State of Illinois
2023 and 2024


Introduced 2/10/2023, by Sen. Laura Fine


New Act
225 ILCS 107/12 new

    Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately.

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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Counseling Compact Act.
6    Section 5. Counseling Compact. The State of Illinois
7enters into the Counseling Compact in substantially the
8following form with all other states joining the Compact:
10    The purpose of this Compact is to facilitate interstate
11practice of Licensed Professional Counselors with the goal of
12improving public access to Professional Counseling services.
13The practice of Professional Counseling occurs in the State
14where the client is located at the time of the counseling
15services. The Compact preserves the regulatory authority of
16States to protect public health and safety through the current
17system of State licensure.
18    This Compact is designed to achieve the following
20        A. Increase public access to Professional Counseling
21    services by providing for the mutual recognition of other
22    Member State licenses;



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1        B. Enhance the States' ability to protect the public's
2    health and safety;
3        C. Encourage the cooperation of Member States in
4    regulating multistate practice for Licensed Professional
5    Counselors;
6        D. Support spouses of relocating Active Duty Military
7    personnel;
8        E. Enhance the exchange of licensure, investigative,
9    and disciplinary information among Member States;
10        F. Allow for the use of Telehealth technology to
11    facilitate increased access to Professional Counseling
12    services;
13        G. Support the uniformity of Professional Counseling
14    licensure requirements throughout the States to promote
15    public safety and public health benefits;
16        H. Invest all Member States with the authority to hold
17    a Licensed Professional Counselor accountable for meeting
18    all State practice laws in the State in which the client is
19    located at the time care is rendered through the mutual
20    recognition of Member State licenses;
21        I. Eliminate the necessity for licenses in multiple
22    States; and
23        J. Provide opportunities for interstate practice by
24    Licensed Professional Counselors who meet uniform
25    licensure requirements.



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



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1the national administrative body whose membership consists of
2all States that have enacted the Compact.
3    F. "Current Significant Investigative Information" means:
4        1. Investigative Information that a Licensing Board,
5    after a preliminary inquiry that includes notification and
6    an opportunity for the Licensed Professional Counselor to
7    respond, if required by State law, has reason to believe
8    is not groundless and, if proved true, would indicate more
9    than a minor infraction; or
10        2. Investigative Information that indicates that the
11    Licensed Professional Counselor represents an immediate
12    threat to public health and safety regardless of whether
13    the Licensed Professional Counselor has been notified and
14    had an opportunity to respond.
15    G. "Data System" means a repository of information about
16Licensees, including, but not limited to, continuing
17education, examination, licensure, investigative, Privilege to
18Practice and Adverse Action information.
19    H. "Encumbered License" means a license in which an
20Adverse Action restricts the practice of licensed Professional
21Counseling by the Licensee and said Adverse Action has been
22reported to the National Practitioner Data Bank (NPDB).
23    I. "Encumbrance" means a revocation or suspension of, or
24any limitation on, the full and unrestricted practice of
25Licensed Professional Counseling by a Licensing Board.
26    J. "Executive Committee" means a group of directors



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1elected or appointed to act on behalf of, and within the powers
2granted to them by, the Commission.
3    K. "Home State" means the Member State that is the
4Licensee's primary State of residence.
5    L. "Impaired Practitioner" means an individual who has a
6condition(s) that may impair the individual's ability to
7practice as a Licensed Professional Counselor without some
8type of intervention and may include, but are not limited to,
9alcohol and drug dependence, mental health impairment, and
10neurological or physical impairments.
11    M. "Investigative Information" means information, records,
12and documents received or generated by a Professional
13Counseling Licensing Board pursuant to an investigation.
14    N. "Jurisprudence Requirement" if required by a Member
15State, means the assessment of an individual's knowledge of
16the laws and Rules governing the practice of Professional
17Counseling in a State.
18    O. "Licensed Professional Counselor" means a counselor
19licensed by a Member State, regardless of the title used by
20that State, to independently assess, diagnose, and treat
21behavioral health conditions.
22    P. "Licensee" means an individual who currently holds an
23authorization from the State to practice as a Licensed
24Professional Counselor.
25    Q. "Licensing Board" means the agency of a State, or
26equivalent, that is responsible for the licensing and



