Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 237 First Substitute (2022GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• enacts the Counseling Compact;
• provides rulemaking authority; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

COUNSELING STATE COMPACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Brian S. King
LONG TITLE
General Description:
This bill enacts the Counseling Compact.
Highlighted Provisions:
This bill:
▸ enacts the Counseling Compact;
▸ provides rulemaking authority; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-301.5
, as last amended by Laws of Utah 2020, Chapter 339
58-60-205
, as last amended by Laws of Utah 2020, Chapter 339
58-60-305
, as last amended by Laws of Utah 2020, Chapter 339
58-60-405
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
ENACTS:
58-60-103.1
, Utah Code Annotated 1953
58-60a-101
, Utah Code Annotated 1953
58-60a-102
, Utah Code Annotated 1953
58-60a-103
, Utah Code Annotated 1953
58-60a-104
, Utah Code Annotated 1953
58-60a-105
, Utah Code Annotated 1953
58-60a-106
, Utah Code Annotated 1953
58-60a-107
, Utah Code Annotated 1953
58-60a-108
, Utah Code Annotated 1953
58-60a-109
, Utah Code Annotated 1953
58-60a-110
, Utah Code Annotated 1953
58-60a-111
, Utah Code Annotated 1953
58-60a-112
, Utah Code Annotated 1953
58-60a-113
, Utah Code Annotated 1953
58-60a-114
, Utah Code Annotated 1953
58-60a-115
, Utah Code Annotated 1953
58-60a-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-1-301.5
 is amended to read:
58-1-301.5.
Division access to Bureau of Criminal Identification records.
(1) The division shall have direct access to local files maintained by the Bureau of
Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
for background screening of persons who are applying for licensure, licensure renewal,
licensure reinstatement, or relicensure, as required in:
(a) Section 
58-17b-307
 of [
Title 58,
] Chapter 17b, Pharmacy Practice Act;
(b) Sections 
58-24b-302
 and 
58-24b-302.1
 of [
Title 58,
] Chapter 24b, Physical
Therapy Practice Act;
(c) Section 
58-31b-302
 of [
Title 58,
] Chapter 31b, Nurse Practice Act;
(d) Section 
58-47b-302
 of [
Title 58,
] Chapter 47b, Massage Therapy Practice Act;
(e) Section 
58-55-302
 of [
Title 58,
] Chapter 55, Utah Construction Trades Licensing
Act, as it applies to alarm companies and alarm company agents;
(f) Sections 
58-60-103.1
, 
58-60-205
, 
58-60-305
, and 
58-60-405
, of Chapter 60, Mental
Health Professional Practice Act;
[
(f)
] 
(g)
 Sections 
58-61-304
 and 
58-61-304.1
 of [
Title 58,
] Chapter 61, Psychologist
Licensing Act;
[
(g)
] 
(h)
 Section 
58-63-302
 of [
Title 58,
] Chapter 63, Security Personnel Licensing
Act;
[
(h)
] 
(i)
 Section 
58-64-302
 of [
Title 58,
] Chapter 64, Deception Detection Examiners
Licensing Act;
[
(i)
] 
(j)
 Sections 
58-67-302
 and 
58-67-302.1
 of [
Title 58,
] Chapter 67, Utah Medical
Practice Act; and
[
(j)
] 
(k)
 Sections 
58-68-302
 and 
58-68-302.1
 of [
Title 58,
] Chapter 68, Utah
Osteopathic Medical Practice Act.
(2) The division's access to criminal background information under this section:
(a) shall meet the requirements of Section 
53-10-108
; and
(b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
held in abeyance, dismissed charges, and charges without a known disposition.
(3) The division may not disseminate outside of the division any criminal history
record information that the division obtains from the Bureau of Criminal Identification or the
Federal Bureau of Investigation under the criminal background check requirements of this
section.
Section 2. Section 
58-60-103.1
 is enacted to read:
 58-60-103.1.
Criminal background check.
(1) An applicant for licensure under this chapter who requires a criminal background
check shall:
(a) submit fingerprint cards in a form acceptable to the division at the time the license
application is filed; and
(b) consent to a fingerprint background check conducted by the Bureau of Criminal
Identification and the Federal Bureau of Investigation regarding the application.
