An Act To Enact the Interstate Counseling Compact To Address Inequities in Access to Clinical Counseling Services and Increase Maine's Provider Workforce
Maine Legislature, Session 130, LD 1920
Committee: Health Coverage, Insurance and Financial Services
Sponsors: McCREIGHT, SANBORN, BROOKS, CROCKETT, TEPLER, STEWART

Legislative Document
No. 1920
H.P. 1427
House of Representatives, January 13, 2022
An Act To Enact the Interstate Counseling Compact To Address 
Inequities in Access to Clinical Counseling Services and Increase 
Maine's Provider Workforce
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on January 11, 2022.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator SANBORN of Cumberland and
Representatives: BROOKS of Lewiston, CROCKETT of Portland, TEPLER of Topsham, 
Senator: STEWART of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA c. 147 is enacted to read:
CHAPTER 147
INTERSTATE COUNSELING COMPACT
§18551. Short title
This chapter may be known and cited as "the Interstate Counseling Compact," which 
is referred to in this chapter as "the compact."
§18552.  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:
1.  License recognition.  Increase public access to professional counseling services by 
providing for the mutual recognition of other member state licenses;
2.  State powers.  Enhance the states' ability to protect the public's health and safety;
3.  Multistate practice.  Encourage the cooperation of member states in regulating 
multistate practice for licensed professional counselors;
4.  Military spouses.  Support spouses of relocating active duty military personnel;
5.  Information exchange.  Enhance the exchange of licensure, investigative and 
disciplinary information among member states;
6.  Telehealth technology.  Allow for the use of telehealth technology to facilitate 
increased access to professional counseling services;
7.  Licensure requirements.  Support the uniformity of professional counseling 
licensure requirements throughout the states to promote public safety and public health 
benefits;
8.  State authority.  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;
9.  Multiple licenses.  Eliminate the necessity for licenses in multiple states; and
10.  Interstate practice.  Provide opportunities for interstate practice by licensed 
professional counselors who meet uniform licensure requirements. 
§18553.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Active duty military.  "Active duty military" means full-time duty status in the 
active uniformed service of the United States, including members of the National Guard 
and Reserves of the United States Armed Forces on active duty orders pursuant to 10 
United States Code, Chapters 1209 and 1211.
2.  Adverse action.  "Adverse action" means any administrative, civil, equitable or 
criminal action permitted by a state's laws that 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.
3.  Alternative program.  "Alternative program" means a nondisciplinary monitoring 
or practice remediation process approved by a professional counseling licensing board to 
address impaired practitioners.
4.  Continuing competence and education.  "Continuing competence and education" 
means a requirement, as a condition of license renewal, to provide evidence of participation 
in, or completion of, educational and professional activities relevant to practice or area of 
work.
5.  Counseling compact commission.  "Counseling compact commission" or 
"commission" means the national administrative body whose membership consists of all 
states that have enacted the compact.
6.  Current significant investigative information.  "Current significant investigative 
information" means:
A. 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
B. 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.
7.  Data system.  "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.
8.  Encumbered license.  "Encumbered license" means a license in which an adverse 
action restricts the practice of licensed professional counseling by the licensee and that 
adverse action has been reported to the United States Department of Health and Human 
Services, National Practitioner Data Bank.
9.  Encumbrance.  "Encumbrance" means a revocation or suspension of, or any 
limitation on, the full and unrestricted practice of licensed professional counseling by a 
licensing board.
10.  Executive committee.  "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.
11.  Home state.  "Home state" means the member state that is the licensee's primary 
state of residence.
12.  Impaired practitioner.  "Impaired practitioner" means an individual who has a 
condition that may impair that individual's ability to practice as a licensed professional 
counselor without some type of intervention and may include, but is not limited to, alcohol 
and drug dependence, mental health impairment and neurological or physical impairments.
13.  Investigative information.  "Investigative information" means information, 
records and documents received or generated by a professional counseling licensing board 
pursuant to an investigation.
14.  Jurisprudence requirement.  "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.
15.  Licensed professional counselor.  "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.
16.  Licensee.  "Licensee" means an individual who currently holds an authorization 
from a state to practice as a licensed professional counselor.
17.  Licensing board.  "Licensing board" means the agency of a state, or equivalent, 
that is responsible for the licensing and regulation of licensed professional counselors.
18.  Member state.  "Member state" means a state that has enacted the compact.
19.  Privilege to practice.  "Privilege to practice" means a legal authorization that is 
equivalent to a license permitting the practice of professional counseling in a remote state.
20.  Professional counseling.  "Professional counseling" means the assessment, 
diagnosis and treatment of behavioral health conditions by a licensed professional 
counselor.
21.  Remote state.  "Remote state" means a member state other than the home state 
where a licensee is exercising or seeking to exercise the privilege to practice.
22.  Rule.  "Rule" means a regulation promulgated by the commission that has the force 
of law.
23.  Single-state license.  "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.
24.  State.  "State" means any state, commonwealth, district or territory of the United 
States that regulates the practice of professional counseling.
25.  Telehealth.  "Telehealth" means the application of telecommunication technology 
to deliver professional counseling services remotely to assess, diagnose and treat 
behavioral health conditions.
26.  Unencumbered license.  "Unencumbered license" means a license that authorizes 
a licensed professional counselor to engage in the full and unrestricted practice of 
professional counseling.
§18554.  State participation in the compact
1.  Participation requirements.  To participate in the compact, a state must currently:
A.  License and regulate licensed professional counselors;
B.  Require licensees to pass a nationally recognized exam approved by the 
commission;
C.  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:
(1)  Professional counseling orientation and ethical practice;
(2)  Social and cultural diversity;
(3)  Human growth and development;
(4)  Career development;
(5)  Counseling and helping relationships;
(6)  Group counseling and group work;
(7)  Diagnosis and treatment and assessment and testing;
(8)  Research and program evaluation; and
(9)  Other areas as determined by the commission;
D.  Require licensees to complete a supervised postgraduate professional experience 
as defined by the commission; and 
E.  Have a mechanism in place for receiving and investigating complaints about 
licensees.
2.  Duties.  A member state shall:
A.  Participate fully in the commission's data system, including using the commission's 
unique identifier as defined in rules;
B.  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;
C.  Implement or utilize procedures for considering the criminal history records of 
applicants for an initial privilege to practice.  These procedures must 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 member state shall 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.  Communication between a member state and the commission and 
among member states regarding the verification of eligibility for licensure through the 
compact may 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;
D.  Comply with the rules of the commission;
E.  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;
F.  Grant the privilege to practice to a licensee holding a valid unencumbered license 
in another member state in accordance with the terms of the compact and rules; and
G.  Provide for the attendance of the state's commissioner to the counseling compact 
commission meetings.
3.  Fees.  Member states may charge a fee for granting the privilege to practice.
4.  Nonresidents.  Individuals not residing in a member state may continue to be able 
to apply for a member state's single-state license as provided under the laws of each 
member state; however, the single-state license granted to these individuals may not be 
recognized as granting a privilege to practice professional counseling in any other member 
state.
5.  Single-state license requirements.  Nothing in this compact may affect the 
requirements established by a member state for the issuance of a single-state license.
6.  License recognition.  A license issued to a licensed professional counselor by a 
home state to a resident in that state must be recognized by each member state as 
authorizing a licensed professional counselor to practice professional counseling, under a 
privilege to practice, in each member state.
§18555.  Privilege to practice
1.  Requirements.  To exercise the privilege to practice under the terms and provisions 
of the compact, the licensee must:
A.  Hold a license in the home state;
B.  Have a valid United States social security number or national practitioner identifier;
C.   Be eligible for a privilege to practice in any member state in accordance with 
subsections 4, 7 and 8;
D.  Have not had any encumbrance or restriction against any license or privilege to 
practice within the previous 2 years;
E.  Notify the commission that the licensee is seeking the privilege to practice within a 
remote state;
F.  Pay any applicable fees, including any state fee, for the privilege to practice;
G.  Meet any continuing competence and education requirements established by the 
home state;
H.  Meet any jurisprudence requirements established by the remote state in which the 
licensee is seeking a privilege to practice; and
I.  Report to the commission any adverse action, encumbrance or restriction on the 
license taken by any nonmember state within 30 days from the date the action is taken.
2.  Validity.  The privilege to practice is valid until the expiration date of the home 
state license.  The licensee must comply with the requirements of subsection 1 to maintain 
the privilege to practice in the remote state.
3.  Laws and regulations.  A licensee providing professional counseling in a remote 
state under the privilege to practice shall adhere to the laws and regulations of the remote 
state.
4.  Regulation.  A licensee providing professional counseling services in a remote state 
is subject to that state's regulatory authority.  A remote state may, in accordance with due 
process and that state's laws, remove a licensee's privilege to practice in the remote state 
for a specific period of time, impose fines or take any other necessary actions to protect the 
health and safety of its citizens.  The licensee may be ineligible for a privilege to practice 
in any member state until the specific time for removal has passed and all fines are paid.
5.  Encumbrance.  If a home state license is encumbered, the licensee must lose the 
privilege to practice in any remote state until the following occur:
A.  The home state license is no longer encumbered; and
B.  The licensee has not had any encumbrance or restriction against any license or 
privilege to practice within the previous 2 years.
6.  Restoration after encumbrance.  Once an encumbered license in the home state 
is restored to good standing, the licensee must meet the requirements of subsection 1 to 
obtain a privilege to practice in any remote state.
