Maine Revised Statutes Title 32 Sec. 18556 – Obtaining a new home state license based on a privilege to practice
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1. Home state license. A licensed professional counselor may hold a home state license that allows for a privilege to practice in other member states in only one member state at a time.
[PL 2021, c. 547, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 18556
- 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
- Jurisprudence: The study of law and the structure of the legal system.
- 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
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- 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
2. Change of primary state of residence. If a licensed professional counselor changes the primary state of residence by moving between 2 member states:
A. The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees and notify the current and new home state in accordance with applicable rules adopted by the commission; [PL 2021, c. 547, §1 (NEW).]
B. Upon receipt of an application for obtaining a new home state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in section 18555 via the data system, without need for primary source verification except for:
(1) A Federal Bureau of Investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544;
(2) Any other criminal background check as required by the new home state; and
(3) Completion of any requisite jurisprudence requirements of the new home state; [PL 2021, c. 547, §1 (NEW).]
C. The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission; [PL 2021, c. 547, §1 (NEW).]
D. Notwithstanding any other provision of this compact, if the licensed professional counselor cannot meet the criteria in section 18555, the new home state may apply its requirements for issuing a new single-state license; and [PL 2021, c. 547, §1 (NEW).]
E. The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license. [PL 2021, c. 547, §1 (NEW).]
[PL 2021, c. 547, §1 (NEW).]
3. Change of residence; nonmember states. If a licensed professional counselor changes the primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria applies for issuance of a single-state license in the new state.
[PL 2021, c. 547, §1 (NEW).]
4. Single-state licenses. Nothing in this compact interferes with a licensee‘s ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee may have only one home state license.
[PL 2021, c. 547, §1 (NEW).]
5. Single-state license requirements. Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).