83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3351
Sponsored by Representative DIEHL; Representatives JAVADI, MCINTIRE
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes Oregon join a compact to let counselors from other states work in
Oregon. (Flesch Readability Score: 63.6).
Enacts the interstate Counseling Compact. Allows the Oregon Board of Licensed Professional
Counselors and Therapists to disclose specified information to the Counseling Compact Commission.
Exempts individuals authorized to work as professional counselors under the Compact privilege to
practice from the requirement to obtain a license from the board. Allows the board to use moneys
to meet financial obligations imposed on the State of Oregon as a result of participation in the
Compact.
Becomes operative on January 1, 2028.
Takes effect on the 91st day following adjournment sine die.
1 A BILL FOR AN ACT
2 Relating to a counseling licensure compact; creating new provisions; amending ORS 675.805, 675.825
3 and 676.177; and prescribing an effective date.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. The provisions of the Counseling Compact are as follows:
6
7
8 COUNSELING COMPACT
9 SECTION 1. PURPOSE
10 The purpose of this Compact is to facilitate the interstate practice of licensed profes-
11 sional counselors with the goal of improving public access to professional counseling ser-
12 vices. The practice of professional counseling occurs in the state where the client is located
13 at the time of the counseling services. This Compact preserves the regulatory authority of
14 states to protect public health and safety through the current system of state licensure.
15 This Compact is designed to achieve the following objectives:
16 A. Increase public access to professional counseling services by providing for the mutual
17 recognition of other member state licenses;
18 B. Enhance the states’ ability to protect the public’s health and safety;
19 C. Encourage the cooperation of member states in regulating multistate practice for li-
20 censed professional counselors;
21 D. Support spouses of relocating active duty military personnel;
22 E. Enhance the exchange of licensure, investigative and disciplinary information among
23 member states;
24 F. Allow for the use of telehealth technology to facilitate increased access to professional
25 counseling services;
26 G. Support the uniformity of professional counseling licensure requirements throughout
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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1 the states to promote public safety and public health benefits;
2 H. Invest all member states with the authority to hold a licensed professional counselor
3 accountable for meeting all state practice laws in the state in which the client is located at
4 the time care is rendered through the mutual recognition of member state licenses;
5 I. Eliminate the necessity for licenses in multiple states; and
6 J. Provide opportunities for interstate practice by licensed professional counselors who
7 meet uniform licensure requirements.
8 SECTION 2. DEFINITIONS
9 As used in this Compact, and except as otherwise provided, the following definitions shall
10 apply:
11 A. “Active duty military” means full-time duty status in the active uniformed services
12 of the United States, including members of the National Guard and Reserve on active duty
13 orders pursuant to 10 U.S.C. chapters 1209 and 1211.
14 B. “Adverse action” means any administrative, civil, equitable or criminal action per-
15 mitted by a state’s laws which is imposed by a licensing board or another authority against
16 a licensed professional counselor, including actions against an individual’s license or privilege
17 to practice such as revocation, suspension, probation or monitoring of the licensee, limita-
18 tion on the licensee’s practice or any other encumbrance on licensure affecting a licensed
19 professional counselor’s authorization to practice, including issuance of a cease and desist
20 action.
21 C. “Alternative program” means a nondisciplinary monitoring or practice remediation
22 process approved by a professional counseling licensing board to address impaired practi-
23 tioners.
24 D. “Continuing competence/education” means a requirement, as a condition of license
25 renewal, to provide evidence of participation in, or completion of, educational and profes-
26 sional activities relevant to a practice or an area of work.
27 E. “Counseling Compact Commission” or “Commission” means the national administra-
28 tive body whose membership consists of all states that have enacted this Compact.
29 F. “Current significant investigative information” means:
30 1. Investigative information that a licensing board, after a preliminary inquiry that in-
31 cludes notification and an opportunity for the licensed professional counselor to respond if
32 required by state law, has reason to believe is not groundless and, if proved true, would in-
33 dicate more than a minor infraction; or
34 2. Investigative information that indicates that the licensed professional counselor re-
35 presents an immediate threat to public health and safety regardless of whether the licensed
36 professional counselor has been notified and had an opportunity to respond.
37 G. “Data system” means a repository of information about licensees, including but not
38 limited to, continuing education, examination, licensure, investigative, privilege-to-practice
39 and adverse action information.
