2022 22LSO-0158
STATE OF WYOMING
SENATE FILE NO. SF0054
Licensed professional counselor compact.
Sponsored by: Senator(s) Pappas, Kost, Schuler and Wasserburger and Representative(s) Connolly,
Duncan, Harshman, Kinner and Zwonitzer
A BILL
for
1 AN ACT relating to professions and occupations; entering
2 into a compact with other states to allow licensed
3 professional counselors licensed in one compact state to
4 exercise a multistate licensure privilege in other states
5 that are party to the compact; retaining authority to
6 license counselors only in this state; approving and
7 specifying terms of the compact; making conforming
8 amendments; and providing for an effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 33-38-201 and 33-38-202 are created
13 to read:
14
15 ARTICLE 2
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1 INTERSTATE COMPACT FOR LICENSED PROFESSIONAL COUNSELORS
2
3 33-38-201. Short title.
4
5 This article shall be known and may be cited as the
6 "Interstate Compact for Licensed Professional Counselors."
7
8 33-38-202. Interstate compact for licensed
9 professional counselors.
10
11 The Interstate Compact for Licensed Professional Counselors
12 as contained herein is hereby enacted into law and entered
13 into on behalf of this state with any and all other states
14 legally joining therein in a form substantially as follows:
15
16 SECTION 1.
17 PURPOSE
18
19 The purpose of this Compact is to facilitate interstate
20 practice of Licensed Professional Counselors with the goal
21 of improving public access to Professional Counseling
22 services. The practice of Professional Counseling occurs in
23 the State where the client is located at the time of the
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1 counseling services. The Compact preserves the regulatory
2 authority of States to protect public health and safety
3 through the current system of State licensure. This Compact
4 is designed to achieve the following objectives:
5
6 A. Increase public access to Professional Counseling
7 services by providing for the mutual recognition of other
8 Member State licenses;
9
10 B. Enhance the States' ability to protect the
11 public's health and safety;
12
13 C. Encourage the cooperation of Member States in
14 regulating multistate practice for Licensed Professional
15 Counselors;
16
17 D. Support spouses of relocating Active Duty Military
18 personnel;
19
20 E. Enhance the exchange of licensure, investigative,
21 and disciplinary information among Member States;
22
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1 F. Allow for the use of Telehealth technology to
2 facilitate increased access to Professional Counseling
3 services;
4
5 G. Support the uniformity of Professional Counseling
6 licensure requirements throughout the States to promote
7 public safety and public health benefits;
8
9 H. Invest all Member States with the authority to
10 hold a Licensed Professional Counselor accountable for
11 meeting all State practice laws in the State in which the
12 client is located at the time care is rendered through the
13 mutual recognition of Member State licenses;
14
15 I. Eliminate the necessity for licenses in multiple
16 States; and
17
18 J. Provide opportunities for interstate practice by
19 Licensed Professional Counselors who meet uniform licensure
20 requirements.
