HB 32

                                1  HOUSE BILL 32
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Marian Matthews and Jenifer Jones and Nicole Chavez
                                5  and Elaine Sena Cortez and Catherine J. Cullen
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO PROFESSIONAL LICENSURE; ENACTING THE COUNSELING
                                12   COMPACT.
                                13
                                14   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                15        SECTION 1.    [NEW MATERIAL] COUNSELING COMPACT ENTERED
                                16   INTO.--The Counseling Compact is entered into law and entered
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                                17   into with all other jurisdictions legally joining therein in a
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                                18   form substantially as follows:
                                19  "Counseling Compact
                                20  SECTION 1 -- PURPOSE
                                21        The purpose of this compact is to facilitate the
                                22   interstate practice of licensed professional counselors with
                                23   the goal of improving public access to professional counseling
                                24   services.    The practice of professional counseling occurs in
                                25   the state where the client is located at the time of the
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                                1    counseling services.    The compact preserves the regulatory
                                2    authority of states to protect public health and safety through
                                3    the current system of state licensure.
                                4  This compact is designed to achieve the following
                                5    objectives:
                                6  A.   increase public access to professional
                                7    counseling services by providing for the mutual recognition of
                                8    other member state licenses;
                                9  B.   enhance the states' ability to protect the
                                10   public's health and safety;
                                11  C.   encourage the cooperation of member states in
                                12   regulating multistate practice for licensed professional
                                13   counselors;
                                14  D.   support spouses of relocating active duty
                                15   military personnel;
                                16  E.   enhance the exchange of licensure, investigative
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                                17   and disciplinary information among member states;
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                                18  F.   allow for the use of telehealth technology to
                                19   facilitate increased access to professional counseling
                                20   services;
                                21  G.   support the uniformity of professional
                                22   counseling licensure requirements throughout the states to
                                23   promote public safety and public health benefits;
                                24  H.   invest all member states with the authority to
                                25   hold a licensed professional counselor accountable for meeting
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                                1    all state practice laws in the state in which the client is
                                2    located at the time care is rendered through the mutual
                                3    recognition of member state licenses;
                                4  I.   eliminate the necessity for licenses in multiple
                                5    states; and
                                6  J.   provide opportunities for interstate practice by
                                7    licensed professional counselors who meet uniform licensure
                                8    requirements.
                                9  SECTION 2 -- DEFINITIONS
                                10        As used in this compact, and except as otherwise provided,
                                11   the following definitions shall apply:
                                12  A.   "active duty military" means full-time duty
                                13   status in the active uniformed service of the United States,
                                14   including members of the national guard and reserve on active
                                15   duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211;
                                16  B.   "adverse action" means any administrative,
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                                17   civil, equitable or criminal action permitted by a state's laws
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                                18   that is imposed by a licensing board or other authority against
                                19   a licensed professional counselor, including actions against an
                                20   individual's license or privilege to practice such as
                                21   revocation, suspension, probation, monitoring of the licensee,
                                22   limitation on the licensee's practice, or any other encumbrance
                                23   on licensure affecting a licensed professional counselor's
                                24   authorization to practice, including issuance of a cease and
                                25   desist action;
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                                1  C.   "alternative program" means a non-disciplinary
                                2    monitoring or practice remediation process approved by a
                                3    licensing board to address impaired practitioners;
                                4  D.   "continuing competence or education" means a
                                5    requirement, as a condition of license renewal, to provide
                                6    evidence of participation in, or completion of, educational and
                                7    professional activities relevant to practice or area of work;
                                8  E.   "counseling compact commission" or "commission"
                                9    means the national administrative body whose membership
                                10   consists of all states that have enacted the compact;
                                11  F.   "current significant investigative information"
                                12   means:
                                13  (1)   investigative information that a licensing
                                14   board, after a preliminary inquiry that includes notification
                                15   and an opportunity for the licensed professional counselor to
                                16   respond, if required by state law, has reason to believe is not
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                                17   groundless and, if proved true, would indicate more than a
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                                18   minor infraction; or
                                19  (2)   investigative information that indicates
                                20   that the licensed professional counselor represents an
                                21   immediate threat to public health and safety regardless of
                                22   whether the licensed professional counselor has been notified
                                23   and had an opportunity to respond;
                                24  G.   "data system" means a repository of information
                                25   about licensees, including continuing education, examination,
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                                1    licensure, investigative, privilege to practice and adverse
                                2    action information;
                                3  H.   "encumbered license" means a license in which an
                                4    adverse action restricts the practice of licensed professional
                                5    counseling by the licensee and the adverse action has been
                                6    reported to the national practitioner data bank;
                                7  I.   "encumbrance" means a revocation or suspension
                                8    of, or any limitation on, the full and unrestricted practice of
                                9    licensed professional counseling by a licensing board;
                                10  J.   "executive committee" means a group of directors
                                11   elected or appointed to act on behalf of, and within the powers
                                12   granted to them by, the commission;
                                13  K.   "home state" means the member state that is the
                                14   licensee's primary state of residence;
                                15  L.   "impaired practitioner" means an individual who
                                16   has a condition that may impair the person's ability to
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                                17   practice as a licensed professional counselor without some type
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                                18   of intervention and may include alcohol or drug dependence,
                                19   mental health impairment or neurological or physical
                                20   impairments;
                                21  M.   "investigative information" means information,
                                22   records or documents received or generated by a licensing board
                                23   pursuant to an investigation;
                                24  N.   "jurisprudence requirement", if required by a
                                25   member state, means the assessment of an individual's knowledge
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                                1    of the laws and rules governing the practice of professional
                                2    counseling in a state;
                                3  O.   "licensed professional counselor" means a
                                4    counselor licensed by a member state, regardless of the title
                                5    used by that state, to independently assess, diagnose and treat
                                6    behavioral health conditions;
                                7  P.   "licensee" means an individual who currently
                                8    holds an authorization from the state to practice as a licensed
                                9    professional counselor;
                                10  Q.   "licensing board" means the agency of a state,
                                11   or equivalent, that is responsible for the licensing and
                                12   regulation of licensed professional counselors;
                                13  R.   "member state" means a state that has enacted
                                14   the compact;
                                15  S.   "privilege to practice" means a legal
                                16   authorization, which is equivalent to a license, permitting the
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                                17   practice of professional counseling in a remote state;
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                                18  T.   "professional counseling" means the assessment,
                                19   diagnosis and treatment of behavioral health conditions by a
                                20   licensed professional counselor;
                                21  U.   "remote state" means a member state other than
                                22   the home state, where a licensee is exercising or seeking to
                                23   exercise the privilege to practice;
                                24  V.   "rule" means a regulation promulgated by the
                                25   commission that has the force of law;
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                                1  W.   "single state license" means a licensed
                                2    professional counselor license issued by a member state that
                                3    authorizes practice only within the issuing state and does not
                                4    include a privilege to practice in any other member state;
                                5  X.   "state" means any state, commonwealth, district
                                6    or territory of the United States that regulates the practice
                                7    of professional counseling;
                                8  Y.   "telehealth" means the application of
                                9    telecommunication technology to deliver professional counseling
                                10   services remotely to assess, diagnose and treat behavioral
                                11   health conditions; and
                                12  Z.   "unencumbered license" means a license that
                                13   authorizes a licensed professional counselor to engage in the
                                14   full and unrestricted practice of professional counseling.
