SB196: Bill Text

SB196,,244 (y) “Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.

SB196,,245 (z) “Unencumbered license” means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.

SB196,,246 (3) State participation in the compact. (a) To participate in the compact, a state must currently:

SB196,,247 1. License and regulate licensed professional counselors.

SB196,,248 2. Require licensees to pass a nationally recognized exam approved by the commission.

SB196,,249 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:

SB196,,250 a. Professional counseling orientation and ethical practice;

SB196,,251 b. Social and cultural diversity;

SB196,,252 c. Human growth and development;

SB196,,253 d. Career development;

SB196,,254 e. Counseling and helping relationships;

SB196,,255 f. Group counseling and group work;

SB196,,256 g. Diagnosis and treatment; assessment and testing;

SB196,,257 h. Research and program evaluation; and

SB196,,258 i. Other areas as determined by the commission.

SB196,,259 4. Require licensees to complete a supervised postgraduate professional experience as defined by the commission.

SB196,,260 5. Have a mechanism in place for receiving and investigating complaints about licensees.

SB196,,261 (b) A member state shall:

SB196,,262 1. Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules;

SB196,,263 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;

SB196,,264 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;

SB196,,265 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.

SB196,,266 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 P. L. 92-544.

SB196,,267 4. Comply with the rules of the commission;

SB196,,268 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;

SB196,,269 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; and

SB196,,270 7. Provide for the attendance of the state’s commissioner to the counseling compact commission meetings.

SB196,,271 (c) Member states may charge a fee for granting the privilege to practice.

SB196,,272 (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.

SB196,,273 (e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

SB196,,274 (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.

SB196,,275 (4) Privilege to practice. (a) To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall:

SB196,,276 1. Hold a license in the home state;

SB196,,277 2. Have a valid United States social security number or national practitioner identifier;

SB196,,278 3. Be eligible for a privilege to practice in any member state in accordance with pars. (d), (g), and (h);

SB196,,279 4. Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years;

SB196,,280 5. Notify the commission that the licensee is seeking the privilege to practice within a remote state(s);

SB196,,281 6. Pay any applicable fees, including any state fee, for the privilege to practice;

SB196,,282 7. Meet any continuing competence/education requirements established by the home state;

SB196,,283 8. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a privilege to practice; and

SB196,,284 9. Report to the commission any adverse action, encumbrance, or restriction on license taken by any non-member state within 30 days from the date the action is taken.

SB196,,285 (b) The privilege to practice is valid until the expiration date of the home state license. The licensee must comply with the requirements of par. (a) to maintain the privilege to practice in the remote state.

SB196,,286 (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.

SB196,,287 (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, and/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.

SB196,,288 (e) If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:

SB196,,289 1. The home state license is no longer encumbered; and

SB196,,290 2. Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.

SB196,,291 (f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of par. (a) to obtain a privilege to practice in any remote state.

SB196,,292 (g) If a licensee’s privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur:

SB196,,293 1. The specific period of time for which the privilege to practice was removed has ended;

SB196,,294 2. All fines have been paid; and

SB196,,295 3. Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.

SB196,,296 (h) Once the requirements of par. (g) have been met, the licensee must meet the requirements in par. (a) to obtain a privilege to practice in a remote state.

SB196,,297 (5) Obtaining a new home state license based on a privilege to practice. (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.

SB196,,298 (b) If a licensed professional counselor changes primary state of residence by moving between two member states:

SB196,,299 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.

SB196,,300 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 sub. (4) via the data system, without need for primary source verification except for:

SB196,,301 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 P. L. 92-544;

SB196,,302 b. Other criminal background check as required by the new home state; and

SB196,,303 c. Completion of any requisite jurisprudence requirements of the new home state.

SB196,,304 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.

SB196,,305 4. Notwithstanding any other provision of this compact, if the licensed professional counselor cannot meet the criteria in sub. (4), the new home state may apply its requirements for issuing a new single state license.

SB196,,306 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.

SB196,,307 (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.

SB196,,308 (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.

SB196,,309 (e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

SB196,,310 (6) Active duty military personnel or their spouses. Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state, or through the process outlined in sub. (5).

SB196,,311 (7) Compact privilege to practice telehealth. (a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with sub. (3) and under rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.

SB196,,312 (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.

SB196,,313 (8) Adverse actions. (a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

SB196,,314 1. Take adverse action against a licensed professional counselor’s privilege to practice within that member state; and

SB196,,315 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.

SB196,,316 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.

SB196,,317 (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.

SB196,,318 (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(s) 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.

SB196,,319 (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.

SB196,,320 (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.

SB196,,321 (f) Joint investigations:

SB196,,322 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.

SB196,,323 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

SB196,,324 (g) If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against the license of a licensed professional counselor shall include a statement that the licensed professional counselor’s privilege to practice is deactivated in all member states during the pendency of the order.

SB196,,325 (h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

SB196,,326 (i) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.

SB196,,327 (9) Establishment of counseling compact commission. (a) The compact member states hereby create and establish a joint public agency known as the counseling compact commission:

SB196,,328 1. The commission is an instrumentality of the compact states.

SB196,,329 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.

SB196,,330 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

SB196,,331 (b) Membership, voting, and meetings. 1. Each member state shall have and be limited to one delegate selected by that member state’s licensing board.

SB196,,332 2. The delegate shall be either: