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--- version:As Introduced+++ version:(document, no version)@@ -1,1311 +1,74 @@-REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)+Council for Accreditation of Counseling and Related Educational Programs+500 Montgomery Street, Suite 350 • Alexandria, VA 22314 • (703) 535-5990 • www.cacrep.org- A.B. 163+February 21, 2025-- *AB163*+Dear Assemblymember Hafen:+The Council for Accreditation of Counseling and Related Educational Programs (CACREP) writes to you to+express our views on your bill AB163 which would enter Nevada into the interstate Counseling Compact.+CACREP is the leading national accrediting body for Professional Counselor preparation programs. We accredit+programs in the specialized practice areas of Addiction Counseling, Career Counseling, Mental Health+Counseling, Clinical Rehabilitation Counseling, College Counseling and Student Affairs, Marriage, Couple and+Family Counseling, Rehabilitation Counseling, and School Counseling. Additionally, CACREP accredits doctoral+programs in Counselor Education and Supervision for the preparation of counselor educators and advanced+practitioners.+Our goal is to ensure you understand that this legislation will allow mental health professionals who are not+trained as counselors to treat patients in your state under the Interstate Counseling Compact.+Issue+The Counseling Compact is an interstate occupational licensure compact that allows Licensed Professional+Counselors (LPCs) living in a state that is a member of the compact to practice in other member states without+having to acquire a license in each state in which they are treating patients. The Compact allows for LPCs to+practice in member states through in-person appointments or through telehealth.+Although CACREP supports a licensure compact for counseling, there is widespread concern that the Counseling+Compact – as currently constructed –allows non-counselors, such as psychology associates, to participate in the+Compact. More specifically, non-counselors can participate in the Counseling Compact if a member state licenses+non-counselors as counselors, which some states (Florida and Georgia) currently allow.+The Compact defers to each participating state’s definition of a Counselor. Some states allow psychology+associates to gain licensure via the licensure process for counselors. By adopting the Compact, your state+would have to allow for non-counselors and counselors who did not complete an accredited counseling+program to be granted license to practice. This risks the professional integrity of the counseling profession, as+training and educational requirements would not be at the highest standards in these member states.+Although they appear similar, these LPCs and psychology associates are not the same. LPC programs are+accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP). As+written, this legislation will grant individuals whom complete programs accredited by the “Master’s of+Psychology and Counseling Accreditation Council” (MPCAC) the privilege to practice as LPCs, both in-person+and virtually.-ASSEMBLY BILL NO. 163–ASSEMBLYMEMBER HAFEN+Page 2-PREFILED JANUARY 31, 2025-____________+While these accrediting bodies may seem to serve similar functions, they are quite different. CACREP is+nationally recognized as the gold-standard accrediting body for counseling programs, whereas the American+Psychological Association (APA) is nationally recognized as the gold-standard accrediting body for psychology+programs. APA does not accredit programs at the master’s level as the profession of psychology has determined+that independent licensure requires a minimum of a doctorate. MPCAC accredits psychology programs on the+master’s level. However, graduates of MPCAC programs, despite holding master’s degrees in psychology, are not+eligible for licensure as master’s level psychology clinicians. As a result, they are seeking licensure as+Professional Counselors in states that accept graduates from MPCAC-accredited programs for LPC licensure,+without the necessary training in the Counseling Profession. Blending of two distinct professions under one+licensure is inappropriate. Master’s level psychology professionals should be licensed under their own licensure+pathway unique to their profession and education.+Position+To enter into the Compact, states must adopt specific legislative language. States cannot amend or change the+language to require specific education, training or licensure standards. The Counseling Compact defers to state+definitions for professional counselors. Some states allow master’s in psychology professionals to gain licensure+as counselors which would allow non-counselors into the Counseling Compact.+Each state must do their part to protect Professional Counselor identity to prevent participating states from+allowing non-counselors to treat patients under the Compact. States should ensure their licensure regulations+for professional counselors are only available to graduates of counseling programs. They are welcome to+establish a separate licensure pathway for master’s in psychology professionals if they so choose.+Additionally, we believe the Counseling Compact Commission should use its rulemaking process to ensure+participation in the Counseling Compact is only available to Counselors. The rule would further define who is+eligible to participate in the Counseling Compact to align with existing education, training and licensure+requirements for professional counselors.+Conclusion+Thank you for your consideration of our concerns.+CACREP is hopeful that our concerns will be addressed through the Counseling Compact Commission’s+rulemaking to implement the Compact. If you share our concerns and wish to more actively help support our+advocacy on this important issue, I can provide you with a template letter to send to the Commissioner from you+that advocates for greater counselor professional identity protections in the Compact.+For any further questions, please contact CACREP’s CEO Sylvia Fernandez at sfernandez@cacrep.org.-Referred to Committee on Commerce and Labor+Sincerely,-SUMMARY—Enters into the Counseling Compact. (BDR 54-129)--FISCAL NOTE: Effect on Local Government: No.- Effect on the State: Yes.--~--EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.--AN ACT relating to mental health; ratifying and entering into the-Counseling Compact; authorizing the sharing of certain-information with the coordinated database and reporting-system created by the Compact; providing licensed-professional counselors practicing in this State under the-Compact with the s ame legal status as clinical-professional counselors who are licensed in this State; and-providing other matters properly relating thereto.-Legislative Counsel’s Digest:- Existing law regulates the practice of licensed professional counselors, known 1-as clinical professional counselors, in this State. (Chapter 641A of NRS) Section 1 2-of this bill ratifies and enters into the Counseling Compact, which is an inter state 3-compact that allows a person who is licensed as a licensed professional counselor in 4-a state that is a member of the Compact to practice as a licensed professional 5-counselor in other states that are members of the Compact. In order to practice as a 6-licensed professional counselor under the Compact, the Compact requires a 7-licensed professional counselor to: (1) hold a license in his or her home state; (2) 8-have a valid social security number or National Practitioner Identifier; (3) notify the 9-Counseling Compact Commission, a joint public agency established by the 10-Compact, that he or she is seeking to practice under the Compact in another state; 11-(4) have had no encumbrances or restrictions placed against any license or authority 12-to practice under the Comp act within the previous 2 years; (5) pay any applicable 13-fees; (6) meet any requirements for continuing education established by his or her 14-home state; (7) meet any requirement in the state in which he or she seeks to 15-practice under the Compact to pass an a ssessment of his or her knowledge of the 16-applicable laws and rules of that state; and (8) report any adverse action taken 17-against him or her or any encumbrance or restriction placed upon him or her in a 18-non-member state within 30 days after the date of the adverse action or the 19-placement of the encumbrance or restriction, as applicable. The Compact also 20-requires a member state to authorize a professional counselor who is licensed in a 21-member state to provide counseling services via telehealth to a patient l ocated in 22-- – 2 –--- *AB163*-any member state under rules prescribed by the Commission. The Compact 23-authorizes a member state to take certain adverse actions against a licensed 24-professional counselor practicing within that member state under the Compact. The 25-Compact requires the Commission, among other duties, to: (1) establish bylaws; (2) 26-make rules that facilitate and coordinate implementation and administration of the 27-Compact; (3) hold meetings, which may be closed to the public under certain 28-conditions; (4) develop, maint ain and use a coordinated database and reporting 29-system; and (5) resolve disputes related to the Compact among states that are 30-members of the Compact. The Commission is additionally authorized to levy and 31-collect an annual assessment from each state that is a member of the Compact. 32- Section 2 of this bill authorizes the Board of Examiners for Marriage and 33-Family Therapists and Clinical Professional Counselors to disclose certain 34-investigatory information to the Commission and the coordinated database and 35-reporting system when required by the Co mpact. Sections 1 and 4 of this bill 36-provide for the conf identiality of certain information disclosed to the Board from 37-the coordinated database and reporting system. 38- Section 3 of this bill deems practicing as a licensed professional counselor 39-under the Compact to be equivalent to practicing as a clinical professional 40-counselor under a license issued by the Board. 41--THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN-SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:-- Section 1. Chapter 641A of NRS is hereby amended by 1-adding thereto a new section to read as follows: 2- The Counseling Compact is hereby ratified and entered into 3-with all other jurisdictions legally joining the Compact, in 4-substantially the form set forth in this section: 5-COUNSELING COMPACT 6- 7-SECTION 1. PURPOSE 8- 9- The purpose of this Compact is to facilitate interstate practice 10-of Licensed Professional Counselors with the goal of improving 11-public access to Professional Counseling services. The practice of 12-Professional Counseling occurs in the State where the client is 13-located at the time of the counseling services. The Compact 14-preserves the regulatory authority of States to protect public health 15-and safety through the current system of State licensure. 16- This Compact is designed to achieve the following objectives: 17- A. Increase public access to Professional Counseling services 18-by providing for the mutual recognition of other Member State 19-licenses; 20- B. Enhance the States’ ability to protect the public’s health 21-and safety; 22- C. Encourage the cooperation of Member States in 23-regulating multistate practice for Licensed Professional 24-Counselors; 25-- – 3 –--- *AB163*- D. Support spouses of relocating Active Duty Military 1-personnel; 2- E. Enhance the exchange of licensure, investigative, and 3-disciplinary information among Member States; 4- F. Allow for the use of Telehealth technology to facilitate 5-increased access to Professional Counseling services; 6- G. Support the uniformity of Professional Counseling 7-licensure requirements throughout the States to promote public 8-safety and public health benefits; 9- H. Invest all Member States with the authority to hold a 10-Licensed Professional Counselor accountable for meeting all State 11-practice laws in the State in which the client is located at the time 12-care is rendered through the mutual recognition of Member Stat e 13-licenses; 14- I. Eliminate the necessity for licenses in multiple States; and 15- J. Provide opportunities for interstate practice by Licensed 16-Professional Counselors who meet uniform licensure 17-requirements. 18- 19-SECTION 2. DEFINITIONS 20- 21- As used in this Compact, and except as otherwise provided, the 22-following definitions shall apply: 23- A. “Active Duty Military” means full -time duty status in the 24-active uniformed service of the United States, including members 25-of the National Guard and Reserve on active duty order s pursuant 26-to 10 U.S.C. Chapters 1209 and 1211. 27- B. “Adverse Action” means any administrative, civil, 28-equitable or criminal action permitted by a State’s laws which is 29-imposed by a licensing board or other authority against a Licensed 30-Professional Counselor, including actions against an individual’s 31-license or Privilege to Practice such as revocation, suspension, 32-probation, monitoring of the licensee, limitation on the licensee’s 33-practice, or any other Encumbrance on licensure affecting a 34-Licensed Professi onal Counselor’s authorization to practice, 35-including issuance of a cease and desist action. 36- C. “Alternative Program” means a non -disciplinary 37-monitoring or practice remediation process approved by a 38-Professional Counseling Licensing Board to address Imp aired 39-Practitioners. 40- D. “Continuing Competence/Education” means a 41-requirement, as a condition of license renewal, to provide evidence 42-of participation in, and/or completion of, educational and 43-professional activities relevant to practice or area of work. 44-- – 4 –--- *AB163*- E. “Counseling Compact Commission” or “Commission” 1-means the national administrative body whose membership 2-consists of all States that have enacted the Compact. 3- F. “Current Significant Investigative Information” means: 4- 1. Investigative Information that a Licensing Board, after a 5-preliminary inquiry that includes notification and an opportunity 6-for the Licensed Professional Counselor to respond, if required by 7-State law, has reason to believe is not groundless and, if proved 8-true, would indicate more than a minor infraction; or 9- 2. Investigative Information that indicates that the Licensed 10-Professional Counselor represents an immediate threat to public 11-health and safety regardless of whether the Licensed Professional 12-Counselor has been notified and had an opportunity to respond. 13- G. “Data System” means a repository of information about 14-Licensees, including, but not limited to, continuing education, 15-examination, licensure, investigative, Privilege to Practice and 16-Adverse Action information. 17- H. “Encumbered License” means a license in which an 18-Adverse Action restricts the practice of licensed Professional 19-Counseling by the Licensee and said Adverse Action has been 20-reported to the National Practitioners Data Bank (NPDB). 21- I. “Encumbrance” means a revoca tion or suspension of, or 22-any limitation on, the full and unrestricted practice of Licensed 23-Professional Counseling by a Licensing Board. 24- J. “Executive Committee” means a group of directors elected 25-or appointed to act on behalf of, and within the powers granted to 26-them by, the Commission. 27- K. “Home State” means the Member State that is the 28-Licensee’s primary State of residence. 29- L. “Impaired Practitioner” means an individual who has a 30-condition(s) that may impair their ability to practice as a Licensed 31-Professional Counselor without some type of intervention and may 32-include, but are not limited to, alcohol and drug dependence, 33-mental health impairment, and neurological or physical 34-impairments. 35- M. “Investigative Information” means information, records, 36-and documents received or generated by a Professional 37-Counseling Licensing Board pursuant to an investigation. 38- N. “Jurisprudence Requirement” if required by a Member 39-State, means the assessment of an individual’s knowledge of the 40-laws and Rules governing the practice of Professional Counseling 41-in a State. 42- O. “Licensed Professional Counselor” means a counselor 43-licensed by a Member State, regardless of the title used by that 44-- – 5 –--- *AB163*-State, to independently assess, diagnose, and treat behavioral 1-health conditions. 2- P. “Licensee” means an individual who currently holds an 3-authorization from the State to practice as a Licensed Professional 4-Counselor. 5- Q. “Licensing Board” means the agency of a State, or 6-equivalent, that is responsible for the licensing and regulati on of 7-Licensed Professional Counselors. 8- R. “Member State” means a State that has enacted the 9-Compact. 10- S. “Privilege to Practice” means a legal authorization, which 11-is equivalent to a license, permitting the practice of Professional 12-Counseling in a Remote State. 13- T. “Professional Counseling” means the assessment, 14-diagnosis, and treatment of behavioral health conditions by a 15-Licensed Professional Counselor. 16- U. “Remote State” means a Member State other than the 17-Home State, where a Licensee is exercising or seeking to exercise 18-the Privilege to Practice. 19- V. “Rule” means a regulation promulgated by the 20-Commission that has the force of law. 21- W. “Single State License” means a Licensed Professional 22-Counselor license issued by a Member State that authorizes 23-practice only within the issuing State and does not include a 24-Privilege to Practice in any other Member State. 25- X. “State” means any state, commonwealth, district, or 26-territory of the United States of America that regulates the practice 27-of Professional Counseling. 28- Y. “Telehealth” means the application of telecommunication 29-technology to deliver Professional Counseling services remotely to 30-assess, diagnose, and treat behavioral health conditions. 