Full Text of SB2123 103rd General Assembly
SB2123eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Counseling Compact Act. | 6 | | Section 5. Counseling Compact. The State of Illinois | 7 | | enters into the Counseling Compact in substantially the | 8 | | following form with all other states joining the Compact: | 9 | | SECTION 1: PURPOSE | 10 | | The purpose of this Compact is to facilitate interstate | 11 | | practice of Licensed Professional Counselors with the goal of | 12 | | improving public access to Professional Counseling services. | 13 | | The practice of Professional Counseling occurs in the State | 14 | | where the client is located at the time of the counseling | 15 | | services. The Compact preserves the regulatory authority of | 16 | | States to protect public health and safety through the current | 17 | | system of State licensure. | 18 | | This Compact is designed to achieve the following | 19 | | objectives: | 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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| 1 | | SECTION 2. DEFINITIONS | 2 | | As used in this Compact, and except as otherwise provided, | 3 | | the following definitions apply: | 4 | | A. "Active Duty Military" means full-time duty status in | 5 | | the active uniformed service of the United States, including | 6 | | members of the National Guard and Reserve on active duty | 7 | | orders pursuant to 10 U.S.C. Chapters 1209 and 1211. | 8 | | B. "Adverse Action" means any administrative, civil, | 9 | | equitable or criminal action permitted by a State's laws which | 10 | | is imposed by a licensing board or other authority against a | 11 | | Licensed Professional Counselor, including actions against an | 12 | | individual's license or Privilege to Practice such as | 13 | | revocation, suspension, probation, monitoring of the licensee, | 14 | | limitation on the licensee's practice, or any other | 15 | | Encumbrance on licensure affecting a Licensed Professional | 16 | | Counselor's authorization to practice, including issuance of a | 17 | | cease and desist action. | 18 | | C. "Alternative Program" means a non-disciplinary | 19 | | monitoring or practice remediation process approved by a | 20 | | Professional Counseling Licensing Board to address Impaired | 21 | | Practitioners. | 22 | | D. "Continuing Competence/Education" means a requirement, | 23 | | as a condition of license renewal, to provide evidence of | 24 | | completion of educational and professional activities relevant | 25 | | to practice or area of work. | 26 | | E. "Counseling Compact Commission" or "Commission" means |
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| 1 | | the national administrative body whose membership consists of | 2 | | all 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 | 16 | | Licensees, including, but not limited to, continuing | 17 | | education, examination, licensure, investigative, Privilege to | 18 | | Practice and Adverse Action information. | 19 | | H. "Encumbered License" means a license in which an | 20 | | Adverse Action restricts the practice of licensed Professional | 21 | | Counseling by the Licensee and said Adverse Action has been | 22 | | reported to the National Practitioner Data Bank (NPDB). | 23 | | I. "Encumbrance" means a revocation or suspension of, or | 24 | | any limitation on, the full and unrestricted practice of | 25 | | Licensed Professional Counseling by a Licensing Board. | 26 | | J. "Executive Committee" means a group of directors |
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| 1 | | elected or appointed to act on behalf of, and within the powers | 2 | | granted to them by, the Commission. | 3 | | K. "Home State" means the Member State that is the | 4 | | Licensee's primary State of residence. | 5 | | L. "Impaired Practitioner" means an individual who has a | 6 | | condition(s) that may impair the individual's ability to | 7 | | practice as a Licensed Professional Counselor without some | 8 | | type of intervention and may include, but are not limited to, | 9 | | alcohol and drug dependence, mental health impairment, and | 10 | | neurological or physical impairments. | 11 | | M. "Investigative Information" means information, records, | 12 | | and documents received or generated by a Professional | 13 | | Counseling Licensing Board pursuant to an investigation. | 14 | | N. "Jurisprudence Requirement" if required by a Member | 15 | | State, means the assessment of an individual's knowledge of | 16 | | the laws and Rules governing the practice of Professional | 17 | | Counseling in a State. | 18 | | O. "Licensed Professional Counselor" means a counselor | 19 | | licensed by a Member State, regardless of the title used by | 20 | | that State, to independently assess, diagnose, and treat | 21 | | behavioral health conditions. | 22 | | P. "Licensee" means an individual who currently holds an | 23 | | authorization from the State to practice as a Licensed | 24 | | Professional Counselor. | 25 | | Q. "Licensing Board" means the agency of a State, or | 26 | | equivalent, that is responsible for the licensing and |
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| 1 | | regulation of Licensed Professional Counselors. | 2 | | R. "Member State" means a State that has enacted the | 3 | | Compact. | 4 | | S. "Privilege to Practice" means a legal authorization, | 5 | | which is equivalent to a license, permitting the practice of | 6 | | Professional Counseling in a Remote State. | 7 | | T. "Professional Counseling" means the assessment, | 8 | | diagnosis, and treatment of behavioral health conditions by a | 9 | | Licensed Professional Counselor. | 10 | | U. "Remote State" means a Member State other than the Home | 11 | | State, where a Licensee is exercising or seeking to exercise | 12 | | the Privilege to Practice. | 13 | | V. "Rule" means a regulation promulgated by the Commission | 14 | | that has the force of law. | 15 | | W. "Single State License" means a Licensed Professional | 16 | | Counselor license issued by a Member State that authorizes | 17 | | practice only within the issuing State and does not include a | 18 | | Privilege to Practice in any other Member State. | 19 | | X. "State" means any state, commonwealth, district, or | 20 | | territory of the United States of America that regulates the | 21 | | practice of Professional Counseling. | 22 | | Y. "Telehealth" means the application of telecommunication | 23 | | technology to deliver Professional Counseling services | 24 | | remotely to assess, diagnose, and treat behavioral health | 25 | | conditions. | 26 | | Z. "Unencumbered License" means a license that authorizes |
