SB 604 — An Act authorizing the Commonwealth of Pennsylvania to join the Counseling Compact; and providing for the form of the compact.

PRINTER'S NO.   612

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 604
                                                Session of
                                                  2025

     INTRODUCED BY BOSCOLA, SCHWANK, FONTANA, COMITTA, BROWN,
        PENNYCUICK, ROTHMAN, PHILLIPS-HILL, COSTA, J. WARD AND
        CAPPELLETTI, APRIL 9, 2025

     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        APRIL 9, 2025


                                      AN ACT
 1   Authorizing the Commonwealth of Pennsylvania to join the
 2      Counseling Compact; and providing for the form of the
 3      compact.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Counseling
 8   Compact Act.
 9   Section 2.   Authority to execute compact.
10      The Governor, on behalf of the Commonwealth, is hereby
11   authorized to execute a compact in substantially the following
12   form with any one or more of the states of the United States,
13   and the General Assembly hereby signifies in advance its
14   approval and ratification of such compact:
15                              COUNSELING COMPACT
16      SECTION 1.    PURPOSE
17   The purpose of this Compact is to facilitate interstate practice
 1   of Licensed Professional Counselors with the goal of improving
 2   public access to Professional Counseling services. The practice
 3   of Professional Counseling occurs in the State where the client
 4   is located at the time of the counseling services. The Compact
 5   preserves the regulatory authority of States to protect public
 6   health and safety through the current system of State licensure.
 7   This Compact is designed to achieve the following objectives:
 8         A.   Increase public access to Professional Counseling
 9   services by providing for the mutual recognition of other Member
10   State licenses;
11         B.   Enhance the States' ability to protect the public's
12   health and safety;
13         C.   Encourage the cooperation of Member States in regulating
14   multistate practice for Licensed Professional Counselors;
15         D.   Support spouses of relocating Active Duty Military
16   personnel;
17         E.   Enhance the exchange of licensure, investigative, and
18   disciplinary information among Member States;
19         F.   Allow for the use of Telehealth technology to facilitate
20   increased access to Professional Counseling services;
21         G.   Support the uniformity of Professional Counseling
22   licensure requirements throughout the States to promote public
23   safety and public health benefits;
24         H.   Invest all Member States with the authority to hold a
25   Licensed Professional Counselor accountable for meeting all
26   State practice laws in the State in which the client is located
27   at the time care is rendered through the mutual recognition of
28   Member State licenses;
29         I.   Eliminate the necessity for licenses in multiple States;
30   and

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 1      J.   Provide opportunities for interstate practice by Licensed
 2   Professional Counselors who meet uniform licensure requirements.
 3      SECTION 2.    DEFINITIONS
 4   As used in this Compact, and except as otherwise provided, the
 5   following definitions shall apply:
 6      A.   "Active Duty Military" means full-time duty status in the
 7   active uniformed service of the United States, including members
 8   of the National Guard and Reserve on active duty orders pursuant
 9   to 10 U.S.C. Chapters 1209 and 1211.
10      B.   "Adverse Action" means any administrative, civil,
11   equitable or criminal action permitted by a State's laws which
12   is imposed by a licensing board or other authority against a
13   Licensed Professional Counselor, including actions against an
14   individual's license or Privilege to Practice such as
15   revocation, suspension, probation, monitoring of the licensee,
16   limitation on the licensee's practice, or any other Encumbrance
17   on licensure affecting a Licensed Professional Counselor's
18   authorization to practice, including issuance of a cease and
19   desist action.
20      C.   "Alternative Program" means a non-disciplinary monitoring
21   or practice remediation process approved by a Professional
22   Counseling Licensing Board to address Impaired Practitioners.
23      D.   "Continuing Competence/Education" means a requirement, as
24   a condition of license renewal, to provide evidence of
25   participation in, and/or completion of, educational and
26   professional activities relevant to practice or area of work.
27      E.   "Counseling Compact Commission" or "Commission" means the
28   national administrative body whose membership consists of all
29   States that have enacted the Compact.
30      F.   "Current Significant Investigative Information" means:

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 1           1.   Investigative Information that a Licensing Board,
 2      after a preliminary inquiry that includes notification and an
 3      opportunity for the Licensed Professional Counselor to
 4      respond, if required by State law, has reason to believe is
 5      not groundless and, if proved true, would indicate more than
 6      a minor infraction; or
 7           2.   Investigative Information that indicates that the
 8      Licensed Professional Counselor represents an immediate
 9      threat to public health and safety regardless of whether the
10      Licensed Professional Counselor has been notified and had an
11      opportunity to respond.
12      G.   "Data System" means a repository of information about
13   Licensees, including, but not limited to, continuing education,
14   examination, licensure, investigative, Privilege to Practice and
15   Adverse Action information.
16      H.   "Encumbered License" means a license in which an Adverse
17   Action restricts the practice of licensed Professional
18   Counseling by the Licensee and said Adverse Action has been
19   reported to the National Practitioners Data Bank (NPDB).
20      I.   "Encumbrance" means a revocation or suspension of, or any
21   limitation on, the full and unrestricted practice of Licensed
22   Professional Counseling by a Licensing Board.
23      J.   "Executive Committee" means a group of directors elected
24   or appointed to act on behalf of, and within the powers granted
25   to them by, the Commission.
26      K.   "Home State" means the Member State that is the
27   Licensee's primary State of residence.
28      L.   "Impaired Practitioner" means an individual who has a
29   condition(s) that may impair their ability to practice as a
30   Licensed Professional Counselor without some type of