21
22 SECTION 2.
23 DEFINITIONS
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1
2 As used in this Compact, and except as otherwise provided,
3 the following definitions shall apply:
4
5 A. "Active Duty Military" means full-time duty status
6 in the active uniformed service of the United States,
7 including members of the National Guard and Reserve on
8 active duty orders pursuant to 10 U.S.C. Chapters 1209 and
9 1211;
10
11 B. "Adverse Action" means any administrative, civil,
12 equitable or criminal action permitted by a State's laws
13 which is imposed by a licensing board or other authority
14 against a Licensed Professional Counselor, including
15 actions against an individual's license or Privilege to
16 Practice such as revocation, suspension, probation,
17 monitoring of the licensee, limitation on the licensee's
18 practice, or any other Encumbrance on licensure affecting a
19 Licensed Professional Counselor's authorization to
20 practice, including issuance of a cease and desist action;
21
22 C. "Alternative Program" means a non-disciplinary
23 monitoring or practice remediation process approved by a
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1 Professional Counseling Licensing Board to address Impaired
2 Practitioners;
3
4 D. "Continuing Competence/Education" means a
5 requirement, as a condition of license renewal, to provide
6 evidence of participation in, and/or completion of,
7 educational and professional activities relevant to
8 practice or area of work;
9
10 E. "Counseling Compact Commission" or "Commission"
11 means the national administrative body whose membership
12 consists of all States that have enacted the Compact;
13
14 F. "Current Significant Investigative Information"
15 means:
16
17 1. Investigative Information that a Licensing
18 Board, after a preliminary inquiry that includes
19 notification and an opportunity for the Licensed
20 Professional Counselor to respond, if required by State
21 law, has reason to believe is not groundless and, if proved
22 true, would indicate more than a minor infraction; or
23
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1 2. Investigative Information that indicates that
2 the Licensed Professional Counselor represents an immediate
3 threat to public health and safety regardless of whether
4 the Licensed Professional Counselor has been notified and
5 had an opportunity to respond.
6
7 G. "Data System" means a repository of information
8 about Licensees, including, but not limited to, continuing
9 education, examination, licensure, investigative, Privilege
10 to Practice and Adverse Action information;
11
12 H. "Encumbered License" means a license in which an
13 Adverse Action restricts the practice of licensed
14 Professional Counseling by the Licensee and said Adverse
15 Action has been reported to the National Practitioners Data
16 Bank (NPDB);
17
18 I. "Encumbrance" means a revocation or suspension of,
19 or any limitation on, the full and unrestricted practice of
20 Licensed Professional Counseling by a Licensing Board;
21
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1 J. "Executive Committee" means a group of directors
2 elected or appointed to act on behalf of, and within the
3 powers granted to them by, the Commission;
4
5 K. "Home State" means the Member State that is the
6 Licensee's primary State of residence;
7
8 L. "Impaired Practitioner" means an individual who
9 has a condition(s) that may impair their ability to
10 practice as a Licensed Professional Counselor without some
11 type of intervention and may include, but are not limited
12 to, alcohol and drug dependence, mental health impairment,
13 and neurological or physical impairments;
14
15 M. "Investigative Information" means information,
16 records, and documents received or generated by a
17 Professional Counseling Licensing Board pursuant to an
18 investigation;
19
20 N. "Jurisprudence Requirement" if required by a
21 Member State, means the assessment of an individual's
22 knowledge of the laws and Rules governing the practice of
23 Professional Counseling in a State;
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1
2 O. "Licensed Professional Counselor" means a
3 counselor licensed by a Member State, regardless of the
4 title used by that State, to independently assess,
5 diagnose, and treat behavioral health conditions;
6
7 P. "Licensee" means an individual who currently holds
8 an authorization from the State to practice as a Licensed
9 Professional Counselor;
10
11 Q. "Licensing Board" means the agency of a State, or
12 equivalent, that is responsible for the licensing and
13 regulation of Licensed Professional Counselors;
14
15 R. "Member State" means a State that has enacted the
16 Compact;
17
18 S. "Privilege to Practice" means a legal
19 authorization, which is equivalent to a license, permitting
20 the practice of Professional Counseling in a Remote State;
21
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1 T. "Professional Counseling" means the assessment,
2 diagnosis, and treatment of behavioral health conditions by
3 a Licensed Professional Counselor;
4
5 U. "Remote State" means a Member State other than the
6 Home State, where a Licensee is exercising or seeking to
7 exercise the Privilege to Practice;
8
9 V. "Rule" means a regulation promulgated by the
10 Commission that has the force of law;
11
12 W. "Single State License" means a Licensed
13 Professional Counselor license issued by a Member State
14 that authorizes practice only within the issuing State and
15 does not include a Privilege to Practice in any other
16 Member State;
17
18 X. "State" means any state, commonwealth, district,
19 or territory of the United States of America that regulates
20 the practice of Professional Counseling;
21
22 Y. "Telehealth" means the application of
23 telecommunication technology to deliver Professional
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1 Counseling services remotely to assess, diagnose, and treat
2 behavioral health conditions;