                                15  SECTION 3 -- STATE PARTICIPATION IN THE COMPACT
                                16  A.   To participate in the compact, a state must
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                                17   currently:
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                                18  (1)   license and regulate licensed professional
                                19   counselors;
                                20  (2)   require licensees to pass a nationally
                                21   recognized exam approved by the commission; and
                                22  (3)   require licensees to have a sixty
                                23   semester-hour or ninety quarter-hour master's degree in
                                24   counseling or sixty semester-hours or ninety quarter-hours of
                                25   graduate course work, including the following topic areas:
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                                1  (a)   professional counseling orientation
                                2    and ethical practice;
                                3  (b)   social and cultural diversity;
                                4  (c)   human growth and development;
                                5  (d)   career development;
                                6  (e)   counseling and helping
                                7    relationships;
                                8  (f)   group counseling and group work;
                                9  (g)   diagnosis and treatment; assessment
                                10   and testing;
                                11  (h)   research and program evaluation; and
                                12  (i)   other areas as determined by the
                                13   commission;
                                14  (4)   require licensees to complete a supervised
                                15   postgraduate professional experience as defined by the
                                16   commission; and
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                                17  (5)   have a mechanism in place for receiving
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                                18   and investigating complaints about licensees.
                                19  B.   A member state shall:
                                20  (1)   participate fully in the commission's data
                                21   system, including using the commission's unique identifier as
                                22   defined in rules;
                                23  (2)   notify the commission, in compliance with
                                24   the terms of the compact and rules, of any adverse action or
                                25   the availability of investigative information regarding a
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                                1    licensee;
                                2  (3)   implement or utilize procedures for
                                3    considering the criminal history records of applicants for an
                                4    initial privilege to practice, including the submission of
                                5    fingerprints or other biometric-based information by applicants
                                6    for the purpose of obtaining an applicant's criminal history
                                7    record information from the federal bureau of investigation and
                                8    the agency responsible for retaining that state's criminal
                                9    records, including:
                                10  (a)   a criminal background check
                                11   requirement, within a time frame established by rule, by
                                12   receiving the results of the federal bureau of investigation
                                13   record search and shall use the results in making licensure
                                14   decisions; and
                                15  (b)   a requirement that communication
                                16   between a member state, the commission and among member states
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                                17   regarding the verification of eligibility for licensure through
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                                18   the compact shall not include any information received from the
                                19   federal bureau of investigation relating to a federal criminal
                                20   records check performed by a member state under Public Law
                                21   92-544;
                                22  (4)   comply with the rules of the commission;
                                23  (5)   require an applicant to obtain or retain a
                                24   license in the home state and meet the home state's
                                25   qualifications for licensure or renewal of licensure, as well
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                                1    as all other applicable state laws;
                                2  (6)   grant the privilege to practice to a
                                3    licensee holding a valid unencumbered license in another member
                                4    state in accordance with the terms of the compact and rules;
                                5    and
                                6  (7)   provide for the attendance of the state's
                                7    commissioner to the counseling compact commission meetings.
                                8  C.   Member states may charge a fee for granting the
                                9    privilege to practice.
                                10  D.   Individuals not residing in a member state shall
                                11   continue to be able to apply for a member state's single state
                                12   license as provided under the laws of each member state.
                                13   However, the single state license granted to these individuals
                                14   shall not be recognized as granting a privilege to practice
                                15   professional counseling in any other member state.
                                16  E.   Nothing in this compact shall affect the
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                                17   requirements established by a member state for the issuance of
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                                18   a single state license.
                                19  F.   A license issued to a licensed professional
                                20   counselor by a home state to a resident in that state shall be
                                21   recognized by each member state as authorizing a licensed
                                22   professional counselor to practice professional counseling,
                                23   under a privilege to practice, in each member state.
                                24  SECTION 4 -- PRIVILEGE TO PRACTICE
                                25  A.   To exercise the privilege to practice under the
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                                1    terms and provisions of the compact, the licensee shall:
                                2  (1)   hold a license in the home state;
                                3  (2)   have a valid United States social security
                                4    number or national practitioner identifier;
                                5  (3)   be eligible for a privilege to practice in
                                6    any member state in accordance with Subsections D, G and H of
                                7    this section;
                                8  (4)   have not had any encumbrance or
                                9    restriction against any license or privilege to practice within
                                10   the previous two years;
                                11  (5)   notify the commission that the licensee is
                                12   seeking the privilege to practice within a remote state;
                                13  (6)   pay any applicable fees, including any
                                14   state fee, for the privilege to practice;
                                15  (7)   meet any continuing competence or
                                16   education requirements established by the home state;
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                                17  (8)   meet any jurisprudence requirements
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                                18   established by the remote state in which the licensee is
                                19   seeking a privilege to practice; and
                                20  (9)   report to the commission any adverse
                                21   action, encumbrance or restriction on license taken by any
                                22   nonmember state within thirty days from the date the action is
                                23   taken.
