Maine Revised Statutes Title 32 Sec. 18554 – State participation in the compact
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1. Participation requirements. To participate in the compact, a state must currently:
A. License and regulate licensed professional counselors; [PL 2021, c. 547, §1 (NEW).]
B. Require licensees to pass a nationally recognized exam approved by the commission; [PL 2021, c. 547, §1 (NEW).]
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; [PL 2021, c. 547, §1 (NEW).]
D. Require licensees to complete a supervised postgraduate professional experience as defined by the commission; and [PL 2021, c. 547, §1 (NEW).]
E. Have a mechanism in place for receiving and investigating complaints about licensees. [PL 2021, c. 547, §1 (NEW).]
[PL 2021, c. 547, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 18554
- 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. See Maine Revised Statutes Title 32 Sec. 18553
- commission: means the national administrative body whose membership consists of all states that have enacted the compact. See Maine Revised Statutes Title 32 Sec. 18553
- 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. See Maine Revised Statutes Title 32 Sec. 18553
- Home state: means the member state that is the licensee's primary state of residence. See Maine Revised Statutes Title 32 Sec. 18553
- Investigative information: means information, records and documents received or generated by a professional counseling licensing board pursuant to an investigation. See Maine Revised Statutes Title 32 Sec. 18553
- 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. See Maine Revised Statutes Title 32 Sec. 18553
- Licensee: means an individual who currently holds an authorization from a state to practice as a licensed professional counselor. See Maine Revised Statutes Title 32 Sec. 18553
- Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 18553
- Privilege to practice: means a legal authorization that is equivalent to a license permitting the practice of professional counseling in a remote state. See Maine Revised Statutes Title 32 Sec. 18553
- Professional counseling: means the assessment, diagnosis and treatment of behavioral health conditions by a licensed professional counselor. See Maine Revised Statutes Title 32 Sec. 18553
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Rule: means a regulation promulgated by the commission that has the force of law. See Maine Revised Statutes Title 32 Sec. 18553
- 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. See Maine Revised Statutes Title 32 Sec. 18553
- State: means any state, commonwealth, district or territory of the United States that regulates the practice of professional counseling. See Maine Revised Statutes Title 32 Sec. 18553
- Unencumbered license: means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling. See Maine Revised Statutes Title 32 Sec. 18553
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; [PL 2021, c. 547, §1 (NEW).]
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; [PL 2021, c. 547, §1 (NEW).]
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; [PL 2021, c. 547, §1 (NEW).]
D. Comply with the rules of the commission; [PL 2021, c. 547, §1 (NEW).]
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; [PL 2021, c. 547, §1 (NEW).]
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 [PL 2021, c. 547, §1 (NEW).]
G. Provide for the attendance of the state’s commissioner to the counseling compact commission meetings. [PL 2021, c. 547, §1 (NEW).]
[PL 2021, c. 547, §1 (NEW).]
3. Fees. Member states may charge a fee for granting the privilege to practice.
[PL 2021, c. 547, §1 (NEW).]
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.
[PL 2021, c. 547, §1 (NEW).]
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.
[PL 2021, c. 547, §1 (NEW).]
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.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).