AB207,36,2221 3. Only the home state shall have the power to take adverse action against a
22licensed professional counselor's license issued by the home state.
AB207,37,223 (b) For purposes of taking adverse action, the home state shall give the same
24priority and effect to reported conduct received from a member state as it would if

1the conduct had occurred within the home state. In so doing, the home state shall
2apply its own state laws to determine appropriate action.
AB207,37,83 (c) The home state shall complete any pending investigations of a licensed
4professional counselor who changes primary state of residence during the course of
5the investigations. The home state shall also have the authority to take appropriate
6action(s) and shall promptly report the conclusions of the investigations to the
7administrator of the data system. The administrator of the coordinated licensure
8information system shall promptly notify the new home state of any adverse actions.
AB207,37,129 (d) A member state, if otherwise permitted by state law, may recover from the
10affected licensed professional counselor the costs of investigations and dispositions
11of cases resulting from any adverse action taken against that licensed professional
12counselor.
AB207,37,1513 (e) A member state may take adverse action based on the factual findings of the
14remote state, provided that the member state follows its own procedures for taking
15the adverse action.
AB207,37,1616 (f) Joint investigations:
AB207,37,1917 1. In addition to the authority granted to a member state by its respective
18professional counseling practice act or other applicable state law, any member state
19may participate with other member states in joint investigations of licensees.
AB207,37,2220 2. Member states shall share any investigative, litigation, or compliance
21materials in furtherance of any joint or individual investigation initiated under the
22compact.
AB207,38,423 (g) If adverse action is taken by the home state against the license of a licensed
24professional counselor, the licensed professional counselor's privilege to practice in
25all other member states shall be deactivated until all encumbrances have been

1removed from the state license. All home state disciplinary orders that impose
2adverse action against the license of a licensed professional counselor shall include
3a statement that the licensed professional counselor's privilege to practice is
4deactivated in all member states during the pendency of the order.
AB207,38,75 (h) If a member state takes adverse action, it shall promptly notify the
6administrator of the data system. The administrator of the data system shall
7promptly notify the home state of any adverse actions by remote states.
AB207,38,98 (i) Nothing in this compact shall override a member state's decision that
9participation in an alternative program may be used in lieu of adverse action.
AB207,38,12 10(9) Establishment of counseling compact commission. (a) The compact
11member states hereby create and establish a joint public agency known as the
12counseling compact commission:
AB207,38,1313 1. The commission is an instrumentality of the compact states.
AB207,38,1814 2. Venue is proper and judicial proceedings by or against the commission shall
15be brought solely and exclusively in a court of competent jurisdiction where the
16principal office of the commission is located. The commission may waive venue and
17jurisdictional defenses to the extent it adopts or consents to participate in alternative
18dispute resolution proceedings.
AB207,38,2019 3. Nothing in this compact shall be construed to be a waiver of sovereign
20immunity.
AB207,38,2221 (b) Membership, voting, and meetings. 1. Each member state shall have and
22be limited to one delegate selected by that member state's licensing board.
AB207,38,2323 2. The delegate shall be either:
AB207,38,2524 a. A current member of the licensing board at the time of appointment, who is
25a licensed professional counselor or public member; or
AB207,39,1
1b. An administrator of the licensing board.
AB207,39,32 3. Any delegate may be removed or suspended from office as provided by the
3law of the state from which the delegate is appointed.
AB207,39,54 4. The member state licensing board shall fill any vacancy occurring on the
5commission within 60 days.
AB207,39,86 5. Each delegate shall be entitled to one vote with regard to the promulgation
7of rules and creation of bylaws and shall otherwise have an opportunity to participate
8in the business and affairs of the commission.
AB207,39,119 6. A delegate shall vote in person or by such other means as provided in the
10bylaws. The bylaws may provide for delegates' participation in meetings by
11telephone or other means of communication.
AB207,39,1312 7. The commission shall meet at least once during each calendar year.
13Additional meetings shall be held as set forth in the bylaws.
AB207,39,1514 8. The commission shall by rule establish a term of office for delegates and may
15by rule establish term limits.
AB207,39,1616 (c) The commission shall have the following powers and duties:
AB207,39,1717 1. Establish the fiscal year of the commission;
AB207,39,1818 2. Establish bylaws;
AB207,39,1919 3. Maintain its financial records in accordance with the bylaws;
AB207,39,2120 4. Meet and take such actions as are consistent with the provisions of this
21compact and the bylaws;
AB207,39,2322 5. Promulgate rules which shall be binding to the extent and in the manner
23provided for in the compact;
AB207,40,3
16. Bring and prosecute legal proceedings or actions in the name of the
2commission, provided that the standing of any state licensing board to sue or be sued
3under applicable law shall not be affected;
AB207,40,44 7. Purchase and maintain insurance and bonds;
AB207,40,65 8. Borrow, accept, or contract for services of personnel, including, but not
6limited to, employees of a member state;
AB207,40,117 9. Hire employees, elect or appoint officers, fix compensation, define duties,
8grant such individuals appropriate authority to carry out the purposes of the
9compact, and establish the commission's personnel policies and programs relating
10to conflicts of interest, qualifications of personnel, and other related personnel
11matters;
AB207,40,1512 10. Accept any and all appropriate donations and grants of money, equipment,
13supplies, materials, and services, and to receive, utilize, and dispose of the same;
14provided that at all times the commission shall avoid any appearance of impropriety
15and/or conflict of interest;
AB207,40,1816 11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to
17own, hold, improve or use, any property, real, personal or mixed; provided that at all
18times the commission shall avoid any appearance of impropriety;
AB207,40,2019 12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise
20dispose of any property real, personal, or mixed;
AB207,40,2121 13. Establish a budget and make expenditures;
AB207,40,2222 14. Borrow money;
AB207,41,223 15. Appoint committees, including standing committees composed of members,
24state regulators, state legislators or their representatives, and consumer

1representatives, and such other interested persons as may be designated in this
2compact and the bylaws;
AB207,41,43 16. Provide and receive information from, and cooperate with, law enforcement
4agencies;
AB207,41,55 17. Establish and elect an executive committee; and
AB207,41,86 18. Perform such other functions as may be necessary or appropriate to achieve
7the purposes of this compact consistent with the state regulation of professional
8counseling licensure and practice.
AB207,41,109 (d) The executive committee. 1. The executive committee shall have the power
10to act on behalf of the commission according to the terms of this compact.
AB207,41,1111 2. The executive committee shall be composed of up to 11 members:
AB207,41,1312 a. Seven voting members who are elected by the commission from the current
13membership of the commission; and
AB207,41,1514 b. Up to 4 ex officio, nonvoting members from 4 recognized national
15professional counselor organizations.
AB207,41,1616 c. The ex officio members will be selected by their respective organizations.
AB207,41,1817 3. The commission may remove any member of the executive committee as
18provided in bylaws.
AB207,41,1919 4. The executive committee shall meet at least annually.
AB207,41,2020 5. The executive committee shall have the following duties and responsibilities:
AB207,41,2321 a. Recommend to the entire commission changes to the rules or bylaws, changes
22to this compact legislation, fees paid by compact member states such as annual dues,
23and any commission compact fee charged to licensees for the privilege to practice;
AB207,41,2524 b. Ensure compact administration services are appropriately provided,
25contractual or otherwise;
AB207,42,1
1c. Prepare and recommend the budget;
AB207,42,22 d. Maintain financial records on behalf of the commission;
AB207,42,43 e. Monitor compact compliance of member states and provide compliance
4reports to the commission;
AB207,42,55 f. Establish additional committees as necessary; and
AB207,42,66 g. Other duties as provided in rules or bylaws.
AB207,42,97 (e) Meetings of the commission. 1. All meetings shall be open to the public, and
8public notice of meetings shall be given in the same manner as required under the
9rule-making provisions in sub. (11).
AB207,42,1210 2. The commission or the executive committee or other committees of the
11commission may convene in a closed, nonpublic meeting if the commission or
12executive committee or other committees of the commission must discuss:
AB207,42,1313 a. Noncompliance of a member state with its obligations under the compact;
AB207,42,1614 b. The employment, compensation, discipline or other matters, practices or
15procedures related to specific employees or other matters related to the commission's
16internal personnel practices and procedures;
AB207,42,1717 c. Current, threatened, or reasonably anticipated litigation;
AB207,42,1918 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
19real estate;
AB207,42,2020 e. Accusing any person of a crime or formally censuring any person;
AB207,42,2221 f. Disclosure of trade secrets or commercial or financial information that is
22privileged or confidential;
AB207,42,2423 g. Disclosure of information of a personal nature where disclosure would
24constitute a clearly unwarranted invasion of personal privacy;
AB207,42,2525 h. Disclosure of investigative records compiled for law enforcement purposes;
AB207,43,4
1i. Disclosure of information related to any investigative reports prepared by or
2on behalf of or for use of the commission or other committee charged with
3responsibility of investigation or determination of compliance issues pursuant to the
4compact; or
AB207,43,65 j. Matters specifically exempted from disclosure by federal or member state
6statute.
AB207,43,97 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
8commission's legal counsel or designee shall certify that the meeting may be closed
9and shall reference each relevant exempting provision.
AB207,43,1610 4. The commission shall keep minutes that fully and clearly describe all
11matters discussed in a meeting and shall provide a full and accurate summary of
12actions taken, and the reasons therefore, including a description of the views
13expressed. All documents considered in connection with an action shall be identified
14in such minutes. All minutes and documents of a closed meeting shall remain under
15seal, subject to release by a majority vote of the commission or order of a court of
16competent jurisdiction.
AB207,43,1917 (f) Financing of the commission. 1. The commission shall pay, or provide for
18the payment of, the reasonable expenses of its establishment, organization, and
19ongoing activities.
AB207,43,2120 2. The commission may accept any and all appropriate revenue sources,
21donations, and grants of money, equipment, supplies, materials, and services.
AB207,44,322 3. The commission may levy on and collect an annual assessment from each
23member state or impose fees on other parties to cover the cost of the operations and
24activities of the commission and its staff, which must be in a total amount sufficient
25to cover its annual budget as approved each year for which revenue is not provided

1by other sources. The aggregate annual assessment amount shall be allocated based
2upon a formula to be determined by the commission, which shall promulgate a rule
3binding upon all member states.
AB207,44,64 4. The commission shall not incur obligations of any kind prior to securing the
5funds adequate to meet the same; nor shall the commission pledge the credit of any
6of the member states, except by and with the authority of the member state.
AB207,44,127 5. The commission shall keep accurate accounts of all receipts and
8disbursements. The receipts and disbursements of the commission shall be subject
9to the audit and accounting procedures established under its bylaws. However, all
10receipts and disbursements of funds handled by the commission shall be audited
11yearly by a certified or licensed public accountant, and the report of the audit shall
12be included in and become part of the annual report of the commission.
AB207,44,2213 (g) Qualified immunity, defense, and indemnification. 1. The members,
14officers, executive director, employees and representatives of the commission shall
15be immune from suit and liability, either personally or in their official capacity, for
16any claim for damage to or loss of property or personal injury or other civil liability
17caused by or arising out of any actual or alleged act, error or omission that occurred,
18or that the person against whom the claim is made had a reasonable basis for
19believing occurred within the scope of commission employment, duties or
20responsibilities; provided that nothing in this subdivision shall be construed to
21protect any such person from suit and/or liability for any damage, loss, injury, or
22liability caused by the intentional or willful or wanton misconduct of that person.
AB207,45,723 2. The commission shall defend any member, officer, executive director,
24employee or representative of the commission in any civil action seeking to impose
25liability arising out of any actual or alleged act, error, or omission that occurred

1within the scope of commission employment, duties, or responsibilities, or that the
2person against whom the claim is made had a reasonable basis for believing occurred
3within the scope of commission employment, duties, or responsibilities; provided
4that nothing herein shall be construed to prohibit that person from retaining his or
5her own counsel; and provided further, that the actual or alleged act, error, or
6omission did not result from that person's intentional or willful or wanton
7misconduct.
AB207,45,158 3. The commission shall indemnify and hold harmless any member, officer,
9executive director, employee, or representative of the commission for the amount of
10any settlement or judgment obtained against that person arising out of any actual
11or alleged act, error, or omission that occurred within the scope of commission
12employment, duties, or responsibilities, or that such person had a reasonable basis
13for believing occurred within the scope of commission employment, duties, or
14responsibilities, provided that the actual or alleged act, error, or omission did not
15result from the intentional or willful or wanton misconduct of that person.
AB207,45,19 16(10) Data system. (a) The commission shall provide for the development,
17maintenance, operation, and utilization of a coordinated database and reporting
18system containing licensure, adverse action, and investigative information on all
19licensed individuals in member states.
AB207,45,2220 (b) Notwithstanding any other provision of state law to the contrary, a member
21state shall submit a uniform data set to the data system on all individuals to whom
22this compact is applicable as required by the rules of the commission, including:
AB207,45,2323 1. Identifying information;
AB207,45,2424 2. Licensure data;
AB207,45,2525 3. Adverse actions against a license or privilege to practice;
AB207,46,1
14. Nonconfidential information related to alternative program participation;
AB207,46,22 5. Any denial of application for licensure, and the reason(s) for such denial;
AB207,46,33 6. Current significant investigative information; and
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