Comparing SB 2856 → HB 65 — AN ACT relating to the Licensed Professional Counseling Com...

Struck = only in SB 2856 · added = only in HB 65.

Previous
Latest
*LRB10336409AWJ66511b* SB2856 103RD GENERAL ASSEMBLY State of Illinois and 2024 SB2856 Introduced 1/19/2024, by Sen.
UNOFFICIAL COPY 22 RS HB 65/GA AN ACT relating to the Licensed Professional Counseling Compact.
Laura Fine SYNOPSIS AS INTRODUCED:
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
New Act ILCS 107/12 new Creates the Counseling Compact Act.
SECTION 1.
Provides that the State of Illinois enters into the Counseling Compact.
A NEW SECTION OF KRS 335.500 TO 335.599 IS CREATED TO READ AS FOLLOWS:
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.
SECTION 1.
Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement.
Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact.
Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.
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.
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.
Provides that the changes to the Professional Counselor and Clinical Professional Counselor 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:
Section 1.
Short title.
This Act may be cited as the Counseling Compact Act.
Section 5.
Counseling Compact.
The State of Illinois enters into the Counseling Compact in substantially the following form with all other states joining the Compact:
SECTION 1:
SB2856 - 2 - LRB103 36409 AWJ 66511 b B.
B.
Enhance the States' ability to protect the public's health and safety;
Enhance the States’ ability to protect the public’s health and safety;
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;
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 Page 1 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA of Member State licenses;
SB2856 - 3 - LRB103 36409 AWJ 66511 b SECTION 2.
SECTION 2.
DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions apply:
DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions shall apply:
Chapters 1209 and 1211.
Chapters 1209 and 1211;
"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;
"Alternative Program" means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners.
"Alternative Program" means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners;
"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.
"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;
"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.
"Counseling Compact Commission" or "Commission" means the national administrative body whose membership consists of all States that have enacted the Compact;
1.
Page 2 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA 1.
Investigative Information that indicates that the Licensed Professional Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond.
Investigative Information that indicates that the Licensed Professional Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond;
"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.
"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;
"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).
"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.
"Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board;
"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.
"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;
"Home State" means the Member State that is the Licensee's primary State of residence.
"Home State" means the Member State that is the Licensee’s primary State of residence;
"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.
"Impaired Practitioner" means an individual who has a condition(s) that may impair their ability to practice as a Licensed Professional Counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments;
M.
Page 3 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA M.
"Investigative Information" means information, records, and documents received or generated by a Professional Counseling Licensing Board pursuant to an investigation.
"Investigative Information" means information, records, and documents received or generated by a Professional Counseling Licensing Board pursuant to an investigation;
Show all 200 changed rows (160 more)
Previous
Latest
"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.
"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;
"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.
"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;
"Licensee" means an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor.
"Licensee" means an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor;
"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.
"Licensing Board" means the agency of a State, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors;
"Member State" means a State that has enacted the Compact.
"Member State" means a State that has enacted the Compact;
"Privilege to Practice" means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote State.
"Privilege to Practice" means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote State;
"Professional Counseling" means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.
"Professional Counseling" means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor;
"Remote State" means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice.
"Remote State" means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice;
"Rule" means a regulation promulgated by the Commission that has the force of law.
"Rule" means a regulation promulgated by the Commission that has the force of law;
"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.
"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;
"State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling.
"State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling;
Y.
Page 4 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA Y.
"Telehealth" means the application of telecommunication technology to deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions.
"Telehealth" means the application of telecommunication technology to deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions;
"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.
"Unencumbered License" means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.
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:
Require Licensees to have a sixty (60) semester-hour (or ninety (90) quarter-hour) master’s degree in counseling or sixty (60) semester-hours (or ninety (90) quarter-hours) of graduate course work including the following topic areas:
Require Licensees to complete a supervised postgraduate professional experience as defined by the SB2856 - 8 - LRB103 36409 AWJ 66511 b Commission;
Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission;
5.
Page 5 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA 5.