7.  Removal.  If a licensee's privilege to practice in any remote state is removed, the 
individual may lose the privilege to practice in all other remote states until the following 
occur:
A.  The specific period of time for which the privilege to practice was removed has 
ended;
B.  All fines have been paid; and
C.  The licensee has not had any encumbrance or restriction against any license or 
privilege to practice within the previous 2 years.
8.  Restoration after removal.  Once the requirements of subsection 7 have been met, 
the licensee must meet the requirements in subsection 1 to obtain a privilege to practice in 
a remote state.
§18556.  Obtaining a new home state license based on a privilege to practice
1.  Home state license.  A licensed professional counselor may hold a home state 
license that allows for a privilege to practice in other member states in only one member 
state at a time.
2.  Change of primary state of residence.  If a licensed professional counselor 
changes the primary state of residence by moving between 2 member states:
A.  The licensed professional counselor shall file an application for obtaining a new 
home state license based on a privilege to practice, pay all applicable fees and notify 
the current and new home state in accordance with applicable rules adopted by the 
commission;
B.  Upon receipt of an application for obtaining a new home state license by virtue of 
a privilege to practice, the new home state shall verify that the licensed professional 
counselor meets the pertinent criteria outlined in section 18555 via the data system, 
without need for primary source verification except for:
(1) A Federal Bureau of Investigation fingerprint-based criminal background check 
if not previously performed or updated pursuant to applicable rules adopted by the 
commission in accordance with Public Law 92-544;
(2) Any other criminal background check as required by the new home state; and
(3)  Completion of any requisite jurisprudence requirements of the new home state;
C.  The former home state shall convert the former home state license into a privilege 
to practice once the new home state has activated the new home state license in 
accordance with applicable rules adopted by the commission;
D.  Notwithstanding any other provision of this compact, if the licensed professional 
counselor cannot meet the criteria in section 18555, the new home state may apply its 
requirements for issuing a new single-state license; and
E.  The licensed professional counselor shall pay all applicable fees to the new home 
state in order to be issued a new home state license.
3.  Change of residence; nonmember states.  If a licensed professional counselor 
changes the primary state of residence by moving from a member state to a nonmember 
state, or from a nonmember state to a member state, the state criteria applies for issuance 
of a single-state license in the new state.
4.  Single-state licenses.  Nothing in this compact interferes with a licensee's ability to 
hold a single-state license in multiple states; however, for the purposes of this compact, a 
licensee may have only one home state license.
5.  Single-state license requirements.  Nothing in this compact affects the 
requirements established by a member state for the issuance of a single-state license.
§18557.  Active duty military personnel or their spouses
Active duty military personnel, or their spouses, must designate a home state where the 
individual has a current license in good standing.  The individual may retain the home state 
designation during the period the service member is on active duty.  Subsequent to 
designating a home state, the individual may only change the home state through 
application for licensure in the new state or through the process outlined in section 18556.
§18558.  Compact privilege to practice telehealth
1.  Telehealth practice.  Member states shall recognize the right of a licensed 
professional counselor, licensed by a home state in accordance with section 18554 and 
under rules promulgated by the commission, to practice professional counseling in any 
member state via telehealth under a privilege to practice as provided in the compact and 
rules promulgated by the commission.
2.  Laws and regulations.  A licensee providing professional counseling services in a 
remote state under the privilege to practice shall adhere to the laws and regulations of the 
remote state.
§18559.  Adverse actions
1.  Adverse action authority.  In addition to the other powers conferred by state law, 
a remote state has the authority, in accordance with existing state due process law, to:
A.  Take adverse action against a licensed professional counselor's privilege to practice 
within that member state; and
B.  Issue subpoenas for both hearings and investigations that require the attendance and 
testimony of witnesses as well as the production of evidence.  Subpoenas issued by a 
licensing board in a member state for the attendance and testimony of witnesses or the 
production of evidence from another member state must be enforced in the latter state 
by any court of competent jurisdiction, according to the practice and procedure of that 
court applicable to subpoenas issued in proceedings pending before it.  The issuing 
authority shall pay any witness fees, travel expenses, mileage and other fees required 
by the service statutes of the state in which the witnesses or evidence are located.
Only the home state has the power to take adverse action against a licensed professional 
counselor's license issued by the home state.
2.  Conduct; appropriate action.  For purposes of taking adverse action, the home 
state shall give the same priority and effect to reported conduct received from a member 
state as it would if the conduct had occurred within the home state.  In so doing, the home 
state shall apply its own state laws to determine appropriate action.
3.  Change of residence.  The home state shall complete any pending investigations 
of a licensed professional counselor who changes the primary state of residence during the 
course of the investigations.  The home state also has the authority to take appropriate 
action and shall promptly report the conclusions of the investigations to the administrator 
of the data system.  The administrator of the coordinated licensure information system shall 
promptly notify the new home state of any adverse actions.
