Senate File 127 - Introduced SENATE FILE 127 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO SSB 1012) A BILL FOR An Act establishing the professional counselors licensure 1 compact. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1463SV (1) 90 ss/rh

S.F. 127 Section 1. NEW SECTION . 147G.1 Professional counselors 1 licensure compact. 2 1. Purpose . The purpose of this compact is to facilitate 3 the interstate practice of licensed professional counselors 4 with the goal of improving public access to professional 5 counseling services. The practice of professional counseling 6 occurs in the state where the client is located at the time of 7 the counseling services. The compact preserves the regulatory 8 authority of states to protect public health and safety 9 through the current system of state licensure. This compact is 10 designed to achieve the following objectives: 11 a. Increase public access to professional counseling 12 services by providing for the mutual recognition of other 13 member state licenses. 14 b. Enhance the states’ ability to protect the public’s 15 health and safety. 16 c. Encourage the cooperation of member states in regulating 17 multistate practice for licensed professional counselors. 18 d. Support spouses of relocating active duty military 19 personnel. 20 e. Enhance the exchange of licensure, investigative, and 21 disciplinary information among member states. 22 f. Allow for the use of telehealth technology to facilitate 23 increased access to professional counseling services. 24 g. Support the uniformity of professional counseling 25 licensure requirements throughout the states to promote public 26 safety and public health benefits. 27 h. Invest all member states with the authority to hold a 28 licensed professional counselor accountable for meeting all 29 state practice laws in the state in which the client is located 30 at the time care is rendered through the mutual recognition of 31 member state licenses. 32 i. Eliminate the necessity for licenses in multiple states. 33 j. Provide opportunities for interstate practice by 34 licensed professional counselors who meet uniform licensure 35 -1- LSB 1463SV (1) 90 ss/rh 1/ 28

S.F. 127 requirements. 1 2. Definitions. As used in this compact, and except as 2 otherwise provided: 3 a. “Active duty military” means full-time duty status in 4 the active uniformed service of the United States, including 5 members of the national guard and reserves on active duty 6 orders pursuant to 10 U.S.C. §1209 and 10 U.S.C. §1211. 7 b. “Adverse action” means any administrative, civil, 8 equitable, or criminal action permitted by a state’s laws which 9 is imposed by a licensing board or other authority against a 10 licensed professional counselor, including actions against 11 an individual’s license or privilege to practice such as 12 revocation, suspension, probation, monitoring of the licensee, 13 limitation on the licensee’s practice, or any other encumbrance 14 on licensure affecting a licensed professional counselor’s 15 authorization to practice, including issuance of a cease and 16 desist action. 17 c. “Alternative program” means a nondisciplinary monitoring 18 or practice remediation process approved by a professional 19 counseling licensing board to address impaired practitioners. 20 d. “Continuing competence” or “continuing education” means 21 a requirement, as a condition of license renewal, to provide 22 evidence of participation in, or completion of, educational and 23 professional activities relevant to practice or area of work. 24 e. “Counseling compact commission” or “commission” means the 25 national administrative body whose membership consists of all 26 states that have enacted the compact. 27 f. “Current significant investigative information” means all 28 of the following: 29 (1) Investigative information that a licensing board, 30 after a preliminary inquiry that includes notification and 31 an opportunity for the licensed professional counselor to 32 respond, if required by state law, has reason to believe is 33 not groundless and, if proved true, would indicate more than a 34 minor infraction. 35 -2- LSB 1463SV (1) 90 ss/rh 2/ 28

