ENROLLED ORIGINAL
AN ACT
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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 purposes of increasing access to licensed professional counseling, establishing
standardized requirements to conduct and report adverse actions and consequences for
licensed professional counselors receiving adverse actions, providing additional
regulatory authority, requiring the District to share licensee information with other
compact states, creating a coordinated database with other compact states cataloging
licensed professional counselors, establishing the Counseling Compact Commission,
providing for oversight and enforcement of the compact by participating states, and
establishing the manner by which the compact shall become effective.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Counseling Compact Approval Act of 2024”.
Sec. 2. 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:
PREAMBLE
(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 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;
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(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 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.
Sec. 3. Definitions.
For purposes of this act, the term:
(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. §§ 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 non-disciplinary monitoring or practice
remediation process approved by a professional counseling licensing board to address impaired
practitioners.
(4) “Continuing competence” or “continuing education” means a requirement, as
a condition of license renewal, to provide evidence of participation in, 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 an opportunity to respond.
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(7) “Data system” means a repository of information about licensees, including
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 in which the adverse action has
been reported to the National Practitioners Data Bank.
(9) “Encumbrance” means a revocation or 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 a condition that may
impair their ability to practice as a licensed professional counselor without some type of
intervention, including alcohol and drug dependence, a mental health impairment, or a
neurological or physical impairment.
(13) “Investigative information” means information, records, and documents
received or generated by a professional counseling licensing board pursuant to an investigation.
(14) “Jurisprudence requirement” means, if required by a member state, 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 professional 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.
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(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.
Sec. 4. 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 course work,
including in 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, and assessment and testing;
(H) Research and program evaluation; or
(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)(A) Implement or utilize procedures for considering the criminal history
records of applicants for an initial privilege to practice, which 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.
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(B) A member state shall 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 using the results in making licensure decisions.
(C) 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; provided,
that 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. 5. 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
subsections (d), (g), and (h) of this section;
(4) Have not had any encumbrance or restriction against any license or privilege
to practice within the previous 2 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;
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(7) Meet any continuing competence or continuing 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 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;
provided, that the licensee shall comply with the requirements of subsection (a) of this section 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, 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 occurs:
(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 2 years.
(f) Once an encumbered license in the home state is restored to good standing, the
licensee shall meet the requirements of subsection (a) of this section 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 2 years.
(h) Once the requirements of subsection (g) of this section have been met, the licensee
shall meet the requirements in subsection (a) of this section to obtain a privilege to practice in a
remote state.
Sec. 6. 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.
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(b)(1) If a licensed professional counselor changes their primary state of residence by
moving between 2 member states, 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 5 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) Any 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 set forth in section 5, the new home state may
apply its requirements for issuing a new single state license.
(5) The licensed professional