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| 1 | | a Licensed Professional Counselor to engage in the full and | 2 | | unrestricted practice of Professional Counseling. | 3 | | SECTION 3. STATE PARTICIPATION IN THE COMPACT | 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 | | c. A Licensing Board may conduct national | 7 | | background checks by submitting fingerprints to the | 8 | | Federal Bureau of Investigation through the Member | 9 | | State's statewide policing authority. However, reports | 10 | | from the background checks may not be shared with | 11 | | entities outside of the Member State. Applicants shall | 12 | | be responsible for all fees associated with the | 13 | | performance of the background checks. | 14 | | 4. Comply with the Rules of the Commission; | 15 | | 5. Require an applicant to obtain or retain a license | 16 | | in the Home State and meet the Home State's qualifications | 17 | | for licensure or renewal of licensure, as well as all | 18 | | other applicable State laws; | 19 | | 6. Grant the Privilege to Practice to a Licensee | 20 | | holding a valid Unencumbered License in another Member | 21 | | State in accordance with the terms of the Compact and | 22 | | Rules; and | 23 | | 7. Provide for the attendance of the State's | 24 | | commissioner to the Counseling Compact Commission | 25 | | meetings. | 26 | | C. Member States may charge a fee for granting the |
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| 1 | | Privilege to Practice. | 2 | | D. Individuals not residing in a Member State shall | 3 | | continue to be able to apply for a Member State's Single State | 4 | | License as provided under the laws of each Member State. | 5 | | However, the Single State License granted to these individuals | 6 | | shall not be recognized as granting a Privilege to Practice | 7 | | Professional Counseling in any other Member State. | 8 | | E. Nothing in this Compact shall affect the requirements | 9 | | established by a Member State for the issuance of a Single | 10 | | State License. | 11 | | F. A license issued to a Licensed Professional Counselor | 12 | | by a Home State to a resident in that State shall be recognized | 13 | | by each Member State as authorizing a Licensed Professional | 14 | | Counselor to practice Professional Counseling, under a | 15 | | Privilege to Practice, in each Member State. | 16 | | SECTION 4. PRIVILEGE TO PRACTICE | 17 | | A. To exercise the Privilege to Practice under the terms | 18 | | and provisions of the Compact, the Licensee shall: | 19 | | 1. Hold a license in the Home State; | 20 | | 2. Have a valid United States social security number | 21 | | or National Provider Identifier; | 22 | | 3. Be eligible for a Privilege to Practice in any | 23 | | Member State in accordance with Section 4(D), (G) and (H); | 24 | | 4. Have not had any Encumbrance or restriction against | 25 | | any license or Privilege to Practice within the previous 2 |
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| 1 | | years; | 2 | | 5. Notify the Commission that the Licensee is seeking | 3 | | the Privilege to Practice within a Remote State(s); | 4 | | 6. Pay any applicable fees, including any State fee, | 5 | | for the Privilege to Practice; | 6 | | 7. Meet any Continuing Competence/Education | 7 | | requirements established by the Home State; | 8 | | 8. Meet any Jurisprudence Requirements established by | 9 | | the Remote State(s) in which the Licensee is seeking a | 10 | | Privilege to Practice; and | 11 | | 9. Report to the Commission any Adverse Action, | 12 | | Encumbrance, or restriction on a license taken by any | 13 | | non-Member State within 30 days from the date the action | 14 | | is taken. | 15 | | B. The Privilege to Practice is valid until the expiration | 16 | | date of the Home State license. The Licensee must comply with | 17 | | the requirements of Section 4(A) to maintain the Privilege to | 18 | | Practice in the Remote State. | 19 | | C. A Licensee providing Professional Counseling in a | 20 | | Remote State under the Privilege to Practice shall adhere to | 21 | | the laws and regulations of the Remote State. | 22 | | D. A Licensee providing Professional Counseling services | 23 | | in a Remote State is subject to that State's regulatory | 24 | | authority. A Remote State may, in accordance with due process | 25 | | and that State's laws, remove a Licensee's Privilege to | 26 | | Practice in the Remote State for a specific period of time, |
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| 1 | | impose fines, or take any other necessary actions to protect | 2 | | the health and safety of its citizens. The Licensee may be | 3 | | ineligible for a Privilege to Practice in any Member State | 4 | | until the specific time for removal has passed and all fines | 5 | | are paid. | 6 | | E. If a Home State license is encumbered, the Licensee | 7 | | shall lose the Privilege to Practice in any Remote State until | 8 | | the following occur: | 9 | | 1. The Home State license is no longer encumbered; and | 10 | | 2. The licensee has not had any Encumbrance or | 11 | | restriction against any license or Privilege to Practice | 12 | | within the previous 2 years. | 13 | | F. Once an Encumbered License in the Home State is | 14 | | restored to good standing, the Licensee must meet the | 15 | | requirements of Section 4(A) to obtain a Privilege to Practice | 16 | | in any Remote State. | 17 | | G. If a Licensee's Privilege to Practice in any Remote | 18 | | State is removed, the individual may lose the Privilege to | 19 | | Practice in all other Remote States until the following occur: | 20 | | 1. The specific period of time for which the Privilege | 21 | | to Practice was removed has ended; | 22 | | 2. The licensee has paid all fines that have been | 23 | | imposed; and | 24 | | 3. The licensee has not had any Encumbrance or | 25 | | restriction against any license or Privilege to Practice | 26 | | within the previous 2 years. |
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| 1 | | H. Once the requirements of Section 4(G) have been met, | 2 | | the Licensee must meet the requirements in Section 4(A) to | 3 | | obtain a Privilege to Practice in a Remote State. | 4 | | SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A | 5 | | PRIVILEGE TO PRACTICE | 6 | | A. A Licensed Professional Counselor may hold a Home State | 7 | | license, which allows for a Privilege to Practice in other | 8 | | Member States, in only one Member State at a time. | 9 | | B. If a Licensed Professional Counselor changes primary | 10 | | State of residence by moving between two Member States: | 11 | | 1. The Licensed Professional Counselor shall file an | 12 | | application for obtaining a new Home State license based | 13 | | on a Privilege to Practice, pay all applicable fees, and | 14 | | notify the current and new Home State in accordance with | 15 | | applicable Rules adopted by the Commission. | 16 | | 2. Upon receipt of an application for obtaining a new | 17 | | Home State license by virtue of a Privilege to Practice, | 18 | | the new Home State shall verify that the Licensed | 19 | | Professional Counselor meets the pertinent criteria | 20 | | outlined in Section 4 via the Data System without need for | 21 | | primary source verification except for: | 22 | | a. a Federal Bureau of Investigation | 23 | | fingerprint-based criminal background check if not | 24 | | previously performed or updated pursuant to applicable | 25 | | rules adopted by the Commission in accordance with |
