Sponsored by:
Senator JEAN STANFIELD
District 8 (Atlantic, Burlington and Camden)
Co-Sponsored by:
Senators O'Scanlon, Schepisi, A.M.Bucco, Diegnan and Gopal
SYNOPSIS
Enters New Jersey into Counseling Compact.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning counseling services and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The State of New Jersey enacts and enters into the Counseling Compact with all other jurisdictions that legally join the compact in the form substantially as follows:
Section 1. Purpose
The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
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 publics 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 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:
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.
Adverse action means any administrative, civil, equitable, or criminal action permitted by a States laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individuals license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensees practice, or any other encumbrance on licensure affecting a licensed professional counselors authorization to practice, including issuance of a cease and desist action.
Alternative program means a non-disciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
Continuing competence/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.
Counseling compact commission or commission means the national administrative body whose membership consists of all states that have enacted the compact.
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.
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.
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 practitioners data bank.
Encumbrance means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licen