40 H. “Encumbered license” means a license in which an adverse action restricts the prac-
41 tice of licensed professional counseling by the licensee and said adverse action has been re-
42 ported to the National Practitioner Data Bank (NPDB).
43 I. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and
44 unrestricted practice of licensed professional counseling by a licensing board.
45 J. “Executive committee” means a group of directors elected or appointed to act on be-
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1 half of, and within the powers granted to them by, the Commission.
2 K. “Home state” means the member state that is the licensee’s primary state of resi-
3 dence.
4 L. “Impaired practitioner” means an individual who has a condition that may impair their
5 ability to practice as a licensed professional counselor without some type of intervention,
6 including, but not limited to, alcohol and drug dependence, mental health impairment and
7 neurological or physical impairments.
8 M. “Investigative information” means information, records and documents received or
9 generated by a professional counseling licensing board pursuant to an investigation.
10 N. “Jurisprudence requirement,” if required by a member state, means the assessment
11 of an individual’s knowledge of the laws and rules governing the practice of professional
12 counseling in a state.
13 O. “Licensed professional counselor” means a counselor licensed by a member state, re-
14 gardless of the title used by that state, to independently assess, diagnose and treat behav-
15 ioral health conditions.
16 P. “Licensee” means an individual who currently holds an authorization from a state to
17 practice as a licensed professional counselor.
18 Q. “Licensing board” means the agency of a state, or equivalent, that is responsible for
19 the licensing and regulation of licensed professional counselors.
20 R. “Member state” means a state that has enacted this Compact.
21 S. “Privilege to practice” means a legal authorization, which is equivalent to a license,
22 permitting the practice of professional counseling in a remote state.
23 T. “Professional counseling” means the assessment, diagnosis and treatment of behav-
24 ioral health conditions by a licensed professional counselor.
25 U. “Remote state” means a member state other than the home state where a licensee is
26 exercising or seeking to exercise the privilege to practice.
27 V. “Rule” means a regulation promulgated by the Commission that has the force of law,
28 subject to Section 11 (B)(2) of this Compact.
29 W. “Single-state license” means a licensed professional counselor license issued by a
30 member state that authorizes practice only within the issuing state and does not include a
31 privilege to practice in any other member state.
32 X. “State” means any state, commonwealth, district or territory of the United States
33 that regulates the practice of professional counseling.
34 Y. “Telehealth” means the application of telecommunication technology to deliver pro-
35 fessional counseling services remotely to assess, diagnose and treat behavioral health con-
36 ditions.
37 Z. “Unencumbered license” means a license that authorizes a licensed professional
38 counselor to engage in the full and unrestricted practice of professional counseling.
39 SECTION 3. STATE PARTICIPATION IN THIS COMPACT
40 A. To participate in this Compact, a state must currently:
41 1. License and regulate licensed professional counselors;
42 2.a. Subject to subparagraph b of this paragraph, require licensees to pass a nationally
43 recognized exam approved by the Commission;
44 b. The Oregon Board of Licensed Professional Counselors and Therapists may approve
45 one or more nationally recognized exams for purposes of meeting the requirements of this
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1 Compact. A licensee is required to pass an exam only if the exam is approved by the board;
2 3. Require licensees to have a 60 semester-hour, or 90 quarter-hour, master’s degree in
3 counseling or 60 semester-hours, or 90 quarter-hours, of graduate course work including the
4 following topic areas:
5 a. Professional counseling orientation and ethical practice;
6 b. Social and cultural diversity;
7 c. Human growth and development;
8 d. Career development;
9 e. Counseling and helping relationships;
10 f. Group counseling and group work;
11 g. Diagnosis and treatment, assessment and testing;
12 h. Research and program evaluation; and
13 i. Other areas as determined by the Commission;
14 4. Require licensees to complete a supervised post-graduate professional experience as
15 defined by the Commission and approved by the board; and
16 5. Have a mechanism in place for receiving and investigating complaints about licensees.
