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Subchapter 001: GENERAL PROVISIONS
§ 3261. Definitions
As used in this chapter:
(1) “Board” means the Board of Allied Mental Health Practitioners established under this
chapter.
(2) “Clinical mental health counseling” means providing, for a consideration, professional
counseling services that are primarily drawn from the theory and practice of psychotherapy
and the discipline of clinical mental health counseling, involving the application
of principles of psychotherapy, human development, learning theory, group dynamics,
and the etiology of mental illness and dysfunctional behavior to individuals, couples,
families, and groups, for the purposes of treating psychopathology and promoting optimal
mental health. The practice of clinical mental health counseling includes diagnosis
and treatment of mental conditions or psychiatric disabilities and emotional disorders,
psychoeducational techniques aimed at the prevention of such conditions or disabilities,
consultations to individuals, couples, families, groups, organizations, and communities,
and clinical research into more effective psychotherapeutic treatment modalities.
(3) “Clinical mental health counselor” means a person who is licensed to practice clinical
mental health counseling under this chapter.
(4) “Disciplinary action” includes any action taken by the Board against a licensed clinical
mental health counselor or applicant premised on a finding that the licensed clinical
mental health counselor or applicant has engaged in unprofessional conduct. The term
includes all sanctions of any kind, including obtaining injunctions, refusing to grant
or renew a license, suspending or revoking a license, and issuing warnings.
(5) “Allied mental health fields” include those fields for which training includes coursework
in the diagnosis and treatment of mental disorders.
(6) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling
services to individuals or groups, for a consideration, for the purpose of alleviating
mental disorders. “Psychotherapy” involves the application of therapeutic techniques
to understand unconscious or conscious motivation, resolve emotional, relationship,
or attitudinal conflicts, or modify behavior that interferes with effective emotional,
social, or mental functioning. “Psychotherapy” follows a systematic procedure of psychotherapeutic
intervention that takes place on a regular basis over a period of time, or, in the
case of evaluation and brief psychotherapies, in a single or limited number of interventions.
If a person is employed by or under contract with the Agency of Human Services, this
definition does not apply to persons with less than a master’s degree; to persons
providing life skills training or instruction, such as learning to make friends, to
handle social situations, to do laundry, and to develop community awareness; or to
interactions of employees or contracted individuals with clients whose job description
or contract specifications do not specifically mention “psychotherapy” as a job responsibility
or duty. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(b), (d); 1993, No. 98, § 8; 1993, No. 222 (Adj. Sess.), § 9; 1997, No. 40, § 50; 1997, No. 145 (Adj. Sess.), § 22; 2013, No. 96 (Adj. Sess.), § 177.)
§ 3262. Prohibition; offenses
(a) No person shall practice or attempt to practice clinical mental health counseling,
nor shall any person use in connection with the person’s name any letters, words,
or insignia indicating or implying that the person is a clinical mental health counselor
unless the person is licensed in accordance with this chapter.
(b) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1993, No. 98, § 9; 2007, No. 29, § 43.)
§ 3262a. Board of Allied Mental Health Practitioners
(a) The Board of Allied Mental Health Practitioners is established.
(b) The Board shall consist of six members appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
(1) Two members shall be licensed clinical mental health counselors; one member shall
be a licensed marriage and family therapist; one member shall, at the time of appointment,
be a nonlicensed and noncertified psychotherapist entered on the roster; and two members
shall be public members.
(2) The public members shall have no direct financial interest personally or through a
spouse, parent, child, brother, or sister in clinical mental health counseling, marriage
and family therapy, or psychotherapy.
(3) The professional members shall have at least three years of professional experience
as a clinical mental health counselor, marriage and family therapist, or psychotherapist
and shall be actively engaged in one of these professions during incumbency.
(c) [Repealed.] (Added 1997, No. 40, § 51; amended 2005, No. 27, § 92; 2013, No. 138 (Adj. Sess.), § 40; 2017, No. 144 (Adj. Sess.), § 25.)
§ 3263. Allied Mental Health Board; duties
(a) The Board shall:
(1) provide general information to applicants for licensure as clinical mental health
counselors;
(2) administer fees collected under this chapter;
(3) explain appeal procedures to licensed clinical mental health counselors and applicants
and complaint procedures to the public;
(4) receive applications for licensure, license applicants under this chapter, renew licenses,
and revoke, reinstate, or condition licenses.
(b) The Board may adopt rules necessary to perform its duties under subsection (a) of
this section. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), §§ 4(d), 80; 1993, No. 98, § 10; 1997, No. 40, § 52.)
§ 3264. Repealed. 1997, No. 40, § 74.
§ 3265. Eligibility
To be eligible for licensure as a clinical mental health counselor an applicant shall
have:
(1) Received a master’s degree or higher degree in counseling or a related field, from
an accredited educational institution, after having successfully completed a course
of study requiring a minimum number of graduate credit hours established by the Board
by rule and a supervised practicum, internship, or field experience, as defined by
the Board by rule, in a mental health counseling setting.
(2) Documented a minimum of 3,000 hours of supervised work in clinical mental health counseling
during a minimum of two years of post-master’s experience, including at least 100
hours of face-to-face supervision during a minimum of two years of post-master’s experience.