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1regulation of Licensed Professional Counselors.
2    R. "Member State" means a State that has enacted the
4    S. "Privilege to Practice" means a legal authorization,
5which is equivalent to a license, permitting the practice of
6Professional Counseling in a Remote State.
7    T. "Professional Counseling" means the assessment,
8diagnosis, and treatment of behavioral health conditions by a
9Licensed Professional Counselor.
10    U. "Remote State" means a Member State other than the Home
11State, where a Licensee is exercising or seeking to exercise
12the Privilege to Practice.
13    V. "Rule" means a regulation promulgated by the Commission
14that has the force of law.
15    W. "Single State License" means a Licensed Professional
16Counselor license issued by a Member State that authorizes
17practice only within the issuing State and does not include a
18Privilege to Practice in any other Member State.
19    X. "State" means any state, commonwealth, district, or
20territory of the United States of America that regulates the
21practice of Professional Counseling.
22    Y. "Telehealth" means the application of telecommunication
23technology to deliver Professional Counseling services
24remotely to assess, diagnose, and treat behavioral health
26    Z. "Unencumbered License" means a license that authorizes



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1a Licensed Professional Counselor to engage in the full and
2unrestricted practice of Professional Counseling.
4    A. To Participate in the Compact, a State must currently:
5        1. License and regulate Licensed Professional
6    Counselors;
7        2. Require Licensees to pass a nationally recognized
8    exam approved by the Commission;
9        3. Require Licensees to have a 60 semester-hour (or 90
10    quarter-hour) master's degree in counseling or 60 semester
11    hours (or 90 quarter hours) of graduate coursework
12    including the following topic areas:
13            a. Professional Counseling Orientation and Ethical
14        Practice;
15            b. Social and Cultural Diversity;
16            c. Human Growth and Development;
17            d. Career Development;
18            e. Counseling and Helping Relationships;
19            f. Group Counseling and Group Work;
20            g. Diagnosis and Treatment;
21            h. Assessment and Testing;
22            i. Research and Program Evaluation; and
23            j. Other areas as determined by the Commission.
24        4. Require Licensees to complete a supervised
25    postgraduate professional experience as defined by the



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1    Commission;
2        5. Have a mechanism in place for receiving and
3    investigating complaints about Licensees.
4    B. A Member State shall:
5        1. Participate fully in the Commission's Data System,
6    including using the Commission's unique identifier as
7    defined in Rules;
8        2. Notify the Commission, in compliance with the terms
9    of the Compact and Rules, of any Adverse Action or the
10    availability of Investigative Information regarding a
11    Licensee;
12        3. Implement or utilize procedures for considering the
13    criminal history records of applicants for an initial
14    Privilege to Practice. These procedures shall include the
15    submission of fingerprints or other biometric-based
16    information by applicants for the purpose of obtaining an
17    applicant's criminal history record information from the
18    Federal Bureau of Investigation and the agency responsible
19    for retaining that State's criminal records;
20            a. A Member State must fully implement a criminal
21        background check requirement, within a time frame
22        established by rule, by receiving the results of the
23        Federal Bureau of Investigation record search and
24        shall use the results in making licensure decisions.
25            b. Communication between a Member State, the
26        Commission and among Member States regarding the



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



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1established by a Member State for the issuance of a Single
2State License.
3    F. A license issued to a Licensed Professional Counselor
4by a Home State to a resident in that State shall be recognized
5by each Member State as authorizing a Licensed Professional
6Counselor to practice Professional Counseling, under a
7Privilege to Practice, in each Member State.
9    A. To exercise the Privilege to Practice under the terms
10and provisions of the Compact, the Licensee shall:
11        1. Hold a license in the Home State;
12        2. Have a valid United States social security number
13    or National Provider Identifier;
14        3. Be eligible for a Privilege to Practice in any
15    Member State in accordance with Section 4(D), (G) and (H);
16        4. Have not had any Encumbrance or restriction against
17    any license or Privilege to Practice within the previous 2
18    years;
19        5. Notify the Commission that the Licensee is seeking
20    the Privilege to Practice within a Remote State(s);
21        6. Pay any applicable fees, including any State fee,
22    for the Privilege to Practice;
23        7. Meet any Continuing Competence/Education
24    requirements established by the Home State;
25        8. Meet any Jurisprudence Requirements established by



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1    the Remote State(s) in which the Licensee is seeking a
2    Privilege to Practice; and
3        9. Report to the Commission any Adverse Action,
4    Encumbrance, or restriction on a license taken by any
5    non-Member State within 30 days from the date the action
6    is taken.
7    B. The Privilege to Practice is valid until the expiration
8date of the Home State license. The Licensee must comply with
9the requirements of Section 4(A) to maintain the Privilege to
10Practice in the Remote State.
11    C. A Licensee providing Professional Counseling in a
12Remote State under the Privilege to Practice shall adhere to
13the laws and regulations of the Remote State.
14    D. A Licensee providing Professional Counseling services
15in a Remote State is subject to that State's regulatory
16authority. A Remote State may, in accordance with due process
17and that State's laws, remove a Licensee's Privilege to
18Practice in the Remote State for a specific period of time,
19impose fines, or take any other necessary actions to protect
20the health and safety of its citizens. The Licensee may be
21ineligible for a Privilege to Practice in any Member State
22until the specific time for removal has passed and all fines
23are paid.
24    E. If a Home State license is encumbered, the Licensee
25shall lose the Privilege to Practice in any Remote State until
26the following occur:



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1        1. The Home State license is no longer encumbered; and
2        2. The licensee has not had any Encumbrance or
3    restriction against any license or Privilege to Practice
4    within the previous 2 years.
5    F. Once an Encumbered License in the Home State is
6restored to good standing, the Licensee must meet the
7requirements of Section 4(A) to obtain a Privilege to Practice
8in any Remote State.
9    G. If a Licensee's Privilege to Practice in any Remote
10State is removed, the individual may lose the Privilege to
11Practice in all other Remote States until the following occur:
12        1. The specific period of time for which the Privilege
13    to Practice was removed has ended;
14        2. The licensee has paid all fines that have been
15    imposed; and
16        3. The licensee has not had any Encumbrance or
17    restriction against any license or Privilege to Practice
18    within the previous 2 years.
19    H. Once the requirements of Section 4(G) have been met,
20the Licensee must meet the requirements in Section 4(A) to
21obtain a Privilege to Practice in a Remote State.
24    A. A Licensed Professional Counselor may hold a Home State
25license, which allows for a Privilege to Practice in other



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1Member States, in only one Member State at a time.
2    B. If a Licensed Professional Counselor changes primary
3State of residence by moving between two Member States:
4        1. The Licensed Professional Counselor shall file an
5    application for obtaining a new Home State license based
6    on a Privilege to Practice, pay all applicable fees, and
7    notify the current and new Home State in accordance with
8    applicable Rules adopted by the Commission.
9        2. Upon receipt of an application for obtaining a new
10    Home State license by virtue of a Privilege to Practice,
11    the new Home State shall verify that the Licensed
12    Professional Counselor meets the pertinent criteria
13    outlined in Section 4 via the Data System without need for
14    primary source verification except for:
15            a. a Federal Bureau of Investigation
16        fingerprint-based criminal background check if not
17        previously performed or updated pursuant to applicable
18        rules adopted by the Commission in accordance with
19        Public Law 92-544;
20            b. other criminal background check as required by
21        the new Home State; and
22            c. completion of any requisite Jurisprudence
23        Requirements of the new Home State.
24        3. The former Home State shall convert the former Home
25    State license into a Privilege to Practice once the new
26    Home State has activated the new Home State license in



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1    accordance with applicable Rules adopted by the
2    Commission.
3        4. Notwithstanding any other provision of this
4    Compact, if the Licensed Professional Counselor cannot
5    meet the criteria in Section 4, the new Home State may
6    apply its requirements for issuing a new Single State
7    License.
8        5. The Licensed Professional Counselor shall pay all
9    applicable fees to the new Home State in order to be issued
10    a new Home State license.
11    C. If a Licensed Professional Counselor changes Primary
12State of Residence by moving from a Member State to a
13non-Member State, or from a non-Member State to a Member
14State, the State criteria shall apply for issuance of a Single
15State License in the new State.
16    D. Nothing in this Compact shall interfere with a
17Licensee's ability to hold a Single State License in multiple
18States. However, for the purposes of this Compact, a Licensee
19shall have only one Home State license.
20    E. Nothing in this Compact shall affect the requirements
21established by a Member State for the issuance of a Single
22State License.
24    Active Duty Military personnel, or their spouse, shall
25designate a Home State where the individual has a current



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1license in good standing. The individual may retain the Home
2State designation during the period the service member is on
3active duty. Subsequent to designating a Home State, the
4individual shall only change their Home State through
5application for licensure in the new State, or through the
6process outlined in Section 5.
8    A. Member States shall recognize the right of a Licensed
9Professional Counselor, licensed by a Home State in accordance
10with Section 3 and under Rules promulgated by the Commission,
11to practice Professional Counseling in any Member State via
12Telehealth under a Privilege to Practice as provided in the
13Compact and Rules promulgated by the Commission.
14    B. A Licensee providing Professional Counseling services
15in a Remote State under the Privilege to Practice shall adhere
16to the laws and regulations of the Remote State.
18    A. In addition to the other powers conferred by State law,
19a Remote State shall have the authority, in accordance with
20existing State due process law, to:
21        1. Take Adverse Action against a Licensed Professional
22    Counselor's Privilege to Practice within that Member
23    State; and
24        2. Issue subpoenas for both hearings and