                                24  B.   The privilege to practice is valid until the
                                25   expiration date of the home state license.    The licensee must
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                                1    comply with the requirements of Subsection A of this section to
                                2    maintain the privilege to practice in the remote state.
                                3  C.   A licensee providing professional counseling in
                                4    a remote state under the privilege to practice shall adhere to
                                5    the laws and regulations of the remote state.
                                6  D.   A licensee providing professional counseling
                                7    services in a remote state is subject to that state's
                                8    regulatory authority.    A remote state may, in accordance with
                                9    due process and that state's laws, remove a licensee's
                                10   privilege to practice in the remote state for a specific period
                                11   of time, impose fines or take any other necessary actions to
                                12   protect the health and safety of its citizens.    The licensee
                                13   may be ineligible for a privilege to practice in any member
                                14   state until the specific time for removal has passed and all
                                15   fines are paid.
                                16  E.   If a home state license is encumbered, the
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                                17   licensee shall lose the privilege to practice in any remote
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                                18   state until the following occur:
                                19  (1)   the home state license is no longer
                                20   encumbered; and
                                21  (2)   the licensee has not had any encumbrance
                                22   or restriction against any license or privilege to practice
                                23   within the previous two years.
                                24  F.   Once an encumbered license in the home state is
                                25   restored to good standing, the licensee shall meet the
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                                1    requirements of Subsection A of this section in order to obtain
                                2    a privilege to practice in any remote state.
                                3  G.   If a licensee's privilege to practice in any
                                4    remote state is removed, the individual may lose the privilege
                                5    to practice in all other remote states until the following
                                6    occur:
                                7  (1)   the specific period of time for which the
                                8    privilege to practice was removed has ended;
                                9  (2)   all fines have been paid; and
                                10  (3)   the licensee has not had any encumbrance
                                11   or restriction against any license or privilege to practice
                                12   within the previous two years.
                                13  H.   Once the requirements of Subsection G of this
                                14   section have been met, the licensee shall meet the requirements
                                15   in Subsection A of this section in order to obtain a privilege
                                16   to practice in a remote state.
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                                17     SECTION 5 -- OBTAINING A NEW HOME STATE LICENSE BASED ON A
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                                18  PRIVILEGE TO PRACTICE
                                19  A.   A licensed professional counselor may hold a
                                20   home state license, which allows for a privilege to practice in
                                21   other member states, in only one member state at a time.
                                22  B.   If a licensed professional counselor's primary
                                23   state of residence changes due to moving between two member
                                24   states:
                                25  (1)   the licensed professional counselor shall
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                                1    file an application for obtaining a new home state license
                                2    based on a privilege to practice; pay all applicable fees; and
                                3    notify the current and new home state in accordance with
                                4    applicable rules adopted by the commission;
                                5  (2)   upon receipt of an application for
                                6    obtaining a new home state license by virtue of a privilege to
                                7    practice, the new home state shall verify that the licensed
                                8    professional counselor meets the pertinent criteria outlined in
                                9    Section 4 of this compact via the data system, without need for
                                10   primary source verification except for:
                                11  (a)   a federal bureau of investigation
                                12   fingerprint-based criminal background check if not previously
                                13   performed or updated pursuant to applicable rules adopted by
                                14   the commission in accordance with Public Law 92-544;
                                15  (b)   other criminal background checks as
                                16   required by the new home state; and
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                                17  (c)   completion of any requisite
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                                18   jurisprudence requirements of the new home state;
                                19  (3)   the former home state shall convert the
                                20   former home state license into a privilege to practice once the
                                21   new home state has activated the new home state license in
                                22   accordance with applicable rules adopted by the commission;
                                23  (4)   notwithstanding any other provision of
                                24   this compact, if the licensed professional counselor cannot
                                25   meet the criteria established in Section 4 of this compact, the
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                                1    new home state may apply its requirements for issuing a new
                                2    single state license; and
                                3  (5)   the licensed professional counselor shall
                                4    pay all applicable fees to the new home state in order to be
                                5    issued a new home state license.
                                6  C.   If a licensed professional counselor changes
                                7    primary state of residence by moving from a member state to a
                                8    nonmember state, or from a nonmember state to a member state,
                                9    the state criteria shall apply for issuance of a single state
                                10   license in the new state.
                                11  D.   Nothing in this compact shall interfere with a
                                12   licensee's ability to hold a single state license in multiple
                                13   states; however, for the purposes of this compact, a licensee
                                14   shall have only one home state license.
                                15  E.   Nothing in this compact shall affect the
                                16   requirements established by a member state for the issuance of
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                                17   a single state license.
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                                18     SECTION 6 -- ACTIVE DUTY MILITARY MEMBERS OR THEIR SPOUSES
                                19        An active duty military member, or the member's spouse,
                                20   shall designate a home state where the member or member's
                                21   spouse has a current license in good standing.    The member or
                                22   member's spouse may retain the home state designation during
                                23   the period the member is on active duty.    Subsequent to
                                24   designating a home state, the member or member's spouse shall
                                25   only change the member's or member's spouse's home state
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                                1    through application for licensure in the new state, or through
                                2    the process outlined in Section 5 of this compact.
                                3  SECTION 7 -- COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
                                4  A.   Member states shall recognize the right of a
                                5    licensed professional counselor, licensed by a home state in
                                6    accordance with Section 3 of this compact and under rules
                                7    promulgated by the commission, to practice professional
                                8    counseling in any member state via telehealth under a privilege
                                9    to practice as provided in the compact and rules promulgated by
                                10   the commission.
                                11  B.   A licensee providing professional counseling
                                12   services in a remote state under the privilege to practice
                                13   shall adhere to the laws and regulations of the remote state.