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 1   intervention and may include, but are not limited to, alcohol
 2   and drug dependence, mental health impairment, and neurological
 3   or physical impairments.
 4      M.   "Investigative Information" means information, records,
 5   and documents received or generated by a Professional Counseling
 6   Licensing Board pursuant to an investigation.
 7      N.   "Jurisprudence Requirement" if required by a Member
 8   State, means the assessment of an individual's knowledge of the
 9   laws and Rules governing the practice of Professional Counseling
10   in a State.
11      O.   "Licensed Professional Counselor" means a counselor
12   licensed by a Member State, regardless of the title used by that
13   State, to independently assess, diagnose, and treat behavioral
14   health conditions.
15      P.   "Licensee" means an individual who currently holds an
16   authorization from the State to practice as a Licensed
17   Professional Counselor.
18      Q.   "Licensing Board" means the agency of a State, or
19   equivalent, that is responsible for the licensing and regulation
20   of Licensed Professional Counselors.
21      R.   "Member State" means a State that has enacted the
22   Compact.
23      S.   "Privilege to Practice" means a legal authorization,
24   which is equivalent to a license, permitting the practice of
25   Professional Counseling in a Remote State.
26      T.   "Professional Counseling" means the assessment,
27   diagnosis, and treatment of behavioral health conditions by a
28   Licensed Professional Counselor.
29      U.   "Remote State" means a Member State other than the Home
30   State, where a Licensee is exercising or seeking to exercise the

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 1   Privilege to Practice.
 2      V.   "Rule" means a regulation promulgated by the Commission
 3   that has the force of law.
 4      W.   "Single State License" means a Licensed Professional
 5   Counselor license issued by a Member State that authorizes
 6   practice only within the issuing State and does not include a
 7   Privilege to Practice in any other Member State.
 8      X.   "State" means any state, commonwealth, district, or
 9   territory of the United States of America that regulates the
10   practice of Professional Counseling.
11      Y.   "Telehealth" means the application of telecommunication
12   technology to deliver Professional Counseling services remotely
13   to assess, diagnose, and treat behavioral health conditions.
14      Z.   "Unencumbered License" means a license that authorizes a
15   Licensed Professional Counselor to engage in the full and
16   unrestricted practice of Professional Counseling.
17      SECTION 3.     STATE PARTICIPATION IN THE COMPACT
18      A.   To Participate in the Compact, a State must currently:
19           1.   License and regulate Licensed Professional
20      Counselors;
21           2.   Require Licensees to pass a nationally recognized
22      exam approved by the Commission;
23           3.   Require Licensees to have a 60 semester-hour (or 90
24      quarter-hour) master's degree in counseling or 60 semester-
25      hours (or 90 quarter-hours) of graduate course work including
26      the following topic areas:
27                a.   Professional Counseling Orientation and Ethical
28           Practice;
29                b.   Social and Cultural Diversity;
30                c.   Human Growth and Development;

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 1              d.   Career Development;
 2              e.   Counseling and Helping Relationships;
 3              f.   Group Counseling and Group Work;
 4              g.   Diagnosis and Treatment; Assessment and Testing;
 5              h.   Research and Program Evaluation; and
 6              i.   Other areas as determined by the Commission.
 7         4.   Require Licensees to complete a supervised
 8    postgraduate professional experience as defined by the
 9    Commission;
10         5.   Have a mechanism in place for receiving and
11    investigating complaints about Licensees.
12    B.   A Member State shall:
13         1.   Participate fully in the Commission's Data System,
14    including using the Commission's unique identifier as defined
15    in Rules;
16         2.   Notify the Commission, in compliance with the terms
17    of the Compact and Rules, of any Adverse Action or the
18    availability of Investigative Information regarding a
19    Licensee;
20         3.   Implement or utilize procedures for considering the
21    criminal history records of applicants for an initial
22    Privilege to Practice. These procedures shall include the
23    submission of fingerprints or other biometric-based
24    information by applicants for the purpose of obtaining an
25    applicant's criminal history record information from the
26    Federal Bureau of Investigation and the agency responsible
27    for retaining that State's criminal records;
28              a.   A member state must fully implement a criminal
29         background check requirement, within a time frame
30         established by rule, by receiving the results of the

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 1           Federal Bureau of Investigation record search and shall
 2           use the results in making licensure decisions.
 3                b.   Communication between a Member State, the
 4           Commission and among Member States regarding the
 5           verification of eligibility for licensure through the
 6           Compact shall not include any information received from
 7           the Federal Bureau of Investigation relating to a federal
 8           criminal records check performed by a Member State under
 9           Public Law 92-544.
10           4.   Comply with the Rules of the Commission;
11           5.   Require an applicant to obtain or retain a license in
12      the Home State and meet the Home State's qualifications for
13      licensure or renewal of licensure, as well as all other
14      applicable State laws;
15           6.   Grant the Privilege to Practice to a Licensee holding
16      a valid Unencumbered License in another Member State in
17      accordance with the terms of the Compact and Rules; and
18           7.   Provide for the attendance of the State's
19      commissioner to the Counseling Compact Commission meetings.
20      C.   Member States may charge a fee for granting the Privilege
21   to Practice.
22      D.   Individuals not residing in a Member State shall continue
23   to be able to apply for a Member State's Single State License as
24   provided under the laws of each Member State. However, the
25   Single State License granted to these individuals shall not be
26   recognized as granting a Privilege to Practice Professional
27   Counseling in any other Member State.
28      E.   Nothing in this Compact shall affect the requirements
29   established by a Member State for the issuance of a Single State
30   License.

