HB1537 - Relating to the Licensed Professional Counselors Compact; authorizing fees.

  89R744 SCP-D     By: Goodwin H.B. No. 1537       A BILL TO BE ENTITLED   AN ACT   relating to the Licensed Professional Counselors Compact;   authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 503, Occupations Code, is amended by   adding Subchapter K to read as follows:   SUBCHAPTER K. LICENSED PROFESSIONAL COUNSELORS COMPACT           Sec.   503.501.     LICENSED PROFESSIONAL COUNSELORS COMPACT.   The Licensed Professional Counselors Compact is enacted and entered   into with all other jurisdictions that legally join in the compact,   which reads as follows:   LICENSED PROFESSIONAL COUNSELORS COMPACT   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, 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; or           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   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;           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 [Text truncated for display. Full text available on Congress.gov.]