3
4 Z. "Unencumbered License" means a license that
5 authorizes a Licensed Professional Counselor to engage in
6 the full and unrestricted practice of Professional
7 Counseling.
8
9 SECTION 3.
10 STATE PARTICIPATION IN THE COMPACT
11
12 A. To Participate in the Compact, a State must
13 currently:
14
15 1. License and regulate Licensed Professional
16 Counselors;
17
18 2. Require Licensees to pass a nationally
19 recognized exam approved by the Commission;
20
21 3. Require Licensees to have a 60 semester-hour
22 (or 90 quarter-hour) master's degree in counseling or 60
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1 semester-hours (or 90 quarter-hours) of graduate course
2 work including the following topic areas:
3
4 a. Professional Counseling Orientation and
5 Ethical Practice;
6
7 b. Social and Cultural Diversity;
8
9 c. Human Growth and Development;
10
11 d. Career Development;
12
13 e. Counseling and Helping Relationships;
14
15 f. Group Counseling and Group Work;
16
17 g. Diagnosis and Treatment; Assessment and
18 Testing;
19
20 h. Research and Program Evaluation; and
21
22 i. Other areas as determined by the
23 Commission.
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1
2 4. Require Licensees to complete a supervised
3 postgraduate professional experience as defined by the
4 Commission;
5
6 5. Have a mechanism in place for receiving and
7 investigating complaints about Licensees.
8
9 B. A Member State shall:
10
11 1. Participate fully in the Commission's Data
12 System, including using the Commission's unique identifier
13 as defined in Rules;
14
15 2. Notify the Commission, in compliance with the
16 terms of the Compact and Rules, of any Adverse Action or
17 the availability of Investigative Information regarding a
18 Licensee;
19
20 3. Implement or utilize procedures for
21 considering the criminal history records of applicants for
22 an initial Privilege to Practice. These procedures shall
23 include the submission of fingerprints or other
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1 biometric-based information by applicants for the purpose
2 of obtaining an applicant's criminal history record
3 information from the Federal Bureau of Investigation and
4 the agency responsible for retaining that State's criminal
5 records:
6
7 a. A member state must fully implement a
8 criminal background check requirement, within a time frame
9 established by rule, by receiving the results of the
10 Federal Bureau of Investigation record search and shall use
11 the results in making licensure decisions;
12
13 b. Communication between a Member State,
14 the Commission and among Member States regarding the
15 verification of eligibility for licensure through the
16 Compact shall not include any information received from the
17 Federal Bureau of Investigation relating to a federal
18 criminal records check performed by a Member State under
19 Public Law 92-544.
20
21 4. Comply with the Rules of the Commission;
22
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1 5. Require an applicant to obtain or retain a
2 license in the Home State and meet the Home State's
3 qualifications for licensure or renewal of licensure, as
4 well as all other applicable State laws;
5
6 6. Grant the Privilege to Practice to a Licensee
7 holding a valid Unencumbered License in another Member
8 State in accordance with the terms of the Compact and
9 Rules; and
10
11 7. Provide for the attendance of the State's
12 commissioner to the Counseling Compact Commission meetings.
13
14 C. Member States may charge a fee for granting the
15 Privilege to Practice.
16
17 D. Individuals not residing in a Member State shall
18 continue to be able to apply for a Member State's Single
19 State License as provided under the laws of each Member
20 State. However, the Single State License granted to these
21 individuals shall not be recognized as granting a Privilege
22 to Practice Professional Counseling in any other Member
23 State.
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1
2 E. Nothing in this Compact shall affect the
3 requirements established by a Member State for the issuance
4 of a Single State License.
5
6 F. A license issued to a Licensed Professional
7 Counselor by a Ho