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1    investigations that require the attendance and testimony
2    of witnesses as well as the production of evidence.
3    Subpoenas issued by a Licensing Board in a Member State
4    for the attendance and testimony of witnesses or the
5    production of evidence from another Member State shall be
6    enforced in the latter State by any court of competent
7    jurisdiction, according to the practice and procedure of
8    that court applicable to subpoenas issued in proceedings
9    pending before it. The issuing authority shall pay any
10    witness fees, travel expenses, mileage, and other fees
11    required by the service statutes of the State in which the
12    witnesses or evidence are located.
13    Only the Home State shall have the power to take Adverse
14Action against a Licensed Professional Counselor's license
15issued by the Home State.
16    B. For purposes of taking Adverse Action, the Home State
17shall give the same priority and effect to reported conduct
18received from a Member State as it would if the conduct had
19occurred within the Home State. In so doing, the Home State
20shall apply its own State laws to determine appropriate
22    C. The Home State shall complete any pending
23investigations of a Licensed Professional Counselor who
24changes primary State of residence during the course of the
25investigations. The Home State shall also have the authority
26to take appropriate action(s) and shall promptly report the



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1conclusions of the investigations to the administrator of the
2Data System. The administrator of the coordinated licensure
3information system shall promptly notify the new Home State of
4any Adverse Actions.
5    D. A Member State, if otherwise permitted by State law,
6may recover from the affected Licensed Professional Counselor
7the costs of investigations and dispositions of cases
8resulting from any Adverse Action taken against that Licensed
9Professional Counselor.
10    E. A Member State may take Adverse Action based on the
11factual findings of the Remote State, provided that the Member
12State follows its own procedures for taking the Adverse
14    F. Joint Investigations:
15        1. In addition to the authority granted to a Member
16    State by its respective Professional Counseling practice
17    act or other applicable State law, any Member State may
18    participate with other Member States in joint
19    investigations of Licensees.
20        2. Member States shall share any investigative,
21    litigation, or compliance materials in furtherance of any
22    joint or individual investigation initiated under the
23    Compact.
24    G. If Adverse Action is taken by the Home State against the
25license of a Licensed Professional Counselor, the Licensed
26Professional Counselor's Privilege to Practice in all other



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1Member States shall be deactivated until all Encumbrances have
2been removed from the State license. All Home State
3disciplinary orders that impose Adverse Action against the
4license of a Licensed Professional Counselor shall include a
5Statement that the Licensed Professional Counselor's Privilege
6to Practice is deactivated in all Member States during the
7pendency of the order.
8    H. If a Member State takes Adverse Action, it shall
9promptly notify the administrator of the Data System. The
10administrator of the Data System shall promptly notify the
11Home State of any Adverse Actions by Remote States.
12    I. Nothing in this Compact shall override a Member State's
13decision that participation in an Alternative Program may be
14used in lieu of Adverse Action.
16    A. The Compact Member States hereby create and establish a
17joint public agency known as the Counseling Compact
19        1. The Commission is an instrumentality of the Compact
20    States.
21        2. Venue is proper and judicial proceedings by or
22    against the Commission shall be brought solely and
23    exclusively in a court of competent jurisdiction where the
24    principal office of the Commission is located. The
25    Commission may waive venue and jurisdictional defenses to



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



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



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1    Compact, and establish the Commission's personnel policies
2    and programs relating to conflicts of interest,
3    qualifications of personnel, and other related personnel
4    matters;
5        10. Accept any and all appropriate donations and
6    grants of money, equipment, supplies, materials, and
7    services, and to receive, utilize, and dispose of the
8    same; provided that at all times the Commission shall
9    avoid any appearance of impropriety or conflict of
10    interest;
11        11. Lease, purchase, accept appropriate gifts or
12    donations of, or otherwise to own, hold, improve or use,
13    any property, real, personal or mixed; provided that at
14    all times the Commission shall avoid any appearance of
15    impropriety;
16        12. Sell, convey, mortgage, pledge, lease, exchange,
17    abandon, or otherwise dispose of any property real,
18    personal, or mixed;
19        13. Establish a budget and make expenditures;
20        14. Borrow money;
21        15. Appoint committees, including standing committees
22    composed of members, State regulators, State legislators
23    or their representatives, consumer representatives, and
24    such other interested persons as may be designated in this
25    Compact and the bylaws;
26        16. Provide and receive information from, and



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1    cooperate with, law enforcement agencies;
2        17. Establish and elect an Executive Committee; and
3        18. Perform such other functions as may be necessary
4    or appropriate to achieve the purposes of this Compact
5    consistent with the State regulation of Professional
6    Counseling licensure and practice.
7    D. The Executive Committee
8        1. The Executive Committee shall have the power to act
9    on behalf of the Commission according to the terms of this
10    Compact.
11        2. The Executive Committee shall be composed of up to
12    11 members:
13            a. Seven voting members who are elected by the
14        Commission from the current membership of the
15        Commission; and
16            b. Up to 4 ex officio, nonvoting members from 4
17        recognized national professional counselor
18        organizations.
19            c. The ex officio members will be selected by
20        their respective organizations.
21        3. The Commission may remove any member of the
22    Executive Committee as provided in bylaws.
23        4. The Executive Committee shall meet at least
24    annually.
25        5. The Executive Committee shall have the following
26    duties and responsibilities:



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1            a. Recommend to the entire Commission changes to
2        the Rules or bylaws, changes to this Compact
3        legislation, fees paid by Compact Member States such
4        as annual dues, and any Commission Compact fee charged
5        to Licensees for the Privilege to Practice;
6            b. Ensure Compact administration services are
7        appropriately provided, contractual or otherwise;
8            c. Prepare and recommend the budget;
9            d. Maintain financial records on behalf of the
10        Commission;
11            e. Monitor Compact compliance of Member States and
12        provide compliance reports to the Commission;
13            f. Establish additional committees as necessary;
14        and
15            g. Perform other duties as provided in Rules or
16        bylaws.
17    E. Meetings of the Commission
18        1. All meetings shall be open to the public, and
19    public notice of meetings shall be given in the same
20    manner as required under the Rulemaking provisions in
21    Section 11.
22        2. The Commission or the Executive Committee or other
23    committees of the Commission may convene in a closed,
24    nonpublic meeting if the Commission or Executive Committee
25    or other committees of the Commission must discuss:
26            a. Noncompliance of a Member State with its



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1        obligations under the Compact;
2            b. The employment, compensation, discipline or
3        other matters, practices or procedures related to
4        specific employees or other matters related to the
5        Commission's internal personnel practices and
6        procedures;
7            c. Current, threatened, or reasonably anticipated
8        litigation;
9            d. Negotiation of contracts for the purchase,
10        lease, or sale of goods, services, or real estate;
11            e. Accusing any person of a crime or formally
12        censuring any person;
13            f. Disclosure of trade secrets or commercial or
14        financial information that is privileged or
15        confidential;
16            g. Disclosure of information of a personal nature
17        where disclosure would constitute a clearly
18        unwarranted invasion of personal privacy;
19            h. Disclosure of investigative records compiled
20        for law enforcement purposes;
21            i. Disclosure of information related to any
22        investigative reports prepared by or on behalf of or
23        for use of the Commission or other committee charged
24        with responsibility of investigation or determination
25        of compliance issues pursuant to the Compact; or
26            j. Matters specifically exempted from disclosure



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1        by federal or Member State statute.
2        3. If a meeting, or portion of a meeting, is closed
3    pursuant to this provision, the Commission's legal counsel
4    or designee shall certify that the meeting may be closed
5    and shall reference each relevant exempting provision.
6        4. The Commission shall keep minutes that fully and
7    clearly describe all matters discussed in a meeting and
8    shall provide a full and accurate summary of actions
9    taken, and the reasons therefor, including a description
10    of the views expressed. All documents considered in
11    connection with an action shall be identified in such
12    minutes. All minutes and documents of a closed meeting
13    shall remain under seal, subject to release by a majority
14    vote of the Commission or order of a court of competent
15    jurisdiction.
16    F. Financing of the Commission
17        1. The Commission shall pay, or provide for the
18    payment of, the reasonable expenses of its establishment,
19    organization, and ongoing activities.
20        2. The Commission may accept any and all appropriate
21    revenue sources, donations, and grants of money,
22    equipment, supplies, materials, and services.
23        3. The Commission may levy on and collect an annual
24    assessment from each Member State or impose fees on other
25    parties to cover the cost of the operations and activities
26    of the Commission and its staff, which must be in a total



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1    amount sufficient to cover its annual budget as approved
2    each year for which revenue is not provided by other
3    sources. The aggregate annual assessment amount shall be
4    allocated based upon a formula to be determined by the
5    Commission, which shall promulgate a Rule binding upon all
6    Member States.
7        4. The Commission shall not incur obligations of any
8    kind prior to securing the funds adequate to meet the
9    same; nor shall the Commission pledge the credit of any of
10    the Member States, except by and with the authority of the
11    Member State.
12        5. The Commission shall keep accurate accounts of all
13    receipts and disbursements. The receipts and disbursements
14    of the Commission shall be subject to the audit and
15    accounting procedures established under its bylaws.
16    However, all receipts and disbursements of funds handled
17    by the Commission shall be audited yearly by a certified
18    or licensed public accountant, and the report of the audit
19    shall be included in and become part of the annual report
20    of the Commission.
21    G. Qualified Immunity, Defense, and Indemnification
22        1. The members, officers, executive director,
23    employees and representatives of the Commission shall be
24    immune from suit and liability, either personally or in
25    their official capacity, for any claim for damage to or
26    loss of property or personal injury or other civil