S.F. 127 (2) Investigative information that indicates that the 1 licensed professional counselor represents an immediate threat 2 to public health and safety regardless of whether the licensed 3 professional counselor has been notified and had an opportunity 4 to respond. 5 g. “Data system” means a repository of information about 6 licensees, including but not limited to continuing education, 7 examination, licensure, investigative, privilege to practice, 8 and adverse action information. 9 h. “Encumbered license” means a license in which an 10 adverse action restricts the practice of licensed professional 11 counseling by the licensee and said adverse action has been 12 reported to the national practitioners data bank. 13 i. “Encumbrance” means a revocation or suspension of, or any 14 limitation on, the full and unrestricted practice of licensed 15 professional counseling by a licensing board. 16 j. “Executive committee” means a group of directors elected 17 or appointed to act on behalf of, and within the powers granted 18 to them by, the commission. 19 k. “Home state” means the member state that is the 20 licensee’s primary state of residence. 21 l. “Impaired practitioner” means an individual who has a 22 condition that may impair the individual’s ability to practice 23 as a licensed professional counselor without some type of 24 intervention and may include but is not limited to alcohol and 25 drug dependence, mental health impairment, and neurological or 26 physical impairments. 27 m. “Investigative information” means information, records, 28 and documents received or generated by a professional 29 counseling licensing board pursuant to an investigation. 30 n. “Jurisprudence requirement” , if required by a member 31 state, means the assessment of an individual’s knowledge of 32 the laws and rules governing the practice of professional 33 counseling in a state. 34 o. “Licensed professional counselor” means a counselor 35 -3- LSB 1463SV (1) 90 ss/rh 3/ 28

S.F. 127 licensed by a member state, regardless of the title used by 1 that state, to independently assess, diagnose, and treat 2 behavioral health conditions. 3 p. “Licensee” means an individual who currently holds 4 an authorization from the state to practice as a licensed 5 professional counselor. 6 q. “Licensing board” means the agency of a state, or 7 equivalent, that is responsible for the licensing and 8 regulation of licensed professional counselors. 9 r. “Member state” means a state that has enacted the 10 compact. 11 s. “Privilege to practice” means a legal authorization, 12 which is equivalent to a license, permitting the practice of 13 professional counseling in a remote state. 14 t. “Professional counseling” means the assessment, 15 diagnosis, and treatment of behavioral health conditions by a 16 licensed professional counselor. 17 u. “Remote state” means a member state other than the home 18 state, where a licensee is exercising or seeking to exercise 19 the privilege to practice. 20 v. “Rule” means a regulation promulgated by the commission 21 that has the force of law. 22 w. “Single-state license” means a licensed professional 23 counselor license issued by a member state that authorizes 24 practice only within the issuing state and does not include a 25 privilege to practice in any other member state. 26 x. “State” means any state, commonwealth, district, or 27 territory of the United States that regulates the practice of 28 professional counseling. 29 y. “Telehealth” means the application of telecommunication 30 technology to deliver professional counseling services remotely 31 to assess, diagnose, and treat behavioral health conditions. 32 z. “Unencumbered license” means a license that authorizes 33 a licensed professional counselor to engage in the full and 34 unrestricted practice of professional counseling. 35 -4- LSB 1463SV (1) 90 ss/rh 4/ 28

S.F. 127 3. State participation in the compact. 1 a. To participate in the compact, a state must currently do 2 all of the following: 3 (1) License and regulate licensed professional counselors. 4 (2) Require a licensee to pass a nationally recognized exam 5 approved by the commission. 6 (3) Require a licensee to have a sixty semester-hour or 7 ninety quarter-hour master’s degree in counseling or sixty 8 semester-hours or ninety quarter-hours of graduate course work 9 including the following topic areas: 10 (a) Professional counseling orientation and ethical 11 practice. 12 (b) Social and cultural diversity. 13 (c) Human growth and development. 14 (d) Career development. 15 (e) Counseling and helping relationships. 16 (f) Group counseling and group work. 17 (g) Diagnosis, treatment, assessment, and testing. 18 (h) Research and program evaluation. 19 (i) Other areas as determined by the commission. 20 (4) Require a licensee to complete a supervised 21 postgraduate professional experience as defined by the 22 commission. 23 (5) Have a mechanism in place for receiving and 24 investigating complaints about licensees. 25 b. A member state shall do all of the following: 26 (1) Participate fully in the commission’s data system, 27 including using the commission’s unique identifier as defined 28 in rules. 29 (2) Notify the commission, in compliance with the terms 30 of the compact and rules, of any adverse action or the 31 availability of investigative information regarding a licensee. 32 (3) Implement or utilize procedures for considering the 33 criminal history records of applicants for an initial privilege 34 to practice. These procedures shall include the submission of 35 -5- LSB 1463SV (1) 90 ss/rh 5/ 28