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| 1 | | Public Law 92-544; | 2 | | b. other criminal background check as required by | 3 | | the new Home State; and | 4 | | c. completion of any requisite Jurisprudence | 5 | | Requirements of the new Home State. | 6 | | 3. The former Home State shall convert the former Home | 7 | | State license into a Privilege to Practice once the new | 8 | | Home State has activated the new Home State license in | 9 | | accordance with applicable Rules adopted by the | 10 | | Commission. | 11 | | 4. Notwithstanding any other provision of this | 12 | | Compact, if the Licensed Professional Counselor cannot | 13 | | meet the criteria in Section 4, the new Home State may | 14 | | apply its requirements for issuing a new Single State | 15 | | License. | 16 | | 5. The Licensed Professional Counselor shall pay all | 17 | | applicable fees to the new Home State in order to be issued | 18 | | a new Home State license. | 19 | | C. If a Licensed Professional Counselor changes Primary | 20 | | State of Residence by moving from a Member State to a | 21 | | non-Member State, or from a non-Member State to a Member | 22 | | State, the State criteria shall apply for issuance of a Single | 23 | | State License in the new State. | 24 | | D. Nothing in this Compact shall interfere with a | 25 | | Licensee's ability to hold a Single State License in multiple | 26 | | States. However, for the purposes of this Compact, a Licensee |
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| 1 | | shall have only one Home State license. | 2 | | E. Nothing in this Compact shall affect the requirements | 3 | | established by a Member State for the issuance of a Single | 4 | | State License. | 5 | | SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES | 6 | | Active Duty Military personnel, or their spouse, shall | 7 | | designate a Home State where the individual has a current | 8 | | license in good standing. The individual may retain the Home | 9 | | State designation during the period the service member is on | 10 | | active duty. Subsequent to designating a Home State, the | 11 | | individual shall only change their Home State through | 12 | | application for licensure in the new State, or through the | 13 | | process outlined in Section 5. | 14 | | SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH | 15 | | A. Member States shall recognize the right of a Licensed | 16 | | Professional Counselor, licensed by a Home State in accordance | 17 | | with Section 3 and under Rules promulgated by the Commission, | 18 | | to practice Professional Counseling in any Member State via | 19 | | Telehealth under a Privilege to Practice as provided in the | 20 | | Compact and Rules promulgated by the Commission. | 21 | | B. A Licensee providing Professional Counseling services | 22 | | in a Remote State under the Privilege to Practice shall adhere | 23 | | to the laws and regulations of the Remote State. |
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| 1 | | SECTION 8. ADVERSE ACTIONS | 2 | | A. In addition to the other powers conferred by State law, | 3 | | a Remote State shall have the authority, in accordance with | 4 | | existing State due process law, to: | 5 | | 1. Take Adverse Action against a Licensed Professional | 6 | | Counselor's Privilege to Practice within that Member | 7 | | State; and | 8 | | 2. Issue subpoenas for both hearings and | 9 | | investigations that require the attendance and testimony | 10 | | of witnesses as well as the production of evidence. | 11 | | Subpoenas issued by a Licensing Board in a Member State | 12 | | for the attendance and testimony of witnesses or the | 13 | | production of evidence from another Member State shall be | 14 | | enforced in the latter State by any court of competent | 15 | | jurisdiction, according to the practice and procedure of | 16 | | that court applicable to subpoenas issued in proceedings | 17 | | pending before it. The issuing authority shall pay any | 18 | | witness fees, travel expenses, mileage, and other fees | 19 | | required by the service statutes of the State in which the | 20 | | witnesses or evidence are located. | 21 | | Only the Home State shall have the power to take Adverse | 22 | | Action against a Licensed Professional Counselor's license | 23 | | issued by the Home State. | 24 | | B. For purposes of taking Adverse Action, the Home State | 25 | | shall give the same priority and effect to reported conduct | 26 | | received from a Member State as it would if the conduct had |
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| 1 | | occurred within the Home State. In so doing, the Home State | 2 | | shall apply its own State laws to determine appropriate | 3 | | action. | 4 | | C. The Home State shall complete any pending | 5 | | investigations of a Licensed Professional Counselor who | 6 | | changes primary State of residence during the course of the | 7 | | investigations. The Home State shall also have the authority | 8 | | to take appropriate action(s) and shall promptly report the | 9 | | conclusions of the investigations to the administrator of the | 10 | | Data System. The administrator of the coordinated licensure | 11 | | information system shall promptly notify the new Home State of | 12 | | any Adverse Actions. | 13 | | D. A Member State, if otherwise permitted by State law, | 14 | | may recover from the affected Licensed Professional Counselor | 15 | | the costs of investigations and dispositions of cases | 16 | | resulting from any Adverse Action taken against that Licensed | 17 | | Professional Counselor. | 18 | | E. A Member State may take Adverse Action based on the | 19 | | factual findings of the Remote State, provided that the Member | 20 | | State follows its own procedures for taking the Adverse | 21 | | Action. | 22 | | F. Joint Investigations: | 23 | | 1. In addition to the authority granted to a Member | 24 | | State by its respective Professional Counseling practice | 25 | | act or other applicable State law, any Member State may | 26 | | participate with other Member States in joint |
