reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-4. "Alternative Program"

Sec. 4. "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-5. "Continuing Competence/education"

Sec. 5. "Continuing competence/education" means a requirement, as a condition of license renewal, to provide evidence of:
(1) participation in or completion of; or
(2) participation in and completion of;
educational and professional activities relevant to practice or area of work.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-6. "Counseling Compact Commission"

Sec. 6. "Counseling compact commission" or "commission" means the national administrative body created and established by IC 25-42.5-9-1, whose membership consists of all states that have enacted the compact.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-7. "Current Significant Investigative Information"

Sec. 7. "Current significant investigative information" means:
(1) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(2) investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-8. "Data System"

Sec. 8. "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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-9. "Encumbered License"

Sec. 9. "Encumbered license" means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and the adverse action has been reported to the National Practitioner Data Bank (NPDB).
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-10. "Encumbrance"

Sec. 10. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-11. "Executive Committee"

Sec. 11. "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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-13. "Impaired Practitioner"

Sec. 13. "Impaired practitioner" means an individual who has one (1) or more conditions that may impair the practitioner's ability to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-14. "Investigative Information"

Sec. 14. "Investigative information" means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-15. "Jurisprudence Requirement"

Sec. 15. "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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-16. "Licensed Professional Counselor"

Sec. 16. "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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-17. "Licensee"

Sec. 17. "Licensee" means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-18. "Licensing Board"

Sec. 18. "Licensing board" means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-20. "Privilege to Practice"

Sec. 20. "Privilege to practice" means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-21. "Professional Counseling"

Sec. 21. "Professional counseling" means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-22. "Remote State"

Sec. 22. "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-24. "Single State License"

Sec. 24. "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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-25. "State"

Sec. 25. "State" means any state, commonwealth, district, or territory of the United States that regulates the practice of professional counseling.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-26. "Telehealth"

Sec. 26. "Telehealth" means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-27. "Unencumbered License"

Sec. 27. "Unencumbered license" means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 3. State Participation in the Compact › 25-42.5-3-1. State Participation Requirements

Sec. 1. To participate in the compact, a state must currently meet the following requirements:
(1) License and regulate licensed professional counselors.
(2) Require licensees to pass a nationally recognized exam approved by the commission.
(3) Require licensees to have a sixty (60) semester hour or ninety (90) quarter hour master's degree in counseling or sixty (60) semester hours or ninety (90) quarter hours of graduate course work, including the following topic areas:
(A) Professional counseling orientation and ethical practice.
(B) Social and cultural diversity.
(C) Human growth and development.
(D) Career development.
(E) Counseling and helping relationships.
(F) Group counseling and group work.
(G) Diagnosis and treatment.
(H) Assessment and testing.
(I) Research and program evaluation.
(J) Other areas as determined by the commission.
(4) Require licensees to complete a supervised postgraduate professional experience as defined by the commission.
(5) Have a mechanism in place for receiving and investigating complaints about licensees.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 3. State Participation in the Compact › 25-42.5-3-2. Member State Duties

Sec. 2. A member state shall comply with the following:
(1) Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules.
(2) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.
(3) Implement or utilize procedures for considering the criminal history records of applicants for an initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records. The following requirements must be met:
(A) A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.
(B) Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under federal Public Law 92-544.
(4) Comply with the rules of the commission.
(5) Require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws.
(6) Grant the privilege to practice to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(7) Provide for the attendance of the state's commissioner to the counseling compact commission meetings.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 3. State Participation in the Compact › 25-42.5-3-3. Fee for Granting Privilege to Practice

Sec. 3. Member states may charge a fee for granting the privilege to practice.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 3. State Participation in the Compact › 25-42.5-3-4. Non-Resident Single State License

Sec. 4. Individuals not residing in a member state shall 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 shall not be recognized as granting a privilege to practice professional counseling in any other member state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 3. State Participation in the Compact › 25-42.5-3-5. Construction

Sec. 5. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 3. State Participation in the Compact › 25-42.5-3-6. Home State License

Sec. 6. A license issued to a licensed professional counselor by a home state to a resident in that state shall 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 4. Privilege to Practice › 25-42.5-4-1. Licensee Eligibility Requirements

Sec. 1. To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall meet the following requirements:
(1) Hold a license in the home state.
(2) Have a valid United States Social Security number or National Practitioner Identifier (NPI).
(3) Be eligible for a privilege to practice in any member state in accordance with sections 4, 7, and 8 of this chapter.
(4) Have not had any encumbrance or restriction against any license or privilege to practice within the previous two (2) years.
(5) Notify the commission that the licensee is seeking the privilege to practice within a remote state.
(6) Pay any applicable fees, including any state fee, for the privilege to practice.
(7) Meet any continuing competence/education requirements established by the home state.
(8) Meet any jurisprudence requirements established by each remote state in which the licensee is seeking a privilege to practice.
(9) Report to the commission any adverse action, encumbrance, or restriction on a license taken by any nonmember state within thirty (30) days from the date the action is taken.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 4. Privilege to Practice › 25-42.5-4-2. Expiration of Privilege to Practice