Participate fully in the Commission's Data System, including using the Commission's unique identifier as defined in Rules;
Participate fully in the Commission’s Data System, including using the Commission’s unique identifier as defined in Rules;
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 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 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.
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 Pub.
c.
L.
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.
No.
However, reports from the background checks may not be shared with entities outside of the Member State.
92-544;
Applicants shall be responsible for all fees associated with the performance of the background checks.
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;
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, Page 6 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA as well as all other applicable State laws;
Provide for the attendance of the State's commissioner to the Counseling Compact Commission meetings.
Provide for the attendance of the State’s commissioner to the Counseling Compact Commission meetings.
Member States may charge a fee for granting the SB2856 - 10 - LRB103 36409 AWJ 66511 b Privilege to Practice.
Member States may charge a fee for granting the Privilege to Practice.
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.
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.
Have a valid United States social security number or National Provider Identifier;
Have a valid United States Social Security Number or National Practitioner Identifier;
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;
Have not had any Encumbrance or restriction against any license or Page 7 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA Privilege to Practice within the previous two (2) years;
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.
Report to the Commission any Adverse Action, Encumbrance, or restriction on license taken by any non-Member State within thirty (30) days from the date the action is taken.
A Licensee providing Professional Counseling services in a Remote State is subject to that State's regulatory authority.
A Licensee providing Professional Counseling services in a Remote State is subject to that State’s regulatory authority.
A Remote State may, in accordance with due process and that State's laws, remove a Licensee's Privilege to Practice in the Remote State for a specific period of time, SB2856 - 12 - LRB103 36409 AWJ 66511 b impose fines, or take any other necessary actions to protect the health and safety of its citizens.
A Remote State may, in accordance with due process and that State’s laws, remove a Licensee’s Privilege to Practice in the Remote State for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.
and 2.
and Page 8 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA 2.
The licensee has not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 2 years.
The Licensee has not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years.
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:
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:
The licensee has paid all fines that have been imposed;
All fines have been paid;
The licensee has not had any Encumbrance or restriction against any license or Privilege to Practice within the previous 2 years.
Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years.
SB2856 - 13 - LRB103 36409 AWJ 66511 b H.
H.
SECTION 5:
SECTION 5.
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.
A Licensed Professional Counselor may hold a Home State license, which allows for a Privilege to Practice in other Member States, in only one (1) Member State at a time.
If a Licensed Professional Counselor changes primary State of residence by moving between two Member States:
If a Licensed Professional Counselor changes primary State of residence by moving between two (2) Member States:
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:
Upon receipt of an application for obtaining a new Home State license by Page 9 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA 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.
Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States.
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 SB2856 - 15 - LRB103 36409 AWJ 66511 b shall have only one Home State license.
However, for the purposes of this Compact, a Page 10 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA Licensee shall have only one (1) Home State license.
SB2856 - 16 - LRB103 36409 AWJ 66511 b SECTION 8.
SECTION 8.
Take Adverse Action against a Licensed Professional Counselor's Privilege to Practice within that Member State;
Take Adverse Action against a Licensed Professional Counselor’s Privilege to Practice within that Member 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.
Subpoenas issued by a Licensing Board in a Member State for the Page 11 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA 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.
Only the Home State shall have the power to take Adverse Action against a Licensed Professional Counselor's license issued by the Home State.
Only the Home State shall have the power to take Adverse Action against a Licensed Professional Counselor’s license issued by the Home State.
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.
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.
F.
Page 12 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA F.
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.
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.
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.
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.
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.
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.
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.
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.
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:
The Compact Member States hereby create and establish a joint public agency known as the Counseling Compact Commission:
The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
The Commission Page 13 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
Each Member State shall have and be limited to one delegate selected by that Member State's Licensing Board.
Each Member State shall have and be limited to one (1) delegate selected by that Member State’s Licensing Board.
The Member State Licensing Board shall fill any vacancy occurring on the Commission within 60 days.
The Member State Licensing Board shall fill any vacancy occurring on the Commission within sixty (60) days.
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.
Each delegate shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
2.
Page 14 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA 2.