31- Z. “Unencumbered License” means a license that authorizes 32-a Licensed Professional Counselor to engage in the full and 33-unrestricted practice of Professional Counseling. 34- 35-SECTION 3. STATE PARTICIPATION IN THE COMPACT 36- 37- A. To Participate in the Compact, a State must currently: 38- 1. License and regulate Licensed Professional Counselors; 39- 2. Require Licensees to pass a nationally recognized exam 40-approved by the Commission; 41- 3. Require Licensees to have a 60 semester -hour (or 90 42-quarter-hour) master’s degree in counseling or 60 semester -hours 43-(or 90 quarter -hours) of graduate course work including the 44-following topic areas: 45-- – 6 –--- *AB163*- a. Professional Counseling Orientation and Ethical 1-Practice; 2- b. Social and Cultural Diversity; 3- c. Human Growth and Development; 4- d. Career Development; 5- e. Counseling and Helping Relationships; 6- f. Group Counseling and Group Work; 7- g. Diagnosis and Treatment; Assessment and Testing; 8- h. Research and Program Evaluation; and 9- i. Other areas as determined by the Commission. 10- 4. Require Licensees to complete a supervised postg raduate 11-professional experience as defined by the Commission; and 12- 5. Have a mechanism in place for receiving and 13-investigating complaints about Licensees. 14- B. A Member State shall: 15- 1. Participate fully in the Commission’s Data System, 16-including using the Commission’s unique identifier as defined in 17-Rules; 18- 2. Notify the Commission, in compliance with the terms of 19-the Compact and Rules, of any Adverse Action or the availability 20-of Investigative Information regarding a Licensee; 21- 3. Implement or utiliz e procedures for considering the 22-criminal history records of applicants for an initial Privilege to 23-Practice. These procedures shall include the submission of 24-fingerprints or other biometric -based information by applicants 25-for the purpose of obtaining an applicant’s criminal history record 26-information from the Federal Bureau of Investigation and the 27-agency responsible for retaining that State’s criminal records; 28- a. A member state must fully implement a criminal 29-background check requirement, within a time frame established by 30-rule, by receiving the results of the Federal Bureau of 31-Investigation record search and shall use the results in making 32-licensure decisions. 33- b. Communication between a Member State, the 34-Commission and among Member States regarding the verification 35-of eligibility for licensure through the Compact shall not include 36-any information received from the Federal Bureau of 37-Investigation relating to a federal criminal records check 38-performed by a Member State under Public Law 92-544. 39- 4. Comply with the Rules of the Commission; 40- 5. Require an applicant to obtain or retain a license in the 41-Home State and meet the Home State’s qualifications for 42-licensure or renewal of licensure, as well as all other applicable 43-State laws; 44-- – 7 –--- *AB163*- 6. Grant the Privi lege to Practice to a Licensee holding a 1-valid Unencumbered License in another Member State in 2-accordance with the terms of the Compact and Rules; and 3- 7. Provide for the attendance of the State’s commissioner to 4-the Counseling Compact Commission meetings. 5- C. Member States may charge a fee for granting the Privilege 6-to Practice. 7- D. Individuals not residing in a Member State shall continue 8-to be able to apply for a Member State’s Single State License as 9-provided under the laws of each Member State. Howe ver, the 10-Single State License granted to these individuals shall not be 11-recognized as granting a Privilege to Practice Professional 12-Counseling in any other Member State. 13- E. Nothing in this Compact shall affect the requirements 14-established by a Member Sta te for the issuance of a Single State 15-License. 16- F. A license issued to a Licensed Professional Counselor by a 17-Home State to a resident in that State shall be recognized by each 18-Member State as authorizing a Licensed Professional Counselor 19-to practice Professional Counseling, under a Privilege to Practice, 20-in each Member State. 21- 22-SECTION 4. PRIVILEGE TO PRACTICE 23- 24- A. To exercise the Privilege to Practice under the terms and 25-provisions of the Compact, the Licensee shall: 26- 1. Hold a license in the Home State; 27- 2. Have a valid United States Social Security Number or 28-National Practitioner Identifier; 29- 3. Be eligible for a Privilege to Practice in any Member 30-State in accordance with Section 4(D), (G) and (H); 31- 4. Have not had any Encumbrance or restriction against 32-any license or Privilege to Practice within the previous two (2) 33-years; 34- 5. Notify the Commission that the Licensee is seeking the 35-Privilege to Practice within a Remote State(s); 36- 6. Pay any applicable fees, including any State fee, for the 37-Privilege to Practice; 38- 7. Meet any Continuing Competence/Education 39-requirements established by the Home State; 40- 8. Meet any Jurisprudence Requirements established by the 41-Remote State(s) in which the Licensee is seeking a Privilege to 42-Practice; and 43-- – 8 –--- *AB163*- 9. Report to the Commission any Adverse Action, 1-Encumbrance, or restriction on license taken by any non -Member 2-State within 30 days from the date the action is taken. 3- B. The Privilege to Practice is valid until the expiration date 4-of the Home State license. The Licensee must comply with the 5-requirements of Section 4(A) to maintain the Privilege to Practice 6-in the Remote State. 7- C. A Licensee providing Professional Counseling in a 8-Remote State under the Privilege to Practice shall adhere to the 9-laws and regulations of the Remote State. 10- D. A Licensee providing Professional Counseling services in 11-a Remote State is subject to that State’s regulatory authority. A 12-Remote State may, in accordance with due process and that State’s 13-laws, remove a Licensee’s Privilege to Practice in the Remote State 14-for a specific period of time, impose fines, and/or take any other 15-necessary actions to protect the health and safety of its citizens. 16-The Licensee may be ineligible for a Privilege to Practice in any 17-Member State until t he specific time for removal has passed and 18-all fines are paid. 19- E. If a Home State license is encumbered, the Licensee shall 20-lose the Privilege to Practice in any Remote State until the 21-following occur: 22- 1. The Home State license is no longer encumbered; and 23- 2. Have not had any Encumbrance or restriction against 24-any license or Privilege to Practice within the previous two (2) 25-years. 26- F. Once an Encumbered License in the Home State is 27-restored to good standing, the Licensee must meet the 28-requirements of Section 4(A) to obtain a Privilege to Practice in 29-any Remote State. 30- G. If a Licensee’s Privilege to Practice in any Remote State is 31-removed, the individual may lose the Privilege to Practice in all 32-other Remote States until the following occur: 33- 1. The specific period of time for which the Privilege to 34-Practice was removed has ended; 35- 2. All fines have been paid; and 36- 3. Have not had any Encumbrance or restriction against 37-any license or Privilege to Practice within the previous two (2) 38-years. 39- H. Once the requirements of Section 4(G) have been met, the 40-Licensee must meet the requirements in Section 4(A) to obtain a 41-Privilege to Practice in a Remote State. 42-- – 9 –--- *AB163*-SECTION 5. OBTAINING A NEW HOME STATE LICENSE 1-BASED ON A PRIVILEGE TO PRACTICE 2- 3- A. A Licens ed Professional Counselor may hold a Home 4-State license, which allows for a Privilege to Practice in other 5-Member States, in only one Member State at a time. 6- B. If a Licensed Professional Counselor changes primary 7-State of residence by moving between two Member States: 8- 1. The Licensed Professional Counselor shall file an 9-application for obtaining a new Home State license based on a 10-Privilege to Practice, pay all applicable fees, and notify the current 11-and new Home State in accordance with applicable Rul es adopted 12-by the Commission. 13- 2. Upon receipt of an application for obtaining a new Home 14-State license by virtue of a Privilege to Practice, the new Home 15-State shall verify that the Licensed Professional Counselor meets 16-the pertinent criteria outlined in Section 4 via the Data System, 17-without need for primary source verification except for: 18- a. A Federal Bureau of Investigation fingerprint based 19-criminal background check if not previously performed or updated 20-pursuant to applicable rules adopted by the Commission in 21-accordance with Public Law 92-544; 22- b. Other criminal background check as required by the 23-new Home State; and 24- c. Completion of any requisite Jurisprudence 25-Requirements of the new Home State. 26- 3. The former Home State shall convert the f ormer Home 27-State license into a Privilege to Practice once the new Home State 28-has activated the new Home State license in accordance with 29-applicable Rules adopted by the Commission. 