Illinois General Assembly - Full Text of HB4642
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Full Text of HB4642  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/6/2024, by Rep. Lindsey LaPointe


New Act
225 ILCS 107/12 new

    Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately.

LRB103 37884 AWJ 68015 b





HB4642LRB103 37884 AWJ 68015 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Counseling Compact Act.
6    Section 5. Counseling Compact. The State of Illinois
7enters into the Counseling Compact in substantially the
8following form with all other states joining the Compact:
10    The purpose of this Compact is to facilitate interstate
11practice of Licensed Professional Counselors with the goal of
12improving public access to Professional Counseling services.
13The practice of Professional Counseling occurs in the State
14where the client is located at the time of the counseling
15services. The Compact preserves the regulatory authority of
16States to protect public health and safety through the current
17system of State licensure.
18    This Compact is designed to achieve the following
20        A. Increase public access to Professional Counseling
21    services by providing for the mutual recognition of other
22    Member State licenses;



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1        B. Enhance the States' ability to protect the public's
2    health and safety;
3        C. Encourage the cooperation of Member States in
4    regulating multistate practice for Licensed Professional
5    Counselors;
6        D. Support spouses of relocating Active Duty Military
7    personnel;
8        E. Enhance the exchange of licensure, investigative,
9    and disciplinary information among Member States;
10        F. Allow for the use of Telehealth technology to
11    facilitate increased access to Professional Counseling
12    services;
13        G. Support the uniformity of Professional Counseling
14    licensure requirements throughout the States to promote
15    public safety and public health benefits;
16        H. Invest all Member States with the authority to hold
17    a Licensed Professional Counselor accountable for meeting
18    all State practice laws in the State in which the client is
19    located at the time care is rendered through the mutual
20    recognition of Member State licenses;
21        I. Eliminate the necessity for licenses in multiple
22    States; and
23        J. Provide opportunities for interstate practice by
24    Licensed Professional Counselors who meet uniform
25    licensure requirements.



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2    As used in this Compact, and except as otherwise provided,
3the following definitions apply:
4    A. "Active Duty Military" means full-time duty status in
5the active uniformed service of the United States, including
6members of the National Guard and Reserve on active duty
7orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
8    B. "Adverse Action" means any administrative, civil,
9equitable or criminal action permitted by a State's laws which
10is imposed by a licensing board or other authority against a
11Licensed Professional Counselor, including actions against an
12individual's license or Privilege to Practice such as
13revocation, suspension, probation, monitoring of the licensee,
14limitation on the licensee's practice, or any other
15Encumbrance on licensure affecting a Licensed Professional
16Counselor's authorization to practice, including issuance of a
17cease and desist action.
18    C. "Alternative Program" means a non-disciplinary
19monitoring or practice remediation process approved by a
20Professional Counseling Licensing Board to address Impaired
22    D. "Continuing Competence/Education" means a requirement,
23as a condition of license renewal, to provide evidence of
24completion of educational and professional activities relevant
25to practice or area of work.
26    E. "Counseling Compact Commission" or "Commission" means



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1the national administrative body whose membership consists of
2all States that have enacted the Compact.
3    F. "Current Significant Investigative Information" means:
4        1. Investigative Information that a Licensing Board,
5    after a preliminary inquiry that includes notification and
6    an opportunity for the Licensed Professional Counselor to
7    respond, if required by State law, has reason to believe
8    is not groundless and, if proved true, would indicate more
9    than a minor infraction; or
10        2. Investigative Information that indicates that the
11    Licensed Professional Counselor represents an immediate
12    threat to public health and safety regardless of whether
13    the Licensed Professional Counselor has been notified and
14    had an opportunity to respond.
15    G. "Data System" means a repository of information about
16Licensees, including, but not limited to, continuing
17education, examination, licensure, investigative, Privilege to
18Practice and Adverse Action information.
19    H. "Encumbered License" means a license in which an
20Adverse Action restricts the practice of licensed Professional
21Counseling by the Licensee and said Adverse Action has been
22reported to the National Practitioner Data Bank (NPDB).
23    I. "Encumbrance" means a revocation or suspension of, or
24any limitation on, the full and unrestricted practice of
25Licensed Professional Counseling by a Licensing Board.
26    J. "Executive Committee" means a group of directors



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1elected or appointed to act on behalf of, and within the powers
2granted to them by, the Commission.
3    K. "Home State" means the Member State that is the
4Licensee's primary State of residence.
5    L. "Impaired Practitioner" means an individual who has a
6condition(s) that may impair the individual's ability to
7practice as a Licensed Professional Counselor without some
8type of intervention and may include, but are not limited to,
9alcohol and drug dependence, mental health impairment, and
10neurological or physical impairments.
11    M. "Investigative Information" means information, records,
12and documents received or generated by a Professional
13Counseling Licensing Board pursuant to an investigation.
14    N. "Jurisprudence Requirement" if required by a Member
15State, means the assessment of an individual's knowledge of
16the laws and Rules governing the practice of Professional
17Counseling in a State.
18    O. "Licensed Professional Counselor" means a counselor
19licensed by a Member State, regardless of the title used by
20that State, to independently assess, diagnose, and treat
21behavioral health conditions.
22    P. "Licensee" means an individual who currently holds an
23authorization from the State to practice as a Licensed
24Professional Counselor.
25    Q. "Licensing Board" means the agency of a State, or
26equivalent, that is responsible for the licensing and



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1regulation of Licensed Professional Counselors.
2    R. "Member State" means a State that has enacted the
4    S. "Privilege to Practice" means a legal authorization,
5which is equivalent to a license, permitting the practice of
6Professional Counseling in a Remote State.
7    T. "Professional Counseling" means the assessment,
8diagnosis, and treatment of behavioral health conditions by a
9Licensed Professional Counselor.
10    U. "Remote State" means a Member State other than the Home
11State, where a Licensee is exercising or seeking to exercise
12the Privilege to Practice.
13    V. "Rule" means a regulation promulgated by the Commission
14that has the force of law.
15    W. "Single State License" means a Licensed Professional
16Counselor license issued by a Member State that authorizes
17practice only within the issuing State and does not include a
18Privilege to Practice in any other Member State.
19    X. "State" means any state, commonwealth, district, or
20territory of the United States of America that regulates the
21practice of Professional Counseling.
22    Y. "Telehealth" means the application of telecommunication
23technology to deliver Professional Counseling services
24remotely to assess, diagnose, and treat behavioral health
26    Z. "Unencumbered License" means a license that authorizes



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1a Licensed Professional Counselor to engage in the full and
2unrestricted practice of Professional Counseling.
4    A. To Participate in the Compact, a State must currently:
5        1. License and regulate Licensed Professional
6    Counselors;
7        2. Require Licensees to pass a nationally recognized
8    exam approved by the Commission;
9        3. Require Licensees to have a 60 semester-hour (or 90
10    quarter-hour) master's degree in counseling or 60 semester
11    hours (or 90 quarter hours) of graduate coursework
12    including the following topic areas:
13            a. Professional Counseling Orientation and Ethical
14        Practice;
15            b. Social and Cultural Diversity;
16            c. Human Growth and Development;
17            d. Career Development;
18            e. Counseling and Helping Relationships;
19            f. Group Counseling and Group Work;
20            g. Diagnosis and Treatment;
21            h. Assessment and Testing;
22            i. Research and Program Evaluation; and
23            j. Other areas as determined by the Commission.
24        4. Require Licensees to complete a supervised
25    postgraduate professional experience as defined by the



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1    Commission;
2        5. Have a mechanism in place for receiving and
3    investigating complaints about Licensees.
4    B. A Member State shall:
5        1. Participate fully in the Commission's Data System,
6    including using the Commission's unique identifier as
7    defined in Rules;
8        2. Notify the Commission, in compliance with the terms
9    of the Compact and Rules, of any Adverse Action or the
10    availability of Investigative Information regarding a
11    Licensee;
12        3. Implement or utilize procedures for considering the
13    criminal history records of applicants for an initial
14    Privilege to Practice. These procedures shall include the
15    submission of fingerprints or other biometric-based
16    information by applicants for the purpose of obtaining an
17    applicant's criminal history record information from the
18    Federal Bureau of Investigation and the agency responsible
19    for retaining that State's criminal records;
20            a. A Member State must fully implement a criminal
21        background check requirement, within a time frame
22        established by rule, by receiving the results of the
23        Federal Bureau of Investigation record search and
24        shall use the results in making licensure decisions.
25            b. Communication between a Member State, the
26        Commission and among Member States regarding the



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1        verification of eligibility for licensure through the
2        Compact shall not include any information received
3        from the Federal Bureau of Investigation relating to a
4        federal criminal records check performed by a Member
5        State under Public Law 92-544.
6            c. A Licensing Board may conduct national
7        background checks by submitting fingerprints to the
8        Federal Bureau of Investigation through the Member
9        State's statewide policing authority. However, reports
10        from the background checks may not be shared with
11        entities outside of the Member State. Applicants shall
12        be responsible for all fees associated with the
13        performance of the background checks.
14        4. Comply with the Rules of the Commission;
15        5. Require an applicant to obtain or retain a license
16    in the Home State and meet the Home State's qualifications
17    for licensure or renewal of licensure, as well as all
18    other applicable State laws;
19        6. Grant the Privilege to Practice to a Licensee
20    holding a valid Unencumbered License in another Member
21    State in accordance with the terms of the Compact and
22    Rules; and
23        7. Provide for the attendance of the State's
24    commissioner to the Counseling Compact Commission
25    meetings.
26    C. Member States may charge a fee for granting the



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1Privilege to Practice.
2    D. Individuals not residing in a Member State shall
3continue to be able to apply for a Member State's Single State
4License as provided under the laws of each Member State.
5However, the Single State License granted to these individuals
6shall not be recognized as granting a Privilege to Practice
7Professional Counseling in any other Member State.
8    E. Nothing in this Compact shall affect the requirements
9established by a Member State for the issuance of a Single
10State License.
11    F. A license issued to a Licensed Professional Counselor
12by a Home State to a resident in that State shall be recognized
13by each Member State as authorizing a Licensed Professional
14Counselor to practice Professional Counseling, under a
15Privilege to Practice, in each Member State.
17    A. To exercise the Privilege to Practice under the terms
18and provisions of the Compact, the Licensee shall:
19        1. Hold a license in the Home State;
20        2. Have a valid United States social security number
21    or National Provider Identifier;
22        3. Be eligible for a Privilege to Practice in any
23    Member State in accordance with Section 4(D), (G) and (H);
24        4. Have not had any Encumbrance or restriction against
25    any license or Privilege to Practice within the previous 2



