AB 2566: Healing arts: counseling.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-04-17
Current Status:
Failed
(2024-06-20: In committee: Hearing postponed by committee.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill creates an Interstate Counseling Compact that would let licensed professional counselors in one state practice in other states that join the compact, including by telehealth, using a single home‑state license and common education, exam, and background‑check rules. It also creates a Counseling Compact Commission to run a shared licensure and disciplinary database and to coordinate member states. In California the chapter would not take effect until the Director of Consumer Affairs certifies a majority vote of the Board of Behavioral Sciences to join, and the Legislature finds limited public access to some commission records is needed to protect privacy.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law, the Licensed Professional Clinical Counselor Act, generally governs the provision of professional clinical counseling services in the state and prohibits a person from engaging in the practice of professional clinical counseling, as defined, without a license granted by the Board of Behavioral Sciences. Existing law authorizes a person who holds a license in another jurisdiction of the United States as a professional clinical counselor to provide professional clinical counseling services in this state for a period not to exceed 30 consecutive days in any calendar year, if specified conditions are met.
This bill would enact the Interstate Counseling Compact (the Compact), the purpose of which is to facilitate interstate practice of licensed professional counselors, as specified. The Compact would come into effect on the date on which the Compact statute is enacted into law in the 10th Member State, defined as a state, commonwealth, district, or territory of the United States of America that has enacted the Compact. Under the Compact, a professional counselor licensed in a Member State would be authorized to practice professional counseling in any other Member State, as specified. The Compact would establish a joint public agency known as the Counseling Compact Commission, as a instrumentality of the Member States to administer the provisions of the Compact, as specified. The Compact would require the commission to 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. The Compact would impose certain requirements on Member States, including requiring licensees to pass a nationally recognized exam approved by the Commission, and submitting certain information regarding licensees to the data system. The bill would specify that the compact shall not become operative until the Director of Consumer Affairs certifies that a majority of the board has voted in favor of joining the compact, and would require the director to notify the Secretary of State and the Legislative Counsel Bureau of the date of that certification.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the Licensed Professional Clinical Counselor Act, generally governs the provision of professional clinical counseling services in the state and prohibits a person from engaging in the practice of professional clinical counseling, as defined, without a license granted by the Board of Behavioral Sciences. Existing law authorizes a person who holds a license in another jurisdiction of the United States as a professional clinical counselor to provide professional clinical counseling services in this state for a period not to exceed 30 consecutive days in any calendar year, if specified conditions are met.
This bill would enact the Interstate Counseling Compact (the Compact), the purpose of which is to facilitate interstate practice of licensed professional counselors, as specified. The Compact would come into effect on the date on which the Compact statute is enacted into law in the 10th Member State, defined as a state, commonwealth, district, or territory of the United States of America that has enacted the Compact. Under the Compact, a professional counselor licensed in a Member State would be authorized to practice professional counseling in any other Member State, as specified. The Compact would establish a joint public agency known as the Counseling Compact Commission, as a instrumentality of the Member States to administer the provisions of the Compact, as specified. The Compact would require the commission to 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. The Compact would impose certain requirements on Member States, including requiring licensees to pass a nationally recognized exam approved by the Commission, and submitting certain information regarding licensees to the data system.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law, the Licensed Professional Clinical Counselor Act, generally governs the provision of professional clinical counseling services in the state and prohibits a person from engaging in the practice of professional clinical counseling, as defined, without a license granted by the Board of Behavioral Sciences. Existing law authorizes a person who holds a license in another jurisdiction of the United States as a professional clinical counselor to provide professional clinical counseling services in this state for a period not to exceed 30 consecutive days in any calendar year, if specified conditions are met.
This bill would enact the Interstate Counseling Compact (the Compact), the purpose of which is to facilitate interstate practice of licensed professional counselors, as specified. The Compact would come into effect on the date on which the Compact statute is enacted into law in the 10th Member State, defined as a state, commonwealth, district, or territory of the United States of America that has enacted the Compact. Under the Compact, a professional counselor licensed in a Member State would be authorized to practice professional counseling in any other Member State, as specified. The Compact would establish a joint public agency known as the Counseling Compact Commission, as a instrumentality of the Member States to administer the provisions of the Compact, as specified. The Compact would require the commission to 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. The Compact would impose certain requirements on Member States, including requiring licensees to pass a nationally recognized exam approved by the Commission, and submitting certain information regarding licensees to the data system.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Chapter 17 (commencing with Section 4999.130) shall not become operative until the Director of Consumer Affairs certifies that a majority of the board has voted in favor of joining the compact during a regular meeting. The director shall notify the Secretary of State and the Legislative Counsel Bureau of the date of that certification.
SECTION 1.SEC. 2.Chapter 17 (commencing with Section 4999.130) is added to Division 2 of the Business and Professions Code, to read:17.Interstate Counseling Compact1.General Provisions4999.130.(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 publics 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.
(10)Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.
4999.133.As used in this Compact, and except as otherwise provided, the following definitions shall apply:
(a)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 Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
(b)Adverse action means any administrative, civil, equitable, or criminal action permitted by a states laws that is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individuals license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensees practice, or any other encumbrance on licensure affecting a Licensed Professional Counselors authorization to practice, including issuance of a cease and desist action.
(c)Alternative program means a nondisciplinary monitoring or practice remediation process approved by a Professional Counseling licensing board to address impaired practitioners.
(d)Compact means this chapter.
(e)Continuing competence or education means a requirement, as a condition of license renewal, to provide evidence of completion of educational and professional activities relevant to practice or area of work.
(f)Counseling Compact Commission or Commission means the national administrative body whose membership consists of all states that have enacted the Compact.
(g)Current significant investigative information means either of the following:
(1)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.
(2)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.
(h)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.
(i)Encumbered license means a license in which an adverse action restricts the practice of Licensed Professional Counseling by the licensee and the adverse action has been reported to the National Practitioners Data Bank (NPDB).
(j)Encumbrance means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a licensing board.
(k)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.
(l)Home State means the Member State that is the licensees primary state of residence.
(m)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.
(n)Investigative information means information, records, and documents received or generated by a Professional Counseling licensing board pursuant to an investigation.
(o)Jurisprudence requirement if required by a Member State, means the assessment of an individuals knowledge of the laws and rules governing the practice of Professional Counseling in a state.
(p)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.
(q)Licensee means an individual who currently holds an authorization from the state to practice as a Licensed Professional Counselor.
(r)Licensing board means the agency of a state, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors.
(s)Member State means a state that has enacted the Compact.
(t)Privilege to Practice means a legal authorization, that is equivalent to a license, permitting the practice of Professional Counseling in a Remote State.
(u)Professional Counseling means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.
(v)Remote State means a Member State other than the Home State, where a licensee is exercising or seeking to exercise the Privilege to Practice.
(w)Rule means a regulation adopted by the Commission that has the force of law.
(x)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.
(y)State means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling.
(z)Telehealth means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.
(aa)Unencumbered license means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.
2.State Participation in the Compact4999.140.(a)To participate in the Compact, a State shall 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) masters 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.
(J)Other areas as determined by the Commission.
(4)Require licensees to complete a supervised postgraduate professional experience as defined by the Commission.
(5)Have a mechanism in place for receiving and investigating complaints about licensees.
(b)A Member State shall do all of the following:
(1)Participate fully in the Commissions data system, including using the Commissions 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 applicants criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that states 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 Public Law 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 States 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 States 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 States 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.
3.Privilege to Practice4999.150.(a)To exercise the Privilege to Practice pursuant to the terms and provisions of the Compact, a licensee shall do all of the following:
(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 subdivisions (d), (g), and (h).
(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 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.
(9)Report to the Commission any adverse action, encumbrance, or restriction on a license taken by any non-Member State within 30 days from the date that 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 subdivision (a) 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 states regulatory authority. A Remote State may, in accordance with due process and that states laws, remove a licensees 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 both of the following occur:
(1)The Home State license is no longer encumbered.
(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 shall meet the requirements of subdivision (a) to obtain a Privilege to Practice in any Remote State.
(g)If a licensees Privilege to Practice in any Remote State is removed, the individual may lose the Privilege to Practice in all other Remote States until all of 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.
(3)The licensee has not had any encumbrance or restriction against any license or Privilege to Practice within the previous two years.
(h)Once the requirements of subdivision (g) have been met, the licensee shall meet the requirements in subdivision (a) to obtain a Privilege to Practice in a Remote State.
4999.153.(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, all of the following shall occur:
(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 4999.150 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 Public Law 92-544.
(B)Other criminal background check as required by the new Home State.
(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 4999.150, 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 licensees 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.
4999.155.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. After 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 4999.153.
4999.157.(a)Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 4999.140 and pursuant to rules adopted 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 adopted 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.
4999.159.(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 do all of the following:
(1)Take adverse action against a Licensed Professional Counselors Privilege to Practice within that Member State.
(2)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.
(3)Only the Home State shall have the power to take adverse action against a Licensed Professional Counselors 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)(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.
(3)If adverse action is taken by the Home State against the license of a Licensed Professional Counselor, the Licensed Professional Counselors 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 Counselors Privilege to Practice is deactivated in all Member States during the pendency of the order.
(4)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.
(5)Nothing in this Compact shall override a Member States decision that participation in an alternative program may be used in lieu of adverse action.
4.Counseling Compact Commission4999.160.(a)The Member States hereby create and establish a joint public agency known as the Counseling Compact Commission.
(1)The Commission is an instrumentality of the Member 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)(1)Each Member State shall have and be limited to one delegate selected by that Member States licensing board.
(2)The delegate shall be either of the following:
(A)A current member of the licensing board at the time of appointment, who is a Licensed Professional Counselor or public member.
(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.
(c)The Member State licensing board shall fill any vacancy occurring on the Commission within 60 days.
(d)(1)Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
(2)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.
(e)The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(f)The Commission shall by rule establish a term of office for delegates and may by rule establish term limits.
4999.163.The commission shall have all of the following powers and duties:
(a)Establish the fiscal year of the Commission.
(b)Establish bylaws.
(c)Maintain its financial records in accordance with the bylaws.
(d)Meet and take those actions as are consistent with the provisions of this Compact and the bylaws.
(e)Adopt rules that shall be binding to the extent and in the manner provided for in the Compact.
(f)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.
(g)Purchase and maintain insurance and bonds.
(h)Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State.
(i)Hire employees, elect or appoint officers, fix compensation, define duties, grant those individuals appropriate authority to carry out the purposes of the Compact, and establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(j)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.
(k)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.
(l)Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(m)Establish a budget and make expenditures.
(n)Borrow money.
(o)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.
(p)Provide and receive information from, and cooperate with, law enforcement agencies.
(q)Establish and elect an executive committee.
(r)Perform 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.
4999.165.(a)The executive committee shall have the power to act on behalf of the commission according to the terms of this Compact.
(b)The executive committee shall be composed of up to 11 members, as follows:
(1)Seven voting members who are elected by the Commission from the current membership of the Commission.
(2)Up to four (4) ex officio, nonvoting members from four recognized national professional counselor organizations selected by their respective organizations.
(c)The Commission may remove any member of the executive committee as provided in bylaws.
(d)The executive committee shall meet at least annually.
(e)The executive committee shall have all of the following duties and responsibilities:
(1)Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact, legislation, fees paid by Member States, such as annual dues, and any Commission Compact fee charged to licensees for the Privilege to Practice.
(2)Ensure Compact administration services are appropriately provided, contractual or otherwise.
(3)Prepare and recommend the budget.
(4)Maintain financial records on behalf of the Commission.
(5)Monitor Compact compliance of Member States and provide compliance reports to the Commission.
(6)Establish additional committees as necessary.
(7)Other duties as provided in rules or bylaws.
4999.167.(a)Meetings of the Commission 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 4999.173.
(b)The Commission or the executive committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or executive committee or other committees of the Commission must discuss any of the following:
(1)Noncompliance of a Member State with its obligations under the Compact.
(2)The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees, or other matters related to the Commissions internal personnel practices and procedures.
(3)Current, threatened, or reasonably anticipated litigation.
(4)Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
(5)Accusing any person of a crime or formally censuring any person.
(6)Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
(7)Disclosure of information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy.
(8)Disclosure of investigative records compiled for law enforcement purposes.
(9)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.