Persons engaged in supervised work shall be registered on the roster of nonlicensed,
noncertified psychotherapists and shall comply with the laws applicable to registrants.
(3) Passed the examinations required by Board rules. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1993, No. 98, § 12; 1993, No. 222 (Adj. Sess.), § 9a; 1997, No. 40, § 53; 2001, No. 151 (Adj. Sess.), § 32, eff. June 27, 2002; 2005, No. 27, § 93; 2005, No. 148 (Adj. Sess.), § 36; 2017, No. 144 (Adj. Sess.), § 25.)
§§ 3266, 3267. Repealed. 2017, No. 144 (Adj. Sess.), § 25.
§ 3268. Licensing without examination
The Board may waive the examination requirement if the applicant is a clinical mental
health counselor regulated under the laws of another jurisdiction, who is in good
standing to practice clinical mental health counseling in that jurisdiction, and,
in the opinion of the Board, the standards and qualifications required for regulation
of clinical mental health counseling in that jurisdiction are substantially equivalent
to those required by this chapter. The Board may adopt by rule criteria for licensing
clinical mental health counselors who have five years’ licensed or certified practice
experience in another jurisdiction of the United States or Canada. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 40, § 73(a); 2003, No. 60, § 17; 2007, No. 29, § 44.)
§ 3269. Renewals
Licenses shall be renewed every two years upon payment of required fees and proof
of such continuing education as the Board may require by rule and as required by this
section. Synchronous virtual continuing education credits shall be approvable and
accepted as live in-person training. Continuing education requirements shall include
requiring one or more continuing education units in the area of systematic oppression
and anti-oppressive practice, or in related topic areas, consistent with the report
recommendations from the Health Equity Advisory Commission required pursuant to 2021
Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility,
and antiracism in Vermont’s health care system. If the licensee is licensed in one
or more other mental health professions under this title, continuing education units
completed for one mental health profession shall count toward the required continuing
education units for the other mental health profession or professions for which the
licensee is licensed under this title. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 98, § 15; 1997, No. 40, § 55; 2011, No. 66, § 10, eff. June 1, 2011; 2017, No. 144 (Adj. Sess.), § 25; 2021, No. 117 (Adj. Sess.), § 4, eff. July 1, 2023.)
§ 3270. Repealed. 1997, No. 59, § 65(4), eff. June 30, 1997.
§ 3270a. Fees
(a) Applicants and persons regulated under this chapter shall pay the following fees:
| (1) Application for licensure |
$150.00 |
| (2) Biennial renewal |
$200.00 |
(b) A licensee of a remote state under the Counseling Compact established in subchapter
2 of this chapter shall pay a biennial $50.00 privilege to practice fee. (Added 1997, No. 155 (Adj. Sess.), § 6, eff. April 29, 1998; amended 1999, No. 49, § 181; 2001, No. 143 (Adj. Sess.), § 31, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 20; 2019, No. 70, § 22; 2023, No. 34, § 3, eff. July 1, 2024; 2023, No. 77, § 21, eff. June 20, 2023.)
§ 3271. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:
(1) using dishonest or misleading advertising;
(2) misusing a title in professional activity;
(3) conduct that evidences unfitness to practice clinical mental health counseling;
(4) engaging in any sexual conduct with a client, or with the immediate family member
of a client, with whom the licensee has had a professional relationship within the
previous five years;
(5) harassing, intimidating, or abusing a client;
(6) entering into an additional relationship with a client, supervisee, research participant,
or student that might impair the licensed clinical mental health counselor’s objectivity
or otherwise interfere with the clinical mental health counselor’s professional obligations;
(7) independently practicing outside or beyond a clinical mental health counselor’s area
of training, experience, or competence without appropriate supervision; or
(8) using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
(b) After hearing, and upon a finding of unprofessional conduct, the Board may take disciplinary
action against a licensed clinical mental health counselor or applicant. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1993, No. 98, § 17; 1993, No. 222 (Adj. Sess.), § 10; 1997, No. 40, § 57; 1997, No. 145 (Adj. Sess.), § 53; 2007, No. 29, § 45; 2015, No. 138 (Adj. Sess.), § 8.)
§ 3272. Professional designation
Nothing in this chapter shall be construed to prohibit the use and incorporation into
the title of a clinical mental health counselor of a professional designation issued
by a nationally recognized professional licensing organization. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1993, No. 98, § 18.)
§ 3273. Exemptions
(a) The provisions of this chapter shall not apply to persons while engaged in the course
of their customary duties as clergy, licensed physicians, psychologists, nurses, osteopaths,
optometrists, dentists, lawyers, social workers, certified marriage and family therapists
and psychoanalysts, rostered psychotherapists, or licensed educators when performing
their duties consistent with the accepted standards of their respective professions;
provided, however, that they do not describe themselves to the public by any other
title or description stating or implying that they are clinical mental health counselors
or are licensed to practice clinical mental health counseling.