30- 4. Notwithstanding any other provision of this Compact, if 31-the Licensed Professional Counselor cannot meet the criteria in 32-Section 4, the new Home State may apply its requirements for 33-issuing a new Single State License. 34- 5. The Licensed Professional Counselor shall pay all 35-applicable fees to the new Home State in order to be issued a new 36-Home State license. 37- C. If a Licensed Professional Counselor changes Primary 38-State of Residence by moving from a Member State to a non -39-Member State, or from a non -Member State to a Member State, 40-the State criteria shall apply for issuance of a Single State License 41-in the new State. 42- D. Nothing in this Compact shall interfere with a Licensee’s 43-ability to hold a Single State License in multiple States, however 44-- – 10 –--- *AB163*-for the purposes of this Compact, a Licensee shall have only one 1-Home State license. 2- E. Nothing in this Compact shall affect the requirements 3-established by a Member State for the issuance of a Single State 4-License. 5- 6-SECTION 6. ACTIVE DUTY MILITARY 7-PERSONNEL OR THEIR SPOUSES 8- 9- Active Duty Military personnel, or their spouse, shall design ate 10-a Home State where the individual has a current license in good 11-standing. The individual may retain the Home State designation 12-during the period the service member is on active duty. 13-Subsequent to designating a Home State, the individual shall only 14-change their Home State through application for licensure in the 15-new State, or through the process outlined in Section 5. 16- 17-SECTION 7. COMPACT PRIVILEGE 18-TO PRACTICE TELEHEALTH 19- 20- A. Member States shall recognize the right of a Licensed 21-Professional Counselor, licensed by a Home State in accordance 22-with Section 3 and under Rules promulgated by the Commission, 23-to practice Professional Counseling in any Member State via 24-Telehealth under a Privilege to Practice as provided in the 25-Compact and Rules promulgated by the Commission. 26- B. A Licensee providing Professional Counseling services in 27-a Remote State under the Privilege to Practice shall adhere to the 28-laws and regulations of the Remote State. 29- 30-SECTION 8. ADVERSE ACTIONS 31- 32- A. In addition to the other powers confe rred by State law, a 33-Remote State shall have the authority, in accordance with existing 34-State due process law, to: 35- 1. Take Adverse Action against a Licensed Professional 36-Counselor’s Privilege to Practice within that Member State, and 37- 2. Issue subpoenas for both hearings and investigations 38-that require the attendance and testimony of witnesses as well as 39-the production of evidence. Subpoenas issued by a Licensing 40-Board in a Member State for the attendance and testimony of 41-witnesses or the production of e vidence from another Member 42-State shall be enforced in the latter State by any court of 43-competent jurisdiction, according to the practice and procedure of 44-that court applicable to subpoenas issued in proceedings pending 45-- – 11 –--- *AB163*-before it. The issuing authority sha ll pay any witness fees, travel 1-expenses, mileage, and other fees required by the service statutes 2-of the State in which the witnesses or evidence are located. 3- 3. Only the Home State shall have the power to take 4-Adverse Action against a Licensed Professi onal Counselor’s 5-license issued by the Home State. 6- B. For purposes of taking Adverse Action, the Home State 7-shall give the same priority and effect to reported conduct received 8-from a Member State as it would if the conduct had occurred 9-within the Home State. In so doing, the Home State shall apply its 10-own State laws to determine appropriate action. 11- C. The Home State shall complete any pending investigations 12-of a Licensed Professional Counselor who changes primary State 13-of residence during the course of the investigations. The Home 14-State shall also have the authority to take appropriate action(s) 15-and shall promptly report the conclusions of the investigations to 16-the administrator of the Data System. The administrator of the 17-coordinated licensure information system shall promptly notify the 18-new Home State of any Adverse Actions. 19- D. A Member State, if otherwise permitted by State law, may 20-recover from the affected Licensed Professional Counselor the 21-costs of investigations and dispositions of cases resulting from any 22-Adverse Action taken against that Licensed Professional 23-Counselor. 24- E. A Member State may take Adverse Action based on the 25-factual findings of the Remote State, provided that the Member 26-State follows its own procedures for taking the Adverse Action. 27- F. Joint Investigations: 28- 1. In addition to the authority granted to a Member State by 29-its respective Professional Counseling practice act or other 30-applicable State law, any Member State may participate with other 31-Member States in joint investigations of Licensees. 32- 2. Member States shall share any investigative, litigation, or 33-compliance materials in furtherance of any joint or individual 34-investigation initiated under the Compact. 35- G. If Adverse Action is taken by the Home State against the 36-license of a Licensed Professional Counselor, the Licensed 37-Professional Counselor’s Privilege to Practice in all other Member 38-States shall be deactivated until all Encumbrances have been 39-removed from the State license. All Home State disciplinary orders 40-that impose Adverse Action against the license of a Licensed 41-Professional Counselor shall include a Statement that the 42-Licensed Professional Counselor’s Privilege to Practice is 43-deactivated in all Member States during the pendency of the order. 44-- – 12 –--- *AB163*- H. If a Member State takes Adverse Action, it shall promptly 1-notify the administrator of the Data System. The administrator of 2-the Data System shall promptly notify the Home State of any 3-Adverse Actions by Remote States. 4- I. Nothing in this Compact shall overrid e a Member State’s 5-decision that participation in an Alternative Program may be used 6-in lieu of Adverse Action. 7- 8-SECTION 9. ESTABLISHMENT OF COUNSELING 9-COMPACT COMMISSION 10- 11- A. The Compact Member States hereby create and establish a 12-joint public agency kno wn as the Counseling Compact 13-Commission. 14- 1. The Commission is an instrumentality of the Compact 15-States. 16- 2. Venue is proper and judicial proceedings by or against 17-the Commission shall be brought solely and exclusively in a court 18-of competent jurisdictio n where the principal office of the 19-Commission is located. The Commission may waive venue and 20-jurisdictional defenses to the extent it adopts or consents to 21-participate in alternative dispute resolution proceedings. 22- 3. Nothing in this Compact shall be co nstrued to be a 23-waiver of sovereign immunity. 24- B. Membership, Voting, and Meetings 25- 1. Each Member State shall have and be limited to one (1) 26-delegate selected by that Member State’s Licensing Board. 27- 2. The delegate shall be either: 28- a. A current member of the Licensing Board at the time 29-of appointment, who is a Licensed Professional Counselor or 30-public member; or 31- b. An administrator of the Licensing Board. 32- 3. Any delegate may be removed or suspended from office 33-as provided by the law of the State from which the delegate is 34-appointed. 35- 4. The Member State Licensing Board shall fill any 36-vacancy occurring on the Commission within 60 days. 37- 5. Each delegate shall be entitled to one (1) vote with 38-regard to the promulgation of Rules and creation of bylaws and 39-shall otherwise have an opportunity to participate in the business 40-and affairs of the Commission. 41- 6. A delegate shall vote in person or by such other means as 42-provided in the bylaws. The bylaws may provide for delegates’ 43-participation in me etings by telephone or other means of 44-communication. 45-- – 13 –--- *AB163*- 7. The Commission shall meet at least once during each 1-calendar year. Additional meetings shall be held as set forth in the 2-bylaws. 3- 8. The Commission shall by Rule establish a term of office 4-for delegates and may by Rule establish term limits. 