(2) The division shall:
(a) in addition to other fees authorized by this chapter, collect from each applicant
submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
Identification is authorized to collect for the services provided under Section 
53-10-108
 and the
fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
obtaining federal criminal history record information;
(b) submit from each applicant the fingerprint card and the fees described in
Subsection (2)(a) to the Bureau of Criminal Identification; and
(c) obtain and retain in division records a signed waiver approved by the Bureau of
Criminal Identification in accordance with Section 
53-10-108
 for each applicant.
(3) The Bureau of Criminal Identification shall, in accordance with the requirements of
Section 
53-10-108
:
(a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
and regional criminal records databases;
(b) forward the fingerprints to the Federal Bureau of Investigation for a national
criminal history background check; and
(c) provide the results from the state, regional, and nationwide criminal history
background checks to the division.
(4) For purposes of conducting a criminal background check required under this
section, the division shall have direct access to criminal background information maintained
under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(5) The division may not:
(a) disseminate outside of the division any criminal history record information that the
division obtains from the Bureau of Criminal Identification or the Federal Bureau of
Investigation under the criminal background check requirements of this section; or
(b) issue a letter of qualification to participate in the Counseling Compact under
Chapter 60a, Counseling Compact, until the criminal background check described in this
section is completed.
Section 3. Section 
58-60-205
 is amended to read:
58-60-205.
Qualifications for licensure or certification as a clinical social worker,
certified social worker, and social service worker.
(1) An applicant for licensure as a clinical social worker shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) produce certified transcripts from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of
an education and an earned degree as follows:
(i) a master's degree in a social work program accredited by the Council on Social
Work Education or by the Canadian Association of Schools of Social Work; or
(ii) a doctoral degree that contains a clinical social work concentration and practicum
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that is consistent with Section 
58-1-203
;
(d) have completed a minimum of 4,000 hours of clinical social work training as
defined by division rule under Section 
58-1-203
:
(i) in not less than two years;
(ii) under the supervision of a supervisor approved by the division in collaboration with
the board who is a:
(A) clinical mental health counselor;
(B) psychiatrist;
(C) psychologist;
(D) registered psychiatric mental health nurse practitioner;
(E) marriage and family therapist; or
(F) clinical social worker; and
(iii) including a minimum of two hours of training in suicide prevention via a course
that the division designates as approved;
(e) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement in Subsection
(1)(c), which training may be included as part of the 4,000 hours of training in Subsection
(1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
obtained under the direct supervision, as defined by rule, of a supervisor described in
Subsection (1)(d)(ii);
(f) have completed a case work, group work, or family treatment course sequence with
a clinical practicum in content as defined by rule under Section 
58-1-203
; [
and
]
(g) pass the examination requirement established by rule under Section 
58-1-203
[
.
]
;
and
(h) if the applicant is applying to participate in the Counseling Compact under Chapter
60a, Counseling Compact, consent to a criminal background check in accordance with Section
58-60-103.1
 and any requirements established by division rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) An applicant for licensure as a certified social worker shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) produce certified transcripts from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of
an education and an earned degree as follows:
(i) a master's degree in a social work program accredited by the Council on Social
Work Education or by the Canadian Association of Schools of Social Work; or
(ii) a doctoral degree that contains a clinical social work concentration and practicum
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that is consistent with Section 
58-1-203
; and
(d) pass the examination requirement established by rule under Section 
58-1-203
.
(3) (a) An applicant for certification as a certified social worker intern shall meet the
requirements of Subsections (2)(a), (b), and (c).
(b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
examination required under Subsection (2)(d) or six months, whichever occurs first.
(c) A certified social worker intern may provide mental health therapy under the
general supervision, as defined by rule, of a supervisor described in Subsection (1)(d)(ii).
(4) An applicant for licensure as a social service worker shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) produce certified transcripts from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of
an education and an earned degree as follows:
(i) a bachelor's degree in a social work program accredited by the Council on Social
Work Education or by the Canadian Association of Schools of Social Work;
(ii) a master's degree in a field approved by the division in collaboration with the
board;
(iii) a bachelor's degree in any field if the applicant:
(A) has completed at least three semester hours, or the equivalent, in each of the
following areas:
(I) social welfare policy;
(II) human growth and development; and
(III) social work practice methods, as defined by rule; and
(B) provides documentation that the applicant has completed at least 2,000 hours of
qualifying experience under the supervision of a mental health therapist, which experience is
approved by the division in collaboration with the board, and which is performed after
completion of the requirements to obtain the bachelor's degree required under this Subsection
(4); or
(iv) successful completion of the first academic year of a Council on Social Work
Education approved master's of social work curriculum and practicum; and
(d) pass the examination requirement established by rule under Section 
58-1-203
.
(5) The division shall ensure that the rules for an examination described under
Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
requested by an applicant who is:
(a) a foreign born legal resident of the United States for whom English is a second
language; or
(b) an enrolled member of a federally recognized Native American tribe.
Section 4. Section 
58-60-305
 is amended to read:
58-60-305.
Qualifications for licensure.
(1) All applicants for licensure as marriage and family therapists shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) produce certified transcripts evidencing completion of a masters or doctorate degree
in marriage and family therapy from:
(i) a program accredited by the Commission on Accreditation for Marriage and Family
Therapy Education; or
(ii) an accredited institution meeting criteria for approval established by rule under
Section 
58-1-203
;
(d) have completed a minimum of 4,000 hours of marriage and family therapy training
as defined by division rule under Section 
58-1-203
:
(i) in not less than two years;
(ii) under the supervision of a mental health therapist supervisor who meets the
requirements of Section 
58-60-307
;
(iii) obtained after completion of the education requirement in Subsection (1)(c); and
(iv) including a minimum of two hours of training in suicide prevention via a course
that the division designates as approved;
(e) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement described in
Subsection (1)(c)(i) or (1)(c)(ii), which training may be included as part of the 4,000 hours of
training described in Subsection (1)(d), and of which documented evidence demonstrates not
less than 100 of the supervised hours were obtained during direct, personal supervision, as
defined by rule, by a mental health therapist supervisor qualified under Section 
58-60-307
;
[
and
]
(f) pass the examination requirement established by division rule under Section
58-1-203
[
.
]
; and
(g) if the applicant is applying to participate in the Counseling Compact under Chapter
60a, Counseling Compact, consent to a criminal background check in accordance with Section
58-60-103.1
 and any requirements established by division rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) All applicants for licensure as an associate marriage and family therapist shall
comply with the provisions of Subsections (1)(a), (b), and (c).
(b) An individual's license as an associate marriage and family therapist is limited to
the period of time necessary to complete clinical training as described in Subsections (1)(d) and
(e) and extends not more than one year from the date the minimum requirement for training is
completed, unless the individual presents satisfactory evidence to the division and the
appropriate board that the individual is making reasonable progress toward passing of the
qualifying examination for that profession or is otherwise on a course reasonably expected to
lead to licensure, but the period of time under this Subsection (2)(b) may not exceed two years
past the date the minimum supervised clinical training requirement has been completed.
Section 5. Section 
58-60-405
 is amended to read:
58-60-405.
Qualifications for licensure.
(1) An applicant for licensure as a clinical mental health counselor shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) produce certified transcripts evidencing completion of:
(i) a master's or doctorate degree conferred to the applicant in:
(A) clinical mental health counseling, clinical rehabilitation counseling, counselor
education and supervision from a program accredited by the Council for Accreditation of
Counseling and Related Educational Programs; or
(B) clinical mental health counseling or an equivalent field from a program affiliated
with an institution that has accreditation that is recognized by the Council for Higher Education
Accreditation; and
(ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
an educational program described in Subsection (1)(d)(i);
(d) have completed a minimum of 4,000 hours of clinical mental health counselor
training as defined by division rule under Section 
58-1-203
:
(i) in not less than two years;
(ii) under the supervision of a clinical mental health counselor, psychiatrist,
psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
marriage and family therapist supervisor approved by the division in collaboration with the
board;
(iii) obtained after completion of the education requirement in Subsection (1)(c); and
(iv) including a minimum of two hours of training in suicide prevention via a course
that the division designates as approved;
(e) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement in Subsection
(1)(c), which training may be included as part of the 4,000 hours of training in Subsection
(1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
obtained under the direct supervision of a mental health therapist, as defined by rule; [
and
]
(f) pass the examination requirement established by division rule under Section
58-1-203
[
.
]
; and
(g) if the applicant is applying to participate in the Counseling Compact under Chapter
60a, Counseling Compact, consent to a criminal background check in accordance with Section
58-60-103.1
 and any requirements established by division rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) An applicant for licensure as an associate clinical mental health counselor shall
comply with the provisions of Subsections (1)(a), (b), and (c).
(b) Except as provided under Subsection (2)(c), an individual's licensure as an
associate clinical mental health counselor is limited to the period of time necessary to complete
clinical training as described in Subsections (1)(d) and (e) and extends not more than one year
from the date the minimum requirement for training is completed.
(c) The time period under Subsection (2)(b) may be extended to a maximum of two
years past the date the minimum supervised clinical training requirement has been completed,
if the applicant presents satisfactory evidence to the division and the appropriate board that the
individual is:
(i) making reasonable progress toward passing of the qualifying examination for that
profession; or
(ii) otherwise on a course reasonably expected to lead to licensure.
(3) (a) Notwithstanding Subsection (1)(c), an applicant satisfies the education
requirement described in Subsection (1)(c) if the applicant submits documentation verifying:
(i) satisfactory completion of a doctoral or master's degree from an educational
program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
and Related Educational Programs;
(ii) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
hours of coursework related to an educational program described in Subsection (1)(c)(i); and
(iii) that the applicant received a passing score that is valid and in good standing on:
(A) the National Counselor Examination; and
(B) the National Clinical Mental Health Counseling Examination.
(b) During the 2021 interim, the division shall report to the Occupational and
Professional Licensure Review Committee created in Section 
36-23-102
 on:
(i) the number of applicants who applied for licensure under this Subsection (3);
(ii) the number of applicants who were approved for licensure under this Subsection
(3);
(iii) any changes to division rule after May 12, 2020, regarding the qualifications for
licensure under this section; and
(iv) recommendations for legislation or other action that the division considers
necessary to carry out the provisions of this Subsection (3).
Section 6. Section 
58-60a-101
 is enacted to read:
CHAPTER 60a. COUNSELING COMPACT
Part 1. Compact Text
 58-60a-101.
Section 1 -- 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.
Section 7. Section 
58-60a-102
 is enacted to read:
 58-60a-102.
Section 2 -- 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 United States, including members of the National Guard and Reserve on active duty orders
pursuant to 10 U.S.C. Chapters 1209 and 1211.
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;
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 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.
Section 8. Section 
58-60a-103
 is enacted to read:
 58-60a-103.
Section 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 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; 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 9. Section 
58-60a-104
 is enacted to read:
 58-60a-104.
Section 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 Subsection 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 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 Subsection 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;
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 Subsection 4(G) have been met, the Licensee must meet
the requirements in Subsection 4(A) to obtain a Privilege to Practice in a Remote State.
Section 10. Section 
58-60a-105
 is enacted to read:
 58-60a-105.
Section 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 58-60a-104 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 checks 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 58-60a-104, 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 Member State to a non-Member State, or from a non-Member 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 11. Section 
58-60a-106
 is enacted to read:
 58-60a-106.
Section 6 -- Active Duty Military personnel or their spouses.
Active Duty Military personnel, or their spouses, 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 
58-60a-105
.
Section 12. Section 
58-60a-107
 is enacted to read:
 58-60a-107.
Section 7 -- Compact Privilege to Practice Telehealth.
A. Member States shall recognize the right of a Licensed Professional Counselor,
licensed by a Home State in accordance with Section 
58-60a-103
 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 13. Section 
58-60a-108
 is enacted to read:
 58-60a-108.
Section 8 -- Adverse actions.
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; and
2. Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing
Board in a Member State for the attendance and testimony of witnesses or the production of
evidence from another Member State shall be enforced in the latter State by any court of
competent jurisdiction, according to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
fees, travel expenses, mileage, and other fees required by the service statutes of the State in
which the witnesses or evidence are located.
3. Only the Home State shall have the power to take Adverse Action against a Licensed
Professional Counselor's license issued by the Home State.
B. For purposes of taking Adverse Action, the Home State shall give the same priority
and effect to reported conduct received from a Member State as it would if the conduct had
occurred within the Home State. In so doing, the Home State shall apply its own State laws to
determine appropriate action.
C. The Home State shall complete any pending investigations of a Licensed
Professional Counselor who changes primary State of residence during the course of the
investigations. The Home State shall also have the authority to take appropriate action(s) and
shall promptly report the conclusions of the investigations to the administrator of the Data
System. The administrator of the coordinated licensure information system shall promptly
notify the new Home State of any Adverse Actions.
D. A Member State, if otherwise permitted by State law, may recover from the affected
Licensed Professional Counselor the costs of investigations and dispositions of cases resulting
from any Adverse Action taken against that Licensed Professional Counselor.
E. A Member State may take Adverse Action based on the factual findings of the
Remote State, provided that the Member State follows its own procedures for taking the
Adverse Action.
F. Joint Investigations:
1. In addition to the authority granted to a Member State by its respective Professional
Counseling practice act or other applicable State law, any Member State may participate with
other Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or compliance materials in
furtherance of any joint or individual investigation initiated under the Compact.
G. If Adverse Action is taken by the Home State against the license of a Licensed
Professional Counselor, the Licensed Professional Counselor's Privilege to Practice in all other
Member States shall be deactivated until all Encumbrances have been removed from the State
license. All Home State disciplinary orders that impose Adverse Action against the license of a
Licensed Professional Counselor shall include a Statement that the Licensed Professional
Counselor's Privilege to Practice is deactivated in all Member States during the pendency of the
order.
H. If a Member State takes Adverse Action, it shall promptly notify the administrator of
the Data System. The administrator of the Data System shall promptly notify the Home State of
any Adverse Actions by Remote States.
I. Nothing in this Compact shall override a Member State's decision that participation in
an Alternative Program may be used in lieu of Adverse Action.
Section 14. Section 
58-60a-109
 is enacted to read:
 58-60a-109.
Section 9 -- Establishment of Counseling Compact Commission.
A. The Compact Member States hereby create and establish a joint public agency
known as the Counseling Compact Commission:
1. The Commission is an instrumentality of the Compact States.
2. Venue is proper and judicial proceedings by or against the Commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal office of
the Commission is located. The Commission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1) delegate selected by that
Member State's Licensing Board.
2. The delegate shall be either:
a. A current member of the Licensing Board at the time of appointment, who is a
Licensed Professional Counselor or public member; or
b. An administrator of the Licensing Board.
3. Any delegate may be removed or suspended from office as provided by the law of
the State from which the delegate is appointed.
4. The Member State Licensing Board shall fill any vacancy occurring on the
Commission within 60 days.
5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of
Rules and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the Commission.
6. A delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates' participation in meetings by telephone or other means of
communication.
7. The Commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
8. The Commission shall by Rule establish a term of office for delegates and may by
Rule establish term limits.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the bylaws;
4. Meet and take such actions as are consistent with the provisions of this Compact and
the bylaws;
5. Promulgate Rules which shall be binding to the extent and in the manner provided
for in the Compact;
6. Bring and prosecute legal proceedings or actions in the name of the Commission,
provided that the standing of any State Licensing Board to sue or be sued under applicable law
shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a Member State;
9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of the Compact, and establish the
Commission's personnel policies and programs relating to conflicts of interest, qualifications of
personnel, and other related personnel matters;
10. Accept any and all appropriate donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that
at all times the Commission shall avoid any appearance of impropriety and/or conflict of
interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
hold, improve or use, any property, real, personal or mixed; provided that at all times the
Commission shall avoid any appearance of impropriety;
12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees composed of members, State
regulators, State legislators or their representatives, and consumer representatives, and such
other interested persons as may be designated in this Compact and the bylaws;
16. Provide and receive information from, and cooperate with, law enforcement
agencies;
17. Establish and elect an Executive Committee; and
18. Perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact consistent with the State regulation of Professional Counseling
licensure and practice.