                                14  SECTION 8 -- ADVERSE ACTIONS
                                15  A.   In addition to the other powers conferred by
                                16   state law:
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                                17  (1)   a remote state shall have the authority,
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                                18   in accordance with existing state due process law, to take
                                19   adverse action against a licensed professional counselor's
                                20   privilege to practice within that member state;
                                21  (2)   a remote state shall have the authority,
                                22   in accordance with existing state due process law, to issue
                                23   subpoenas for both hearings and investigations that require the
                                24   attendance and testimony of witnesses as well as the production
                                25   of evidence.      Subpoenas issued by a licensing board in a member
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                                1    state for the attendance and testimony of witnesses or the
                                2    production of evidence from another member state shall be
                                3    enforced in the latter state by any court of competent
                                4    jurisdiction, according to the practice and procedure of that
                                5    court applicable to subpoenas issued in proceedings pending
                                6    before it.    The issuing authority shall pay any witness fees,
                                7    travel expenses, mileage and other fees required by the service
                                8    statutes of the state in which the witnesses or evidence is
                                9    located; and
                                10  (3)   the home state shall have the sole power
                                11   to take adverse action against a licensed professional
                                12   counselor's license issued by the home state.
                                13  B.   For purposes of taking adverse action, the home
                                14   state shall give the same priority and effect to reported
                                15   conduct received from a member state as it would if the conduct
                                16   had occurred within the home state.       In so doing, the home
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                                17   state shall apply its own state laws to determine appropriate
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                                18   action.
                                19  C.   The home state shall complete any pending
                                20   investigations of a licensed professional counselor who changes
                                21   the primary state of residence during the course of the
                                22   investigations.     The home state shall also have the authority
                                23   to take appropriate action and shall promptly report the
                                24   conclusions of the investigations to the administrator of the
                                25   data system.      The administrator of the coordinated licensure
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                                1    information system shall promptly notify the new home state of
                                2    any adverse actions.
                                3  D.   A member state, if otherwise permitted by state
                                4    law, may recover from the affected licensed professional
                                5    counselor the costs of investigations and dispositions of cases
                                6    resulting from any adverse action taken against that licensed
                                7    professional counselor.
                                8  E.   A member state may take adverse action based on
                                9    the factual findings of the remote state; provided that the
                                10   member state follows its own procedures for taking the adverse
                                11   action.
                                12  F.   Joint investigations shall be conducted as
                                13   follows:
                                14  (1)   in addition to the authority granted to a
                                15   member state by its respective professional counseling practice
                                16   act or other applicable state law, any member state may
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                                17   participate with other member states in joint investigations of
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                                18   licensees; and
                                19  (2)   member states shall share any
                                20   investigative, litigation or compliance materials in
                                21   furtherance of any joint or individual investigation initiated
                                22   under the compact.
                                23  G.   If adverse action is taken by the home state
                                24   against the license of a licensed professional counselor, the
                                25   licensed professional counselor's privilege to practice in all
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                                1    other member states shall be deactivated until all encumbrances
                                2    have been removed from the state license.    All home state
                                3    disciplinary orders that impose adverse action against the
                                4    license of a licensed professional counselor shall include a
                                5    statement that the licensed professional counselor's privilege
                                6    to practice is deactivated in all member states during the
                                7    pendency of the order.
                                8  H.   If a member state takes adverse action, it shall
                                9    promptly notify the administrator of the data system.    The
                                10   administrator of the data system shall promptly notify the home
                                11   state of any adverse actions by remote states.
                                12  I.   Nothing in this compact shall override a member
                                13   state's decision that participation in an alternative program
                                14   may be used in lieu of adverse action.
                                15     SECTION 9 -- ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
                                16  A.   The compact member states shall create and
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                                17   establish a joint public agency known as the "counseling
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                                18   compact commission" as follows:
                                19  (1)   the counseling compact commission shall be
                                20   an instrumentality of the compact states;
                                21  (2)   venue is proper and judicial proceedings
                                22   by or 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 counseling
                                25   compact commission may waive venue and jurisdictional defenses
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                                1    to the extent it adopts or consents to participate in
                                2    alternative dispute resolution proceedings; and
                                3  (3)   nothing in this compact shall be construed
                                4    to be a waiver of sovereign immunity.
                                5  B.   Membership, voting and meetings shall be
                                6    conducted as follows:
                                7  (1)   each member state shall have one delegate
                                8    selected by that member state's licensing board;
                                9  (2)   a delegate shall be:
                                10  (a)   a current member of the licensing
                                11   board at the time of appointment, who is a licensed
                                12   professional counselor or public member; or
                                13  (b)   an administrator of the licensing
                                14   board;
                                15  (3)   a delegate may be removed or suspended
                                16   from office as provided by the law of the state from which the
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                                17   delegate is appointed;
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                                18  (4)   a vacancy occurring on the commission
                                19   shall be filled by the member state licensing board within
                                20   sixty days;
                                21  (5)   a delegate shall be entitled to one vote
                                22   with regard to the promulgation of rules and creation of bylaws
                                23   and have an opportunity to participate in the business and
                                24   affairs of the commission;
                                25  (6)   a delegate shall vote in person or by
                                     .232922.1
                                                                    - 20 -
                                1    other means as provided in the bylaws, including participation
                                2    in meetings by telephone or other means of communication;
                                3  (7)   the commission shall meet at least once
                                4    during each calendar year, with additional meetings to be held
                                5    as set forth in the bylaws; and
                                6  (8)   the commission shall by rule establish a
                                7    term of office for delegates and may by rule establish term
                                8    limits.
