Section 1.

new text begin [148B.75] LICENSED PROFESSIONAL COUNSELOR INTERSTATE
COMPACT.
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new text begin The licensed professional counselor interstate compact is enacted into law and entered
into with all other jurisdictions legally joining in it, in the form substantially specified in
this section.
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new text begin ARTICLE I
new text end new text begin PURPOSE
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new text begin The purpose of this compact is to facilitate interstate practice of licensed professional
counselors with the goal of improving public access to professional counseling services.
The practice of professional counseling occurs in the state where the client is located at the
time of the counseling services. The compact preserves the regulatory authority of states to
protect public health and safety through the current system of state licensure. This compact
is designed to achieve the following objectives:
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new text begin (1) increase public access to professional counseling services by providing for the mutual
recognition of other member state licenses;
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new text begin (2) enhance the states' ability to protect the public's health and safety;
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new text begin (3) encourage the cooperation of member states in regulating multistate practice for
licensed professional counselors;
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new text begin (4) support spouses of relocating active duty military personnel;
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new text begin (5) enhance the exchange of licensure, investigative, and disciplinary information among
member states;
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new text begin (6) allow for the use of telehealth technology to facilitate increased access to professional
counseling services;
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new text begin (7) support the uniformity of professional counseling licensure requirements throughout
the states to promote public safety and public health benefits;
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new text begin (8) invest all member states with the authority to hold a licensed professional counselor
accountable for meeting all state practice laws in the state in which the client is located at
the time care is rendered through the mutual recognition of member state licenses;
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new text begin (9) eliminate the necessity for licenses in multiple states; and
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new text begin (10) provide opportunities for interstate practice by licensed professional counselors
who meet uniform licensure requirements.
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new text begin ARTICLE II
new text end new text begin DEFINITIONS
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new text begin (a) As used in this compact, and except as otherwise provided, the following definitions
shall apply.
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new text begin (b) "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 United States Code, title 10, chapters 1209 and 1211.
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new text begin (c) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing board or other authority against
a licensed professional counselor, including actions against an individual's license or privilege
to practice such as revocation, suspension, probation, monitoring of the licensee, limitation
on the licensee's practice, or any other encumbrance on licensure affecting a licensed
professional counselor's authorization to practice, including issuance of a cease and desist
action.
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new text begin (d) "Alternative program" means a non-disciplinary monitoring or practice remediation
process approved by a professional counseling licensing board to address impaired
practitioners.
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new text begin (e) "Continuing competence" and "continuing 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.
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new text begin (f) "Counseling compact commission" or "commission" means the national administrative
body whose membership consists of all states that have enacted the compact.
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new text begin (g) "Current significant investigative information" means:
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new text begin (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
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new text begin (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.
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new text begin (h) "Data system" means a repository of information about licensees, including but not
limited to continuing education, examination, licensure, investigative, privilege to practice,
and adverse action information.
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new text begin (i) "Encumbered license" means a license in which an adverse action restricts the practice
of licensed professional counseling by the licensee and said adverse action has been reported
to the National Practitioners Data Bank (NPDB).
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new text begin (j) "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of licensed professional counseling by a licensing board.
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new text begin (k) "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.
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new text begin (l) "Home state" means the member state that is the licensee's primary state of residence.
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new text begin (m) "Impaired practitioner" means an individual who has a condition that may impair
their ability to practice as a licensed professional counselor without some type of intervention
and may include but is not limited to alcohol and drug dependence, mental health impairment,
and neurological or physical impairment.
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new text begin (n) "Investigative information" means information, records, and documents received or
generated by a professional counseling licensing board pursuant to an investigation.
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new text begin (o) "Jurisprudence requirement," if required by a member state, means the assessment
of an individual's knowledge of the laws and rules governing the practice of professional
counseling in a state.
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new text begin (p) "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.
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new text begin (q) "Licensee" means an individual who currently holds an authorization from the state
to practice as a licensed professional counselor.
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new text begin (r) "Licensing board" means the agency of a state, or equivalent, that is responsible for
the licensing and regulation of licensed professional counselors.
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new text begin (s) "Member state" means a state that has enacted the compact.
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new text begin (t) "Privilege to practice" means a legal authorization, which is equivalent to a license,
permitting the practice of professional counseling in a remote state.
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new text begin (u) "Professional counseling" means the assessment, diagnosis, and treatment of
behav