4.  Recovery.  A member state, if otherwise permitted by state law, may recover from 
the affected licensed professional counselor the costs of investigations and dispositions of 
cases resulting from any adverse action taken against that licensed professional counselor.
5.  Remote state findings.  A member state may take adverse action based on the 
factual findings of the remote state as long as the member state follows its own procedures 
for taking the adverse action.
6.  Joint investigations.  In addition to the authority granted to a member state by its 
respective professional counseling practice act or other applicable state law, any member 
state may participate with other member states in joint investigations of licensees.
Member states shall share any investigative, litigation or compliance materials in 
furtherance of any joint or individual investigation initiated under the compact.
7.  Deactivation.  If adverse action is taken by the home state against the license of a 
licensed professional counselor, the licensed professional counselor's privilege to practice 
in all other member states must be deactivated until all encumbrances have been removed 
from the state license.  All home state disciplinary orders that impose adverse action against 
the license of a licensed professional counselor must include a statement that the licensed 
professional counselor's privilege to practice is deactivated in all member states during the 
pendency of the order.
8.  Notification.  If a member state takes adverse action, it shall promptly notify the 
administrator of the data system.  The administrator of the data system shall promptly notify 
the home state of any adverse actions by remote states.
9.  Alternative program.  Nothing in this compact overrides a member state's decision 
that participation in an alternative program may be used in lieu of adverse action.
§18560.  Establishment of counseling compact commission
1.  Commission established.  The compact member states hereby create and establish 
a joint public agency known as the counseling compact commission.
A.  The commission is an instrumentality of the compact states.
B.  Venue is proper and judicial proceedings by or against the commission must be 
brought solely and exclusively in a court of competent jurisdiction where the principal 
office of the commission is located.  The commission may waive venue and 
jurisdictional defenses to the extent it adopts or consents to participate in alternative 
dispute resolution proceedings.
C.  Nothing in this compact may be construed to be a waiver of sovereign immunity.
2.  Membership, voting and meetings.  Membership, voting and meetings are 
governed by this subsection. 
A.  Each member state has and is limited to one delegate selected by that member state's 
licensing board.  
B.  The delegate must be either:
(1)  A current member of the licensing board at the time of appointment, who is a 
licensed professional counselor or public member; or
(2)  An administrator of the licensing board.
C.  Any delegate may be removed or suspended from office as provided by the law of 
the state from which the delegate is appointed.
D.  The member state licensing board shall fill any vacancy occurring on the 
commission within 60 days.
E.  Each delegate is entitled to one vote with regard to the promulgation of rules and 
creation of bylaws and must otherwise have an opportunity to participate in the 
business and affairs of the commission.
F.  A delegate shall vote in person or by such other means as provided in the bylaws.  
The bylaws may provide for delegates' participation in meetings by telephone or other 
means of communication.
G.  The commission shall meet at least once during each calendar year.  Additional 
meetings must be held as set forth in the bylaws.
H.  The commission shall by rule establish a term of office for delegates and may by 
rule establish term limits.
3.  Powers and duties.  The commission has the following powers and duties:
A.  Establish the fiscal year of the commission;
B.  Establish bylaws;
C.  Maintain its financial records in accordance with the bylaws;
D.  Meet and take such actions as are consistent with the provisions of this compact 
and the bylaws;
E.  Promulgate rules that are binding to the extent and in the manner provided for in 
the compact;
F.  Bring and prosecute legal proceedings or actions in the name of the commission, as 
long as the standing of any state licensing board to sue or be sued under applicable law 
is not affected;
G.  Purchase and maintain insurance and bonds;
H.  Borrow, accept or contract for services of personnel, including, but not limited to, 
employees of a member state;
I.  Hire employees, elect or appoint officers, fix compensation, define duties and grant 
such individuals appropriate authority to carry out the purposes of the compact and 
establish the commission's personnel policies and programs relating to conflicts of 
interest, qualifications of personnel and other related personnel matters;
J.  Accept appropriate donations and grants of money, equipment, supplies, materials 
and services and receive, utilize and dispose of the same, as long as at all times the 
commission avoids any appearance of impropriety or conflict of interest;
K.  Lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, 
improve or use any property, real, personal or mixed, as long as at all times the 
commission avoids any appearance of impropriety;  
L.  Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of 
any property, real, personal or mixed;  
M.  Establish a budget and make expenditures;  
N.  Borrow money;  
O.  Appoint committees, including standing committees composed of members, state 
regulators, state legislators or their representatives and consumer representatives and 
such other interested persons as may be designated in this compact and the bylaws;  
P.  Provide and receive information from, and cooperate with, law enforcement 
agencies;  
Q.  Establish and elect an executive committee; and  
R.  Perform such other functions as may be necessary or appropriate to achieve the 
purposes of this compact consistent with the state regulation of professional counseling 
licensure and practice. 
4.  Executive committee.  The establishment of an executive committee is governed 
by this subsection. 
