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--- version:introduced version+++ version:(document, no version)@@ -1,2166 +1,23 @@-underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-HOUSE BILL 32-57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026-INTRODUCED BY-Marian Matthews and Jenifer Jones and Nicole Chavez-and Elaine Sena Cortez and Catherine J. Cullen-AN ACT-RELATING TO PROFESSIONAL LICENSURE; ENACTING THE COUNSELING-COMPACT.-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:-SECTION 1. [NEW MATERIAL] COUNSELING COMPACT ENTERED-INTO.--The Counseling Compact is entered into law and entered-into with all other jurisdictions legally joining therein in a-form substantially as follows:-"Counseling Compact-SECTION 1 -- PURPOSE-The purpose of this compact is to facilitate the-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-.232922.1-underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-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:-A. increase public access to professional-counseling services by providing for the mutual recognition of-other member state licenses;-B. enhance the states' ability to protect the-public's health and safety;-C. encourage the cooperation of member states in-regulating multistate practice for licensed professional-counselors;-D. support spouses of relocating active duty-military personnel;-E. enhance the exchange of licensure, investigative-and disciplinary information among member states;-F. allow for the use of telehealth technology to-facilitate increased access to professional counseling-services;-G. support the uniformity of professional-counseling licensure requirements throughout the states to-promote public safety and public health benefits;-H. invest all member states with the authority to-hold a licensed professional counselor accountable for meeting-.232922.1-- 2 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-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;-I. eliminate the necessity for licenses in multiple-states; and-J. provide opportunities for interstate practice by-licensed professional counselors who meet uniform licensure-requirements.-SECTION 2 -- DEFINITIONS-As used in this compact, and except as otherwise provided,-the following definitions shall apply:-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 U.S.C. Chapters 1209 and 1211;-B. "adverse action" means any administrative,-civil, equitable or criminal action permitted by a state's laws-that 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;-.232922.1-- 3 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-C. "alternative program" means a non-disciplinary-monitoring or practice remediation process approved by a-licensing board to address impaired practitioners;-D. "continuing competence or education" means a-requirement, as a condition of license renewal, to provide-evidence of participation in, or completion of, educational and-professional activities relevant to practice or area of work;-E. "counseling compact commission" or "commission"-means the national administrative body whose membership-consists of all states that have enacted the compact;-F. "current significant investigative information"-means:-(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-(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;-G. "data system" means a repository of information-about licensees, including continuing education, examination,-.232922.1-- 4 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-licensure, investigative, privilege to practice and adverse-action information;-H. "encumbered license" means a license in which an-adverse action restricts the practice of licensed professional-counseling by the licensee and the adverse action has been-reported to the national practitioner data bank;-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;-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;-K. "home state" means the member state that is the-licensee's primary state of residence;-L. "impaired practitioner" means an individual who-has a condition that may impair the person's ability to-practice as a licensed professional counselor without some type-of intervention and may include alcohol or drug dependence,-mental health impairment or neurological or physical-impairments;-M. "investigative information" means information,-records or documents received or generated by a licensing board-pursuant to an investigation;-N. "jurisprudence requirement", if required by a-member state, means the assessment of an individual's knowledge-.232922.1-- 5 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-of the laws and rules governing the practice of professional-counseling in a state;-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;-P. "licensee" means an individual who currently-holds an authorization from the state to practice as a licensed-professional counselor;-Q. "licensing board" means the agency of a state,-or equivalent, that is responsible for the licensing and-regulation of licensed professional counselors;-R. "member state" means a state that has enacted-the compact;-S. "privilege to practice" means a legal-authorization, which is equivalent to a license, permitting the-practice of professional counseling in a remote state;-T. "professional counseling" means the assessment,-diagnosis and treatment of behavioral health conditions by a-licensed professional counselor;-U. "remote state" means a member state other than-the home state, where a licensee is exercising or seeking to-exercise the privilege to practice;-V. "rule" means a regulation promulgated by the-commission that has the force of law;-.232922.1-- 6 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-W. "single state license" means a licensed-professional counselor license issued by a member state that-authorizes practice only within the issuing state and does not-include a privilege to practice in any other member state;-X. "state" means any state, commonwealth, district-or territory of the United States that regulates the practice-of professional counseling;-Y. "telehealth" means the application of-telecommunication technology to deliver professional counseling-services remotely to assess, diagnose and treat behavioral-health conditions; and-Z. "unencumbered license" means a license that-authorizes a licensed professional counselor to engage in the-full and unrestricted practice of professional counseling.-SECTION 3 -- STATE PARTICIPATION IN THE COMPACT-A. To participate in the compact, a state must-currently:-(1) license and regulate licensed professional-counselors;-(2) require licensees to pass a nationally-recognized exam approved by the commission; and-(3) require licensees to have a sixty-semester-hour or ninety quarter-hour master's degree in-counseling or sixty semester-hours or ninety quarter-hours of-graduate course work, including the following topic areas:-.232922.1-- 7 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-(a) professional counseling orientation-and ethical practice;-(b) social and cultural diversity;-(c) human growth and development;-(d) career development;-(e) counseling and helping-relationships;-(f) group counseling and group work;-(g) diagnosis and treatment; assessment-and testing;-(h) research and program evaluation; and-(i) other areas as determined by the-commission;-(4) require licensees to complete a supervised-postgraduate professional experience as defined by the-commission; and-(5) have a mechanism in place for receiving-and investigating complaints about licensees.-B. A member state shall:-(1) participate fully in the commission's data-system, including using the commission's unique identifier as-defined in rules;-(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-.232922.1-- 8 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-licensee;-(3) implement or utilize procedures for-considering the criminal history records of applicants for an-initial privilege to practice, including 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, including:-(a) 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; and-(b) a requirement that 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 Public Law-92-544;-(4) comply with the rules of the commission;-(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-.232922.1-- 9 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-as all other applicable state laws;-(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-(7) provide for the attendance of the state's-commissioner to the counseling compact commission meetings.-C. Member states may charge a fee for granting the-privilege to practice.-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.-E. Nothing in this compact shall affect the-requirements established by a member state for the issuance of-a single state license.-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.-SECTION 4 -- PRIVILEGE TO PRACTICE-A. To exercise the privilege to practice under the-.232922.1-- 10 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-terms and provisions of the compact, the licensee shall:-(1) hold a license in the home state;-(2) have a valid United States social security-number or national practitioner identifier;-(3) be eligible for a privilege to practice in-any member state in accordance with Subsections D, G and H of-this section;-(4) have not had any encumbrance or-restriction against any license or privilege to practice within-the previous two years;-(5) notify the commission that the licensee is-seeking the privilege to practice within a remote state;-(6) pay any applicable fees, including any-state fee, for the privilege to practice;-(7) meet any continuing competence or-education requirements established by the home state;-(8) meet any jurisprudence requirements-established by the remote state in which the licensee is-seeking a privilege to practice; and-(9) report to the commission any adverse-action, encumbrance or restriction on license taken by any-nonmember state within thirty days from the date the action is-taken.-B. The privilege to practice is valid until the-expiration date of the home state license. The licensee must-.232922.1-- 11 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-comply with the requirements of Subsection A of this section to-maintain the privilege to practice in the remote state.-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.-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 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.-E. If a home state license is encumbered, the-licensee shall lose the privilege to practice in any remote-state until the following occur:-(1) the home state license is no longer-encumbered; and-(2) the licensee has not had any encumbrance-or restriction against any license or privilege to practice-within the previous two years.-F. Once an encumbered license in the home state is-restored to good standing, the licensee shall meet the-.232922.1-- 12 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-requirements of Subsection A of this section in order to obtain-a privilege to practice in any remote state.