1     
COUNSELING STATE COMPACT

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Counseling Compact.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts the Counseling Compact;
13          ▸     provides rulemaking authority; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          58-1-301.5, as last amended by Laws of Utah 2020, Chapter 339
22          58-60-205, as last amended by Laws of Utah 2020, Chapter 339
23          58-60-305, as last amended by Laws of Utah 2020, Chapter 339
24          58-60-405, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
25     ENACTS:
26          58-60-103.1, Utah Code Annotated 1953
27          58-60a-101, Utah Code Annotated 1953

28          58-60a-102, Utah Code Annotated 1953
29          58-60a-103, Utah Code Annotated 1953
30          58-60a-104, Utah Code Annotated 1953
31          58-60a-105, Utah Code Annotated 1953
32          58-60a-106, Utah Code Annotated 1953
33          58-60a-107, Utah Code Annotated 1953
34          58-60a-108, Utah Code Annotated 1953
35          58-60a-109, Utah Code Annotated 1953
36          58-60a-110, Utah Code Annotated 1953
37          58-60a-111, Utah Code Annotated 1953
38          58-60a-112, Utah Code Annotated 1953
39          58-60a-113, Utah Code Annotated 1953
40          58-60a-114, Utah Code Annotated 1953
41          58-60a-115, Utah Code Annotated 1953
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 58-1-301.5 is amended to read:
45          58-1-301.5. Division access to Bureau of Criminal Identification records.
46          (1) The division shall have direct access to local files maintained by the Bureau of
47     Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
48     for background screening of persons who are applying for licensure, licensure renewal,
49     licensure reinstatement, or relicensure, as required in:
50          (a) Section 58-17b-307 of [Title 58,] Chapter 17b, Pharmacy Practice Act;
51          (b) Sections 58-24b-302 and 58-24b-302.1 of [Title 58,] Chapter 24b, Physical
52     Therapy Practice Act;
53          (c) Section 58-31b-302 of [Title 58,] Chapter 31b, Nurse Practice Act;
54          (d) Section 58-47b-302 of [Title 58,] Chapter 47b, Massage Therapy Practice Act;
55          (e) Section 58-55-302 of [Title 58,] Chapter 55, Utah Construction Trades Licensing
56     Act, as it applies to alarm companies and alarm company agents;
57          (f) Sections 58-60-103.1, 58-60-205, 58-60-305, and 58-60-405, of Chapter 60, Mental
58     Health Professional Practice Act;

59          [(f)] (g) Sections 58-61-304 and 58-61-304.1 of [Title 58,] Chapter 61, Psychologist
60     Licensing Act;
61          [(g)] (h) Section 58-63-302 of [Title 58,] Chapter 63, Security Personnel Licensing
62     Act;
63          [(h)] (i) Section 58-64-302 of [Title 58,] Chapter 64, Deception Detection Examiners
64     Licensing Act;
65          [(i)] (j) Sections 58-67-302 and 58-67-302.1 of [Title 58,] Chapter 67, Utah Medical
66     Practice Act; and
67          [(j)] (k) Sections 58-68-302 and 58-68-302.1 of [Title 58,] Chapter 68, Utah
68     Osteopathic Medical Practice Act.
69          (2) The division's access to criminal background information under this section:
70          (a) shall meet the requirements of Section 53-10-108; and
71          (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
72     held in abeyance, dismissed charges, and charges without a known disposition.
73          (3) The division may not disseminate outside of the division any criminal history
74     record information that the division obtains from the Bureau of Criminal Identification or the
75     Federal Bureau of Investigation under the criminal background check requirements of this
76     section.
77          Section 2. Section 58-60-103.1 is enacted to read:
78          58-60-103.1. Criminal background check.
79          (1) An applicant for licensure under this chapter who requires a criminal background
80     check shall:
81          (a) submit fingerprint cards in a form acceptable to the division at the time the license
82     application is filed; and
83          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
84     Identification and the Federal Bureau of Investigation regarding the application.
85          (2) The division shall:
86          (a) in addition to other fees authorized by this chapter, collect from each applicant
87     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
88     Identification is authorized to collect for the services provided under Section 53-10-108 and the
89     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of

90     obtaining federal criminal history record information;
91          (b) submit from each applicant the fingerprint card and the fees described in
92     Subsection (2)(a) to the Bureau of Criminal Identification; and
93          (c) obtain and retain in division records a signed waiver approved by the Bureau of
94     Criminal Identification in accordance with Section 53-10-108 for each applicant.
95          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
96     Section 53-10-108:
97          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
98     and regional criminal records databases;
99          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
100     criminal history background check; and
101          (c) provide the results from the state, regional, and nationwide criminal history
102     background checks to the division.
103          (4) For purposes of conducting a criminal background check required under this
104     section, the division shall have direct access to criminal background information maintained
105     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
106          (5) The division may not:
107          (a) disseminate outside of the division any criminal history record information that the
108     division obtains from the Bureau of Criminal Identification or the Federal Bureau of
109     Investigation under the criminal background check requirements of this section; or
110          (b) issue a letter of qualification to participate in the Counseling Compact under
111     Chapter 60a, Counseling Compact, until the criminal background check described in this
112     section is completed.
113          Section 3. Section 58-60-205 is amended to read:
114          58-60-205. Qualifications for licensure or certification as a clinical social worker,
115     certified social worker, and social service worker.
116          (1) An applicant for licensure as a clinical social worker shall:
117          (a) submit an application on a form provided by the division;
118          (b) pay a fee determined by the department under Section 63J-1-504;
119          (c) produce certified transcripts from an accredited institution of higher education
120     recognized by the division in collaboration with the board verifying satisfactory completion of

121     an education and an earned degree as follows:
122          (i) a master's degree in a social work program accredited by the Council on Social
123     Work Education or by the Canadian Association of Schools of Social Work; or
124          (ii) a doctoral degree that contains a clinical social work concentration and practicum
125     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
126     Administrative Rulemaking Act, that is consistent with Section 58-1-203;
127          (d) have completed a minimum of 4,000 hours of clinical social work training as
128     defined by division rule under Section 58-1-203:
129          (i) in not less than two years;
130          (ii) under the supervision of a supervisor approved by the division in collaboration with
131     the board who is a:
132          (A) clinical mental health counselor;
133          (B) psychiatrist;
134          (C) psychologist;
135          (D) registered psychiatric mental health nurse practitioner;
136          (E) marriage and family therapist; or
137          (F) clinical social worker; and
138          (iii) including a minimum of two hours of training in suicide prevention via a course
139     that the division designates as approved;
140          (e) document successful completion of not less than 1,000 hours of supervised training
141     in mental health therapy obtained after completion of the education requirement in Subsection
142     (1)(c), which training may be included as part of the 4,000 hours of training in Subsection
143     (1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
144     obtained under the direct supervision, as defined by rule, of a supervisor described in
145     Subsection (1)(d)(ii);
146          (f) have completed a case work, group work, or family treatment course sequence with
147     a clinical practicum in content as defined by rule under Section 58-1-203; [and]
148          (g) pass the examination requirement established by rule under Section 58-1-203[.];
149     and
150          (h) if the applicant is applying to participate in the Counseling Compact under Chapter
151     60a, Counseling Compact, consent to a criminal background check in accordance with Section

152     58-60-103.1 and any requirements established by division rule made in accordance with Title
153     63G, Chapter 3, Utah Administrative Rulemaking Act.
154          (2) An applicant for licensure as a certified social worker shall:
155          (a) submit an application on a form provided by the division;
156          (b) pay a fee determined by the department under Section 63J-1-504;
157          (c) produce certified transcripts from an accredited institution of higher education
158     recognized by the division in collaboration with the board verifying satisfactory completion of
159     an education and an earned degree as follows:
160          (i) a master's degree in a social work program accredited by the Council on Social
161     Work Education or by the Canadian Association of Schools of Social Work; or
162          (ii) a doctoral degree that contains a clinical social work concentration and practicum
163     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
164     Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
165          (d) pass the examination requirement established by rule under Section 58-1-203.
166          (3) (a) An applicant for certification as a certified social worker intern shall meet the
167     requirements of Subsections (2)(a), (b), and (c).
168          (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
169     examination required under Subsection (2)(d) or six months, whichever occurs first.
170          (c) A certified social worker intern may provide mental health therapy under the
171     general supervision, as defined by rule, of a supervisor described in Subsection (1)(d)(ii).
172          (4) An applicant for licensure as a social service worker shall:
173          (a) submit an application on a form provided by the division;
174          (b) pay a fee determined by the department under Section 63J-1-504;
175          (c) produce certified transcripts from an accredited institution of higher education
176     recognized by the division in collaboration with the board verifying satisfactory completion of
177     an education and an earned degree as follows:
178          (i) a bachelor's degree in a social work program accredited by the Council on Social
179     Work Education or by the Canadian Association of Schools of Social Work;
180          (ii) a master's degree in a field approved by the division in collaboration with the
181     board;
182          (iii) a bachelor's degree in any field if the applicant:

183          (A) has completed at least three semester hours, or the equivalent, in each of the
184     following areas:
185          (I) social welfare policy;
186          (II) human growth and development; and
187          (III) social work practice methods, as defined by rule; and
188          (B) provides documentation that the applicant has completed at least 2,000 hours of
189     qualifying experience under the supervision of a mental health therapist, which experience is
190     approved by the division in collaboration with the board, and which is performed after
191     completion of the requirements to obtain the bachelor's degree required under this Subsection
192     (4); or
193          (iv) successful completion of the first academic year of a Council on Social Work
194     Education approved master's of social work curriculum and practicum; and
195          (d) pass the examination requirement established by rule under Section 58-1-203.
196          (5) The division shall ensure that the rules for an examination described under
197     Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
198     requested by an applicant who is:
199          (a) a foreign born legal resident of the United States for whom English is a second
200     language; or
201          (b) an enrolled member of a federally recognized Native American tribe.
202          Section 4. Section 58-60-305 is amended to read:
203          58-60-305. Qualifications for licensure.
204          (1) All applicants for licensure as marriage and family therapists shall:
205          (a) submit an application on a form provided by the division;
206          (b) pay a fee determined by the department under Section 63J-1-504;
207          (c) produce certified transcripts evidencing completion of a masters or doctorate degree
208     in marriage and family therapy from:
209          (i) a program accredited by the Commission on Accreditation for Marriage and Family
210     Therapy Education; or
211          (ii) an accredited institution meeting criteria for approval established by rule under
212     Section 58-1-203;
213          (d) have completed a minimum of 4,000 hours of marriage and family therapy training

214     as defined by division rule under Section 58-1-203:
215          (i) in not less than two years;
216          (ii) under the supervision of a mental health therapist supervisor who meets the
217     requirements of Section 58-60-307;
218          (iii) obtained after completion of the education requirement in Subsection (1)(c); and
219          (iv) including a minimum of two hours of training in suicide prevention via a course
220     that the division designates as approved;
221          (e) document successful completion of not less than 1,000 hours of supervised training
222     in mental health therapy obtained after completion of the education requirement described in
223     Subsection (1)(c)(i) or (1)(c)(ii), which training may be included as part of the 4,000 hours of
224     training described in Subsection (1)(d), and of which documented evidence demonstrates not
225     less than 100 of the supervised hours were obtained during direct, personal supervision, as
226     defined by rule, by a mental health therapist supervisor qualified under Section 58-60-307;
227     [and]
228          (f) pass the examination requirement established by division rule under Section
229     58-1-203[.]; and
230          (g) if the applicant is applying to participate in the Counseling Compact under Chapter
231     60a, Counseling Compact, consent to a criminal background check in accordance with Section
232     58-60-103.1 and any requirements established by division rule made in accordance with Title
233     63G, Chapter 3, Utah Administrative Rulemaking Act.
234          (2) (a) All applicants for licensure as an associate marriage and family therapist shall
235     comply with the provisions of Subsections (1)(a), (b), and (c).
236          (b) An individual's license as an associate marriage and family therapist is limited to
237     the period of time necessary to complete clinical training as described in Subsections (1)(d) and
238     (e) and extends not more than one year from the date the minimum requirement for training is
239     completed, unless the individual presents satisfactory evidence to the division and the
240     appropriate board that the individual is making reasonable progress toward passing of the
241     qualifying examination for that profession or is otherwise on a course reasonably expected to
242     lead to licensure, but the period of time under this Subsection (2)(b) may not exceed two years
243     past the date the minimum supervised clinical training requirement has been completed.
244          Section 5. Section 58-60-405 is amended to read:

245          58-60-405. Qualifications for licensure.
246          (1) An applicant for licensure as a clinical mental health counselor shall:
247          (a) submit an application on a form provided by the division;
248          (b) pay a fee determined by the department under Section 63J-1-504;
249          (c) produce certified transcripts evidencing completion of:
250          (i) a master's or doctorate degree conferred to the applicant in:
251          (A) clinical mental health counseling, clinical rehabilitation counseling, counselor
252     education and supervision from a program accredited by the Council for Accreditation of
253     Counseling and Related Educational Programs; or
254          (B) clinical mental health counseling or an equivalent field from a program affiliated
255     with an institution that has accreditation that is recognized by the Council for Higher Education
256     Accreditation; and
257          (ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
258     an educational program described in Subsection (1)(d)(i);
259          (d) have completed a minimum of 4,000 hours of clinical mental health counselor
260     training as defined by division rule under Section 58-1-203:
261          (i) in not less than two years;
262          (ii) under the supervision of a clinical mental health counselor, psychiatrist,
263     psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
264     marriage and family therapist supervisor approved by the division in collaboration with the
265     board;
266          (iii) obtained after completion of the education requirement in Subsection (1)(c); and
267          (iv) including a minimum of two hours of training in suicide prevention via a course
268     that the division designates as approved;
269          (e) document successful completion of not less than 1,000 hours of supervised training
270     in mental health therapy obtained after completion of the education requirement in Subsection
271     (1)(c), which training may be included as part of the 4,000 hours of training in Subsection
272     (1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
273     obtained under the direct supervision of a mental health therapist, as defined by rule; [and]
274          (f) pass the examination requirement established by division rule under Section
275     58-1-203[.]; and