5- C. The Commission shall have the following powers and 6-duties: 7- 1. Establish the fiscal year of the Commission; 8- 2. Establish bylaws; 9- 3. Maintain its financial records in accordance with the 10-bylaws; 11- 4. Meet and take such actions as are consistent with the 12-provisions of this Compact and the bylaws; 13- 5. Promulgate Rules which shall be binding to the extent 14-and in the manner provided for in the Compact; 15- 6. Bring and prosecute legal proceedings or acti ons in the 16-name of the Commission, provided that the standing of any State 17-Licensing Board to sue or be sued under applicable law shall not 18-be affected; 19- 7. Purchase and maintain insurance and bonds; 20- 8. Borrow, accept, or contract for services of person nel, 21-including, but not limited to, employees of a Member State; 22- 9. Hire employees, elect or appoint officers, fix 23-compensation, define duties, grant such individuals appropriate 24-authority to carry out the purposes of the Compact, and establish 25-the Commi ssion’s personnel policies and programs relating to 26-conflicts of interest, qualifications of personnel, and other related 27-personnel matters; 28- 10. Accept any and all appropriate donations and grants of 29-money, equipment, supplies, materials, and services, a nd to 30-receive, utilize, and dispose of the same; provided that at all times 31-the Commission shall avoid any appearance of impropriety and/or 32-conflict of interest; 33- 11. Lease, purchase, accept appropriate gifts or donations 34-of, or otherwise to own, hold, im prove or use, any property, real, 35-personal or mixed; provided that at all times the Commission shall 36-avoid any appearance of impropriety; 37- 12. Sell convey, mortgage, pledge, lease, exchange, 38-abandon, or otherwise dispose of any property real, personal, or 39-mixed; 40- 13. Establish a budget and make expenditures; 41- 14. Borrow money; 42- 15. Appoint committees, including standing committees 43-composed of members, State regulators, State legislators or their 44-representatives, and consumer representatives, and such ot her 45-- – 14 –--- *AB163*-interested persons as may be designated in this Compact and the 1-bylaws; 2- 16. Provide and receive information from, and cooperate 3-with, law enforcement agencies; 4- 17. Establish and elect an Executive Committee; and 5- 18. Perform such other functions as may be necessary or 6-appropriate to achieve the purposes of this Compact consistent 7-with the State regulation of Professional Counseling licensure and 8-practice. 9- D. The Executive Committee 10- 1. The Executive Committee shall have the power to act on 11-behalf of the Commission according to the terms of this Compact. 12- 2. The Executive Committee shall be composed of up to 13-eleven (11) members: 14- a. Seven (7) voting members who are elected by the 15-Commission from the current membership of the Commission; 16-and 17- b. Up to four (4) ex -officio, nonvoting members from 18-four (4) recognized national professional counselor organizations. 19- c. The ex -officio members will be selected by their 20-respective organizations. 21- 3. The Commission may remove any member of the 22-Executive Committee as provided in bylaws. 23- 4. The Executive Committee shall meet at least annually. 24- 5. The Executive Committee shall have the following duties 25-and responsibilities: 26- a. Recommend to the entire Commission changes to the 27-Rules or bylaws, cha nges to this Compact legislation, fees paid by 28-Compact Member States such as annual dues, and any 29-Commission Compact fee charged to Licensees for the Privilege to 30-Practice; 31- b. Ensure Compact administration services are 32-appropriately provided, contractual or otherwise; 33- c. Prepare and recommend the budget; 34- d. Maintain financial records on behalf of the 35-Commission; 36- e. Monitor Compact compliance of Member States and 37-provide compliance reports to the Commission; 38- f. Establish additional committees as necessary; and 39- g. Other duties as provided in Rules or bylaws. 40- E. Meetings of the Commission 41- 1. All meetings shall be open to the public, and public 42-notice of meetings shall be given in the same manner as required 43-under the Rulemaking provisions in Section 11. 44-- – 15 –--- *AB163*- 2. The Commission or the Executive Committee or other 1-committees of the Commission may convene in a closed, non -2-public meeting if the Commission or Executive Committee or 3-other committees of the Commission must discuss: 4- a. Non-compliance of a Member State with its 5-obligations under the Compact; 6- b. The employment, compensation, discipline or other 7-matters, practices or procedures related to specific employees or 8-other matters related to the Commission’s internal personnel 9-practices and procedures; 10- c. Current, threatened, or reasonably anticipated 11-litigation; 12- d. Negotiation of contracts for the purchase, lease, or 13-sale of goods, services, or real estate; 14- e. Accusing any person of a crime or formally censuring 15-any person; 16- f. Disclosure of trade secrets or commercial or financial 17-information that is privileged or confidential; 18- g. Disclosure of information of a personal nature where 19-disclosure would constitute a clearly unwarranted invasion of 20-personal privacy; 21- h. Disclosure of investigative records compiled for law 22-enforcement purposes; 23- i. Disclosure of information related to any investigative 24-reports prepared by or on behalf of or for use of the Commission 25-or other committee charged with responsibility of investigation or 26-determination of compliance issues pursuant to the Compact; or 27- j. Matters specifically exempted from disclosure by 28-federal or Member State statute. 29- 3. If a meeting, or portion of a meeting, is closed pursuant 30-to this provision, the Commission’s legal counsel or designee shall 31-certify that the meeting may be closed and shall reference each 32-relevant exempting provision. 33- 4. The Commission shall keep minutes that fully and 34-clearly describe all matters discussed in a meeting and shall 35-provide a full an d accurate summary of actions taken, and the 36-reasons therefore, including a description of the views expressed. 37-All documents considered in connection with an action shall be 38-identified in such minutes. All minutes and documents of a closed 39-meeting shall r emain under seal, subject to release by a majority 40-vote of the Commission or order of a court of competent 41-jurisdiction. 42- F. Financing of the Commission 43-- – 16 –--- *AB163*- 1. The Commission shall pay, or provide for the payment 1-of, the reasonable expenses of its establish ment, organization, and 2-ongoing activities. 3- 2. The Commission may accept any and all appropriate 4-revenue sources, donations, and grants of money, equipment, 5-supplies, materials, and services. 6- 3. The Commission may levy on and collect an annual 7-assessment from each Member State or impose fees on other 8-parties to cover the cost of the operations and activities of the 9-Commission and its staff, which must be in a total amount 10-sufficient to cover its annual budget as approved each year for 11-which revenue is n ot provided by other sources. The aggregate 12-annual assessment amount shall be allocated based upon a 13-formula to be determined by the Commission, which shall 14-promulgate a Rule binding upon all Member States. 15- 4. The Commission shall not incur obligations o f any kind 16-prior to securing the funds adequate to meet the same; nor shall 17-the Commission pledge the credit of any of the Member States, 18-except by and with the authority of the Member State. 19- 5. The Commission shall keep accurate accounts of all 20-receipts and disbursements. The receipts and disbursements of the 21-Commission shall be subject to the audit and accounting 22-procedures established under its bylaws. However, all receipts and 23-disbursements of funds handled by the Commission shall be 24-audited yearly by a certified or licensed public accountant, and the 25-report of the audit shall be included in and become part of the 26-annual report of the Commission. 27- G. Qualified Immunity, Defense, and Indemnification 28- 1. The members, officers, executive director, employees and 29-representatives of the Commission shall be immune from suit and 30-liability, either personally or in their official capacity, for any 31-claim for damage to or loss of property or personal injury or other 32-civil liability caused by or arising out of any actual or alleged act, 33-error or omission that occurred, or that the person against whom 34-the claim is made had a reasonable basis for believing occurred 35-within the scope of Commission employment, duties or 36-responsibilities; provided that nothing in this pa ragraph shall be 37-construed to protect any such person from suit and/or liability for 38-any damage, loss, injury, or liability caused by the intentional or 39-willful or wanton misconduct of that person. 40- 2. The Commission shall defend any member, officer, 41-executive director, employee or representative of the Commission 42-in any civil action seeking to impose liability arising out of any 43-actual or alleged act, error, or omission that occurred within the 44-scope of Commission employment, duties, or responsibilities, or 45-- – 17 –--- *AB163*-that the person against whom the claim is made had a reasonable 1-basis for believing occurred within the scope of Commission 2-employment, duties, or responsibilities; provided that nothing 3-herein shall be construed to prohibit that person from retaining 4-his or her own counsel; and provided further, that the actual or 5-alleged act, error, or omission did not result from that person’s 6-intentional or willful or wanton misconduct. 