-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:-(1) the specific period of time for which the-privilege to practice was removed has ended;-(2) all fines have been paid; and-(3) the licensee has not had any encumbrance-or restriction against any license or privilege to practice-within the previous two years.-H. Once the requirements of Subsection G of this-section have been met, the licensee shall meet the requirements-in Subsection A of this section in order to obtain a privilege-to practice in a remote state.-SECTION 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.-B. If a licensed professional counselor's primary-state of residence changes due to moving between two member-states:-(1) the licensed professional counselor shall-.232922.1-- 13 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-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;-(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-Section 4 of this compact via the data system, without need for-primary source verification except for:-(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 Public Law 92-544;-(b) other criminal background checks as-required by the new home state; and-(c) completion of any requisite-jurisprudence requirements of the new home state;-(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;-(4) notwithstanding any other provision of-this compact, if the licensed professional counselor cannot-meet the criteria established in Section 4 of this compact, the-.232922.1-- 14 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-new home state may apply its requirements for issuing a new-single state license; and-(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.-C. If a licensed professional counselor changes-primary state of residence by moving from a member state to a-nonmember state, or from a nonmember state to a member state,-the state criteria shall apply for issuance of a single state-license in the new state.-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.-E. Nothing in this compact shall affect the-requirements established by a member state for the issuance of-a single state license.-SECTION 6 -- ACTIVE DUTY MILITARY MEMBERS OR THEIR SPOUSES-An active duty military member, or the member's spouse,-shall designate a home state where the member or member's-spouse has a current license in good standing. The member or-member's spouse may retain the home state designation during-the period the member is on active duty. Subsequent to-designating a home state, the member or member's spouse shall-only change the member's or member's spouse's home state-.232922.1-- 15 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-through application for licensure in the new state, or through-the process outlined in Section 5 of this compact.-SECTION 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 Section 3 of this compact 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.-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.-SECTION 8 -- ADVERSE ACTIONS-A. In addition to the other powers conferred by-state law:-(1) a remote state shall have the authority,-in accordance with existing state due process law, to take-adverse action against a licensed professional counselor's-privilege to practice within that member state;-(2) a remote state shall have the authority,-in accordance with existing state due process law, to 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-.232922.1-- 16 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-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 is-located; and-(3) the home state shall have the sole power-to take adverse action against a licensed professional-counselor's license issued by the home state.-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.-C. The home state shall complete any pending-investigations of a licensed professional counselor who changes-the primary state of residence during the course of the-investigations. The home state shall also have the authority-to take appropriate action and shall promptly report the-conclusions of the investigations to the administrator of the-data system. The administrator of the coordinated licensure-.232922.1-- 17 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-information system shall promptly notify the new home state of-any adverse actions.-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.-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.-F. Joint investigations shall be conducted as-follows:-(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; and-(2) member states shall share any-investigative, litigation or compliance materials in-furtherance of any joint or individual investigation initiated-under the compact.-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-.232922.1-- 18 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-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.-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.-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.-SECTION 9 -- ESTABLISHMENT OF COUNSELING COMPACT COMMISSION-A. The compact member states shall create and-establish a joint public agency known as the "counseling-compact commission" as follows:-(1) the counseling compact commission shall be-an instrumentality of the compact states;-(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 counseling-compact commission may waive venue and jurisdictional defenses-.232922.1-- 19 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-to the extent it adopts or consents to participate in-alternative dispute resolution proceedings; and-(3) nothing in this compact shall be construed-to be a waiver of sovereign immunity.