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| 1 | | investigations of Licensees. | 2 | | 2. Member States shall share any investigative, | 3 | | litigation, or compliance materials in furtherance of any | 4 | | joint or individual investigation initiated under the | 5 | | Compact. | 6 | | G. If Adverse Action is taken by the Home State against the | 7 | | license of a Licensed Professional Counselor, the Licensed | 8 | | Professional Counselor's Privilege to Practice in all other | 9 | | Member States shall be deactivated until all Encumbrances have | 10 | | been removed from the State license. All Home State | 11 | | disciplinary orders that impose Adverse Action against the | 12 | | license of a Licensed Professional Counselor shall include a | 13 | | Statement that the Licensed Professional Counselor's Privilege | 14 | | to Practice is deactivated in all Member States during the | 15 | | pendency of the order. | 16 | | H. If a Member State takes Adverse Action, it shall | 17 | | promptly notify the administrator of the Data System. The | 18 | | administrator of the Data System shall promptly notify the | 19 | | Home State of any Adverse Actions by Remote States. | 20 | | I. Nothing in this Compact shall override a Member State's | 21 | | decision that participation in an Alternative Program may be | 22 | | used in lieu of Adverse Action. | 23 | | SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION | 24 | | A. The Compact Member States hereby create and establish a | 25 | | joint public agency known as the Counseling Compact |
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| 1 | | Commission: | 2 | | 1. The Commission is an instrumentality of the Compact | 3 | | States. | 4 | | 2. Venue is proper and judicial proceedings by or | 5 | | against the Commission shall be brought solely and | 6 | | exclusively in a court of competent jurisdiction where the | 7 | | principal office of the Commission is located. The | 8 | | Commission may waive venue and jurisdictional defenses to | 9 | | the extent it adopts or consents to participate in | 10 | | alternative dispute resolution proceedings. | 11 | | 3. Nothing in this Compact shall be construed to be a | 12 | | waiver of sovereign immunity. | 13 | | B. Membership, Voting, and Meetings | 14 | | 1. Each Member State shall have and be limited to one | 15 | | delegate selected by that Member State's Licensing Board. | 16 | | 2. The delegate shall be either: | 17 | | a. A current member of the Licensing Board at the | 18 | | time of appointment, who is a Licensed Professional | 19 | | Counselor or public member; or | 20 | | b. An administrator of the Licensing Board. | 21 | | 3. Any delegate may be removed or suspended from | 22 | | office as provided by the law of the State from which the | 23 | | delegate is appointed. | 24 | | 4. The Member State Licensing Board shall fill any | 25 | | vacancy occurring on the Commission within 60 days. | 26 | | 5. Each delegate shall be entitled to one vote with |
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| 1 | | regard to the promulgation of Rules and creation of bylaws | 2 | | and shall otherwise have an opportunity to participate in | 3 | | the business and affairs of the Commission. | 4 | | 6. A delegate shall vote in person or by such other | 5 | | means as provided in the bylaws. The bylaws may provide | 6 | | for delegates' participation in meetings by telephone or | 7 | | other means of communication. | 8 | | 7. The Commission shall meet at least once during each | 9 | | calendar year. Additional meetings shall be held as set | 10 | | forth in the bylaws. | 11 | | 8. The Commission shall by Rule establish a term of | 12 | | office for delegates and may by Rule establish term | 13 | | limits. | 14 | | C. The Commission shall have the following powers and | 15 | | duties: | 16 | | 1. Establish the fiscal year of the Commission; | 17 | | 2. Establish bylaws; | 18 | | 3. Maintain its financial records in accordance with | 19 | | the bylaws; | 20 | | 4. Meet and take such actions as are consistent with | 21 | | the provisions of this Compact and the bylaws; | 22 | | 5. Promulgate Rules which shall be binding to the | 23 | | extent and in the manner provided for in the Compact; | 24 | | 6. Bring and prosecute legal proceedings or actions in | 25 | | the name of the Commission, provided that the standing of | 26 | | any State Licensing Board to sue or be sued under |
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| 1 | | applicable law shall not be affected; | 2 | | 7. Purchase and maintain insurance and bonds; | 3 | | 8. Borrow, accept, or contract for services of | 4 | | personnel, including, but not limited to, employees of a | 5 | | Member State; | 6 | | 9. Hire employees, elect or appoint officers, fix | 7 | | compensation, define duties, grant such individuals | 8 | | appropriate authority to carry out the purposes of the | 9 | | Compact, and establish the Commission's personnel policies | 10 | | and programs relating to conflicts of interest, | 11 | | qualifications of personnel, and other related personnel | 12 | | matters; | 13 | | 10. Accept any and all appropriate donations and | 14 | | grants of money, equipment, supplies, materials, and | 15 | | services, and to receive, utilize, and dispose of the | 16 | | same; provided that at all times the Commission shall | 17 | | avoid any appearance of impropriety or conflict of | 18 | | interest; | 19 | | 11. Lease, purchase, accept appropriate gifts or | 20 | | donations of, or otherwise to own, hold, improve or use, | 21 | | any property, real, personal or mixed; provided that at | 22 | | all times the Commission shall avoid any appearance of | 23 | | impropriety; | 24 | | 12. Sell, convey, mortgage, pledge, lease, exchange, | 25 | | abandon, or otherwise dispose of any property real, | 26 | | personal, or mixed; |
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| 1 | | 13. Establish a budget and make expenditures; | 2 | | 14. Borrow money; | 3 | | 15. Appoint committees, including standing committees | 4 | | composed of members, State regulators, State legislators | 5 | | or their representatives, consumer representatives, and | 6 | | such other interested persons as may be designated in this | 7 | | Compact and the bylaws; | 8 | | 16. Provide and receive information from, and | 9 | | cooperate with, law enforcement agencies; | 10 | | 17. Establish and elect an Executive Committee; and | 11 | | 18. Perform such other functions as may be necessary | 12 | | or appropriate to achieve the purposes of this Compact | 13 | | consistent with the State regulation of Professional | 14 | | Counseling licensure and practice. | 15 | | D. The Executive Committee | 16 | | 1. The Executive Committee shall have the power to act | 17 | | on behalf of the Commission according to the terms of this | 18 | | Compact. | 19 | | 2. The Executive Committee shall be composed of up to | 20 | | 11 members: | 21 | | a. Seven voting members who are elected by the | 22 | | Commission from the current membership of the | 23 | | Commission; and | 24 | | b. Up to 4 ex officio, nonvoting members from 4 | 25 | | recognized national professional counselor | 26 | | organizations. |