S.F. 127 fingerprints or other biometric-based information by applicants 1 for the purpose of obtaining an applicant’s criminal history 2 record information from the federal bureau of investigation 3 and the agency responsible for retaining that state’s criminal 4 records. 5 (a) A member state must fully implement a criminal 6 background check requirement, within a time frame established 7 by rule, by receiving the results of the federal bureau of 8 investigation record search and shall use the results in making 9 licensure decisions. 10 (b) Communication between a member state, the commission, 11 and among member states regarding the verification of 12 eligibility for licensure through the compact shall not 13 include any information received from the federal bureau of 14 investigation relating to a federal criminal records check 15 performed by a member state under Pub. L. No. 92-544. 16 (4) Comply with the rules of the commission. 17 (5) Require an applicant to obtain or retain a license 18 in the home state and meet the home state’s qualifications 19 for licensure or renewal of licensure, as well as all other 20 applicable state laws. 21 (6) Grant the privilege to practice to a licensee holding 22 a valid unencumbered license in another member state in 23 accordance with the terms of the compact and rules. 24 (7) Provide for the attendance of the state’s commissioner 25 at commission meetings. 26 c. A member state may charge a fee for granting the 27 privilege to practice. 28 d. An individual not residing in a member state shall 29 continue to be able to apply for a member state’s single-state 30 license as provided under the laws of each member state. 31 However, the single-state license granted to these individuals 32 shall not be recognized as granting a privilege to practice 33 professional counseling in any other member state. 34 e. Nothing in this compact shall affect the requirements 35 -6- LSB 1463SV (1) 90 ss/rh 6/ 28

S.F. 127 established by a member state for the issuance of a 1 single-state license. 2 f. A license issued to a licensed professional counselor by 3 a home state to a resident in that state shall be recognized 4 by each member state as authorizing a licensed professional 5 counselor to practice professional counseling, under a 6 privilege to practice, in each member state. 7 4. Privilege to practice. 8 a. To exercise the privilege to practice under the terms of 9 the compact, the licensee shall do all of the following: 10 (1) Hold a license in the home state. 11 (2) Have a valid United States social security number or 12 national practitioner identifier. 13 (3) Be eligible for a privilege to practice in any member 14 state in accordance with paragraphs “d” , “g” , and “h” . 15 (4) Have not had any encumbrance or restriction against any 16 license or privilege to practice within the previous two years 17 from the date of application. 18 (5) Notify the commission that the licensee is seeking the 19 privilege to practice within a remote state. 20 (6) Pay any applicable fees, including any state fee, for 21 the privilege to practice. 22 (7) Meet any continuing competence or continuing education 23 requirements established by the home state. 24 (8) Meet any jurisprudence requirements established by the 25 remote state in which the licensee is seeking a privilege to 26 practice. 27 (9) Report to the commission any adverse action, 28 encumbrance, or restriction on any license taken by any 29 nonmember state within thirty days from the date the action is 30 taken. 31 b. The privilege to practice is valid until the expiration 32 date of the home state license. The licensee must comply with 33 the requirements of paragraph “a” to maintain the privilege to 34 practice in the remote state. 35 -7- LSB 1463SV (1) 90 ss/rh 7/ 28

S.F. 127 c. A licensee providing professional counseling in a remote 1 state under the privilege to practice shall adhere to the laws 2 and regulations of the remote state. 3 d. A licensee providing professional counseling services in 4 a remote state is subject to that state’s regulatory authority. 5 A remote state may, in accordance with due process and that 6 state’s laws, remove a licensee’s privilege to practice in the 7 remote state for a specific period of time, impose fines, or 8 take any other necessary actions to protect the health and 9 safety of its citizens. The licensee may be ineligible for a 10 privilege to practice in any member state until the specific 11 time for removal has passed and all fines are paid. 12 e. If a home state license is encumbered, the licensee shall 13 lose the privilege to practice in any remote state until all 14 of the following occur: 15 (1) The home state license is no longer encumbered. 16 (2) The licensee has not had any encumbrance or restriction 17 against any license or privilege to practice within the 18 previous two years. 19 f. Once an encumbered license in the home state is restored 20 to good standing, the licensee must meet the requirements of 21 paragraph “a” to obtain a privilege to practice in any remote 22 state. 23 g. If a licensee’s privilege to practice in any remote state 24 is removed, the individual may lose the privilege to practice 25 in all other remote states until all of the following occur: 26 (1) The specific period of time for which the privilege to 27 practice was removed has ended. 28 (2) All fines have been paid. 29 (3) The licensee has not had any encumbrance or restriction 30 against any license or privilege to practice within the 31 previous two years. 32 h. Once the requirements of paragraph “g” have been met, the 33 licensee must meet the requirements of paragraph “a” to obtain a 34 privilege to practice in a remote state. 35 -8- LSB 1463SV (1) 90 ss/rh 8/ 28