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1    liability caused by or arising out of any actual or
2    alleged act, error or omission that occurred, or that the
3    person against whom the claim is made had a reasonable
4    basis for believing occurred within the scope of
5    Commission employment, duties or responsibilities;
6    provided that nothing in this paragraph shall be construed
7    to protect any such person from suit or liability for any
8    damage, loss, injury, or liability caused by the
9    intentional, willful, or wanton misconduct of that person.
10        2. The Commission shall defend any member, officer,
11    executive director, employee or representative of the
12    Commission in any civil action seeking to impose liability
13    arising out of any actual or alleged act, error, or
14    omission that occurred within the scope of Commission
15    employment, duties, or responsibilities, or that the
16    person against whom the claim is made had a reasonable
17    basis for believing occurred within the scope of
18    Commission employment, duties, or responsibilities;
19    provided that nothing herein shall be construed to
20    prohibit that person from retaining his or her own
21    counsel; and provided further, that the actual or alleged
22    act, error, or omission did not result from that person's
23    intentional, willful, or wanton misconduct.
24        3. The Commission shall indemnify and hold harmless
25    any member, officer, executive director, employee, or
26    representative of the Commission for the amount of any



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1    settlement or judgment obtained against that person
2    arising out of any actual or alleged act, error, or
3    omission that occurred within the scope of Commission
4    employment, duties, or responsibilities, or that such
5    person had a reasonable basis for believing occurred
6    within the scope of Commission employment, duties, or
7    responsibilities, provided that the actual or alleged act,
8    error, or omission did not result from the intentional,
9    willful, or wanton misconduct of that person.
11    A. The Commission shall provide for the development,
12maintenance, operation, and utilization of a coordinated
13database and reporting system containing licensure, Adverse
14Action, and Investigative Information on all licensed
15individuals in Member States.
16    B. Notwithstanding any other provision of State law to the
17contrary, a Member State shall submit a uniform data set to the
18Data System on all individuals to whom this Compact is
19applicable, as required by the Rules of the Commission,
21        1. Identifying information;
22        2. Licensure data;
23        3. Adverse Actions against a license or Privilege to
24    Practice;
25        4. Non-confidential information related to Alternative



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1    Program participation;
2        5. Any denial of application for licensure, and the
3    reason(s) for such denial;
4        6. Current Significant Investigative Information; and
5        7. Other information that may facilitate the
6    administration of this Compact, as determined by the Rules
7    of the Commission.
8    C. Investigative Information pertaining to a Licensee in
9any Member State will only be available to other Member
11    D. The Commission shall promptly notify all Member States
12of any Adverse Action taken against a Licensee or an
13individual applying for a license. Adverse Action information
14pertaining to a Licensee in any Member State will be available
15to any other Member State.
16    E. Member States contributing information to the Data
17System may designate information that may not be shared with
18the public without the express permission of the contributing
20    F. Any information submitted to the Data System that is
21subsequently required to be expunged by the laws of the Member
22State contributing the information shall be removed from the
23Data System.
25    A. The Commission shall promulgate reasonable Rules in



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



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1    otherwise publish proposed Rules.
2    F. The Notice of Proposed Rulemaking shall include:
3        1. The proposed time, date, and location of the
4    meeting in which the Rule will be considered and voted
5    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
9    any 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
14shall allow persons to submit written data, facts, opinions,
15and arguments, which shall be made available to the public.
16    H. The Commission shall grant an opportunity for a public
17hearing before it adopts a Rule or amendment if a hearing is
18requested by:
19        1. At least 25 persons;
20        2. A State or federal governmental subdivision or
21    agency; or
22        3. An association having at least 25 members.
23    I. If a hearing is held on the proposed Rule or amendment,
24the Commission shall publish the place, time, and date of the
25scheduled public hearing. If the hearing is held via
26electronic means, the Commission shall publish the mechanism



SB2123- 32 -LRB103 26875 AWJ 53239 b

1for access to the electronic hearing.
2        1. All persons wishing to be heard at the hearing
3    shall notify the executive director of the Commission or
4    other designated member in writing of their desire to
5    appear and testify at the hearing not less than 5 business
6    days before the scheduled date of the hearing.
7        2. Hearings shall be conducted in a manner providing
8    each person who wishes to comment a fair and reasonable
9    opportunity to comment orally or in writing.
10        3. All hearings will be recorded. A copy of the
11    recording will be made available on request.
12        4. Nothing in this section shall be construed as
13    requiring a separate hearing on each Rule. Rules may be
14    grouped for the convenience of the Commission at hearings
15    required by this section.
16    J. Following the scheduled hearing date, or by the close
17of business on the scheduled hearing date if the hearing was
18not held, the Commission shall consider all written and oral
19comments received.
20    K. If no written notice of intent to attend the public
21hearing by interested parties is received, the Commission may
22proceed with promulgation of the proposed Rule without a
23public hearing.
24    L. The Commission shall, by majority vote of all members,
25take final action on the proposed Rule and shall determine the
26effective date of the Rule, if any, based on the Rulemaking