(10)Matters specifically exempted from disclosure by federal or Member State statute.
(c)If a meeting, or portion of a meeting, is closed pursuant to this section, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(d)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 the 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.
4999.169.(a)The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b)The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(c)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 adopt a rule binding upon all Member States.
(d)The Commission shall not incur obligations of any kind before 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.
(e)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.
4999.170.(a)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.
(b)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 their own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that persons intentional or willful or wanton misconduct.
(c)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 the 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.
4999.173.(a)The Commission shall adopt reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event that 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 that 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 the 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)Before 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, on both of the following:
(1)The website of the Commission or other publicly accessible platform.
(2)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 all of the following:
(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.
(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)Before 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 the following:
(1)At least 25 persons.
(2)A state or federal governmental subdivision or agency.
(3)An association having at least 25 members.
(i)(1)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.
(2)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.
(3)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.
(4)All hearings shall be recorded. A copy of the recording shall be made available on request.
(5)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 adoption 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 do any of the following:
(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 adoption of an administrative rule that is established by federal law or rule.
(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 before the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the Commission.
5.Data System4999.175.(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 dataset to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including all of the following:
(1)Identifying information.
(2)Licensure data.
(3)Adverse actions against a license or Privilege to Practice.
(4)Nonconfidential information related to alternative program participation.
(5)Any denial of application for licensure, and the reason or reasons for the denial.
(6)Current significant investigative information.
(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 shall 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 shall be available to any other Member State.
(e)Member States contributing information to the data system may designate information that shall 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.
6.Oversight, Dispute Resolution, and Enforcement4999.180.(a)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 Compacts purposes and intent. The provisions of this Compact and the rules adopted hereunder shall have standing as statutory law.
(b)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 that may affect the powers, responsibilities, or actions of the Commission.
(c)The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in the 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 adopted rules.
4999.183.(a)If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the adopted rules, the Commission shall do both of the following:
(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.
(2)Provide remedial training and specific technical assistance regarding the default.
(b)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.
(c)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 states legislature, and each of the Member States.
(d)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.
(e)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.
(f)The defaulting state may appeal the action of the Commission by petitioning the United States 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 the litigation, including reasonable attorneys fees.
4999.185.(a)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.
(b)The Commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
4999.187.(a)The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
(b)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 adopted rules and bylaws.
(c) 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 the litigation, including reasonable attorneys fees.
(d)The remedies described in this section shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
7.Implementation, Withdrawal, and Amendment4999.190.(a)The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th 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 adoption 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 after the Commissions 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.
4999.193.(a)Any Member State may withdraw from this Compact by enacting a statute repealing the same.
(b)A Member States withdrawal shall not take effect until six months after enactment of the repealing statute.
(c)Withdrawal shall not affect the continuing requirement of the withdrawing states professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act before the effective date of withdrawal.
4999.195.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.
4999.197.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.
4999.198.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 is 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.
4999.199.(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 that are 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 adopted 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 that 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.
SEC. 2.SEC. 3.The Legislature finds and declares that Section 1 of this act, which adds Chapter 17 (commencing with Section 4999.130) to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy rights of individuals, it is necessary that this act limit the publics right of access to that information.
(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 publics 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.
(10)Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.
4999.133.As used in this Compact, and except as otherwise provided, the following definitions shall apply:
(a)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 Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
(b)Adverse action means any administrative, civil, equitable, or criminal action permitted by a states laws that is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individuals license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensees practice, or any other encumbrance on licensure affecting a Licensed Professional Counselors authorization to practice, including issuance of a cease and desist action.
(c)Alternative program means a nondisciplinary monitoring or practice remediation process approved by a Professional Counseling licensing board to address impaired practitioners.
(d)Compact means this chapter.
(e)Continuing competence or education means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, of educational and professional activities relevant to practice or area of work.
(f)Counseling Compact Commission or Commission means the national administrative body whose membership consists of all states that have enacted the Compact.
(g)Current significant investigative information means either of the following:
(1)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.
(2)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.
(h)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.
(i)Encumbered license means a license in which an adverse action restricts the practice of Licensed Professional Counseling by the licensee and the adverse action has been reported to the National Practitioners Data Bank (NPDB).
(j)Encumbrance means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a licensing board.
(k)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.
(l)Home State means the Member State that is the licensees primary state of residence.
(m)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.
(n)Investigative information means information, records, and documents received or generated by a Professional Counseling licensing board pursuant to an investigation.
(o)Jurisprudence requirement if required by a Member State, means the assessment of an individuals knowledge of the laws and rules governing the practice of Professional Counseling in a state.
(p)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.
(q)Licensee means an individual who currently holds an authorization from the state to practice as a Licensed Professional Counselor.
(r)Licensing board means the agency of a state, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors.
(s)Member State means a state that has enacted the Compact.
(t)Privilege to Practice means a legal authorization, that is equivalent to a license, permitting the practice of Professional Counseling in a Remote State.
(u)Professional Counseling means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.
(v)Remote State means a Member State other than the Home State, where a licensee is exercising or seeking to exercise the Privilege to Practice.
(w)Rule means a regulation adopted by the Commission that has the force of law.
(x)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.
(y)State means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling.
(z)Telehealth means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.
(aa)Unencumbered license means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.
2.State Participation in the Compact4999.140.(a)To participate in the Compact, a State shall 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) masters 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 valuation. evaluation.
(J)Other areas as determined by the Commission.
(4)Require licensees to complete a supervised postgraduate professional experience as defined by the Commission.
(5)Have a mechanism in place for receiving and investigating complaints about licensees.
(b)A Member State shall do all of the following:
(1)Participate fully in the Commissions data system, including using the Commissions 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 applicants criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that states 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 Public Law 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 States 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 States 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 States 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.
3.Privilege to Practice4999.150.(a)To exercise the Privilege to Practice pursuant to the terms and provisions of the Compact, a licensee shall do all of the following:
(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 subdivisions (d), (g), and (h).
(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 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.
(9)Report to the Commission any adverse action, encumbrance, or restriction on a license taken by any non-Member State within 30 days from the date that 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 subdivision (a) 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 states regulatory authority. A Remote State may, in accordance with due process and that states laws, remove a licensees 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 both of the following occur:
(1)The Home State license is no longer encumbered.
(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 shall meet the requirements of subdivision (a) to obtain a Privilege to Practice in any Remote State.
(g)If a licensees Privilege to Practice in any Remote State is removed, the individual may lose the Privilege to Practice in all other Remote States until all of 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.
(3)The licensee has not had any encumbrance or restriction against any license or Privilege to Practice within the previous two years.
(h)Once the requirements of subdivision (g) have been met, the licensee shall meet the requirements in subdivision (a) to obtain a Privilege to Practice in a Remote State.
4999.153.(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, all of the following shall occur:
(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 4999.150 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 Public Law 92-544.
(B)Other criminal background check as required by the new Home State.
(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 4999.150, 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 licensees 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.
4999.155.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. After 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 4999.153.
4999.157.(a)Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 4999.140 and pursuant to rules adopt adopted 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 adopted 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.
4999.159.(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 do all of the following:
(1)Take adverse action against a Licensed Professional Counselors Privilege to Practice within that Member State.
(2)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.
(3)Only the Home State shall have the power to take adverse action against a Licensed Professional Counselors 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)(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.
(3)If adverse action is taken by the Home State against the license of a Licensed Professional Counselor, the Licensed Professional Counselors 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 Counselors Privilege to Practice is deactivated in all Member States during the pendency of the order.
(4)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.
(5)Nothing in this Compact shall override a Member States decision that participation in an alternative program may be used in lieu of adverse action.
4.Counseling Compact Commission4999.160.(a)The Member States hereby create and establish a joint public agency known as the Counseling Compact Commission.
(1)The Commission is an instrumentality of the Member 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 judicial 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)(1)Each Member State shall have and be limited to one delegate selected by that Member States licensing board.
(2)The delegate shall be either of the following:
(A)A current member of the licensing board at the time of appointment, who is a Licensed Professional Counselor or public member.
(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.
(c)The Member State licensing board shall fill any vacancy occurring on the Commission within 60 days.
(d)(1)Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
(2)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.
(e)The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(f)The Commission shall by rule establish a term of office for delegates and may by rule establish term limits.
4999.163.The commission shall have all of the following powers and duties:
(a)Establish the fiscal year of the Commission.
(b)Establish bylaws.
(c)Maintain its financial records in accordance with the bylaws.
(d)Meet and take those actions as are consistent with the provisions of this Compact and the bylaws.
(e)Adopt rules that shall be binding to the extent and in the manner provided for in the Compact.
(f)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.
(g)Purchase and maintain insurance and bonds.
(h)Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State.
(i)Hire employees, elect or appoint officers, fix compensation, define duties, grant those individuals appropriate authority to carry out the purposes of the Compact, and establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(j)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.
(k)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.
(l)Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(m)Establish a budget and make expenditures.
(n)Borrow money.
(o)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.
(p)Provide and receive information from, and cooperate with, law enforcement agencies.
(q)Establish and elect an executive committee.
(r)Perform 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.
4999.165.(a)The executive committee shall have the power to act on behalf of the commission according to the terms of this Compact.
(b)The executive committee shall be composed of up to 11 members, as follows:
(1)Seven voting members who are elected by the Commission from the current membership of the Commission.
(2)Up to four (4) ex officio, nonvoting members from four recognized national professional counselor organizations selected by their respective organizations.
(c)The Commission may remove any member of the executive committee as provided in bylaws.
(d)The executive committee shall meet at least annually.
(e)The executive committee shall have the all of the following duties and responsibilities:
(1)Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact, legislation, fees paid by Member States, such as annual dues, and any Commission Compact fee charged to licensees for the Privilege to Practice.
(2)Ensure Compact administration services are appropriately provided, contractual or otherwise.
(3)Prepare and recommend the budget.
(4)Maintain financial records on behalf of the Commission.
(5)Monitor Compact compliance of Member States and provide compliance reports to the Commission.
(6)Establish additional committees as necessary.
(7)Other duties as provided in rules or bylaws.
4999.167.(a)Meetings of the Commission 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 4999.173.
(b)The Commission or the executive committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or executive committee or other committees of the Commission must discuss any of the following:
(1)Noncompliance of a Member State with its obligations under the Compact.
(2)The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees, or other matters related to the Commissions internal personnel practices and procedures.
(3)Current, threatened, or reasonably anticipated litigation.
(4)Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
(5)Accusing any person of a crime or formally censuring any person.
(6)Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
(7)Disclosure of information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy.
(8)Disclosure of investigative records compiled for law enforcement purposes.
(9)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.
(10)Matters specifically exempted from disclosure by federal or Member State statute.
(c)If a meeting, or portion of a meeting, is closed pursuant to this section, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(d)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 the 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.
4999.169.(a)The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b)The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(c)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 adopt a rule binding upon all Member States.
(d)The Commission shall not incur obligations of any kind before 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.
(e)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.
4999.170.(a)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.
(b)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 their own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that persons intentional or willful or wanton misconduct.
(c)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 the 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.
4999.173.(a)The Commission shall adopt reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event that 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 that 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 the 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)Before 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, on both of the following:
(1)The website of the Commission or other publicly accessible platform.
(2)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 all of the following:
(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.
(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)Before 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 the following:
(1)At least 25 persons.
(2)A state or federal governmental subdivision or agency.
(3)An association having at least 25 members.
(i)(1)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.
(2)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.
(3)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.
(4)All hearings shall be recorded. A copy of the recording shall be made available on request.
(5)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 adoption 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 do any of the following:
(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 adoption of an administrative rule that is established by federal law or rule.
(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 before the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the Commission.
5.Data System4999.175.(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 dataset to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including all of the following:
(1)Identifying information.
(2)Licensure data.
(3)Adverse actions against a license or Privilege to Practice.
(4)Nonconfidential information related to alternative program participation.
(5)Any denial of application for licensure, and the reason or reasons for the denial.
(6)Current significant investigative information.
(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 shall 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 shall be available to any other Member State.
(e)Member States contributing information to the data system may designate information that shall 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.
6.Oversight, Dispute Resolution, and Enforcement4999.180.(a)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 Compacts purposes and intent. The provisions of this Compact and the rules adopted hereunder shall have standing as statutory law.
(b)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 that may affect the powers, responsibilities, or actions of the Commission.
(c)The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in the 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 adopted rules.
4999.183.(a)If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the adopted rules, the Commission shall do both of the following:
(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.
(2)Provide remedial training and specific technical assistance regarding the default.
(b)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.
(c)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 states legislature, and each of the Member States.
(d)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.
(e)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.
(f)The defaulting state may appeal the action of the Commission by petitioning the United States 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 the litigation, including reasonable attorneys fees.
4999.185.(a)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.
(b)The Commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
4999.187.(a)The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
(b)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 adopted rules and bylaws.
(c) 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 the litigation, including reasonable attorneys fees.
(d)The remedies described in this section shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
7.Implementation, Withdrawal, and Amendment4999.190.(a)The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th 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 adoption 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 after the Commissions 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.
4999.193.(a)Any Member State may withdraw from this Compact by enacting a statute repealing the same.
(b)A Member States withdrawal shall not take effect until six months after enactment of the repealing statute.
(c)Withdrawal shall not affect the continuing requirement of the withdrawing states professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act before the effective date of withdrawal.
4999.195.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.
4999.197.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.
4999.198.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 is 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.
4999.199.(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 that are 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 adopted 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 that 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.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Chapter 17 (commencing with Section 4999.130) to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy rights of individuals, it is necessary that this act limit the publics right of access to that information.
(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 publics 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.
(10)Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.
4999.133.As used in this Compact, and except as otherwise provided, the following definitions shall apply:
(a)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 Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
(b)Adverse action means any administrative, civil, equitable, or criminal action permitted by a states laws that is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individuals license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensees practice, or any other encumbrance on licensure affecting a Licensed Professional Counselors authorization to practice, including issuance of a cease and desist action.
(c)Alternative program means a nondisciplinary monitoring or practice remediation process approved by a Professional Counseling licensing board to address impaired practitioners.
(d)Compact means this chapter.
(e)Continuing competence or education means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work.
(f)Counseling Compact Commission or Commission means the national administrative body whose membership consists of all states that have enacted the Compact.
(g)Current significant investigative information means either of the following:
(1)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.
(2)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.
(h)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.
(i)Encumbered license means a license in which an adverse action restricts the practice of Licensed Professional Counseling by the licensee and the adverse action has been reported to the National Practitioners Data Bank (NPDB).
(j)Encumbrance means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a licensing board.
(k)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.
(l)Home State means the Member State that is the licensees primary state of residence.
(m)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.
(n)Investigative information means information, records, and documents received or generated by a Professional Counseling licensing board pursuant to an investigation.
(o)Jurisprudence requirement if required by a Member State, means the assessment of an individuals knowledge of the laws and rules governing the practice of Professional Counseling in a state.
(p)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.
(q)Licensee means an individual who currently holds an authorization from the state to practice as a Licensed Professional Counselor.
(r)Licensing board means the agency of a state, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors.
(s)Member State means a state that has enacted the Compact.
(t)Privilege to Practice means a legal authorization, that is equivalent to a license, permitting the practice of Professional Counseling in a Remote State.
(u)Professional Counseling means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.
(v)Remote State means a Member State other than the Home State, where a licensee is exercising or seeking to exercise the Privilege to Practice.
(w)Rule means a regulation adopted by the Commission that has the force of law.
(x)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.
(y)State means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling.
(z)Telehealth means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.
(aa)Unencumbered license means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.
2.State Participation in the Compact4999.140.(a)To participate in the Compact, a State shall 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) masters 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 valuation.
(J)Other areas as determined by the Commission.
(4)Require licensees to complete a supervised postgraduate professional experience as defined by the Commission.
(5)Have a mechanism in place for receiving and investigating complaints about licensees.
(b)A Member State shall do all of the following:
(1)Participate fully in the Commissions data system, including using the Commissions 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 applicants criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that states 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 Public Law 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 States 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 States 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 States 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.
3.Privilege to Practice4999.150.(a)To exercise the Privilege to Practice pursuant to the terms and provisions of the Compact, a licensee shall do all of the following:
(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 subdivisions (d), (g), and (h).
(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 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.
(9)Report to the Commission any adverse action, encumbrance, or restriction on a license taken by any non-Member State within 30 days from the date that 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 subdivision (a) 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 states regulatory authority. A Remote State may, in accordance with due process and that states laws, remove a licensees 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 both of the following occur:
(1)The Home State license is no longer encumbered.
(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 shall meet the requirements of subdivision (a) to obtain a Privilege to Practice in any Remote State.
(g)If a licensees Privilege to Practice in any Remote State is removed, the individual may lose the Privilege to Practice in all other Remote States until all of 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.
(3)The licensee has not had any encumbrance or restriction against any license or Privilege to Practice within the previous two years.
(h)Once the requirements of subdivision (g) have been met, the licensee shall meet the requirements in subdivision (a) to obtain a Privilege to Practice in a Remote State.
4999.153.(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, all of the following shall occur:
(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 4999.150 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 Public Law 92-544.
(B)Other criminal background check as required by the new Home State.
(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 4999.150, 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 licensees 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.
4999.155.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. After 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 4999.153.
4999.157.(a)Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 4999.140 and pursuant to rules adopt 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 adopted 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.
4999.159.(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 do all of the following:
(1)Take adverse action against a Licensed Professional Counselors Privilege to Practice within that Member State.
(2)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.
(3)Only the Home State shall have the power to take adverse action against a Licensed Professional Counselors 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)(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.
(3)If adverse action is taken by the Home State against the license of a Licensed Professional Counselor, the Licensed Professional Counselors 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 Counselors Privilege to Practice is deactivated in all Member States during the pendency of the order.
(4)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.
(5)Nothing in this Compact shall override a Member States decision that participation in an alternative program may be used in lieu of adverse action.
4.Counseling Compact Commission4999.160.(a)The Member States hereby create and establish a joint public agency known as the Counseling Compact Commission.
(1)The Commission is an instrumentality of the Member 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 judicial 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)(1)Each Member State shall have and be limited to one delegate selected by that Member States licensing board.
(2)The delegate shall be either of the following:
(A)A current member of the licensing board at the time of appointment, who is a Licensed Professional Counselor or public member.
(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.
(c)The Member State licensing board shall fill any vacancy occurring on the Commission within 60 days.
(d)(1)Each delegate shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
(2)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.
(e)The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(f)The Commission shall by rule establish a term of office for delegates and may by rule establish term limits.
4999.163.The commission shall have all of the following powers and duties:
(a)Establish the fiscal year of the Commission.
(b)Establish bylaws.
(c)Maintain its financial records in accordance with the bylaws.
(d)Meet and take those actions as are consistent with the provisions of this Compact and the bylaws.
(e)Adopt rules that shall be binding to the extent and in the manner provided for in the Compact.
(f)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.
(g)Purchase and maintain insurance and bonds.
(h)Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State.
(i)Hire employees, elect or appoint officers, fix compensation, define duties, grant those individuals appropriate authority to carry out the purposes of the Compact, and establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(j)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.
(k)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.
(l)Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(m)Establish a budget and make expenditures.
(n)Borrow money.
(o)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.
(p)Provide and receive information from, and cooperate with, law enforcement agencies.
(q)Establish and elect an executive committee.
(r)Perform 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.
4999.165.(a)The executive committee shall have the power to act on behalf of the commission according to the terms of this Compact.
(b)The executive committee shall be composed of up to 11 members, as follows:
(1)Seven voting members who are elected by the Commission from the current membership of the Commission.
(2)Up to four (4) ex officio, nonvoting members from four recognized national professional counselor organizations selected by their respective organizations.
(c)The Commission may remove any member of the executive committee as provided in bylaws.
(d)The executive committee shall meet at least annually.
(e)The executive committee shall have the all of the following duties and responsibilities:
(1)Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact, legislation, fees paid by Member States, such as annual dues, and any Commission Compact fee charged to licensees for the Privilege to Practice.
(2)Ensure Compact administration services are appropriately provided, contractual or otherwise.
(3)Prepare and recommend the budget.
(4)Maintain financial records on behalf of the Commission.
(5)Monitor Compact compliance of Member States and provide compliance reports to the Commission.
(6)Establish additional committees as necessary.
(7)Other duties as provided in rules or bylaws.
4999.167.(a)Meetings of the Commission 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 4999.173.
(b)The Commission or the executive committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or executive committee or other committees of the Commission must discuss any of the following:
(1)Noncompliance of a Member State with its obligations under the Compact.
(2)The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees, or other matters related to the Commissions internal personnel practices and procedures.
(3)Current, threatened, or reasonably anticipated litigation.
(4)Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
(5)Accusing any person of a crime or formally censuring any person.
(6)Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
(7)Disclosure of information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy.
(8)Disclosure of investigative records compiled for law enforcement purposes.
(9)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.
(10)Matters specifically exempted from disclosure by federal or Member State statute.
(c)If a meeting, or portion of a meeting, is closed pursuant to this section, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(d)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 the 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.
4999.169.(a)The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b)The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(c)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 adopt a rule binding upon all Member States.
(d)The Commission shall not incur obligations of any kind before 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.
(e)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.
4999.170.(a)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.
(b)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 their own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that persons intentional or willful or wanton misconduct.
(c)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 the 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.
4999.173.(a)The Commission shall adopt reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event that 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 that 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 the 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)Before 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, on both of the following:
(1)The website of the Commission or other publicly accessible platform.
(2)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 all of the following:
(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.
(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)Before 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 the following:
(1)At least 25 persons.
(2)A state or federal governmental subdivision or agency.
(3)An association having at least 25 members.
(i)(1)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.
(2)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.
(3)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.
(4)All hearings shall be recorded. A copy of the recording shall be made available on request.
(5)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 adoption 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 do any of the following:
(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 adoption of an administrative rule that is established by federal law or rule.
(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 before the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the Commission.
5.Data System4999.175.(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 all of the following:
(1)Identifying information.
(2)Licensure data.
(3)Adverse actions against a license or Privilege to Practice.
(4)Nonconfidential information related to alternative program participation.
(5)Any denial of application for licensure, and the reason or reasons for the denial.
(6)Current significant investigative information.
(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 shall 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 shall be available to any other Member State.
(e)Member States contributing information to the data system may designate information that shall 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.
6.Oversight, Dispute Resolution, and Enforcement4999.180.(a)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 Compacts purposes and intent. The provisions of this Compact and the rules adopted hereunder shall have standing as statutory law.
(b)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 that may affect the powers, responsibilities, or actions of the Commission.
(c)The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in the 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 adopted rules.
4999.183.(a)If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the adopted rules, the Commission shall do both of the following:
(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.
(2)Provide remedial training and specific technical assistance regarding the default.
(b)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.
(c)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 states legislature, and each of the Member States.
(d)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.
(e)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.
(f)The defaulting state may appeal the action of the Commission by petitioning the United States 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 the litigation, including reasonable attorneys fees.
4999.185.(a)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.
(b)The Commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
4999.187.(a)The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
(b)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 adopted rules and bylaws.
(c) 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 the litigation, including reasonable attorneys fees.
(d)The remedies described in this section shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
7.Implementation, Withdrawal, and Amendment4999.190.(a)The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th 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 adoption 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 after the Commissions 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.
4999.193.(a)Any Member State may withdraw from this Compact by enacting a statute repealing the same.
(b)A Member States withdrawal shall not take effect until six months after enactment of the repealing statute.
(c)Withdrawal shall not affect the continuing requirement of the withdrawing states professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act before the effective date of withdrawal.
4999.195.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.
4999.197.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.
4999.198.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 is 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.
4999.199.(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 that are 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 adopted 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 that 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.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Chapter 17 (commencing with Section 4999.130) to the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy rights of individuals, it is necessary that this act limit the publics right of access to that information.
|
Date
|
Status
|
|---|---|
| Jun 20, 2024 | In committee: Hearing postponed by committee. |
| Jun 5, 2024 | Referred to Coms. on B., P. & E. D. and JUD. |
| May 24, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 5631.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 15. Noes 0.) (May 16). |
| May 1, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 18, 2024 | Re-referred to Com. on APPR. |
| Apr 17, 2024 | Read second time and amended. |
| Apr 16, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (April 16). |
| Apr 9, 2024 | Re-referred to Com. on B. & P. |
| Apr 8, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 4, 2024 | Referred to Com. on B. & P. |
| Feb 15, 2024 | From printer. May be heard in committee March 16. |
| Feb 14, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 23, 2024 | AB 2566 Wilson Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 16, 2024 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| ATA Action | ** Support | |
| California Association for Licensed Professional Clinical Counselors | * Support | Apr 16, 2024 |
| Kaiser Permanente | * Support | Apr 16, 2024 |
| Steinberg Institute | ** Support |
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Angelique Ashby, Chair
2023 - 2024 Regular
Bill No: AB 2566 Hearing Date: June 24, 2024
Author: | Wilson | ||
Version: | April 17, 2024 > | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Elissa Silva | ||
Subject: Healing arts: counseling
SUMMARY:
Enacts the Licensed Professional Clinical Counselor (LPCC) Compact upon certification from the Director of the Department of Consumer Affairs (DCA) that a majority of the Board of Behavioral Sciences (BBS) has voted in favor of joining the Compact, as specified.
Existing law:
- Establishes the BBS under the jurisdiction of the DCA to license and regulate marriage and family therapists, clinical social workers, educational psychologists and professional clinical counselors, as specified. (Business and Professions Code (BPC) § )
- Specifies the composition of the board to include two state licensed clinical social workers, one state licensed educational psychologist; one state licensed professional clinical counselor; and seven public members, all of who must be residents of California. (BPC § 4990(a))
- Requires each licensed member of the board to have at least two years of experience in their profession. (BPC § 4990(b))
- Specifies that the Governor to appoint five of the public members and the six licensed members with the advice and consent of the Senate, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member and each member of the board is appointed for a term of four years. (BPC § 4990(d)(e)
- Requires the BBS to keep an accurate record of all of its proceedings and a record of all applicants for licensure and all individuals whom it has issued a license. (BPC § 4990.08)
- States that protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (BPC §4990.16)
- Subject the BBS to sunset review and sunsets the BBS on January 1, 2026.
- Defines “professional clinical counseling” to mean the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the coursework and training required. (BPC § 4999.20(a)(1))
- Specifies that professional clinical counseling includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed, rational decisions; and, professional clinical counseling is focused exclusively on the application of counseling interventions and psychotherapeutic techniques for the purposes of improving mental health, and is not intended to capture other, nonclinical forms of counseling for the purposes of licensure. (BPC § 4999.20(a)(2)(3))
- Authorizes a person who holds a license in another jurisdiction of the United States as a LPCC to provide clinical counselor services in this state for a period not to exceed 30 consecutive days in any calendar years, if all of the following conditions are met:
- The license from the jurisdiction is at the highest level for independent clinical practice in the jurisdiction in which the license was granted;
- The license from another jurisdiction is current, active, and unrestricted;
- The client is located in California during the time the person seeks to provide care in California;
- The client is a current client of the person and has an established, on-going client-provider relationship with the person at the time the client became located in California;
- The person informs the client of the limited timeframe of the services and that the person is not licensed in California.
- The person provides the client with the Board of Behavioral Sciences’ internet website address;
- The person informs the client of the jurisdiction in which the person is licensed and the type of license held and provides the client with the person’s license number. (BPC § 4999.23(a))
- The license from the jurisdiction is at the highest level for independent clinical practice in the jurisdiction in which the license was granted;
- Requires a person licensed outside of CA who intends to provide professional clinical counseling pursuant to 10) above to provide specified information to the BBS including the jurisdiction the person is licensed in, the type of license held and the license number, among others. (BPC § 4999.23(b))
- States that nothing in LPCC practice act restricts or prevents activities of a psychotherapeutic or counseling nature on the part of persons employed by accredited or state-approved academic institutions, public schools, government agencies, or nonprofit institutions who train graduate students pursuing a degree that qualifies for professional clinical counselor licensure at an accredited or state-approved college or university, provided that these activities and services constitute a part of a supervised course of study and that those persons are designated by a title such as “clinical counselor trainee” or other title clearly indicating the training status appropriate to the level of training.
- Requires boards under the DCA to expedite the initial licensure process for an applicant who has served as an active duty member of the Armed Forces of the United States and was honorably discharged. (BPC § 115.4)
- Requires boards under the DCA to expedite the licensure process for an applicant who is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders; and who holds a current license in another state in the profession or vocation for which they are seeking a license from the board. (BPC § 115.5)
- Requires boards under the DCA to grant temporary licenses to applicants who are married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces and who holds a current, active, and unrestricted license in another state. (BPC § 115.6)
This bill:
- States that the California’s participation in the Compact does not become operative until the Director of Consumer Affairs certifies that a majority of the BBS has voted in favor of joining the Compact during a regular meeting.
- States that the purpose of the Interstate Counseling Compact (Compact) is to facilitate interstate practice of LPCCs 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 state to protect public health and safety through the current system of state licensure.
- States that the Compact is designed to achieve the following objectives:
- Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses.
- Enhances the state’s ability to protect the public’s health and safety.
- Encourage the cooperation of member states in regulating multistate practice for LPCCs.
- Support spouses of relocating active duty military personnel
- Enhance the exchange of licensure, investigative, and disciplinary information among member states.
- Allow for the use of telehealth technology to facilitate increase access to professional counseling services.
- Support the uniformity of professional counseling licensure requirements throughout states to promote public safety and public health benefits.
- Invest all member states with the authority to hold a LPCC 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.
- Eliminate the necessity for licenses in multiple states.
- Provide opportunities for interstate practice by LPCCs who meet uniform licensure requirements.
- Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses.
- Requires a state, to practice in the Compact, to currently:
- License and regulate Licensed Professional Counselors
- Require licensees to pass a nationally recognized exam approved by the Commission.
- 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:
- Professional counseling orientation and ethical practice.
- Social and cultural diversity.
- Human growth and development.
- Career development.
- Counseling and helping relationships.
- Group counseling and group work.
- Diagnosis and treatment.
- Assessment and testing.
- Research and program evaluation.
- Other areas as determined by the Commission.
- Professional counseling orientation and ethical practice.
- Require licensees to complete a supervised postgraduate professional experience as defined by the Commission.
- Have a mechanism in place for receiving and investigating complaints about licensees.
- License and regulate Licensed Professional Counselors
- Requires a member state to do all of the following:
- 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 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 Public Law 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.
- Authorizes member states to charge a fee for granting the privilege to practice.
- 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.
- Establishes the requiuremments a licensee must abide by in order to exercise the privledge to practice pursuant to the provisions of the Compact to include the following:
- 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 subdivisions (d), (g), and (h).
- (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 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.
- (9) Report to the Commission any adverse action, encumbrance, or restriction on a license taken by any non-Member State within 30 days from the date that the action is taken.
- (b)States that the Privilege to Practice is valid until the expiration date of the Home State license. The licensee must comply with the requirements of subdivision (a) to maintain the Privilege to Practice in the Remote State.
- (c) Requires 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, and specifies that 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.
- Makes a Home State license is encumbered, and the licensee lose the Privilege to Practice in any Remote State until both of the following occur:
- (1) The Home State license is no longer encumbered.
- (2) Have not had any encumbrance or restriction against any license or Privilege to Practice within the previous two years.
- (f) States that once an encumbered license in the Home State is restored to good standing, the licensee shall meet the requirements of subdivision (a) to obtain a Privilege to Practice in any Remote State.
- Requires a licensee to lose the Privilege to Practice in all other Remote States if a licensee’s Privilege to Practice in any Remote State is removed, until all of 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.
- (3) The licensee has not had any encumbrance or restriction against any license or Privilege to Practice within the previous two years.
- (h) Once the requirements of subdivision (g) have been met, the licensee shall meet the requirements in subdivision (a) to obtain a Privilege to Practice in a Remote State.
- Specifies that a LPCC may only hold a home state license, in one state at a time.
- Establishes requirements a LPCC must follow if the LPCC changes primary residence by moving between two member states, as specified, but is not required to provide primary source verification except for FBI fingerprint-based criminal background check, as specified, or any state level background check requirement or jurisprudence requirement. .
- Authorizes a homestate to apply its requirements for issuing a new single state license, if a LPCC cannot meet the requirements to practice under the Compact.
- States that nothing in the Compact interferes with a licensee’s ability to hold a single state license in multiple states; however for purposes of the Compact, the licensee is to have only one home state license.
- Specifies that nothing in the Compact affects the requirements established by the member state for the issuance of a single state license.
- Requires active duty military personnel or their spouse to designate a home state where the individual has a current license in good standing and the individual may retain the home state designation during the period the service member is on active duty. After designating a home state, the individual may only change their home state through the applicataion for licensure in the new state, as specified.
- Requires a member state to recognize the right of a LPCC, licensed by a home state, authorized to participate in the Compact, to practice professional counseling in any member state via telehealth under a privledge to practice as provided in the Compact.
- Requires a licensee providing professional counseling services un a remote state under the privilege to practice to adhere to the laws and regualtions of the remote state.
- Provides a remote state the authority to do all of the following:
- Take adverse action against a Licensed Professional Counselor’s Privilege to Practice within that Member State.
- (2) 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.
- (3) Only the Home State shall have the power to take adverse action against a Licensed Professional Counselor’s license issued by the Home State.
- Establishes the parameters for taking enforcement actions against LPCCs in remote states, as specified.
- Authorizes member states to participate with other member states in investigative process, and requires member states to share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
- States that nothing in the Compact overrides a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
- Creates and establishes, through member states, a joint public agency known as the Counseling Compact Commission which is an instrumentality of the member states.
- Specifies that venue is proper and judicial proceedings by or against the Commission are brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located and the Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
- Limits each member state to one delegate selected by that member state’s licensing board who must be a current member of the board or who is a LPCC or public member or an administrator of the licensing board.
- Authorizes any delate to be removed or suspensed from office as provided by the laws of that state from which the delate was appointed.
- Requires any member state licensing board to fill any vacancy occurring on the Commission within 60 days.
- Entitles each delegate to be entitled to one vote with regard to the adoption of rules and creation of bylaws and otherwise have an opportunity to participate in the business and affairs of the Commission.
- Requires a vote by a delegate to be in person or by such other means as provided in bylaws and authorizes the bylaws to provide for delegate participation by telephone or other means of communication.
- Requires the Commission to meet at least once during a calendar year and additional meetings can be held as specified in bylaws and the Commission establishes the term of office.
- Provides the Commission with specified powers and duties, which includes, hiring employees, fixing compensation, accepting donations and grants, lease, purchase real property, sell, convey or mortgage real property, establish a budget, borrow money, appoint committees, cooperate with law enforcement agencies, elect and establish an executive committee, perform other functions necessary, as specified.
- Provides the executive committee with the power to act on behalf of the Commission according to the terms of the Compact and requires the executive committee to be comprised of up to 11 members, as specified.
- Establishes the duties and responsibiliteis of the executive committee, as specified, including monitoring compliance of member states and provide compliance reports to the Commission, among other requirements.
- Requires Commission meeting to be open to the public and public notice to be given, but authorizes the Commission to convene in a closed session under specified conditions.
- Requires the Commission to keep minutes that fully and clearly describe all matters discussed in a meeting and provide and accurate summary of actions taken and the reasons therefore, and all minutes from closed session shall remain under seal, as specified.
- Requires the Commission to pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
- Authorizes the Commission to accept any and all revenue sources, donations,and grants of money equipment, supplies, materials and services.
- Authorizes the Commission to levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operation and actives of the Commission and its staff, which must be in total amount sufficient to cover its annual budget, as specified.
- Places additional requirements on the Commission with the respect to financial operations.
- Makes the members, officers, executive director, employees and representatives of the Commission immune from liability and specifies the Commission’s protocols with respect to active litigation, as specified.
- Requires the Commission to adopt reasonable rules in order to effectively and efficiently achieve the purpose of the Compact.
- Sets the process and requirements for the Commission’s proposed rule making process, as specified.
- Authorizes the Commission to grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by the following:
- At least 25 persons;
- A state or federal governmental subdivision or agency;
- As association having at least 25 members.
- At least 25 persons;
- Requires all persons wishing to be heard at the public hearing to notify the executive director of the Commission or other designated members 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, as specified.
- States that if no written notice of intent to attend a public meeting is received, the Commission may proceed with the adoption of a proposed rule without a public hearing, and the Commission will take final action on the proposed rule and determine the effective date of the rule, as specified.