                                9  C.   The commission shall have the following powers
                                10   and duties:
                                11  (1)   establish the fiscal year of the
                                12   commission;
                                13  (2)   establish bylaws;
                                14  (3)   maintain its financial records in
                                15   accordance with the bylaws;
                                16  (4)   meet and take such actions as are
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                                17   consistent with the provisions of this compact and the bylaws;
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                                18  (5)   promulgate rules, which shall be binding
                                19   to the extent and in the manner provided for in the compact;
                                20  (6)   bring and prosecute legal proceedings or
                                21   actions in the name of the commission; provided that the
                                22   standing of any licensing board to sue or be sued under
                                23   applicable law shall not be affected;
                                24  (7)   purchase and maintain insurance and bonds;
                                25  (8)   borrow, accept or contract for services of
                                     .232922.1
                                                                    - 21 -
                                1    personnel, including employees of a member state;
                                2  (9)    hire employees; elect or appoint officers;
                                3    fix compensation; define duties; grant such individuals
                                4    appropriate authority to carry out the purposes of the compact;
                                5    and establish the commission's personnel policies and programs
                                6    relating to conflicts of interest, qualifications of personnel
                                7    and other related personnel matters;
                                8  (10)   accept any and all appropriate donations
                                9    and grants of money, equipment, supplies, materials and
                                10   services and receive, utilize and dispose of the same; provided
                                11   that at all times the commission shall avoid any appearance of
                                12   impropriety or conflict of interest;
                                13  (11)   lease, purchase, accept appropriate gifts
                                14   or donations of, or otherwise own, hold, improve or use, any
                                15   property, real, personal or mixed; provided that at all times
                                16   the commission shall avoid any appearance of impropriety;
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                                17  (12)   sell, convey, mortgage, pledge, lease,
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                                18   exchange, abandon or otherwise dispose of any property, real,
                                19   personal or mixed;
                                20  (13)   establish a budget and make expenditures;
                                21  (14)   borrow money;
                                22  (15)   appoint committees, including standing
                                23   committees composed of members, state regulators, state
                                24   legislators or their representatives, consumer representatives
                                25   and other interested persons as designated in this compact and
                                     .232922.1
                                                                   - 22 -
                                1    the bylaws;
                                2  (16)   provide and receive information from, and
                                3    cooperate with, law enforcement agencies;
                                4  (17)   establish and elect an executive
                                5    committee; and
                                6  (18)   perform such other functions as necessary
                                7    or appropriate to achieve the purposes of this compact
                                8    consistent with the state regulation of professional counseling
                                9    licensure and practice.
                                10  D.   The executive committee shall:
                                11  (1)    have the power to act on behalf of the
                                12   commission according to the terms of this compact;
                                13  (2)    be composed of up to eleven members,
                                14   including:
                                15  (a)   an even number of voting members who
                                16   are elected by the commission from the current membership of
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                                17   the commission;
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                                18  (b)   up to four ex-officio, nonvoting
                                19   members from four recognized national professional counselor
                                20   organizations; and
                                21  (c)   ex-officio members shall be selected
                                22   by their respective organizations;
                                23  (3)    the commission may remove a member of the
                                24   executive committee as provided in the bylaws;
                                25  (4)    meet at least annually; and
                                     .232922.1
                                                                      - 23 -
                                1  (5)   have the following duties and
                                2    responsibilities:
                                3  (a)   recommend changes to the commission
                                4    regarding the rules or bylaws, changes to this compact
                                5    legislation, fees paid by compact member states such as annual
                                6    dues and any commission compact fee charged to licensees for
                                7    the privilege to practice;
                                8  (b)   ensure compact administration
                                9    services are appropriately provided, contractual or otherwise;
                                10  (c)   prepare and recommend the budget;
                                11  (d)   maintain financial records on behalf
                                12   of the commission;
                                13  (e)   monitor compact compliance of member
                                14   states and provide compliance reports to the commission;
                                15  (f)   establish additional committees as
                                16   necessary; and
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                                17  (g)   perform additional duties as
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                                18   provided in rules or bylaws.
                                19  E.   Meetings of the commission, the executive
                                20   committee or other committees:
                                21  (1)   shall be open to the public, and public
                                22   notice of meetings shall be given in the same manner as
                                23   required under the rulemaking provisions in Section 11 of this
                                24   compact; and
                                25  (2)   may convene in a closed, nonpublic meeting
                                     .232922.1
                                                                    - 24 -
                                1    if any of the following matters will be discussed:
                                2  (a)   the noncompliance of a member state
                                3    with its obligations under the compact;
                                4  (b)   the employment, compensation,
                                5    discipline or other matters, practices or procedures related to
                                6    specific employees or other matters related to the commission's
                                7    internal personnel practices and procedures;
                                8  (c)   current, threatened or reasonably
                                9    anticipated litigation;
                                10  (d)   negotiation of contracts for the
                                11   purchase, lease or sale of goods, services or real estate;
                                12  (e)   accusations of a crime or formal
                                13   censure of a person;
                                14  (f)   disclosure of trade secrets or
                                15   commercial or financial information that is privileged or
                                16   confidential;
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                                17  (g)   disclosure of information of a
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                                18   personal nature where disclosure would constitute a clearly
                                19   unwarranted invasion of personal privacy;
                                20  (h)   disclosure of investigative records
                                21   compiled for law enforcement purposes;
                                22  (i)   disclosure of information related to
                                23   any investigative reports prepared by or on behalf of or for
                                24   use of the commission or other committee charged with
                                25   responsibility of investigation or determination of compliance
                                     .232922.1
                                                                   - 25 -
                                1    issues pursuant to the compact; or
                                2  (j)   matters specifically exempted from
                                3    disclosure by federal or member state statute;
                                4  (3)   if fully or partially closed pursuant to
                                5    Paragraph (2) of this subsection, the commission's legal
                                6    counsel or designee shall reference each relevant exempting
                                7    provision and certify that the meeting may be closed; and
                                8  (4)   shall be memorialized with minutes that
                                9    fully and clearly describe all matters discussed in a meeting
                                10   and provide a full and accurate summary of action taken and
                                11   reasons for taking action, including a description of the views
                                12   expressed; and identify all documents considered in connection
                                13   with an action taken; provided that all minutes and documents
                                14   of a closed meeting shall remain under seal, subject to release
                                15   by a majority vote of the commission or order of a court of
                                16   competent jurisdiction.
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                                17  F.   Financing of the commission shall be carried out
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                                18   as follows:
                                19  (1)   the commission shall pay, or provide for
                                20   the payment of, the reasonable expenses of its establishment,
                                21   organization and ongoing activities;
                                22  (2)   the commission may accept any and all
                                23   appropriate revenue sources, donations and grants of money,
                                24   equipment, supplies, materials and services;
                                25  (3)   the commission may levy on and collect an
                                     .232922.1
                                                                    - 26 -
                                1    annual assessment from each member state or impose fees on
                                2    other parties to cover the cost of the operations and
                                3    activities of the commission and its staff, in an amount
                                4    sufficient to cover its annual budget as approved each year for
                                5    which revenue is not provided by other sources.    The aggregate
                                6    annual assessment amount shall be allocated based upon a
                                7    formula to be determined by the commission by rule, which shall
                                8    be binding upon all member states;
                                9  (4)   the commission shall not incur obligations
                                10   prior to securing the funds adequate to meet the obligations or
                                11   pledge the credit of any of the member states, absent the
                                12   authority of the member state; and
                                13  (5)   the commission shall keep accurate
                                14   accounts of all receipts and disbursements.    The receipts and
                                15   disbursements of the commission shall be subject to the audit
                                16   and accounting procedures established under its bylaws.