-B. Membership, voting and meetings shall be-conducted as follows:-(1) each member state shall have one delegate-selected by that member state's licensing board;-(2) a delegate shall be:-(a) a current member of the licensing-board at the time of appointment, who is a licensed-professional counselor or public member; or-(b) an administrator of the licensing-board;-(3) a delegate may be removed or suspended-from office as provided by the law of the state from which the-delegate is appointed;-(4) a vacancy occurring on the commission-shall be filled by the member state licensing board within-sixty days;-(5) a delegate shall be entitled to one vote-with regard to the promulgation of rules and creation of bylaws-and have an opportunity to participate in the business and-affairs of the commission;-(6) a delegate shall vote in person or by-.232922.1-- 20 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-other means as provided in the bylaws, including participation-in meetings by telephone or other means of communication;-(7) the commission shall meet at least once-during each calendar year, with additional meetings to be held-as set forth in the bylaws; and-(8) the commission shall by rule establish a-term of office for delegates and may by rule establish term-limits.-C. The commission shall have the following powers-and duties:-(1) establish the fiscal year of the-commission;-(2) establish bylaws;-(3) maintain its financial records in-accordance with the bylaws;-(4) meet and take such actions as are-consistent with the provisions of this compact and the bylaws;-(5) promulgate rules, which shall be binding-to the extent and in the manner provided for in the compact;-(6) bring and prosecute legal proceedings or-actions in the name of the commission; provided that the-standing of any licensing board to sue or be sued under-applicable law shall not be affected;-(7) purchase and maintain insurance and bonds;-(8) borrow, accept or contract for services of-.232922.1-- 21 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-personnel, including employees of a member state;-(9) hire employees; elect or appoint officers;-fix compensation; define duties; grant such individuals-appropriate authority to carry out the purposes of the compact;-and establish the commission's personnel policies and programs-relating to conflicts of interest, qualifications of personnel-and other related personnel matters;-(10) accept any and all appropriate donations-and grants of money, equipment, supplies, materials and-services and receive, utilize and dispose of the same; provided-that at all times the commission shall avoid any appearance of-impropriety or conflict of interest;-(11) lease, purchase, accept appropriate gifts-or donations of, or otherwise own, hold, improve or use, any-property, real, personal or mixed; provided that at all times-the commission shall avoid any appearance of impropriety;-(12) sell, convey, mortgage, pledge, lease,-exchange, abandon or otherwise dispose of any property, real,-personal or mixed;-(13) establish a budget and make expenditures;-(14) borrow money;-(15) appoint committees, including standing-committees composed of members, state regulators, state-legislators or their representatives, consumer representatives-and other interested persons as designated in this compact and-.232922.1-- 22 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-the bylaws;-(16) provide and receive information from, and-cooperate with, law enforcement agencies;-(17) establish and elect an executive-committee; and-(18) perform such other functions as necessary-or appropriate to achieve the purposes of this compact-consistent with the state regulation of professional counseling-licensure and practice.-D. The executive committee shall:-(1) have the power to act on behalf of the-commission according to the terms of this compact;-(2) be composed of up to eleven members,-including:-(a) an even number of voting members who-are elected by the commission from the current membership of-the commission;-(b) up to four ex-officio, nonvoting-members from four recognized national professional counselor-organizations; and-(c) ex-officio members shall be selected-by their respective organizations;-(3) the commission may remove a member of the-executive committee as provided in the bylaws;-(4) meet at least annually; and-.232922.1-- 23 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-(5) have the following duties and-responsibilities:-(a) recommend changes to the commission-regarding the rules or bylaws, changes to this compact-legislation, fees paid by compact member states such as annual-dues and any commission compact fee charged to licensees for-the privilege to practice;-(b) ensure compact administration-services are appropriately provided, contractual or otherwise;-(c) prepare and recommend the budget;-(d) maintain financial records on behalf-of the commission;-(e) monitor compact compliance of member-states and provide compliance reports to the commission;-(f) establish additional committees as-necessary; and-(g) perform additional duties as-provided in rules or bylaws.