- Authorizes the Commission to consider and adopt an emergency rule if specified conditions are met.
- Requires the Commission to 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, as specified.
- Requires a member state to submit a uniform dataset to the data system required in 51) above on all indivdiuals to whom the Compact is applicable as required by the rules of the Commission including all of the following:
- Identifying information;
- Licensure data;
- Adverse actions against a license or practice privledge;
- Nonconfidential information related to an alternative program participation;
- Any denial of application for licensure and the reasosms for the denial;
- Current significant investigative information; and,
- Other information that may facilitate the administration of this Compact.
- Identifying information;
- Limits investigative information pertaining to a licensee in any Member state to only be available to other member states, and requires the Commission to promptly notify all member states of any adverse action. Allows member states to designate information that is to be shared with the public without the express permission of the contributing state.
- Requires the executive, legislative, and judicial branches of state government in each member state to enforce the Compact and take all actions necessary and appropriate to effectuate the Compact’s purpose and intent. States the provisions of the Compact and rules adopted have standing as statutory law.
- Specifies the judicial process for the Compact, as specified.
- Establishes the parameters for the Commission to take action if a member state has defaulted in the performance of its obligations under the Compact or the adopted rules, as specified.
- Requires the Commission to attempt to resolve disputes related to Compact that arise among member states and between member and non-member states, and requires the Commission to adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
- Requires the Commission, in the reasonable exercise of its discretion, to enforce the provisions and rules of the Compact, as specified.
- Requires the Compact to come into effect on the date on which the Compact statute is enacted into law in the 10th member state. The provisions which become effective at that time, are limited to the powers granted to the Commission relating to assembly and adoption of rules. Thereafter the Commission is to meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
- States than any state that joins the Compact after the Commission’s initial adoption of the rules is subject to the rules as they exist on the date on which the Compact becomes law in that state, as specified.
- Authorizes a member to state to withdraw from the Compact by enacting a statute repealing the same, and a member state’s withdraw is not to take effect for six months after enactment of the repealing statute and withdrawing does not affect the member state’s licensing board to comply with investigative and adverse action reporting requirements before the effective date of the withdraw.
- Authorizes the Compact to be amended by member states.
- Requires a licensee providing professional counseling services in a remote state under the privilege to practice to adhere to laws and regulations, including scope of practice of the remote state.
- Establishes other technical and conforming provisions to implement the Compact.
- Makes the following finding and declaration that in order to protect the privacy rights of individuals, it is necessary that this act limit the public’s right of access to that information.
- Adds various definitions related to the operation of the Compact in California.
FISCAL EFFECT:
According to the Assembly Committee on Appropriations:
The Board of Behavioral Sciences (Board) estimates this bill will require the addition of eight positions and $1,241,000 in fiscal year (FY) 2024-25 and $1,177,000 in FY 2025-26 and ongoing (Behavioral Science Examiners Fund, Professions and Vocations Fund). The funds would come from license fees.
The Board anticipates the need for the additional staff positions as follows:
- One full-time manager to develop regulations, adopt rules, outline procedures, establish fees, attend and monitor Counseling Compact Commission meetings, and review rules and proposed changes to ensure Board compliance.
- Four licensing unit staff to process applications, track expirations and compliance in other states, conduct audits, and respond to questions from 32,400 additional LPCCs.
- Two staff to investigate complaints and report investigations and adverse actions to the Compact.
- One staff position to work with the Office of Information Services (OIS) to develop and operate a BreEZe (electronic licensing system) interface with the Compact data system, and to manage the reporting requirements for the other states within the data system.
OIS will need to add new BreEze transactions and updates to other software and programs for license applications and renewals at an absorbable cost of $36,000.
COMMENTS:
- Purpose. The California Association for Licensed Professional Clinical Counselors is the sponsor of this bill. According to the author, “There is an acute access to mental health service crisis in California. AB 2566 is the single best solution to address the workforce shortages in the licensed mental health profession. The Compact provides greater access to mental health care in California, removes barriers to practice without sacrificing public protection, helps address healthcare workforce shortages.
LPCCs are licensed in every other state in the US. Other states typically refer to LPCCs as Professional Counselors (PC) or Licensed Counselors (LP). Currently, to practice in another state, a California LPCC must become licensed in that state. This presents a barrier to an LPCC who has an ongoing professional relationship with a client, and the client goes out of state to school, on vacation, or moves to another state. In such cases, continuity of care can be greatly impacted and the time and effort that a patient and the counselor have put in to develop a trusting and productive professional relationship must be started over again.
This same thing also applies to a counselor from another state whose client travels to, relocates, or moves to California. In order for any in depth counseling to continue, the counselor would have to become licensed in California or the person would have to seek out a new appropriately licensed counselor in California.
State licensing laws also present barriers to an LPCC who wishes to go to another state (whether temporarily or permanently).”
- Background.
Licensure Compacts and the Counseling Compact. The American Counseling Association began coordinating with the National Center for Interstate Compacts in 2019 to create a multistate Compact for LPCCs. The Compact was finalized in 2020 and has since been enacted. Under the Compact, a LPCC must be licensed by their Home State and is then required to request a Privilege to Practice for each Compact Member State they plan to practice in. Member States may require LPCCs to pay a fee and pass an examination demonstrating their knowledge of the Remote State’s laws governing the practice of professional counseling. Under the specifications of the Compact, LPCCs who choose to practice under the authority of the Compact are required to abide by the laws and regulations of the Member State in which they are providing counseling services. Member States may revoke an LPPC’s Privilege to Practice, but only the LPCC’s Home State may take action against their license. To date, 34 states have joined the Compact.
This bill would enter California into the Compact, upon a favorable majority vote of the BBS. According to the author and sponsors of this bill, California’s membership in the Compact would increase access to mental health care and ensure continuity of care when clients or counselors relocate or travel to other states.
Compact Governance. This particular Compact is governed by a joint public agency, known as the Counseling Compact Commission (Commission), which is comprised of member state participants. The Compact’s headquarters are currently located in Kentucky. The Commission is responsible for determining the bylaws, rules, procedures, budgets, and fees required for member states for operations of the Compact. Each member state is required to have a delegate selected by that member state to participate on the Commission. Delegates must either be a public or professional participant on the member state’s board. Given that at least thirty-four states will be part of the Compact by the time California would join, there is no guarantee that a California state representative can be a part of the Executive Board that will propose changes to rule and bylaws.
The Compact’s bylaws govern all operations aspects of the Commission including personnel, finances, meetings, immunity and defense, and establishment of committees. The Commission is required to meet once a year, and Commission members are eligible to participate remotely. While the Compact specifies that meetings are to be open to the public, the specifics of the public process are not as robust as those of the Bagley-Keene Open Meetings Act (Bagley-Keene) in California. Bagley-Keene, which directs that state body meetings are open and public and all persons are permitted to attend any state body meeting except as otherwise provided, which typically reserved for closed session, which must meet [insert]. The purpose of Bagley-Keene is to allow the public to attend and participate as fully as possible in a state body’s decision-making.
Although there are 34 current member states, which comprise the Commission, the Compact calls for the establishment of an Executive Committee of only seven member states. Executive committee meeting are required to be posted only 7 days prior to the meeting, unlike Bagley-Keene’s 10-day meeting notice requirements. Additionally, the procedures of the Compact authorize the removal of an Executive Committee member for “good cause” by a 2/3 vote of the Commission members. Although it is currently unclear what “good cause” for removal is, if California were to have a delegate appointed to the Executive Committee, it could be removed by a vote of the Commission.
Regarding public participation at Commission meetings, according to the bylaws, in order for a member of the public to comment on an agenda item, the bylaws specify that they must submit a written notice ahead of time. This could potentially stifle public participation. Further, the bylaws of the Compact allow the Chair of the Executive Committee to decide, depending on circumstances, to allow an individual to present a statement on a matter on the agenda in the absence of a prior written request. This appears to be slightly out-of-sync with current operations of many of the regulatory boards under the jurisdiction of the DCA, including the BBS, which actively solicits and welcomes public participation on all agenda items regardless of whether an advanced request has been made.
States that join the Compact must follow the Compact’s rules. There are a number of key differences between the rules and processes of the Compact and the Board. This means that for California to join the Compact, there are a number of requirements that must be met and changes that must be made.
Any changes to the Compact or the operations of the Commission cannot be done through California’s legislative body. The Compact also requires that rules and regulations are promulgated by the Compact Commission, rather than through typical state processes. In a typical state process, a state agency controls what is a reasonable timeframe for public comment and revision before the regulation or rule goes into effect depending on existing circumstances. A state agency also has the ability to extend deadlines for certain members of the public who might require more time to participate in the public process. The Bagley-Keene Act also requires that the meetings of public bodies, writings, and the public officials and agencies must be open to public scrutiny. Also in California, is the Public Records Act, which requires that all records must be inspected or disclosed to the public upon request. Because California must assimilate to the Compact’s rules if it were to join, it is unclear whether or to what extent the requirements and spirit of the Bagley-Keene Act and the Public Records Act will be met.
BBS. The BBS is responsible for the licensing and regulation of four distinct counseling professions, LMFTs, LCSWs, LPCCs, and LEPs. Each profession has its own scope of practice, entry-level requirements, and professional settings with overlap in areas. All four of the BBS’s licensee and registrant categories provide mental health services to a variety of clients in different settings. Each of the licensed profession groups under BBS must meet specified licensing requirements and practice in certain settings. This bill require the state of California to enter into the counseling Compact which would only be applicable to LPCCs.
- LMFTs are employed in mental health agencies, counseling centers, and private practice. LMFT’s utilize counseling or therapeutic techniques to assist individuals, couples, families, and groups with a focus on marriage, family, and relationship issues.
- AMFTs have completed the required educational program and are in the process of obtaining the hours of supervisory experience required for licensure.
- LCSWs are employed in health facilities, private practice, and state and county mental health agencies. LCSWs utilize counseling and psychotherapeutic techniques to assist individuals, couples, families, and groups.
- ASWs have completed the required educational program and are in the process of obtaining the hours of supervisory experience required for licensure.
- LPCCs apply counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems. LPCCs work in a variety of settings including hospitals, private practice, and community-based mental health organizations.
- APCCs have completed the required educational program and are in the process of obtaining the hours of supervisory experience required for licensure.
Enforcement. Under current state practices, the BBS may take a multitude of enforcement actions upon receiving news that a licensee had committed a violation of the LPCC practice act. Currently, for enforcement purposes, the BBS can do nothing, issue a citation or probationary orders, revoke a license or deny licensure, among other actions.
In contrast, the language of the Compact states that a “home state shall have the power to take adverse action against a LPCC license issued by the home state.” That means that the Compact expects that the state where the person is originally licensed will handle enforcement. The Compact states that the home state must give the same priority to report of conduct from a member state as it would if the conduct occurred in its own state, and in doing so, the home state must apply its own state laws to determine appropriate action. Because state enforcement laws vary, it is unclear if the enforcement requirements of the home state are consistent with those of the remote state. It is worth noting that enforcement mechanisms would be different for those who are licensed in the state vs. those who hold Compact privileges, which could lead to privilege-holders losing licenses rather than the BBS having the authority to issue citations or probationary orders.
LPCCs. SB 788 (Wyland, Chapter 619, Statutes of 2009) established the Licensed Professional Clinical Counselor Act in this state. The Act provided for the licensing and regulation of professional clinical counselors by the BBS. The licensure and education requirements for LPCCs are similar to those of LMFTs, although the practice and specialty areas remain a different focus. To obtain licensure in California as an LPCC, an individual must obtain a master’s or doctoral degree. The advanced degree must be counseling or psychotherapy in content and obtained from an accredited or approved institution (a school, college, or university accredited by a regional or national institutional accrediting agency recognized by the United States Department of Education or a school, college or university that possesses unconditional approval by the Bureau of Private Postsecondary Education). The degree must be at least 60 graduate semester units or 90 graduate quarter units in various topics specified in the LPCC practice act including multicultural counseling theories, human growth and development across the lifespan, group counseling, addictions counseling, among others. Additionally, LPCCs are required to complete 3,000 hours of supervised coulseing experience under the supervision of qualified supervisors, while registered with the BBS as an associate. The BBS requires the passage of two examinations, the California Law and Ethics Examination and the National Clinical Mental Health Counseling Examination. In order
Military Spouse and Licensure Portability. Spouses of active duty military are often required to move about the country. Many military spouses are career professionals who work in various fields require some type of state licensure. As licenseing requirements various across the states, multiple moves and short stays can make transition for both active licensed military professionals and their spouses overcome complicated licening hurdles in multiple states. Due to the potential hardships of licensing on military applicants, veterans, and their families, the California State Legislature has passed, and the DCA boards have implemented, several policies to ease the burdens on military applicants, spouses, and licensees. For instance, BPC § 35 requires boards under the DCA to specify how military education, training, and experience may be used to meet the licensure requirements. Also, BPC § 114.5 requires each board under the DCA to inquire in every application for licensure whether the applicant is serving in, or has previously served in, the military. In addition, current law, BPC § 115.5, requires the DCA to expedite the licensure process and waive the licensure application fee and the initial licensure fee of an applicant who is married to, or in a domestic partnership, with an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders; or holds a current license in another state, district, or territory of the United States in the profession or vocation for which the applicant seeks a license from the board. [insert figures from the Board]
Most recently, the Federal Government recently passed the federal Servicemembers Civil Relief Act (SCRA), which authorizes service members or their spouses who currently hold a valid license in good standing in another state to practice in California within the same profession or vocation, if they are required to relocate to California because of military orders. California recognizes these qualifying out-of-state licenses as valid. For individuals who desire to practice in California under the terms of the SCRA, the State of California adopted a state registration process to help implement the license portability provisions of the SCRA. Military professionals or spouses need to register with the DCA in California and must meet the following criteria:
- Hold a professional or vocational license in good standing in another state, district, or territory of the United States
- Relocate to California because of military orders for military service
- Use the out-of-state license at some point during the two years immediately preceding relocation to California (e.g., perform at least one activity within the scope and under the authority of the out-of-state license)
- Maintain in good standing all other valid and active out-of-state licenses in the same profession or vocation
- For spouses/domestic partners, maintain marriage or other legal union with a servicemember subject to military orders for military service.
While the author states that military licensure portability is an issue, the SCRA appears to have made the transition across state lines simplified for military spouses, without the additional burden and fee for
EMSA and Emergency Authority. Under current law, when a state of emergency is issued pursuant to Government Code § 8558, the director of Emergency Medical Services Authority (EMSA) is authorized to allow licensed healthcare professionals from outside of California to practice in California without a California license. As specified in BPC § 900, licensed professionals are authorized to practice in California during a state of emergency declaration as long as they are licensed and have been deployed by the Director of EMSA. The recent statewide declaration of emergency which was issued on March 4th, 2020, and lasted until February 28, 2023, was a period of tiem when out-of-state licensees were permitted to work in California to assist with the healthcare workforce needs. According to EMSA, there were TBD professional clinical counselors who participated during that time.
Ability for out-of-state licensees to provide services in California. The BBS
Last year, the Legislature passed and the Governor singed AB 232 (Aguiar-Curry, Chapter 640, Statutes of 2023) authorized an individual who holds a license in another state as a marriage and family therapist, a clinical social worker, or a LPCC to provide counseling services in California for a period not to exceed 30 days. In order to without a California license as long as the out-of-state license holder notifies the BBS that they are providing services and provide the BBS with licensee-specific information including their name, license number, mailing address, phone number, email, date providing services, among other information. An individual with a restricted, suspended, revoked, or otherwise disciplined license would not be permitted to perform the services authorized by this bill. However, the BBS does not have any enforcement authority against individuals who are licensed by another state’s licensing board.
As noted by the author in a policy committee analysis, the intent of this bill is not to capture those individuals seeking a new license in California to practice, but instead to permit an out of state license holder to continue to provide services to a current client who may be temporarily in California (on a vacation) or possibly moving into California and has not yet obtained a new licensed-California based practitioner.
The provisions of this bill would limit those services to only 30-consectutive days. This bill would require the out-of-state license holder to notify the BBS that they are providing services and provide the BBS with licensee-specific information including their name, license number, mailing address, phone number, email, date providing services, among other information. An individual with a restricted, suspended, revoked, or otherwise disciplined license would not be permitted to perform the services authorized by this bill. However, the BBS does not have any enforcement authority against individuals who are licensed by another state’s licensing board.
Compact Requirements in conflict with California Law. A challenge with Compacts is the member state’s inability to change any of the provisions of the Compact for its participating members.
- Arguments in Support. >
- Arguments in Opposition. >
- Policy Issues for Consideration.
Not all of California’s LPCCs will qualify for a multistate license? The requirements for an RN to obtain licensure through the NLC are specified in the Compact itself and cannot be amended in California. The eleven requirements that an applicant must meet are consistent across party states yet these do not conform to or always reflect those states’ standards. The counseling Compact specifies that in order to obtain the multistate license, an applicant must meet all of their home state’s licensure requirements, and licensure requirements specifically required by the Compact. Significantly, the Compact requires applicant to have a social security number or NPI. According to the Centers for Medicare & Medicaid Services, an NPI is a unique identification number assigned to covered health care providers. Covered health care providers and all health plans and health care clearinghouses must use NPIs in administrative and financial transactions adopted under the Health Insurance Portability and Accountability Act (HIPAA). As outlined in federal regulations, covered providers must also share their NPI with other providers, health plans, clearinghouses, and any entity that may need it for billing purposes. The requirement to have social security number for purposes of licensure, directly conflicts with California law enacted in 2014 (SB 1159 Lara, Chapter 752, Statutes of 2014) that prohibited the sole use of a social security number for purposes of licensing and instead authorized applicants to provide an individual taxpayer identification number. The situation could create inconsistency as California licensees who choose to utilize a taxpayer identification number would not be eligible for a multistate license.
The Compact requires the passage of: TBD examinations while the BBS requires,
Sunset Review Oversight. The BRN and the BVNPT are both subject to the Legislature’s sunset review oversight process which, through public hearings and materials, allows for an evaluation of each program and a comprehensive means by which to make necessary changes to board operations and the regulation of the profession. The Commission is not subject to the same public process for rule changes that sunset review oversight provides.
Both BRN and BVNPT will be subject to sunset review oversight in the coming year. This avenue may provide a more constructive means by which to comprehensively consider the implications for NLC participation and to determine the best course ahead for multistate nursing licensure recognition. Sunset review oversight could allow the opportunity to vet the differences and similarities of various NLC party state’s requirements, as well as the reforms that should be made in this state, based on an evaluation of best practices which could potentially lead to solutions and greater ease of licensure for out-of-state providers available to provide care to California patients.
Military Licensrue Portability Exists.
Unequal Board Resources. As stated earlier, the BBS is responsible for the licensure and regulation of four distinct counseling professions, yet this bill is only applicable to the professional clinical counseling profession. This Compact is only applicable to the LPCCs under the jurisdiction of the Board. The BBS would have to expend additional staff time and resources to participate in the Compact, including the requirement in the language of the Compact (which California must adopt and adhere to) that the BBS pay a fee to the Compact. That fee amount is currently unspecified in the Compact language and likely subject to the Compacts rules and bylaws. This would provide the Compact with broad authority to increase fees that member states must pay into the Compact to be a participating member state. For a board like BBS, with three other licensing
NOTE:
Double-referral to > Committee
SUPPORT AND OPPOSITION:
Support:
Opposition:
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2566
Author:(Wilson)
As Amended Ver:April 17, 2024
Majority vote
SUMMARY
Codifies, subject to approval by the Board of Behavioral Sciences (Board), the Counseling Compact (Compact) to facilitate the practice of counseling across state lines for licensees who have authorization.
Major Provisions
- Codify the entirety of the Compact, including provisions that do all of the following:
- Establish a joint public agency known as the Counseling Compact Commission (Commission), and confer upon it enumerated powers and duties.
- Authorize each Member State to select one delegate to sit on the Commission.
- Specify that each delegate on the Commission may have one vote.
- Authorize the Commission to 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.
- Require the Commission to develop, maintain, operate, and use a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individual in Member States and require Member States to provide specified data for inclusion in the database.
- Enumerate requirements for Member States as a condition of participation in the Compact.
- Authorize Member States to charge a fee for granting a Privilege to Practice, defined as a legal authorization that is equivalent to a license permitting the practice of Professional Counseling in Member States.
- Specify that nothing in the Compact affects the requirements established by a Member State for the issuance of a single state license.
- Require a licensee to meet specified criteria to exercise a Privilege to Practice in a Member State.
- Specify that the Privilege to Practice is valid until the expiration date of the Home State license.
- Require a licensee providing Professional Counseling in a Remote State under the Privilege to Practice to adhere to the laws and regulations of the Remote State.
- Specify that a licensee providing Professional Counseling services in a Remote State is subject to that state's regulatory authority and authorizes a Remote State to revoke a license's Privilege to Practice in the Remote State, as specified.
- Require Member States to recognize the right of a Licensed Professional Counselor to practice Professional Counseling in any Member State via telehealth under a Privilege to Practice as provided in the Compact and rules adopted by the Commission.
- Authorize a Remote State to take adverse action against a Licensed Professional Counselor's Privilege to Practice within that Member State.
- Authorize a Member State to 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.
- Specify that if a Home State takes adverse action against a Licensed Professional Counselor's license, then the Licensed Professional Counselor's Privilege to Practice in all other Member States must be deactivated until all encumbrances have been removed from the state license.
- Require the executive, legislative, and judicial branches of state government in each Member State to enforce the Compact and take all actions necessary and appropriate to effectuate the Compact's purpose and intent.
- Authorize any Member State to withdraw from the Compact by enacting a statute repealing the provisions of the Compact and specify that a Member State's withdrawal would not take effect until six months after the enactment of the repealing statute.
- Authorize the Compact to be amended by Member States, but no amendment would become effective and binding until it is enacted into the laws of all Member States.
- Conditions the enactment of the Compact on the Director of Consumer Affairs certifying that a majority of the Board has voted in favor of joining the compact during a regular meeting.
COMMENTS
Board of Behavioral Sciences. (BBS) The BBS is responsible for licensing and regulating Licensed Clinical Social Workers, Licensed Marriage and Family Therapists, Licensed Educational Psychologists, and licensed professional clinical counselor (LPCCs). Additionally, the Board registers Associate Clinical Social Workers, Associate Marriage and Family Therapists, and Associate Professional Clinical Counselors. Cumulatively, the Board is responsible for the oversight of over 120,000 licensees and registrants, including, as it relates to this bill, roughly 2,300 LPCCs. Its mission is to "protect and serve Californians by setting, communicating, and enforcing standards for safe and competent mental health practice." The BBS has authority to take disciplinary action against LPCCs who violate the Licensed Professional Clinical Counselor Act. It may cite and fine licensees for minor violations as well as seek license suspension or revocation for more egregious violations. The board is self-funded through license, application, and examination fees, and receives no General Fund revenue.
Applicants for an LPCC license are required to obtain a qualifying master's degree, complete a minimum of 3,000 hours of post-degree supervised experience, pass both the California Law and Ethics Exam as well as the National Clinical Mental Health Counseling Examination, undergo a criminal background check, and pay various fees. During the BBS's most recent sunset review in 2020, the BBS reported that it was meeting its established application processing timeframe of 60 business days for LPCC applications.
The BBS currently has a licensure endorsement process which is referred to as "Licensure by Credential." An out-of-state licensee can qualify for a license by credential if they have held a license as a Professional Clinical Counselor in another United States jurisdiction, the license is current and has been active and unrestricted for at least two years immediately before the date of application, the license is at the highest level of licensure for independent clinical practice in that jurisdiction, they have a master's or doctoral degree from a qualifying accredited or approved institution, they have completed additional specified coursework (e.g. 12 hours in California law and ethics), they undergo a criminal history background check, and they pass the California Law and Ethics Examination. The "Licensure by Credential" process was established via SB 679 (Bates), Chapter 380, Statutes of 2019, after the BBS established a License Portability Committee to review the potential barriers to licensure for out-of-state applicants. Approximately 2,500 out-of-state licensees have successfully applied to licensure using this streamlined approach.
Interstate Licensing Compacts. An interstate licensing compact represents a legally binding agreement between multiple states to facilitate cross-state practice for licensed professionals without requiring them to obtain full licensure in each participating state. To participate in such a compact, a state must adopt model statutory language provided by a compact organization. Typically, a practitioner must already hold a license in their home state before seeking authorization to practice in a compact member state. California currently does not participate in any licensing compacts related to the healing arts professions.
Counseling Compact. The American Counseling Association began coordinating with the National Center for Interstate Compacts in 2019 to create a multistate compact for Licensed Professional Counselors. The Compact was finalized in 2020 and has since been enacted. Under the Compact, a Licensed Professional Counselor must be licensed by their Home State and is required to request a Privilege to Practice for each Compact Member State they plan to practice in. Member States may require Licensed Professional Counselors to pay a fee and pass an exam demonstrating their knowledge of the Remote State's laws governing the practice of professional counseling. Licensed Professional Counselors are required to abide by the laws and regulations of the Member State in which they are providing counseling services. Member States may take revoke a Licensed Professional Counselor's Privilege to Practice, but only a Licensed Professional Counselor's Home State may take action against their license. To date, 34 states have joined the Compact and several others are currently considering doing so.
This bill would require California to join the Compact, upon approval by the Board. According to the author and sponsors of this bill, California's membership in the Compact would increase access to mental health care and ensure continuity of care when clients or counselors relocate or travel to other states.
According to the Author
"The goal of [this bill] is to eliminate barriers to practice for licensed professional clinical counselors and eliminate barriers to treatment for clients, by establishing a licensing compact which will ensure cooperation among compact member states in regulating the counseling profession. The Counseling Compact is an occupational licensure interstate compact - which is a statutorily established agreement among states with uniform licensing standards for a profession to recognize valid licenses for that profession by any state that has enacted the agreement. The compact provides greater access to mental health care in California, removes barriers to practice without sacrificing public protection, helps address healthcare workforce shortages, and allows California LPCCs to provide greater continuity of care to patients who travel or relocate, provides seamless ability for military personnel and spouses who relocate to practice, preserves and strengthens the regulatory oversight of the Board of Behavioral Sciences. The Compact does not impact the scope of practice in any state. Licensed Counselors practicing under the Compact in another state must comply with the counseling Laws and Standards in that state in which they are practicing. Professional Counselors (LPCCs in California) are licensed in all 50 states with consistent licensing requirements. The Compact does not affect the BBS authority to protect public health and safety or regulate the LPCC profession."
Arguments in Support
As the sponsor of this bill, the California Association for Licensed Professional Clinical Counselors, writes in support:
The Counseling Compact provides greater access to mental health care in California, removes barriers to practice without sacrificing public protection, helps address healthcare workforce shortages, and allows California LPCCs to provide greater continuity of care to patients who travel or relocate, provides seamless ability for military personnel and spouses who relocate to practice, preserves and strengthens the regulatory oversight of the Board of Behavioral Sciences. The broad goal of the Counseling Compact is to eliminate barriers to practice for licensed counselors and barriers to treatment for clients, by ensuring cooperation among member states in regulating the counseling profession.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, the Board estimates this bill will require the addition of eight positions and $1,241,000 in fiscal year (FY) 2024-25 and $1,177,000 in FY 2025-26 and ongoing (Behavioral Science Examiners Fund, Professions and Vocations Fund). The funds would come from license fees.
The Board anticipates the need for the additional staff positions as follows:
- One full-time manager to develop regulations, adopt rules, outline procedures, establish fees, attend and monitor Counseling Compact Commission meetings, and review rules and proposed changes to ensure Board compliance.
- Four licensing unit staff to process applications, track expirations and compliance in other states, conduct audits, and respond to questions from 32,400 additional LPCCs.
- Two staff to investigate complaints and report investigations and adverse actions to the Compact.
- One staff position to work with the Office of Information Services (OIS) to develop and operate a BreEZe (electronic licensing system) interface with the Compact data system, and to manage the reporting requirements for the other states within the data system.
OIS will need to add new BreEze transactions and updates to other software and programs for license applications and renewals at an absorbable cost of $36,000.
VOTES
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Grayson, Jackson, Ward, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur
ABS, ABST OR NV: Irwin
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
UPDATED
VERSION: April 17, 2024
CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0003059
Date of Hearing: May 1, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2566
Author:(Wilson) – As Amended Ver:April 17, 2024
Policy Committee: | Business and Professions | Vote: | 17 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill codifies the Interstate Counseling Compact (Compact) to facilitate the practice of counseling across state lines for licensed professional clinical counselors (LPCCs).
FISCAL EFFECT:
The Board of Behavioral Sciences (Board) estimates this bill will require the addition of eight positions and $1,241,000 in fiscal year (FY) 2024-25 and $1,177,000 in FY 2025-26 and ongoing (Behavioral Science Examiners Fund, Professions and Vocations Fund). The funds would come from license fees.
The Board anticipates the need for the additional staff positions as follows:
- One full-time manager to develop regulations, adopt rules, outline procedures, establish fees, attend and monitor Counseling Compact Commission meetings, and review rules and proposed changes to ensure Board compliance.
- Four licensing unit staff to process applications, track expirations and compliance in other states, conduct audits, and respond to questions from 32,400 additional LPCCs.
- Two staff to investigate complaints and report investigations and adverse actions to the Compact.
- One staff position to work with the Office of Information Services (OIS) to develop and operate a BreEZe (electronic licensing system) interface with the Compact data system, and to manage the reporting requirements for the other states within the data system.
OIS will need to add new BreEze transactions and updates to other software and programs for license applications and renewals at an absorbable cost of $36,000.
COMMENTS:
- Purpose. This bill is sponsored by the California Association for Licensed Professional Clinical Counselors. According to the author:
The goal of [this bill] is to eliminate barriers to practice for licensed professional clinical counselors and eliminate barriers to treatment for clients, by establishing a licensing compact which will ensure cooperation among compact member states in regulating the counseling profession. The Counseling Compact is an occupational licensure interstate compact - which is a statutorily established agreement among states with uniform licensing standards for a profession to recognize valid licenses for that profession by any state that has enacted the agreement. The compact provides greater access to mental health care in California, removes barriers to practice without sacrificing public protection, helps address healthcare workforce shortages, and allows California LPCCs to provide greater continuity of care to patients who travel or relocate, provides seamless ability for military personnel and spouses who relocate to practice, preserves and strengthens the regulatory oversight of the Board of Behavioral Sciences. The Compact does not impact the scope of practice in any state. Licensed Counselors practicing under the Compact in another state must comply with the counseling Laws and Standards in that state in which they are practicing. Professional Counselors (LPCCs in California) are licensed in all 50 states with consistent licensing requirements. The Compact does not affect the BBS authority to protect public health and safety or regulate the LPCC profession.
- Background.
LPCC Licenses. Applicants for an LPCC license in California must obtain a qualifying master’s degree, complete a minimum of 3,000 hours of post-degree supervised experience, pass both the California Law and Ethics Exam and the National Clinical Mental Health Counseling Examination, undergo a criminal background check, and pay various fees.
SB 679 (Bates), Chapter 380, Statutes of 2019, established a “Licensure by Credential” process after the Board reviewed potential barriers to licensure for out-of-state applicants. The process allows an out-of-state licensee to qualify for a license by credential if they meet certain criteria and have completed additional specified coursework (for example, 12 hours in California law and ethics), undergo a criminal history background check, and pass the California Law and Ethics Examination. Approximately 2,500 out-of-state licensees have successfully applied for licensure using this approach.
Interstate Licensing Compacts. An interstate licensing compact represents a legally binding agreement among multiple states to facilitate cross-state practice for licensed professionals without requiring them to obtain full licensure in each participating state. To participate in such a compact, a state must adopt model statutory language provided by a compact organization. Typically, a practitioner must already hold a license in their home state before seeking authorization to practice in a compact member state. California currently does not participate in any licensing compacts related to the healing arts professions.
Compact. The Compact was finalized in 2020 and has since been enacted. Under the Compact, a licensed professional counselor must be licensed by their home state, must request a Privilege to Practice for each Compact member state they plan to practice in, and abide by the laws and regulations of the Member State in which they are providing counseling services. Member States may require counselors to pay a fee and pass an exam demonstrating their knowledge of the remote state’s laws governing the practice of professional counseling. Member States may revoke a Licensed Professional Counselor’s Privilege to Practice, but only a Licensed Professional Counselor’s home state may take action against their license. Thirty-four states have joined the Compact.
- Related Legislation.
- AB 2051 (Bonta) codifies the Psychology Interjurisdictional Compact to facilitate the practice of telepsychology and the temporary in-person, face-to-face practice of psychology across state lines for authorized licensees. AB 2051 is pending in this committee.
- AB 3232 (Dahle) enacts the Nurse Licensure program, authorizing the Board of Registered Nursing and the Board of Vocational Nursing and Psychiatric Technicians to issue a multistate license to practice in all party states. AB 3232 is pending in this committee.
- AB 2051 (Bonta) codifies the Psychology Interjurisdictional Compact to facilitate the practice of telepsychology and the temporary in-person, face-to-face practice of psychology across state lines for authorized licensees. AB 2051 is pending in this committee.
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Marc Berman, Chair
ABPCA Bill Id:AB 2566
Author:(Wilson) – As Amended Ver:April 8, 2024
SUBJECT: Healing arts: counseling.
SUMMARY: Codifies the Counseling Compact (Compact) to facilitate the practice of counseling across state lines for licensees who have authorization.
EXISTING LAW:
- Establishes the Board of Behavioral Sciences (BBS or board) under the Department of Consumer Affairs (DCA) for purposes of implementing and enforcing the Licensed Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Licensed Professional Clinical Counselor Act, and the Clinical Social Worker Practice Act. (Business and Professions Code (BCP) § 4989.12)
- Specifies that protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (BPC § 4990.16)
- Defines “professional clinical counseling” as the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the coursework and training, as required by law. Further specifies that “professional clinical counseling” includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed, rational decisions. (BPC § 4999.20)
- Authorizes a person who holds a license in another jurisdiction of the United States as a professional clinical counselor to provide professional clinical counseling services in California for a period not to exceed 30 consecutive days in any calendar year, if specified conditions are met. (BPC § 4999.23)
- Prohibits any person from practicing or advertising professional clinical counseling services without a license issued by the BBS and payment of a license fee. (BPC § 4999.30)
- Requires applicants for licensure or registration to begin graduate study on or after August 1, 2012, to possess a 60-semester unit, or equivalent, master’s or doctoral degree that meets specified requirements, including being obtained from an accredited or approved institution. (BPC § 4999.33)
- Requires applicants to complete a minimum of 3,000 postdegree supervised experience hours performed over a period of not less than two years. (BPC § 499.46(c))
- Requires every applicant for a license as a professional clinical counselor to take one or more examinations, as determined by the board, to ascertain their knowledge, professional skills, and judgment in the utilization of appropriate techniques and methods of professional clinical counseling. (BPC § 4999.52)
- Requires an applicant for licensure as a licensed professional clinical counselor (LPCC) to pass a California law and ethics examination and a clinical examination administered by either the board or the National Clinical Mental Health Counselor Examination, to be determined by the board. (BPC § 4999.53)
- Authorizes the BBS to issue a license to a person who, at the time of submitting an application for a license, holds a license in another jurisdiction of the United States as a professional clinical counselor at the highest level for independent clinical practice if specified requirements are met. (BPC § 4999.60)
- Requires, on or after January 1, 2021, an applicant for licensure as a professional clinical counselor to show that they have completed a minimum of six hours of coursework or applied experience under supervision in suicide risk assessment and intervention. (BPC § 4999.66)
- Requires, on or after July 1, 2023, an applicant for licensure as a professional clinical counselor to show that they have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth. (BPC § 4999.67)
- Prohibits the BBS from renewing any license unless the applicant certifies that they have completed at least 36 hours of approved continuing education in or relevant to the field of professional clinical counseling in the preceding two years, as determined by the board. (BPC § 4999.76)
- Specifies that any person who violates any of the provisions of the Licensed Professional Clinical Counselor Act is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding $2,500, or by both that fine and imprisonment. (BPC § 4999.86)
- Authorizes the board to refuse to issue any license, or may suspend or revoke the license of any licensed professional clinical counselor, as specified. (BPC §§ 4999.90 – 4999.91)
- Authorizes the BBS to assess fees relating to the licensure of professional clinical counseling, as specified. (BPC § 4999.120)
- Requires boards under the DCA to expedite the initial licensure process for an applicant who has served as an active duty member of the Armed Forces of the United States and was honorably discharged. (BPC § 115.4)
- Requires boards under the DCA to expedite the licensure process for an applicant who is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders; and who holds a current license in another state in the profession or vocation for which they are seeking a license from the board. (BPC § 115.5)
- Requires boards under the DCA to grant temporary licenses to applicants who are married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces and who holds a current, active, and unrestricted license in another state. (BPC § 115.6)
THIS BILL:
- Codifies the entirety of the Compact, including provisions that do all of the following:
- Establish a joint public agency known as the Counseling Compact Commission (Commission), and confer upon it enumerated powers and duties.