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 1      F.   A license issued to a Licensed Professional Counselor by
 2   a Home State to a resident in that State shall be recognized by
 3   each Member State as authorizing a Licensed Professional
 4   Counselor to practice Professional Counseling, under a Privilege
 5   to Practice, in each Member State.
 6      SECTION 4.   PRIVILEGE TO PRACTICE
 7      A.   To exercise the Privilege to Practice under the terms and
 8   provisions of the Compact, the Licensee shall:
 9           1.   Hold a license in the Home State;
10           2.   Have a valid United States Social Security Number or
11      National Practitioner Identifier;
12           3.   Be eligible for a Privilege to Practice in any Member
13      State in accordance with Section 4(D), (G) and (H);
14           4.   Have not had any Encumbrance or restriction against
15      any license or Privilege to Practice within the previous two
16      (2) years;
17           5.   Notify the Commission that the Licensee is seeking
18      the Privilege to Practice within a Remote State(s);
19           6.   Pay any applicable fees, including any State fee, for
20      the Privilege to Practice;
21           7.   Meet any Continuing Competence/Education requirements
22      established by the Home State;
23           8.   Meet any Jurisprudence Requirements established by
24      the Remote State(s) in which the Licensee is seeking a
25      Privilege to Practice; and
26           9.   Report to the Commission any Adverse Action,
27      Encumbrance, or restriction on license taken by any non-
28      Member State within 30 days from the date the action is
29      taken.
30      B.   The Privilege to Practice is valid until the expiration

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 1   date of the Home State license. The Licensee must comply with
 2   the requirements of Section 4(A) to maintain the Privilege to
 3   Practice in the Remote State.
 4      C.    A Licensee providing Professional Counseling in a Remote
 5   State under the Privilege to Practice shall adhere to the laws
 6   and regulations of the Remote State.
 7      D.    A Licensee providing Professional Counseling services in
 8   a Remote State is subject to that State's regulatory authority.
 9   A Remote State may, in accordance with due process and that
10   State's laws, remove a Licensee's Privilege to Practice in the
11   Remote State for a specific period of time, impose fines, and/or
12   take any other necessary actions to protect the health and
13   safety of its citizens. The Licensee may be ineligible for a
14   Privilege to Practice in any Member State until the specific
15   time for removal has passed and all fines are paid.
16      E.    If a Home State license is encumbered, the Licensee shall
17   lose the Privilege to Practice in any Remote State until the
18   following occur:
19            1.   The Home State license is no longer encumbered; and
20            2.   Have not had any Encumbrance or restriction against
21      any license or Privilege to Practice within the previous two
22      (2) years.
23      F.    Once an Encumbered License in the Home State is restored
24   to good standing, the Licensee must meet the requirements of
25   Section 4(A) to obtain a Privilege to Practice in any Remote
26   State.
27      G.    If a Licensee's Privilege to Practice in any Remote State
28   is removed, the individual may lose the Privilege to Practice in
29   all other Remote States until the following occur:
30            1.   The specific period of time for which the Privilege

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 1      to Practice was removed has ended;
 2           2.   All fines have been paid; and
 3           3.   Have not had any Encumbrance or restriction against
 4      any license or Privilege to Practice within the previous two
 5      (2) years.
 6      H.   Once the requirements of Section 4(G) have been met, the
 7   Licensee must meet the requirements in Section 4(A) to obtain a
 8   Privilege to Practice in a Remote State.
 9      SECTION 5.     OBTAINING A NEW HOME STATE LICENSE BASED ON A
10   PRIVILEGE TO PRACTICE
11      A.   A Licensed Professional Counselor may hold a Home State
12   license, which allows for a Privilege to Practice in other
13   Member States, in only one Member State at a time.
14      B.   If a Licensed Professional Counselor changes primary
15   State of residence by moving between two Member States:
16           1.   The Licensed Professional Counselor shall file an
17      application for obtaining a new Home State license based on a
18      Privilege to Practice, pay all applicable fees, and notify
19      the current and new Home State in accordance with applicable
20      Rules adopted by the Commission.
21           2.   Upon receipt of an application for obtaining a new
22      Home State license by virtue of a Privilege to Practice, the
23      new Home State shall verify that the Licensed Professional
24      Counselor meets the pertinent criteria outlined in Section 4
25      via the Data System, without need for primary source
26      verification except for:
27                a.   a Federal Bureau of Investigation fingerprint
28           based criminal background check if not previously
29           performed or updated pursuant to applicable rules adopted
30           by the Commission in accordance with Public Law 92-544;

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 1                b.   other criminal background check as required by
 2           the new Home State; and
 3                c.   completion of any requisite Jurisprudence
 4           Requirements of the new Home State.
 5           3.   The former Home State shall convert the former Home
 6      State license into a Privilege to Practice once the new Home
 7      State has activated the new Home State license in accordance
 8      with applicable Rules adopted by the Commission.
 9           4.   Notwithstanding any other provision of this Compact,
10      if the Licensed Professional Counselor cannot meet the
11      criteria in Section 4, the new Home State may apply its
12      requirements for issuing a new Single State License.
13           5.   The Licensed Professional Counselor shall pay all
14      applicable fees to the new Home State in order to be issued a
15      new Home State license.
16      C.   If a Licensed Professional Counselor changes Primary
17   State of Residence by moving from a Member State to a non-Member
18   State, or from a non-Member State to a Member State, the State
19   criteria shall apply for issuance of a Single State License in
20   the new State.
21      D.   Nothing in this Compact shall interfere with a Licensee's
22   ability to hold a Single State License in multiple States,
23   however for the purposes of this Compact, a Licensee shall have
24   only one Home State license.
25      E.   Nothing in this Compact shall affect the requirements
26   established by a Member State for the issuance of a Single State
27   License.
28      SECTION 6.     ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
29      Active Duty Military personnel, or their spouse, shall
30   designate a Home State where the individual has a current