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;
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;
Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;
Borrow, accept, or contract for services of personnel, including but not limited to employees of a Member State;
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;
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;
provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed;
Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;
SB2856 - 22 - LRB103 36409 AWJ 66511 b 13.
13.
14.
Page 15 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA 14.
The Executive Committee shall be composed of up to 11 members:
The Executive Committee shall be composed of up to eleven (11) members:
Seven voting members who are elected by the Commission from the current membership of the Commission;
Seven (7) voting members who are elected by the Commission from the current membership of the Commission;
Up to 4 ex officio, nonvoting members from 4 recognized national professional counselor organizations.
Up to four (4) ex-officio, nonvoting members from four (4) recognized national professional counselor organizations.
SB2856 - 23 - LRB103 36409 AWJ 66511 b c.
The ex-officio members shall be selected by their respective organizations.
The ex officio members will be selected by their respective organizations.
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 Page 16 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA States such as annual dues, and any Commission Compact fee charged to Licensees for the Privilege to Practice;
Perform other duties as provided in Rules or bylaws.
Other duties as provided in Rules or bylaws.
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.
All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in Section 11.
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:
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:
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;
f.
Page 17 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA f.
SB2856 - 25 - LRB103 36409 AWJ 66511 b h.
h.
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.
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.
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.
The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and Page 18 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA services.
5.
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 licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
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 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 Page 19 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA responsibilities;
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.
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, willful, or wanton misconduct of that person.
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;
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;
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;
provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel;
and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional, willful, or wanton misconduct.
and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional, willful, or wanton misconduct.
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.
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 Page 20 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA Member States.
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:
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:
Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.
Investigative Information pertaining to a Licensee in any Member State shall only be available to other Member States.
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.
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.
The Commission shall promulgate reasonable Rules in order to effectively and efficiently achieve the purpose of the Compact.
The Commission shall promulgate reasonable Rules in order to effectively and Page 21 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA efficiently achieve the purpose of the Compact.
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 four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.
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:
Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon;
The proposed time, date, and location of the meeting in which the Rule shall be considered and voted upon;
The text of the proposed Rule or amendment and the reason for the proposed Rule;
The text of the proposed Rule or amendment and the reason for the Page 22 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA proposed Rule;
SB2856 - 32 - LRB103 36409 AWJ 66511 b 1.
1.
At least 25 persons;
At least twenty-five (25) persons;
An association having at least 25 members.
An association having at least twenty-five (25) members.
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 five (5) business days before the scheduled date of the hearing.
All hearings will be recorded.
All hearings shall be recorded.
A copy of the recording will be made available on request.
A copy of the recording shall be made available on request.
4.
Page 23 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA 4.
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.
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.
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 ninety (90) days after the effective date of the Rule.
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.
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 Page 24 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA errors.
Public notice of any revision shall be posted on the website of the Commission.
Public notice of any revisions shall be posted on the website of the Commission.
The revision shall be subject to challenge by any person for a period of 30 days after posting.
The revision shall be subject to challenge by any person for a period of thirty (30) days after posting.
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.
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.
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.
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 Page 25 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA promulgated Rules, the Commission shall:
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;
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;
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.
If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination.
A cure of the default does not relieve the offending Member State of obligations or liabilities incurred SB2856 - 36 - LRB103 36409 AWJ 66511 b during the period of default.
A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
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.
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.
A Member 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 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.
The Commission shall not bear any costs related to a Member 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 Member State.
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.
The defaulting Member State may appeal the action of the Commission by petitioning the U.S.
The defaulting State may appeal the action of the Commission by petitioning the U.S.
The prevailing Member State shall be awarded all costs of such litigation, including reasonable attorney's fees.
The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
H.
Page 26 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA H.
Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and SB2856 - 37 - LRB103 36409 AWJ 66511 b non-Member States.
Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between member and non-Member States.
In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
The Compact shall come into effect on the date on which SB2856 - 38 - LRB103 36409 AWJ 66511 b the Compact statute is enacted into law in the tenth Member State.
The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth Member State.
Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact.
Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and Page 27 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA administration of the Compact.
Any State that joins the Compact subsequent to the Commission's initial adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State.
Any State that joins the Compact subsequent to the Commission’s initial adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State.
A Member State's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
A Member State’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
Withdrawal shall not affect the continuing requirement of the withdrawing State's Professional Counseling Licensing Board to comply with the investigative and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal.
Withdrawal shall not affect the continuing requirement of the withdrawing State’s Professional Counseling Licensing Board to comply with the investigative and Adverse Action reporting requirements of this Act prior to the effective date of withdrawal.
Nothing contained in this Compact shall be construed to invalidate or prevent any Professional Counseling licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the SB2856 - 39 - LRB103 36409 AWJ 66511 b provisions of this Compact.
Nothing contained in this Compact shall be construed to invalidate or prevent any Professional Counseling licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.
The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.
The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact Page 28 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.
A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of SB2856 - 40 - LRB103 36409 AWJ 66511 b the Remote State.
A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of the Remote State.
Section 90.
SECTION 16:
The Professional Counselor and Clinical Professional Counselor Licensing and Practice Act is amended by adding Section 12 as follows:
APPLICABILITY OF KENTUCKY STATE GOVERNMENT In order to clarify the effect of certain provisions of this Compact and to ensure that the rights and responsibilities of the various branches of government are maintained, the following shall be in effect in this state:
(225 ILCS 107/12 new) Sec.
A.
12.
By entering into this Compact, this State authorizes the Licensing Board as defined in Section 2(Q) of this Compact and as created by KRS Chapter 335 to Page 29 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA implement the provisions of this Compact.
Counseling Compact.
B.
(a) No later than 2 months after this Section's effective date under this amendatory Act of the 103rd General Assembly, the Board must submit a report to the General Assembly with SB2856 - 41 - LRB103 36409 AWJ 66511 b recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact that will be entered into pursuant to the Counseling Compact Act.
Notwithstanding any provision of this Compact to the contrary:
(b) No later than 6 months after this Section's effective date under this amendatory Act of the 103rd General Assembly, the Board and the Department shall modify, if needed, the Board's and the Department's rules to comply with the requirements of the Counseling Compact that will be entered into pursuant to the Counseling Compact Act.
1.
Section 99.
When a rule is adopted pursuant to Section 11 of this Compact, the Licensing Board of this State as defined by Section 2(Q) of this Compact shall have sixty (60) days to review the rule for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS 13A.190 and for filing the rule as an accompanying ordinary administrative regulation, following the requirements of KRS Chapter 13A.
Effective date.
Failure by the Licensing Board of this State as defined by Section 2(Q) of this Compact to promulgate a rule adopted by the Counseling Compact Commission as an administrative regulation pursuant to KRS Chapter 13A shall result in withdrawal as set forth in Section 13 of this Compact.
This Section and Section 90 take effect upon becoming law.
Nothing in these provisions shall negate the applicability of a Commission rule or Section 11 of this Compact to this state.
2.
If the proposed administrative regulation is found deficient and the deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the provisions of Section 12 of this Compact shall apply.
If the deficiency is resolved in a manner determined by the Commission to be inconsistent with this Compact or its rules, or if the procedures under Section 12 of this Compact fail to resolve an issue, the withdrawal provisions of Section 13 of this Compact shall apply.
3.
If a court of competent jurisdiction determines that the Counseling Compact Commission created by Section 9 of this Compact exercises its Rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted under this Compact, then such an action by the Commission shall be invalid and have no force or effect.
C.
Section 9(F) of this Compact pertaining to the financing of the Commission shall Page 30 of 31 HB006510.100 - 334 - XXXX GA UNOFFICIAL COPY 22 RS HB 65/GA not be interpreted to obligate the general fund of this State.
Any funds used to finance this Compact shall be from money collected pursuant to KRS 335.520.
D.
This Compact shall apply only to those Licensed Professional Counselors who practice or work under a Compact privilege.
Page 31 of 31 HB006510.100 - 334 - XXXX GA