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| 1 | | c. The ex officio members will be selected by | 2 | | their respective organizations. | 3 | | 3. The Commission may remove any member of the | 4 | | Executive Committee as provided in bylaws. | 5 | | 4. The Executive Committee shall meet at least | 6 | | annually. | 7 | | 5. The Executive Committee shall have the following | 8 | | duties and responsibilities: | 9 | | a. Recommend to the entire Commission changes to | 10 | | the Rules or bylaws, changes to this Compact | 11 | | legislation, fees paid by Compact Member States such | 12 | | as annual dues, and any Commission Compact fee charged | 13 | | to Licensees for the Privilege to Practice; | 14 | | b. Ensure Compact administration services are | 15 | | appropriately provided, contractual or otherwise; | 16 | | c. Prepare and recommend the budget; | 17 | | d. Maintain financial records on behalf of the | 18 | | Commission; | 19 | | e. Monitor Compact compliance of Member States and | 20 | | provide compliance reports to the Commission; | 21 | | f. Establish additional committees as necessary; | 22 | | and | 23 | | g. Perform other duties as provided in Rules or | 24 | | bylaws. | 25 | | E. Meetings of the Commission | 26 | | 1. All meetings shall be open to the public, and |
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| 1 | | public notice of meetings shall be given in the same | 2 | | manner as required under the Rulemaking provisions in | 3 | | Section 11. | 4 | | 2. The Commission or the Executive Committee or other | 5 | | committees of the Commission may convene in a closed, | 6 | | nonpublic meeting if the Commission or Executive Committee | 7 | | or other committees of the Commission must discuss: | 8 | | a. Noncompliance of a Member State with its | 9 | | obligations under the Compact; | 10 | | b. The employment, compensation, discipline or | 11 | | other matters, practices or procedures related to | 12 | | specific employees or other matters related to the | 13 | | Commission's internal personnel practices and | 14 | | procedures; | 15 | | c. Current, threatened, or reasonably anticipated | 16 | | litigation; | 17 | | d. Negotiation of contracts for the purchase, | 18 | | lease, 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 | 23 | | confidential; | 24 | | g. Disclosure of information of a personal nature | 25 | | where disclosure would constitute a clearly | 26 | | unwarranted invasion of personal privacy; |
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| 1 | | h. Disclosure of investigative records compiled | 2 | | for law enforcement purposes; | 3 | | i. Disclosure of information related to any | 4 | | investigative reports prepared by or on behalf of or | 5 | | for use of the Commission or other committee charged | 6 | | with responsibility of investigation or determination | 7 | | of compliance issues pursuant to the Compact; or | 8 | | j. Matters specifically exempted from disclosure | 9 | | by federal or Member State statute. | 10 | | 3. If a meeting, or portion of a meeting, is closed | 11 | | pursuant to this provision, the Commission's legal counsel | 12 | | or designee shall certify that the meeting may be closed | 13 | | and shall reference each relevant exempting provision. | 14 | | 4. The Commission shall keep minutes that fully and | 15 | | clearly describe all matters discussed in a meeting and | 16 | | shall provide a full and accurate summary of actions | 17 | | taken, and the reasons therefor, including a description | 18 | | of the views expressed. All documents considered in | 19 | | connection with an action shall be identified in such | 20 | | minutes. All minutes and documents of a closed meeting | 21 | | shall remain under seal, subject to release by a majority | 22 | | vote of the Commission or order of a court of competent | 23 | | jurisdiction. | 24 | | F. Financing of the Commission | 25 | | 1. The Commission shall pay, or provide for the | 26 | | payment of, the reasonable expenses of its establishment, |
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| 1 | | organization, and ongoing activities. | 2 | | 2. The Commission may accept any and all appropriate | 3 | | revenue sources, donations, and grants of money, | 4 | | equipment, supplies, materials, and services. | 5 | | 3. The Commission may levy on and collect an annual | 6 | | assessment from each Member State or impose fees on other | 7 | | parties to cover the cost of the operations and activities | 8 | | of the Commission and its staff, which must be in a total | 9 | | amount sufficient to cover its annual budget as approved | 10 | | each year for which revenue is not provided by other | 11 | | sources. The aggregate annual assessment amount shall be | 12 | | allocated based upon a formula to be determined by the | 13 | | Commission, which shall promulgate a Rule binding upon all | 14 | | Member States. | 15 | | 4. The Commission shall not incur obligations of any | 16 | | kind prior to securing the funds adequate to meet the | 17 | | same; nor shall the Commission pledge the credit of any of | 18 | | the Member States, except by and with the authority of the | 19 | | Member State. | 20 | | 5. The Commission shall keep accurate accounts of all | 21 | | receipts and disbursements. The receipts and disbursements | 22 | | of the Commission shall be subject to the audit and | 23 | | accounting procedures established under its bylaws. | 24 | | However, all receipts and disbursements of funds handled | 25 | | by the Commission shall be audited yearly by a certified | 26 | | or licensed public accountant, and the report of the audit |
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| 1 | | shall be included in and become part of the annual report | 2 | | of the Commission. | 3 | | G. Qualified Immunity, Defense, and Indemnification | 4 | | 1. The members, officers, executive director, | 5 | | employees and representatives of the Commission shall be | 6 | | immune from suit and liability, either personally or in | 7 | | their official capacity, for any claim for damage to or | 8 | | loss of property or personal injury or other civil | 9 | | liability caused by or arising out of any actual or | 10 | | alleged act, error or omission that occurred, or that the | 11 | | person against whom the claim is made had a reasonable | 12 | | basis for believing occurred within the scope of | 13 | | Commission employment, duties or responsibilities; | 14 | | provided that nothing in this paragraph shall be construed | 15 | | to protect any such person from suit or liability for any | 16 | | damage, loss, injury, or liability caused by the | 17 | | intentional, willful, or wanton misconduct of that person. | 18 | | 2. The Commission shall defend any member, officer, | 19 | | executive director, employee or representative of the | 20 | | Commission in any civil action seeking to impose liability | 21 | | arising out of any actual or alleged act, error, or | 22 | | omission that occurred within the scope of Commission | 23 | | employment, duties, or responsibilities, or that the | 24 | | person against whom the claim is made had a reasonable | 25 | | basis for believing occurred within the scope of | 26 | | Commission employment, duties, or responsibilities; |
