(A) To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall:
- (1) hold a license in the home state;
- (2) have a valid United States social security number or national practitioner identifier;
- (3) be eligible for a privilege to practice in any member state in accordance with subsections (D), (G), and (H);
- (4) have not had any encumbrance or restriction against any license or privilege to practice within the previous two 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 the remote state in which the licensee is seeking a privilege to practice; and
- (9) report to the commission any adverse action, encumbrance, or restriction on a license taken by any nonmember state within thirty days from the date the action is taken.
- (B) The privilege to practice is valid until the expiration date of the home-state license. The licensee must comply with the requirements of subsection (A) to maintain the privilege to practice in the remote state.
- (C) 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.
- (D) 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, and/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.
(E) If a home-state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:
- (1) the home-state license is no longer encumbered; and
- (2) have not had any encumbrance or restriction against any license or privilege to practice within the previous two years.
- (F) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) to obtain a privilege to practice in any remote state.
(G) 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:
- (1) the specific period of time for which the privilege to practice was removed has ended;
- (2) all fines have been paid; and
- (3) have not had any encumbrance or restriction against any license or privilege to practice within the previous two years.
- (H) Once the requirements of subsection (G) have been met, the licensee must meet the requirements in subsection (A) to obtain a privilege to practice in a remote state.
HISTORY: 2024 Act No. 189 (S.610), Section 2, eff May 21, 2024.