SENATE BILL 98

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Antonio Maestas

 

 

 

 

 

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 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 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;

          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, 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 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;

          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:

                     (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 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 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 rec