remove any member of the Executive Committee as provided in bylaws.
(4) The Executive Committee shall meet at 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 States such as annual dues, and any Commission Compact 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;
Monitor Compact compliance of Member States and provide compliance reports to the Commission;
Monitor Compact compliance of Member states and provide compliance reports to the Commission;
Perform other duties as provided in Rules or bylaws.
Other duties as provided in Rules or bylaws.
E.
(e)(1) Meetings of the Commission.
Meetings of the Commission 1.
All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in § 3011A of this title.
All meetings shall be open to the public, and SB2856 - 24 - LRB103 36409 AWJ 66511 b public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in Section 11.
(2) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:
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:
Noncompliance of a Member State with its obligations under the Compact;
Non-compliance of a Member state 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's internal personnel practices and procedures;
The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;
g.
LC :
CGW :
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04/05/2022 05:31 PM g.
SB2856 - 25 - LRB103 36409 AWJ 66511 b h.
h.
Matters specifically exempted from disclosure by federal or Member State statute.
Matters specifically exempted from disclosure by federal or Member state 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 a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed.
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.
Financing of the Commission 1.
The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, SB2856 - 26 - LRB103 36409 AWJ 66511 b organization, and ongoing activities.
(2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
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 Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member states.
3.
(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same;
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.
nor shall the Commission pledge the credit of any of the Member states, except by and with the authority of the Member state.
The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States.
(5) The Commission shall keep accurate accounts of all receipts 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 licensed 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.
However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or LC :
G.
CGW :
Qualified Immunity, Defense, and Indemnification 1.
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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;
04/05/2022 05:31 PM licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
provided that nothing in this paragraph 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.
(g)(1) Qualified Immunity, Defense, and Indemnification.
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;
The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities;
provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
SB2856 - 28 - LRB103 36409 AWJ 66511 b provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel;
(2) The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities;
and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional, willful, or wanton misconduct.
provided that nothing herein shall be construed to prohibit that person from retaining his or her 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.
The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.
(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 10.
§ 3010A.
DATA SYSTEM A.
Data system.
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.
(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and Investigative Information on all licensed individuals in Member states.
B.
(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 any other 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) Identifying information;
1.
LC :
Identifying information;
CGW :
2.
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Licensure data;
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3.
(3) Adverse Actions against a license or Privilege to Practice;
Adverse Actions against a license or Privilege to Practice;
(4) Non-confidential information related to Alternative Program participation;
4.
(5) Any denial of application for licensure, and the reason for such denial;
Non-confidential information related to Alternative Program participation;
(6) Current Significant Investigative Information;
5.
and (7) Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.
Any denial of application for licensure, and the reason(s) for such denial;
(c) Investigative Information pertaining to a Licensee in any Member state 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.
Current Significant Investigative Information;
Adverse Action information pertaining to a Licensee in any Member state will be available to any other Member state.
and 7.
(e) Member states contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing state.
Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.
(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.
C.
§ 3011A.
Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.
Rulemaking.
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 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.
(d) Rules or amendments to the Rules shall be adopted at a regular or special meeting of the Commission.
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:
Rules or amendments to the Rules shall be adopted at a regular or special meeting of the Commission.
LC :
E.
CGW :
Prior to promulgation and adoption of a final 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:
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04/05/2022 05:31 PM (1) On the website of the Commission or other publicly accessible platform;
On the website of the Commission or other publicly accessible platform;
and (2) On the website of each Member state Professional Counseling Licensing Board or other publicly accessible platform or the publication in which each state would otherwise publish proposed Rules.
and 2.
(f) The Notice of Proposed Rulemaking shall include:
On the website of each Member State Professional Counseling Licensing Board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules.
(1) The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon;
F.
(2) The text of the proposed Rule or amendment and the reason for the proposed Rule;
The Notice of Proposed Rulemaking shall include:
(3) A request for comments on 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 proposed time, date, and location of the meeting in which the Rule will be considered and voted upon;
(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.
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 text of the proposed Rule or amendment and the reason for the proposed Rule;
(1) At least 25 persons;
3.
(2) A state or federal governmental subdivision or agency;
A request for comments on the proposed Rule from any interested person;
or (3) An association having at least 25 members.
and 4.
(i)(1) 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.
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 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.
(3) 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.
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.
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 SB2856 - 33 - LRB103 36409 AWJ 66511 b comments received.
LC :
K.
CGW :
If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing.
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L.
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.
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.
(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 an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of Commission or Member state funds;
2.
(3) Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule;
Prevent a loss of Commission or Member State funds;
or (4) Protect public health and safety.
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.
Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule;
Public notice of any revisions shall be posted on the website of the 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, DISPUTE RESOLUTION, AND ENFORCEMENT A.
Oversight, dispute resolution, and enforcement.
Oversight 1.
(a)(1) Oversight.
The executive, legislative, and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent.
The executive, legislative, and judicial branches of state government in each Member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent.
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.
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 SB2856 - 35 - LRB103 36409 AWJ 66511 b matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.
LC :
3.
CGW :
The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes.
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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, Technical Assistance, and Termination 1.
If the Commission determines that a Member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:
If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:
(1) Provide written notice to the defaulting state and other Member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission;
a.
and (2) Provide remedial training and specific technical assistance regarding the default.
Provide written notice to the defaulting State and other Member States of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission;
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the Member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination.
and b.
A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
Provide remedial training and specific technical assistance regarding the default.
(d) Termination of membership in the Compact shall be 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 a Member State in default fails to cure the default, the defaulting Member State may be terminated from the Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination.
(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
A cure of the default does not relieve the offending Member State of obligations or liabilities incurred SB2856 - 36 - LRB103 36409 AWJ 66511 b during the period of default.
(f) The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
D.
(g) The defaulting state may appeal the action of the Commission by petitioning the U.S.