-E. Meetings of the commission, the executive-committee or other committees:-(1) shall be open to the public, and public-notice of meetings shall be given in the same manner as-required under the rulemaking provisions in Section 11 of this-compact; and-(2) may convene in a closed, nonpublic meeting-.232922.1-- 24 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-if any of the following matters will be discussed:-(a) the noncompliance of a member state-with its obligations under the compact;-(b) the employment, compensation,-discipline or other matters, practices or procedures related to-specific employees or other matters related to the commission's-internal personnel practices and procedures;-(c) current, threatened or reasonably-anticipated litigation;-(d) negotiation of contracts for the-purchase, lease or sale of goods, services or real estate;-(e) accusations of a crime or formal-censure of a person;-(f) disclosure of trade secrets or-commercial or financial information that is privileged or-confidential;-(g) disclosure of information of a-personal nature where disclosure would constitute a clearly-unwarranted invasion of personal privacy;-(h) disclosure of investigative records-compiled for law enforcement purposes;-(i) disclosure of information related to-any investigative reports prepared by or on behalf of or for-use of the commission or other committee charged with-responsibility of investigation or determination of compliance-.232922.1-- 25 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-issues pursuant to the compact; or-(j) matters specifically exempted from-disclosure by federal or member state statute;-(3) if fully or partially closed pursuant to-Paragraph (2) of this subsection, the commission's legal-counsel or designee shall reference each relevant exempting-provision and certify that the meeting may be closed; and-(4) shall be memorialized with minutes that-fully and clearly describe all matters discussed in a meeting-and provide a full and accurate summary of action taken and-reasons for taking action, including a description of the views-expressed; and identify all documents considered in connection-with an action taken; provided that all minutes and documents-of a closed meeting shall remain under seal, subject to release-by a majority vote of the commission or order of a court of-competent jurisdiction.-F. Financing of the commission shall be carried out-as follows:-(1) the commission shall pay, or provide for-the payment of, the reasonable expenses of its establishment,-organization and ongoing activities;-(2) the commission may accept any and all-appropriate revenue sources, donations and grants of money,-equipment, supplies, materials and services;-(3) the commission may levy on and collect an-.232922.1-- 26 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-annual assessment from each member state or impose fees on-other parties to cover the cost of the operations and-activities of the commission and its staff, in an amount-sufficient to cover its annual budget as approved each year for-which revenue is not provided by other sources. The aggregate-annual assessment amount shall be allocated based upon a-formula to be determined by the commission by rule, which shall-be binding upon all member states;-(4) the commission shall not incur obligations-prior to securing the funds adequate to meet the obligations or-pledge the credit of any of the member states, absent the-authority of the member state; and-(5) the commission shall keep accurate-accounts of all receipts and disbursements. The receipts and-disbursements of the commission shall be subject to the audit-and accounting procedures established under its bylaws.-However, all receipts and disbursements of funds handled by the-commission shall be audited yearly by a certified or licensed-public accountant, and the report of the audit shall be-included in and become part of the annual report of the-commission.-G. Qualified immunity, defense and indemnification-shall apply as follows:-(1) the members, officers, executive director,-employees and representatives of the commission shall be immune-.232922.1-- 27 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-from suit and liability, either personally or in their official-capacity, for any claim for damage to or loss of property or-personal injury or other civil liability caused by or arising-out of any actual or alleged act, error or omission that-occurred, or that the person against whom the claim is made had-a reasonable basis for believing occurred within the scope of-commission employment, duties or responsibilities; provided-that nothing in this paragraph shall be construed to protect-any such person from suit or liability for any damage, loss,-injury or liability caused by the intentional or willful or-wanton misconduct of that person;-(2) the commission shall defend any member,-officer, executive director, employee or representative of the-commission in any civil action seeking to impose liability-arising out of any actual or alleged act, error or omission-that occurred within the scope of commission employment, duties-or responsibilities, or that the person against whom the claim-is made had a reasonable basis for believing occurred within-the scope of commission employment, duties or responsibilities;-provided that nothing in this paragraph shall be construed to-prohibit that person from retaining his or her own counsel; and-provided further that the actual or alleged act, error or-omission did not result from that person's intentional or-willful or wanton misconduct; and-(3) the commission shall indemnify and hold-.232922.1-- 28 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-harmless any member, officer, executive director, employee or-representative of the commission for the amount of any-settlement or judgment obtained against that person arising out-of any actual or alleged act, error or omission that occurred-within the scope of commission, employment, duties or-responsibilities, or that such person had a reasonable basis-for believing occurred within the scope of commission-employment, duties or responsibilities; provided that the-actual or alleged act, error or omission did not result from-the intentional or willful or wanton misconduct of that person.