S.F. 127 5. Obtaining a new home state license based on a privilege 1 to practice. 2 a. A licensed professional counselor may hold a home state 3 license, which allows for a privilege to practice in other 4 member states, in only one member state at a time. 5 b. If a licensed professional counselor changes primary 6 state of residence by moving between two member states: 7 (1) The licensed professional counselor shall file an 8 application for obtaining a new home state license based on a 9 privilege to practice, pay all applicable fees, and notify the 10 current and new home state in accordance with applicable rules 11 adopted by the commission. 12 (2) Upon receipt of an application for obtaining a new 13 home state license by virtue of a privilege to practice, the 14 new home state shall verify that the licensed professional 15 counselor meets the pertinent criteria outlined in subsection 16 4 via the data system, without need for primary source 17 verification except for the following: 18 (a) A federal bureau of investigation fingerprint-based 19 criminal background check if not previously performed or 20 updated pursuant to applicable rules adopted by the commission 21 in accordance with Pub. L. No. 92-544. 22 (b) Other criminal background checks as required by the new 23 home state. 24 (c) Completion of any requisite jurisprudence requirements 25 of the new home state. 26 (3) The former home state shall convert the former home 27 state license into a privilege to practice once the new home 28 state has activated the new home state license in accordance 29 with applicable rules adopted by the commission. 30 (4) Notwithstanding any other provision of this compact, if 31 the licensed professional counselor cannot meet the criteria in 32 subsection 4, the new home state may apply its requirements for 33 issuing a new single state license. 34 (5) The licensed professional counselor shall pay all 35 -9- LSB 1463SV (1) 90 ss/rh 9/ 28

S.F. 127 applicable fees to the new home state in order to be issued a 1 new home state license. 2 c. If a licensed professional counselor changes primary 3 state of residence by moving from a member state to a nonmember 4 state, or from a nonmember state to a member state, the state 5 criteria shall apply for issuance of a single state license in 6 the new state. 7 d. Nothing in this compact shall interfere with a licensee’s 8 ability to hold a single state license in multiple states; 9 however, for the purposes of this compact, a licensee shall 10 have only one home state license. 11 e. Nothing in this compact shall affect the requirements 12 established by a member state for the issuance of a single 13 state license. 14 6. Active duty military personnel or their spouses. Active 15 duty military personnel or their spouses shall designate a 16 home state where the individual has a current license in good 17 standing. The individual may retain the home state designation 18 during the period the service member is on active duty. 19 Subsequent to designating a home state, the individual shall 20 only change their home state through application for licensure 21 in the new state or through the process outlined in subsection 22 5. 23 7. Compact privilege to practice telehealth. 24 a. Member states shall recognize the right of a licensed 25 professional counselor, licensed by a home state in accordance 26 with subsection 3 and under rules promulgated by the 27 commission, to practice professional counseling in any member 28 state via telehealth under a privilege to practice as provided 29 in the compact and rules promulgated by the commission. 30 b. A licensee providing professional counseling services in 31 a remote state under the privilege to practice shall adhere to 32 the laws and regulations of the remote state. 33 8. Adverse actions. 34 a. In addition to the other powers conferred by state law, 35 -10- LSB 1463SV (1) 90 ss/rh 10/ 28