Sec. 2. The privilege to practice is valid until the expiration date of the home state license. The licensee must comply with the requirements of section 1 of this chapter to maintain the privilege to practice in the remote state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 4. Privilege to Practice › 25-42.5-4-3. Remote State's Revocation of Privilege to Practice; Fines; Period of Ineligibility

Sec. 3. 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 4. Privilege to Practice › 25-42.5-4-4. Home State's License Encumbered

Sec. 4. 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, take any or all of the following actions:
(1) Remove a licensee's privilege to practice in the remote state for a specific period of time.
(2) Impose fines.
(3) 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 4. Privilege to Practice › 25-42.5-4-5. Home State License Restored

Sec. 5. If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until all the following occur:
(1) The home state license is no longer encumbered.
(2) Have not had any encumbrance or restriction against any license or privilege to practice within the previous two (2) years.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 4. Privilege to Practice › 25-42.5-4-6. Effect of Remote State Revocation

Sec. 6. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of section 1 of this chapter to obtain a privilege to practice in any remote state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 4. Privilege to Practice › 25-42.5-4-7. Reinstatement of Privilege to Practice

Sec. 7. 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 all the following occur:
(1) The specific period of time for which the privilege to practice was removed has ended.
(2) All fines have been paid.
(3) Have not had any encumbrance or restriction against any license or privilege to practice within the previous two (2) years.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 4. Privilege to Practice › 25-42.5-4-8. Reinstatement of Privilege to Practice

Sec. 8. Once the requirements of section 7 of this chapter have been met, the licensee must meet the requirements of section 1 of this chapter to obtain a privilege to practice in a remote state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 5. Obtaining a New Home State License Based on a Privilege to Practice › 25-42.5-5-1. Limit on Number of Home State Licenses

Sec. 1. A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one (1) member state at a time.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 5. Obtaining a New Home State License Based on a Privilege to Practice › 25-42.5-5-2. Relocation of Home State License to Another Member State; Requirements

Sec. 2. If a licensed professional counselor changes primary state of residence by moving between two (2) member states, the following conditions must be met:
(1) 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.
(2) 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 IC 25-42.5-4 via the data system, without need for primary source verification except for:
(A) 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 federal Public Law 92-544;
(B) other criminal background checks as required by the new home state; and
(C) completion of any requisite jurisprudence requirements of the new home state.
(3) 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.
(4) Notwithstanding any other provision of this compact, if the licensed professional counselor cannot meet the criteria in IC 25-42.5-4, the new home state may apply its requirements for issuing a new single state license.
(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 5. Obtaining a New Home State License Based on a Privilege to Practice › 25-42.5-5-3. Relocation Between Non-Member State and Member State

Sec. 3. If a licensed professional counselor changes 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 shall apply for issuance of a single state license in the new state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 5. Obtaining a New Home State License Based on a Privilege to Practice › 25-42.5-5-4. Non-Interference With Licensee's Ability to Hold a Single State License in Multiple States

Sec. 4. Nothing in this compact shall interfere with a licensee's ability to hold a single state license in multiple states. However, for the purposes of this compact, a licensee shall have only one (1) home state license.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 5. Obtaining a New Home State License Based on a Privilege to Practice › 25-42.5-5-5. Construction

Sec. 5. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 6. Active Duty Military Personnel or Their Spouses › 25-42.5-6-1. Active Duty Military Spouse's Home State License

Sec. 1. Active duty military personnel or their spouses shall 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 shall only change their home state through application for licensure in the new state or through the process outlined in IC 25-42.5-5.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 7. Compact Privilege to Practice Telehealth › 25-42.5-7-1. Privilege to Practice via Telehealth

Sec. 1. Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with IC 25-42.5-3 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 7. Compact Privilege to Practice Telehealth › 25-42.5-7-2. Applicable Laws and Regulations

Sec. 2. 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 8. Adverse Actions › 25-42.5-8-1. Remote State's Authority

Sec. 1. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do the following:
(1) Take adverse action against a licensed professional counselor's privilege to practice within that member state.
(2) 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 shall 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.
(3) Only the home state shall have the power to take adverse action against a licensed professional counselor's license issued by the home state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 8. Adverse Actions › 25-42.5-8-2. Effect of Adverse Action

Sec. 2. 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 8. Adverse Actions › 25-42.5-8-3. Home State's Duty to Complete Pending Investigations

Sec. 3. The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take all appropriate actions 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 8. Adverse Actions › 25-42.5-8-4. Recovery of Costs for Investigation

Sec. 4. 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 8. Adverse Actions › 25-42.5-8-5. Member State's Authority to Take Adverse Action Based on Factual Finding of Remote State

Sec. 5. A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 8. Adverse Actions › 25-42.5-8-6. Joint Investigations of Licensees

Sec. 6. (a) 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.
(b) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 8. Adverse Actions › 25-42.5-8-7. Deactivation of Licensee's Privilege to Practice