-SECTION 10 -- DATA SYSTEM-A. The commission shall provide for the-development, maintenance, operation and utilization of a-coordinated database and reporting system containing licensure,-adverse action and investigative information on all licensees-in member states.-B. Unless prohibited by state law, a member state-shall submit a uniform data set to the data system on all-individuals to whom this compact is applicable as required by-the rules of the commission, including:-(1) identifying information;-(2) licensure data;-(3) adverse actions against a license or-privilege to practice;-(4) non-confidential information related to-.232922.1-- 29 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-alternative program participation;-(5) any denial of application for licensure-and the reasons for such denial;-(6) current significant investigative-information; or-(7) other information that may facilitate the-administration of this compact, as determined by the rules of-the commission.-C. Investigative information pertaining to a-licensee in a member state is only available to other member-states.-D. The commission shall promptly notify all member-states of an adverse action taken against a licensee or an-individual applying for a license. Adverse action information-pertaining to a licensee in a member state is available to any-other member state.-E. Member states contributing information to the-data system may designate information that may not be shared-with the public without the express permission of the-contributing state.-F. Any information submitted to the data system-that is subsequently required to be expunged by the laws of the-member state contributing the information shall be removed from-the data system.-SECTION 11 -- RULEMAKING-.232922.1-- 30 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-A. The commission shall promulgate reasonable rules-in order to effectively and efficiently achieve the purpose of-the compact. If the commission exercises its rulemaking-authority in a manner that is beyond the scope of the purposes-of the compact or the powers granted pursuant to the compact,-then such an action by the commission shall be invalid and have-no force or effect.-B. The commission shall exercise its rulemaking-powers pursuant to the criteria set forth in this section and-the rules adopted pursuant to the compact. Rules and-amendments shall become binding as of the date specified in-each rule or amendment.-C. If a majority of the legislatures of the member-states rejects a rule, by enactment of a statute or resolution-in the same manner used to adopt the compact within four years-of the date of adoption of the rule, then such rule shall have-no further force and effect in any member state.-D. Rules or amendments to the rules shall be-adopted at a regular or special meeting of the commission.-E. Prior to promulgation and adoption of a final-rule by the commission, and at least thirty days in advance of-the meeting at which the rule will be considered and voted-upon, the commission shall file a notice of proposed-rulemaking:-(1) on the website of the commission or other-.232922.1-- 31 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-publicly accessible platform; and-(2) on the website of each member state-licensing board, other publicly accessible platform or the-publication in which each state would otherwise publish-proposed rules.-F. The notice of proposed rulemaking shall include:-(1) the proposed time, date and location of-the meeting in which the rule will be considered and voted-upon;-(2) the text of the proposed rule or amendment-and the reason for the proposed rule;-(3) a request for comments on the proposed-rule from any interested person; and-(4) the manner in which interested persons may-submit notice to the commission of their intention to attend-the public hearing and any written comments.-G. Prior to adoption of a proposed rule, the-commission shall allow persons to submit written data, facts,-opinions and arguments, which shall be made available to the-public.-H. The commission shall grant an opportunity for a-public hearing before it adopts a rule or amendment if a-hearing is requested by:-(1) at least twenty-five persons;-(2) a state or federal governmental-.232922.1-- 32 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-subdivision or agency; or-(3) an association having at least twenty-five-members.-I. If a hearing is held on the proposed rule or-amendment, the commission shall publish the place, time and-date of the scheduled public hearing. If the hearing is held-via electronic means, the commission shall publish the-mechanism for access to the electronic hearing to ensure the-following:-(1) all persons wishing to be heard at the-hearing shall notify the executive director of the commission-or other designated member in writing of their desire to appear-and testify at the hearing not less than five business days-before the scheduled date of the hearing;-(2) hearings shall be conducted in a manner-providing each person who wishes to comment a fair and-reasonable opportunity to comment orally or in writing;-(3) all hearings will be recorded, and a copy-of the recording will be made available on request; and-(4) nothing in this section shall be construed-as requiring a separate hearing on each rule, and rules may be-grouped for the convenience of the commission at hearings-required by this section.