(A189, R187, S610)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PROFESSIONAL COUNSELING COMPACT ACT" BY ADDING ARTICLE 6 TO CHAPTER 75, TITLE 40 SO AS TO PROVIDE THE PURPOSE, FUNCTIONS, OPERATIONS, AND DEFINITIONS FOR THE COMPACT; AND BY AMENDING SECTION 40-75-220, RELATING TO PROFESSIONAL COUNSELOR LICENSURE REQUIREMENTS, SO AS TO REQUIRE CERTAIN CRIMINAL BACKGROUND CHECKS.
Be it enacted by the General Assembly of the State of South Carolina:
Citation
SECTION 1. This act may be cited as the "Professional Counseling Compact Act".
Professional Counseling Compact
SECTION 2. Chapter 75, Title 40 of the S.C. Code is amended by adding:
Section 40-75-910. (A) 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 the states to protect public health and safety through the current system of state licensure.
(B) This compact is designed to achieve the following objectives:
(1) increase public access to professional counseling services by providing for the mutual recognition of other member-state licenses;
(2) enhance the states' ability to protect the public's health and safety;
(3) encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;
(4) support spouses of relocating active duty military personnel;
(5) enhance the exchange of licensure, investigative, and disciplinary information among member states;
(6) allow for the use of telehealth technology to facilitate increased access to professional counseling services;
(7) support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;
(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 of care is rendered through the mutual recognition of member-state licenses;
(9) eliminate the necessity for licenses in multiple states; and
(10) provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
Section 40-75-920. As used in this compact, and except as otherwise provided, the following definitions shall apply:
(1) "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.
(2) "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.
(3) "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
(4) "Continuing competence/education" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
(5) "Counseling compact commission or commission" means the national administrative body whose membership consists of all states that have enacted the compact.
(6) "Current significant investigative information" means:
(a) 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
(b) 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 the opportunity to respond.
(7) "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.
(8) "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).
(9) "Encumbrance" means a revocation of, suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.
(10) "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.
(11) "Home state" means the member state that is the licensee's primary state of residence.
(12) "Impaired practitioner" means an individual who has conditions that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
(13) "Investigative information" means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.
(14) "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 the state.
(15) "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.
(16) "Licensee" means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.
(17) "Licensing board" means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.
(18) "Member state" means a state that has enacted the compact.
(19) "Privilege to practice" means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.
(20) "Professional counseling" means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.
(21) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.
(22) "Rule" means a regulation promulgated by the commission that has the force of law.
(23) "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.
(24) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling.
(25) "Telehealth" means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.
(26) "Unencumbered license" means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.
Section 40-75-930. (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;
(3) require licensees to have a sixty semester hours (or ninety quarter hours) master's degree in counseling or sixty semester hours (or ninety quarter hours) of graduate coursework 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. These procedures shall include 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;
(a) a member state must fully implement 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;
(b) 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 recognized as granting a privilege to practice professional counseling in any other member state.
(E) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(F) A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.
Section 40-75-940. (A) To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall:
(1) hold a license in the home state;
(2) have a valid United States social security number or national practitioner identifier;
(3) be eligible for a privilege to practice in any member state in accordance with subsections (D), (G), and (H);
(4) have not had any encumbrance or restriction against any license or privilege to practice within the previous two years;
(5) notify the commission that the licensee is seeking the privilege to practice within a remote state;
(6) pay any applicable fees, including any state fee, for the privilege to practice;
(7) meet any continuing competence/education requirements established by the home state;
(8) meet any jurisprudence requirements established by the remote state in which the licensee is seeking a privilege to practice; and
(9) report to the commission any adverse action, encumbrance, or restriction on a license taken by any nonmember state within thirty days from the date the action is taken.
(B) The privilege to practice is valid until the expiration date of the home-state license. The licensee must comply with the requirements of subsection (A) to maintain the privilege to practice in the remote state.
(C) A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
(D) A licensee providing professional counseling services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's privilege to practice in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a privilege to practice in any member state until the specific time for removal has passed and all fines are paid.
(E) If a home-state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:
(1) the home-state license is no longer encumbered; and
(2) have not had any encumbrance or restriction against any license or privilege to practice within the previous two years.
(F) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) to obtain a privilege to practice in any remote state.
(G) If a licensee's privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur:
(1) the specific period of time for which the privilege to practice was removed has ended;
(2) all fines have been paid; and
(3) have not had any encumbrance or restriction against any license or privilege to practice within the previous two years.
(H) Once the requirements of subsection (G) have been met, the licensee must meet the requirements in subsection (A) to obtain a privilege to practice in a remote state.
Section 40-75-950. (A) A licensed professional counselor may hold a home-state license, which allows for a privilege to practice in other member states, in only one member state at a time.
(B) If a licensed professional counselor changes primary state of residence by moving between two member states:
(1) The licensed professional counselor shall file an application for obtaining a new home-state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.
(2) Upon receipt of an application for obtaining a new home-state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in Section 40-75-940 via the data system, without need for primary source verification except for:
(a) a Federal Bureau of Investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544;
(b) other criminal background check as required by the new home state; and
(c) completion of any requisite jurisprudence requirements of the new home state.
(3) The former home-state shall convert the former home-state license into a privilege to practice once the new home state has activated the new home-state license in accordance with applicable rules adopted by the commission.
(4) Notwithstanding any other provision of this compact, if the licensed professional counselor cannot meet the criteria in Section 40-75-940, the new home state may apply its requirements for issuing a new single-state license.
(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home-state license.
(C) If a licensed professional counselor changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.
(D) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states, however for the purposes of this compact, a licensee shall have only one home state license.
(E) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
Section 40-75-960. Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state, or through the process outlined in Section 40-75-950.
Section 40-75-970. (A) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with Section 40-75-930 and under rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
(B) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
Section 40-75-980. (A) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(1) take adverse action against a licensed professional counselor's privilege to practice within that member state;
(2) issue subpoenas for both hearings and investigations that require the attendance and tes