(b) The provisions of this chapter shall not apply to persons while engaged in the course
of their customary duties:
(1) in the activities and services of the clergy or leader of any religious denomination,
or sect or a Christian Science practitioner when engaging in activities that are within
the scope of the performance of the person’s regular or specialized ministerial duties
and for which no separate charge is made, or when these activities are performed,
with or without charge, for or under the auspices of sponsorship, individually or
in conjunction with others, of an established and legally recognizable church, denomination,
or sect, and when the person rendering services remains accountable to the established
authority of that church, denomination, or sect;
(2) in employment or rehabilitation counseling;
(3) as an employee of or under contract with the Agency of Human Services, provided the
person does not practice psychotherapy as defined in section 3261 of this title;
(4) as a mediator;
(5) in an official evaluation for court purposes;
(6) as a member of a self-help group, such as Alcoholics Anonymous, peer counseling, or
domestic violence groups, whether or not the person is serving for a consideration;
(7) as a respite caregiver, foster care worker, or hospice worker.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions
of this chapter shall apply to any person licensed as a clinical mental health counselor
under this chapter. (Added 1993, No. 98, § 19; amended 1993, No. 222 (Adj. Sess.), § 11; 1995, No. 126 (Adj. Sess.), § 8; 1997, No. 145 (Adj. Sess.), § 23; 1999, No. 52, § 29.)
§ 3273a. Exceptions
(a) This chapter shall not apply to a person engaged or acting:
(1) in the discharge of his or her duties as a student of clinical mental health counseling
or preparing for the practice of clinical mental health counseling provided that the
person’s title indicates his or her training status, if the preparation occurs under
the supervision of a licensed practicing clinical mental health counselor in recognized
training institutions or facilities or in a training program approved by the Office
of Professional Regulation;
(2) in clinical training for licensure as a psychologist or clinical social worker or
for certification as a marriage and family therapist or a psychoanalyst provided that
the person’s title indicates his or her training status and that the person does not
identify him or herself as a clinical mental health counselor.
(b) Notwithstanding the provisions of subsection (a) of this section, this chapter shall
apply to any person licensed as a clinical mental health counselor under this chapter. (Added 1993, No. 222 (Adj. Sess.), § 11a; amended 1997, No. 145 (Adj. Sess.), § 24.)
§ 3274. Disclosure of information
The Board shall adopt rules requiring licensed clinical mental health counselors to
disclose to each client the clinical mental health counselor’s professional qualifications
and experience, those actions that constitute unprofessional conduct, the method for
filing a complaint or making a consumer inquiry, and provisions relating to the manner
in which the information shall be displayed and signed by both the clinical mental
health counselor and the client. The rules may include provisions for applying or
modifying these requirements in cases involving clients of designated agencies, institutionalized
clients, minors, and adults under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), § 12; amended 1997, No. 40, § 58; 2015, No. 38, § 33, eff. May 28, 2015.)
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Subchapter 002: COUNSELING COMPACT
§ 3275. Counseling Compact; adoption
This subchapter is the Vermont adoption of the Counseling Compact. The form, format,
and text of the Compact have been conformed to the conventions of the Vermont Statutes
Annotated. It is the intent of the General Assembly that this subchapter be interpreted
as substantively the same as the Counseling Compact that is enacted by other Compact
party states. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275a. Purpose
(a) The purpose of this Compact is to facilitate 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.
(b) This Compact is designed to achieve the following objectives:
(1) increase public access to professional counseling services by providing for the mutual
recognition of other member state licenses;
(2) enhance the states’ ability to protect the public’s health and safety;
(3) encourage the cooperation of member states in regulating multistate practice for licensed
professional counselors;
(4) support spouses of relocating active duty military personnel;
(5) enhance the exchange of licensure, investigative, and disciplinary information among
member states;
(6) allow for the use of telehealth technology to facilitate increased access to professional
counseling services;
(7) support the uniformity of professional counseling licensure requirements throughout
the states to promote public safety and public health benefits;
(8) 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;
(9) eliminate the necessity for licenses in multiple states; and
(10) provide opportunities for interstate practice by licensed professional counselors
who meet uniform licensure requirements. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275b. Definitions
As used in this Compact, and except as otherwise provided, the following definitions
shall apply:
(1) “Active duty military” means full-time duty status in the active uniformed service
of the United States, including members of the National Guard and Reserve on active
duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
(2) “Adverse action” means any administrative, civil, equitable or criminal action permitted
by a state’s laws which is imposed by a licensing board or other authority against
a licensed professional counselor, including actions against an individual’s license
or privilege to practice such as revocation, suspension, probation, monitoring of
the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure
affecting a licensed professional counselor’s authorization to practice, including
issuance of a cease and desist action.
(3) “Alternative program” means a non-disciplinary monitoring or practice remediation
process approved by a professional counseling licensing board to address impaired
practitioners.
(4) “Continuing competence or continuing education” means a requirement, as a condition
of license renewal, to provide evidence of participation in and completion of educational
and professional activities relevant to practice or area of work.
(5) “Counseling Compact Commission” or “Commission” means the national administrative
body whose membership consists of all states that have enacted the Compact.
(6) “Current significant investigative information” means:
(A) investigative information that a licensing board, after a preliminary inquiry that
includes notification and an opportunity for the licensed professional counselor to
respond, if required by state law, has reason to believe is not groundless and, if
proved true, would indicate more than a minor infraction; or
(B) investigative information that indicates that the licensed professional counselor
represents an immediate threat to public health and safety regardless of whether the
licensed professional counselor has been notified and had an opportunity to respond.
(7) “Data system” means a repository of information about licensees, including, but not
limited to, continuing education, examination, licensure, investigative, privilege
to practice, and adverse action information.
(8) “Encumbered license” means a license in which an adverse action restricts the practice
of licensed professional counseling by the licensee and said adverse action has been
reported to the National Practitioners Data Bank (NPDB).
(9) “Encumbrance” means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of licensed professional counseling by a licensing board.
(10) “Executive committee” means a group of directors elected or appointed to act on behalf
of, and within the powers granted to them by, the Commission.
(11) “Home state” means the member state that is the licensee’s primary state of residence.
(12) “Impaired practitioner” means an individual who has a condition or conditions that
may impair their ability to practice as a licensed professional counselor without
some type of intervention and may include, but are not limited to, alcohol and drug
dependence, mental health impairment, and neurological or physical impairments.
(13) “Investigative information” means information, records, and documents received or
generated by a professional counseling licensing board pursuant to an investigation.
(14) “Jurisprudence requirement” if required by a member state means the assessment of
an individual’s knowledge of the laws and rules governing the practice of professional
counseling in a state.
(15) “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.
(16) “Licensee” means an individual who currently holds an authorization from the state
to practice as a licensed professional counselor.
(17) “Licensing board” means the agency of a state, or equivalent, that is responsible
for the licensing and regulation of licensed professional counselors.
(18) “Member state” means a state that has enacted the Compact.
(19) “Privilege to practice” means a legal authorization, which is equivalent to a license,
permitting the practice of professional counseling in a remote state.
(20) “Professional counseling” means the assessment, diagnosis, and treatment of behavioral
health conditions by a licensed professional counselor.
(21) “Remote state” means a member state other than the home state, where a licensee is
exercising or seeking to exercise the privilege to practice.
(22) “Rule” means a regulation promulgated by the Commission that has the force of law.
(23) “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.
(24) “State” means any state, commonwealth, district, or territory of the United States
of America that regulates the practice of professional counseling.
(25) “Telehealth” means the application of telecommunication technology to deliver professional
counseling services remotely to assess, diagnose, and treat behavioral health conditions.
(26) “Unencumbered License” means a license that authorizes a licensed professional counselor
to engage in the full and unrestricted practice of professional counseling. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275c. State participation in the Compact
(a) To participate in the Compact, a state must currently:
(1) license and regulate licensed professional counselors;
(2) require licensees to pass a nationally recognized exam approved by the Commission;
(3) require licensees to have a 60 semester-hour (or 90 quarter-hour) master’s degree
in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including
the following topic areas:
(A) professional counseling orientation and ethical practice;
(B) social and cultural diversity;
(C) human growth and development;
(D) career development;
(E) counseling and helping relationships;
(F) group counseling and group work;
(G) diagnosis and treatment;
(H) assessment and testing;
(I) research and program evaluation; and
(J) other areas as determined by the Commission;
(4) require licensees to complete a supervised postgraduate professional experience as
defined by the Commission; and
(5) have a mechanism in place for receiving and investigating complaints about licensees.
(b) 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 or the availability of investigative information regarding a licensee.
(3) Implement or utilize procedures for considering the criminal history records of applicants
for an initial privilege to practice. These procedures shall include the submission
of fingerprints or other biometric-based information by applicants for the purpose
of obtaining an applicant’s criminal history record information from the Federal Bureau
of Investigation and the agency responsible for retaining that state’s criminal records.
(A) A member state must fully implement a criminal background check requirement, within
a time frame established by rule, by receiving the results of the Federal Bureau of
Investigation record search and shall use the results in making licensure decisions.
(B) Communication between a member state, the Commission, and among member states regarding
the verification of eligibility for licensure through the Compact shall not include
any information received from the Federal Bureau of Investigation relating to a federal
criminal records check performed by a member state under Pub. L. No. 92-544.
(4) Comply with the rules of the Commission.
(5) Require an applicant to obtain or retain a license in the home state and meet the
home state’s qualifications for licensure or renewal of licensure, as well as all
other applicable state laws.
(6) Grant the privilege to practice to a licensee holding a valid unencumbered license
in another member state in accordance with the terms of the Compact and rules.
(7) Provide for the attendance of the state’s Commissioner to the Counseling Compact Commission
meetings.
(c) Member states may charge a fee for granting the privilege to practice.
(d) Individuals not residing in a member state shall continue to be able to apply for
a member state’s single state license as provided under the laws of each member state.
However, the single state license granted to these individuals shall not be recognized
as granting a privilege to practice professional counseling in any other member state.
(e) Nothing in this Compact shall affect the requirements established by a member state
for the issuance of a single state license.