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1record and the full text of the Rule.
2    M. Upon determination that an emergency exists, the
3Commission may consider and adopt an emergency Rule without
4prior notice, opportunity for comment, or hearing, provided
5that the usual Rulemaking procedures provided in the Compact
6and in this section shall be retroactively applied to the Rule
7as soon as reasonably possible, in no event later than 90 days
8after the effective date of the Rule. For the purposes of this
9provision, an emergency Rule is one that must be adopted
10immediately in order to:
11        1. Meet an imminent threat to public health, safety,
12    or welfare;
13        2. Prevent a loss of Commission or Member State funds;
14        3. Meet a deadline for the promulgation of an
15    administrative Rule that is established by federal law or
16    Rule; or
17        4. Protect public health and safety.
18    N. The Commission or an authorized committee of the
19Commission may direct revisions to a previously adopted Rule
20or amendment for purposes of correcting typographical errors,
21errors in format, errors in consistency, or grammatical
22errors. Public notice of any revision shall be posted on the
23website of the Commission. The revision shall be subject to
24challenge by any person for a period of 30 days after posting.
25The revision may be challenged only on grounds that the
26revision results in a material change to a Rule. A challenge



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1shall be made in writing and delivered to the chair of the
2Commission prior to the end of the notice period. If no
3challenge is made, the revision will take effect without
4further action. If the revision is challenged, the revision
5may not take effect without the approval of the Commission.
7    A. Oversight
8        1. The executive, legislative, and judicial branches
9    of State government in each Member State shall enforce
10    this Compact and take all actions necessary and
11    appropriate to effectuate the Compact's purposes and
12    intent. The provisions of this Compact and the Rules
13    promulgated hereunder shall have standing as statutory
14    law.
15        2. All courts shall take judicial notice of the
16    Compact and the Rules in any judicial or administrative
17    proceeding in a Member State pertaining to the subject
18    matter of this Compact which may affect the powers,
19    responsibilities, or actions of the Commission.
20        3. The Commission shall be entitled to receive service
21    of process in any such proceeding and shall have standing
22    to intervene in such a proceeding for all purposes.
23    Failure to provide service of process to the Commission
24    shall render a judgment or order void as to the
25    Commission, this Compact, or promulgated Rules.



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1    B. Default, Technical Assistance, and Termination
2        1. If the Commission determines that a Member State
3    has defaulted in the performance of its obligations or
4    responsibilities under this Compact or the promulgated
5    Rules, the Commission shall:
6            a. Provide written notice to the defaulting State
7        and other Member States of the nature of the default,
8        the proposed means of curing the default or any other
9        action to be taken by the Commission; and
10            b. Provide remedial training and specific
11        technical assistance regarding the default.
12    C. If a Member State in default fails to cure the default,
13the defaulting Member State may be terminated from the Compact
14upon an affirmative vote of a majority of the Member States,
15and all rights, privileges and benefits conferred by this
16Compact may be terminated on the effective date of
17termination. A cure of the default does not relieve the
18offending Member State of obligations or liabilities incurred
19during the period of default.
20    D. Termination of membership in the Compact shall be
21imposed only after all other means of securing compliance have
22been exhausted. Notice of intent to suspend or terminate shall
23be given by the Commission to the governor, the majority and
24minority leaders of the defaulting State's legislature, and
25each of the Member States.
26    E. A Member State that has been terminated is responsible



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1for all assessments, obligations, and liabilities incurred
2through the effective date of termination, including
3obligations that extend beyond the effective date of
5    F. The Commission shall not bear any costs related to a
6Member State that is found to be in default or that has been
7terminated from the Compact, unless agreed upon in writing
8between the Commission and the defaulting Member State.
9    G. The defaulting Member State may appeal the action of
10the Commission by petitioning the U.S. District Court for the
11District of Columbia or the federal district where the
12Commission has its principal offices. The prevailing Member
13State shall be awarded all costs of such litigation, including
14reasonable attorney's fees.
15    H. Dispute Resolution
16        1. Upon request by a Member State, the Commission
17    shall attempt to resolve disputes related to the Compact
18    that arise among Member States and between Member and
19    non-Member States.
20        2. The Commission shall promulgate a Rule providing
21    for both mediation and binding dispute resolution for
22    disputes as appropriate.
23    I. Enforcement
24        1. The Commission, in the reasonable exercise of its
25    discretion, shall enforce the provisions and Rules of this
26    Compact.



