Bill Summary – FastDemocracy

 ____________________________                              _______________________________

 Councilmember Charles Allen                                 Councilmember Vincent C. Gray

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 Councilmember Christina Henderson                           Councilmember Matthew Frumin

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                                            A BILL

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           IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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                                             A BILL

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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 To authorize the Mayor to execute, on behalf of the District of Columbia, a Counseling Compact

        for the purpose of increasing access to licensed professional counseling, establish

        requirements for states to conduct and report adverse actions and the consequences for

        licensed professional counselors receiving adverse action, provide for additional authority

        in a compact state’s regulatory authority, require all compact states to share licensee

        information with other compact states, create a coordinated database on participating

        compact licensed professional counselors, establish the Counseling Compact

        Commission, provide for oversight and enforcement of the compact by participating

        states, and to provide that the compact shall become effective on the date of enactment.

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        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the “Counseling Compact Approval Act of 2023”.

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        Sec. 2. Purpose.

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        The Mayor shall enter into and execute on behalf of the District the Counseling Compact

 with any state legally joining therein, in the form substantially as follows:

        “Sec. 2. Purpose.

        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 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.

        Sec. 3. 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 31 United States, including members of the National Guard and Reserve on active duty

 orders pursuant to 10 U.S.C. Chapters 1209 and 1211. 33.

        (b) “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.

        (c) “Alternative Program” means a non-disciplinary monitoring or practice remediation

 process approved by a Professional Counseling Licensing Board to address Impaired

 Practitioners.

        (d) “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.

        (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, but not

 limited to, 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 said Adverse Action has been

 reported to the National Practitioners Data Bank (NPDB).

        (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(s) 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.

        (m) “Investigative Information” means information, records, and documents received or

 generated by a Professional Counseling 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 of

 America 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 100 health

 conditions.

        (z) “Unencumbered License” means a license that authorizes a Licensed Professional

 Counselor to engage in the full and unrestricted practice of Professional Counseling.

        Sec. 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;

                (3) Require Licensees to have a 60 semester-hour (or 90 quarter-hour) master’s

 degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate 110 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;

                (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.

          Sec. 4. Privilege to practice.

          (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

 Section 4(d), (g) and (h);

                (4) Have not had any Encumbrance or restriction against any license or Privilege

 to Practice within the previous two (2) years;

                (5) Notify the Commission that the Licensee is seeking the Privilege to Practice

 within a Remote State(s);

                (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(s) in

 which the Licensee is seeking a Privilege to Practice; and

                (9) Report to the Commission any Adverse Action, Encumbrance, or restriction

 on license taken by any non-Member State within 30 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 Section 4(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 189 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 (2) years.

        (f) Once an Encumbered License in the Home State is restored to good standing, the

 Licensee must meet the requirements of Section 4(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 (2) years.

        (h) Once the requirements of Section 4(g) have been met, the Licensee must meet the

 requirements in Section 4(a) to obtain a Privilege to Practice in a Remote State.

        Sec. 5. Obtaining a new home state license based on a privilege to practice.

        (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 4 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)