A.  The executive committee has the power to act on behalf of the commission 
according to the terms of this compact.  
B.  The executive committee is composed of up to 11 members: 
(1)  Seven voting members who are elected by the commission from the current 
membership of the commission; and
(2)  Up to 4 ex officio, nonvoting members from 4 recognized national professional 
counselor organizations.
The ex officio members must be selected by their respective organizations.
C.  The commission may remove any member of the executive committee as provided 
in bylaws.
D.  The executive committee shall meet at least annually.
E.  The executive committee has the following duties and responsibilities:
(1)  Recommend to the entire commission changes to the rules or bylaws, changes 
to this compact legislation, fees paid by compact member states such as annual 
dues and any commission compact fee charged to licensees for the privilege to 
practice;
(2)  Ensure compact administration services are appropriately provided, 
contractual or otherwise;
(3)  Prepare and recommend the budget;
(4)  Maintain financial records on behalf of the commission;
(5)  Monitor compact compliance of member states and provide compliance reports 
to the commission;
(6)  Establish additional committees as necessary; and
(7)  Other duties as provided in rules or bylaws.
5.  Meetings of the commission.  Meetings of the commission are governed by this 
subsection. 
A.  All meetings must be open to the public, and public notice of meetings must be 
given in the same manner as required under the rule-making provisions in section 
18562.
B.  The commission or the executive committee or other committees of the commission 
may convene in a closed, nonpublic meeting if the commission or executive committee 
or other committees of the commission must discuss:
(1)  Noncompliance of a member state with its obligations under the compact;
(2)  The employment, compensation, discipline or other matters, practices or 
procedures related to specific employees or other matters related to the 
commission's internal personnel practices and procedures;
(3)  Current, threatened or reasonably anticipated litigation;
(4)  Negotiation of contracts for the purchase, lease or sale of goods, services or 
real estate;
(5)  Accusing any person of a crime or formally censuring any person;
(6)  Disclosure of trade secrets or commercial or financial information that is 
privileged or confidential;
(7)  Disclosure of information of a personal nature where disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
(8)  Disclosure of investigative records compiled for law enforcement purposes;
(9)  Disclosure of information related to any investigative reports prepared by or 
on behalf of or for use of the commission or other committee charged with 
responsibility of investigation or determination of compliance issues pursuant to 
the compact; or
(10)  Matters specifically exempted from disclosure by federal or member state 
statute.
C.  If a meeting, or portion of a meeting, is closed pursuant to paragraph B, the 
commission's legal counsel or designee shall certify that the meeting may be closed 
and shall reference each relevant exempting provision.
D.  The commission shall keep minutes that fully and clearly describe all matters 
discussed in a meeting and shall provide a full and accurate summary of actions taken, 
and the reasons therefor, including a description of the views expressed.  All documents 
considered in connection with an action must be identified in the minutes. All minutes 
and documents of a closed meeting must remain under seal, subject to release by a 
majority vote of the commission or order of a court of competent jurisdiction.
6. Financing of the commission.  Financing of the commission is governed by this 
subsection. 
A.  The commission shall pay, or provide for the payment of, the reasonable expenses 
of its establishment, organization and ongoing activities.
B.  The commission may accept any appropriate revenue sources, donations and grants 
of money, equipment, supplies, materials and services.
C.  The commission may levy on and collect an annual assessment from each member 
state or impose fees on other parties to cover the cost of the operations and activities 
of the commission and its staff, which must be in a total amount sufficient to cover its 
annual budget as approved each year for which revenue is not provided by other 
sources.  The aggregate annual assessment amount must be allocated based upon a 
formula to be determined by the commission, which shall promulgate a rule binding 
upon all member states.
D.  The commission may not incur obligations of any kind prior to securing the funds 
adequate to meet the same, and the commission may not pledge the credit of any of the 
member states, except by and with the authority of the member state.
E.  The commission shall keep accurate accounts of all receipts and disbursements.  
The receipts and disbursements of the commission are subject to the audit and 
accounting procedures established under its bylaws; however, all receipts and 
disbursements of funds handled by the commission must be audited yearly by a 
certified or licensed public accountant, and the report of the audit must be included in 
and become part of the annual report of the commission.
7.  Qualified immunity, defense and indemnification.  Qualified immunity, defense 
and indemnification are governed by this subsection. 
A.  The members, officers, executive director, employees and representatives of the 
commission are immune from suit and liability, either personally or in their official 
capacity, for any claim for damage to or loss of property or personal injury or other 
civil liability caused by or arising out of any actual or alleged act, error or omission 
that occurred, or that the person against whom the claim is made had a reasonable basis 
for believing occurred, within the scope of commission employment, duties or 
responsibilities, except that nothing in this paragraph may be construed to protect any 
such person from suit or liability for any damage, loss, injury or liability caused by the 
intentional or willful or wanton misconduct of that person.
