Maine Revised Statutes Title 32 Sec. 18555 – Privilege to practice
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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).]
Terms Used In Maine Revised Statutes Title 32 Sec. 18555
- 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
- Continuing competence and education: means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work. See Maine Revised Statutes Title 32 Sec. 18553
- Encumbered license: means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and that adverse action has been reported to the United States Department of Health and Human Services, National Practitioner Data Bank. See Maine Revised Statutes Title 32 Sec. 18553
- Encumbrance: means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board. 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
- Jurisprudence: The study of law and the structure of the legal system.
- 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
- Remote state: means a member state other than the home state where a licensee is exercising or seeking to exercise the privilege to practice. 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
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
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).