(f) 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. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275d. Privilege to practice
(a) To exercise the privilege to practice under the terms and provisions of the Compact,
the licensee shall:
(1) hold a license in the home state;
(2) have a valid United States Social Security number or national practitioner identifier;
(3) be eligible for a privilege to practice in any member state in accordance with subsections
(d), (g), and (h) of this section;
(4) have not had any encumbrance or restriction against any license or privilege to practice
within the previous two years;
(5) notify the Commission that the licensee is seeking the privilege to practice within
a remote state or states;
(6) pay any applicable fees, including any state fee, for the privilege to practice;
(7) meet any continuing competence or continuing education requirements established by
the home state;
(8) meet any jurisprudence requirements established by the remote state or states in which
the licensee is seeking a privilege to practice; and
(9) report to the Commission any adverse action, encumbrance, or restriction on license
taken by any non-member State within 30 days from the date the action is taken.
(b) The privilege to practice is valid until the expiration date of the home state license.
The licensee must comply with the requirements of subsection (a) of this section to
maintain the privilege to practice in the remote state.
(c) A licensee providing professional counseling in a remote state under the privilege
to practice shall adhere to the laws and regulations of the remote state.
(d) A licensee providing professional counseling services in a remote state is subject
to that state’s regulatory authority. A remote state may, in accordance with due process
and that state’s laws, remove a licensee’s privilege to practice in the remote state
for a specific period of time, impose fines, or take any other necessary actions to
protect the health and safety of its citizens. The licensee may be ineligible for
a privilege to practice in any member state until the specific time for removal has
passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the privilege to practice
in any remote state until the following occur:
(1) the home state license is no longer encumbered; and
(2) have not had any encumbrance or restriction against any license or privilege to practice
within the previous two years.
(f) Once an encumbered license in the home state is restored to good standing, the licensee
must meet the requirements of subsection (a) of this section to obtain a privilege
to practice in any remote state.
(g) If a licensee’s privilege to practice in any remote state is removed, the individual
may lose the privilege to practice in all other remote states until the following
occur:
(1) the specific period of time for which the privilege to practice was removed has ended;
(2) all fines have been paid; and
(3) have not had any encumbrance or restriction against any license or privilege to practice
within the previous two years.
(h) Once the requirements of subsection (g) of this section have been met, the licensee
must meet the requirements in subsection (a) of this section to obtain a privilege
to practice in a remote state. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275e. Obtaining a new home state license based on privilege
(a) 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.
(b) If a licensed professional counselor changes primary state of residence by moving
between two member states:
(1) The licensed professional counselor shall file an application for obtaining a new
home state license based on a privilege to practice, pay all applicable fees, and
notify the current and new home state in accordance with applicable rules adopted
by the Commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of
a privilege to practice, the new home state shall verify that the licensed professional
counselor meets the pertinent criteria outlined in section 3275d of this chapter via
the data system, without need for primary source verification except for:
(A) a Federal Bureau of Investigation fingerprint based criminal background check if not
previously performed or updated pursuant to applicable rules adopted by the Commission
in accordance with Pub. L. No. 92-544;
(B) other criminal background check as required by the new home state; and
(C) completion of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a privilege
to practice once the new home state has activated the new home state license in accordance
with applicable rules adopted by the Commission.
(4) Notwithstanding any other provision of this Compact, if the licensed professional
counselor cannot meet the criteria in section 3275d of this chapter, the new home
state may apply its requirements for issuing a new single state license.
(5) The licensed professional counselor shall pay all applicable fees to the new home
state in order to be issued a new home state license.
(c) If a licensed professional counselor changes primary state of residence by moving
from a member state to a non-member state, or from a non-member state to a member
state, the state criteria shall apply for issuance of a single state license in the
new state.
(d) Nothing in this Compact shall interfere with a licensee’s ability to hold a single
state license in multiple states; however, for the purposes of this Compact, a licensee
shall have only one home state license.
(e) Nothing in this Compact shall affect the requirements established by a member state
for the issuance of a single state license. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275f. Active duty military personnel or their spouses
Active duty military personnel, or their spouse, shall designate a home state where
the individual has a current license in good standing. The individual may retain the
home state designation during the period the service member is on active duty. Subsequent
to designating a home state, the individual shall only change their home state through
application for licensure in the new state, or through the process outlined in section 3275e of this title. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275g. Compact privilege to practice telehealth
(a) Member states shall recognize the right of a licensed professional counselor, licensed
by a home state in accordance with section 3275c of this title and under rules promulgated by the Commission, to practice professional counseling
in any member state via telehealth under a privilege to practice as provided in the
Compact and rules promulgated by the Commission.
(b) A Licensee providing professional counseling services in a remote state under the
privilege to practice shall adhere to the laws and regulations of the remote state. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275h. Adverse actions
(a) In addition to the other powers conferred by state law, a remote state shall have
the authority, in accordance with existing state due process law, to:
(1)(A) Take adverse action against a licensed professional counselor’s privilege to practice
within that member state.
(B) Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by
a licensing board in a member state for the attendance and testimony of witnesses
or the production of evidence from another member state shall be enforced in the latter
state by any court of competent jurisdiction, according to the practice and procedure
of that court applicable to subpoenas issued in proceedings pending before it. The
issuing authority shall pay any witness fees, travel expenses, mileage, and other
fees required by the service statutes of the state in which the witnesses or evidence
are located.
(2) Only the home state shall have the power to take adverse action against a licensed
professional counselor’s license issued by the home state.
(b) 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.
(c) The home state shall complete any pending investigations of a licensed professional
counselor who changes primary state of residence during the course of the investigations.