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1    years;
2        5. Notify the Commission that the Licensee is seeking
3    the Privilege to Practice within a Remote State(s);
4        6. Pay any applicable fees, including any State fee,
5    for the Privilege to Practice;
6        7. Meet any Continuing Competence/Education
7    requirements established by the Home State;
8        8. Meet any Jurisprudence Requirements established by
9    the Remote State(s) in which the Licensee is seeking a
10    Privilege to Practice; and
11        9. Report to the Commission any Adverse Action,
12    Encumbrance, or restriction on a license taken by any
13    non-Member State within 30 days from the date the action
14    is taken.
15    B. The Privilege to Practice is valid until the expiration
16date of the Home State license. The Licensee must comply with
17the requirements of Section 4(A) to maintain the Privilege to
18Practice in the Remote State.
19    C. A Licensee providing Professional Counseling in a
20Remote State under the Privilege to Practice shall adhere to
21the laws and regulations of the Remote State.
22    D. A Licensee providing Professional Counseling services
23in a Remote State is subject to that State's regulatory
24authority. A Remote State may, in accordance with due process
25and that State's laws, remove a Licensee's Privilege to
26Practice in the Remote State for a specific period of time,



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1impose fines, or take any other necessary actions to protect
2the health and safety of its citizens. The Licensee may be
3ineligible for a Privilege to Practice in any Member State
4until the specific time for removal has passed and all fines
5are paid.
6    E. If a Home State license is encumbered, the Licensee
7shall lose the Privilege to Practice in any Remote State until
8the following occur:
9        1. The Home State license is no longer encumbered; and
10        2. The licensee has not had any Encumbrance or
11    restriction against any license or Privilege to Practice
12    within the previous 2 years.
13    F. Once an Encumbered License in the Home State is
14restored to good standing, the Licensee must meet the
15requirements of Section 4(A) to obtain a Privilege to Practice
16in any Remote State.
17    G. If a Licensee's Privilege to Practice in any Remote
18State is removed, the individual may lose the Privilege to
19Practice in all other Remote States until the following occur:
20        1. The specific period of time for which the Privilege
21    to Practice was removed has ended;
22        2. The licensee has paid all fines that have been
23    imposed; and
24        3. The licensee has not had any Encumbrance or
25    restriction against any license or Privilege to Practice
26    within the previous 2 years.



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1    H. Once the requirements of Section 4(G) have been met,
2the Licensee must meet the requirements in Section 4(A) to
3obtain a Privilege to Practice in a Remote State.
6    A. A Licensed Professional Counselor may hold a Home State
7license, which allows for a Privilege to Practice in other
8Member States, in only one Member State at a time.
9    B. If a Licensed Professional Counselor changes primary
10State of residence by moving between two Member States:
11        1. The Licensed Professional Counselor shall file an
12    application for obtaining a new Home State license based
13    on a Privilege to Practice, pay all applicable fees, and
14    notify the current and new Home State in accordance with
15    applicable Rules adopted by the Commission.
16        2. Upon receipt of an application for obtaining a new
17    Home State license by virtue of a Privilege to Practice,
18    the new Home State shall verify that the Licensed
19    Professional Counselor meets the pertinent criteria
20    outlined in Section 4 via the Data System without need for
21    primary source verification except for:
22            a. a Federal Bureau of Investigation
23        fingerprint-based criminal background check if not
24        previously performed or updated pursuant to applicable
25        rules adopted by the Commission in accordance with



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1        Public Law 92-544;
2            b. other criminal background check as required by
3        the new Home State; and
4            c. completion of any requisite Jurisprudence
5        Requirements of the new Home State.
6        3. The former Home State shall convert the former Home
7    State license into a Privilege to Practice once the new
8    Home State has activated the new Home State license in
9    accordance with applicable Rules adopted by the
10    Commission.
11        4. Notwithstanding any other provision of this
12    Compact, if the Licensed Professional Counselor cannot
13    meet the criteria in Section 4, the new Home State may
14    apply its requirements for issuing a new Single State
15    License.
16        5. The Licensed Professional Counselor shall pay all
17    applicable fees to the new Home State in order to be issued
18    a new Home State license.
19    C. If a Licensed Professional Counselor changes Primary
20State of Residence by moving from a Member State to a
21non-Member State, or from a non-Member State to a Member
22State, the State criteria shall apply for issuance of a Single
23State License in the new State.
24    D. Nothing in this Compact shall interfere with a
25Licensee's ability to hold a Single State License in multiple
26States. However, for the purposes of this Compact, a Licensee



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1shall have only one Home State license.
2    E. Nothing in this Compact shall affect the requirements
3established by a Member State for the issuance of a Single
4State License.
6    Active Duty Military personnel, or their spouse, shall
7designate a Home State where the individual has a current
8license in good standing. The individual may retain the Home
9State designation during the period the service member is on
10active duty. Subsequent to designating a Home State, the
11individual shall only change their Home State through
12application for licensure in the new State, or through the
13process outlined in Section 5.
15    A. Member States shall recognize the right of a Licensed
16Professional Counselor, licensed by a Home State in accordance
17with Section 3 and under Rules promulgated by the Commission,
18to practice Professional Counseling in any Member State via
19Telehealth under a Privilege to Practice as provided in the
20Compact and Rules promulgated by the Commission.
21    B. A Licensee providing Professional Counseling services
22in a Remote State under the Privilege to Practice shall adhere
23to the laws and regulations of the Remote State.