17 B. A member state shall:
18 1. Participate fully in the Commission’s data system, including using the Commission’s
19 unique identifier as defined in the rules of the Commission;
20 2. Notify the Commission, in compliance with the terms of this Compact and rules, of any
21 adverse action or the availability of investigative information regarding a licensee;
22 3. Implement or utilize procedures for considering the criminal history records of appli-
23 cants for an initial privilege to practice. These procedures shall include the submission of
24 fingerprints or other biometric-based information by applicants for the purpose of obtaining
25 an applicant’s criminal history record information from the Federal Bureau of Investigation
26 and the agency responsible for retaining that state’s criminal records. A criminal records
27 check requested by the board and performed in accordance with ORS 181A.195 meets the
28 requirements of this paragraph;
29 a. A member state must fully implement a criminal background check requirement,
30 within a time frame established by rule, by receiving the results of the Federal Bureau of
31 Investigation record search and shall use the results in making licensure decisions;
32 b. Communication between a member state and the Commission and among member
33 states regarding the verification of eligibility for licensure through this Compact may not
34 include any information received from the Federal Bureau of Investigation relating to a
35 federal criminal records check performed by a member state under Public Law 92-544 or ORS
36 181A.195;
37 4. Subject to Section 11 (B)(2) of this Compact, comply with the rules of the Commission;
38 5. Require an applicant to obtain or retain a license in the home state and meet the home
39 state’s qualifications for licensure or renewal of licensure, as well as all other applicable
40 state laws;
41 6. Grant the privilege to practice to a licensee holding a valid unencumbered license in
42 another member state in accordance with the terms of this Compact and rules; and
43 7. Provide for the attendance of the state’s commissioner to the Counseling Compact
44 Commission meetings.
45 C. Member states may charge a fee for granting the privilege to practice.
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1 D. Individuals not residing in a member state shall continue to be able to apply for a
2 member state’s single-state license as provided under the laws of each member state. How-
3 ever, the single-state license granted to these individuals shall not be recognized as granting
4 a privilege to practice professional counseling in any other member state.
5 E. Nothing in this Compact shall affect the requirements established by a member state
6 for the issuance of a single-state license.
7 F. A license issued to a licensed professional counselor by a home state to a resident of
8 that state shall be recognized by each member state as authorizing a licensed professional
9 counselor to practice professional counseling, under a privilege to practice, in each member
10 state.
11 SECTION 4. PRIVILEGE TO PRACTICE
12 A. To exercise the privilege to practice under the terms and provisions of this Compact,
13 the licensee shall:
14 1. Hold a license in the home state;
15 2. Have a valid United States Social Security number or National Practitioner Identifier
16 number;
17 3. Be eligible for a privilege to practice in any member state in accordance with Section
18 4 (D), (G) and (H) of this Compact;
19 4. Have not had any encumbrance or restriction against any license or privilege to prac-
20 tice within the previous two years;
21 5. Notify the Commission that the licensee is seeking the privilege to practice within a
22 remote state;
23 6. Pay any applicable fees, including any state fee, for the privilege to practice;
24 7. Meet any continuing competence/education requirements established by the home
25 state;
26 8. Meet any jurisprudence requirements established by the remote state in which the
27 licensee is seeking a privilege to practice; and
28 9. Report to the Commission any adverse action or other encumbrance or restriction on
29 a license taken by any nonmember state within 30 days from the date the action is taken.
30 B. The privilege to practice is valid until the expiration date of the home state license.
31 The licensee must comply with the requirements of Section 4 (A) of this Compact to maintain
32 the privilege to practice in the remote state.
33 C. A licensee providing professional counseling in a remote state under the privilege to
34 practice shall adhere to the laws and regulations of the remote state.
35 D. A licensee providing professional counseling services in a remote state is subject to
36 that state’s regulatory authority. A remote state may, in accordance with due process and
37 that state’s laws, remove a licensee’s privilege to practice in the remote state for a specific
38 period of time, impose fines and take any other necessary actions to protect the health and
39 safety of its citizens. The licensee may be ineligible for a privilege to practice in any member
40 state until the specific time for removal has passed and all fines are paid.
41 E. If a home state license is encumbered, the licensee shall lose the privilege to practice
42 in any remote state until the following occur:
43 1. The home state license is no longer encumbered; and
44 2. The licensee has not had any encumbrance or restriction against any license or privi-
45 lege to practice within the previous two years.
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1 F. Once an encumbered license in the home state is restored to good standing, the
2 licensee must meet the requirements of Section 4 (A) of this Compact to obtain a privilege
3 to practice in any remote state.
4 G. If a licensee’s privilege to practice in any remote state is removed, the individual may
5 lose the privilege to practice in all other remote states until the following occur:
6 1. The specific period of time for which the privilege to practice was removed has ended;
7 2. All fines have been paid; and
8 3. The licensee has not had any encumbrance or restriction against any license or privi-
9 lege to practice within the previous two years.
10 H. Once