Roadrunner Capitol Reports
Legislation Detail

SB 98 COUNSELING COMPACT

Sen Antonio "Moe" Maestas

Actions: [1] SCC/SHPAC/SJC-SCC

Scheduled: Not Scheduled

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Summary:
 SB98 establishs a Compact between member states to allow professional counselors to provide services in other member states.  
Legislation Overview:
 Synopsis: SB98 relates to professional licensure by enacting the counseling Compact. 
Analysis: SB98 establishes a Compact between states for the practice of counseling that would be allowed between states who are members of the Compact. 
The purpose of this Compact is to facilitate the interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
Listed below are the objectives for the establishment of the Compact: A. increase public access to professional counseling services by providing for the mutual recognition of other member state licenses; B. enhance the states' ability to protect the public's health and safety; C. encourage the cooperation of member states in regulating multistate practice for licensed professional counselors; D. support spouses of relocating active duty military personnel; E. enhance the exchange of licensure, investigative and disciplinary information among member states; F. allow for the use of telehealth technology to facilitate increased access to professional counseling services; G. support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits; H. invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses; I. eliminate the necessity for licenses in multiple states; and J. provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
An extensive listing of abbreviations are included in SB98:
Certain abbreviations are included here in: "licensed professional counselor" means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose and treat behavioral health conditions; 
Licensee, means an individual who currently holds an authorization from the state to practice as a licensed professional counselor; 
Licensing board, means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors; 
Member state, means a state that has enacted the Compact; 
 Privilege to practice, means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state; 
Professional counseling, means the assessment, diagnosis and treatment of behavioral health conditions by a licensed professional counselor; 
Remote state, means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.
Single state license, means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state; 
State, means any state, commonwealth, district, or territory of the United States that regulates the practice of professional counseling. 
Telehealth, means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose and treat behavioral health conditions.
To participate in the Compact, a state must meet certain criteria.
Certain of the requirements include: (1) license and regulate licensed professional (2) require licensees to pass a nationally recognized exam approved by the commission; and (3) require licensees to have a sixty semester-hour or ninety quarter-hour master's degree in counseling or sixty semester-hours or ninety quarter-hours of graduate course work.
The course work required in the Compact include the following topic areas: (a) professional counseling orientation and ethical practice; relationships; and testing; commission; (b) social and cultural diversity; (c) human growth and development; (d) career development; (e) counseling and helping (f) group counseling and group work; (g) diagnosis and treatment; assessment (h) research and program evaluation; and (i) other areas as determined by the Commission. 
Other requirements include graduate level clinical supervision of the counselor experience and a mechanism for Commission investigation of complaints of licensees.
 A member state shall: (1) participate fully in the commission's data system, including using the commission's unique identifier as defined in rules; (2) notify the commission, in compliance with the terms of the Compact and rules, of any adverse action of a licensee.
Also, conduct background checks including criminal history and required finger printing of licensees. Other rules and procedures are included as required of the Compact state. 
The Compact state may grant licenses to practice in other Compact states. A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling under a privilege to practice, in each member state.
Member states shall allow licensees to conduct their practice by telehealth. Special provisions for licensees who are active military or spouses of active duty personnel are provided. 
A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time. 
Member states may take adverse action with a licensee including that the home state shall have the sole power to take adverse action against a licensed professional counselor's license issued by the home state.
For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action. Joint investigations are provided for in the Compact act. 
SBSB98 creates a Commission for managing the affairs of the Compact. The Compact member states shall create and establish a joint public agency known as the "counseling Compact commission" as follows: (1) the counseling Compact Commission shall be an instrumentality of the Compact states; (2) venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The counseling Compact Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution procedures.
Membership in the Commission and the administrative structure provides that: (1) each member state shall have one delegate selected by that member state's licensing board; (2) a delegate shall: (a) be a current member of the licensing board at the time of appointment, who is a licensed professional counselor or public member; or (b) an administrator of the licensing board; (3) a delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed; (4) a vacancy occurring on the Commission shall be filled by the member state licensing board within sixty days; (5) a delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and have an opportunity to participate in the business and affairs of the commission.
The Commission shall meet at least once during each calendar year, with additional meetings to be held as set forth in the bylaws; and (8) the Commission shall by rule establish terms and conditions for membership on the commission. 
The Commission may hire and fire employees, create a budget, accept gifts, and further develop it own rules and regulations for operation of the commission. 
An executive committee may be formed and may act on behalf of the commission. The executive committee may have up to eleven members including four ex-officio members from national professional counseling organizations. 
Meetings of the commission, the executive committee or any other committee shall be open to public but may convene closed non-public meetings under certain circumstances listed in the Commission rules. 
SB98 also provides that the Commission may impose annual assessments on it members based on membership and other considerations by the commission. 
The Commission shall not incur obligations prior to securing the funds adequate to meet the obligations or pledge the credit of any of the member states, absent the authority of the member state.
Qualified immunity, defense and indemnification of members officers, executive director, employees, and representatives of the commission are provided under the Compact. 
The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. If the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact or the powers granted pursuant to the Compact, then such an action by the Commission shall be invalid and have no force or effect.
However, there are provisions for emergency rule making such as responding to a new federal rule or law. 
SBSB98 provides that the executive, legislative and judicial branches of state government in each member state shall enforce the Compact and take all necessary and appropriate actions necessary to effectuate the Compact's purposes and intent. Defaulting members may be terminated if other provisions for corrective action are unsuccessful. The defaulting state may appeal the action in the United State District Court for the District of Columbia or any Federal district where the Commission administratively resides. 
Rules for dispute resolution are also provided in the Act. 
Implementation of the Compact will take effect when ten member states join. There are provisions for the Commission to take rule making and other actions prior to the tenth member state joining the Compact. A severability paragraph is included in which the provisions of the Compact shall be severable, and if any part of the Compact is declared to be contrary to the constitution of any member state or of the United States or its applicability to any government, agency, person or circumstance is held invalid, the validity of the remainder of  the Compact and its applicability to any government, agency, person or circumstance would not be affected.
Finally, there is language in SB98 describing the binding effect of the Compact on the member states. Specifically, the language provides that: 
A. A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state. 
B. Nothing in this Compact prevents the enforcement of any other law of a member state that is consistent with the Compact. 
C. Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict. 
D. Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states. 
E. All permissible agreements between the Commission and the member states are binding in accordance with their terms.
 F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.