§ 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.)