7- 3. The Commission shall indemnify and hold harmless any 8-member, officer, executive director, employee, or representative of 9-the Commission for the amount of any settlement or judgment 10-obtained against that person arising out of any actual or alleged 11-act, error, or omission that occurred within the scope of 12-Commission employment, duti es, or responsibilities, or that such 13-person had a reasonable basis for believing occurred within the 14-scope of Commission employment, duties, or responsibilities, 15-provided that the actual or alleged act, error, or omission did not 16-result from the intentional or willful or wanton misconduct of that 17-person. 18- 19-SECTION 10. DATA SYSTEM 20- 21- A. The Commission shall provide for the development, 22-maintenance, operation, and utilization of a coordinated database 23-and reporting system containing licensure, Adverse Action, and 24-Investigative Information on all licensed individuals in Member 25-States. 26- B. Notwithstanding any other provision of State law to the 27-contrary, a Member State shall submit a uniform data set to the 28-Data System on all individuals to whom this Compact is applicable 29-as required by the Rules of the Commission, including: 30- 1. Identifying information; 31- 2. Licensure data; 32- 3. Adverse Actions against a license or Privilege to 33-Practice; 34- 4. Non-confidential information related to Alternative 35-Program participation; 36- 5. Any denial of application for licensure, and the reason(s) 37-for such denial; 38- 6. Current Significant Investigative Information; and 39- 7. Other information that may facilitate the administration 40-of this Compact, as determined by the Rules of the Commission. 41- C. Investigative Information pertaining to a Licensee in any 42-Member State will only be available to other Member States. 43- D. The Commission shall promptly notify all Member States 44-of any Adverse Action taken against a Licensee or an individ ual 45-- – 18 –--- *AB163*-applying for a license. Adverse Action information pertaining to a 1-Licensee in any Member State will be available to any other 2-Member State. 3- E. Member States contributing information to the Data 4-System may designate information that may not be shared with the 5-public without the express permission of the contributing State. 6- F. Any information submitted to the Data System that is 7-subsequently required to be expunged by the laws of the Member 8-State contributing the information shall be removed from the Data 9-System. 10- 11-SECTION 11. RULEMAKING 12- 13- A. The Commission shall promulgate reasonable Rules in 14-order to effectively and efficiently achieve the purpose of the 15-Compact. Notwithstanding the foregoing, in the event the 16-Commission exercises its Rulemaking aut hority in a manner that 17-is beyond the scope of the purposes of the Compact, or the powers 18-granted hereunder, then such an action by the Commission shall 19-be invalid and have no force or effect. 20- B. The Commission shall exercise its Rulemaking powers 21-pursuant to the criteria set forth in this Section and the Rules 22-adopted thereunder. Rules and amendments shall become binding 23-as of the date specified in each Rule or amendment. 24- C. If a majority of the legislatures of the Member States 25-rejects a Rule, b y enactment of a statute or resolution in the same 26-manner used to adopt the Compact within four (4) years of the 27-date of adoption of the Rule, then such Rule shall have no further 28-force and effect in any Member State. 29- D. Rules or amendments to the Rules shall be adopted at a 30-regular or special meeting of the Commission. 31- E. Prior to promulgation and adoption of a final Rule or 32-Rules by the Commission, and at least thirty (30) days in advance 33-of the meeting at which the Rule will be considered and voted 34-upon, the Commission shall file a Notice of Proposed 35-Rulemaking: 36- 1. On the website of the Commission or other publicly 37-accessible platform; and 38- 2. On the website of each Member State Professional 39-Counseling Licensing Board or other publicly accessible p latform 40-or the publication in which each State would otherwise publish 41-proposed Rules. 42- F. The Notice of Proposed Rulemaking shall include: 43- 1. The proposed time, date, and location of the meeting in 44-which the Rule will be considered and voted upon; 45-- – 19 –--- *AB163*- 2. The text of the proposed Rule or amendment and the 1-reason for the proposed Rule; 2- 3. A request for comments on the proposed Rule from any 3-interested person; and 4- 4. The manner in which interested persons may submit 5-notice to the Commission of their in tention to attend the public 6-hearing and any written comments. 7- G. Prior to adoption of a proposed Rule, the Commission 8-shall allow persons to submit written data, facts, opinions, and 9-arguments, which shall be made available to the public. 10- H. The Commission shall grant an opportunity for a public 11-hearing before it adopts a Rule or amendment if a hearing is 12-requested by: 13- 1. At least twenty-five (25) persons; 14- 2. A State or federal governmental subdivision or agency; 15-or 16- 3. An association having at least twenty-five (25) members. 17- I. If a hearing is held on the proposed Rule or amendment, 18-the Commission shall publish the place, time, and date of the 19-scheduled public hearing. If the hearing is held via electronic 20-means, the Commission shall publish the mechanism for access to 21-the electronic hearing. 22- 1. All persons wishing to be heard at the hearing shall 23-notify the executive director of the Commission or other 24-designated member in writing of their desire to appear and testify 25-at the hearing not less t han five (5) business days before the 26-scheduled date of the hearing. 27- 2. Hearings shall be conducted in a manner providing each 28-person who wishes to comment a fair and reasonable opportunity 29-to comment orally or in writing. 30- 3. All hearings will be recor ded. A copy of the recording 31-will be made available on request. 32- 4. Nothing in this Section shall be construed as requiring a 33-separate hearing on each Rule. Rules may be grouped for the 34-convenience of the Commission at hearings required by this 35-Section. 36- J. Following the scheduled hearing date, or by the close of 37-business on the scheduled hearing date if the hearing was not 38-held, the Commission shall consider all written and oral comments 39-received. 40- K. If no written notice of intent to attend the public hearing 41-by interested parties is received, the Commission may proceed with 42-promulgation of the proposed Rule without a public hearing. 43- L. The Commission shall, by majority vote of all members, 44-take final action on the proposed Rule and shall determine th e 45-- – 20 –--- *AB163*-effective date of the Rule, if any, based on the Rulemaking record 1-and the full text of the Rule. 2- M. Upon determination that an emergency exists, the 3-Commission may consider and adopt an emergency Rule without 4-prior notice, opportunity for comment, or hearing, provided that 5-the usual Rulemaking procedures provided in the Compact and in 6-this Section shall be retroactively applied to the Rule as soon as 7-reasonably possible, in no event later than ninety (90) days after 8-the effective date of the Rule. For the purposes of this provision, 9-an emergency Rule is one that must be adopted immediately in 10-order to: 11- 1. Meet an imminent threat to public health, safety, or 12-welfare; 13- 2. Prevent a loss of Commission or Member State funds; 14- 3. Meet a deadline for the promulgation of an 15-administrative Rule that is established by federal law or Rule; or 16- 4. Protect public health and safety. 17- N. The Commission or an authorized committee of the 18-Commission may direct revisions to a previously adopted Rule or 19-amendment for purposes of correcting typographical errors, errors 20-in format, errors in consistency, or grammatical errors. Public 21-notice of any revisions shall be posted on the website of the 22-Commission. The revision shall be subject to challenge by any 23-person for a pe riod of thirty (30) days after posting. The revision 24-may be challenged only on grounds that the revision results in a 25-material change to a Rule. A challenge shall be made in writing 26-and delivered to the chair of the Commission prior to the end of 27-the notice period. If no challenge is made, the revision will take 28-effect without further action. If the revision is challenged, the 29-revision may not take effect without the approval of the 30-Commission. 31- 32-SECTION 12. OVERSIGHT, DISPUTE 33-RESOLUTION, AND ENFORCEMENT 34- 35- A. Oversight 36- 1. The executive, legislative, and judicial branches of State 37-government in each Member State shall enforce this Compact and 38-take all actions necessary and appropriate to effectuate the 39-Compact’s purposes and intent. The provisions of this C ompact 40-and the Rules promulgated hereunder shall have standing as 41-statutory law. 42- 2. All courts shall take judicial notice of the Compact and 43-the Rules in any judicial or administrative proceeding in a 44-Member State pertaining to the subject matter of this Compact 45-- – 21 –--- *AB163*-which may affect the powers, responsibilities, or actions of the 1-Commission. 