Article
1. General Provisions
4999.130.
(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 state’s ability to protect the public’s health and safety.
(3) Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors.
(4) Support spouses of relocating active duty military personnel.
(5) Enhance the exchange of licensure, investigative, and disciplinary information among Member States.
(6) Allow for the use of telehealth technology to facilitate increased access to Professional Counseling services.
(7) Support the
uniformity of Professional Counseling licensure requirements throughout the states to promote public safety and public health benefits.
(8) Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of Member State licenses.
(9) Eliminate the necessity for licenses in multiple states.
(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 state’s laws that is imposed by a licensing board or other authority against a
Licensed Professional Counselor, including actions against an individual’s license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a Licensed Professional Counselor’s authorization to practice, including issuance of a cease and desist action.
(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 licensee’s 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 individual’s 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.
Article
2. State Participation in the Compact
4999.140.
(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) master’s degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas:
(A) Professional counseling orientation and ethical practice.
(B) Social and cultural diversity.
(C) Human growth and development.
(D) Career development.
(E) Counseling and helping relationships.
(F) Group counseling and group work.
(G) Diagnosis and treatment.
(H) Assessment and testing.
(I) Research and program evaluation.
(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 Commission’s data system, including using the Commission’s unique identifier as defined in rules.
(2) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee.
(3) Implement or utilize procedures for
considering the criminal history records of applicants for an initial Privilege to Practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
(A) A Member State must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.
(B) Communication between a Member State, the Commission, and among Member States regarding the verification of eligibility for
licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under 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.
(c) Member States may charge a fee for granting the Privilege to Practice.
(d) Individuals not residing in a Member State shall continue to be able to apply for a Member State’s single state license as provided under the laws of each Member State. However, the single state license granted to these individuals shall not be recognized as granting a Privilege to Practice Professional Counseling in any other Member State.
(e) Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a single state license.
(f) A license issued to a Licensed
Professional Counselor by a Home State to a resident in that state shall be recognized by each Member State as authorizing a Licensed Professional Counselor to practice Professional Counseling, under a Privilege to Practice, in each Member State.
Article
3. Privilege to Practice
4999.150.
(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 state’s regulatory authority. A Remote State may, in accordance with due process and that state’s laws, remove a licensee’s Privilege to Practice in the Remote State for a specific period of time, impose fines, or take any other necessary
actions to protect the health and safety of its citizens. The licensee may be ineligible for a Privilege to Practice in any Member State until the specific time for removal has passed and all fines are paid.
(e) If a Home State license is encumbered, the licensee shall lose the Privilege to Practice in any Remote State until 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 licensee’s Privilege to Practice in any Remote State is removed, the individual may lose the Privilege to Practice in all other Remote States until 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 licensee’s ability to hold a single state license in multiple states, however for the purposes of this Compact, a licensee shall have only one Home State license.
(e) Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a single state license.
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 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.
(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 Counselor’s Privilege to Practice in all other Member States shall be deactivated until all encumbrances have been removed from the state license. All Home State disciplinary orders that impose adverse action against the license of a Licensed Professional Counselor shall include a statement that the Licensed Professional Counselor’s Privilege to Practice is deactivated in all Member States during the pendency of the order.
(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 State’s decision that
participation in an alternative program may be used in lieu of adverse action.
Article
4. Counseling Compact Commission
4999.160.
(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 State’s 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 Commission’s 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 Commission’s 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 Commission’s 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 person’s 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.
Article
6. Oversight, Dispute Resolution, and Enforcement
4999.180.
(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 Compact’s 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 state’s 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 attorney’s 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 attorney’s 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.