Iowa 2023-2024 Regular Session Status: Enacted

HF 671 — A bill for an act establishing the professional counselors licensure compact.

Last action — Signed by Governor.

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

This bill has been enacted into law. Introduced March 20, 2023. Enacted.

Signed by Governor Kim Reynolds (Republican) on June 01, 2023.

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    1 primary, 0 co-sponsors signed on.

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K i m R e y n o l d s O f f i c e o f t h e G o v e r n o r A d a m Gregg G O V E R N O R L T G O V E R N O R June 1.2023 The Honorable Paul Pate Secrelar}'ofStateofIowa StaleCapitol Des Moines.Iowa 50319 Dear Mr.Secretary, 1hereby transmit:
House File 671 - Enrolled House File 671 AN ACT ESTABLISHING THE PROFESSIONAL COUNSELORS LICENSURE COMPACT.
House File671,anactestablishingtheprofessionalcounselorslicensurecompact.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveHouse Fileisherebyapprovedonthisdate.
Section 1.
Sincerely.
NEW SECTION.
Kim ReyiVplds Governor of Iowa cc:
147G.1 Professional counselors licensure compact.
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,I O W A 50319515.281.5211 FAX 515.725.352WWW.GOVERNOR.IOWA.GOV H o u s e F i l e 6 7 1 A NA C T E S T A B L I T H EP R O F E S S C O U N S E L I C E N SC O M P A C T .
B EI T E N A C B Y T H G E N E RA S S E MO FLT H S T A O F I O W A :
S e c t i o nNEW.
S E C T I 1 4 7 G .Professional counselors licensure compact.
Purpose, The purpose of this compact is to facilitate the 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 the interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services.
Increase public access to professional counseling services by providing for the mutual recognition of other member s t a t e l i c e n s e s .
Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses.
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 m e m bs t a t e l i c e n s e s .
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.
Definitions, As used in this compact, and except as otherwise provided:
Definitions.
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 reserves on active duty orders pursuant to 10 U.S.C.
As used in this compact, and except as otherwise provided:
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 reserves on active duty orders pursuant to 10 U.S.C.
b, "^Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a licensed professional counselor's authorization to practice, including issuance of a cease and d e s ia c t i o n .
b.
c, '"Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
“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.
d, '"Continuing competence" and/or '"continuing education" means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or a r eo f w o r k .
c.
e, '"Counseling compact commission" or '"commission" means the House File 671, p.
“Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
d.
“Continuing competence” and/or “continuing education” means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work.
e.
“Counseling compact commission” or “commission” means the House File 671, p.
f» ^Current significant investigative information"' means all of the following;
f.
(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 m i n i n f r a c t i o n .
“Current significant investigative information” means all of the following:
(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.
g, '"'Data system" means a repository of information about licensees, including but not limited to continuing education, examination, licensure, investigative, privilege to practice, a n a d v e r s e a i n f o r m a t i o n .
g.
h, '"'Encumbered license" means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the national practitioners data bank.
“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, '"'Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.
h.
7*.
“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.
'"'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.
k, '"'Home state" means the member state that is the licensee's primary state of residence.
'"'Impaired practitioner" means an individual who has a condition that may impair the individual's ability to practice as a licensed professional counselor without some type of intervention and may include but is not limited to alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
“Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.
m, '"'Investigative information" means information, records, and documents received or generated by a professional House File 671, p.
j.
“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.
k.
“Home state” means the member state that is the licensee’s primary state of residence.
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l.
“Impaired practitioner” means an individual who has a condition that may impair the individual’s ability to practice as a licensed professional counselor without some type of intervention and may include but is not limited to alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
m.
“Investigative information” means information, records, and documents received or generated by a professional House File 671, p.
"^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.
o, ^Licensed professional counselor" means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.
o.
“Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.
"^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.
q, ^Licensing board" means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.
q.
“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.
s, ^Privilege to practice" means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.
s.
t, "^Professional counseling" means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.
“Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.
u, "'Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.
t.
V.
“Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.
"'Rule" means a regulation promulgated by the commission t h ahas t h e f o r c e o f l a w .
