AB163 - Enters into the Counseling Compact. (BDR 54-129)

- 83rd Session (2025) Assembly Bill No. 163–Assemblymember Hafen CHAPTER.......... AN ACT relating to mental health; ratifying and entering into the Counseling Compact; authorizing the sharing of certain information with the coordinated database and reporting system created by the Compact; providing licensed professional counselors practicing in this State under the Compact with the same legal status as clinical professional counselors who are licensed in this State; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law regulates the practice of licensed professional counselors, known as clinical professional counselors, in this State. (Chapter 641A of NRS) Section 1 of this bill ratifies and enters into the Counseling Compact, which is an interstate compact that allows a person who is licensed as a licensed professional counselor in a state that is a member of the Compact to practice as a licensed professional counselor in other states that are members of the Compact. In order to practice as a licensed professional counselor under the Compact, the Compact requires a licensed professional counselor to: (1) hold a license in his or her home state; (2) have a valid social security number or National Practitioner Identifier; (3) notify the Counseling Compact Commission, a joint public agency established by the Compact, that he or she is seeking to practice under the Compact in another state; (4) have had no encumbrances or restrictions placed against any license or authority to practice under the Compact within the previous 2 years; (5) pay any applicable fees; (6) meet any requirements for continuing education established by his or her home state; (7) meet any requirement in the state in which he or she seeks to practice under the Compact to pass an assessment of his or her knowledge of the applicable laws and rules of that state; and (8) report any adverse action taken against him or her or any encumbrance or restriction placed upon him or her in a non-member state within 30 days after the date of the adverse action or the placement of the encumbrance or restriction, as applicable. The Compact also requires a member state to authorize a professional counselor who is licensed in a member state to provide counseling services via telehealth to a patient located in any member state under rules prescribed by the Commission. The Compact authorizes a member state to take certain adverse actions against a licensed professional counselor practicing within that member state under the Compact. The Compact requires the Commission, among other duties, to: (1) establish bylaws; (2) make rules that facilitate and coordinate implementation and administration of the Compact; (3) hold meetings, which may be closed to the public under certain conditions; (4) develop, maintain and use a coordinated database and reporting system; and (5) resolve disputes related to the Compact among states that are members of the Compact. The Commission is additionally authorized to levy and collect an annual assessment from each state that is a member of the Compact. Section 2 of this bill authorizes the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to disclose certain investigatory information to the Commission and the coordinated database and reporting system when required by the Compact. Sections 1 and 4 of this bill provide for the confidentiality of certain information disclosed to the Board from the coordinated database and reporting system. – 2 – - 83rd Session (2025) Section 3 of this bill deems practicing as a licensed professional counselor under the Compact to be equivalent to practicing as a clinical professional counselor under a license issued by the Board. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows: The Counseling Compact is hereby ratified and entered into with all other jurisdictions legally joining the Compact, in substantially the form set forth in this section: COUNSELING COMPACT SECTION 1. PURPOSE The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure. This Compact is designed to achieve the following objectives: A. Increase public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses; B. Enhance the States’ ability to protect the public’s health and safety; C. Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors; D. Support spouses of relocating Active Duty Military personnel; E. Enhance the exchange of licensure, investigative, and disciplinary information among Member States; F. Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services; G. Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits; – 3 – - 83rd Session (2025) H. Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses; I. Eliminate the necessity for licenses in multiple States; and J. Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements. SECTION 2. DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions shall apply: A. “Active Duty Military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211. B. “Adverse Action” means any administrative, civil, equitable or criminal action permitted by a State’s laws which is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individual’s license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other Encumbrance on licensure affecting a Licensed Professional Counselor’s authorization to practice, including issuance of a cease and desist action. C. “Alternative Program” means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners. D. “Continuing Competence/Education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. E. “Counseling Compact Commission” or “Commission” means the national administrative body whose membership consists of all States that have enacted the Compact. F. “Current Significant Investigative Information” means: 1. Investigative Information that a Licensing Board, after a preliminary inquiry that includes notification and an opportunity for the Licensed Professional Counselor to respond, if required by – 4 – - 83rd Session (2025) State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or 2. Investigative Information that indicates that the Licensed Professional Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond. G. “Data System” means a repository of information about Licensees, including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice and Adverse Action information. H. “Encumbered License” means a license in which an Adverse Action restricts the practice of licensed Professional Counseling by the Licensee and said Adverse Action has been reported to the National Practitioners Data Bank (NPDB). I. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board. J. “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. K. “Home State” means the Member State that is the Licensee’s primary State of residence. L. “Impaired Practitioner” means an individual who has a condition(s) that may impair their ability to practice as a Licensed Professional Counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments. M. “Investigative Information” means information, records, and documents received or generated by a Professional Counseling Licensing Board pursuant to an investigation. N. “Jurisprudence Requirement” if required by a Member State, means the assessment of an individual’s knowledge of the laws and Rules governing the practice of Professional Counseling in a State. O. “Licensed Professional Counselor” means a counselor licensed by a Member State, regardless of the title used by that State, to independently assess, diagnose, and treat behavioral health conditions. P. “Licensee” means an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor. – 5 – - 83rd Session (2025) Q. “Licensing Board” means the agency of a State, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors. R. “Member State” means a State that has enacted the Compact. S. “Privilege to Practice” means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote State. T. “Professional Counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor. U. “Remote State” means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice. V. “Rule” means a regulation promulgated by the Commission that has the force of law. W. “Single State License” means a Licensed Professional Counselor license issued by a Member State that authorizes practice only within the issuing State and does not include a Privilege to Practice in any other Member State. X. “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling. Y. “Telehealth” means the application of telecommunication technology to deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions. Z. “Unencumbered License” means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling. SECTION 3. STATE PARTICIPATION IN THE COMPACT A. To Participate in the Compact, a State must currently: 1. License and regulate Licensed Professional Counselors; 2. Require Licensees to pass a nationally recognized exam approved by the Commission; 3. Require Licensees to have a 60 semester-hour (or 90 quarter-hour) master’s degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas: a. Professional Counseling Orientation and Ethical Practice; b. Social and Cultural Diversity; – 6 – - 83rd Session (2025) c. Human Growth and Development; d. Career Development; e. Counseling and Helping Relationships; f. Group Counseling and Group Work; g. Diagnosis and Treatment; Assessment and Testing; h. Research and Program Evaluation; and i. Other areas as determined by the Commission. 4. Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission; and 5. Have a mechanism in place for receiving and investigating complaints about Licensees. B. A Member State shall: 1. Participate fully in the Commission’s Data System, including using the Commission’s unique identifier as defined in Rules; 2. Notify the Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee; 3. Implement or utilize procedures for considering the criminal history records of applicants for an initial Privilege to Practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State’s criminal records; a. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions. b. Communication between a Member State, the Commission and among Member States regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544. 4. Comply with the Rules of the Commission; 5. Require an applicant to obtain or retain a license in the Home State and meet the Home State’s qualifications for licensure or renewal of licensure, as well as all other applicable State laws; – 7 – - 83rd Session (2025) 6. Grant the Privilege to Practice to a Licensee holding a valid Unencumbered License in another M [Text truncated for display. Full text available on LegiScan.]