2- 3. The Commission shall be entitled to receive service of 3-process in any such proceeding and shall have standing to 4-intervene in such a proceeding for all purposes. Failure to provide 5-service of process to the Commission shall render a judgment or 6-order void as to the Commission, this Compact, or promulgated 7-Rules. 8- B. Default, Technical Assistance, and Termination 9- 1. If the Commission determines that a Member State has 10-defaulted in the performance of its obligations or responsibilities 11-under this Compact or the promulgated Rules, the Commission 12-shall: 13- a. Provide written notice to the defaulting State and 14-other Member States of the nature of the default, the proposed 15-means of curing the default and/or any other action to be taken by 16-the Commission; and 17- b. Provide remedial training and specific technical 18-assistance regarding the default. 19- C. If a State in default fails to cure the default, the defaulting 20-State may be terminated from the Compact upon an affirmative 21-vote of a majority of the Member States, and all rights, privileges 22-and benefits conferred by this Compact may be terminated on the 23-effective date of termination. A cure of the default does not rel ieve 24-the offending State of obligations or liabilities incurred during the 25-period of default. 26- D. Termination of membership in the Compact shall be 27-imposed only after all other means of securing compliance have 28-been exhausted. Notice of intent to suspend or terminate shall be 29-given by the Commission to the governor, the majority and 30-minority leaders of the defaulting State’s legislature, and each of 31-the Member States. 32- E. A State that has been terminated is responsible for all 33-assessments, obligations, an d liabilities incurred through the 34-effective date of termination, including obligations that extend 35-beyond the effective date of termination. 36- F. The Commission shall not bear any costs related to a State 37-that is found to be in default or that has been te rminated from the 38-Compact, unless agreed upon in writing between the Commission 39-and the defaulting State. 40- G. The defaulting State may appeal the action of the 41-Commission by petitioning the U.S. District Court for the District 42-of Columbia or the federal d istrict where the Commission has its 43-principal offices. The prevailing member shall be awarded all 44-costs of such litigation, including reasonable attorney’s fees. 45-- – 22 –--- *AB163*- H. Dispute Resolution 1- 1. Upon request by a Member State, the Commission shall 2-attempt to resolve disputes related to the Compact that arise 3-among Member States and between member and non -Member 4-States. 5- 2. The Commission shall promulgate a Rule providing for 6-both mediation and binding dispute resolution for disputes as 7-appropriate. 8- I. Enforcement 9- 1. The Commission, in the reasonable exercise of its 10-discretion, shall enforce the provisions and Rules of this Compact. 11- 2. By majority vote, the Commission may initiate legal 12-action in the United States District Court for the District of 13-Columbia or the federal district where the Commission has its 14-principal offices against a Member State in default to enforce 15-compliance with the provisions of the Compact and its 16-promulgated Rules and bylaws. The relief sought may include 17-both injunctive relief and damages. In the event judicial 18-enforcement is necessary, the prevailing member shall be awarded 19-all costs of such litigation, including reasonable attorney’s fees. 20- 3. The remedies herein shall not be the exclusive remedies 21-of the Commission. The Comm ission may pursue any other 22-remedies available under federal or State law. 23- 24-SECTION 13. DATE OF IMPLEMENTATION 25-OF THE COUNSELING COMPACT 26-COMMISSION AND ASSOCIATED RULES, 27-WITHDRAWAL, AND AMENDMENT 28- 29- A. The Compact shall come into effect on the date on whic h 30-the Compact statute is enacted into law in the tenth Member State. 31-The provisions, which become effective at that time, shall be 32-limited to the powers granted to the Commission relating to 33-assembly and the promulgation of Rules. Thereafter, the 34-Commission shall meet and exercise Rulemaking powers 35-necessary to the implementation and administration of the 36-Compact. 37- B. Any State that joins the Compact subsequent to the 38-Commission’s initial adoption of the Rules shall be subject to the 39-Rules as they exist on the date on which the Compact becomes law 40-in that State. Any Rule that has been previously adopted by the 41-Commission shall have the full force and effect of law on the day 42-the Compact becomes law in that State. 43- C. Any Member State may withdraw from this Compact by 44-enacting a statute repealing the same. 45-- – 23 –--- *AB163*- 1. A Member State’s withdrawal shall not take effect until 1-six (6) months after enactment of the repealing statute. 2- 2. Withdrawal shall not affect the continuing requirement 3-of the withdrawing State’s Professional Counseling Licensing 4-Board to comply with the investigative and Adverse Action 5-reporting requirements of this act prior to the effective date of 6-withdrawal. 7- D. Nothing contained in this Compact shall be construed to 8-invalidate or prevent any Professional Counseling licensure 9-agreement or other cooperative arrangement between a Member 10-State and a non -Member State that does not conflict with the 11-provisions of this Compact. 12- E. This Compact may be amended by the Member States. No 13-amendment to t his Compact shall become effective and binding 14-upon any Member State until it is enacted into the laws of all 15-Member States. 16- 17-SECTION 14. CONSTRUCTION AND SEVERABILITY 18- 19- This Compact shall be liberally construed so as to effectuate 20-the purposes thereof. The provisions of this Compact shall be 21-severable and if any phrase, clause, sentence or provision of this 22-Compact is declared to be contrary to the constitution of any 23-Member State or of the United States or the applicability thereof to 24-any government, ag ency, person or circumstance is held invalid, 25-the validity of the remainder of this Compact and the applicability 26-thereof to any government, agency, person or circumstance shall 27-not be affected thereby. If this Compact shall be held contrary to 28-the constitution of any Member State, the Compact shall remain in 29-full force and effect as to the remaining Member States and in full 30-force and effect as to the Member State affected as to all severable 31-matters. 32- 33-SECTION 15. BINDING EFFECT OF 34-COMPACT AND OTHER LAWS 35- 36- A. A Licensee providing Professional Counseling services in 37-a Remote State under the Privilege to Practice shall adhere to the 38-laws and regulations, including scope of practice, of the Remote 39-State. 40- B. Nothing herein prevents the enforcement of any oth er law 41-of a Member State that is not inconsistent with the Compact. 42- C. Any laws in a Member State in conflict with the Compact 43-are superseded to the extent of the conflict. 44-- – 24 –--- *AB163*- D. Any lawful actions of the Commission, including all Rules 1-and bylaws properly promulgated by the Commission, are binding 2-upon the Member States. 3- E. All permissible agreements between the Commission and 4-the Member States are binding in accordance with their terms. 5- F. In the event any provision of the Compact exceeds the 6-constitutional limits imposed on the legislature of any Member 7-State, the provision shall be ineffective to the extent of the conflict 8-with the constitutional provision in question in that Member State. 9- Sec. 2. NRS 641A.191 is hereby amended to read as follows: 10- 641A.191 1. Except as otherwise provided in this section and 11-NRS 239.0115, and section 1 of this act, any records or information 12-obtained during the course of an investigation by the Board and any 13-record of the investigation are confidential. 14- 2. The complaint or other document filed by the Board to 15-initiate disciplinary action and all documents and information 16-considered by the Board when determining whether to impose 17-discipline are public records. 18- 3. This section does not prohibit the Board from 19-communicating or cooperating with any other licensing board or 20-agency or any agency which is investigating a licensee, inclu ding a 21-law enforcement agency. 