S.F. 127 a remote state shall have the authority, in accordance with 1 existing state due process law, to do all of the following: 2 (1) Take adverse action against a licensed professional 3 counselor’s privilege to practice within that member state. 4 (2) Issue subpoenas for both hearings and investigations 5 that require the attendance and testimony of witnesses as well 6 as the production of evidence. Subpoenas issued by a licensing 7 board in a member state for the attendance and testimony of 8 witnesses or the production of evidence from another member 9 state shall be enforced in the latter state by any court of 10 competent jurisdiction, according to the practice and procedure 11 of that court applicable to subpoenas issued in proceedings 12 pending before it. The issuing authority shall pay any witness 13 fees, travel expenses, mileage, and other fees required by 14 the service statutes of the state in which the witnesses or 15 evidence are located. 16 (3) Only the home state shall have the power to take adverse 17 action against a licensed professional counselor’s license 18 issued by the home state. 19 b. For purposes of taking adverse action, the home state 20 shall give the same priority and effect to reported conduct 21 received from a member state as it would if the conduct had 22 occurred within the home state. In so doing, the home state 23 shall apply its own state laws to determine appropriate action. 24 c. The home state shall complete any pending investigations 25 of a licensed professional counselor who changes primary state 26 of residence during the course of the investigations. The home 27 state shall also have the authority to take appropriate action 28 and shall promptly report the conclusions of the investigations 29 to the administrator of the data system. The administrator of 30 the coordinated licensure information system shall promptly 31 notify the new home state of any adverse actions. 32 d. A member state, if otherwise permitted by state law, 33 may recover from the affected licensed professional counselor 34 the costs of investigations and dispositions of cases 35 -11- LSB 1463SV (1) 90 ss/rh 11/ 28

S.F. 127 resulting from any adverse action taken against that licensed 1 professional counselor. 2 e. A member state may take adverse action based on the 3 factual findings of the remote state, provided that the member 4 state follows its own procedures for taking the adverse action. 5 f. Joint investigations. 6 (1) In addition to the authority granted to a member state 7 by its respective professional counseling practice compact or 8 other applicable state law, any member state may participate 9 with other member states in joint investigations of licensees. 10 (2) Member states shall share any investigative, 11 litigation, or compliance materials in furtherance of any joint 12 or individual investigation initiated under the compact. 13 g. If adverse action is taken by the home state against 14 the license of a licensed professional counselor, the licensed 15 professional counselor’s privilege to practice in all other 16 member states shall be deactivated until all encumbrances 17 have been removed from the state license. All home state 18 disciplinary orders that impose adverse action against the 19 license of a licensed professional counselor shall include a 20 statement that the licensed professional counselor’s privilege 21 to practice is deactivated in all member states during the 22 pendency of the order. 23 h. If a member state takes adverse action, it shall promptly 24 notify the administrator of the data system. The administrator 25 of the data system shall promptly notify the home state of any 26 adverse actions by remote states. 27 i. Nothing in this compact shall override a member state’s 28 decision that participation in an alternative program may be 29 used in lieu of adverse action. 30 9. Establishment of counseling compact commission. 31 a. The compact member states hereby create and establish a 32 joint public agency known as the counseling compact commission. 33 (1) The commission is an instrumentality of the compact 34 states. 35 -12- LSB 1463SV (1) 90 ss/rh 12/ 28

S.F. 127 (2) Venue is proper and judicial proceedings by or against 1 the commission shall be brought solely and exclusively in a 2 court of competent jurisdiction where the principal office of 3 the commission is located. The commission may waive venue and 4 jurisdictional defenses to the extent it adopts or consents to 5 participate in alternative dispute resolution proceedings. 6 (3) Nothing in this compact shall be construed to be a 7 waiver of sovereign immunity. 8 b. Membership, voting, and meetings. 9 (1) Each member state shall have and be limited to one 10 delegate selected by that member state’s licensing board. 11 (2) The delegate shall be one of the following: 12 (a) A current member of the licensing board at the time of 13 appointment who is a licensed professional counselor or public 14 member. 15 (b) An administrator of the licensing board. 16 (3) Any delegate may be removed or suspended from office 17 as provided by the law of the state from which the delegate is 18 appointed. 19 (4) The member state licensing board shall fill any vacancy 20 occurring on the commission within sixty days of a vacancy. 21 (5) Each delegate shall be entitled to one vote with regard 22 to the promulgation of rules and creation of bylaws and shall 23 otherwise have an opportunity to participate in the business 24 and affairs of the commission. 25 (6) A delegate shall vote in person or by such other 26 means as provided in the bylaws. The bylaws may provide for 27 delegates’ participation in meetings by telephone or other 28 means of communication. 29 (7) The commission shall meet at least once during each 30 calendar year. Additional meetings shall be held as set forth 31 in the bylaws. 32 (8) The commission shall by rule establish a term of office 33 for delegates and may by rule establish term limits. 34 c. The commission shall have the following powers and 35 -13- LSB 1463SV (1) 90 ss/rh 13/ 28