u.
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.
“Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.
X, ""state" means any state, commonwealth, district, or territory of the United States that regulates the practice of professional counseling.
v.
“Rule” means a regulation promulgated by the commission that has the force of law.
w.
“Single-state license” means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
x.
“State” means any state, commonwealth, district, or territory of the United States that regulates the practice of professional counseling.
"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 House Pile 671, p.
“Unencumbered license” means a license that authorizes House File 671, p.
State participation in the compact, a.
State participation in the compact.
a.
(3) Require a licensee to have a sixty semester-hour or ninety quarter-hour master's degree in counseling or sixty semester-hours or ninety quarter-hours of graduate course work including the following topic areas:
(3) Require a licensee to have a sixty semester-hour or ninety quarter-hour master’s degree in counseling or sixty semester-hours or ninety quarter-hours of graduate course work including the following topic areas:
(4) Require a licensee to complete a supervised postgraduate professional experience as defined by the c o m m i s s i o n .
(4) Require a licensee to complete a supervised postgraduate professional experience as defined by the commission.
b, A member state shall do all of the following:
b.
(1) Participate fully in the commission's data system, including using the commission's unique identifier as defined i nr u l e s .
A member state shall do all of the following:
(1) 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 House File 671r p.
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 House File 671, p.
6 record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal r e c o r d s .
6 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 l i c e n sd e c i s i o n s .
(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.
(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.
(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.
(7) Provide for the attendance of the state's commissioner at commission meetings.
(7) Provide for the attendance of the state’s commissioner at commission meetings.
c, A member state may charge a fee for granting the privilege to practice.
c.
cf.
A member state may charge a fee for granting the privilege to practice.
An individual 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.
d.
An individual 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.
Privilege to practice* a.
Privilege to practice.
To exercise the privilege to practice under the terms of the compact, the licensee shall do all of the following;
a.
To exercise the privilege to practice under the terms of the compact, the licensee shall do all of the following:
(3) Be eligible for a privilege to practice in any member state in accordance with paragraphs , and , (4) Have not had any encumbrance or restriction against any license or privilege to practice within the previous two years from the date of application.
(3) Be eligible for a privilege to practice in any member state in accordance with paragraphs “d”, “g”, and “h”.
(4) Have not had any encumbrance or restriction against any license or privilege to practice within the previous two years from the date of application.
(9) Report to the commission any adverse action, encumbrance, or restriction on any license taken by any nonmember state within thirty days from the date the action is t a k e n .
(9) Report to the commission any adverse action, encumbrance, or restriction on any license taken by any nonmember state within thirty days from the date the action is taken.
The licensee must comply with the requirements of paragraph ^a" to maintain the privilege to practice in the remote state.
The licensee must comply with the requirements of paragraph “a” to maintain the privilege to practice in the remote state.
c, A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
c.
d, A licensee providing professional counseling services in a remote state is subject to that state's regulatory authority.
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 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, or take any other necessary actions to protect the health and safety of its citizens.
d.
The licensee may be ineligible for a House Pile Sll, p.
A licensee providing professional counseling services in a remote state is subject to that state’s regulatory authority.
A remote state may, in accordance with due process and that state’s laws, remove a licensee’s privilege to practice in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens.
The licensee may be ineligible for a House File 671, p.
f .
f.
O n c e an encumbered license in the home state i s restored to good standing, the licensee must meet the requirements of paragraph to obtain a privilege to practice in any remote s t a t e .
Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of paragraph “a” to obtain a privilege to practice in any remote state.
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 all of 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 all of the following occur:
Once the requirements of paragraph have been met, the licensee must meet the requirements of paragraph to obtain a privilege to practice in a remote state.
Once the requirements of paragraph “g” have been met, the licensee must meet the requirements of paragraph “a” to obtain a privilege to practice in a remote state.
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.
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.
9 new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in subsection via the data system, without need for primary source verification except for the following:
9 new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in subsection 4 via the data system, without need for primary source verification except for the following:
(a) A federal bureau of investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in a c c o r d with P u b .
(a) A federal bureau of investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Pub.
L .
L.
N o .
No.
9 2 - 5 4 4 .
92-544.
(b) Other criminal background checks as required by the new h o ms t a t e .
(b) Other criminal background checks as required by the new home state.
(c) Completion of any requisite jurisprudence requirements o ft h n e wh o ms t a t e .
(c) Completion of any requisite jurisprudence requirements of the new home state.
( 3 )The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission.
(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.
(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a n e h o m e s t l i c e n s e .
(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.
If a licensed professional counselor changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single state license in t h n e s t a t e .
If a licensed professional counselor changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single state license in the new 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;
Nothing in this compact shall affect the requirements established by a member state for the issuance of a single s t a l i c e n s e .
Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
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 subsection .
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 subsection 5.
Compact privilege to practice telehealth, a.
Compact privilege to practice telehealth.
a.
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.
b.
A d v e r s e a c t i o n s , a.
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.
8.
Adverse actions.
a.
(1) Take adverse action against a licensed professional counselor's privilege to practice within that member state.
(1) 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 e v i d e n c e a r e l o c a t e d .
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.
(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.
(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.
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 s h a l l be deactivateuntil a l l encumbrances have been removed f r o the state l i c e n sAll 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.
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.
Nothing in this compact shall override a member state's decision that participation in an alternative program may be u s ei nl i e o fa d v e a c t i o n .
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.
(1) The commission is an instrumentality of the compact s t a t e s .
(1) The commission is an instrumentality of the compact states.
( 1 )Each member state shall have and be limited to one delegate selected by that member state's licensing board.
(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing board.
(a) A current member of the licensing board at the time of appointment who is a licensed professional counselor or public m e m b e r .
(a) A current member of the licensing board at the time of appointment who is a licensed professional counselor or public member.
(5) Each delegate shall be entitled to one 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 o f the commission.
(5) Each delegate shall be entitled to one 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 m e a n sc o m m u n i c a t i o n .
The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
The commission shall have the following powers and d u t i e s :
The commission shall have the following powers and duties:
(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 n o b ea f f e c t e d .
(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.
(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.
(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.
provided that at all times the commission shall avoid any appearance of impropriety o rc o n f l i ci n t e r e s t .
provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or m i x e d .
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
d .
d.
T h e executive committee, (1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
The executive committee.
(2) The executive committee shall be composed of up to e l e vm e m b e r s :
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
(2) The executive committee shall be composed of up to eleven members:
(b) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures.
(b) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission’s internal personnel practices and procedures.
(e) Accusing any person of a crime or formally censuring any p e r s o n .
(e) Accusing any person of a crime or formally censuring any person.
(j) Matters specifically exempted from disclosure by f e d e o r m e m bs t a s t a t u t e .
(j) Matters specifically exempted from disclosure by federal or member state statute.
16 pursuant to this paragraph the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
16 pursuant to this paragraph “e”, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
A l l documents considered in connection with an action shall be identified in such minutes.
All documents considered in connection with an action shall be identified in such minutes.
A l l minutes and documents o f a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
Financing the commission, (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
Financing the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
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 House Pile 671, p.
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 House File 671, p.
Qualified immunity^ defense, and indemnification.
Qualified immunity, defense, and indemnification.
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 or willful or wanton misconduct of that person.
provided that nothing in this paragraph “g” shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
provided that nothing herein shall be construed to prohibit that person from retaining the person's own counsel;
provided that nothing herein shall be construed to prohibit that person from retaining the person’s own counsel;