B.  The commission shall defend any member, officer, executive director, employee or 
representative of the commission in any civil action seeking to impose liability arising 
out of any actual or alleged act, error or omission that occurred within the scope of 
commission employment, duties or responsibilities, or that the person against whom 
the claim is made had a reasonable basis for believing occurred within the scope of 
commission employment, duties or responsibilities, except that nothing in this 
paragraph may be construed to prohibit that person from retaining that person's own 
counsel, and as long as the actual or alleged act, error or omission did not result from 
that person's intentional or willful or wanton misconduct.
C.  The commission shall indemnify and hold harmless any member, officer, executive 
director, employee or representative of the commission for the amount of any 
settlement or judgment obtained against that person arising out of any actual or alleged 
act, error or omission that occurred within the scope of commission employment, duties 
or responsibilities, or that such person had a reasonable basis for believing occurred 
within the scope of commission employment, duties or responsibilities, as long as the 
actual or alleged act, error or omission did not result from the intentional or willful or 
wanton misconduct of that person.
§18561.  Data system
1.  Database and reporting system.  The commission shall provide for the 
development, maintenance, operation and utilization of a coordinated database and 
reporting system containing licensure, adverse action and investigative information on all 
licensed individuals in member states.
2.  Uniform data set submission.  Notwithstanding any other provision of state law to 
the contrary, a member state shall submit a uniform data set to the data system on all 
individuals to whom this compact is applicable as required by the rules of the commission, 
including:
A.  Identifying information;
B.  Licensure data;
C.  Adverse actions against a license or privilege to practice;
D.  Nonconfidential information related to alternative program participation;
E.  Any denial of application for licensure and the reasons for that denial;
F.  Current significant investigative information; and
G.  Other information that may facilitate the administration of this compact, as 
determined by the rules of the commission.
3.  Investigative information availability.  Investigative information pertaining to a 
licensee in any member state may be made available only to other member states.
4.  Adverse action information.  The commission shall promptly notify all member 
states of any adverse action taken against a licensee or an individual applying for a license. 
Adverse action information pertaining to a licensee in any member state must be available 
to any other member state.
5.  Confidential information.  Member states contributing information to the data 
system may designate information that may not be shared with the public without the 
express permission of the contributing state.
6.  Information expungement.  Any information submitted to the data system that is 
subsequently required to be expunged by the laws of the member state contributing the 
information must be removed from the data system.
§18562.  Rulemaking
1.  Promulgation.  The commission shall promulgate reasonable rules in order to 
effectively and efficiently achieve the purpose of the compact.  Notwithstanding the 
foregoing, in the event the commission exercises its rule-making authority in a manner that 
is beyond the scope of the purposes of the compact, or the powers granted hereunder, then 
such an action by the commission is invalid and has no force or effect.
2.  Powers.  The commission shall exercise its rule-making powers pursuant to the 
criteria set forth in this section and the rules adopted thereunder.  Rules and amendments 
become binding as of the date specified in each rule or amendment.
3.  Rule rejection.  If a majority of the legislatures of the member states rejects a rule, 
by enactment of a statute or resolution in the same manner used to adopt the compact within 
years of the date of adoption of the rule, then that rule has no further force and effect in 
any member state.
4.  Rule adoption procedure.  Rules or amendments to the rules must be adopted at a 
regular or special meeting of the commission.
5.  Notice.  Prior to promulgation and adoption of a final rule or rules by the 
commission, and at least 30 days in advance of the meeting at which the rule will be 
considered and voted upon, the commission shall file a notice of proposed rulemaking:
A.  On the website of the commission or other publicly accessible platform; and
B.  On the website of each member state professional counseling licensing board or 
other publicly accessible platform or the publication in which each state would 
otherwise publish proposed rules.
6.  Notice requirements.  The notice of proposed rulemaking must include:
A.  The proposed time, date and location of the meeting in which the rule will be 
considered and voted upon;
B.  The text of the proposed rule or amendment and the reason for the proposed rule;
C.  A request for comments on the proposed rule from any interested person; and
D.  The manner in which interested persons may submit notice to the commission of 
their intention to attend the public hearing and any written comments.
7.  Public comment.  Prior to adoption of a proposed rule, the commission shall allow 
persons to submit written data, facts, opinions and arguments, which must be made 
available to the public.
8.  Public hearing.  The commission shall grant an opportunity for a public hearing 
before it adopts a rule or amendment if a hearing is requested by:
A.  At least 25 persons;
B.  A state or federal governmental subdivision or agency; or
C.  An association having at least 25 members.
9.  Hearing notice.  If a hearing is held on the proposed rule or amendment, the 
commission shall publish the place, time and date of the scheduled public hearing.  If the 
hearing is held via electronic means, the commission shall publish the mechanism for 
access to the electronic hearing.