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2    A. In addition to the other powers conferred by State law,
3a Remote State shall have the authority, in accordance with
4existing State due process law, to:
5        1. Take Adverse Action against a Licensed Professional
6    Counselor's Privilege to Practice within that Member
7    State; and
8        2. Issue subpoenas for both hearings and
9    investigations that require the attendance and testimony
10    of witnesses as well as the production of evidence.
11    Subpoenas issued by a Licensing Board in a Member State
12    for the attendance and testimony of witnesses or the
13    production of evidence from another Member State shall be
14    enforced in the latter State by any court of competent
15    jurisdiction, according to the practice and procedure of
16    that court applicable to subpoenas issued in proceedings
17    pending before it. The issuing authority shall pay any
18    witness fees, travel expenses, mileage, and other fees
19    required by the service statutes of the State in which the
20    witnesses or evidence are located.
21    Only the Home State shall have the power to take Adverse
22Action against a Licensed Professional Counselor's license
23issued by the Home State.
24    B. For purposes of taking Adverse Action, the Home State
25shall give the same priority and effect to reported conduct
26received from a Member State as it would if the conduct had



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1occurred within the Home State. In so doing, the Home State
2shall apply its own State laws to determine appropriate
4    C. The Home State shall complete any pending
5investigations of a Licensed Professional Counselor who
6changes primary State of residence during the course of the
7investigations. The Home State shall also have the authority
8to take appropriate action(s) and shall promptly report the
9conclusions of the investigations to the administrator of the
10Data System. The administrator of the coordinated licensure
11information system shall promptly notify the new Home State of
12any Adverse Actions.
13    D. A Member State, if otherwise permitted by State law,
14may recover from the affected Licensed Professional Counselor
15the costs of investigations and dispositions of cases
16resulting from any Adverse Action taken against that Licensed
17Professional Counselor.
18    E. A Member State may take Adverse Action based on the
19factual findings of the Remote State, provided that the Member
20State follows its own procedures for taking the Adverse
22    F. Joint Investigations:
23        1. In addition to the authority granted to a Member
24    State by its respective Professional Counseling practice
25    act or other applicable State law, any Member State may
26    participate with other Member States in joint



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1    investigations of Licensees.
2        2. Member States shall share any investigative,
3    litigation, or compliance materials in furtherance of any
4    joint or individual investigation initiated under the
5    Compact.
6    G. If Adverse Action is taken by the Home State against the
7license of a Licensed Professional Counselor, the Licensed
8Professional Counselor's Privilege to Practice in all other
9Member States shall be deactivated until all Encumbrances have
10been removed from the State license. All Home State
11disciplinary orders that impose Adverse Action against the
12license of a Licensed Professional Counselor shall include a
13Statement that the Licensed Professional Counselor's Privilege
14to Practice is deactivated in all Member States during the
15pendency of the order.
16    H. If a Member State takes Adverse Action, it shall
17promptly notify the administrator of the Data System. The
18administrator of the Data System shall promptly notify the
19Home State of any Adverse Actions by Remote States.
20    I. Nothing in this Compact shall override a Member State's
21decision that participation in an Alternative Program may be
22used in lieu of Adverse Action.
24    A. The Compact Member States hereby create and establish a
25joint public agency known as the Counseling Compact



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2        1. The Commission is an instrumentality of the Compact
3    States.
4        2. Venue is proper and judicial proceedings by or
5    against the Commission shall be brought solely and
6    exclusively in a court of competent jurisdiction where the
7    principal office of the Commission is located. The
8    Commission may waive venue and jurisdictional defenses to
9    the extent it adopts or consents to participate in
10    alternative dispute resolution proceedings.
11        3. Nothing in this Compact shall be construed to be a
12    waiver of sovereign immunity.
13    B. Membership, Voting, and Meetings
14        1. Each Member State shall have and be limited to one
15    delegate selected by that Member State's Licensing Board.
16        2. The delegate shall be either:
17            a. A current member of the Licensing Board at the
18        time of appointment, who is a Licensed Professional
19        Counselor or public member; or
20            b. An administrator of the Licensing Board.
21        3. Any delegate may be removed or suspended from
22    office as provided by the law of the State from which the
23    delegate is appointed.
24        4. The Member State Licensing Board shall fill any
25    vacancy occurring on the Commission within 60 days.
26        5. Each delegate shall be entitled to one vote with



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1    regard to the promulgation of Rules and creation of bylaws
2    and shall otherwise have an opportunity to participate in
3    the business and affairs of the Commission.
4        6. A delegate shall vote in person or by such other
5    means as provided in the bylaws. The bylaws may provide
6    for delegates' participation in meetings by telephone or
7    other means of communication.
8        7. The Commission shall meet at least once during each
9    calendar year. Additional meetings shall be held as set
10    forth in the bylaws.
11        8. The Commission shall by Rule establish a term of
12    office for delegates and may by Rule establish term
13    limits.
14    C. The Commission shall have the following powers and
16        1. Establish the fiscal year of the Commission;
17        2. Establish bylaws;
18        3. Maintain its financial records in accordance with
19    the bylaws;
20        4. Meet and take such actions as are consistent with
21    the provisions of this Compact and the bylaws;
22        5. Promulgate Rules which shall be binding to the
23    extent and in the manner provided for in the Compact;
24        6. Bring and prosecute legal proceedings or actions in
25    the name of the Commission, provided that the standing of
26    any State Licensing Board to sue or be sued under



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1    applicable law shall not be affected;
2        7. Purchase and maintain insurance and bonds;
3        8. Borrow, accept, or contract for services of
4    personnel, including, but not limited to, employees of a
5    Member State;
6        9. Hire employees, elect or appoint officers, fix
7    compensation, define duties, grant such individuals
8    appropriate authority to carry out the purposes of the
9    Compact, and establish the Commission's personnel policies
10    and programs relating to conflicts of interest,
11    qualifications of personnel, and other related personnel
12    matters;
13        10. Accept any and all appropriate donations and
14    grants of money, equipment, supplies, materials, and
15    services, and to receive, utilize, and dispose of the
16    same; provided that at all times the Commission shall
17    avoid any appearance of impropriety or conflict of
18    interest;
19        11. Lease, purchase, accept appropriate gifts or
20    donations of, or otherwise to own, hold, improve or use,
21    any property, real, personal or mixed; provided that at
22    all times the Commission shall avoid any appearance of
23    impropriety;
24        12. Sell, convey, mortgage, pledge, lease, exchange,
25    abandon, or otherwise dispose of any property real,
26    personal, or mixed;



