HB 668 — An Act authorizing the Commonwealth of Pennsylvania to join the Counseling Compact; and providing for the form of the compact.

PRIOR PRINTER'S NO.

675 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1620668 THE2025 GENERALINTRODUCED ASSEMBLYBY OFO'MARA, PENNSYLVANIABRENNAN, HOUSEPIELLI, BILLSANCHEZ, SessionHANBIDGE, HILL- EVANS, CIRESI, GUENST, HOWARD, DONAHUE, SCHLOSSBERG, HOHENSTEIN, KHAN, FIEDLER, SHUSTERMAN, FREEMAN, CEPEDA- FREYTIZ, CERRATO, OTTEN, SMITH-WADE-EL, GREEN, STEELE, CURRY, MADDEN, BOROWSKI, SAPPEY AND MATZIE, FEBRUARY 20, 2025 REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 20, 2025 AN ACT Authorizing the Commonwealth of No.Pennsylvania to join the Counseling Compact;

668 2025 INTRODUCED BY O'MARA, BRENNAN, PIELLI, SANCHEZ, HANBIDGE, HILL- EVANS, CIRESI, GUENST, HOWARD, DONAHUE, SCHLOSSBERG, HOHENSTEIN, KHAN, FIEDLER, SHUSTERMAN, FREEMAN, CEPEDA- FREYTIZ, CERRATO, OTTEN, SMITH-WADE-EL, GREEN, STEELE, CURRY, McNEILL, FEBRUARY 20, 2025MATZIE, SCOTT, KRAJEWSKI AND AS REPRESENTATIVES, AS AMENDED, MAY 6, 2025LICENSURE, HOUSE OF AN ACT Authorizing the Commonwealth of Pennsylvania to join the Counseling Compact;

20250HB0668PN162020250HB0668PN0675 - 2 - and J.

20250HB0668PN162020250HB0668PN0675 - 3 - F.

"Impaired Practitioner" means an individual who has a condition(s) that may impair their ability to practice as a 20250HB0668PN162020250HB0668PN0675 - 4 - 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.

"Remote State" means a Member State other than the Home 20250HB0668PN162020250HB0668PN0675 - 5 - State, where a Licensee is exercising or seeking to exercise the Privilege to Practice.

20250HB0668PN162020250HB0668PN0675 - 6 - c.

A member state must fully implement a criminal background check requirement, within a time frame 20250HB0668PN162020250HB0668PN0675 - 7 - established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.

Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State 20250HB0668PN162020250HB0668PN0675 - 8 - License.

20250HB0668PN162020250HB0668PN0675 - 9 - B.

20250HB0668PN162020250HB0668PN0675 - 10 - 1.

a Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted 20250HB0668PN162020250HB0668PN0675 - 11 - by the Commission in accordance with Public Law 92-544;

ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES Active Duty Military personnel, or their spouse, shall 20250HB0668PN162020250HB0668PN0675 - 12 - designate a Home State where the individual has a current license in good standing.

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 20250HB0668PN162020250HB0668PN0675 - 13 - any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.

20250HB0668PN162020250HB0668PN0675 - 14 - F.

20250HB0668PN162020250HB0668PN0675 - 15 - 1.

The bylaws may provide for 20250HB0668PN162020250HB0668PN0675 - 16 - delegates' participation in meetings by telephone or other means of communication.

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, 20250HB0668PN162020250HB0668PN0675 - 17 - qualifications of personnel, and other related personnel matters;

The Executive Committee shall have the power to act 20250HB0668PN162020250HB0668PN0675 - 18 - on behalf of the Commission according to the terms of this Compact.

and 20250HB0668PN162020250HB0668PN0675 - 19 - g.

Disclosure of information related to any investigative reports prepared by or on behalf of or for 20250HB0668PN162020250HB0668PN0675 - 20 - use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;

The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year 20250HB0668PN162020250HB0668PN0675 - 21 - for which revenue is not provided by other sources.

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 20250HB0668PN162020250HB0668PN0675 - 22 - or willful or wanton misconduct of that person.

The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, Adverse 20250HB0668PN162020250HB0668PN0675 - 23 - Action, and Investigative Information on all licensed individuals in Member States.

Any information submitted to the Data System that is 20250HB0668PN162020250HB0668PN0675 - 24 - subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.

On the website of each Member State Professional 20250HB0668PN162020250HB0668PN0675 - 25 - Counseling Licensing Board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules.

All persons wishing to be heard at the hearing shall 20250HB0668PN162020250HB0668PN0675 - 26 - 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.

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 20250HB0668PN162020250HB0668PN0675 - 27 - as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule.

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 20250HB0668PN162020250HB0668PN0675 - 28 - effectuate the Compact's purposes and intent.

A cure of the 20250HB0668PN162020250HB0668PN0675 - 29 - default does not relieve the offending State of obligations or liabilities incurred during the period of default.

Enforcement 20250HB0668PN162020250HB0668PN0675 - 30 - 1.

Any Rule that has been previously adopted by 20250HB0668PN162020250HB0668PN0675 - 31 - the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.

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 20250HB0668PN162020250HB0668PN0675 - 32 - circumstance shall not be affected thereby.

This act shall take effect in 60 daysdays. 18 MONTHS.

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