22- Sec. 3. The preliminary chapter of NRS is hereby amended by 23-adding thereto a new section to read as follows: 24- Except as otherwise expressly provided in a particular statute 25-or required by the context, privilege to practice as a licensed 26-professional counselor in this State under the Counseling 27-Compact ratified and entered into in section 1 of this act shall be 28-deemed to be equivalent to a license to practice as a clinical 29-professional counselor issued by the Board of Examiners for 30-Marriage and Family Therapists and Cl inical Professional 31-Counselors pursuant to chapter 641A of NRS. 32- Sec. 4. NRS 239.010 is hereby amended to read as follows: 33- 239.010 1. Except as otherwise provided in this section and 34-NRS 1.4683, 1.4687, 1A.110, 3.2203, 41 .0397, 41.071, 49.095, 35-49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 36-62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 37-80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 38-87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.606 7, 88A.345, 39-88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 40-116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 41-119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 42-120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 43-127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 44-130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 45-- – 25 –--- *AB163*-176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 1-176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 2-179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 3-200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 4-209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 5-213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 6-218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 7-224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 8-231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 9-239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 10-239B.050, 239C.140, 239C.210, 239C.2 30, 239C.250, 239C.270, 11-239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 12-244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 13-250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 14-269.174, 271A.105, 281.195, 281.805, 281A .350, 281A.680, 15-281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 16-286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 17-293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 18-293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 19-332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 20-338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 21-353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 22-360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.13 8, 23-366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 24-379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 25-387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 26-388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 27-391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 28-392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 29-394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 30-396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 31-398A.115, 408.3 885, 408.3886, 408.3888, 408.5484, 412.153, 32-414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 33-425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 34-432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 35-432B.560, 432B.5902, 432C.140, 432C. 150, 433.534, 433A.360, 36-439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 37-439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 38-441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 39-442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 40-449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 41-453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 42-459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 43-463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 44-481.091, 48 1.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 45-- – 26 –--- *AB163*-483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 1-484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 2-571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 3-598A.420, 599B.090, 603.0 70, 603A.210, 604A.303, 604A.710, 4-604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 5-616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 6-624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 7-628B.760, 629.043, 629.047, 629.0 69, 630.133, 630.2671, 8-630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 9-630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 10-632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 11-633.4717, 633.524, 634.055, 634.1303, 634.214, 634A .169, 12-634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 13-637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 14-639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 15-640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 16-640C.760, 64 0D.135, 640D.190, 640E.225, 640E.340, 641.090, 17-641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 18-641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 19-642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 20-645A.082, 645B.060, 645B.092, 645C .220, 645C.225, 645D.130, 21-645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 22-648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 23-654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 24-669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 25-675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 26-678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 27-679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 28-681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C. 306, 29-687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 30-688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 31-692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 32-696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 33-711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 34-478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 35-of Nevada 2013 and unless otherwise declared by law to be 36-confidential, all public boo ks and public records of a governmental 37-entity must be open at all times during office hours to inspection by 38-any person, and may be fully copied or an abstract or memorandum 39-may be prepared from those public books and public records. Any 40-such copies, abst racts or memoranda may be used to supply the 41-general public with copies, abstracts or memoranda of the records or 42-may be used in any other way to the advantage of the governmental 43-entity or of the general public. This section does not supersede or in 44-any manner affect the federal laws governing copyrights or enlarge, 45-- – 27 –--- *AB163*-diminish or affect in any other manner the rights of a person in any 1-written book or record which is copyrighted pursuant to federal law. 2- 2. A governmental entity may not reject a book or rec ord 3-which is copyrighted solely because it is copyrighted. 4- 3. A governmental entity that has legal custody or control of a 5-public book or record shall not deny a request made pursuant to 6-subsection 1 to inspect or copy or receive a copy of a public book or 7-record on the basis that the requested public book or record contains 8-information that is confidential if the governmental entity can 9-redact, delete, conceal or separate, including, without limitation, 10-electronically, the confidential information from t he information 11-included in the public book or record that is not otherwise 12-confidential. 13- 4. If requested, a governmental entity shall provide a copy of a 14-public record in an electronic format by means of an electronic 15-medium. Nothing in this subsection r equires a governmental entity 16-to provide a copy of a public record in an electronic format or by 17-means of an electronic medium if: 18- (a) The public record: 19- (1) Was not created or prepared in an electronic format; and 20- (2) Is not available in an electronic format; or 21- (b) Providing the public record in an electronic format or by 22-means of an electronic medium would: 23- (1) Give access to proprietary software; or 24- (2) Require the production of information that is confidential 25-and that cannot be reda cted, deleted, concealed or separated from 26-information that is not otherwise confidential. 27- 5. An officer, employee or agent of a governmental entity who 28-has legal custody or control of a public record: 29- (a) Shall not refuse to provide a copy of that public record in the 30-medium that is requested because the officer, employee or agent has 31-already prepared or would prefer to provide the copy in a different 32-medium. 33- (b) Except as otherwise provided in NRS 239.030, shall, upon 34-request, prepare the copy of the public record and shall not require 35-the person who has requested the copy to prepare the copy himself 36-or herself. 37- Sec. 5. This act becomes effective on July 1, 2025. 38--H+M. Sylvia Fernandez+President & CEO
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.