- Authorize each Member State to select one delegate to sit on the Commission.
- Specify that each delegate on the Commission may have one vote.
- Authorize the Commission to 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.
- Require the Commission to develop, maintain, operate, and use a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individual in Member States and require Member States to provide specified data for inclusion in the database.
- Require a state to meet the following criteria to participate in the Compact:
- License and regulate Licensed Professional Counselors.
- Require licensees to pass a nationally recognized exam approved by the Commission.
- 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 in specified topic areas.
- Require licensees to complete supervised postgraduate professional experience as defined by the Commission.
- Have a mechanism in place for receiving and investigating complaints about licensees.
- Enumerate requirements for Member States as a condition of participation in the Compact.
- Authorize Member States to charge a fee for granting a Privilege to Practice, defined as a legal authorization that is equivalent to a license permitting the practice of Professional Counseling in Member States.
- Specify that nothing in the Compact affects the requirements established by a Member State for the issuance of a single state license.
- Require a licensee to meet specified criteria to exercise a Privilege to Practice in a Member State.
- Specify that the Privilege to Practice is valid until the expiration date of the Home State license.
- Require a licensee providing Professional Counseling in a Remote State under the Privilege to Practice to adhere to the laws and regulations of the Remote State.
- Specify that a licensee providing Professional Counseling services in a Remote State is subject to that state’s regulatory authority and authorizes a Remote State to revoke a license’s Privilege to Practice in the Remote State, as specified.
- Require Member States to recognize the right of a Licensed Professional Counselor to practice Professional Counseling in any Member State via telehealth under a Privilege to Practice as provided in the Compact and rules adopted by the Commission.
- Authorize a Remote State to take adverse action against a Licensed Professional Counselor’s Privilege to Practice within that Member State.
- Authorize a Member State to 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.
- Specify that if a Home State takes adverse action against a Licensed Professional Counselor’s license, then the Licensed Professional Counselor’s Privilege to Practice in all other Member States must be deactivated until all encumbrances have been removed from the state license.
- Require the executive, legislative, and judicial branches of state government in each Member State to enforce the Compact and take all actions necessary and appropriate to effectuate the Compact’s purpose and intent.
- Authorize any Member State to withdraw from the Compact by enacting a statute repealing the provisions of the Compact and specify that a Member State’s withdrawal would not take effect until six months after the enactment of the repealing statute.
- Authorize the Compact to be amended by Member States, but no amendment would become effective and binding until it is enacted into the laws of all Member States.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the California Association for Licensed Professional Clinical Counselors. According to the author:
The goal of [this bill] is to eliminate barriers to practice for licensed professional clinical counselors and eliminate barriers to treatment for clients, by establishing a licensing compact which will ensure cooperation among compact member states in regulating the counseling profession. The Counseling Compact is an occupational licensure interstate compact - which is a statutorily established agreement among states with uniform licensing standards for a profession to recognize valid licenses for that profession by any state that has enacted the agreement. The compact provides greater access to mental health care in California, removes barriers to practice without sacrificing public protection, helps address healthcare workforce shortages, and allows California LPCCs to provide greater continuity of care to patients who travel or relocate, provides seamless ability for military personnel and spouses who relocate to practice, preserves and strengthens the regulatory oversight of the Board of Behavioral Sciences. The Compact does not impact the scope of practice in any state. Licensed Counselors practicing under the Compact in another state must comply with the counseling Laws and Standards in that state in which they are practicing. Professional Counselors (LPCCs in California) are licensed in all 50 states with consistent licensing requirements. The Compact does not affect the BBS authority to protect public health and safety or regulate the LPCC profession.
Background.
Board of Behavioral Sciences. The BBS is responsible for licensing and regulating Licensed Clinical Social Workers, Licensed Marriage and Family Therapists, Licensed Educational Psychologists, and LPCCs. Additionally, the Board registers Associate Clinical Social Workers, Associate Marriage and Family Therapists, and Associate Professional Clinical Counselors. Cumulatively, the Board is responsible for the oversight of over 120,000 licensees and registrants, including, as it relates to this bill, roughly 2,300 LPCCs. Its mission is to “protect and serve Californians by setting, communicating, and enforcing standards for safe and competent mental health practice.”[1] The BBS has authority to take disciplinary action against LPCCs who violate the Licensed Professional Clinical Counselor Act. It may cite and fine licensees for minor violations as well as seek license suspension or revocation for more egregious violations. The board is self-funded through license, application, and examination fees, and receives no General Fund revenue.
Applicants for an LPCC license are required to obtain a qualifying master’s degree, complete a minimum of 3,000 hours of post-degree supervised experience, pass both the California Law and Ethics Exam as well as the National Clinical Mental Health Counseling Examination, undergo a criminal background check, and pay various fees. During the BBS’s most recent sunset review in 2020, the BBS reported that it was meeting its established application processing timeframe of 60 business days for LPCC applications.
The BBS currently has a licensure endorsement process which is referred to as “Licensure by Credential.”[2] An out-of-state licensee can qualify for a license by credential if they have held a license as a Professional Clinical Counselor in another United States jurisdiction, the license is current and has been active and unrestricted for at least two years immediately before the date of application, the license is at the highest level of licensure for independent clinical practice in that jurisdiction, they have a master’s or doctoral degree from a qualifying accredited or approved institution, they have completed additional specified coursework (e.g. 12 hours in California law and ethics), they undergo a criminal history background check, and they pass the California Law and Ethics Examination. The “Licensure by Credential” process was established via SB 679 (Bates), Chapter 380, Statutes of 2019, after the BBS established a License Portability Committee to review the potential barriers to licensure for out-of-state applicants. Approximately 2,500 out-of-state licensees have successfully applied to licensure using this streamlined approach.
Interstate Licensing Compacts. An interstate licensing compact represents a legally binding agreement between multiple states to facilitate cross-state practice for licensed professionals without requiring them to obtain full licensure in each participating state. To participate in such a compact, a state must adopt model statutory language provided by a compact organization. Typically, a practitioner must already hold a license in their home state before seeking authorization to practice in a compact member state. California currently does not participate in any licensing compacts related to the healing arts professions.
Counseling Compact. The American Counseling Association began coordinating with the National Center for Interstate Compacts in 2019 to create a multistate compact for Licensed Professional Counselors. The Compact was finalized in 2020 and has since been enacted. Under the Compact, a Licensed Professional Counselor must be licensed by their Home State and is required to request a Privilege to Practice for each Compact Member State they plan to practice in. Member States may require Licensed Professional Counselors to pay a fee and pass an exam demonstrating their knowledge of the Remote State’s laws governing the practice of professional counseling. Licensed Professional Counselors are required to abide by the laws and regulations of the Member State in which they are providing counseling services. Member States may take revoke a Licensed Professional Counselor’s Privilege to Practice, but only a Licensed Professional Counselor’s Home State may take action against their license. To date, 34 states have joined the Compact and several others are currently considering doing so.
This bill would require California to join the Compact. According to the author and sponsors of this bill, California’s membership in the Compact would increase access to mental health care and ensure continuity of care when clients or counselors relocate or travel to other states.
Current Related Legislation.
AB 1328 (Gipson) would enact the Cosmetology Licensure Compact to facilitate California’s participation in a multistate licensing program whereby cosmetologists can receive reciprocity to practice in other states that have adopted the Cosmetology Licensure Compact and vice versa. AB 1328 is pending in the Senate Business, Professions, and Economic Development Committee.
AB 2051 (Bonta) would codify the Psychology Interjurisdictional Compact to facilitate the practice of telepsychology and the temporary in-person, face-to-face practice of psychology across state lines for licensees who have authorization. AB 2051 is pending in this committee.
AB 3232 (Dahle) would enact the Nurse Licensure program, under which the Board of Registered Nursing and the Board of Vocational Nursing and Psychiatric Technicians would be authorized to issue a multistate license to practice in all party states. AB 3232 is pending in this committee.
ARGUMENTS IN SUPPORT:
As the sponsor of this bill, the California Association for Licensed Professional Clinical Counselors, writes in support:
The Counseling Compact provides greater access to mental health care in California, removes barriers to practice without sacrificing public protection, helps address healthcare workforce shortages, and allows California LPCCs to provide greater continuity of care to patients who travel or relocate, provides seamless ability for military personnel and spouses who relocate to practice, preserves and strengthens the regulatory oversight of the Board of Behavioral Sciences. The broad goal of the Counseling Compact is to eliminate barriers to practice for licensed counselors and barriers to treatment for clients, by ensuring cooperation among member states in regulating the counseling profession.
ARGUMENTS IN OPPOSITION:
None on file
POLICY ISSUE(S) FOR CONSIDERATION:
Sufficiency of Existing Laws. While one of the potential benefits of joining a state licensing compact is to expedite licensure for active duty service members of the United States Armed Forces and military spouses, the federal Servicemembers Civil Relief Act already authorizes service members or their spouses who currently hold a valid license in good standing in another state to practice in California within the same profession or vocation, if they are required to relocate to California because of military orders.[3] Additionally, the BBS expedites the licensure process for military veterans who were honorably discharged, as well as domestic partners of active duty servicemembers. Moreover, existing law authorizes a person who holds a license in another jurisdiction of the United States as a professional clinical counselor to provide professional clinical counseling services in California for a period not to exceed 30 consecutive days in any calendar year, if specified conditions are met.
Delegation of Authority. By joining the Compact, California would be delegating all authority to a multistate commission to determine and enforce licensing requirements for out-of-state Licensed Professional Counselors to provide counseling services to Californians. Moreover, with just one voting member on the Commission—equal to all other Member States—California’s representation would be vastly disproportionate to the number of licensees California would contribute to the compact. By a simple majority vote, the Commission would have the ability to make decisions at odds with California’s position.
Fairness. LPCCs licensed by the BBS are required to complete specified education and training requirements, including supervised professional experience and continuing education. However, Licensed Professional Counselors from another Member State whose qualifications may be less than what this state has deemed appropriate and necessary for licensure would have the same ability to provide professional counseling services in California.
Consumer Protection. Considering the varying the licensing requirements for Licensed Professional Counselors, joining the Compact could make Californians susceptible to consumer harm.
IMPLEMENTATION ISSUES:
Equity for California Licensees. To exercise the Privilege to Practice under the terms and provisions of the Compact, Licensed Professional Counselors are required to have a valid United States Social Security Number (SSN) or National Practitioner Identifier. However, applicants for licensure in California may provide a SSN, Individual Taxpayer Identification Number, or Federal Employer Identification Number on an application for a LPCC license.[4] California LPCCs who do not have a SSN may be excluded from participating in the Compact despite being otherwise qualified.
Ease of Leaving the Counseling Compact. In the same way that legislation is required to join the Compact, so too is legislation required to leave the Compact. In the event that California joined and subsequently wanted to leave the Compact, doing so would be subject to affirmative action on behalf of the Legislature and would not take effect until six months after the enactment of such a law.
AMENDMENTS:
Considering the policy and implementation concerns above, the author has agreed to amend to bill to make its enactment contingent upon approval by the BBS.
REGISTERED SUPPORT:
California Association for Licensed Professional Clinical Counselors (Sponsor)
Ata Action
Kaiser Permanente
Steinberg Institute
REGISTERED OPPOSITION:
None on file
Analysis Prepared by: Kaitlin Curry / B. & P. / (916) 319-3301
Discussed in Hearing
1MIN
Assembly Floor
14MIN
Assembly Standing Committee on Business and Professions
Bill Author
Bill Co-Author(s):