The home state shall also have the authority to take appropriate action or actions
and shall promptly report the conclusions of the investigations to the administrator
of the data system. The administrator of the coordinated licensure information system
shall promptly notify the new home state of any adverse actions.
(d) A member state, if otherwise permitted by state law, may recover from the affected
licensed professional counselor the costs of investigations and dispositions of cases
resulting from any adverse action taken against that licensed professional counselor.
(e) 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.
(f) Joint investigations.
(1) In addition to the authority granted to a member state by its respective professional
counseling practice act or other applicable state law, any member state may participate
with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the Compact.
(g) If adverse action is taken by the home state against the license of a licensed professional
counselor, the licensed professional counselor’s privilege to practice in all other
member states shall be deactivated until all encumbrances have been removed from the
state license. All home state disciplinary orders that impose adverse action against
the license of a licensed professional counselor shall include a statement that the
licensed professional counselor’s privilege to practice is deactivated in all member
states during the pendency of the order.
(h) If a member state takes adverse action, it shall promptly notify the administrator
of the data system. The administrator of the data system shall promptly notify the
home state of any adverse actions by remote states.
(i) Nothing in this Compact shall override a member state’s decision that participation
in an alternative program may be used in lieu of adverse action. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275i. Establishment of Counseling Compact Commission
(a) The Compact member states hereby create and establish a joint public agency known
as the Counseling Compact Commission.
(1) The Commission is 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 Commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute resolution
proceedings.
(3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member
state’s licensing board.
(2) The delegate shall be either:
(A) 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) Any delegate may be removed or suspended from office as provided by the law of the
state from which the delegate is appointed.
(4) The member state licensing board shall fill any vacancy occurring on the Commission
within 60 days.
(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the Commission.
(6) A delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates’ participation in meetings by telephone or other
means of communication.
(7) The Commission shall meet at least once during each calendar year. Additional meetings
shall be held as set forth in the bylaws.
(8) The Commission shall by rule establish a term of office for delegates and may by rule
establish term limits.
(c) The Commission shall have the following powers and duties:
(1) establish the fiscal year of the Commission;
(2) establish bylaws;
(3) maintain its financial records in accordance with the bylaws;
(4) meet and take such actions as are consistent with the provisions of this Compact and
the bylaws;
(5) promulgate rules which shall be binding to the extent and in the manner provided for
in the Compact;
(6) bring and prosecute legal proceedings or actions in the name of the Commission, provided
that the standing of any state licensing board to sue or be sued under applicable
law shall not be affected;
(7) purchase and maintain insurance and bonds;
(8) borrow, accept, or contract for services of personnel, including, but not limited
to, employees of a member state;
(9) hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the Compact, and
establish the Commission’s personnel policies and programs relating to conflicts of
interest, qualifications of personnel, and other related personnel matters;
(10) accept any and all appropriate donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose of the same; provided
that at all times the Commission shall avoid any appearance of impropriety or conflict
of interest;
(11) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
improve or use, any property, real, personal or mixed, provided that at all times
the Commission shall avoid any appearance of impropriety;
(12) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
(13) establish a budget and make expenditures;
(14) borrow money;
(15) appoint committees, including standing committees composed of members, state regulators,
state legislators or their representatives, and consumer representatives, and such
other interested persons as may be designated in this Compact and the bylaws;
(16) provide and receive information from, and cooperate with, law enforcement agencies;
(17) establish and elect an executive committee; and
(18) perform such other functions as may be necessary or appropriate to achieve the purposes
of this Compact consistent with the state regulation of professional counseling licensure
and practice.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the Commission according
to the terms of this Compact.
(2) The executive committee shall be composed of up to 11 members:
(A) seven voting members who are elected by the Commission from the current membership
of the Commission; and
(B) up to four ex-officio, nonvoting members from four recognized national professional
counselor organizations.
(C) The ex-officio members will be selected by their respective organizations.
(3) The Commission may remove any member of the executive committee as provided in bylaws.
(4) The executive committee shall meet at least annually.
(5) The executive committee shall have the following duties and responsibilities:
(A) recommend to the entire Commission changes to the rules or bylaws, changes to this
Compact legislation, fees paid by Compact member states such as annual dues, and any
Commission Compact fee charged to licensees for the privilege to practice;
(B) ensure Compact administration services are appropriately provided, contractual or
otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the Commission;
(E) monitor Compact compliance of member states and provide compliance reports to the
Commission;
(F) establish additional committees as necessary; and
(G) other duties as provided in rules or bylaws.
(e) Meetings of the Commission.
(1) All meetings shall be open to the public, and public notice of meetings shall be given
in the same manner as required under the rulemaking provisions in section 3275k of this title.
(2) The Commission or the executive committee or other committees of the Commission may
convene in a closed, non-public meeting if the Commission or executive committee or
other committees of the Commission must discuss:
(A) non-compliance of a member state with its obligations under the Compact;
(B) the employment, compensation, discipline, or other matters, practices or procedures
related to specific employees or other matters related to the Commission’s internal
personnel practices and procedures;
(C) current, threatened, or reasonably anticipated litigation;
(D) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
(E) accusing any person of a crime or formally censuring any person;
(F) disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
(G) disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(H) disclosure of investigative records compiled for law enforcement purposes;
(I) disclosure of information related to any investigative reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the Compact; or
(J) matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s
legal counsel or designee shall certify that the meeting may be closed and shall reference
each relevant exempting provision.