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| 1 | | provided that nothing herein shall be construed to | 2 | | prohibit that person from retaining his or her own | 3 | | counsel; and provided further, that the actual or alleged | 4 | | act, error, or omission did not result from that person's | 5 | | intentional, willful, or wanton misconduct. | 6 | | 3. The Commission shall indemnify and hold harmless | 7 | | any member, officer, executive director, employee, or | 8 | | representative of the Commission for the amount of any | 9 | | settlement or judgment obtained against that person | 10 | | arising out of any actual or alleged act, error, or | 11 | | omission that occurred within the scope of Commission | 12 | | employment, duties, or responsibilities, or that such | 13 | | person had a reasonable basis for believing occurred | 14 | | within the scope of Commission employment, duties, or | 15 | | responsibilities, provided that the actual or alleged act, | 16 | | error, or omission did not result from the intentional, | 17 | | willful, or wanton misconduct of that person. | 18 | | SECTION 10. DATA SYSTEM | 19 | | A. The Commission shall provide for the development, | 20 | | maintenance, operation, and utilization of a coordinated | 21 | | database and reporting system containing licensure, Adverse | 22 | | Action, and Investigative Information on all licensed | 23 | | individuals in Member States. | 24 | | B. Notwithstanding any other provision of State law to the | 25 | | contrary, a Member State shall submit a uniform data set to the |
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| 1 | | Data System on all individuals to whom this Compact is | 2 | | applicable, as required by the Rules of the Commission, | 3 | | including: | 4 | | 1. Identifying information; | 5 | | 2. Licensure data; | 6 | | 3. Adverse Actions against a license or Privilege to | 7 | | Practice; | 8 | | 4. Non-confidential information related to Alternative | 9 | | Program participation; | 10 | | 5. Any denial of application for licensure, and the | 11 | | reason(s) for such denial; | 12 | | 6. Current Significant Investigative Information; and | 13 | | 7. Other information that may facilitate the | 14 | | administration of this Compact, as determined by the Rules | 15 | | of the Commission. | 16 | | C. Investigative Information pertaining to a Licensee in | 17 | | any Member State will only be available to other Member | 18 | | States. | 19 | | D. The Commission shall promptly notify all Member States | 20 | | of any Adverse Action taken against a Licensee or an | 21 | | individual applying for a license. Adverse Action information | 22 | | pertaining to a Licensee in any Member State will be available | 23 | | to any other Member State. | 24 | | E. Member States contributing information to the Data | 25 | | System may designate information that may not be shared with | 26 | | the public without the express permission of the contributing |
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| 1 | | State. | 2 | | F. Any information submitted to the Data System that is | 3 | | subsequently required to be expunged by the laws of the Member | 4 | | State contributing the information shall be removed from the | 5 | | Data System. | 6 | | SECTION 11. RULEMAKING | 7 | | A. The Commission shall promulgate reasonable Rules in | 8 | | order to effectively and efficiently achieve the purpose of | 9 | | the Compact. Notwithstanding the foregoing, in the event the | 10 | | Commission exercises its Rulemaking authority in a manner that | 11 | | is beyond the scope of the purposes of the Compact, or the | 12 | | powers granted hereunder, then such an action by the | 13 | | Commission shall be invalid and have no force or effect. | 14 | | B. The Commission shall exercise its Rulemaking powers | 15 | | pursuant to the criteria set forth in this Section and the | 16 | | Rules adopted thereunder. Rules and amendments shall become | 17 | | binding as of the date specified in each Rule or amendment. | 18 | | C. If a majority of the legislatures of the Member States | 19 | | rejects a Rule, by enactment of a statute or resolution in the | 20 | | same manner used to adopt the Compact within 4 years of the | 21 | | date of adoption of the Rule, then such Rule shall have no | 22 | | further force and effect in any Member State. | 23 | | D. Rules or amendments to the Rules shall be adopted at a | 24 | | regular or special meeting of the Commission. | 25 | | E. Prior to promulgation and adoption of a final Rule or |
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| 1 | | Rules by the Commission, and at least 30 days in advance of the | 2 | | meeting at which the Rule will be considered and voted upon, | 3 | | the Commission shall file a Notice of Proposed Rulemaking: | 4 | | 1. On the website of the Commission or other publicly | 5 | | accessible platform; and | 6 | | 2. On the website of each Member State Professional | 7 | | Counseling Licensing Board or other publicly accessible | 8 | | platform or the publication in which each State would | 9 | | otherwise publish proposed Rules. | 10 | | F. The Notice of Proposed Rulemaking shall include: | 11 | | 1. The proposed time, date, and location of the | 12 | | meeting in which the Rule will be considered and voted | 13 | | upon; | 14 | | 2. The text of the proposed Rule or amendment and the | 15 | | reason for the proposed Rule; | 16 | | 3. A request for comments on the proposed Rule from | 17 | | any interested person; and | 18 | | 4. The manner in which interested persons may submit | 19 | | notice to the Commission of their intention to attend the | 20 | | public hearing and any written comments. | 21 | | G. Prior to adoption of a proposed Rule, the Commission | 22 | | shall allow persons to submit written data, facts, opinions, | 23 | | and arguments, which shall be made available to the public. | 24 | | H. The Commission shall grant an opportunity for a public | 25 | | hearing before it adopts a Rule or amendment if a hearing is | 26 | | requested by: |
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| 1 | | 1. At least 25 persons; | 2 | | 2. A State or federal governmental subdivision or | 3 | | agency; or | 4 | | 3. An association having at least 25 members. | 5 | | I. If a hearing is held on the proposed Rule or amendment, | 6 | | the Commission shall publish the place, time, and date of the | 7 | | scheduled public hearing. If the hearing is held via | 8 | | electronic means, the Commission shall publish the mechanism | 9 | | for access to the electronic hearing. | 10 | | 1. All persons wishing to be heard at the hearing | 11 | | shall notify the executive director of the Commission or | 12 | | other designated member in writing of their desire to | 13 | | appear and testify at the hearing not less than 5 business | 14 | | days before the scheduled date of the hearing. | 15 | | 2. Hearings shall be conducted in a manner providing | 16 | | each person who wishes to comment a fair and reasonable | 17 | | opportunity to comment orally or in writing. | 18 | | 3. All hearings will be recorded. A copy of the | 19 | | recording will be made available on request. | 20 | | 4. Nothing in this section shall be construed as | 21 | | requiring a separate hearing on each Rule. Rules may be | 22 | | grouped for the convenience of the Commission at hearings | 23 | | required by this section. | 24 | | J. Following the scheduled hearing date, or by the close | 25 | | of business on the scheduled hearing date if the hearing was | 26 | | not held, the Commission shall consider all written and oral |
