2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 147: INTERSTATE COUNSELING COMPACT › 32 §18555. Privilege to practice

§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;   [PL 2021, c. 547, §1 (NEW).]
B. Have a valid United States social security number or national practitioner identifier;   [PL 2021, c. 547, §1 (NEW).]
C. Be eligible for a privilege to practice in any member state in accordance with subsections 4, 7 and 8;   [PL 2021, c. 547, §1 (NEW).]
D. Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years;   [PL 2021, c. 547, §1 (NEW).]
E. Notify the commission that the licensee is seeking the privilege to practice within a remote state;   [PL 2021, c. 547, §1 (NEW).]
F. Pay any applicable fees, including any state fee, for the privilege to practice;   [PL 2021, c. 547, §1 (NEW).]
G. Meet any continuing competence and education requirements established by the home state;   [PL 2021, c. 547, §1 (NEW).]
H. Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a privilege to practice; and   [PL 2021, c. 547, §1 (NEW).]
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.   [PL 2021, c. 547, §1 (NEW).]
[PL 2021, c. 547, §1 (NEW).]
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.
[PL 2021, c. 547, §1 (NEW).]
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.
[PL 2021, c. 547, §1 (NEW).]
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.
[PL 2021, c. 547, §1 (NEW).]
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   [PL 2021, c. 547, §1 (NEW).]
B. The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.   [PL 2021, c. 547, §1 (NEW).]
[PL 2021, c. 547, §1 (NEW).]
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.
[PL 2021, c. 547, §1 (NEW).]
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;   [PL 2021, c. 547, §1 (NEW).]
B. All fines have been paid; and   [PL 2021, c. 547, §1 (NEW).]
C. The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.   [PL 2021, c. 547, §1 (NEW).]
[PL 2021, c. 547, §1 (NEW).]
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.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).