276          (g) if the applicant is applying to participate in the Counseling Compact under Chapter
277     60a, Counseling Compact, consent to a criminal background check in accordance with Section
278     58-60-103.1 and any requirements established by division rule made in accordance with Title
279     63G, Chapter 3, Utah Administrative Rulemaking Act.
280          (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
281     comply with the provisions of Subsections (1)(a), (b), and (c).
282          (b) Except as provided under Subsection (2)(c), an individual's licensure as an
283     associate clinical mental health counselor is limited to the period of time necessary to complete
284     clinical training as described in Subsections (1)(d) and (e) and extends not more than one year
285     from the date the minimum requirement for training is completed.
286          (c) The time period under Subsection (2)(b) may be extended to a maximum of two
287     years past the date the minimum supervised clinical training requirement has been completed,
288     if the applicant presents satisfactory evidence to the division and the appropriate board that the
289     individual is:
290          (i) making reasonable progress toward passing of the qualifying examination for that
291     profession; or
292          (ii) otherwise on a course reasonably expected to lead to licensure.
293          (3) (a) Notwithstanding Subsection (1)(c), an applicant satisfies the education
294     requirement described in Subsection (1)(c) if the applicant submits documentation verifying:
295          (i) satisfactory completion of a doctoral or master's degree from an educational
296     program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
297     and Related Educational Programs;
298          (ii) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
299     hours of coursework related to an educational program described in Subsection (1)(c)(i); and
300          (iii) that the applicant received a passing score that is valid and in good standing on:
301          (A) the National Counselor Examination; and
302          (B) the National Clinical Mental Health Counseling Examination.
303          (b) During the 2021 interim, the division shall report to the Occupational and
304     Professional Licensure Review Committee created in Section 36-23-102 on:
305          (i) the number of applicants who applied for licensure under this Subsection (3);
306          (ii) the number of applicants who were approved for licensure under this Subsection

307     (3);
308          (iii) any changes to division rule after May 12, 2020, regarding the qualifications for
309     licensure under this section; and
310          (iv) recommendations for legislation or other action that the division considers
311     necessary to carry out the provisions of this Subsection (3).
312          Section 6. Section 58-60a-101 is enacted to read:
313     
CHAPTER 60a. COUNSELING COMPACT

314          58-60a-101. Section 1 -- Purpose.
315          The purpose of this Compact is to facilitate interstate practice of Licensed Professional
316     Counselors with the goal of improving public access to Professional Counseling services. The
317     practice of Professional Counseling occurs in the State where the client is located at the time of
318     the counseling services. The Compact preserves the regulatory authority of States to protect
319     public health and safety through the current system of State licensure.
320          This Compact is designed to achieve the following objectives:
321          A. Increase public access to Professional Counseling services by providing for the
322     mutual recognition of other Member State licenses;
323          B. Enhance the States' ability to protect the public's health and safety;
324          C. Encourage the cooperation of Member States in regulating multistate practice for
325     Licensed Professional Counselors;
326          D. Support spouses of relocating Active Duty Military personnel;
327          E. Enhance the exchange of licensure, investigative, and disciplinary information
328     among Member States;
329          F. Allow for the use of Telehealth technology to facilitate increased access to
330     Professional Counseling services;
331          G. Support the uniformity of Professional Counseling licensure requirements
332     throughout the States to promote public safety and public health benefits;
333          H. Invest all Member States with the authority to hold a Licensed Professional
334     Counselor accountable for meeting all State practice laws in the State in which the client is
335     located at the time care is rendered through the mutual recognition of Member State licenses;
336          I. Eliminate the necessity for licenses in multiple States; and
337          J. Provide opportunities for interstate practice by Licensed Professional Counselors who

338     meet uniform licensure requirements.
339          Section 7. Section 58-60a-102 is enacted to read:
340          58-60a-102. Section 2 -- Definitions.
341          As used in this Compact, and except as otherwise provided, the following definitions
342     shall apply:
343          A. "Active Duty Military" means full-time duty status in the active uniformed service of
344     the United States, including members of the National Guard and Reserve on active duty orders
345     pursuant to 10 U.S.C. Chapters 1209 and 1211.
346          B. "Adverse Action" means any administrative, civil, equitable or criminal action
347     permitted by a State's laws which is imposed by a licensing board or other authority against a
348     Licensed Professional Counselor, including actions against an individual's license or Privilege
349     to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on
350     the licensee's practice, or any other Encumbrance on licensure affecting a Licensed
351     Professional Counselor's authorization to practice, including issuance of a cease and desist
352     action.
353          C. "Alternative Program" means a non-disciplinary monitoring or practice remediation
354     process approved by a Professional Counseling Licensing Board to address Impaired
355     Practitioners.
356          D. "Continuing Competence/Education" means a requirement, as a condition of license
357     renewal, to provide evidence of participation in, and/or completion of, educational and
358     professional activities relevant to practice or area of work.
359          E. "Counseling Compact Commission" or "Commission" means the national
360     administrative body whose membership consists of all States that have enacted the Compact.
361          F. "Current Significant Investigative Information" means:
362          1. Investigative Information that a Licensing Board, after a preliminary inquiry that
363     includes notification and an opportunity for the Licensed Professional Counselor to respond, if
364     required by State law, has reason to believe is not groundless and, if proved true, would
365     indicate more than a minor infraction;
366          2. Investigative Information that indicates that the Licensed Professional Counselor
367     represents an immediate threat to public health and safety regardless of whether the Licensed
368     Professional Counselor has been notified and had an opportunity to respond.

369          G. "Data System" means a repository of information about Licensees, including, but not
370     limited to, continuing education, examination, licensure, investigative, Privilege to Practice and
371     Adverse Action information.
372          H. "Encumbered License" means a license in which an Adverse Action restricts the
373     practice of licensed Professional Counseling by the Licensee and said Adverse Action has been
374     reported to the National Practitioners Data Bank (NPDB).
375          I. "Encumbrance" means a revocation or suspension of, or any limitation on, the full
376     and unrestricted practice of Licensed Professional Counseling by a Licensing Board.
377          J. "Executive Committee" means a group of directors elected or appointed to act on
378     behalf of, and within the powers granted to them by, the Commission.
379          K. "Home State" means the Member State that is the Licensee's primary State of
380     residence.
381          L. "Impaired Practitioner" means an individual who has a condition(s) that may impair
382     their ability to practice as a Licensed Professional Counselor without some type of intervention
383     and may include, but are not limited to, alcohol and drug dependence, mental health
384     impairment, and neurological or physical impairments.
385          M. "Investigative Information" means information, records, and documents received or
386     generated by a Professional Counseling Licensing Board pursuant to an investigation.
387          N. "Jurisprudence Requirement" if required by a Member State, means the assessment
388     of an individual's knowledge of the laws and Rules governing the practice of Professional
389     Counseling in a State.
390          O. "Licensed Professional Counselor" means a counselor licensed by a Member State,
391     regardless of the title used by that State, to independently assess, diagnose, and treat behavioral
392     health conditions.
393          P. "Licensee" means an individual who currently holds an authorization from the State
394     to practice as a Licensed Professional Counselor.
395          Q. "Licensing Board" means the agency of a State, or equivalent, that is responsible for
396     the licensing and regulation of Licensed Professional Counselors.
397          R. "Member State" means a State that has enacted the Compact.
398          S. "Privilege to Practice" means a legal authorization, which is equivalent to a license,
399     permitting the practice of Professional Counseling in a Remote State.

400          T. "Professional Counseling" means the assessment, diagnosis, and treatment of
401     behavioral health conditions by a Licensed Professional Counselor.
402          U. "Remote State" means a Member State other than the Home State, where a Licensee
403     is exercising or seeking to exercise the Privilege to Practice.
404          V. "Rule" means a regulation promulgated by the Commission that has the force of law.
405          W. "Single State License" means a Licensed Professional Counselor license issued by a
406     Member State that authorizes practice only within the issuing State and does not include a
407     Privilege to Practice in any other Member State.
408          X. "State" means any state, commonwealth, district, or territory of the United States of
409     America that regulates the practice of Professional Counseling.
410          Y. "Telehealth" means the application of telecommunication technology to deliver
411     Professional Counseling services remotely to assess, diagnose, and treat behavioral health
412     conditions.
413          Z. "Unencumbered License" means a license that authorizes a Licensed Professional
414     Counselor to engage in the full and unrestricted practice of Professional Counseling.
415          Section 8. Section 58-60a-103 is enacted to read:
416          58-60a-103. Section 3 -- State participation in the Compact.
417          A. To Participate in the Compact, a State must currently:
418          1. License and regulate Licensed Professional Counselors;
419          2. Require Licensees to pass a nationally recognized exam approved by the
420     Commission;
421          3. Require Licensees to have a 60 semester-hour (or 90 quarter-hour) master's degree in
422     counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the
423     following topic areas:
424          a. Professional Counseling Orientation and Ethical Practice;
425          b. Social and Cultural Diversity;
426          c. Human Growth and Development;
427          d. Career Development;
428          e. Counseling and Helping Relationships;
429          f. Group Counseling and Group Work;
430          g. Diagnosis and Treatment; Assessment and Testing;

431          h. Research and Program Evaluation; and
432          i. Other areas as determined by the Commission;
433          4. Require Licensees to complete a supervised postgraduate professional experience as
434     defined by the Commission; and
435          5. Have a mechanism in place for receiving and investigating complaints about
436     Licensees.
437          B. A Member State shall:
438          1. Participate fully in the Commission's Data System, including using the Commission's
439     unique identifier as defined in Rules;
440          2. Notify the Commission, in compliance with the terms of the Compact and Rules, of
441     any Adverse Action or the availability of Investigative Information regarding a Licensee;
442          3. Implement or utilize procedures for considering the criminal history records of
443     applicants for an initial Privilege to Practice. These procedures shall include the submission of
444     fingerprints or other biometric-based information by applicants for the purpose of obtaining an
445     applicant's criminal history record information from the Federal Bureau of Investigation and
446     the agency responsible for retaining that State's criminal records;
447          a. A member state must fully implement a criminal background check requirement,
448     within a time frame established by rule, by receiving the results of the Federal Bureau of
449     Investigation record search and shall use the results in making licensure decisions;
450          b. Communication between a Member State, the Commission and among Member
451     States regarding the verification of eligibility for licensure through the Compact shall not
452     include any information received from the Federal Bureau of Investigation relating to a federal
453     criminal records check performed by a Member State under Public Law 92-544.
454          4. Comply with the Rules of the Commission;
455          5. Require an applicant to obtain or retain a license in the Home State and meet the
456     Home State's qualifications for licensure or renewal of licensure, as well as all other applicable
457     State laws;
458          6. Grant the Privilege to Practice to a Licensee holding a valid Unencumbered License
459     in another Member State in accordance with the terms of the Compact and Rules; and
460          7. Provide for the attendance of the State's commissioner to the Counseling Compact
461     Commission meetings.

462          C. Member States may charge a fee for granting the Privilege to Practice.
463          D. Individuals not residing in a Member State shall continue to be able to apply for a
464     Member State's Single State License as provided under the laws of each Member State.
465     However, the Single State License granted to these individuals shall not be recognized as
466     granting a Privilege to Practice Professional Counseling in any other Member State.
467          E. Nothing in this Compact shall affect the requirements established by a Member State
468     for the issuance of a Single State License.
469          F. A license issued to a Licensed Professional Counselor by a Home State to a resident
470     in that State shall be recognized by each Member State as authorizing a Licensed Professional
471     Counselor to practice Professional Counseling, under a Privilege to Practice, in each Member
472     State.
473          Section 9. Section 58-60a-104 is enacted to read:
474          58-60a-104. Section 4 -- Privilege to Practice.
475          A. To exercise the Privilege to Practice under the terms and provisions of the Compact,
476     the Licensee shall:
477          1. Hold a license in the Home State;
478          2. Have a valid United States Social Security Number or National Practitioner
479     Identifier;
480          3. Be eligible for a Privilege to Practice in any Member State in accordance with
481     Section 4(D), (G) and (H);
482          4. Have not had any Encumbrance or restriction against any license or Privilege to
483     Practice within the previous two (2) years;
484          5. Notify the Commission that the Licensee is seeking the Privilege to Practice within a
485     Remote State(s);
486          6. Pay any applicable fees, including any State fee, for the Privilege to Practice;
487          7. Meet any Continuing Competence/Education requirements established by the Home
488     State;
489          8. Meet any Jurisprudence Requirements established by the Remote State(s) in which
490     the Licensee is seeking a Privilege to Practice; and
491          9. Report to the Commission any Adverse Action, Encumbrance, or restriction on
492     license taken by any non-Member State within 30 days from the date the action is taken.

493          B. The Privilege to Practice is valid until the expiration date of the Home State license.
494     The Licensee must comply with the requirements of Subsection 4(A) to maintain the Privilege
495     to Practice in the Remote State.
496          C. A Licensee providing Professional Counseling in a Remote State under the Privilege
497     to Practice shall adhere to the laws and regulations of the Remote State.
498          D. A Licensee providing Professional Counseling services in a Remote State is subject
499     to that State's regulatory authority. A Remote State may, in accordance with due process and
500     that State's laws, remove a Licensee's Privilege to Practice in the Remote State for a specific
501     period of time, impose fines, and/or take any other necessary actions to protect the health and
502     safety of its citizens. The Licensee may be ineligible for a Privilege to Practice in any Member
503     State until the specific time for removal has passed and all fines are paid.
504          E. If a Home State license is encumbered, the Licensee shall lose the Privilege to
505     Practice in any Remote State until the following occur:
506          1. The Home State license is no longer encumbered; and
507          2. Have not had any Encumbrance or restriction against any license or Privilege to
508     Practice within the previous two (2) years.
509          F. Once an Encumbered License in the Home State is restored to good standing, the
510     Licensee must meet the requirements of Subsection 4(A) to obtain a Privilege to Practice in any
511     Remote State.
512          G. If a Licensee's Privilege to Practice in any Remote State is removed, the individual
513     may lose the Privilege to Practice in all other Remote States until the following occur:
514          1. The specific period of time for which the Privilege to Practice was removed has
515     ended;
516          2. All fines have been paid;
517          3. Have not had any Encumbrance or restriction against any license or Privilege to
518     Practice within the previous two (2) years.
519          H. Once the requirements of Subsection 4(G) have been met, the Licensee must meet
520     the requirements in Subsection 4(A) to obtain a Privilege to Practice in a Remote State.
521          Section 10. Section 58-60a-105 is enacted to read:
522          58-60a-105. Section 5 -- Obtaining a new Home State license based on a Privilege
523     to Practice.

524          A. A Licensed Professional Counselor may hold a Home State license, which allows for
525     a Privilege to Practice in other Member States, in only one Member State at a time.
526          B. If a Licensed Professional Counselor changes primary State of residence by moving
527     between two Member States:
528          1. The Licensed Professional Counselor shall file an application for obtaining a new
529     Home State license based on a Privilege to Practice, pay all applicable fees, and notify the
530     current and new Home State in accordance with applicable Rules adopted by the Commission.
531          2. Upon receipt of an application for obtaining a new Home State license by virtue of a
532     Privilege to Practice, the new Home State shall verify that the Licensed Professional Counselor
533     meets the pertinent criteria outlined in Section 58-60a-104 via the Data System, without need
534     for primary source verification except for:
535          a. a Federal Bureau of Investigation fingerprint based criminal background check if not
536     previously performed or updated pursuant to applicable rules adopted by the Commission in
537     accordance with Public Law 92-544;
538          b. other criminal background check as required by the new Home State; and
539          c. completion of any requisite Jurisprudence Requirements of the new Home State.
540          3. The former Home State shall convert the former Home State license into a Privilege
541     to Practice once the new Home State has activated the new Home State license in accordance
542     with applicable Rules adopted by the Commission.
543          4. Notwithstanding any other provision of this Compact, if the Licensed Professional
544     Counselor cannot meet the criteria in Section 58-60a-104, the new Home State may apply its
545     requirements for issuing a new Single State License.
546          5. The Licensed Professional Counselor shall pay all applicable fees to the new Home
547     State in order to be issued a new Home State license.
548          C. If a Licensed Professional Counselor changes Primary State of Residence by moving
549     from Member State to a non-Member State, or from a non-Member State to a Member State,
550     the State criteria shall apply for issuance of a Single State License in the new State.
551          D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single
552     State License in multiple States, however for the purposes of this Compact, a Licensee shall
553     have only one Home State license.
554          E. Nothing in this Compact shall affect the requirements established by a Member State

555     for the issuance of a Single State License.
556          Section 11. Section 58-60a-106 is enacted to read:
557          58-60a-106. Section 6 -- Active Duty Military personnel or their spouses.
558          Active Duty Military personnel, or their spouses, shall designate a Home State where
559     the individual has a current license in good standing. The individual may retain the Home State
560     designation during the period the service member is on active duty. Subsequent to designating
561     a Home State, the individual shall only change their Home State through application for
562     licensure in the new State, or through the process outlined in Section 58-60a-105.
563          Section 12. Section 58-60a-107 is enacted to read:
564          58-60a-107. Section 7 -- Compact Privilege to Practice Telehealth.
565          A. Member States shall recognize the right of a Licensed Professional Counselor,
566     licensed by a Home State in accordance with Section 58-60a-103 and under Rules promulgated
567     by the Commission, to practice Professional Counseling in any Member State via Telehealth
568     under a Privilege to Practice as provided in the Compact and Rules promulgated by the
569     Commission.
570          B. A Licensee providing Professional Counseling services in a Remote State under the
571     Privilege to Practice shall adhere to the laws and regulations of the Remote State.
572          Section 13. Section 58-60a-108 is enacted to read:
573          58-60a-108. Section 8 -- Adverse actions.
574          A. In addition to the other powers conferred by State law, a Remote State shall have the
575     authority, in accordance with existing State due process law, to:
576          1. Take Adverse Action against a Licensed Professional Counselor's Privilege to
577     Practice within that Member State; and
578          2. Issue subpoenas for both hearings and investigations that require the attendance and
579     testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing
580     Board in a Member State for the attendance and testimony of witnesses or the production of
581     evidence from another Member State shall be enforced in the latter State by any court of
582     competent jurisdiction, according to the practice and procedure of that court applicable to
583     subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
584     fees, travel expenses, mileage, and other fees required by the service statutes of the State in
585     which the witnesses or evidence are located.

586          3. Only the Home State shall have the power to take Adverse Action against a Licensed
587     Professional Counselor's license issued by the Home State.
588          B. For purposes of taking Adverse Action, the Home State shall give the same priority
589     and effect to reported conduct received from a Member State as it would if the conduct had
590     occurred within the Home State. In so doing, the Home State shall apply its own State laws to
591     determine appropriate action.
592          C. The Home State shall complete any pending investigations of a Licensed
593     Professional Counselor who changes primary State of residence during the course of the
594     investigations. The Home State shall also have the authority to take appropriate action(s) and
595     shall promptly report the conclusions of the investigations to the administrator of the Data
596     System. The administrator of the coordinated licensure information system shall promptly
597     notify the new Home State of any Adverse Actions.
598          D. A Member State, if otherwise permitted by State law, may recover from the affected
599     Licensed Professional Counselor the costs of investigations and dispositions of cases resulting
600     from any Adverse Action taken against that Licensed Professional Counselor.
601          E. A Member State may take Adverse Action based on the factual findings of the
602     Remote State, provided that the Member State follows its own procedures for taking the
603     Adverse Action.
604          F. Joint Investigations:
605          1. In addition to the authority granted to a Member State by its respective Professional
606     Counseling practice act or other applicable State law, any Member State may participate with
607     other Member States in joint investigations of Licensees.
608          2. Member States shall share any investigative, litigation, or compliance materials in
609     furtherance of any joint or individual investigation initiated under the Compact.
610          G. If Adverse Action is taken by the Home State against the license of a Licensed
611     Professional Counselor, the Licensed Professional Counselor's Privilege to Practice in all other
612     Member States shall be deactivated until all Encumbrances have been removed from the State
613     license. All Home State disciplinary orders that impose Adverse Action against the license of a
614     Licensed Professional Counselor shall include a Statement that the Licensed Professional
615     Counselor's Privilege to Practice is deactivated in all Member States during the pendency of the
616     order.