D. The Executive Committee
1. The Executive Committee shall have the power to act on behalf of the Commission
according to the terms of this Compact.
2. The Executive Committee shall be composed of up to eleven (11) members:
a. Seven voting members who are elected by the Commission from the current
membership of the Commission; and
b. Up to four (4) ex-officio, nonvoting members from four (4) recognized national
professional counselor organizations.
c. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Committee as provided
in bylaws.
4. The Executive Committee shall meet at least annually.
5. The Executive Committee shall have the following duties and responsibilities:
a. Recommend to the entire Commission changes to the Rules or bylaws, changes to
this Compact legislation, fees paid by Compact Member States such as annual dues, and any
Commission Compact fee charged to Licensees for the Privilege to Practice;
b. Ensure Compact administration services are appropriately provided, contractual or
otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of Member States and provide compliance reports to
the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in Rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public notice of meetings shall be
given in the same manner as required under the Rulemaking provisions in Section 
58-60a-111
.
2. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting if the Commission or Executive
Committee or other committees of the Commission must discuss:
a. Non-compliance of a Member State with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures
related to specific employees or other matters related to the Commission's internal personnel
practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility of investigation
or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or Member State statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
Commission's legal counsel or designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed. All documents considered in
connection with an action shall be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by a majority vote of the Commission
or order of a court of competent jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations, and
grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each Member
State or impose fees on other parties to cover the cost of the operations and activities of the
Commission and its staff, which must be in a total amount sufficient to cover its annual budget
as approved each year for which revenue is not provided by other sources. The aggregate
annual assessment amount shall be allocated based upon a formula to be determined by the
Commission, which shall promulgate a Rule binding upon all Member States.
4. The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Commission pledge the credit of any of the Member
States, except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a certified or licensed public accountant,
and the report of the audit shall be included in and become part of the annual report of the
Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and representatives of the
Commission shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
that the person against whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties or responsibilities; provided that nothing
in this paragraph shall be construed to protect any such person from suit and/or liability for any
damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of
that person.
2. The Commission shall defend any member, officer, executive director, employee or
representative of the Commission in any civil action seeking to impose liability arising out of
any actual or alleged act, error, or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of Commission employment, duties,
or responsibilities; provided that nothing herein shall be construed to prohibit that person from
retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive
director, employee, or representative of the Commission for the amount of any settlement or
judgment obtained against that person arising out of any actual or alleged act, error, or
omission that occurred within the scope of Commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from the intentional or willful or wanton
misconduct of that person.
Section 15. Section 
58-60a-110
 is enacted to read:
 58-60a-110.
Section 10 -- Data System.
A. The Commission shall provide for the development, maintenance, operation, and
utilization of a coordinated database and reporting system containing licensure, Adverse
Action, and Investigative Information on all licensed individuals in Member States.
B. Notwithstanding any other provision of State law to the contrary, a Member State
shall submit a uniform data set to the Data System on all individuals to whom this Compact is
applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license or Privilege to Practice;
4. Non-confidential information related to Alternative Program participation;
5. Any denial of application for licensure, and the reason(s) for such denial;
6. Current Significant Investigative Information; and
7. Other information that may facilitate the administration of this Compact, as
determined by the Rules of the Commission.
C. Investigative Information pertaining to a Licensee in any Member State will only be
available to other Member States.
D. The Commission shall promptly notify all Member States of any Adverse Action
taken against a Licensee or an individual applying for a license. Adverse Action information
pertaining to a Licensee in any Member State will be available to any other Member State.
E. Member States contributing information to the Data System may designate
information that may not be shared with the public without the express permission of the
contributing State.
F. Any information submitted to the Data System that is subsequently required to be
expunged by the laws of the Member State contributing the information shall be removed from
the Data System.
Section 16. Section 
58-60a-111
 is enacted to read:
 58-60a-111.
Section 11 -- Rulemaking.
A. The Commission shall promulgate reasonable Rules in order to effectively and
efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the
Commission exercises its Rulemaking authority in a manner that is beyond the scope of the
purposes of the Compact, or the powers granted hereunder, then such an action by the
Commission shall be invalid and have no force or effect.
B. The Commission shall exercise its Rulemaking powers pursuant to the criteria set
forth in this Section and the Rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each Rule or amendment.
C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of
a statute or resolution in the same manner used to adopt the Compact within four (4) years of
the date of adoption of the Rule, then such Rule shall have no further force and effect in any
Member State.
D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of
the Commission.
E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and
at least thirty (30) days in advance of the meeting at which the Rule will be considered and
voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform; and
2. On the website of each Member State Professional Counseling Licensing Board or
other publicly accessible platform or the publication in which each State would otherwise
publish proposed Rules.
F. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the Rule will be
considered and voted upon;
2. The text of the proposed Rule or amendment and the reason for the proposed Rule;
3. A request for comments on the proposed Rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of
their intention to attend the public hearing and any written comments.
G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
H. The Commission shall grant an opportunity for a public hearing before it adopts a
Rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A State or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
I. If a hearing is held on the proposed Rule or amendment, the Commission shall
publish the place, time, and date of the scheduled public hearing. If the hearing is held via
electronic means, the Commission shall publish the mechanism for access to the electronic
hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of
the Commission or other designated member in writing of their desire to appear and testify at
the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made available on
request.
4. Nothing in this section shall be construed as requiring a separate hearing on each
Rule. Rules may be grouped for the convenience of the Commission at hearings required by
this section.
J. Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the Commission shall consider all written and oral
comments received.
K. If no written notice of intent to attend the public hearing by interested parties is
received, the Commission may proceed with promulgation of the proposed Rule without a
public hearing.
L. The Commission shall, by majority vote of all members, take final action on the
proposed Rule and shall determine the effective date of the Rule, if any, based on the
Rulemaking record and the full text of the Rule.
M. Upon determination that an emergency exists, the Commission may consider and
adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided
that the usual Rulemaking procedures provided in the Compact and in this section shall be
retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety
(90) days after the effective date of the Rule. For the purposes of this provision, an emergency
Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of an administrative Rule that is established by
federal law or Rule; or
4. Protect public health and safety.
N. The Commission or an authorized committee of the Commission may direct
revisions to a previously adopted Rule or amendment for purposes of correcting typographical
errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the Commission. The revision shall be subject to
challenge by any person for a period of thirty (30) days after posting. The revision may be
challenged only on grounds that the revision results in a material change to a Rule. A challenge
shall be made in writing and delivered to the chair of the Commission prior to the end of the
notice period. If no challenge is made, the revision will take effect without further action. If the
revision is challenged, the revision may not take effect without the approval of the
Commission.
Section 17. Section 
58-60a-112
 is enacted to read:
 58-60a-112.
Section 12 -- Oversight, dispute resolution, and enforcement.
A. Oversight
1. The executive, legislative, and judicial branches of State government in each
Member State shall enforce this Compact and take all actions necessary and appropriate to
effectuate the Compact's purposes and intent. The provisions of this Compact and the Rules
promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the Rules in any judicial or
administrative proceeding in a Member State pertaining to the subject matter of this Compact
which may affect the powers, responsibilities, or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such
proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure
to provide service of process to the Commission shall render a judgment or order void as to the
Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has defaulted in the performance
of its obligations or responsibilities under this Compact or the promulgated Rules, the
Commission shall:
a. Provide written notice to the defaulting State and other Member States of the nature
of the default, the proposed means of curing the default and/or any other action to be taken by
the Commission; and
b. Provide remedial training and specific technical assistance regarding the default.
C. If a State in default fails to cure the default, the defaulting State may be terminated
from the Compact upon an affirmative vote of a majority of the Member States, and all rights,
privileges and benefits conferred by this Compact may be terminated on the effective date of
termination. A cure of the default does not relieve the offending State of obligations or
liabilities incurred during the period of default.
D. Termination of membership in the Compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the Commission to the governor, the majority and minority leaders of the
defaulting State's legislature, and each of the Member States.
E. A State that has been terminated is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination, including obligations that extend
beyond the effective date of termination.
F. The Commission shall not bear any costs related to a State that is found to be in
default or that has been terminated from the Compact, unless agreed upon in writing between
the Commission and the defaulting State.
G. The defaulting State may appeal the action of the Commission by petitioning the
United States District Court for the District of Columbia or the federal district where the
Commission has its principal offices. The prevailing member shall be awarded all costs of such
litigation, including reasonable attorney fees.
H. Dispute Resolution
1. Upon request by a Member State, the Commission shall attempt to resolve disputes
related to the Compact that arise among Member States and between member and non-Member
States.
2. The Commission shall promulgate a Rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
I. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and Rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the Commission has its
principal offices against a Member State in default to enforce compliance with the provisions
of the Compact and its promulgated Rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
member shall be awarded all costs of such litigation, including reasonable attorney fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The
Commission may pursue any other remedies available under federal or State law.
Section 18. Section 
58-60a-113
 is enacted to read:
 58-60a-113.
Section 13 -- Date of implementation of the Counseling Compact
Commission and associated Rules, withdrawal, and amendment.
A. The Compact shall come into effect on the date on which the Compact statute is
enacted into law in the tenth Member State. The provisions, which become effective at that
time, shall be limited to the powers granted to the Commission relating to assembly and the
promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking
powers necessary to the implementation and administration of the Compact.
B. Any State that joins the Compact subsequent to the Commission's initial adoption of
the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes
law in that State. Any Rule that has been previously adopted by the Commission shall have the
full force and effect of law on the day the Compact becomes law in that State.
C. Any Member State may withdraw from this Compact by enacting a statute repealing
the same.
1. A Member State's withdrawal shall not take effect until six (6) months after
enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing State's
Professional Counseling Licensing Board to comply with the investigative and Adverse Action
reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any
Professional Counseling licensure agreement or other cooperative arrangement between a
Member State and a non-Member State that does not conflict with the provisions of this
Compact.
E. This Compact may be amended by the Member States. No amendment to this
Compact shall become effective and binding upon any Member State until it is enacted into the
laws of all Member States.
Section 19. Section 
58-60a-114
 is enacted to read:
 58-60a-114.
Section 14 -- Construction and severability.
This Compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this Compact shall be severable and if any phrase, clause, sentence or provision
of this Compact is declared to be contrary to the constitution of any Member State or of the
United States or the applicability thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this Compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If this Compact shall
be held contrary to the constitution of any Member State, the Compact shall remain in full
force and effect as to the remaining Member States and in full force and effect as to the
Member State affected as to all severable matters.
Section 20. Section 
58-60a-115
 is enacted to read:
 58-60a-115.
Section 15 -- Binding Effect of Compact and other Laws.
A. A Licensee providing Professional Counseling services in a Remote State under the
Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of the
Remote State.
B. Nothing herein prevents the enforcement of any other law of a Member State that is
not inconsistent with the Compact.
C. Any laws in a Member State in conflict with the Compact are superseded to the
extent of the conflict.
D. Any lawful actions of the Commission, including all Rules and bylaws properly
promulgated by the Commission, are binding upon the Member States.
E. All permissible agreements between the Commission and the Member States are
binding in accordance with their terms.
F. In the event any provision of the Compact exceeds the constitutional limits imposed
on the legislature of any Member State, the provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that Member State.
Section 21. Section 
58-60a-201
 is enacted to read:
Part 2. Division Implementation
 58-60a-201.
 Rulemaking authority -- State authority over scope of practice.
(1) The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement this chapter.
(2) Notwithstanding any provision in Sections 
58-60a-101
 through 
58-60a-115
,
Sections 
58-60a-101
 through 
58-60a-115
 do not supersede state law related to an individual's
scope of practice under this title.