New Jersey § 45:8b-114

§ 45:8b-114.

The State of New Jersey enacts and enters into the Counseling Compact with all other

jurisdictions that legally join the compact in the form substantially as follows: 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 2. Definitions As used in this compact, and except as otherwise provided: “ 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. “ 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. “ Alternative program ” means a non-disciplinary monitoring or practice remediation process approved by

a professional counseling licensing board to address impaired practitioners. “ Continuing competence/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. “ Counseling compact commission ” or “ commission ” means the national administrative body whose membership consists of all states that

have enacted the compact. “ Current significant investigative information ” means: 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 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. “ 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. “ Encumbered license ” means a license in which an adverse action restricts the practice of licensed professional

counseling by the licensee and the adverse action has been reported to the national

practitioners data bank. “ Encumbrance ” means a revocation or suspension of, or any limitation on, the full and unrestricted

practice of licensed professional counseling by a licensing board. “ 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. “ Home state ” means the member state that is the licensee's primary state of residence. “ Impaired practitioner ” means an individual who has a condition that may impair the individual's ability

to practice as a licensed professional counselor without some type of intervention,

which conditions may include, but are not limited to, alcohol and drug dependence,

mental health impairment, and neurological or physical impairments. “ Investigative information ” means information, records, and documents received or generated by a professional

counseling licensing board pursuant to an investigation. “ 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. “ 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. “ Licensee ” means an individual who currently holds an authorization from the state to practice

as a licensed professional counselor. “ Licensing board ” means the agency of a state, or an equivalent entity, that is responsible for the

licensing and regulation of licensed professional counselors. “ Member state ” means a state that has enacted the compact. “ Privilege to practice ” means a legal authorization, which is equivalent to a license, permitting the practice

of professional counseling in a remote state. “ Professional counseling ” means the assessment, diagnosis, and treatment of behavioral health conditions by

a licensed professional counselor. “ Remote state ” means a member state other than the home state, where a licensee is exercising or

seeking to exercise the privilege to practice. “ Rule ” means a regulation promulgated by the commission that has the force of law. “ 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. “ State ” means any state, commonwealth, district, or territory of the United States of America

that regulates the practice of professional counseling. “ Telehealth ” means the application of telecommunication technology to deliver professional counseling

services remotely to assess, diagnose, and treat behavioral health conditions. “ Unencumbered license ” means a license that authorizes a licensed professional counselor to engage in the

full and unrestricted practice of professional counseling. Section 3. State participation in the Compact a. To participate in the compact, a state shall 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 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 shall use the results in making licensure decisions;

and (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 the federal 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 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

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 two 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; (7) meet any continuing competence/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 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 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 occur: (1) the home state license is no longer encumbered; and (2) the licensee has not had any encumbrance or restriction against any license or

privilege to practice within the previous two 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) the licensee has not had any encumbrance or restriction against any license or

privilege to practice within the previous two 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. 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; and (2) upon receipt of an application for obtaining a new home state license by virtue

of a privilege to practice, the new home state shall verify that the licensed professional

counselor meets the pertinent criteria outlined in section 4 of this compact 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 federal 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 provided in section 4 of this compact, the new

home state may apply its requirements for issuing a new single state license; and (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 a 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 6. Active Duty Military Personnel or their Spouses Active Duty Military personnel, or their spouses, shall designate a home state where

the service member or spouse has a current license in good standing. The service member or spouse may retain the home state designation during the period

the service member is on active duty. Subsequent to designating a home state, the service member or spouse shall only change

the service member's or spouse's home state through application for licensure in the

new state, or through the process outlined in section 5 of this compact. 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 3 of this compact 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 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; (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; and (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 investigation of a licensed professional

counselor who changes primary state of residence during the course of the investigation.

The home state shall also have the authority to take appropriate action and shall

promptly report the conclusion of any investigation 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. 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. Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under this compact. g. If adverse action is taken by a 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 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. (1) Each member state shall have and be limited to one 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 vote with regard to the promulgation of

rules and the 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 or conflict

of interest; (11) lease, purchase, accept appropriate gifts or donations of, or otherwise 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 consistent with the requirements of

subsection d. of this section; 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. (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 11 members, as follows: (a) seven voting members who shall be elected by the commission from the current membership

of the commission; and (b) up to four ex-officio, nonvoting members from four recognized national professional

counselor organizations, who shall 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) recommending 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) ensuring compact administration services are appropriately provided, contractual

or otherwise; (c) preparing and recommending the budget; (d) maintaining financial records on behalf of the commission; (e) monitoring compact compliance of member states and providing compliance reports

to the commission; (f) establishing additional committees as necessary; and (g) performing other duties as provided in rules or bylaws. e. (1) All meetings of the commission 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 11 of this compact. (2) The commission or the executive committee or other committees of the commission

may convene in a closed, non-public meeting in order for the commission, executive

committee, or other committee of the commission to 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; and (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 paragraph (2) of

this subsection, 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 therefor, 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. (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 shall 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. (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 or liability for any damage, loss, injury, or

liability caused by the intentional, 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, 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 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 an application for licensure, and the reason 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 shall 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 shall 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 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

years of the date of adoption of the rule, then the 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 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 25 persons; (2) a state or federal governmental subdivision or agency; or (3) an association having at least 25 members. i. If a hearing is held on a proposed rule or amendment pursuant to subsection h.

of this section, 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 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 shall be recorded. A copy of the recording shall 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 a 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, but in no event

later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that shall 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 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 shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval

of the commission. Section 12. Oversight, Dispute Resolution, and Enforcement a. (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. (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, 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 the termination. A cure of a default shall 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

U.S. 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 the litigation, including reasonable

attorney's fees. h. (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. (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 the litigation, including reasonable attorney's 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 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 10th 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 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 compact 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 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 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.