H.B. 791
GENERAL ASSEMBLY OF NORTH CAROLINA
May 3, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40409-NBf-80
Short Title: Licensed Counselors Interstate Compact. (Public)
Sponsors: Representative Wheatley.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ESTABLISH AND ENTER INTO AN INTERSTATE COMPACT FOR THE
3 PRACTICE OF PROFESSIONAL COUNSELING.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article
6 to read:
7 "Article 24A.
8 "Professional Counseling Licensure Compact.
9 "§ 90-349.1. Purpose.
10 The purpose of this Compact is to facilitate interstate practice of licensed professional
11 counselors with the goal of improving public access to professional counseling services. The
12 practice of professional counseling occurs in the state where the patient or client is located at the
13 time of the counseling services. The Compact preserves the regulatory authority of states to
14 protect public health and safety through the current system of state licensure. This Compact is
15 designed to achieve the following objectives:
16 (1) Increase public access to professional counseling services by providing for the
17 mutual recognition of other member state licenses.
18 (2) Enhance the states' ability to protect the public's health and safety.
19 (3) Encourage the cooperation of member states in regulating multistate licensed
20 professional counselors.
21 (4) Support spouses of relocating active duty military personnel.
22 (5) Enhance the exchange of licensure, investigative, and disciplinary information
23 among member states.
24 (6) Facilitate the use of telehealth technology in order to increase access to
25 professional counseling services.
26 (7) Support the uniformity of professional counseling licensure requirements
27 throughout the states to promote public safety and public health benefits.
28 (8) Invest all member states with the authority to hold a licensed professional
29 counselor accountable for meeting all state practice laws in the state in which
30 the client is located at the time care is rendered through the mutual recognition
31 of member state licenses.
32 (9) Eliminate the necessity for licenses in multiple states.
33 (10) Provide opportunities for interstate practice by licensed professional
34 counselors who meet uniform licensure requirements.
35 "§ 90-349.2. Definitions.
*DRH40409-NBf-80*
 General Assembly Of North Carolina Session 2021
1 As used in this Compact, and except as otherwise provided, the following definitions shall
2 apply:
3 (1) Active duty military. – Full-time duty status in the active uniformed service
4 of the United States, including members of the National Guard and Reserve
5 on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C.
6 Chapter 1211.
7 (2) Adverse action. – Any administrative, civil, equitable, or criminal action
8 permitted by a state's laws which is imposed by a licensing board or other
9 authority against a licensed professional counselor, including actions against
10 an individual's license or privilege to practice, such as revocation, suspension,
11 probation, monitoring of the licensee, limitation on the licensee's practice, or
12 any other encumbrance on licensure affecting a licensed professional
13 counselor's authorization to practice, including issuance of a cease and desist
14 action.
15 (3) Alternative program. – A nondisciplinary monitoring or remediation process
16 approved by a professional counseling licensing board to address impaired
17 practitioners.
18 (4) Continuing competence/education. – A requirement, as a condition of license
19 renewal, to provide evidence of participation in, or completion of, educational
20 and professional activities relevant to practice or area of work.
21 (5) Counseling Compact Commission or Commission. – The national
22 administrative body whose membership consists of all states that have enacted
23 the Compact.
24 (6) Current significant investigative information. – Any of the following:
25 a. Investigative information that a licensing board, after a preliminary
26 inquiry that includes notification and an opportunity for the licensed
27 professional counselor to respond, if required by state law, has reason
28 to believe is not groundless and, if proved true, would indicate more
29 than a minor infraction.
30 b. Investigative information that indicates that the licensed professional
31 counselor represents an immediate threat to public health and safety
32 regardless of whether the licensed professional counselor has been
33 notified and had an opportunity to respond.
34 (7) Data system. – A repository of information about licensees, including, but not
35 limited to, continuing education, examination, licensure, investigative,
36 privilege to practice, and adverse action information.
37 (8) Encumbered license. – A license in which an adverse action restricts the
38 practice of professional counseling by the licensee and said adverse action has
39 been reported to the National Practitioners Data Bank (NPDB).
40 (9) Encumbrance. – A revocation or suspension of, or any limitation on, the full
41 and unrestricted practice of licensed professional counseling by a licensing
42 board.
43 (10) Executive Committee. – A group of directors elected or appointed to act on
44 behalf of, and within the powers granted to them by, the Commission.
45 (11) Home state. – The member state that is the licensee's primary state of
46 residence.
47 (12) Impaired practitioner. – An individual who has a condition that may impair
48 his or her ability to practice as a licensed professional counselor without some
49 type of intervention and may include, but is not limited to, alcohol and drug
50 dependence, mental health impairment, and neurological or physical
51 impairments.
Page 2 DRH40409-NBf-80
 General Assembly Of North Carolina Session 2021
1 (13) Investigative information. – Information, records, or documents received or
2 generated by a professional counseling licensing board pursuant to an
3 investigation.
4 (14) Jurisprudence requirement. – The assessment of an individual's knowledge of
5 the laws and rules governing the practice of professional counseling in a state,
6 if required by a member state.
7 (15) Licensed professional counselor. – A counselor licensed by a member state,
8 regardless of the title used by that state, to independently assess, diagnose, and
9 treat behavioral health conditions.
10 (16) Licensee. – An individual who currently holds an authorization from the state
11 to practice as a licensed professional counselor.
12 (17) Licensing board. – The agency of a state, or equivalent, that is responsible for
13 the licensing and regulation of licensed professional counselors.
14 (18) Member state. – A state that has enacted the Compact.
15 (19) Privilege to practice. – A legal authorization, which is equivalent to a license,
16 permitting the practice of professional counseling in a remote state.