[bracketed material] = delete
                                17   However, all receipts and disbursements of funds handled by the
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                                18   commission shall be audited yearly by a certified or licensed
                                19   public accountant, and the report of the audit shall be
                                20   included in and become part of the annual report of the
                                21   commission.
                                22  G.   Qualified immunity, defense and indemnification
                                23   shall apply as follows:
                                24  (1)   the members, officers, executive director,
                                25   employees and representatives of the commission shall be immune
                                     .232922.1
                                                                    - 27 -
                                1    from suit and liability, either personally or in their official
                                2    capacity, for any claim for damage to or loss of property or
                                3    personal injury or other civil liability caused by or arising
                                4    out of any actual or alleged act, error or omission that
                                5    occurred, or that the person against whom the claim is made had
                                6    a reasonable basis for believing occurred within the scope of
                                7    commission employment, duties or responsibilities; provided
                                8    that nothing in this paragraph shall be construed to protect
                                9    any such person from suit or liability for any damage, loss,
                                10   injury or liability caused by the intentional or willful or
                                11   wanton misconduct of that person;
                                12  (2)   the commission shall defend any member,
                                13   officer, executive director, employee or representative of the
                                14   commission in any civil action seeking to impose liability
                                15   arising out of any actual or alleged act, error or omission
                                16   that occurred within the scope of commission employment, duties
[bracketed material] = delete
                                17   or responsibilities, or that the person against whom the claim
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                                18   is made had a reasonable basis for believing occurred within
                                19   the scope of commission employment, duties or responsibilities;
                                20   provided that nothing in this paragraph shall be construed to
                                21   prohibit that person from retaining his or her own counsel; and
                                22   provided further that the actual or alleged act, error or
                                23   omission did not result from that person's intentional or
                                24   willful or wanton misconduct; and
                                25  (3)   the commission shall indemnify and hold
                                     .232922.1
                                                                  - 28 -
                                1    harmless any member, officer, executive director, employee or
                                2    representative of the commission for the amount of any
                                3    settlement or judgment obtained against that person arising out
                                4    of any actual or alleged act, error or omission that occurred
                                5    within the scope of commission, employment, duties or
                                6    responsibilities, or that such person had a reasonable basis
                                7    for believing occurred within the scope of commission
                                8    employment, duties or responsibilities; provided that the
                                9    actual or alleged act, error or omission did not result from
                                10   the intentional or willful or wanton misconduct of that person.
                                11  SECTION 10 -- DATA SYSTEM
                                12  A.   The commission shall provide for the
                                13   development, maintenance, operation and utilization of a
                                14   coordinated database and reporting system containing licensure,
                                15   adverse action and investigative information on all licensees
                                16   in member states.
[bracketed material] = delete
                                17  B.   Unless prohibited by state law, a member state
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                                18   shall submit a uniform data set to the data system on all
                                19   individuals to whom this compact is applicable as required by
                                20   the rules of the commission, including:
                                21  (1)   identifying information;
                                22  (2)   licensure data;
                                23  (3)   adverse actions against a license or
                                24   privilege to practice;
                                25  (4)   non-confidential information related to
                                     .232922.1
                                                                    - 29 -
                                1    alternative program participation;
                                2  (5)    any denial of application for licensure
                                3    and the reasons for such denial;
                                4  (6)    current significant investigative
                                5    information; or
                                6  (7)    other information that may facilitate the
                                7    administration of this compact, as determined by the rules of
                                8    the commission.
                                9  C.   Investigative information pertaining to a
                                10   licensee in a member state is only available to other member
                                11   states.
                                12  D.   The commission shall promptly notify all member
                                13   states of an adverse action taken against a licensee or an
                                14   individual applying for a license.  Adverse action information
                                15   pertaining to a licensee in a member state is available to any
                                16   other member state.
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                                17  E.   Member states contributing information to the
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                                18   data system may designate information that may not be shared
                                19   with the public without the express permission of the
                                20   contributing state.
                                21  F.   Any information submitted to the data system
                                22   that is subsequently required to be expunged by the laws of the
                                23   member state contributing the information shall be removed from
                                24   the data system.
                                25  SECTION 11 -- RULEMAKING
                                     .232922.1
                                                                       - 30 -
                                1  A.   The commission shall promulgate reasonable rules
                                2    in order to effectively and efficiently achieve the purpose of
                                3    the compact.     If the commission exercises its rulemaking
                                4    authority in a manner that is beyond the scope of the purposes
                                5    of the compact or the powers granted pursuant to the compact,
                                6    then such an action by the commission shall be invalid and have
                                7    no force or effect.
                                8  B.   The commission shall exercise its rulemaking
                                9    powers pursuant to the criteria set forth in this section and
                                10   the rules adopted pursuant to the compact.     Rules and
                                11   amendments shall become binding as of the date specified in
                                12   each rule or amendment.
                                13  C.   If a majority of the legislatures of the member
                                14   states rejects a rule, by enactment of a statute or resolution
                                15   in the same manner used to adopt the compact within four years
                                16   of the date of adoption of the rule, then such rule shall have
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                                17   no further force and effect in any member state.
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                                18  D.   Rules or amendments to the rules shall be
                                19   adopted at a regular or special meeting of the commission.
                                20  E.   Prior to promulgation and adoption of a final
                                21   rule by the commission, and at least thirty days in advance of
                                22   the meeting at which the rule will be considered and voted
                                23   upon, the commission shall file a notice of proposed
                                24   rulemaking:
                                25  (1)   on the website of the commission or other
                                     .232922.1
                                                                     - 31 -
                                1    publicly accessible platform; and
                                2  (2)   on the website of each member state
                                3    licensing board, other publicly accessible platform or the
                                4    publication in which each state would otherwise publish
                                5    proposed rules.