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1        2. By majority vote, the Commission may initiate legal
2    action in the United States District Court for the
3    District of Columbia or the federal district where the
4    Commission has its principal offices against a Member
5    State in default to enforce compliance with the provisions
6    of the Compact and its promulgated Rules and bylaws. The
7    relief sought may include both injunctive relief and
8    damages. In the event judicial enforcement is necessary,
9    the prevailing member shall be awarded all costs of such
10    litigation, including reasonable attorney's fees.
11        3. The remedies herein shall not be the exclusive
12    remedies of the Commission. The Commission may pursue any
13    other remedies available under federal or State law.
17    A. The Compact shall come into effect on the date on which
18the Compact statute is enacted into law in the tenth Member
19State. The provisions, which become effective at that time,
20shall be limited to the powers granted to the Commission
21relating to assembly and the promulgation of Rules.
22Thereafter, the Commission shall meet and exercise Rulemaking
23powers necessary to the implementation and administration of
24the Compact.
25    B. Any State that joins the Compact subsequent to the



SB2123- 38 -LRB103 26875 AWJ 53239 b

1Commission's initial adoption of the Rules shall be subject to
2the Rules as they exist on the date on which the Compact
3becomes law in that State. Any Rule that has been previously
4adopted by the Commission shall have the full force and effect
5of law on the day the Compact becomes law in that State.
6    C. Any Member State may withdraw from this Compact by
7enacting a statute repealing the same.
8        1. A Member State's withdrawal shall not take effect
9    until 6 months after enactment of the repealing statute.
10        2. Withdrawal shall not affect the continuing
11    requirement of the withdrawing State's Professional
12    Counseling Licensing Board to comply with the
13    investigative and Adverse Action reporting requirements of
14    this Compact prior to the effective date of withdrawal.
15    D. Nothing contained in this Compact shall be construed to
16invalidate or prevent any Professional Counseling licensure
17agreement or other cooperative arrangement between a Member
18State and a non-Member State that does not conflict with the
19provisions of this Compact.
20    E. This Compact may be amended by the Member States. No
21amendment to this Compact shall become effective and binding
22upon any Member State until it is enacted into the laws of all
23Member States.
25    This Compact shall be liberally construed so as to



SB2123- 39 -LRB103 26875 AWJ 53239 b

1effectuate the purposes thereof. The provisions of this
2Compact shall be severable and if any phrase, clause, sentence
3or provision of this Compact is declared to be contrary to the
4constitution of any Member State or of the United States or the
5applicability thereof to any government, agency, person or
6circumstance is held invalid, the validity of the remainder of
7this Compact and the applicability thereof to any government,
8agency, person or circumstance shall not be affected thereby.
9If this Compact shall be held contrary to the constitution of
10any Member State, the Compact shall remain in full force and
11effect as to the remaining Member States and in full force and
12effect as to the Member State affected as to all severable
15    A. A Licensee providing Professional Counseling services
16in a Remote State under the Privilege to Practice shall adhere
17to the laws and regulations, including scope of practice, of
18the Remote State.
19    B. Nothing herein prevents the enforcement of any other
20law of a Member State that is not inconsistent with the
22    C. Any laws in a Member State in conflict with the Compact
23are superseded to the extent of the conflict.
24    D. Any lawful actions of the Commission, including all
25Rules and bylaws properly promulgated by the Commission, are



SB2123- 40 -LRB103 26875 AWJ 53239 b

1binding upon the Member States.
2    E. All permissible agreements between the Commission and
3the Member States are binding in accordance with their terms.
4    F. In the event any provision of the Compact exceeds the
5constitutional limits imposed on the legislature of any Member
6State, the provision shall be ineffective to the extent of the
7conflict with the constitutional provision in question in that
8Member State.
9    Section 90. The Professional Counselor and Clinical
10Professional Counselor Licensing and Practice Act is amended
11by adding Section 12 as follows:
12    (225 ILCS 107/12 new)
13    Sec. 12. Counseling Compact.
14    (a) No later than 2 months after this Section's effective
15date under this amendatory Act of the 103rd General Assembly,
16the Board must submit a report to the General Assembly with
17recommendations of any statutory changes and budgetary changes
18needed to comply with the requirements of the Counseling
19Compact that will be entered into pursuant to the Counseling
20Compact Act.
21    (b) No later than 6 months after this Section's effective
22date under this amendatory Act of the 103rd General Assembly,
23the Board and the Department shall modify, if needed, the
24Board's and the Department's rules to comply with the



SB2123- 41 -LRB103 26875 AWJ 53239 b

1requirements of the Counseling Compact that will be entered
2into pursuant to the Counseling Compact Act.
3    Section 99. Effective date. This Section and Section 90
4take effect upon becoming law.