457.50(4)(e) (e) If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:

457.50(4)(e)1. 1. The home state license is no longer encumbered; and

457.50(4)(e)2. 2. Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.

457.50(4)(f) (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.

457.50(4)(g) (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:

457.50(4)(g)1. 1. The specific period of time for which the privilege to practice was removed has ended;

457.50(4)(g)2. 2. All fines have been paid; and

457.50(4)(g)3. 3. Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.

457.50(4)(h) (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.

457.50(5) (5) Obtaining a new home state license based on a privilege to practice.

457.50(5)(a) (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.

457.50(5)(b) (b) If a licensed professional counselor changes primary state of residence by moving between two member states:

457.50(5)(b)1. 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.

457.50(5)(b)2. 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:

457.50(5)(b)2.a. 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;

457.50(5)(b)2.b. b. Other criminal background check as required by the new home state; and

457.50(5)(b)2.c. c. Completion of any requisite jurisprudence requirements of the new home state.

457.50(5)(b)3. 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.

457.50(5)(b)4. 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.

457.50(5)(b)5. 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.

457.50(5)(c) (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.

457.50(5)(d) (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.

457.50(5)(e) (e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

457.50(6) (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).

457.50(7) (7) Compact privilege to practice telehealth.

457.50(7)(a) (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.

457.50(7)(b) (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.

457.50(8) (8) Adverse actions.

457.50(8)(a) (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: