SB196,34,54 (h) Once the requirements of par. (g) have been met, the licensee must meet the
5requirements in par. (a) to obtain a privilege to practice in a remote state.
SB196,34,8 6(5) Obtaining a new home state license based on a privilege to practice. (a)
7A licensed professional counselor may hold a home state license, which allows for a
8privilege to practice in other member states, in only one member state at a time.
SB196,34,109 (b) If a licensed professional counselor changes primary state of residence by
10moving between two member states:
SB196,34,1411 1. The licensed professional counselor shall file an application for obtaining a
12new home state license based on a privilege to practice, pay all applicable fees, and
13notify the current and new home state in accordance with applicable rules adopted
14by the commission.
SB196,34,1815 2. Upon receipt of an application for obtaining a new home state license by
16virtue of a privilege to practice, the new home state shall verify that the licensed
17professional counselor meets the pertinent criteria outlined in sub. (4) via the data
18system, without need for primary source verification except for:
SB196,34,2119 a. A federal bureau of investigation fingerprint based criminal background
20check if not previously performed or updated pursuant to applicable rules adopted
21by the commission in accordance with P. L. 92-544;
SB196,34,2222 b. Other criminal background check as required by the new home state; and
SB196,34,2423 c. Completion of any requisite jurisprudence requirements of the new home
24state.
SB196,35,3
13. The former home state shall convert the former home state license into a
2privilege to practice once the new home state has activated the new home state
3license in accordance with applicable rules adopted by the commission.
SB196,35,64 4. Notwithstanding any other provision of this compact, if the licensed
5professional counselor cannot meet the criteria in sub. (4), the new home state may
6apply its requirements for issuing a new single state license.
SB196,35,87 5. The licensed professional counselor shall pay all applicable fees to the new
8home state in order to be issued a new home state license.
SB196,35,129 (c) If a licensed professional counselor changes primary state of residence by
10moving from a member state to a non-member state, or from a non-member state
11to a member state, the state criteria shall apply for issuance of a single state license
12in the new state.
SB196,35,1513 (d) Nothing in this compact shall interfere with a licensee's ability to hold a
14single state license in multiple states, however for the purposes of this compact, a
15licensee shall have only one home state license.
SB196,35,1716 (e) Nothing in this compact shall affect the requirements established by a
17member state for the issuance of a single state license.
SB196,35,23 18(6) Active duty military personnel or their spouses. Active duty military
19personnel, or their spouse, shall designate a home state where the individual has a
20current license in good standing. The individual may retain the home state
21designation during the period the service member is on active duty. Subsequent to
22designating a home state, the individual shall only change their home state through
23application for licensure in the new state, or through the process outlined in sub. (5).
SB196,36,3 24(7) Compact privilege to practice telehealth. (a) Member states shall
25recognize the right of a licensed professional counselor, licensed by a home state in

1accordance with sub. (3) and under rules promulgated by the commission, to practice
2professional counseling in any member state via telehealth under a privilege to
3practice as provided in the compact and rules promulgated by the commission.
SB196,36,64 (b) A licensee providing professional counseling services in a remote state
5under the privilege to practice shall adhere to the laws and regulations of the remote
6state.
SB196,36,9 7(8) Adverse actions. (a) In addition to the other powers conferred by state law,
8a remote state shall have the authority, in accordance with existing state due process
9law, to:
SB196,36,1110 1. Take adverse action against a licensed professional counselor's privilege to
11practice within that member state; and
SB196,36,2012 2. Issue subpoenas for both hearings and investigations that require the
13attendance and testimony of witnesses as well as the production of evidence.
14Subpoenas issued by a licensing board in a member state for the attendance and
15testimony of witnesses or the production of evidence from another member state
16shall be enforced in the latter state by any court of competent jurisdiction, according
17to the practice and procedure of that court applicable to subpoenas issued in
18proceedings pending before it. The issuing authority shall pay any witness fees,
19travel expenses, mileage, and other fees required by the service statutes of the state
20in which the witnesses or evidence are located.
SB196,36,2221 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.
SB196,37,223 (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.
SB196,37,83 (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.
SB196,37,129 (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.
SB196,37,1513 (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.
SB196,37,1616 (f) Joint investigations:
SB196,37,1917 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.