Sec. 7. 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 shall 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 shall include a statement that the licensed professional counselor's privilege to practice is deactivated in all member states during the pendency of the order.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 8. Adverse Actions › 25-42.5-8-8. Member State's Duty to Report Adverse Action Taken

Sec. 8. 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 8. Adverse Actions › 25-42.5-8-9. Member State's Discretion to Use Alternative Programs

Sec. 9. Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 9. Establishment of Counseling Compact Commission › 25-42.5-9-1. Counseling Compact Commission Established

Sec. 1. (a) The compact member states hereby create and establish a joint public agency known as the counseling compact commission.
(b) The commission is an instrumentality of the compact states.
(c) Venue is proper and judicial proceedings by or against the commission shall 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.
(d) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 9. Establishment of Counseling Compact Commission › 25-42.5-9-2. Commission Delegates; Eligibility; Removal; Vacancy; Voting; Meetings; Term of Office

Sec. 2. (a) Each member state shall have and be limited to one (1) delegate selected by that member state's licensing board.
(b) The delegate shall 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 sixty (60) days.
(e) Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall 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 shall 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 9. Establishment of Counseling Compact Commission › 25-42.5-9-3. Commission's Powers and Duties

Sec. 3. The commission shall have the following powers and duties:
(1) Establish the fiscal year of the commission.
(2) Establish bylaws.
(3) Maintain its financial records in accordance with the bylaws.
(4) Meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(5) Promulgate rules that shall be binding to the extent and in the manner provided for in the compact.
(6) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected.
(7) Purchase and maintain insurance and bonds.
(8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
(9) Hire employees, elect or appoint officers, fix compensation, define duties, 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.
(10) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same, provided that at all times, the commission shall avoid any appearance of impropriety or conflict of interest.
(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal or mixed, provided that at all times, the commission shall avoid any appearance of impropriety.
(12) Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(13) Establish a budget and make expenditures.
(14) Borrow money.
(15) 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.
(16) Provide and receive information from, and cooperate with, law enforcement agencies.
(17) Establish and elect an executive committee.
(18) 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 9. Establishment of Counseling Compact Commission › 25-42.5-9-4. Executive Committee's Powers and Duties; Membership; Removal; Meetings

Sec. 4. (a) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
(b) The executive committee shall be composed of up to eleven (11) members subject to the following:
(1) Seven (7) voting members who are elected by the commission from the current membership of the commission.
(2) Up to four (4) ex officio, nonvoting members from four (4) recognized national professional counselor organizations.
(3) The ex officio members will be selected by their respective organizations.
(c) The commission may remove any member of the executive committee as provided in the bylaws.
(d) The executive committee shall meet at least annually.
(e) The executive committee shall have 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.
(7) Other duties as provided in rules or bylaws.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 9. Establishment of Counseling Compact Commission › 25-42.5-9-5. Meetings Open to Public; Exceptions to Public Meetings; Certification for Nonpublic Meeting; Meeting Minutes

Sec. 5. (a) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in IC 25-42.5-11.
(b) The commission, the executive committee, or other committees of the commission may convene in a closed, nonpublic meeting if the commission, executive committee, or other committees of the commission must discuss any of the following:
(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.
(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 this section, 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 therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 9. Establishment of Counseling Compact Commission › 25-42.5-9-6. Commission Funding and Expenses; Record Keeping and Audits

Sec. 6. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of the commission's establishment, organization, and ongoing activities.
(b) The commission may accept any and all 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 shall 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 shall not incur obligations of any kind prior to securing the funds adequate to meet the same nor shall the commission 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 shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 9. Establishment of Counseling Compact Commission › 25-42.5-9-7. Immunity, Defense, and Indemnifications

Sec. 7. (a) The members, officers, executive director, employees and representatives of the commission shall be 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. However, nothing in this section shall 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. However, nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional, 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, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 10. Data System › 25-42.5-10-1. Coordinated Data Base and Reporting System

Sec. 1. The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data base and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 10. Data System › 25-42.5-10-2. Member State's Duty to Provide Uniform Data Set

Sec. 2. 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 the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or privilege to practice.
(4) Nonconfidential information related to alternative program participation.
(5) Any denial of application for licensure, and the reasons for the denial.
(6) Current significant investigative information.
(7) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 10. Data System › 25-42.5-10-3. Availability of Investigative Information

Sec. 3. Investigative information pertaining to a licensee in any member state will only be available to other member states.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 10. Data System › 25-42.5-10-4. Commission's Duty to Notify All Member States of Adverse Actions

Sec. 4. 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 will be available to any other member state.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 10. Data System › 25-42.5-10-5. Discretion to Designate Data Privacy

Sec. 5. 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.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 10. Data System › 25-42.5-10-6. Removal of Information Following Expungement

Sec. 6. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 11. Rulemaking › 25-42.5-11-1. Rulemaking; General

Sec. 1. (a) The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the compact.
(b) Notwithstanding subsection (a), in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then the action by the commission shall be invalid and have no force or effect.
As added by P.L.98-2023, SEC.2.