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1        13. Establish a budget and make expenditures;
2        14. Borrow money;
3        15. Appoint committees, including standing committees
4    composed of members, State regulators, State legislators
5    or their representatives, consumer representatives, and
6    such other interested persons as may be designated in this
7    Compact and the bylaws;
8        16. Provide and receive information from, and
9    cooperate with, law enforcement agencies;
10        17. Establish and elect an Executive Committee; and
11        18. Perform such other functions as may be necessary
12    or appropriate to achieve the purposes of this Compact
13    consistent with the State regulation of Professional
14    Counseling licensure and practice.
15    D. The Executive Committee
16        1. The Executive Committee shall have the power to act
17    on behalf of the Commission according to the terms of this
18    Compact.
19        2. The Executive Committee shall be composed of up to
20    11 members:
21            a. Seven voting members who are elected by the
22        Commission from the current membership of the
23        Commission; and
24            b. Up to 4 ex officio, nonvoting members from 4
25        recognized national professional counselor
26        organizations.



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1            c. The ex officio members will be selected by
2        their respective organizations.
3        3. The Commission may remove any member of the
4    Executive Committee as provided in bylaws.
5        4. The Executive Committee shall meet at least
6    annually.
7        5. The Executive Committee shall have the following
8    duties and responsibilities:
9            a. Recommend to the entire Commission changes to
10        the Rules or bylaws, changes to this Compact
11        legislation, fees paid by Compact Member States such
12        as annual dues, and any Commission Compact fee charged
13        to Licensees for the Privilege to Practice;
14            b. Ensure Compact administration services are
15        appropriately provided, contractual or otherwise;
16            c. Prepare and recommend the budget;
17            d. Maintain financial records on behalf of the
18        Commission;
19            e. Monitor Compact compliance of Member States and
20        provide compliance reports to the Commission;
21            f. Establish additional committees as necessary;
22        and
23            g. Perform other duties as provided in Rules or
24        bylaws.
25    E. Meetings of the Commission
26        1. All meetings shall be open to the public, and



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1    public notice of meetings shall be given in the same
2    manner as required under the Rulemaking provisions in
3    Section 11.
4        2. The Commission or the Executive Committee or other
5    committees of the Commission may convene in a closed,
6    nonpublic meeting if the Commission or Executive Committee
7    or other committees of the Commission must discuss:
8            a. Noncompliance of a Member State with its
9        obligations under the Compact;
10            b. The employment, compensation, discipline or
11        other matters, practices or procedures related to
12        specific employees or other matters related to the
13        Commission's internal personnel practices and
14        procedures;
15            c. Current, threatened, or reasonably anticipated
16        litigation;
17            d. Negotiation of contracts for the purchase,
18        lease, or sale of goods, services, or real estate;
19            e. Accusing any person of a crime or formally
20        censuring any person;
21            f. Disclosure of trade secrets or commercial or
22        financial information that is privileged or
23        confidential;
24            g. Disclosure of information of a personal nature
25        where disclosure would constitute a clearly
26        unwarranted invasion of personal privacy;



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1            h. Disclosure of investigative records compiled
2        for law enforcement purposes;
3            i. Disclosure of information related to any
4        investigative reports prepared by or on behalf of or
5        for use of the Commission or other committee charged
6        with responsibility of investigation or determination
7        of compliance issues pursuant to the Compact; or
8            j. Matters specifically exempted from disclosure
9        by federal or Member State statute.
10        3. If a meeting, or portion of a meeting, is closed
11    pursuant to this provision, the Commission's legal counsel
12    or designee shall certify that the meeting may be closed
13    and shall reference each relevant exempting provision.
14        4. The Commission shall keep minutes that fully and
15    clearly describe all matters discussed in a meeting and
16    shall provide a full and accurate summary of actions
17    taken, and the reasons therefor, including a description
18    of the views expressed. All documents considered in
19    connection with an action shall be identified in such
20    minutes. All minutes and documents of a closed meeting
21    shall remain under seal, subject to release by a majority
22    vote of the Commission or order of a court of competent
23    jurisdiction.
24    F. Financing of the Commission
25        1. The Commission shall pay, or provide for the
26    payment of, the reasonable expenses of its establishment,



HB4642- 26 -LRB103 37884 AWJ 68015 b

1    organization, and ongoing activities.
2        2. The Commission may accept any and all appropriate
3    revenue sources, donations, and grants of money,
4    equipment, supplies, materials, and services.
5        3. The Commission may levy on and collect an annual
6    assessment from each Member State or impose fees on other
7    parties to cover the cost of the operations and activities
8    of the Commission and its staff, which must be in a total
9    amount sufficient to cover its annual budget as approved
10    each year for which revenue is not provided by other
11    sources. The aggregate annual assessment amount shall be
12    allocated based upon a formula to be determined by the
13    Commission, which shall promulgate a Rule binding upon all
14    Member States.
15        4. The Commission shall not incur obligations of any
16    kind prior to securing the funds adequate to meet the
17    same; nor shall the Commission pledge the credit of any of
18    the Member States, except by and with the authority of the
19    Member State.
20        5. The Commission shall keep accurate accounts of all
21    receipts and disbursements. The receipts and disbursements
22    of the Commission shall be subject to the audit and
23    accounting procedures established under its bylaws.
24    However, all receipts and disbursements of funds handled
25    by the Commission shall be audited yearly by a certified
26    or licensed public accountant, and the report of the audit