617          H. If a Member State takes Adverse Action, it shall promptly notify the administrator of
618     the Data System. The administrator of the Data System shall promptly notify the Home State of
619     any Adverse Actions by Remote States.
620          I. Nothing in this Compact shall override a Member State's decision that participation in
621     an Alternative Program may be used in lieu of Adverse Action.
622          Section 14. Section 58-60a-109 is enacted to read:
623          58-60a-109. Section 9 -- Establishment of Counseling Compact Commission.
624          A. The Compact Member States hereby create and establish a joint public agency
625     known as the Counseling Compact Commission:
626          1. The Commission is an instrumentality of the Compact States.
627          2. Venue is proper and judicial proceedings by or against the Commission shall be
628     brought solely and exclusively in a court of competent jurisdiction where the principal office of
629     the Commission is located. The Commission may waive venue and jurisdictional defenses to
630     the extent it adopts or consents to participate in alternative dispute resolution proceedings.
631          3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
632          B. Membership, Voting, and Meetings:
633          1. Each Member State shall have and be limited to one (1) delegate selected by that
634     Member State's Licensing Board.
635          2. The delegate shall be either:
636          a. A current member of the Licensing Board at the time of appointment, who is a
637     Licensed Professional Counselor or public member; or
638          b. An administrator of the Licensing Board.
639          3. Any delegate may be removed or suspended from office as provided by the law of
640     the State from which the delegate is appointed.
641          4. The Member State Licensing Board shall fill any vacancy occurring on the
642     Commission within 60 days.
643          5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of
644     Rules and creation of bylaws and shall otherwise have an opportunity to participate in the
645     business and affairs of the Commission.
646          6. A delegate shall vote in person or by such other means as provided in the bylaws.
647     The bylaws may provide for delegates' participation in meetings by telephone or other means of

648     communication.
649          7. The Commission shall meet at least once during each calendar year. Additional
650     meetings shall be held as set forth in the bylaws.
651          8. The Commission shall by Rule establish a term of office for delegates and may by
652     Rule establish term limits.
653          C. The Commission shall have the following powers and duties:
654          1. Establish the fiscal year of the Commission;
655          2. Establish bylaws;
656          3. Maintain its financial records in accordance with the bylaws;
657          4. Meet and take such actions as are consistent with the provisions of this Compact and
658     the bylaws;
659          5. Promulgate Rules which shall be binding to the extent and in the manner provided
660     for in the Compact;
661          6. Bring and prosecute legal proceedings or actions in the name of the Commission,
662     provided that the standing of any State Licensing Board to sue or be sued under applicable law
663     shall not be affected;
664          7. Purchase and maintain insurance and bonds;
665          8. Borrow, accept, or contract for services of personnel, including, but not limited to,
666     employees of a Member State;
667          9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such
668     individuals appropriate authority to carry out the purposes of the Compact, and establish the
669     Commission's personnel policies and programs relating to conflicts of interest, qualifications of
670     personnel, and other related personnel matters;
671          10. Accept any and all appropriate donations and grants of money, equipment,
672     supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that
673     at all times the Commission shall avoid any appearance of impropriety and/or conflict of
674     interest;
675          11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
676     hold, improve or use, any property, real, personal or mixed; provided that at all times the
677     Commission shall avoid any appearance of impropriety;
678          12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of

679     any property real, personal, or mixed;
680          13. Establish a budget and make expenditures;
681          14. Borrow money;
682          15. Appoint committees, including standing committees composed of members, State
683     regulators, State legislators or their representatives, and consumer representatives, and such
684     other interested persons as may be designated in this Compact and the bylaws;
685          16. Provide and receive information from, and cooperate with, law enforcement
686     agencies;
687          17. Establish and elect an Executive Committee; and
688          18. Perform such other functions as may be necessary or appropriate to achieve the
689     purposes of this Compact consistent with the State regulation of Professional Counseling
690     licensure and practice.
691          D. The Executive Committee
692          1. The Executive Committee shall have the power to act on behalf of the Commission
693     according to the terms of this Compact.
694          2. The Executive Committee shall be composed of up to eleven (11) members:
695          a. Seven voting members who are elected by the Commission from the current
696     membership of the Commission; and
697          b. Up to four (4) ex-officio, nonvoting members from four (4) recognized national
698     professional counselor organizations.
699          c. The ex-officio members will be selected by their respective organizations.
700          3. The Commission may remove any member of the Executive Committee as provided
701     in bylaws.
702          4. The Executive Committee shall meet at least annually.
703          5. The Executive Committee shall have the following duties and responsibilities:
704          a. Recommend to the entire Commission changes to the Rules or bylaws, changes to
705     this Compact legislation, fees paid by Compact Member States such as annual dues, and any
706     Commission Compact fee charged to Licensees for the Privilege to Practice;
707          b. Ensure Compact administration services are appropriately provided, contractual or
708     otherwise;
709          c. Prepare and recommend the budget;

710          d. Maintain financial records on behalf of the Commission;
711          e. Monitor Compact compliance of Member States and provide compliance reports to
712     the Commission;
713          f. Establish additional committees as necessary; and
714          g. Other duties as provided in Rules or bylaws.
715          E. Meetings of the Commission
716          1. All meetings shall be open to the public, and public notice of meetings shall be
717     given in the same manner as required under the Rulemaking provisions in Section 58-60a-111.
718          2. The Commission or the Executive Committee or other committees of the
719     Commission may convene in a closed, non-public meeting if the Commission or Executive
720     Committee or other committees of the Commission must discuss:
721          a. Non-compliance of a Member State with its obligations under the Compact;
722          b. The employment, compensation, discipline or other matters, practices or procedures
723     related to specific employees or other matters related to the Commission's internal personnel
724     practices and procedures;
725          c. Current, threatened, or reasonably anticipated litigation;
726          d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
727     estate;
728          e. Accusing any person of a crime or formally censuring any person;
729          f. Disclosure of trade secrets or commercial or financial information that is privileged
730     or confidential;
731          g. Disclosure of information of a personal nature where disclosure would constitute a
732     clearly unwarranted invasion of personal privacy;
733          h. Disclosure of investigative records compiled for law enforcement purposes;
734          i. Disclosure of information related to any investigative reports prepared by or on behalf
735     of or for use of the Commission or other committee charged with responsibility of investigation
736     or determination of compliance issues pursuant to the Compact; or
737          j. Matters specifically exempted from disclosure by federal or Member State statute.
738          3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
739     Commission's legal counsel or designee shall certify that the meeting may be closed and shall
740     reference each relevant exempting provision.

741          4. The Commission shall keep minutes that fully and clearly describe all matters
742     discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
743     reasons therefore, including a description of the views expressed. All documents considered in
744     connection with an action shall be identified in such minutes. All minutes and documents of a
745     closed meeting shall remain under seal, subject to release by a majority vote of the Commission
746     or order of a court of competent jurisdiction.
747          F. Financing of the Commission
748          1. The Commission shall pay, or provide for the payment of, the reasonable expenses
749     of its establishment, organization, and ongoing activities.
750          2. The Commission may accept any and all appropriate revenue sources, donations, and
751     grants of money, equipment, supplies, materials, and services.
752          3. The Commission may levy on and collect an annual assessment from each Member
753     State or impose fees on other parties to cover the cost of the operations and activities of the
754     Commission and its staff, which must be in a total amount sufficient to cover its annual budget
755     as approved each year for which revenue is not provided by other sources. The aggregate
756     annual assessment amount shall be allocated based upon a formula to be determined by the
757     Commission, which shall promulgate a Rule binding upon all Member States.
758          4. The Commission shall not incur obligations of any kind prior to securing the funds
759     adequate to meet the same; nor shall the Commission pledge the credit of any of the Member
760     States, except by and with the authority of the Member State.
761          5. The Commission shall keep accurate accounts of all receipts and disbursements. The
762     receipts and disbursements of the Commission shall be subject to the audit and accounting
763     procedures established under its bylaws. However, all receipts and disbursements of funds
764     handled by the Commission shall be audited yearly by a certified or licensed public accountant,
765     and the report of the audit shall be included in and become part of the annual report of the
766     Commission.
767          G. Qualified Immunity, Defense, and Indemnification
768          1. The members, officers, executive director, employees and representatives of the
769     Commission shall be immune from suit and liability, either personally or in their official
770     capacity, for any claim for damage to or loss of property or personal injury or other civil
771     liability caused by or arising out of any actual or alleged act, error or omission that occurred, or