(4) The Commission shall keep minutes that fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed. All documents considered
in connection with an action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release by a majority
vote of the Commission or order of a court of competent jurisdiction.
(f) Financing the Commission.
(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
(2) The Commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
(3) The Commission may levy on and collect an annual assessment from each member state
or impose fees on other parties to cover the cost of the operations and activities
of the Commission and its staff, which must be in a total amount sufficient to cover
its annual budget as approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount shall be allocated based upon a formula
to be determined by the Commission, which shall promulgate a rule binding upon all
member states.
(4) The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Commission pledge the credit of any of the
member states, except by and with the authority of the member state.
(5) The Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of
funds handled by the Commission shall be audited yearly by a certified or licensed
public accountant, and the report of the audit shall be included in and become part
of the annual report of the Commission.
(g) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees and representatives of the Commission
shall be immune from suit and liability, either personally or in their official capacity,
for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error or omission
that occurred, or that the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of Commission employment, duties or
responsibilities; provided that nothing in this subdivision shall be construed to
protect any such person from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful or wanton misconduct of that person.
(2) The Commission shall defend any member, officer, executive director, employee or representative
of the Commission in any civil action seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that the person against whom the claim
is made had a reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing herein shall be construed
to prohibit that person from retaining his or her own counsel; and provided further,
that the actual or alleged act, error, or omission did not result from that person’s
intentional or willful or wanton misconduct.
(3) The Commission shall indemnify and hold harmless any member, officer, executive director,
employee, or representative of the Commission for the amount of any settlement or
judgment obtained against that person arising out of any actual or alleged act, error,
or omission that occurred within the scope of Commission employment, duties, or responsibilities,
or that such person had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from the intentional or willful or
wanton misconduct of that person. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275j. Data system
(a) The Commission shall provide for the development, maintenance, operation, and utilization
of a coordinated database and reporting system containing licensure, adverse action,
and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall
submit a uniform data set to the data system on all individuals to whom this Compact
is applicable as required by the rules of the Commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or privilege to practice;
(4) non-confidential information related to alternative program participation;
(5) any denial of application for licensure and the reason or reasons for such denial;
(6) current significant investigative information; and
(7) other information that may facilitate the administration of this Compact, as determined
by the rules of the Commission.
(c) Investigative information pertaining to a licensee in any member state will only be
available to other member states.
(d) The Commission shall promptly notify all member states of any adverse action taken
against a licensee or an individual applying for a license. Adverse action information
pertaining to a licensee in any member state will be available to any other member
state.
(e) Member states contributing information to the data system may designate information
that may not be shared with the public without the express permission of the contributing
state.
(f) Any information submitted to the data system that is subsequently required to be expunged
by the laws of the member state contributing the information shall be removed from
the data system. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275k. Rulemaking
(a) The Commission shall promulgate reasonable rules in order to effectively and efficiently
achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the
Commission exercises its rulemaking authority in a manner that is beyond the scope
of the purposes of the Compact, or the powers granted hereunder, then such an action
by the Commission shall be invalid and have no force or effect.
(b) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this section and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
(c) If a majority of the legislatures of the member states rejects a rule, by enactment
of a statute or resolution in the same manner used to adopt the Compact within four
years of the date of adoption of the rule, then such rule shall have no further force
and effect in any member state.
(d) Rules or amendments to the rules shall be adopted at a regular or special meeting
of the Commission.
(e) Prior to promulgation and adoption of a final rule or rules by the Commission, and
at least 30 days in advance of the meeting at which the rule will be considered and
voted upon, the Commission shall file a notice of proposed rulemaking:
(1) on the website of the Commission or other publicly accessible platform; and
(2) on the website of each member state professional counseling licensing board or other
publicly accessible platform or the publication in which each state would otherwise
publish proposed rules.
(f) The notice of proposed rulemaking shall include:
(1) the proposed time, date, and location of the meeting in which the rule will be considered
and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the Commission of their
intention to attend the public hearing and any written comments.
(g) Prior to adoption of a proposed rule, the Commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the
public.
(h) The Commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
(1) at least 25 persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association having at least 25 members.
(i) If a hearing is held on the proposed rule or amendment, the Commission shall publish
the place, time, and date of the scheduled public hearing. If the hearing is held
via electronic means, the Commission shall publish the mechanism for access to the
electronic hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director
of the Commission or other designated member in writing of their desire to appear
and testify at the hearing not less than five business days before the scheduled date
of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment
a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings will be recorded. A copy of the recording will be made available on request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the Commission at hearings required
by this section.
(j) Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the Commission shall consider all written
and oral comments received.
(k) If no written notice of intent to attend the public hearing by interested parties
is received, the Commission may proceed with promulgation of the proposed rule without
a public hearing.
