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Home » US Law » 2022 Delaware Code » Title 24 - Professions and Occupations » Chapter 30A. Multistate Professional Counselor Licensure Compact

§ 3001A. Purpose.

§ 3001A. 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 […]

§ 3002A. Definitions.

§ 3002A. Definitions. As used in this Compact, and except as otherwise provided, the following definitions shall apply: (1) “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 [10 U.S.C. […]

§ 3003A. State participation in the Compact.

§ 3003A. 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 […]

§ 3004A. Privilege to practice.

§ 3004A. Privilege to practice. (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 […]

§ 3005A. Obtaining a new home state license based on a privilege to practice.

§ 3005A. Obtaining a new home state license based on a privilege to practice. (a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only 1 member state at a time. (b) If a licensed professional counselor changes primary state of residence […]

§ 3006A. Active duty military personnel or their spouses.

§ 3006A. Active duty military personnel or their spouses. Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, […]

§ 3007A. Compact privilege to practice telehealth.

§ 3007A. Compact privilege to practice telehealth. (a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with § 3003A of this title and under rules promulgated by the Commission, to practice professional counseling in any member state via telehealth under a privilege to practice as […]

§ 3008A. Adverse actions.

§ 3008A. Adverse actions. (a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to: (1) Take adverse action against a licensed professional counselor’s privilege to practice within that member state, and (2) Issue subpoenas for both hearings and […]

§ 3009A. Establishment of Counseling Compact Commission.

§ 3009A. Establishment of Counseling Compact Commission. (a) The Compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission: (1) The Commission is an instrumentality of the Compact states. (2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in […]

§ 3010A. Data system.

§ 3010A. Data system. (a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and Investigative Information on all licensed individuals in member states. (b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform […]

§ 3011A. Rulemaking.

§ 3011A. Rulemaking. (a) The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such […]

§ 3012A. Oversight, dispute resolution, and enforcement.

§ 3012A. Oversight, dispute resolution, and enforcement. (a) Oversight. — (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing […]

§ 3014A. Construction and severability.

§ 3014A. Construction and severability. This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or […]

§ 3015A. Binding effect of Compact and other laws.

§ 3015A. Binding effect of Compact and other laws. (a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state. (b) Nothing herein prevents the enforcement of any other law of a member state that […]