772     that the person against whom the claim is made had a reasonable basis for believing occurred
773     within the scope of Commission employment, duties or responsibilities; provided that nothing
774     in this paragraph shall be construed to protect any such person from suit and/or liability for any
775     damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of
776     that person.
777          2. The Commission shall defend any member, officer, executive director, employee or
778     representative of the Commission in any civil action seeking to impose liability arising out of
779     any actual or alleged act, error, or omission that occurred within the scope of Commission
780     employment, duties, or responsibilities, or that the person against whom the claim is made had
781     a reasonable basis for believing occurred within the scope of Commission employment, duties,
782     or responsibilities; provided that nothing herein shall be construed to prohibit that person from
783     retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
784     omission did not result from that person's intentional or willful or wanton misconduct.
785          3. The Commission shall indemnify and hold harmless any member, officer, executive
786     director, employee, or representative of the Commission for the amount of any settlement or
787     judgment obtained against that person arising out of any actual or alleged act, error, or
788     omission that occurred within the scope of Commission employment, duties, or
789     responsibilities, or that such person had a reasonable basis for believing occurred within the
790     scope of Commission employment, duties, or responsibilities, provided that the actual or
791     alleged act, error, or omission did not result from the intentional or willful or wanton
792     misconduct of that person.
793          Section 15. Section 58-60a-110 is enacted to read:
794          58-60a-110. Section 10 -- Data System.
795          A. The Commission shall provide for the development, maintenance, operation, and
796     utilization of a coordinated database and reporting system containing licensure, Adverse
797     Action, and Investigative Information on all licensed individuals in Member States.
798          B. Notwithstanding any other provision of State law to the contrary, a Member State
799     shall submit a uniform data set to the Data System on all individuals to whom this Compact is
800     applicable as required by the Rules of the Commission, including:
801          1. Identifying information;
802          2. Licensure data;

803          3. Adverse Actions against a license or Privilege to Practice;
804          4. Non-confidential information related to Alternative Program participation;
805          5. Any denial of application for licensure, and the reason(s) for such denial;
806          6. Current Significant Investigative Information; and
807          7. Other information that may facilitate the administration of this Compact, as
808     determined by the Rules of the Commission.
809          C. Investigative Information pertaining to a Licensee in any Member State will only be
810     available to other Member States.
811          D. The Commission shall promptly notify all Member States of any Adverse Action
812     taken against a Licensee or an individual applying for a license. Adverse Action information
813     pertaining to a Licensee in any Member State will be available to any other Member State.
814          E. Member States contributing information to the Data System may designate
815     information that may not be shared with the public without the express permission of the
816     contributing State.
817          F. Any information submitted to the Data System that is subsequently required to be
818     expunged by the laws of the Member State contributing the information shall be removed from
819     the Data System.
820          Section 16. Section 58-60a-111 is enacted to read:
821          58-60a-111. Section 11 -- Rulemaking.
822          A. The Commission shall promulgate reasonable Rules in order to effectively and
823     efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the
824     Commission exercises its Rulemaking authority in a manner that is beyond the scope of the
825     purposes of the Compact, or the powers granted hereunder, then such an action by the
826     Commission shall be invalid and have no force or effect.
827          B. The Commission shall exercise its Rulemaking powers pursuant to the criteria set
828     forth in this Section and the Rules adopted thereunder. Rules and amendments shall become
829     binding as of the date specified in each Rule or amendment.
830          C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of
831     a statute or resolution in the same manner used to adopt the Compact within four (4) years of
832     the date of adoption of the Rule, then such Rule shall have no further force and effect in any
833     Member State.

834          D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of
835     the Commission.
836          E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and
837     at least thirty (30) days in advance of the meeting at which the Rule will be considered and
838     voted upon, the Commission shall file a Notice of Proposed Rulemaking:
839          1. On the website of the Commission or other publicly accessible platform; and
840          2. On the website of each Member State Professional Counseling Licensing Board or
841     other publicly accessible platform or the publication in which each State would otherwise
842     publish proposed Rules.
843          F. The Notice of Proposed Rulemaking shall include:
844          1. The proposed time, date, and location of the meeting in which the Rule will be
845     considered and voted upon;
846          2. The text of the proposed Rule or amendment and the reason for the proposed Rule;
847          3. A request for comments on the proposed Rule from any interested person; and
848          4. The manner in which interested persons may submit notice to the Commission of
849     their intention to attend the public hearing and any written comments.
850          G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit
851     written data, facts, opinions, and arguments, which shall be made available to the public.
852          H. The Commission shall grant an opportunity for a public hearing before it adopts a
853     Rule or amendment if a hearing is requested by:
854          1. At least twenty-five (25) persons;
855          2. A State or federal governmental subdivision or agency; or
856          3. An association having at least twenty-five (25) members.
857          I. If a hearing is held on the proposed Rule or amendment, the Commission shall
858     publish the place, time, and date of the scheduled public hearing. If the hearing is held via
859     electronic means, the Commission shall publish the mechanism for access to the electronic
860     hearing.
861          1. All persons wishing to be heard at the hearing shall notify the executive director of
862     the Commission or other designated member in writing of their desire to appear and testify at
863     the hearing not less than five (5) business days before the scheduled date of the hearing.
864          2. Hearings shall be conducted in a manner providing each person who wishes to

865     comment a fair and reasonable opportunity to comment orally or in writing.
866          3. All hearings will be recorded. A copy of the recording will be made available on
867     request.
868          4. Nothing in this section shall be construed as requiring a separate hearing on each
869     Rule. Rules may be grouped for the convenience of the Commission at hearings required by
870     this section.
871          J. Following the scheduled hearing date, or by the close of business on the scheduled
872     hearing date if the hearing was not held, the Commission shall consider all written and oral
873     comments received.
874          K. If no written notice of intent to attend the public hearing by interested parties is
875     received, the Commission may proceed with promulgation of the proposed Rule without a
876     public hearing.
877          L. The Commission shall, by majority vote of all members, take final action on the
878     proposed Rule and shall determine the effective date of the Rule, if any, based on the
879     Rulemaking record and the full text of the Rule.
880          M. Upon determination that an emergency exists, the Commission may consider and
881     adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided
882     that the usual Rulemaking procedures provided in the Compact and in this section shall be
883     retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety
884     (90) days after the effective date of the Rule. For the purposes of this provision, an emergency
885     Rule is one that must be adopted immediately in order to:
886          1. Meet an imminent threat to public health, safety, or welfare;
887          2. Prevent a loss of Commission or Member State funds;
888          3. Meet a deadline for the promulgation of an administrative Rule that is established by
889     federal law or Rule; or
890          4. Protect public health and safety.
891          N. The Commission or an authorized committee of the Commission may direct
892     revisions to a previously adopted Rule or amendment for purposes of correcting typographical
893     errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
894     revisions shall be posted on the website of the Commission. The revision shall be subject to
895     challenge by any person for a period of thirty (30) days after posting. The revision may be