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 1   license in good standing. The individual may retain the Home
 2   State designation during the period the service member is on
 3   active duty. Subsequent to designating a Home State, the
 4   individual shall only change their Home State through
 5   application for licensure in the new State, or through the
 6   process outlined in Section 5.
 7      SECTION 7.    COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
 8      A.    Member States shall recognize the right of a Licensed
 9   Professional Counselor, licensed by a Home State in accordance
10   with Section 3 and under Rules promulgated by the Commission, to
11   practice Professional Counseling in any Member State via
12   Telehealth under a Privilege to Practice as provided in the
13   Compact and Rules promulgated by the Commission.
14      B.    A Licensee providing Professional Counseling services in
15   a Remote State under the Privilege to Practice shall adhere to
16   the laws and regulations of the Remote State.
17      SECTION 8.    ADVERSE ACTIONS
18      A.    In addition to the other powers conferred by State law, a
19   Remote State shall have the authority, in accordance with
20   existing State due process law, to:
21            1.   Take Adverse Action against a Licensed Professional
22      Counselor's Privilege to Practice within that Member State,
23      and
24            2.   Issue subpoenas for both hearings and investigations
25      that require the attendance and testimony of witnesses as
26      well as the production of evidence. Subpoenas issued by a
27      Licensing Board in a Member State for the attendance and
28      testimony of witnesses or the production of evidence from
29      another Member State shall be enforced in the latter State by
30      any court of competent jurisdiction, according to the

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 1      practice and procedure of that court applicable to subpoenas
 2      issued in proceedings pending before it. The issuing
 3      authority shall pay any witness fees, travel expenses,
 4      mileage, and other fees required by the service statutes of
 5      the State in which the witnesses or evidence are located.
 6           3.   Only the Home State shall have the power to take
 7      Adverse Action against a Licensed Professional Counselor's
 8      license issued by the Home State.
 9      B.   For purposes of taking Adverse Action, the Home State
10   shall give the same priority and effect to reported conduct
11   received from a Member State as it would if the conduct had
12   occurred within the Home State. In so doing, the Home State
13   shall apply its own State laws to determine appropriate action.
14      C.   The Home State shall complete any pending investigations
15   of a Licensed Professional Counselor who changes primary State
16   of residence during the course of the investigations. The Home
17   State shall also have the authority to take appropriate
18   action(s) and shall promptly report the conclusions of the
19   investigations to the administrator of the Data System. The
20   administrator of the coordinated licensure information system
21   shall promptly notify the new Home State of any Adverse Actions.
22      D.   A Member State, if otherwise permitted by State law, may
23   recover from the affected Licensed Professional Counselor the
24   costs of investigations and dispositions of cases resulting from
25   any Adverse Action taken against that Licensed Professional
26   Counselor.
27      E.   A Member State may take Adverse Action based on the
28   factual findings of the Remote State, provided that the Member
29   State follows its own procedures for taking the Adverse Action.
30      F.   Joint Investigations:

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 1            1.   In addition to the authority granted to a Member
 2      State by its respective Professional Counseling practice act
 3      or other applicable State law, any Member State may
 4      participate with other Member States in joint investigations
 5      of Licensees.
 6            2.   Member States shall share any investigative,
 7      litigation, or compliance materials in furtherance of any
 8      joint or individual investigation initiated under the
 9      Compact.
10      G.    If Adverse Action is taken by the Home State against the
11   license of a Licensed Professional Counselor, the Licensed
12   Professional Counselor's Privilege to Practice in all other
13   Member States shall be deactivated until all Encumbrances have
14   been removed from the State license. All Home State disciplinary
15   orders that impose Adverse Action against the license of a
16   Licensed Professional Counselor shall include a Statement that
17   the Licensed Professional Counselor's Privilege to Practice is
18   deactivated in all Member States during the pendency of the
19   order.
20      H.    If a Member State takes Adverse Action, it shall promptly
21   notify the administrator of the Data System. The administrator
22   of the Data System shall promptly notify the Home State of any
23   Adverse Actions by Remote States.
24      I.    Nothing in this Compact shall override a Member State's
25   decision that participation in an Alternative Program may be
26   used in lieu of Adverse Action.
27      SECTION 9.    ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
28      A.    The Compact Member States hereby create and establish a
29   joint public agency known as the Counseling Compact Commission:
30            1.   The Commission is an instrumentality of the Compact

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 1    States.
 2         2.   Venue is proper and judicial proceedings by or
 3    against the Commission shall be brought solely and
 4    exclusively in a court of competent jurisdiction where the
 5    principal office of the Commission is located. The Commission
 6    may waive venue and jurisdictional defenses to the extent it
 7    adopts or consents to participate in alternative dispute
 8    resolution proceedings.
 9         3.   Nothing in this Compact shall be construed to be a
10    waiver of sovereign immunity.
11    B.   Membership, Voting, and Meetings
12         1.   Each Member State shall have and be limited to one
13    (1) delegate selected by that Member State's Licensing Board.
14         2.   The delegate shall be either:
15              a.   A current member of the Licensing Board at the
16         time of appointment, who is a Licensed Professional
17         Counselor or public member; or
18              b.   An administrator of the Licensing Board.
19         3.   Any delegate may be removed or suspended from office
20    as provided by the law of the State from which the delegate
21    is appointed.
22         4.   The Member State Licensing Board shall fill any
23    vacancy occurring on the Commission within 60 days.
24         5.   Each delegate shall be entitled to one (1) vote with
25    regard to the promulgation of Rules and creation of bylaws
26    and shall otherwise have an opportunity to participate in the
27    business and affairs of the Commission.
28         6.   A delegate shall vote in person or by such other
29    means as provided in the bylaws. The bylaws may provide for
30    delegates' participation in meetings by telephone or other

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 1      means of communication.
 2             7.   The Commission shall meet at least once during each
 3      calendar year. Additional meetings shall be held as set forth
 4      in the bylaws.
 5             8.   The Commission shall by Rule establish a term of
 6      office for delegates and may by Rule establish term limits.
 7      C.     The Commission shall have the following powers and
 8   duties:
 9             1.   Establish the fiscal year of the Commission;
10             2.   Establish bylaws;
11             3.   Maintain its financial records in accordance with the
12      bylaws;
13             4.   Meet and take such actions as are consistent with the
14      provisions of this Compact and the bylaws;
15             5.   Promulgate Rules which shall be binding to the extent
16      and in the manner provided for in the Compact;
17             6.   Bring and prosecute legal proceedings or actions in
18      the name of the Commission, provided that the standing of any
19      State Licensing Board to sue or be sued under applicable law
20      shall not be affected;
21             7.   Purchase and maintain insurance and bonds;
22             8.   Borrow, accept, or contract for services of
23      personnel, including, but not limited to, employees of a
24      Member State;
25             9.   Hire employees, elect or appoint officers, fix
26      compensation, define duties, grant such individuals
27      appropriate authority to carry out the purposes of the
28      Compact, and establish the Commission's personnel policies
29      and programs relating to conflicts of interest,
30      qualifications of personnel, and other related personnel

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 1    matters;
 2         10.    Accept any and all appropriate donations and grants
 3    of money, equipment, supplies, materials, and services, and
 4    to receive, utilize, and dispose of the same; provided that
 5    at all times the Commission shall avoid any appearance of
 6    impropriety and/or conflict of interest;
 7         11.    Lease, purchase, accept appropriate gifts or
 8    donations of, or otherwise to own, hold, improve or use, any
 9    property, real, personal or mixed; provided that at all times
10    the Commission shall avoid any appearance of impropriety;
11         12.    Sell convey, mortgage, pledge, lease, exchange,
12    abandon, or otherwise dispose of any property real, personal,
13    or mixed;
14         13.    Establish a budget and make expenditures;
15         14.    Borrow money;
16         15.    Appoint committees, including standing committees
17    composed of members, State regulators, State legislators or
18    their representatives, and consumer representatives, and such
19    other interested persons as may be designated in this Compact
20    and the bylaws;
21         16.    Provide and receive information from, and cooperate
22    with, law enforcement agencies;
23         17.    Establish and elect an Executive Committee; and
24         18.    Perform such other functions as may be necessary or
25    appropriate to achieve the purposes of this Compact
26    consistent with the State regulation of Professional
27    Counseling licensure and practice.
28    D.   The Executive Committee
29         1.    The Executive Committee shall have the power to act
30    on behalf of the Commission according to the terms of this

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 1    Compact.
 2        2.     The Executive Committee shall be composed of up to
 3    eleven (11) members:
 4               a.   Seven voting members who are elected by the
 5        Commission from the current membership of the Commission;
 6        and
 7               b.   Up to four (4) ex-officio, nonvoting members from
 8        four (4) recognized national professional counselor
 9        organizations.
10               c.   The ex-officio members will be selected by their
11        respective organizations.
12        3.     The Commission may remove any member of the Executive
13    Committee as provided in bylaws.
14        4.     The Executive Committee shall meet at least annually.
15        5.     The Executive Committee shall have the following
16    duties and responsibilities:
17               a.   Recommend to the entire Commission changes to the
18        Rules or bylaws, changes to this Compact legislation,
19        fees paid by Compact Member States such as annual dues,
20        and any Commission Compact fee charged to Licensees for
21        the Privilege to Practice;
22               b.   Ensure Compact administration services are
23        appropriately provided, contractual or otherwise;
24               c.   Prepare and recommend the budget;
25               d.   Maintain financial records on behalf of the
26        Commission;
27               e.   Monitor Compact compliance of Member States and
28        provide compliance reports to the Commission;
29               f.   Establish additional committees as necessary; and
30               g.   Other duties as provided in Rules or bylaws.

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 1    E.   Meetings of the Commission
 2         1.   All meetings shall be open to the public, and public
 3    notice of meetings shall be given in the same manner as
 4    required under the Rulemaking provisions in Section 11.
 5         2.   The Commission or the Executive Committee or other
 6    committees of the Commission may convene in a closed, non-
 7    public meeting if the Commission or Executive Committee or
 8    other committees of the Commission must discuss:
 9              a.   Non-compliance of a Member State with its
10         obligations under the Compact;
11              b.   The employment, compensation, discipline or other
12         matters, practices or procedures related to specific
13         employees or other matters related to the Commission's
14         internal personnel practices and procedures;
15              c.   Current, threatened, or reasonably anticipated
16         litigation;
17              d.   Negotiation of contracts for the purchase, lease,
18         or sale of goods, services, or real estate;
19              e.   Accusing any person of a crime or formally
20         censuring any person;
21              f.   Disclosure of trade secrets or commercial or
22         financial information that is privileged or confidential;
23              g.   Disclosure of information of a personal nature
24         where disclosure would constitute a clearly unwarranted
25         invasion of personal privacy;
26              h.   Disclosure of investigative records compiled for
27         law enforcement purposes;
28              i.   Disclosure of information related to any
29         investigative reports prepared by or on behalf of or for
30         use of the Commission or other committee charged with

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 1         responsibility of investigation or determination of
 2         compliance issues pursuant to the Compact; or
 3              j.   Matters specifically exempted from disclosure by
 4         federal or Member State statute.
 5         3.   If a meeting, or portion of a meeting, is closed
 6    pursuant to this provision, the Commission's legal counsel or
 7    designee shall certify that the meeting may be closed and
 8    shall reference each relevant exempting provision.
 9         4.   The Commission shall keep minutes that fully and
10    clearly describe all matters discussed in a meeting and shall
11    provide a full and accurate summary of actions taken, and the
12    reasons therefore, including a description of the views
13    expressed. All documents considered in connection with an
14    action shall be identified in such minutes. All minutes and
15    documents of a closed meeting shall remain under seal,
16    subject to release by a majority vote of the Commission or
17    order of a court of competent jurisdiction.
18    F.   Financing of the Commission
19         1.   The Commission shall pay, or provide for the payment
20    of, the reasonable expenses of its establishment,
21    organization, and ongoing activities.
22         2.   The Commission may accept any and all appropriate
23    revenue sources, donations, and grants of money, equipment,
24    supplies, materials, and services.
25         3.   The Commission may levy on and collect an annual
26    assessment from each Member State or impose fees on other
27    parties to cover the cost of the operations and activities of
28    the Commission and its staff, which must be in a total amount
29    sufficient to cover its annual budget as approved each year
30    for which revenue is not provided by other sources. The