S.F. 127 duties: 1 (1) Establish the fiscal year of the commission. 2 (2) Establish bylaws. 3 (3) Maintain its financial records in accordance with the 4 bylaws. 5 (4) Meet and take such actions as are consistent with the 6 provisions of this compact and the bylaws. 7 (5) Promulgate rules which shall be binding to the extent 8 and in the manner provided for in the compact. 9 (6) Bring and prosecute legal proceedings or actions in the 10 name of the commission, provided that the standing of any state 11 licensing board to sue or be sued under applicable law shall 12 not be affected. 13 (7) Purchase and maintain insurance and bonds. 14 (8) Borrow, accept, or contract for services of personnel, 15 including but not limited to employees of a member state. 16 (9) Hire employees, elect or appoint officers, fix 17 compensation, define duties, grant such individuals appropriate 18 authority to carry out the purposes of the compact, and 19 establish the commission’s personnel policies and programs 20 relating to conflicts of interest, qualifications of personnel, 21 and other related personnel matters. 22 (10) Accept any and all appropriate donations and grants 23 of money, equipment, supplies, materials, and services, and 24 receive, utilize, and dispose of the same; provided that at all 25 times the commission shall avoid any appearance of impropriety 26 or conflict of interest. 27 (11) Lease, purchase, accept appropriate gifts or donations 28 of, or otherwise to own, hold, improve or use, any property, 29 real, personal, or mixed; provided that at all times the 30 commission shall avoid any appearance of impropriety. 31 (12) Sell, convey, mortgage, pledge, lease, exchange, 32 abandon, or otherwise dispose of any property, real, personal, 33 or mixed. 34 (13) Establish a budget and make expenditures. 35 -14- LSB 1463SV (1) 90 ss/rh 14/ 28

S.F. 127 (14) Borrow money. 1 (15) Appoint committees, including standing committees 2 composed of members, state regulators, state legislators or 3 their representatives, and consumer representatives, and such 4 other interested persons as may be designated in this compact 5 and the bylaws. 6 (16) Provide and receive information from, and cooperate 7 with, law enforcement agencies. 8 (17) Establish and elect an executive committee. 9 (18) Perform such other functions as may be necessary or 10 appropriate to achieve the purposes of this compact consistent 11 with the state regulation of professional counseling licensure 12 and practice. 13 d. The executive committee. 14 (1) The executive committee shall have the power to act 15 on behalf of the commission according to the terms of this 16 compact. 17 (2) The executive committee shall be composed of up to 18 eleven members: 19 (a) Seven voting members who are elected by the commission 20 from the current membership of the commission. 21 (b) Up to four ex officio, nonvoting members from four 22 recognized national professional counselor organizations. 23 (c) The ex officio, nonvoting members shall be selected by 24 their respective organizations. 25 (3) The commission may remove any member of the executive 26 committee as provided in bylaws. 27 (4) The executive committee shall meet at least annually. 28 (5) The executive committee shall have the following duties 29 and responsibilities: 30 (a) Recommend to the entire commission changes to the rules 31 or bylaws, changes to this compact legislation, fees paid by 32 compact member states such as annual dues, and any commission 33 compact fee charged to licensees for the privilege to practice. 34 (b) Ensure compact administration services are 35 -15- LSB 1463SV (1) 90 ss/rh 15/ 28