A.  All persons wishing to be heard at the hearing must notify the executive director of 
the commission or other designated member in writing of their desire to appear and 
testify at the hearing not less than 5 business days before the scheduled date of the 
hearing.
B.  Hearings must be conducted in a manner providing each person who wishes to 
comment a fair and reasonable opportunity to comment orally or in writing.
C.  All hearings must be recorded.  A copy of the recording must be made available on 
request.
D.  Nothing in this section may be construed as requiring a separate hearing on each 
rule.  Rules may be grouped for the convenience of the commission at hearings required 
by this section.
10.  Consideration.  Following the scheduled hearing date, or by the close of business 
on the scheduled hearing date if the hearing was not held, the commission shall consider 
all written and oral comments received.
11.  Proceeding without public hearing.  If no written notice of intent to attend the 
public hearing by interested parties is received, the commission may proceed with 
promulgation of the proposed rule without a public hearing.
12.  Final action.  The commission shall, by majority vote of all members, take final 
action on the proposed rule and shall determine the effective date of the rule, if any, based 
on the rule-making record and the full text of the rule.
13.  Emergency rulemaking.  Upon determination that an emergency exists, the 
commission may consider and adopt an emergency rule without prior notice, opportunity 
for comment or hearing, as long as the usual rule-making procedures provided in the 
compact and in this section are retroactively applied to the rule as soon as reasonably 
possible, in no event later than 90 days after the effective date of the rule.  For the purposes 
of this subsection, "emergency rule" means a rule that must be adopted immediately in 
order to:
A.  Meet an imminent threat to public health, safety or welfare;
B.  Prevent a loss of commission or member state funds;
C.  Meet a deadline for the promulgation of an administrative rule that is established 
by federal law or rule; or
D.  Protect public health and safety.
14.  Rule revisions.  The commission or an authorized committee of the commission 
may direct revisions to a previously adopted rule or amendment for purposes of correcting 
typographical errors, errors in format, errors in consistency or grammatical errors.  Public 
notice of any revisions must be posted on the website of the commission.  The revision is 
subject to challenge by any person for a period of 30 days after posting.  The revision may 
be challenged only on grounds that the revision results in a material change to a rule.  A 
challenge must be made in writing and delivered to the chair of the commission prior to the 
end of the notice period.  If no challenge is made, the revision takes effect without further 
action.  If the revision is challenged, the revision may not take effect without the approval 
of the commission.
§18563.  Oversight, dispute resolution and enforcement
1.  Oversight.  Oversight of the compact is governed by this subsection. 
A.  The executive, legislative and judicial branches of state government in each 
member state shall enforce this compact and take all actions necessary and appropriate 
to effectuate the compact's purposes and intent.  The provisions of this compact and 
the rules promulgated hereunder have standing as statutory law.
B.  All courts shall take judicial notice of the compact and the rules in any judicial or 
administrative proceeding in a member state pertaining to the subject matter of this 
compact that may affect the powers, responsibilities or actions of the commission.
C.  The commission is entitled to receive service of process in any proceeding under 
paragraph B and has standing to intervene in such a proceeding for all purposes.  
Failure to provide service of process to the commission renders a judgment or order 
void as to the commission, this compact or promulgated rules.
2.  Default and technical assistance.  Default and technical assistance are governed 
by this subsection. 
A.  If the commission determines that a member state has defaulted in the performance 
of its obligations or responsibilities under this compact or the promulgated rules, the 
commission shall:
(1)  Provide written notice to the defaulting state and other member states of the 
nature of the default, the proposed means of curing the default and any other action 
to be taken by the commission; and
(2)  Provide remedial training and specific technical assistance regarding the 
default.
3.  Termination from compact.  If a state in default fails to cure the default, the 
defaulting state may be terminated from the compact upon an affirmative vote of a majority 
of the member states, and all rights, privileges and benefits conferred by this compact may 
be terminated on the effective date of termination.  A cure of the default does not relieve 
the offending state of obligations or liabilities incurred during the period of default.
4.  Termination regulation.  Termination of membership in the compact may be 
imposed only after all other means of securing compliance have been exhausted.  Notice 
of intent to suspend or terminate must be given by the commission to the governor, the 
majority and minority leaders of the defaulting state's legislature and each of the member 
states.
5.  Responsibilities after termination.  A state that has been terminated is responsible 
for all assessments, obligations and liabilities incurred through the effective date of 
termination, including obligations that extend beyond the effective date of termination.
6.  Costs.  The commission may not bear any costs related to a state that is found to be 
in default or that has been terminated from the compact, unless agreed upon in writing 
between the commission and the defaulting state.
7.  Appeal.  The defaulting state may appeal the action of the commission by 
petitioning the United States District Court for the District of Columbia or the federal 
district where the commission has its principal offices. The prevailing member must be 
awarded all costs of that litigation, including reasonable attorney's fees.