20250SB0604PN0612                  - 21 -
 1    aggregate annual assessment amount shall be allocated based
 2    upon a formula to be determined by the Commission, which
 3    shall promulgate a Rule binding upon all Member States.
 4         4.   The Commission shall not incur obligations of any
 5    kind prior to securing the funds adequate to meet the same;
 6    nor shall the Commission pledge the credit of any of the
 7    Member States, except by and with the authority of the Member
 8    State.
 9         5.   The Commission shall keep accurate accounts of all
10    receipts and disbursements. The receipts and disbursements of
11    the Commission shall be subject to the audit and accounting
12    procedures established under its bylaws. However, all
13    receipts and disbursements of funds handled by the Commission
14    shall be audited yearly by a certified or licensed public
15    accountant, and the report of the audit shall be included in
16    and become part of the annual report of the Commission.
17    G.   Qualified Immunity, Defense, and Indemnification
18         1.   The members, officers, executive director, employees
19    and representatives of the Commission shall be immune from
20    suit and liability, either personally or in their official
21    capacity, for any claim for damage to or loss of property or
22    personal injury or other civil liability caused by or arising
23    out of any actual or alleged act, error or omission that
24    occurred, or that the person against whom the claim is made
25    had a reasonable basis for believing occurred within the
26    scope of Commission employment, duties or responsibilities;
27    provided that nothing in this paragraph shall be construed to
28    protect any such person from suit and/or liability for any
29    damage, loss, injury, or liability caused by the intentional
30    or willful or wanton misconduct of that person.

20250SB0604PN0612                 - 22 -
 1           2.   The Commission shall defend any member, officer,
 2      executive director, employee or representative of the
 3      Commission in any civil action seeking to impose liability
 4      arising out of any actual or alleged act, error, or omission
 5      that occurred within the scope of Commission employment,
 6      duties, or responsibilities, or that the person against whom
 7      the claim is made had a reasonable basis for believing
 8      occurred within the scope of Commission employment, duties,
 9      or responsibilities; provided that nothing herein shall be
10      construed to prohibit that person from retaining his or her
11      own counsel; and provided further, that the actual or alleged
12      act, error, or omission did not result from that person's
13      intentional or willful or wanton misconduct.
14           3.   The Commission shall indemnify and hold harmless any
15      member, officer, executive director, employee, or
16      representative of the Commission for the amount of any
17      settlement or judgment obtained against that person arising
18      out of any actual or alleged act, error, or omission that
19      occurred within the scope of Commission employment, duties,
20      or responsibilities, or that such person had a reasonable
21      basis for believing occurred within the scope of Commission
22      employment, duties, or responsibilities, provided that the
23      actual or alleged act, error, or omission did not result from
24      the intentional or willful or wanton misconduct of that
25      person.
26      SECTION 10.   DATA SYSTEM
27      A.   The Commission shall provide for the development,
28   maintenance, operation, and utilization of a coordinated
29   database and reporting system containing licensure, Adverse
30   Action, and Investigative Information on all licensed

20250SB0604PN0612                   - 23 -
 1   individuals in Member States.
 2      B.   Notwithstanding any other provision of State law to the
 3   contrary, a Member State shall submit a uniform data set to the
 4   Data System on all individuals to whom this Compact is
 5   applicable as required by the Rules of the Commission,
 6   including:
 7           1.   Identifying information;
 8           2.   Licensure data;
 9           3.   Adverse Actions against a license or Privilege to
10      Practice;
11           4.   Non-confidential information related to Alternative
12      Program participation;
13           5.   Any denial of application for licensure, and the
14      reason(s) for such denial;
15           6.   Current Significant Investigative Information; and
16           7.   Other information that may facilitate the
17      administration of this Compact, as determined by the Rules of
18      the Commission.
19      C.   Investigative Information pertaining to a Licensee in any
20   Member State will only be available to other Member States.
21      D.   The Commission shall promptly notify all Member States of
22   any Adverse Action taken against a Licensee or an individual
23   applying for a license. Adverse Action information pertaining to
24   a Licensee in any Member State will be available to any other
25   Member State.
26      E.   Member States contributing information to the Data System
27   may designate information that may not be shared with the public
28   without the express permission of the contributing State.
29      F.   Any information submitted to the Data System that is
30   subsequently required to be expunged by the laws of the Member

20250SB0604PN0612                    - 24 -
 1   State contributing the information shall be removed from the
 2   Data System.
 3      SECTION 11.    RULEMAKING
 4      A.   The Commission shall promulgate reasonable Rules in order
 5   to effectively and efficiently achieve the purpose of the
 6   Compact. Notwithstanding the foregoing, in the event the
 7   Commission exercises its Rulemaking authority in a manner that
 8   is beyond the scope of the purposes of the Compact, or the
 9   powers granted hereunder, then such an action by the Commission
10   shall be invalid and have no force or effect.
11      B.   The Commission shall exercise its Rulemaking powers
12   pursuant to the criteria set forth in this Section and the Rules
13   adopted thereunder. Rules and amendments shall become binding as
14   of the date specified in each Rule or amendment.
15      C.   If a majority of the legislatures of the Member States
16   rejects a Rule, by enactment of a statute or resolution in the
17   same manner used to adopt the Compact within four (4) years of
18   the date of adoption of the Rule, then such Rule shall have no
19   further force and effect in any Member State.
20      D.   Rules or amendments to the Rules shall be adopted at a
21   regular or special meeting of the Commission.
22      E.   Prior to promulgation and adoption of a final Rule or
23   Rules by the Commission, and at least thirty (30) days in
24   advance of the meeting at which the Rule will be considered and
25   voted upon, the Commission shall file a Notice of Proposed
26   Rulemaking:
27           1.    On the website of the Commission or other publicly
28      accessible platform; and
29           2.    On the website of each Member State Professional
30      Counseling Licensing Board or other publicly accessible

