AB207,,206 457.50 Counseling compact. (1) Purpose. The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:

AB207,,207 (a) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;

AB207,,208 (b) Enhance the states’ ability to protect the public’s health and safety;

AB207,,209 (c) Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;

AB207,,210 (d) Support spouses of relocating active duty military personnel;

AB207,,211 (e) Enhance the exchange of licensure, investigative, and disciplinary information among member states;

AB207,,212 (f) Allow for the use of telehealth technology to facilitate increased access to professional counseling services;

AB207,,213 (g) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;

AB207,,214 (h) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;

AB207,,215 (i) Eliminate the necessity for licenses in multiple states; and

AB207,,216 (j) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.

AB207,,217 (2) Definitions. As used in this section, and except as otherwise provided, the following definitions apply:

AB207,,218 (a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 USC chs. 1209 and 1211.

AB207,,219 (b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice, including issuance of a cease and desist action.

AB207,,220 (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.

AB207,,221 (d) “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

AB207,,222 (e) “Counseling compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

AB207,,223 (f) “Current significant investigative information” means any of the following:

AB207,,224 1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

AB207,,225 2. Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.

AB207,,226 (g) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice and adverse action information.

AB207,,227 (h) “Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the national practitioners data bank (NPDB).

AB207,,228 (i) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.

AB207,,229 (j) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

AB207,,230 (k) “Home state” means the member state that is the licensee’s primary state of residence.

AB207,,231 (L) “Impaired practitioner” means an individual who has a condition(s) that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but is not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

AB207,,232 (m) “Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.

AB207,,233 (n) “Jurisprudence requirement” if required by a member state, means the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.

AB207,,234 (o) “Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.