Utah § 60a-105 - Section 5 -- Obtaining a new Home State license based on a Privilege to Practice.

Effective 5/4/2022
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.

Enacted by Chapter 466, 2022 General Session