SB196,37,2220 2. Member states shall share any investigative, litigation, or compliance
21materials in furtherance of any joint or individual investigation initiated under the
22compact.
SB196,38,423 (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.
SB196,38,75 (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.
SB196,38,98 (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.
SB196,38,12 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:
SB196,38,1313 1. The commission is an instrumentality of the compact states.
SB196,38,1814 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.
SB196,38,2019 3. Nothing in this compact shall be construed to be a waiver of sovereign
20immunity.
SB196,38,2221 (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.
SB196,38,2323 2. The delegate shall be either:
SB196,38,2524 a. A current member of the licensing board at the time of appointment, who is
25a licensed professional counselor or public member; or
SB196,39,1
1b. An administrator of the licensing board.
SB196,39,32 3. Any delegate may be removed or suspended from office as provided by the
3law of the state from which the delegate is appointed.
SB196,39,54 4. The member state licensing board shall fill any vacancy occurring on the
5commission within 60 days.
SB196,39,86 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.
SB196,39,119 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.
SB196,39,1312 7. The commission shall meet at least once during each calendar year.
13Additional meetings shall be held as set forth in the bylaws.
SB196,39,1514 8. The commission shall by rule establish a term of office for delegates and may
15by rule establish term limits.
SB196,39,1616 (c) The commission shall have the following powers and duties:
SB196,39,1717 1. Establish the fiscal year of the commission;
SB196,39,1818 2. Establish bylaws;
SB196,39,1919 3. Maintain its financial records in accordance with the bylaws;
SB196,39,2120 4. Meet and take such actions as are consistent with the provisions of this
21compact and the bylaws;
SB196,39,2322 5. Promulgate rules which shall be binding to the extent and in the manner
23provided for in the compact;
SB196,40,3
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;
SB196,40,44 7. Purchase and maintain insurance and bonds;
SB196,40,65 8. Borrow, accept, or contract for services of personnel, including, but not
6limited to, employees of a member state;
SB196,40,117 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;
SB196,40,1512 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;
SB196,40,1816 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;
SB196,40,2019 12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise
20dispose of any property real, personal, or mixed;
SB196,40,2121 13. Establish a budget and make expenditures;
SB196,40,2222 14. Borrow money;
SB196,41,223 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;
SB196,41,43 16. Provide and receive information from, and cooperate with, law enforcement
4agencies;
SB196,41,55 17. Establish and elect an executive committee; and
SB196,41,86 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.
SB196,41,109 (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.
SB196,41,1111 2. The executive committee shall be composed of up to 11 members:
SB196,41,1312 a. Seven voting members who are elected by the commission from the current
13membership of the commission; and
SB196,41,1514 b. Up to 4 ex officio, nonvoting members from 4 recognized national
15professional counselor organizations.
SB196,41,1616 c. The ex officio members will be selected by their respective organizations.
SB196,41,1817 3. The commission may remove any member of the executive committee as
18provided in bylaws.
SB196,41,1919 4. The executive committee shall meet at least annually.
SB196,41,2020 5. The executive committee shall have the following duties and responsibilities:
SB196,41,2321 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;
SB196,41,2524 b. Ensure compact administration services are appropriately provided,
25contractual or otherwise;
SB196,42,1
1c. Prepare and recommend the budget;
SB196,42,22 d. Maintain financial records on behalf of the commission;
SB196,42,43 e. Monitor compact compliance of member states and provide compliance
4reports to the commission;
SB196,42,55 f. Establish additional committees as necessary; and
SB196,42,66 g. Other duties as provided in rules or bylaws.
SB196,42,97 (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).
SB196,42,1210 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:
SB196,42,1313 a. Noncompliance of a member state with its obligations under the compact;
SB196,42,1614 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;
SB196,42,1717 c. Current, threatened, or reasonably anticipated litigation;
SB196,42,1918 d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
19real estate;
SB196,42,2020 e. Accusing any person of a crime or formally censuring any person;
SB196,42,2221 f. Disclosure of trade secrets or commercial or financial information that is
22privileged or confidential;
SB196,42,2423 g. Disclosure of information of a personal nature where disclosure would
24constitute a clearly unwarranted invasion of personal privacy;
SB196,42,2525 h. Disclosure of investigative records compiled for law enforcement purposes;
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