(l) The Commission shall, by majority vote of all members, take final action on the proposed
rule and shall determine the effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
(m) Upon determination that an emergency exists, the Commission may consider and adopt
an emergency rule without prior notice, opportunity for comment, or hearing, provided
that the usual rulemaking procedures provided in the Compact and in this section shall
be retroactively applied to the rule as soon as reasonably possible, in no event later
than 90 days after the effective date of the rule. For the purposes of this provision,
an emergency rule is one that must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of Commission or member state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established
by federal law or rule; or
(4) protect public health and safety.
(n) The Commission or an authorized committee of the Commission may direct revisions to
a previously adopted rule or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. The revision shall be
subject to challenge by any person for a period of 30 days after posting. The revision
may be challenged only on grounds that the revision results in a material change to
a rule. A challenge shall be made in writing and delivered to the Chair of the Commission
prior to the end of the notice period. If no challenge is made, the revision will
take effect without further action. If the revision is challenged, the revision may
not take effect without the approval of the Commission. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275l. Oversight, dispute, resolution, and enforcement
(a) Oversight.
(1) The executive, legislative, and judicial branches of state government in each member
state shall enforce this Compact and take all actions necessary and appropriate to
effectuate the Compact’s purposes and intent. The provisions of this Compact and the
rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the Compact and the rules in any judicial
or administrative proceeding in a member state pertaining to the subject matter of
this Compact which may affect the powers, responsibilities, or actions of the Commission.
(3) The Commission shall be entitled to receive service of process in any such proceeding
and shall have standing to intervene in such a proceeding for all purposes. Failure
to provide service of process to the Commission shall render a judgment or order void
as to the Commission, this Compact, or promulgated rules.
(b) Default, technical assistance, and termination. If the Commission determines that
a member state has defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated rules, the Commission shall:
(1) provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default or any other action to be
taken by the Commission; and
(2) provide remedial training and specific technical assistance regarding the default.
(c) If a state in default fails to cure the default, the defaulting state may be terminated
from the Compact upon an affirmative vote of a majority of the member states, and
all rights, privileges and benefits conferred by this Compact may be terminated on
the effective date of termination. A cure of the default does not relieve the offending
state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the Compact shall be imposed only after all other means
of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the Commission to the governor, the majority and minority leaders
of the defaulting state’s legislature, and each of the member states.
(e) A state that has been terminated is responsible for all assessments, obligations,
and liabilities incurred through the effective date of termination, including obligations
that extend beyond the effective date of termination.
(f) The Commission shall not bear any costs related to a state that is found to be in
default or that has been terminated from the Compact, unless agreed upon in writing
between the Commission and the defaulting state.
(g) The defaulting state may appeal the action of the Commission by petitioning the U.S.
District Court for the District of Columbia or the federal district where the Commission
has its principal offices. The prevailing member shall be awarded all costs of such
litigation, including reasonable attorney’s fees.
(h) Dispute resolution.
(1) Upon request by a member state, the Commission shall attempt to resolve disputes related
to the Compact that arise among member states and between member and non-member states.
(2) The Commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes as appropriate.
(i) Enforcement.
(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions
and rules of this Compact.
(2) By majority vote, the Commission may initiate legal action in the United States District
Court for the District of Columbia or the federal district where the Commission has
its principal offices against a member state in default to enforce compliance with
the provisions of the Compact and its promulgated rules and bylaws. The relief sought
may include both injunctive relief and damages. In the event judicial enforcement
is necessary, the prevailing member shall be awarded all costs of such litigation,
including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission
may pursue any other remedies available under federal or State law. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275m. Date of implementation of the Counseling Compact Commission and associated rules,
withdrawal, and amendment
(a) The Compact shall come into effect on the date on which the Compact statute is enacted
into law in the tenth member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the Commission relating to assembly
and the promulgation of rules. Thereafter, the Commission shall meet and exercise
rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of
the rules shall be subject to the rules as they exist on the date on which the Compact
becomes law in that state. Any rule that has been previously adopted by the Commission
shall have the full force and effect of law on the day the Compact becomes law in
that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the
same.
(1) A member state’s withdrawal shall not take effect until six months after enactment
of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s
professional counseling licensing board to comply with the investigative and adverse
action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any
professional counseling licensure agreement or other cooperative arrangement between
a member state and a non-member state that does not conflict with the provisions of
this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall
become effective and binding upon any member state until it is enacted into the laws
of all member states. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275n. Construction and severability
This Compact shall be liberally construed so as to effectuate the purposes thereof.
The provisions of this Compact shall be severable and if any phrase, clause, sentence
or provision of this Compact is declared to be contrary to the constitution of any
member state or of the United States or the applicability thereof to any government,
agency, person, or circumstance is held invalid, the validity of the remainder of
this Compact and the applicability thereof to any government, agency, person, or circumstance
shall not be affected thereby. If this Compact shall be held contrary to the constitution
of any member state, the Compact shall remain in full force and effect as to the remaining
member states and in full force and effect as to the member state affected as to all
severable matters. (Added 2023, No. 34, § 1, eff. July 1, 2024.)
§ 3275o. Binding effect of Compact and other laws
(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 herein prevents the enforcement of any other law of a member state that is
not inconsistent 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. (Added 2023, No. 34, § 1, eff. July 1, 2024.)