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| 1 | | comments received. | 2 | | K. If no written notice of intent to attend the public | 3 | | hearing by interested parties is received, the Commission may | 4 | | proceed with promulgation of the proposed Rule without a | 5 | | public hearing. | 6 | | L. The Commission shall, by majority vote of all members, | 7 | | take final action on the proposed Rule and shall determine the | 8 | | effective date of the Rule, if any, based on the Rulemaking | 9 | | record and the full text of the Rule. | 10 | | M. Upon determination that an emergency exists, the | 11 | | Commission may consider and adopt an emergency Rule without | 12 | | prior notice, opportunity for comment, or hearing, provided | 13 | | that the usual Rulemaking procedures provided in the Compact | 14 | | and in this section shall be retroactively applied to the Rule | 15 | | as soon as reasonably possible, in no event later than 90 days | 16 | | after the effective date of the Rule. For the purposes of this | 17 | | provision, an emergency Rule is one that must be adopted | 18 | | immediately in order to: | 19 | | 1. Meet an imminent threat to public health, safety, | 20 | | or welfare; | 21 | | 2. Prevent a loss of Commission or Member State funds; | 22 | | 3. Meet a deadline for the promulgation of an | 23 | | administrative Rule that is established by federal law or | 24 | | Rule; or | 25 | | 4. Protect public health and safety. | 26 | | N. The Commission or an authorized committee of the |
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| 1 | | Commission may direct revisions to a previously adopted Rule | 2 | | or amendment for purposes of correcting typographical errors, | 3 | | errors in format, errors in consistency, or grammatical | 4 | | errors. Public notice of any revision shall be posted on the | 5 | | website of the Commission. The revision shall be subject to | 6 | | challenge by any person for a period of 30 days after posting. | 7 | | The revision may be challenged only on grounds that the | 8 | | revision results in a material change to a Rule. A challenge | 9 | | shall be made in writing and delivered to the chair of the | 10 | | Commission prior to the end of the notice period. If no | 11 | | challenge is made, the revision will take effect without | 12 | | further action. If the revision is challenged, the revision | 13 | | may not take effect without the approval of the Commission. | 14 | | SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT | 15 | | A. Oversight | 16 | | 1. The executive, legislative, and judicial branches | 17 | | of State government in each Member State shall enforce | 18 | | this Compact and take all actions necessary and | 19 | | appropriate to effectuate the Compact's purposes and | 20 | | intent. The provisions of this Compact and the Rules | 21 | | promulgated hereunder shall have standing as statutory | 22 | | law. | 23 | | 2. All courts shall take judicial notice of the | 24 | | Compact and the Rules in any judicial or administrative | 25 | | proceeding in a Member State pertaining to the subject |
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| 1 | | matter of this Compact which may affect the powers, | 2 | | responsibilities, or actions of the Commission. | 3 | | 3. The Commission shall be entitled to receive service | 4 | | of process in any such proceeding and shall have standing | 5 | | to intervene in such a proceeding for all purposes. | 6 | | Failure to provide service of process to the Commission | 7 | | shall render a judgment or order void as to the | 8 | | Commission, this Compact, or promulgated Rules. | 9 | | B. Default, Technical Assistance, and Termination | 10 | | 1. If the Commission determines that a Member State | 11 | | has defaulted in the performance of its obligations or | 12 | | responsibilities under this Compact or the promulgated | 13 | | Rules, the Commission shall: | 14 | | a. Provide written notice to the defaulting State | 15 | | and other Member States of the nature of the default, | 16 | | the proposed means of curing the default or any other | 17 | | action to be taken by the Commission; and | 18 | | b. Provide remedial training and specific | 19 | | technical assistance regarding the default. | 20 | | C. If a Member State in default fails to cure the default, | 21 | | the defaulting Member State may be terminated from the Compact | 22 | | upon an affirmative vote of a majority of the Member States, | 23 | | and all rights, privileges and benefits conferred by this | 24 | | Compact may be terminated on the effective date of | 25 | | termination. A cure of the default does not relieve the | 26 | | offending Member State of obligations or liabilities incurred |
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| 1 | | during the period of default. | 2 | | D. Termination of membership in the Compact shall be | 3 | | imposed only after all other means of securing compliance have | 4 | | been exhausted. Notice of intent to suspend or terminate shall | 5 | | be given by the Commission to the governor, the majority and | 6 | | minority leaders of the defaulting State's legislature, and | 7 | | each of the Member States. | 8 | | E. A Member State that has been terminated is responsible | 9 | | for all assessments, obligations, and liabilities incurred | 10 | | through the effective date of termination, including | 11 | | obligations that extend beyond the effective date of | 12 | | termination. | 13 | | F. The Commission shall not bear any costs related to a | 14 | | Member State that is found to be in default or that has been | 15 | | terminated from the Compact, unless agreed upon in writing | 16 | | between the Commission and the defaulting Member State. | 17 | | G. The defaulting Member State may appeal the action of | 18 | | the Commission by petitioning the U.S. District Court for the | 19 | | District of Columbia or the federal district where the | 20 | | Commission has its principal offices. The prevailing Member | 21 | | State shall be awarded all costs of such litigation, including | 22 | | reasonable attorney's fees. | 23 | | H. Dispute Resolution | 24 | | 1. Upon request by a Member State, the Commission | 25 | | shall attempt to resolve disputes related to the Compact | 26 | | that arise among Member States and between Member and |