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1    shall be included in and become part of the annual report
2    of the Commission.
3    G. Qualified Immunity, Defense, and Indemnification
4        1. The members, officers, executive director,
5    employees and representatives of the Commission shall be
6    immune from suit and liability, either personally or in
7    their official capacity, for any claim for damage to or
8    loss of property or personal injury or other civil
9    liability caused by or arising out of any actual or
10    alleged act, error or omission that occurred, or that the
11    person against whom the claim is made had a reasonable
12    basis for believing occurred within the scope of
13    Commission employment, duties or responsibilities;
14    provided that nothing in this paragraph shall be construed
15    to protect any such person from suit or liability for any
16    damage, loss, injury, or liability caused by the
17    intentional, willful, or wanton misconduct of that person.
18        2. The Commission shall defend any member, officer,
19    executive director, employee or representative of the
20    Commission in any civil action seeking to impose liability
21    arising out of any actual or alleged act, error, or
22    omission that occurred within the scope of Commission
23    employment, duties, or responsibilities, or that the
24    person against whom the claim is made had a reasonable
25    basis for believing occurred within the scope of
26    Commission employment, duties, or responsibilities;



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1    provided that nothing herein shall be construed to
2    prohibit that person from retaining his or her own
3    counsel; and provided further, that the actual or alleged
4    act, error, or omission did not result from that person's
5    intentional, willful, or wanton misconduct.
6        3. The Commission shall indemnify and hold harmless
7    any member, officer, executive director, employee, or
8    representative of the Commission for the amount of any
9    settlement or judgment obtained against that person
10    arising out of any actual or alleged act, error, or
11    omission that occurred within the scope of Commission
12    employment, duties, or responsibilities, or that such
13    person had a reasonable basis for believing occurred
14    within the scope of Commission employment, duties, or
15    responsibilities, provided that the actual or alleged act,
16    error, or omission did not result from the intentional,
17    willful, or wanton misconduct of that person.
19    A. The Commission shall provide for the development,
20maintenance, operation, and utilization of a coordinated
21database and reporting system containing licensure, Adverse
22Action, and Investigative Information on all licensed
23individuals in Member States.
24    B. Notwithstanding any other provision of State law to the
25contrary, a Member State shall submit a uniform data set to the



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1Data System on all individuals to whom this Compact is
2applicable, as required by the Rules of the Commission,
4        1. Identifying information;
5        2. Licensure data;
6        3. Adverse Actions against a license or Privilege to
7    Practice;
8        4. Non-confidential information related to Alternative
9    Program participation;
10        5. Any denial of application for licensure, and the
11    reason(s) for such denial;
12        6. Current Significant Investigative Information; and
13        7. Other information that may facilitate the
14    administration of this Compact, as determined by the Rules
15    of the Commission.
16    C. Investigative Information pertaining to a Licensee in
17any Member State will only be available to other Member
19    D. The Commission shall promptly notify all Member States
20of any Adverse Action taken against a Licensee or an
21individual applying for a license. Adverse Action information
22pertaining to a Licensee in any Member State will be available
23to any other Member State.
24    E. Member States contributing information to the Data
25System may designate information that may not be shared with
26the public without the express permission of the contributing



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2    F. Any information submitted to the Data System that is
3subsequently required to be expunged by the laws of the Member
4State contributing the information shall be removed from the
5Data System.
7    A. The Commission shall promulgate reasonable Rules in
8order to effectively and efficiently achieve the purpose of
9the Compact. Notwithstanding the foregoing, in the event the
10Commission exercises its Rulemaking authority in a manner that
11is beyond the scope of the purposes of the Compact, or the
12powers granted hereunder, then such an action by the
13Commission shall be invalid and have no force or effect.
14    B. The Commission shall exercise its Rulemaking powers
15pursuant to the criteria set forth in this Section and the
16Rules adopted thereunder. Rules and amendments shall become
17binding as of the date specified in each Rule or amendment.
18    C. If a majority of the legislatures of the Member States
19rejects a Rule, by enactment of a statute or resolution in the
20same manner used to adopt the Compact within 4 years of the
21date of adoption of the Rule, then such Rule shall have no
22further force and effect in any Member State.
23    D. Rules or amendments to the Rules shall be adopted at a
24regular or special meeting of the Commission.
25    E. Prior to promulgation and adoption of a final Rule or



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1Rules by the Commission, and at least 30 days in advance of the
2meeting at which the Rule will be considered and voted upon,
3the Commission shall file a Notice of Proposed Rulemaking:
4        1. On the website of the Commission or other publicly
5    accessible platform; and
6        2. On the website of each Member State Professional
7    Counseling Licensing Board or other publicly accessible
8    platform or the publication in which each State would
9    otherwise publish proposed Rules.
10    F. The Notice of Proposed Rulemaking shall include:
11        1. The proposed time, date, and location of the
12    meeting in which the Rule will be considered and voted
13    upon;
14        2. The text of the proposed Rule or amendment and the
15    reason for the proposed Rule;
16        3. A request for comments on the proposed Rule from
17    any interested person; and
18        4. The manner in which interested persons may submit
19    notice to the Commission of their intention to attend the
20    public hearing and any written comments.
21    G. Prior to adoption of a proposed Rule, the Commission
22shall allow persons to submit written data, facts, opinions,
23and arguments, which shall be made available to the public.
24    H. The Commission shall grant an opportunity for a public
25hearing before it adopts a Rule or amendment if a hearing is
26requested by:



HB4642- 32 -LRB103 37884 AWJ 68015 b

1        1. At least 25 persons;
2        2. A State or federal governmental subdivision or
3    agency; or
4        3. An association having at least 25 members.
5    I. If a hearing is held on the proposed Rule or amendment,
6the Commission shall publish the place, time, and date of the
7scheduled public hearing. If the hearing is held via
8electronic means, the Commission shall publish the mechanism
9for access to the electronic hearing.
10        1. All persons wishing to be heard at the hearing
11    shall notify the executive director of the Commission or
12    other designated member in writing of their desire to
13    appear and testify at the hearing not less than 5 business
14    days before the scheduled date of the hearing.
15        2. Hearings shall be conducted in a manner providing
16    each person who wishes to comment a fair and reasonable
17    opportunity to comment orally or in writing.
18        3. All hearings will be recorded. A copy of the
19    recording will be made available on request.
20        4. Nothing in this section shall be construed as
21    requiring a separate hearing on each Rule. Rules may be
22    grouped for the convenience of the Commission at hearings
23    required by this section.
24    J. Following the scheduled hearing date, or by the close
25of business on the scheduled hearing date if the hearing was
26not held, the Commission shall consider all written and oral



HB4642- 33 -LRB103 37884 AWJ 68015 b

1comments received.
2    K. If no written notice of intent to attend the public
3hearing by interested parties is received, the Commission may
4proceed with promulgation of the proposed Rule without a
5public hearing.
6    L. The Commission shall, by majority vote of all members,
7take final action on the proposed Rule and shall determine the
8effective date of the Rule, if any, based on the Rulemaking
9record and the full text of the Rule.
10    M. Upon determination that an emergency exists, the
11Commission may consider and adopt an emergency Rule without
12prior notice, opportunity for comment, or hearing, provided
13that the usual Rulemaking procedures provided in the Compact
14and in this section shall be retroactively applied to the Rule
15as soon as reasonably possible, in no event later than 90 days
16after the effective date of the Rule. For the purposes of this
17provision, an emergency Rule is one that must be adopted
18immediately in order to:
19        1. Meet an imminent threat to public health, safety,
20    or welfare;
21        2. Prevent a loss of Commission or Member State funds;
22        3. Meet a deadline for the promulgation of an
23    administrative Rule that is established by federal law or
24    Rule; or
25        4. Protect public health and safety.
26    N. The Commission or an authorized committee of the



HB4642- 34 -LRB103 37884 AWJ 68015 b

1Commission may direct revisions to a previously adopted Rule
2or amendment for purposes of correcting typographical errors,
3errors in format, errors in consistency, or grammatical
4errors. Public notice of any revision shall be posted on the
5website of the Commission. The revision shall be subject to
6challenge by any person for a period of 30 days after posting.
7The revision may be challenged only on grounds that the
8revision results in a material change to a Rule. A challenge
9shall be made in writing and delivered to the chair of the
10Commission prior to the end of the notice period. If no
11challenge is made, the revision will take effect without
12further action. If the revision is challenged, the revision
13may not take effect without the approval of the Commission.
15    A. Oversight
16        1. The executive, legislative, and judicial branches
17    of State government in each Member State shall enforce
18    this Compact and take all actions necessary and
19    appropriate to effectuate the Compact's purposes and
20    intent. The provisions of this Compact and the Rules
21    promulgated hereunder shall have standing as statutory
22    law.
23        2. All courts shall take judicial notice of the
24    Compact and the Rules in any judicial or administrative
25    proceeding in a Member State pertaining to the subject



HB4642- 35 -LRB103 37884 AWJ 68015 b

1    matter of this Compact which may affect the powers,
2    responsibilities, or actions of the Commission.
3        3. The Commission shall be entitled to receive service
4    of process in any such proceeding and shall have standing
5    to intervene in such a proceeding for all purposes.
6    Failure to provide service of process to the Commission
7    shall render a judgment or order void as to the
8    Commission, this Compact, or promulgated Rules.
9    B. Default, Technical Assistance, and Termination
10        1. If the Commission determines that a Member State
11    has defaulted in the performance of its obligations or
12    responsibilities under this Compact or the promulgated
13    Rules, the Commission shall:
14            a. Provide written notice to the defaulting State
15        and other Member States of the nature of the default,
16        the proposed means of curing the default or any other
17        action to be taken by the Commission; and
18            b. Provide remedial training and specific
19        technical assistance regarding the default.
20    C. If a Member State in default fails to cure the default,
21the defaulting Member State may be terminated from the Compact
22upon an affirmative vote of a majority of the Member States,
23and all rights, privileges and benefits conferred by this
24Compact may be terminated on the effective date of
25termination. A cure of the default does not relieve the
26offending Member State of obligations or liabilities incurred



HB4642- 36 -LRB103 37884 AWJ 68015 b

1during the period of default.
2    D. Termination of membership in the Compact shall be
3imposed only after all other means of securing compliance have
4been exhausted. Notice of intent to suspend or terminate shall
5be given by the Commission to the governor, the majority and
6minority leaders of the defaulting State's legislature, and
7each of the Member States.
8    E. A Member State that has been terminated is responsible
9for all assessments, obligations, and liabilities incurred
10through the effective date of termination, including
11obligations that extend beyond the effective date of
13    F. The Commission shall not bear any costs related to a
14Member State that is found to be in default or that has been
15terminated from the Compact, unless agreed upon in writing
16between the Commission and the defaulting Member State.
17    G. The defaulting Member State may appeal the action of
18the Commission by petitioning the U.S. District Court for the
19District of Columbia or the federal district where the
20Commission has its principal offices. The prevailing Member
21State shall be awarded all costs of such litigation, including
22reasonable attorney's fees.
23    H. Dispute Resolution
24        1. Upon request by a Member State, the Commission
25    shall attempt to resolve disputes related to the Compact
26    that arise among Member States and between Member and