-J. Following the scheduled hearing date, or by the-close of business on the scheduled hearing date if the hearing-.232922.1-- 33 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-was not held, the commission shall consider all written and-oral comments received.-K. If no written notice of intent to attend the-public hearing by interested parties is received, the-commission may proceed with promulgation of the proposed rule-without a public hearing.-L. The commission shall, by majority vote of all-members, take final action on the proposed rule and shall-determine the effective date of the rule, if any, based on the-rulemaking record and the full text of the rule.-M. Upon determination that an emergency exists, the-commission may consider and adopt an emergency rule without-prior notice, opportunity for comment or hearing; provided that-the usual rulemaking procedures provided in the compact and in-this section shall be retroactively applied to the rule as soon-as reasonably possible and later than ninety days after the-effective date of the rule. For the purposes of this-provision, an emergency rule is one that must be adopted-immediately in order to:-(1) meet an imminent threat to public health,-safety or welfare;-(2) prevent a loss of commission or member-state funds;-(3) meet a deadline for the promulgation of an-administrative rule that is established by federal law or rule;-.232922.1-- 34 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-or-(4) protect public health and safety.-N. The commission or an authorized committee of the-commission may direct revisions to a previously adopted rule or-amendment for purposes of correcting typographical errors,-errors in format, errors in consistency or grammatical errors.-Public notice of any revisions shall be posted on the website-of the commission. The revision shall be subject to challenge-by any person for a period of thirty days after posting. The-revision may be challenged only on grounds that the revision-results in a material change to a rule. A challenge shall be-made in writing and delivered to the chair of the commission-prior to the end of the notice period. If no challenge is-made, the revision shall take effect without further action.-If the revision is challenged, the revision may not take effect-without the approval of the commission.-SECTION 12 -- COMPACT OVERSIGHT, DISPUTE RESOLUTION AND-ENFORCEMENT-A. Compact oversight shall be carried out as-follows:-(1) the executive, legislative and judicial-branches of state government in each member state shall enforce-this compact and take all necessary and appropriate actions-necessary to effectuate the compact's purposes and intent. The-provisions of this compact and the rules promulgated hereunder-.232922.1-- 35 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-shall have standing as statutory law;-(2) all courts shall take judicial notice of-the compact and the rules in any judicial or administrative-proceeding that may affect the powers, responsibilities or-actions of the commission in a member state pertaining to the-subject matter of this compact; and-(3) the commission shall be entitled to-receive service of process in such proceedings and shall have-standing to intervene in such a proceeding for all purposes.-Failure to provide service of process to the commission shall-render a judgment or order void as to the commission, this-compact or promulgated rules.-B. Default, technical assistance and member state-termination shall be managed as follows:-(1) if the commission determines that a member-state has defaulted in the performance of its obligations or-responsibilities under this compact or the promulgated rules,-the commission shall provide:-(a) written notice to the defaulting-member state and other member states of the nature of the-default, the proposed means of curing the default or any other-action to be taken by the commission; and-(b) remedial training and specific-technical assistance regarding the default.-C. If a member state is in default of the compact-.232922.1-- 36 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-and fails to cure the default, the defaulting member state may-be terminated from the compact upon an affirmative vote of a-majority of the member states, and all rights, privileges and-benefits conferred by this compact may be terminated on the-effective date of termination. A cure of the default does not-relieve the defaulting member state of obligations or-liabilities incurred during the period of default.-D. Termination of compact membership shall be-imposed only after all other means of securing compliance have-been exhausted. Notice of intent to suspend or terminate shall-be given by the commission to the governor, the majority and-minority leaders of the defaulting member state's legislature-and each of the member states.-E. A state that has been terminated from the-compact is responsible for all assessments, obligations and-liabilities incurred through the effective date of termination,-including obligations that extend beyond the effective date of-termination.-F. The commission shall not bear any costs related-to a state that is found to be in default or that has been-terminated from the compact, unless agreed upon in writing-between the commission and the defaulting state.-G. The defaulting state may appeal the action of-the commission by petitioning the United States district court-for the District of Columbia or the federal district where the-.232922.1-- 37 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-commission has its principal offices. The prevailing party-shall be awarded all costs of such litigation, including-reasonable attorney fees.-H. Dispute resolution shall be conducted as-follows:-(1) upon request by a member state, the-commission shall attempt to resolve disputes related to the-compact that arise among member states and between member and-nonmember states; and-(2) the commission shall promulgate a rule-providing for both mediation and binding dispute resolution for-disputes as appropriate.-I. Enforcement shall be carried out as follows:-(1) the commission, in the reasonable exercise-of its discretion, shall enforce the provisions and rules of-this compact;-(2) by majority vote, the commission may-initiate legal action in the United States district court for-the District of Columbia or the federal district where the-commission has its principal offices against a member state in-default to enforce compliance with the provisions of the-compact and its promulgated rules and bylaws. The relief-sought may include both injunctive relief and damages. In the-event judicial enforcement is necessary, the prevailing party-shall be awarded all costs of such litigation, including-.232922.1-- 38 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-reasonable attorney fees; and-(3) the remedies in this subsection shall not-be the exclusive remedies of the commission, and the commission-may pursue any other remedies available under federal or state-law.-SECTION 13 -- DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT-COMMISSION AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT-A. The compact shall come into effect on the date-on which the compact statute is enacted into law by the tenth-member state. The provisions, which become effective at that-time, shall be limited to the powers granted to the commission-relating to assembly and the promulgation of rules.-Thereafter, the commission shall meet and exercise rulemaking-powers necessary for the implementation and administration of-the compact.-B. Any state that joins the compact subsequent to-the commission's initial adoption of the rules shall be subject-to the rules as they exist on the date on which the compact-becomes law in that state. Any rule that has been previously-adopted by the commission shall have the full force and effect-of law on the day the compact becomes law in that state.-C. To withdraw from this compact, a member state-shall enact a statute repealing this statute, and withdrawal:-(1) shall take effect six months after the-enactment of the repealing statute; and-.232922.1-- 39 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-(2) shall not affect the continuing-requirement of the withdrawing state's licensing board to-comply with the investigative and adverse action reporting-requirements of the compact prior to the effective date of-withdrawal.-D. Nothing contained in this compact shall be-construed to invalidate or prevent any professional counseling-licensure agreement or other cooperative arrangement between a-member state and a nonmember state that does not conflict with-the provisions of this compact.-E. This compact may be amended by the member-states. The amendment shall become effective and binding upon-a member state when it is enacted into the laws of all member-states.-SECTION 14 -- CONSTRUCTION AND SEVERABILITY-This compact shall be liberally construed to effectuate-its purposes. The provisions of this compact shall be-severable, and if any part of this compact is declared to be-contrary to the constitution of any member state or of the-United States or its applicability to any government, agency,-person or circumstance is held invalid, the validity of the-remainder of this compact and its applicability to any-government, agency, person or circumstance shall not be-affected. If this compact is held contrary to the constitution-of any member state, the compact shall remain in full force and-.232922.1-- 40 --underscored material = new[bracketed material] = delete-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-effect as to the remaining member states and in full force and-effect as to the member state affected as to all severable-matters.-SECTION 15 -- BINDING EFFECT OF COMPACT AND OTHER LAWS-A. A licensee providing professional counseling-services in a remote state under the privilege to practice-shall adhere to the laws and regulations, including scope of-practice, of the remote state.-B. Nothing in this compact prevents the enforcement-of any other law of a member state that is consistent with the-compact.-C. Any laws in a member state in conflict with the-compact are superseded to the extent of the conflict.-D. Any lawful actions of the commission, including-all rules and bylaws properly promulgated by the commission,-are binding upon the member states.-E. All permissible agreements between the-commission and the member states are binding in accordance with-their terms.-F. In the event any provision of the compact-exceeds the constitutional limits imposed on the legislature of-any member state, the provision shall be ineffective to the-extent of the conflict with the constitutional provision in-question in that member state.".-- 41 --.232922.1+FIFTY-SEVENTH LEGISLATURE++SECOND SESSION++February 4, 2026++HOUSE FLOOR AMENDMENT number ___1__ to HOUSE JUDICIARY COMMITTEE+SUBSTITUTE FOR HOUSE BILL 32++Amendment sponsored by Representative Jenifer Jones++ 1. On page 22, line 2, strike "an even number of" and insert+in lieu thereof "seven".++ _______________________________++ Jenifer Jones++Adopted ___________________ Not Adopted ________________________++ (Chief Clerk) (Chief Clerk)++ Date _________________
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