PRINTER'S NO. 675
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 668
Session of
2025
INTRODUCED BY O'MARA, BRENNAN, PIELLI, SANCHEZ, HANBIDGE, HILL-
EVANS, CIRESI, GUENST, HOWARD, DONAHUE, SCHLOSSBERG,
HOHENSTEIN, KHAN, FIEDLER, SHUSTERMAN, FREEMAN, CEPEDA-
FREYTIZ, CERRATO, OTTEN, SMITH-WADE-EL, GREEN, STEELE, CURRY,
MADDEN, BOROWSKI, SAPPEY AND MATZIE, FEBRUARY 20, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 20, 2025
AN ACT
1 Authorizing the Commonwealth of Pennsylvania to join the
2 Counseling Compact; and providing for the form of the
3 compact.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Counseling
8 Compact Legislation Act.
9 Section 2. Authority to execute compact.
10 The Governor, on behalf of the Commonwealth, is hereby
11 authorized to execute a compact in substantially the following
12 form with any one or more of the states of the United States,
13 and the General Assembly hereby signifies in advance its
14 approval and ratification of such compact:
15 COUNSELING COMPACT MODEL LEGISLATION
16 SECTION 1. PURPOSE
1 The purpose of this Compact is to facilitate interstate practice
2 of Licensed Professional Counselors with the goal of improving
3 public access to Professional Counseling services. The practice
4 of Professional Counseling occurs in the State where the client
5 is located at the time of the counseling services. The Compact
6 preserves the regulatory authority of States to protect public
7 health and safety through the current system of State licensure.
8 This Compact is designed to achieve the following objectives:
9 A. Increase public access to Professional Counseling
10 services by providing for the mutual recognition of other Member
11 State licenses;
12 B. Enhance the States' ability to protect the public's
13 health and safety;
14 C. Encourage the cooperation of Member States in regulating
15 multistate practice for Licensed Professional Counselors;
16 D. Support spouses of relocating Active Duty Military
17 personnel;
18 E. Enhance the exchange of licensure, investigative, and
19 disciplinary information among Member States;
20 F. Allow for the use of Telehealth technology to facilitate
21 increased access to Professional Counseling services;
22 G. Support the uniformity of Professional Counseling
23 licensure requirements throughout the States to promote public
24 safety and public health benefits;
25 H. Invest all Member States with the authority to hold a
26 Licensed Professional Counselor accountable for meeting all
27 State practice laws in the State in which the client is located
28 at the time care is rendered through the mutual recognition of
29 Member State licenses;
30 I. Eliminate the necessity for licenses in multiple States;
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1 and
2 J. Provide opportunities for interstate practice by Licensed
3 Professional Counselors who meet uniform licensure requirements.
4 SECTION 2. DEFINITIONS
5 As used in this Compact, and except as otherwise provided, the
6 following definitions shall apply:
7 A. "Active Duty Military" means full-time duty status in the
8 active uniformed service of the United States, including members
9 of the National Guard and Reserve on active duty orders pursuant
10 to 10 U.S.C. Chapters 1209 and 1211.
11 B. "Adverse Action" means any administrative, civil,
12 equitable or criminal action permitted by a State's laws which
13 is imposed by a licensing board or other authority against a
14 Licensed Professional Counselor, including actions against an
15 individual's license or Privilege to Practice such as
16 revocation, suspension, probation, monitoring of the licensee,
17 limitation on the licensee's practice, or any other Encumbrance
18 on licensure affecting a Licensed Professional Counselor's
19 authorization to practice, including issuance of a cease and
20 desist action.
21 C. "Alternative Program" means a non-disciplinary monitoring
22 or practice remediation process approved by a Professional
23 Counseling Licensing Board to address Impaired Practitioners.
24 D. "Continuing Competence/Education" means a requirement, as
25 a condition of license renewal, to provide evidence of
26 participation in, and/or completion of, educational and
27 professional activities relevant to practice or area of work.
28 E. "Counseling Compact Commission" or "Commission" means the
29 national administrative body whose membership consists of all
30 States that have enacted the Compact.
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1 F. "Current Significant Investigative Information" means:
2 1. Investigative Information that a Licensing Board,
3 after a preliminary inquiry that includes notification and an
4 opportunity for the Licensed Professional Counselor to
5 respond, if required by State law, has reason to believe is
6 not groundless and, if proved true, would indicate more than
7 a minor infraction; or
8 2. Investigative Information that indicates that the
9 Licensed Professional Counselor represents an immediate
10 threat to public health and safety regardless of whether the
11 Licensed Professional Counselor has been notified and had an
12 opportunity to respond.
13 G. "Data System" means a repository of information about
14 Licensees, including, but not limited to, continuing education,
15 examination, licensure, investigative, Privilege to Practice and
16 Adverse Action information.
17 H. "Encumbered License" means a license in which an Adverse
18 Action restricts the practice of licensed Professional
19 Counseling by the Licensee and said Adverse Action has been
20 reported to the National Practitioners Data Bank (NPDB).
21 I. "Encumbrance" means a revocation or suspension of, or any
22 limitation on, the full and unrestricted practice of Licensed
23 Professional Counseling by a Licensing Board.
24 J. "Executive Committee" means a group of directors elected
25 or appointed to act on behalf of, and within the powers granted
26 to them by, the Commission.
27 K. "Home State" means the Member State that is the
28 Licensee's primary State of residence.
29 L. "Impaired Practitioner" means an individual who has a
30 condition(s) that may impair their ability to practice as a
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1 Licensed Professional Counselor without some type of
2 intervention and may include, but are not limited to, alcohol
3 and drug dependence, mental health impairment, and neurological
4 or physical impairments.
5 M. "Investigative Information" means information, records,
6 and documents received or generated by a Professional Counseling
7 Licensing Board pursuant to an investigation.
8 N. "Jurisprudence Requirement" if required by a Member
9 State, means the assessment of an individual's knowledge of the
10 laws and Rules governing the practice of Professional Counseling
11 in a State.
12 O. "Licensed Professional Counselor" means a counselor
13 licensed by a Member State, regardless of the title used by that
14 State, to independently assess, diagnose, and treat behavioral
15 health conditions.
16 P. "Licensee" means an individual who currently holds an
17 authorization from the State to practice as a Licensed
18 Professional Counselor.
19 Q. "Licensing Board" means the agency of a State, or
20 equivalent, that is responsible for the licensing and regulation
21 of Licensed Professional Counselors.
22 R. "Member State" means a State that has enacted the
23 Compact.
24 S. "Privilege to Practice" means a legal authorization,
25 which is equivalent to a license, permitting the practice of
26 Professional Counseling in a Remote State.
27 T. "Professional Counseling" means the assessment,
28 diagnosis, and treatment of behavioral health conditions by a
29 Licensed Professional Counselor.
30 U. "Remote State" means a Member State other than the Home
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1 State, where a Licensee is exercising or seeking to exercise the
2 Privilege to Practice.
3 V. "Rule" means a regulation promulgated by the Commission
4 that has the force of law.
5 W. "Single State License" means a Licensed Professional
6 Counselor license issued by a Member State that authorizes
7 practice only within the issuing State and does not include a
8 Privilege to Practice in any other Member State.
9 X. "State" means any state, commonwealth, district, or
10 territory of the United States of America that regulates the
11 practice of Professional Counseling.
12 Y. "Telehealth" means the application of telecommunication
13 technology to deliver Professional Counseling services remotely
14 to assess, diagnose, and treat behavioral health conditions.
15 Z. "Unencumbered License" means a license that authorizes a
16 Licensed Professional Counselor to engage in the full and
17 unrestricted practice of Professional Counseling.
18 SECTION 3. STATE PARTICIPATION IN THE COMPACT
19 A. To Participate in the Compact, a State must currently:
20 1. License and regulate Licensed Professional
21 Counselors;
22 2. Require Licensees to pass a nationally recognized
23 exam approved by the Commission;
24 3. Require Licensees to have a 60 semester-hour (or 90
25 quarter-hour) master's degree in counseling or 60 semester-
26 hours (or 90 quarter-hours) of graduate course work including
27 the following topic areas:
28 a. Professional Counseling Orientation and Ethical
29 Practice;
30 b. Social and Cultural Diversity;
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1 c. Human Growth and Development;
2 d. Career Development;
3 e. Counseling and Helping Relationships;
4 f. Group Counseling and Group Work;
5 g. Diagnosis and Treatment; Assessment and Testing;
6 h. Research and Program Evaluation; and
7 i. Other areas as determined by the Commission.
8 4. Require Licensees to complete a supervised
9 postgraduate professional experience as defined by the
10 Commission;
11 5. Have a mechanism in place for receiving and
12 investigating complaints about Licensees.
13 B. A Member State shall:
14 1. Participate fully in the Commission's Data System,
15 including using the Commission's unique identifier as defined
16 in Rules;
17 2. Notify the Commission, in compliance with the terms
18 of the Compact and Rules, of any Adverse Action or the
19 availability of Investigative Information regarding a
20 Licensee;
21 3. Implement or utilize procedures for considering the
22 criminal history records of applicants for an initial
23 Privilege to Practice. These procedures shall include the
24 submission of fingerprints or other biometric-based
25 information by applicants for the purpose of obtaining an
26 applicant's criminal history record information from the
27 Federal Bureau of Investigation and the agency responsible
28 for retaining that State's criminal records;
29 a. A member state must fully implement a criminal
30 background check requirement, within a time frame
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1 established by rule, by receiving the results of the
2 Federal Bureau of Investigation record search and shall
3 use the results in making licensure decisions.