20250SB0604PN0612                    - 25 -
 1      platform or the publication in which each State would
 2      otherwise publish proposed Rules.
 3      F.   The Notice of Proposed Rulemaking shall include:
 4           1.    The proposed time, date, and location of the meeting
 5      in which the Rule will be considered and voted upon;
 6           2.    The text of the proposed Rule or amendment and the
 7      reason for the proposed Rule;
 8           3.    A request for comments on the proposed Rule from any
 9      interested person; and
10           4.    The manner in which interested persons may submit
11      notice to the Commission of their intention to attend the
12      public hearing and any written comments.
13      G.   Prior to adoption of a proposed Rule, the Commission
14   shall allow persons to submit written data, facts, opinions, and
15   arguments, which shall be made available to the public.
16      H.   The Commission shall grant an opportunity for a public
17   hearing before it adopts a Rule or amendment if a hearing is
18   requested by:
19           1.    At least twenty-five (25) persons;
20           2.    A State or federal governmental subdivision or
21      agency; or
22           3.    An association having at least twenty-five (25)
23      members.
24      I.   If a hearing is held on the proposed Rule or amendment,
25   the Commission shall publish the place, time, and date of the
26   scheduled public hearing. If the hearing is held via electronic
27   means, the Commission shall publish the mechanism for access to
28   the electronic hearing.
29           1.    All persons wishing to be heard at the hearing shall
30      notify the executive director of the Commission or other

20250SB0604PN0612                    - 26 -
 1      designated member in writing of their desire to appear and
 2      testify at the hearing not less than five (5) business days
 3      before the scheduled date of the hearing.
 4           2.   Hearings shall be conducted in a manner providing
 5      each person who wishes to comment a fair and reasonable
 6      opportunity to comment orally or in writing.
 7           3.   All hearings will be recorded. A copy of the
 8      recording will be made available on request.
 9           4.   Nothing in this section shall be construed as
10      requiring a separate hearing on each Rule. Rules may be
11      grouped for the convenience of the Commission at hearings
12      required by this section.
13      J.   Following the scheduled hearing date, or by the close of
14   business on the scheduled hearing date if the hearing was not
15   held, the Commission shall consider all written and oral
16   comments received.
17      K.   If no written notice of intent to attend the public
18   hearing by interested parties is received, the Commission may
19   proceed with promulgation of the proposed Rule without a public
20   hearing.
21      L.   The Commission shall, by majority vote of all members,
22   take final action on the proposed Rule and shall determine the
23   effective date of the Rule, if any, based on the Rulemaking
24   record and the full text of the Rule.
25      M.   Upon determination that an emergency exists, the
26   Commission may consider and adopt an emergency Rule without
27   prior notice, opportunity for comment, or hearing, provided that
28   the usual Rulemaking procedures provided in the Compact and in
29   this section shall be retroactively applied to the Rule as soon
30   as reasonably possible, in no event later than ninety (90) days

20250SB0604PN0612                   - 27 -
 1   after the effective date of the Rule. For the purposes of this
 2   provision, an emergency Rule is one that must be adopted
 3   immediately in order to:
 4           1.    Meet an imminent threat to public health, safety, or
 5      welfare;
 6           2.    Prevent a loss of Commission or Member State funds;
 7           3.    Meet a deadline for the promulgation of an
 8      administrative Rule that is established by federal law or
 9      Rule; or
10           4.    Protect public health and safety.
11      N.   The Commission or an authorized committee of the
12   Commission may direct revisions to a previously adopted Rule or
13   amendment for purposes of correcting typographical errors,
14   errors in format, errors in consistency, or grammatical errors.
15   Public notice of any revisions shall be posted on the website of
16   the Commission. The revision shall be subject to challenge by
17   any person for a period of thirty (30) days after posting. The
18   revision may be challenged only on grounds that the revision
19   results in a material change to a Rule. A challenge shall be
20   made in writing and delivered to the chair of the Commission
21   prior to the end of the notice period. If no challenge is made,
22   the revision will take effect without further action. If the
23   revision is challenged, the revision may not take effect without
24   the approval of the Commission.
25      SECTION 12.    OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
26      A.   Oversight
27           1.    The executive, legislative, and judicial branches of
28      State government in each Member State shall enforce this
29      Compact and take all actions necessary and appropriate to
30      effectuate the Compact's purposes and intent. The provisions

20250SB0604PN0612                    - 28 -
 1      of this Compact and the Rules promulgated hereunder shall
 2      have standing as statutory law.
 3           2.   All courts shall take judicial notice of the Compact
 4      and the Rules in any judicial or administrative proceeding in
 5      a Member State pertaining to the subject matter of this
 6      Compact which may affect the powers, responsibilities, or
 7      actions of the Commission.
 8           3.   The Commission shall be entitled to receive service
 9      of process in any such proceeding and shall have standing to
10      intervene in such a proceeding for all purposes. Failure to
11      provide service of process to the Commission shall render a
12      judgment or order void as to the Commission, this Compact, or
13      promulgated Rules.
14      B.   Default, Technical Assistance, and Termination
15           1.   If the Commission determines that a Member State has
16      defaulted in the performance of its obligations or
17      responsibilities under this Compact or the promulgated Rules,
18      the Commission shall:
19                a.   Provide written notice to the defaulting State
20           and other Member States of the nature of the default, the
21           proposed means of curing the default and/or any other
22           action to be taken by the Commission; and
23                b.   Provide remedial training and specific technical
24           assistance regarding the default.
25      C.   If a State in default fails to cure the default, the
26   defaulting State may be terminated from the Compact upon an
27   affirmative vote of a majority of the Member States, and all
28   rights, privileges and benefits conferred by this Compact may be
29   terminated on the effective date of termination. A cure of the
30   default does not relieve the offending State of obligations or

20250SB0604PN0612                    - 29 -
 1   liabilities incurred during the period of default.
 2      D.   Termination of membership in the Compact shall be imposed
 3   only after all other means of securing compliance have been
 4   exhausted. Notice of intent to suspend or terminate shall be
 5   given by the Commission to the governor, the majority and
 6   minority leaders of the defaulting State's legislature, and each
 7   of the Member States.
 8      E.   A State that has been terminated is responsible for all
 9   assessments, obligations, and liabilities incurred through the
10   effective date of termination, including obligations that extend
11   beyond the effective date of termination.
12      F.   The Commission shall not bear any costs related to a
13   State that is found to be in default or that has been terminated
14   from the Compact, unless agreed upon in writing between the
15   Commission and the defaulting State.
16      G.   The defaulting State may appeal the action of the
17   Commission by petitioning the U.S. District Court for the
18   District of Columbia or the federal district where the
19   Commission has its principal offices. The prevailing member
20   shall be awarded all costs of such litigation, including
21   reasonable attorney's fees.
22      H.   Dispute Resolution
23           1.   Upon request by a Member State, the Commission shall
24      attempt to resolve disputes related to the Compact that arise
25      among Member States and between member and non-Member States.
26           2.   The Commission shall promulgate a Rule providing for
27      both mediation and binding dispute resolution for disputes as
28      appropriate.
29      I.   Enforcement
30           1.   The Commission, in the reasonable exercise of its

20250SB0604PN0612                   - 30 -
 1      discretion, shall enforce the provisions and Rules of this
 2      Compact.
 3           2.    By majority vote, the Commission may initiate legal
 4      action in the United States District Court for the District
 5      of Columbia or the federal district where the Commission has
 6      its principal offices against a Member State in default to
 7      enforce compliance with the provisions of the Compact and its
 8      promulgated Rules and bylaws. The relief sought may include
 9      both injunctive relief and damages. In the event judicial
10      enforcement is necessary, the prevailing member shall be
11      awarded all costs of such litigation, including reasonable
12      attorney's fees.
13           3.    The remedies herein shall not be the exclusive
14      remedies of the Commission. The Commission may pursue any
15      other remedies available under federal or State law.
16      SECTION 13.    DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT
17   COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
18      A.   The Compact shall come into effect on the date on which
19   the Compact statute is enacted into law in the tenth Member
20   State. The provisions, which become effective at that time,
21   shall be limited to the powers granted to the Commission
22   relating to assembly and the promulgation of Rules. Thereafter,
23   the Commission shall meet and exercise Rulemaking powers
24   necessary to the implementation and administration of the
25   Compact.
26      B.   Any State that joins the Compact subsequent to the
27   Commission's initial adoption of the Rules shall be subject to
28   the Rules as they exist on the date on which the Compact becomes
29   law in that State. Any Rule that has been previously adopted by
30   the Commission shall have the full force and effect of law on

20250SB0604PN0612                    - 31 -
 1   the day the Compact becomes law in that State.
 2      C.   Any Member State may withdraw from this Compact by
 3   enacting a statute repealing the same.
 4           1.    A Member State's withdrawal shall not take effect
 5      until six (6) months after enactment of the repealing
 6      statute.
 7           2.    Withdrawal shall not affect the continuing
 8      requirement of the withdrawing State's Professional
 9      Counseling Licensing Board to comply with the investigative
10      and Adverse Action reporting requirements of this act prior
11      to the effective date of withdrawal.
12      D.   Nothing contained in this Compact shall be construed to
13   invalidate or prevent any Professional Counseling licensure
14   agreement or other cooperative arrangement between a Member
15   State and a non-Member State that does not conflict with the
16   provisions of this Compact.
17      E.   This Compact may be amended by the Member States. No
18   amendment to this Compact shall become effective and binding
19   upon any Member State until it is enacted into the laws of all
20   Member States.
21      SECTION 14.    CONSTRUCTION AND SEVERABILITY
22      This Compact shall be liberally construed so as to effectuate
23   the purposes thereof. The provisions of this Compact shall be
24   severable and if any phrase, clause, sentence or provision of
25   this Compact is declared to be contrary to the constitution of
26   any Member State or of the United States or the applicability
27   thereof to any government, agency, person or circumstance is
28   held invalid, the validity of the remainder of this Compact and
29   the applicability thereof to any government, agency, person or
30   circumstance shall not be affected thereby. If this Compact

20250SB0604PN0612                    - 32 -
 1   shall be held contrary to the constitution of any Member State,
 2   the Compact shall remain in full force and effect as to the
 3   remaining Member States and in full force and effect as to the
 4   Member State affected as to all severable matters.
 5      SECTION 15.   BINDING EFFECT OF COMPACT AND OTHER LAWS
 6      A.   A Licensee providing Professional Counseling services in
 7   a Remote State under the Privilege to Practice shall adhere to
 8   the laws and regulations, including scope of practice, of the
 9   Remote State.
10      B.   Nothing herein prevents the enforcement of any other law
11   of a Member State that is not inconsistent with the Compact.
12      C.   Any laws in a Member State in conflict with the Compact
13   are superseded to the extent of the conflict.
14      D.   Any lawful actions of the Commission, including all Rules
15   and bylaws properly promulgated by the Commission, are binding
16   upon the Member States.
17      E.   All permissible agreements between the Commission and the
18   Member States are binding in accordance with their terms.
19      F.   In the event any provision of the Compact exceeds the
20   constitutional limits imposed on the legislature of any Member
21   State, the provision shall be ineffective to the extent of the
22   conflict with the constitutional provision in question in that
23   Member State.
24   Section 3.   Effective date.
25      This act shall take effect in 60 days.




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