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| 1 | | non-Member States. | 2 | | 2. The Commission shall promulgate a Rule providing | 3 | | for both mediation and binding dispute resolution for | 4 | | disputes as appropriate. | 5 | | I. Enforcement | 6 | | 1. The Commission, in the reasonable exercise of its | 7 | | discretion, shall enforce the provisions and Rules of this | 8 | | Compact. | 9 | | 2. By majority vote, the Commission may initiate legal | 10 | | action in the United States District Court for the | 11 | | District of Columbia or the federal district where the | 12 | | Commission has its principal offices against a Member | 13 | | State in default to enforce compliance with the provisions | 14 | | of the Compact and its promulgated Rules and bylaws. The | 15 | | relief sought may include both injunctive relief and | 16 | | damages. In the event judicial enforcement is necessary, | 17 | | the prevailing member shall be awarded all costs of such | 18 | | litigation, including reasonable attorney's fees. | 19 | | 3. The remedies herein shall not be the exclusive | 20 | | remedies of the Commission. The Commission may pursue any | 21 | | other remedies available under federal or State law. | 22 | | SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING | 23 | | COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND | 24 | | AMENDMENT | 25 | | A. The Compact shall come into effect on the date on which |
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| 1 | | the Compact statute is enacted into law in the tenth Member | 2 | | State. The provisions, which become effective at that time, | 3 | | shall be limited to the powers granted to the Commission | 4 | | relating to assembly and the promulgation of Rules. | 5 | | Thereafter, the Commission shall meet and exercise Rulemaking | 6 | | powers necessary to the implementation and administration of | 7 | | the Compact. | 8 | | B. Any State that joins the Compact subsequent to the | 9 | | Commission's initial adoption of the Rules shall be subject to | 10 | | the Rules as they exist on the date on which the Compact | 11 | | becomes law in that State. Any Rule that has been previously | 12 | | adopted by the Commission shall have the full force and effect | 13 | | of law on the day the Compact becomes law in that State. | 14 | | C. Any Member State may withdraw from this Compact by | 15 | | enacting a statute repealing the same. | 16 | | 1. A Member State's withdrawal shall not take effect | 17 | | until 6 months after enactment of the repealing statute. | 18 | | 2. Withdrawal shall not affect the continuing | 19 | | requirement of the withdrawing State's Professional | 20 | | Counseling Licensing Board to comply with the | 21 | | investigative and Adverse Action reporting requirements of | 22 | | this Compact prior to the effective date of withdrawal. | 23 | | D. Nothing contained in this Compact shall be construed to | 24 | | invalidate or prevent any Professional Counseling licensure | 25 | | agreement or other cooperative arrangement between a Member | 26 | | State and a non-Member State that does not conflict with the |
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| 1 | | provisions of this Compact. | 2 | | E. This Compact may be amended by the Member States. No | 3 | | amendment to this Compact shall become effective and binding | 4 | | upon any Member State until it is enacted into the laws of all | 5 | | Member States. | 6 | | SECTION 14. CONSTRUCTION AND SEVERABILITY | 7 | | This Compact shall be liberally construed so as to | 8 | | effectuate the purposes thereof. The provisions of this | 9 | | Compact shall be severable and if any phrase, clause, sentence | 10 | | or provision of this Compact is declared to be contrary to the | 11 | | constitution of any Member State or of the United States or the | 12 | | applicability thereof to any government, agency, person or | 13 | | circumstance is held invalid, the validity of the remainder of | 14 | | this Compact and the applicability thereof to any government, | 15 | | agency, person or circumstance shall not be affected thereby. | 16 | | If this Compact shall be held contrary to the constitution of | 17 | | any Member State, the Compact shall remain in full force and | 18 | | effect as to the remaining Member States and in full force and | 19 | | effect as to the Member State affected as to all severable | 20 | | matters. | 21 | | SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS | 22 | | A. A Licensee providing Professional Counseling services | 23 | | in a Remote State under the Privilege to Practice shall adhere | 24 | | to the laws and regulations, including scope of practice, of |
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| 1 | | the Remote State. | 2 | | B. Nothing herein prevents the enforcement of any other | 3 | | law of a Member State that is not inconsistent with the | 4 | | Compact. | 5 | | C. Any laws in a Member State in conflict with the Compact | 6 | | are superseded to the extent of the conflict. | 7 | | D. Any lawful actions of the Commission, including all | 8 | | Rules and bylaws properly promulgated by the Commission, are | 9 | | binding upon the Member States. | 10 | | E. All permissible agreements between the Commission and | 11 | | the Member States are binding in accordance with their terms. | 12 | | F. In the event any provision of the Compact exceeds the | 13 | | constitutional limits imposed on the legislature of any Member | 14 | | State, the provision shall be ineffective to the extent of the | 15 | | conflict with the constitutional provision in question in that | 16 | | Member State. | 17 | | Section 90. The Professional Counselor and Clinical | 18 | | Professional Counselor
Licensing and Practice Act is amended | 19 | | by adding Section 12 as follows: | 20 | | (225 ILCS 107/12 new) | 21 | | Sec. 12. Counseling Compact. | 22 | | (a) No later than 2 months after this Section's effective | 23 | | date under this amendatory Act of the 103rd General Assembly, | 24 | | the Board must submit a report to the General Assembly with |
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| 1 | | recommendations of any statutory changes and budgetary changes | 2 | | needed to comply with the requirements of the Counseling | 3 | | Compact that will be entered into pursuant to the Counseling | 4 | | Compact Act. | 5 | | (b) No later than 6 months after this Section's effective | 6 | | date under this amendatory Act of the 103rd General Assembly, | 7 | | the Board and the Department shall modify, if needed, the | 8 | | Board's and the Department's rules to comply with the | 9 | | requirements of the Counseling Compact that will be entered | 10 | | into pursuant to the Counseling Compact Act.
| 11 | | Section 99. Effective date. This Section and Section 90 | 12 | | take effect upon becoming law.
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