4 b. Communication between a Member State, the
5 Commission and among Member States regarding the
6 verification of eligibility for licensure through the
7 Compact shall not include any information received from
8 the Federal Bureau of Investigation relating to a federal
9 criminal records check performed by a Member State under
10 Public Law 92-544.
11 4. Comply with the Rules of the Commission;
12 5. Require an applicant to obtain or retain a license in
13 the Home State and meet the Home State's qualifications for
14 licensure or renewal of licensure, as well as all other
15 applicable State laws;
16 6. Grant the Privilege to Practice to a Licensee holding
17 a valid Unencumbered License in another Member State in
18 accordance with the terms of the Compact and Rules; and
19 7. Provide for the attendance of the State's
20 commissioner to the Counseling Compact Commission meetings.
21 C. Member States may charge a fee for granting the Privilege
22 to Practice.
23 D. Individuals not residing in a Member State shall continue
24 to be able to apply for a Member State's Single State License as
25 provided under the laws of each Member State. However, the
26 Single State License granted to these individuals shall not be
27 recognized as granting a Privilege to Practice Professional
28 Counseling in any other Member State.
29 E. Nothing in this Compact shall affect the requirements
30 established by a Member State for the issuance of a Single State
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1 License.
2 F. A license issued to a Licensed Professional Counselor by
3 a Home State to a resident in that State shall be recognized by
4 each Member State as authorizing a Licensed Professional
5 Counselor to practice Professional Counseling, under a Privilege
6 to Practice, in each Member State.
7 SECTION 4. PRIVILEGE TO PRACTICE
8 A. To exercise the Privilege to Practice under the terms and
9 provisions of the Compact, the Licensee shall:
10 1. Hold a license in the Home State;
11 2. Have a valid United States Social Security Number or
12 National Practitioner Identifier;
13 3. Be eligible for a Privilege to Practice in any Member
14 State in accordance with Section 4(D), (G) and (H);
15 4. Have not had any Encumbrance or restriction against
16 any license or Privilege to Practice within the previous two
17 (2) years;
18 5. Notify the Commission that the Licensee is seeking
19 the Privilege to Practice within a Remote State(s);
20 6. Pay any applicable fees, including any State fee, for
21 the Privilege to Practice;
22 7. Meet any Continuing Competence/Education requirements
23 established by the Home State;
24 8. Meet any Jurisprudence Requirements established by
25 the Remote State(s) in which the Licensee is seeking a
26 Privilege to Practice; and
27 9. Report to the Commission any Adverse Action,
28 Encumbrance, or restriction on license taken by any non-
29 Member State within 30 days from the date the action is
30 taken.
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1 B. The Privilege to Practice is valid until the expiration
2 date of the Home State license. The Licensee must comply with
3 the requirements of Section 4(A) to maintain the Privilege to
4 Practice in the Remote State.
5 C. A Licensee providing Professional Counseling in a Remote
6 State under the Privilege to Practice shall adhere to the laws
7 and regulations of the Remote State.
8 D. A Licensee providing Professional Counseling services in
9 a Remote State is subject to that State's regulatory authority.
10 A Remote State may, in accordance with due process and that
11 State's laws, remove a Licensee's Privilege to Practice in the
12 Remote State for a specific period of time, impose fines, and/or
13 take any other necessary actions to protect the health and
14 safety of its citizens. The Licensee may be ineligible for a
15 Privilege to Practice in any Member State until the specific
16 time for removal has passed and all fines are paid.
17 E. If a Home State license is encumbered, the Licensee shall
18 lose the Privilege to Practice in any Remote State until the
19 following occur:
20 1. The Home State license is no longer encumbered; and
21 2. Have not had any Encumbrance or restriction against
22 any license or Privilege to Practice within the previous two
23 (2) years.
24 F. Once an Encumbered License in the Home State is restored
25 to good standing, the Licensee must meet the requirements of
26 Section 4(A) to obtain a Privilege to Practice in any Remote
27 State.
28 G. If a Licensee's Privilege to Practice in any Remote State
29 is removed, the individual may lose the Privilege to Practice in
30 all other Remote States until the following occur:
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1 1. The specific period of time for which the Privilege
2 to Practice was removed has ended;
3 2. All fines have been paid; and
4 3. Have not had any Encumbrance or restriction against
5 any license or Privilege to Practice within the previous two