S.F. 127 appropriately provided, contractual or otherwise. 1 (c) Prepare and recommend the budget. 2 (d) Maintain financial records on behalf of the commission. 3 (e) Monitor compact compliance of member states and provide 4 compliance reports to the commission. 5 (f) Establish additional committees as necessary. 6 (g) Other duties as provided in rules or bylaws. 7 e. Meetings of the commission. 8 (1) All meetings shall be open to the public, and public 9 notice of meetings shall be given in the same manner as 10 required under the rulemaking provisions in subsection 11. 11 (2) The commission or the executive committee or other 12 committees of the commission may convene in a closed, nonpublic 13 meeting if the commission or executive committee or other 14 committees of the commission must discuss any of the following: 15 (a) Noncompliance of a member state with its obligations 16 under the compact. 17 (b) The employment, compensation, discipline, or other 18 matters, practices, or procedures related to specific employees 19 or other matters related to the commission’s internal personnel 20 practices and procedures. 21 (c) Current, threatened, or reasonably anticipated 22 litigation. 23 (d) Negotiation of contracts for the purchase, lease, or 24 sale of goods, services, or real estate. 25 (e) Accusing any person of a crime or formally censuring any 26 person. 27 (f) Disclosure of trade secrets or commercial or financial 28 information that is privileged or confidential. 29 (g) Disclosure of information of a personal nature where 30 disclosure would constitute a clearly unwarranted invasion of 31 personal privacy. 32 (h) Disclosure of investigative records compiled for law 33 enforcement purposes. 34 (i) Disclosure of information related to any investigative 35 -16- LSB 1463SV (1) 90 ss/rh 16/ 28

S.F. 127 reports prepared by or on behalf of or for use of the 1 commission or other committee charged with responsibility of 2 investigation or determination of compliance issues pursuant 3 to the compact. 4 (j) Matters specifically exempted from disclosure by 5 federal or member state statute. 6 (3) If a meeting, or portion of a meeting, is closed 7 pursuant to this paragraph “e” , the commission’s legal counsel 8 or designee shall certify that the meeting may be closed and 9 shall reference each relevant exempting provision. 10 (4) The commission shall keep minutes that fully and clearly 11 describe all matters discussed in a meeting and shall provide 12 a full and accurate summary of actions taken, and the reasons 13 therefore, including a description of the views expressed. 14 All documents considered in connection with an action shall 15 be identified in such minutes. All minutes and documents of 16 a closed meeting shall remain under seal, subject to release 17 by a majority vote of the commission or order of a court of 18 competent jurisdiction. 19 f. Financing the commission. 20 (1) The commission shall pay, or provide for the payment of, 21 the reasonable expenses of its establishment, organization, and 22 ongoing activities. 23 (2) The commission may accept any and all appropriate 24 revenue sources, donations, and grants of money, equipment, 25 supplies, materials, and services. 26 (3) The commission may levy on and collect an annual 27 assessment from each member state or impose fees on other 28 parties to cover the cost of the operations and activities 29 of the commission and its staff, which must be in a total 30 amount sufficient to cover its annual budget as approved each 31 year for which revenue is not provided by other sources. The 32 aggregate annual assessment amount shall be allocated based 33 upon a formula to be determined by the commission, which shall 34 promulgate a rule binding upon all member states. 35 -17- LSB 1463SV (1) 90 ss/rh 17/ 28