896     challenged only on grounds that the revision results in a material change to a Rule. A challenge
897     shall be made in writing and delivered to the chair of the Commission prior to the end of the
898     notice period. If no challenge is made, the revision will take effect without further action. If the
899     revision is challenged, the revision may not take effect without the approval of the
900     Commission.
901          Section 17. Section 58-60a-112 is enacted to read:
902          58-60a-112. Section 12 -- Oversight, dispute resolution, and enforcement.
903          A. Oversight
904          1. The executive, legislative, and judicial branches of State government in each
905     Member State shall enforce this Compact and take all actions necessary and appropriate to
906     effectuate the Compact's purposes and intent. The provisions of this Compact and the Rules
907     promulgated hereunder shall have standing as statutory law.
908          2. All courts shall take judicial notice of the Compact and the Rules in any judicial or
909     administrative proceeding in a Member State pertaining to the subject matter of this Compact
910     which may affect the powers, responsibilities, or actions of the Commission.
911          3. The Commission shall be entitled to receive service of process in any such
912     proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure
913     to provide service of process to the Commission shall render a judgment or order void as to the
914     Commission, this Compact, or promulgated Rules.
915          B. Default, Technical Assistance, and Termination
916          1. If the Commission determines that a Member State has defaulted in the performance
917     of its obligations or responsibilities under this Compact or the promulgated Rules, the
918     Commission shall:
919          a. Provide written notice to the defaulting State and other Member States of the nature
920     of the default, the proposed means of curing the default and/or any other action to be taken by
921     the Commission; and
922          b. Provide remedial training and specific technical assistance regarding the default.
923          C. If a State in default fails to cure the default, the defaulting State may be terminated
924     from the Compact upon an affirmative vote of a majority of the Member States, and all rights,
925     privileges and benefits conferred by this Compact may be terminated on the effective date of
926     termination. A cure of the default does not relieve the offending State of obligations or

927     liabilities incurred during the period of default.
928          D. Termination of membership in the Compact shall be imposed only after all other
929     means of securing compliance have been exhausted. Notice of intent to suspend or terminate
930     shall be given by the Commission to the governor, the majority and minority leaders of the
931     defaulting State's legislature, and each of the Member States.
932          E. A State that has been terminated is responsible for all assessments, obligations, and
933     liabilities incurred through the effective date of termination, including obligations that extend
934     beyond the effective date of termination.
935          F. The Commission shall not bear any costs related to a State that is found to be in
936     default or that has been terminated from the Compact, unless agreed upon in writing between
937     the Commission and the defaulting State.
938          G. The defaulting State may appeal the action of the Commission by petitioning the
939     United States District Court for the District of Columbia or the federal district where the
940     Commission has its principal offices. The prevailing member shall be awarded all costs of such
941     litigation, including reasonable attorney fees.
942          H. Dispute Resolution
943          1. Upon request by a Member State, the Commission shall attempt to resolve disputes
944     related to the Compact that arise among Member States and between member and non-Member
945     States.
946          2. The Commission shall promulgate a Rule providing for both mediation and binding
947     dispute resolution for disputes as appropriate.
948          I. Enforcement
949          1. The Commission, in the reasonable exercise of its discretion, shall enforce the
950     provisions and Rules of this Compact.
951          2. By majority vote, the Commission may initiate legal action in the United States
952     District Court for the District of Columbia or the federal district where the Commission has its
953     principal offices against a Member State in default to enforce compliance with the provisions
954     of the Compact and its promulgated Rules and bylaws. The relief sought may include both
955     injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
956     member shall be awarded all costs of such litigation, including reasonable attorney fees.
957          3. The remedies herein shall not be the exclusive remedies of the Commission. The

958     Commission may pursue any other remedies available under federal or State law.
959          Section 18. Section 58-60a-113 is enacted to read:
960          58-60a-113. Section 13 -- Date of implementation of the Counseling Compact
961     Commission and associated Rules, withdrawal, and amendment.
962          A. The Compact shall come into effect on the date on which the Compact statute is
963     enacted into law in the tenth Member State. The provisions, which become effective at that
964     time, shall be limited to the powers granted to the Commission relating to assembly and the
965     promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking
966     powers necessary to the implementation and administration of the Compact.
967          B. Any State that joins the Compact subsequent to the Commission's initial adoption of
968     the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes
969     law in that State. Any Rule that has been previously adopted by the Commission shall have the
970     full force and effect of law on the day the Compact becomes law in that State.
971          C. Any Member State may withdraw from this Compact by enacting a statute repealing
972     the same.
973          1. A Member State's withdrawal shall not take effect until six (6) months after
974     enactment of the repealing statute.
975          2. Withdrawal shall not affect the continuing requirement of the withdrawing State's
976     Professional Counseling Licensing Board to comply with the investigative and Adverse Action
977     reporting requirements of this act prior to the effective date of withdrawal.
978          D. Nothing contained in this Compact shall be construed to invalidate or prevent any
979     Professional Counseling licensure agreement or other cooperative arrangement between a
980     Member State and a non-Member State that does not conflict with the provisions of this
981     Compact.
982          E. This Compact may be amended by the Member States. No amendment to this
983     Compact shall become effective and binding upon any Member State until it is enacted into the
984     laws of all Member States.
985          Section 19. Section 58-60a-114 is enacted to read:
986          58-60a-114. Section 14 -- Construction and severability.
987          This Compact shall be liberally construed so as to effectuate the purposes thereof. The
988     provisions of this Compact shall be severable and if any phrase, clause, sentence or provision

989     of this Compact is declared to be contrary to the constitution of any Member State or of the
990     United States or the applicability thereof to any government, agency, person or circumstance is
991     held invalid, the validity of the remainder of this Compact and the applicability thereof to any
992     government, agency, person or circumstance shall not be affected thereby. If this Compact shall
993     be held contrary to the constitution of any Member State, the Compact shall remain in full
994     force and effect as to the remaining Member States and in full force and effect as to the
995     Member State affected as to all severable matters.
996          Section 20. Section 58-60a-115 is enacted to read:
997          58-60a-115. Section 15 -- Binding Effect of Compact and other Laws.
998          A. A Licensee providing Professional Counseling services in a Remote State under the
999     Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of the
1000     Remote State.
1001          B. Nothing herein prevents the enforcement of any other law of a Member State that is
1002     not inconsistent with the Compact.
1003          C. Any laws in a Member State in conflict with the Compact are superseded to the
1004     extent of the conflict.
1005          D. Any lawful actions of the Commission, including all Rules and bylaws properly
1006     promulgated by the Commission, are binding upon the Member States.
1007          E. All permissible agreements between the Commission and the Member States are
1008     binding in accordance with their terms.
1009          F. In the event any provision of the Compact exceeds the constitutional limits imposed
1010     on the legislature of any Member State, the provision shall be ineffective to the extent of the
1011     conflict with the constitutional provision in question in that Member State.