and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
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.
House Pile 671/ p.
House File 671, p.
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 i n d i v i d u memberis t a t e s .
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.
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 all of the following:
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 all of the following:
(5) Any denial of application for licensure/ and the reason f o s u cd e n i a l .
(5) Any denial of application for licensure, and the reason for such denial.
(7) Other information that may facilitate the administration of this compact/ as determined by the rules of t h c o m m i s s i o n .
(7) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
Adverse action information pertaining to a licensee in any member state will be available to any o t h m e m b s t a t e .
Adverse action information pertaining to a licensee in any member state will be available to any other member 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 s t a t 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.
Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission s h a b e i n v a a n h a vn o f o r o re f f e c t .
Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force or effect.
The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by any of the following;
The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by any of the following:
(4) Nothing in this paragraph shall be construed as requiring a separate hearing on each rule.
(4) Nothing in this paragraph “h” shall be construed as requiring a separate hearing on each rule.
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 c o m m e r e c e i v e d .
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.
1, The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the House File 671, p.
l.
21 effective date of the rule, if any, based on the rulemaking r e c oa n dt h e f ut e xo ft h er u l e .
The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the House File 671, p.
21 effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(1) Meet an imminent threat to public health, safety, or w e l f a r e .
(1) Meet an imminent threat to public health, safety, or welfare.
73.
n.
The commission or a n authorized committee o f 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.
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.
Oversight, dispute resolution, and enforcement, a.
Oversight, dispute resolution, and enforcement.
Oversight, (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent.
a.
Oversight.
(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent.
22 (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 t h c o m m i s s i o n .
22 (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.
(a) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the c o m m i s s i o n .
(a) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission.
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 e a co ft h em e m bs t a t e s .
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.
The commission shall not bear any costs related to a s t a tt h a t i s f t o b e i d e f a u lt h a t h a s b e e n terminated from the compact unless agreed upon in writing between the commission and the defaulting 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 state may appeal the action of the commission by petitioning the United States district court f o t h e D i s t r i c t o f C o t h e f e d e r a l d w h e r e c t the commission has its principal offices.
The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices.
i .
i.
E n f o r c e m e n t .
Enforcement.
( 1 )The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
( 3 )The remedies herein shall not be the exclusive remedies of the commission.
(3) The remedies herein shall not be the exclusive remedies of the commission.
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.
(1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective d a to fw i t h d r a w a l .
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all m e m bs t a t e s .
No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
If this compact House Pile 671, p.
If this compact House File 671, p.
Binding effect of compact and other laws, a.
Binding effect of compact and other laws.
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 r e m os t a t e .
a.
A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that m e m b e r a t a t e .
In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
P A G R A S S L E Y A M SINC;iATR Speaker of thi^ House P r e s i o ft h eS e n a t e I hereby certify that this bill originated in the House and is known as House File 671, Ninetieth General Assembly.
______________________________ ______________________________ PAT GRASSLEY AMY SINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 671, Ninetieth General Assembly.
MEGHAN\NELSON Chief\jCler t h H o u s e Approved 2 0 2 3 KIM RKYNOLDS G o v e r n o r
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Explanation of vote.

  4. Message from Senate.

  5. Immediate message.

  6. Passed Senate, yeas 49, nays 0.

  7. Substituted for SF 127.

  8. Read first time, attached to SF 127.

  9. Message from House.

  10. Immediate message.

  11. Passed House, yeas 98, nays 0.

  12. Introduced, placed on Ways and Means calendar.

Sponsors

  • COMMITTEE ON WAYS AND MEANS · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

  • COMMITTEE ON WAYS AND MEANS

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

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

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare labor
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Frequently asked questions

Who sponsors HF 671?
HF 671 is sponsored by COMMITTEE ON WAYS AND MEANS.
What is the current status of HF 671?
This bill has been enacted into law. Introduced March 20, 2023. Enacted.
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