HB4642- 37 -LRB103 37884 AWJ 68015 b

1    non-Member States.
2        2. The Commission shall promulgate a Rule providing
3    for both mediation and binding dispute resolution for
4    disputes as appropriate.
5    I. Enforcement
6        1. The Commission, in the reasonable exercise of its
7    discretion, shall enforce the provisions and Rules of this
8    Compact.
9        2. By majority vote, the Commission may initiate legal
10    action in the United States District Court for the
11    District of Columbia or the federal district where the
12    Commission has its principal offices against a Member
13    State in default to enforce compliance with the provisions
14    of the Compact and its promulgated Rules and bylaws. The
15    relief sought may include both injunctive relief and
16    damages. In the event judicial enforcement is necessary,
17    the prevailing member shall be awarded all costs of such
18    litigation, including reasonable attorney's fees.
19        3. The remedies herein shall not be the exclusive
20    remedies of the Commission. The Commission may pursue any
21    other remedies available under federal or State law.
25    A. The Compact shall come into effect on the date on which



HB4642- 38 -LRB103 37884 AWJ 68015 b

1the Compact statute is enacted into law in the tenth Member
2State. The provisions, which become effective at that time,
3shall be limited to the powers granted to the Commission
4relating to assembly and the promulgation of Rules.
5Thereafter, the Commission shall meet and exercise Rulemaking
6powers necessary to the implementation and administration of
7the Compact.
8    B. Any State that joins the Compact subsequent to the
9Commission's initial adoption of the Rules shall be subject to
10the Rules as they exist on the date on which the Compact
11becomes law in that State. Any Rule that has been previously
12adopted by the Commission shall have the full force and effect
13of law on the day the Compact becomes law in that State.
14    C. Any Member State may withdraw from this Compact by
15enacting a statute repealing the same.
16        1. A Member State's withdrawal shall not take effect
17    until 6 months after enactment of the repealing statute.
18        2. Withdrawal shall not affect the continuing
19    requirement of the withdrawing State's Professional
20    Counseling Licensing Board to comply with the
21    investigative and Adverse Action reporting requirements of
22    this Compact prior to the effective date of withdrawal.
23    D. Nothing contained in this Compact shall be construed to
24invalidate or prevent any Professional Counseling licensure
25agreement or other cooperative arrangement between a Member
26State and a non-Member State that does not conflict with the



HB4642- 39 -LRB103 37884 AWJ 68015 b

1provisions of this Compact.
2    E. This Compact may be amended by the Member States. No
3amendment to this Compact shall become effective and binding
4upon any Member State until it is enacted into the laws of all
5Member States.
7    This Compact shall be liberally construed so as to
8effectuate the purposes thereof. The provisions of this
9Compact shall be severable and if any phrase, clause, sentence
10or provision of this Compact is declared to be contrary to the
11constitution of any Member State or of the United States or the
12applicability thereof to any government, agency, person or
13circumstance is held invalid, the validity of the remainder of
14this Compact and the applicability thereof to any government,
15agency, person or circumstance shall not be affected thereby.
16If this Compact shall be held contrary to the constitution of
17any Member State, the Compact shall remain in full force and
18effect as to the remaining Member States and in full force and
19effect as to the Member State affected as to all severable
22    A. A Licensee providing Professional Counseling services
23in a Remote State under the Privilege to Practice shall adhere
24to the laws and regulations, including scope of practice, of



HB4642- 40 -LRB103 37884 AWJ 68015 b

1the Remote State.
2    B. Nothing herein prevents the enforcement of any other
3law of a Member State that is not inconsistent with the
5    C. Any laws in a Member State in conflict with the Compact
6are superseded to the extent of the conflict.
7    D. Any lawful actions of the Commission, including all
8Rules and bylaws properly promulgated by the Commission, are
9binding upon the Member States.
10    E. All permissible agreements between the Commission and
11the Member States are binding in accordance with their terms.
12    F. In the event any provision of the Compact exceeds the
13constitutional limits imposed on the legislature of any Member
14State, the provision shall be ineffective to the extent of the
15conflict with the constitutional provision in question in that
16Member State.
17    Section 90. The Professional Counselor and Clinical
18Professional Counselor Licensing and Practice Act is amended
19by adding Section 12 as follows:
20    (225 ILCS 107/12 new)
21    Sec. 12. Counseling Compact.
22    (a) No later than 2 months after this Section's effective
23date under this amendatory Act of the 103rd General Assembly,
24the Board must submit a report to the General Assembly with



HB4642- 41 -LRB103 37884 AWJ 68015 b

1recommendations of any statutory changes and budgetary changes
2needed to comply with the requirements of the Counseling
3Compact that will be entered into pursuant to the Counseling
4Compact Act.
5    (b) No later than 6 months after this Section's effective
6date under this amendatory Act of the 103rd General Assembly,
7the Board and the Department shall modify, if needed, the
8Board's and the Department's rules to comply with the
9requirements of the Counseling Compact that will be entered
10into pursuant to the Counseling Compact Act.
11    Section 99. Effective date. This Section and Section 90
12take effect upon becoming law.