S.F. 127 (4) The commission shall not incur obligations of any kind 1 prior to securing the funds adequate to meet the same; nor 2 shall the commission pledge the credit of any of the member 3 states, except by and with the authority of the member state. 4 (5) The commission shall keep accurate accounts of all 5 receipts and disbursements. The receipts and disbursements of 6 the commission shall be subject to the audit and accounting 7 procedures established under its bylaws. However, all receipts 8 and disbursements of funds handled by the commission shall be 9 audited yearly by a certified or licensed public accountant, 10 and the report of the audit shall be included in and become 11 part of the annual report of the commission. 12 g. Qualified immunity, defense, and indemnification. 13 (1) The members, officers, executive director, employees, 14 and representatives of the commission shall be immune from suit 15 and liability, either personally or in their official capacity, 16 for any claim for damage to or loss of property or personal 17 injury or other civil liability caused by or arising out of any 18 actual or alleged act, error, or omission that occurred, or 19 that the person against whom the claim is made had a reasonable 20 basis for believing occurred within the scope of commission 21 employment, duties, or responsibilities; provided that nothing 22 in this paragraph “g” shall be construed to protect any such 23 person from suit or liability for any damage, loss, injury, 24 or liability caused by the intentional or willful or wanton 25 misconduct of that person. 26 (2) The commission shall defend any member, officer, 27 executive director, employee, or representative of the 28 commission in any civil action seeking to impose liability 29 arising out of any actual or alleged act, error, or omission 30 that occurred within the scope of commission employment, 31 duties, or responsibilities, or that the person against 32 whom the claim is made had a reasonable basis for believing 33 occurred within the scope of commission employment, duties, 34 or responsibilities; provided that nothing herein shall be 35 -18- LSB 1463SV (1) 90 ss/rh 18/ 28

S.F. 127 construed to prohibit that person from retaining the person’s 1 own counsel; and provided further, that the actual or alleged 2 act, error, or omission did not result from that person’s 3 intentional or willful or wanton misconduct. 4 (3) The commission shall indemnify and hold harmless 5 any member, officer, executive director, employee, or 6 representative of the commission for the amount of any 7 settlement or judgment obtained against that person arising 8 out of any actual or alleged act, error, or omission that 9 occurred within the scope of commission employment, duties, 10 or responsibilities, or that such person had a reasonable 11 basis for believing occurred within the scope of commission 12 employment, duties, or responsibilities, provided that the 13 actual or alleged act, error, or omission did not result from 14 the intentional, willful, or wanton misconduct of that person. 15 10. Data system. 16 a. The commission shall provide for the development, 17 maintenance, operation, and utilization of a coordinated 18 database and reporting system containing licensure, adverse 19 action, and investigative information on all licensed 20 individuals in member states. 21 b. Notwithstanding any other provision of state law to 22 the contrary, a member state shall submit a uniform data set 23 to the data system on all individuals to whom this compact 24 is applicable as required by the rules of the commission, 25 including all of the following: 26 (1) Identifying information. 27 (2) Licensure data. 28 (3) Adverse actions against a license or privilege to 29 practice. 30 (4) Nonconfidential information related to alternative 31 program participation. 32 (5) Any denial of application for licensure, and the reason 33 for such denial. 34 (6) Current significant investigative information. 35 -19- LSB 1463SV (1) 90 ss/rh 19/ 28

S.F. 127 (7) Other information that may facilitate the 1 administration of this compact, as determined by the rules of 2 the commission. 3 c. Investigative information pertaining to a licensee in any 4 member state will only be available to other member states. 5 d. The commission shall promptly notify all member states of 6 any adverse action taken against a licensee or an individual 7 applying for a license. Adverse action information pertaining 8 to a licensee in any member state will be available to any 9 other member state. 10 e. Member states contributing information to the data 11 system may designate information that may not be shared with 12 the public without the express permission of the contributing 13 state. 14 f. Any information submitted to the data system that is 15 subsequently required to be expunged by the laws of the member 16 state contributing the information shall be removed from the 17 data system. 18 11. Rulemaking. 19 a. The commission shall promulgate reasonable rules in 20 order to effectively and efficiently achieve the purpose of 21 the compact. Notwithstanding the foregoing, in the event the 22 commission exercises its rulemaking authority in a manner that 23 is beyond the scope of the purposes of the compact, or the 24 powers granted hereunder, then such an action by the commission 25 shall be invalid and have no force or effect. 26 b. The commission shall exercise its rulemaking powers 27 pursuant to the criteria set forth in this subsection and the 28 rules adopted thereunder. Rules and amendments shall become 29 binding as of the date specified in each rule or amendment. 30 c. If a majority of the legislatures of the member states 31 rejects a rule, by enactment of a statute or resolution in the 32 same manner used to adopt the compact within four years of the 33 date of adoption of the rule, then such rule shall have no 34 further force and effect in any member state. 35 -20- LSB 1463SV (1) 90 ss/rh 20/ 28