                                6  F.   The notice of proposed rulemaking shall include:
                                7  (1)   the proposed time, date and location of
                                8    the meeting in which the rule will be considered and voted
                                9    upon;
                                10  (2)   the text of the proposed rule or amendment
                                11   and the reason for the proposed rule;
                                12  (3)   a request for comments on the proposed
                                13   rule from any interested person; and
                                14  (4)   the manner in which interested persons may
                                15   submit notice to the commission of their intention to attend
                                16   the public hearing and any written comments.
[bracketed material] = delete
                                17  G.   Prior to adoption of a proposed rule, the
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                                18   commission shall allow persons to submit written data, facts,
                                19   opinions and arguments, which shall be made available to the
                                20   public.
                                21  H.   The commission shall grant an opportunity for a
                                22   public hearing before it adopts a rule or amendment if a
                                23   hearing is requested by:
                                24  (1)   at least twenty-five persons;
                                25  (2)   a state or federal governmental
                                     .232922.1
                                                                    - 32 -
                                1    subdivision or agency; or
                                2  (3)   an association having at least twenty-five
                                3    members.
                                4  I.   If a hearing is held on the proposed rule or
                                5    amendment, the commission shall publish the place, time and
                                6    date of the scheduled public hearing.     If the hearing is held
                                7    via electronic means, the commission shall publish the
                                8    mechanism for access to the electronic hearing to ensure the
                                9    following:
                                10  (1)   all persons wishing to be heard at the
                                11   hearing shall notify the executive director of the commission
                                12   or other designated member in writing of their desire to appear
                                13   and testify at the hearing not less than five business days
                                14   before the scheduled date of the hearing;
                                15  (2)   hearings shall be conducted in a manner
                                16   providing each person who wishes to comment a fair and
[bracketed material] = delete
                                17   reasonable opportunity to comment orally or in writing;
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                                18  (3)   all hearings will be recorded, and a copy
                                19   of the recording will be made available on request; and
                                20  (4)   nothing in this section shall be construed
                                21   as requiring a separate hearing on each rule, and 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
                                25   close of business on the scheduled hearing date if the hearing
                                     .232922.1
                                                                     - 33 -
                                1    was not held, the commission shall consider all written and
                                2    oral comments received.
                                3  K.   If no written notice of intent to attend the
                                4    public hearing by interested parties is received, the
                                5    commission may proceed with promulgation of the proposed rule
                                6    without a public hearing.
                                7  L.   The commission shall, by majority vote of all
                                8    members, take final action on the proposed rule and shall
                                9    determine the effective date of the rule, if any, based on the
                                10   rulemaking record and the full text of the rule.
                                11  M.   Upon determination that an emergency exists, the
                                12   commission may consider and adopt an emergency rule without
                                13   prior notice, opportunity for comment or hearing; provided that
                                14   the usual rulemaking procedures provided in the compact and in
                                15   this section shall be retroactively applied to the rule as soon
                                16   as reasonably possible and later than ninety days after the
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                                17   effective date of the rule.    For the purposes of this
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                                18   provision, an emergency rule is one that must be adopted
                                19   immediately in order to:
                                20  (1)   meet an imminent threat to public health,
                                21   safety or welfare;
                                22  (2)   prevent a loss of commission or member
                                23   state funds;
                                24  (3)   meet a deadline for the promulgation of an
                                25   administrative rule that is established by federal law or rule;
                                     .232922.1
                                                                    - 34 -
                                1    or
                                2  (4)    protect public health and safety.
                                3  N.   The commission or an authorized committee of the
                                4    commission may direct revisions to a previously adopted rule or
                                5    amendment for purposes of correcting typographical errors,
                                6    errors in format, errors in consistency or grammatical errors.
                                7    Public notice of any revisions shall be posted on the website
                                8    of the commission.      The revision shall be subject to challenge
                                9    by any person for a period of thirty days after posting.  The
                                10   revision may be challenged only on grounds that the revision
                                11   results in a material change to a rule.      A challenge shall be
                                12   made in writing and delivered to the chair of the commission
                                13   prior to the end of the notice period.      If no challenge is
                                14   made, the revision shall take effect without further action.
                                15   If the revision is challenged, the revision may not take effect
                                16   without the approval of the commission.
[bracketed material] = delete
                                17        SECTION 12 -- COMPACT OVERSIGHT, DISPUTE RESOLUTION AND
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                                18  ENFORCEMENT
                                19  A.   Compact oversight shall be carried out as
                                20   follows:
                                21  (1)    the executive, legislative and judicial
                                22   branches of state government in each member state shall enforce
                                23   this compact and take all necessary and appropriate actions
                                24   necessary to effectuate the compact's purposes and intent.        The
                                25   provisions of this compact and the rules promulgated hereunder
                                     .232922.1
                                                                     - 35 -
                                1    shall have standing as statutory law;
                                2  (2)   all courts shall take judicial notice of
                                3    the compact and the rules in any judicial or administrative
                                4    proceeding that may affect the powers, responsibilities or
                                5    actions of the commission in a member state pertaining to the
                                6    subject matter of this compact; and
                                7  (3)   the commission shall be entitled to
                                8    receive service of process in such proceedings and shall have
                                9    standing to intervene in such a proceeding for all purposes.
                                10   Failure to provide service of process to the commission shall
                                11   render a judgment or order void as to the commission, this
                                12   compact or promulgated rules.
                                13  B.   Default, technical assistance and member state
                                14   termination shall be managed as follows:
                                15  (1)   if the commission determines that a member
                                16   state has defaulted in the performance of its obligations or
[bracketed material] = delete
                                17   responsibilities under this compact or the promulgated rules,
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                                18   the commission shall provide:
                                19  (a)   written notice to the defaulting
                                20   member state and other member states of the nature of the
                                21   default, the proposed means of curing the default or any other
                                22   action to be taken by the commission; and
                                23  (b)   remedial training and specific
                                24   technical assistance regarding the default.
                                25  C.   If a member state is in default of the compact
                                     .232922.1
                                                                    - 36 -
                                1    and fails to cure the default, the defaulting member state may
                                2    be terminated from the compact upon an affirmative vote of a
                                3    majority of the member states, and all rights, privileges and
                                4    benefits conferred by this compact may be terminated on the
                                5    effective date of termination.    A cure of the default does not
                                6    relieve the defaulting member state of obligations or
                                7    liabilities incurred during the period of default.
                                8  D.   Termination of compact membership shall be
                                9    imposed only after all other means of securing compliance have
                                10   been exhausted.    Notice of intent to suspend or terminate shall
                                11   be given by the commission to the governor, the majority and
                                12   minority leaders of the defaulting member state's legislature
                                13   and each of the member states.
                                14  E.   A state that has been terminated from the
                                15   compact is responsible for all assessments, obligations and
                                16   liabilities incurred through the effective date of termination,
[bracketed material] = delete
                                17   including obligations that extend beyond the effective date of
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                                18   termination.
                                19  F.   The commission shall not bear any costs related
                                20   to a state that is found to be in default or that has been
                                21   terminated from the compact, unless agreed upon in writing
                                22   between the commission and the defaulting state.
                                23  G.   The defaulting state may appeal the action of
                                24   the commission by petitioning the United States district court
                                25   for the District of Columbia or the federal district where the
                                     .232922.1
                                                                   - 37 -
                                1    commission has its principal offices.    The prevailing party
                                2    shall be awarded all costs of such litigation, including
                                3    reasonable attorney fees.
                                4  H.   Dispute resolution shall be conducted as
                                5    follows:
                                6  (1)   upon request by a member state, the
                                7    commission shall attempt to resolve disputes related to the
                                8    compact that arise among member states and between member and
                                9    nonmember states; and
                                10  (2)   the commission shall promulgate a rule
                                11   providing for both mediation and binding dispute resolution for
                                12   disputes as appropriate.
                                13  I.   Enforcement shall be carried out as follows:
                                14  (1)   the commission, in the reasonable exercise
                                15   of its discretion, shall enforce the provisions and rules of
                                16   this compact;
[bracketed material] = delete
                                17  (2)   by majority vote, the commission may
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                                18   initiate legal action in the United States district court for
                                19   the District of Columbia or the federal district where the
                                20   commission has its principal offices against a member state in
                                21   default to enforce compliance with the provisions of the
                                22   compact and its promulgated rules and bylaws.    The relief
                                23   sought may include both injunctive relief and damages.      In the
                                24   event judicial enforcement is necessary, the prevailing party
                                25   shall be awarded all costs of such litigation, including
                                     .232922.1
                                                                    - 38 -
                                1    reasonable attorney fees; and
                                2  (3)   the remedies in this subsection shall not
                                3    be the exclusive remedies of the commission, and the commission
                                4    may pursue any other remedies available under federal or state
                                5    law.
                                6    SECTION 13 -- DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT
                                7       COMMISSION AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT
                                8  A.   The compact shall come into effect on the date
                                9    on which the compact statute is enacted into law by the tenth
                                10   member state.    The provisions, which become effective at that
                                11   time, shall be limited to the powers granted to the commission
                                12   relating to assembly and the promulgation of rules.
                                13   Thereafter, the commission shall meet and exercise rulemaking
                                14   powers necessary for the implementation and administration of
                                15   the compact.
                                16  B.   Any state that joins the compact subsequent to
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                                17   the commission's initial adoption of the rules shall be subject
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                                18   to the rules as they exist on the date on which the compact
                                19   becomes law in that state.    Any rule that has been previously
                                20   adopted by the commission shall have the full force and effect
                                21   of law on the day the compact becomes law in that state.
                                22  C.   To withdraw from this compact, a member state
                                23   shall enact a statute repealing this statute, and withdrawal:
                                24  (1)   shall take effect six months after the
                                25   enactment of the repealing statute; and
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                                1  (2)   shall not affect the continuing
                                2    requirement of the withdrawing state's licensing board to
                                3    comply with the investigative and adverse action reporting
                                4    requirements of the compact prior to the effective date of
                                5    withdrawal.
                                6  D.   Nothing contained in this compact shall be
                                7    construed to invalidate or prevent any professional counseling
                                8    licensure agreement or other cooperative arrangement between a
                                9    member state and a nonmember state that does not conflict with
                                10   the provisions of this compact.
                                11  E.   This compact may be amended by the member
                                12   states.   The amendment shall become effective and binding upon
                                13   a member state when it is enacted into the laws of all member
                                14   states.
                                15  SECTION 14 -- CONSTRUCTION AND SEVERABILITY
                                16        This compact shall be liberally construed to effectuate
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                                17   its purposes.    The provisions of this compact shall be
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                                18   severable, and if any part of this compact is declared to be
                                19   contrary to the constitution of any member state or of the
                                20   United States or its applicability to any government, agency,
                                21   person or circumstance is held invalid, the validity of the
                                22   remainder of this compact and its applicability to any
                                23   government, agency, person or circumstance shall not be
                                24   affected.     If this compact is held contrary to the constitution
                                25   of any member state, the compact shall remain in full force and
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                                1    effect as to the remaining member states and in full force and
                                2    effect as to the member state affected as to all severable
                                3    matters.
                                4  SECTION 15 -- BINDING EFFECT OF COMPACT AND OTHER LAWS
                                5  A.   A licensee providing professional counseling
                                6    services in a remote state under the privilege to practice
                                7    shall adhere to the laws and regulations, including scope of
                                8    practice, of the remote state.
                                9  B.   Nothing in this compact prevents the enforcement
                                10   of any other law of a member state that is consistent with the
                                11   compact.
                                12  C.   Any laws in a member state in conflict with the
                                13   compact are superseded to the extent of the conflict.
                                14  D.   Any lawful actions of the commission, including
                                15   all rules and bylaws properly promulgated by the commission,
                                16   are binding upon the member states.
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                                17  E.   All permissible agreements between the
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                                18   commission and the member states are binding in accordance with
                                19   their terms.
                                20  F.   In the event any provision of the compact
                                21   exceeds the constitutional limits imposed on the legislature of
                                22   any member state, the provision shall be ineffective to the
                                23   extent of the conflict with the constitutional provision in
                                24   question in that member state.".
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