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Home » US Law » 2022 West Virginia Code » Chapter 30. Professions and Occupations » Article 31A. Licensed Professional Counseling Compact

§30-31A-1. 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 and the practice of professional counseling occurs in the state where the client is located at the time of counseling services. The compact preserves the regulatory authority of states to […]

§30-31A-10. 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 data set to the […]

§30-31A-11. Rulemaking

(a) The commission shall promulgate reasonable rules to achieve the purposes of the compact. Notwithstanding the foregoing, if the commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have […]

§30-31A-12. 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 compacts purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

§30-31A-14. 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 the applicability thereof to any […]

§30-31A-15. 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 is not inconsistent with the compact. (c) Any laws […]

§30-31A-2. 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. Chapter 1209 and 10 U.S.C. 1211;

§30-31A-4. 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;

§30-31A-5. 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 one member state at a time. (b) If a licensed professional counselor changes primary state of residence by moving between two member states: (1) The licensed professional counselor shall file an […]

§30-31A-6. Active-Duty Military Personnel or Their Spouses

Active-duty military personnel, or their spouses, 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. After designating a home state, the individual shall only change his or her home state through […]

§30-31A-7. 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 30-31A-3 of this code and under the rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated […]

§30-31A-8. Adverse Actions

(a) In addition to the other powers conferred by state law, a remote state may, in accordance with existing state due process law: (1) Take adverse action against a licensed professional counselors privilege to practice within that member state; and