17 (20) Professional counseling. – The assessment, diagnosis, and treatment of
18 behavioral health conditions by a licensed professional counselor.
19 (21) Remote state. – A member state other than the home state where a licensee is
20 exercising or seeking to exercise the privilege to practice.
21 (22) Rule. – A regulation promulgated by the Commission that has the force of
22 law.
23 (23) Single-state license. – A licensed professional counselor license issued by a
24 member state that authorizes practice only within the issuing state and does
25 not include a privilege to practice in any other member state.
26 (24) State. – Any state, commonwealth, district, or territory of the United States of
27 America that regulates the practice of professional counseling.
28 (25) Telehealth. – The application of telecommunication technology to deliver
29 professional counseling services remotely to assess, diagnose, and treat
30 behavioral health conditions.
31 (26) Unencumbered license. – A license that authorizes a licensed professional
32 counselor to engage in the full and unrestricted practice of professional
33 counseling.
34 "§ 90-349.3. State participation in the Compact.
35 (a) To participate in the Compact, a member state must currently do all of the following:
36 (1) License and regulate licensed professional counselors.
37 (2) Require licensees to pass a nationally recognized exam approved by the
38 Commission.
39 (3) Require licensees to have a 60-semester-hour or 90-quarter-hour master's
40 degree in counseling or 60-semester hours or 90-quarter hours of graduate
41 course work, including the following topic areas:
42 a. Professional counseling orientation and ethical practice.
43 b. Social and cultural diversity.
44 c. Human growth and development.
45 d. Career development.
46 e. Counseling and helping relationships.
47 f. Group counseling and group work.
48 g. Diagnosis and treatment; assessment and testing.
49 h. Research and program evaluation.
50 i. Other areas as determined by the Commission.
DRH40409-NBf-80 Page 3
 General Assembly Of North Carolina Session 2021
1 (4) Require licensees to complete a supervised postgraduate professional
2 experience as defined by the Commission.
3 (5) Have a mechanism in place for receiving and investigating complaints about
4 licensees.
5 (b) A member state shall do all of the following:
6 (1) Participate fully in the Commission's data system, including, but not limited
7 to, using the Commission's unique identifier as defined in rules.
8 (2) Notify the Commission, in compliance with the terms of the Compact and
9 rules, of any adverse action or the availability of investigative information
10 regarding a licensee.
11 (3) Implement or utilize procedures for considering the criminal history records
12 of applicants for an initial privilege to practice. These procedures shall include
13 the submission of fingerprints or other biometric-based information by
14 applicants for the purpose of obtaining an applicant's criminal history record
15 information from the Federal Bureau of Investigation and the agency
16 responsible for retaining that state's criminal records. The procedures must
17 comply with the following:
18 a. The member state must fully implement a criminal background check
19 requirement, within a time frame established by rule, by receiving the
20 results of the Federal Bureau of Investigation record search, and shall
21 use the results in making licensure decisions.
22 b. Communication between a member state, the Commission, and among
23 member states regarding the verification of eligibility for licensure
24 through the Compact shall not include any information received from
25 the Federal Bureau of Investigation relating to a federal criminal
26 records check performed by a member state under P.L. 92-544.
27 (4) Comply with the rules of the Commission.
28 (5) Require an applicant to obtain or retain a license in the home state and meet
29 the home state's qualifications for licensure or renewal of licensure, as well as
30 all other applicable state laws.
31 (6) Grant the privilege to practice to a licensee holding a valid unencumbered
32 license in another member state in accordance with the terms of the Compact
33 and rules.
34 (7) Provide for the attendance of the State's commissioner to the Counseling
35 Compact Commission meetings.
36 (c) Member states may charge a fee for granting a privilege to practice.
37 (d) Individuals not residing in a member state shall continue to be able to apply for a
38 member state's single-state license as provided under the laws of each member state. However,
39 the single-state license granted to these individuals shall not be recognized as granting the
40 privilege to practice professional counseling in any other member state.
41 (e) Nothing in this Compact shall affect the requirements established by a member state
42 for the issuance of a single-state license.
43 (f) A license issued to a licensed professional counselor by a home state to a resident in
44 that state shall be recognized by each member state as authorizing a licensed professional
45 counselor to practice professional counseling, under a privilege to practice, in each member state.
46 "§ 90-349.4. Privilege to practice.
47 (a) To exercise the privilege to practice under the terms and provisions of the Compact,
48 the licensee shall meet all of the following requirements:
49 (1) Hold a license in the home state.
50 (2) Have a valid United States social security number or National Practitioner
51 Identifier.
Page 4 DRH40409-NBf-80
 General Assembly Of North Carolina Session 2021
1 (3) Be eligible for a privilege to practice in any member state in accordance with
2 subsections (d), (g), and (h) of this section.
3 (4) Have not had any encumbrance or restriction against any license or privilege
4 to practice within the previous two years.
5 (5) Notify the Commission that the licensee is seeking the privilege to practice
6 within a remote state.
7 (6) Pay any applicable fee, including any state fee, for the privilege to practice.
8 (7) Meet any continuing competence/education requirements established by the
9 home state.
10 (8) Meet any jurisprudence requirements established by the remote state in which
11 the licensee is seeking a privilege to practice.
12 (9) Report to the Commission any adverse action, encumbrance, or restriction on
13 a license taken by any nonmember state within 30 days from the date the
14 action is taken.
15 (b) The privilege to practice is valid until the expiration date of the home state license.
16 The licensee must comply with the requirements of subsection (a) of this section to maintain the
17 privilege to practice in the remote state.
18 (c) A licensee providing professional counseling in a remote state under the privilege to
19 practice sh