8.  Dispute resolution.  Dispute resolution is governed by this subsection. 
A.  Upon request by a member state, the commission shall attempt to resolve disputes 
related to the compact that arise among member states and between member and 
nonmember states.
B.  The commission shall promulgate a rule providing for both mediation and binding 
dispute resolution for disputes as appropriate.
9.  Enforcement.  Enforcement of the compact is governed by this subsection. 
A.  The commission, in the reasonable exercise of its discretion, shall enforce the 
provisions and rules of this compact.
B.  By majority vote, the commission may initiate legal action in the United States 
District Court for the District of Columbia or the federal district where the commission 
has its principal offices against a member state in default to enforce compliance with 
the provisions of the compact and its promulgated rules and bylaws.  The relief sought 
may include both injunctive relief and damages.  In the event judicial enforcement is 
necessary, the prevailing member must be awarded all costs of that litigation, including 
reasonable attorney's fees.
C.  The remedies under this subsection are not the exclusive remedies of the 
commission.  The commission may pursue any other remedies available under federal 
or state law.
§18564.  Date of implementation of counseling compact; commission and associated 
rules, withdrawal and amendment
1.  Effective date.  The compact takes effect on the date on which the compact statute 
is enacted into law in the 10th member state.  The provisions of the compact that become 
effective at that time are limited to the powers granted to the commission relating to 
assembly and the promulgation of rules.  After the effective date of the compact, the 
commission shall meet and exercise rule-making powers necessary to the implementation 
and administration of the compact.
2.  Subsequent member states.  Any state that joins the compact subsequent to the 
commission's initial adoption of the rules is subject to the rules as they exist on the date on 
which the compact becomes law in that state.  Any rule that has been previously adopted 
by the commission has the full force and effect of law on the day the compact becomes law 
in that state.
3.  Withdrawal.  Any member state may withdraw from this compact by enacting a 
statute repealing the same.
A.  A member state's withdrawal does not take effect until 6 months after enactment of 
the repealing statute.
B.  Withdrawal does not affect the continuing requirement of the withdrawing state's 
professional counseling licensing board to comply with the investigative and adverse 
action reporting requirements of this chapter prior to the effective date of withdrawal.
4.  Other agreements or arrangements.  Nothing contained in this compact may be 
construed to invalidate or prevent any professional counseling licensure agreement or other 
cooperative arrangement between a member state and a nonmember state that does not 
conflict with the provisions of this compact.
5.  Amendment.  This compact may be amended by the member states.  An amendment 
to this compact does not become effective and binding upon any member state until it is 
enacted into the laws of all member states.
§18565.  Construction and severability
This compact may be liberally construed so as to effectuate the purposes thereof.  The 
provisions of this compact must be severable and if any phrase, clause, sentence or 
provision of this compact is declared to be contrary to the constitution of any member state 
or of the United States or the applicability thereof to any government, agency, person or 
circumstance is held invalid, the validity of the remainder of this compact and the 
applicability thereof to any government, agency, person or circumstance is not affected 
thereby.  If this compact is held contrary to the constitution of any member state, the 
compact remains in full force and effect as to the remaining member states and in full force 
and effect as to the member state affected as to all severable matters.
§18566.  Binding effect of compact and other laws
1.  Adherence.  A licensee providing professional counseling services in a remote state 
under the privilege to practice shall adhere to the laws and regulations, including scope of 
practice, of the remote state.
2.  Enforcement.  Nothing in this chapter prevents the enforcement of any other law 
of a member state that is not inconsistent with the compact.
3.  Conflict.  Any laws in a member state in conflict with the compact are superseded 
to the extent of the conflict.
4.  Binding actions.  Any lawful actions of the commission, including all rules and 
bylaws properly promulgated by the commission, are binding upon the member states.
5.  Binding agreements.  All permissible agreements between the commission and the 
member states are binding in accordance with their terms.
6.  Constitutional limits.  In the event any provision of the compact exceeds the 
constitutional limits imposed on the legislature of any member state, the provision is 
ineffective to the extent of the conflict with the constitutional provision in question in that 
member state.
§18567.  Legislative intent
This compact is the Maine enactment of the Interstate Counseling Compact.  The form, 
format and text of the compact have been changed minimally so as to conform to Maine 
statutory conventions.  The changes are technical in nature and it is the intent of the 
Legislature that this compact be interpreted as substantively the same as the Interstate 
Counseling Compact that is enacted by other member states.
SUMMARY
This bill enacts the Interstate Counseling Compact, which provides a mechanism to 
facilitate interstate practice of licensed professional counselors in order to improve public 
access to professional counseling services.
The form, format and text of the Interstate Counseling Compact have been changed 
minimally so as to conform to Maine statutory conventions. The changes are technical in 
nature and it is the intent of the Legislature that this compact be interpreted as substantively 
the same as the Interstate Counseling Compact that is enacted by other member states.