Maine Revised Statutes Title 32 Sec. 18559 – Adverse actions
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1. Adverse action authority. In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to:
A. Take adverse action against a licensed professional counselor‘s privilege to practice within that member state; and [PL 2021, c. 547, §1 (NEW).]
B. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located. [PL 2021, c. 547, §1 (NEW).]
Only the home state has the power to take adverse action against a licensed professional counselor’s license issued by the home state.
[PL 2021, c. 547, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 18559
- 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
- Alternative program: means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners. 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Home state: means the member state that is the licensee's primary state of residence. See Maine Revised Statutes Title 32 Sec. 18553
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Licensing board: means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors. See Maine Revised Statutes Title 32 Sec. 18553
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. Conduct; appropriate action. For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
[PL 2021, c. 547, §1 (NEW).]
3. Change of residence. The home state shall complete any pending investigations of a licensed professional counselor who changes the primary state of residence during the course of the investigations. The home state also has the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.
[PL 2021, c. 547, §1 (NEW).]
4. Recovery. A member state, if otherwise permitted by state law, may recover from the affected licensed professional counselor the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensed professional counselor.
[PL 2021, c. 547, §1 (NEW).]
5. Remote state findings. A member state may take adverse action based on the factual findings of the remote state as long as the member state follows its own procedures for taking the adverse action.
[PL 2021, c. 547, §1 (NEW).]
6. Joint investigations. In addition to the authority granted to a member state by its respective professional counseling practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
[PL 2021, c. 547, §1 (NEW).]
7. Deactivation. If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor’s privilege to practice in all other member states must be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against the license of a licensed professional counselor must include a statement that the licensed professional counselor’s privilege to practice is deactivated in all member states during the pendency of the order.
[PL 2021, c. 547, §1 (NEW).]
8. Notification. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
[PL 2021, c. 547, §1 (NEW).]
9. Alternative program. Nothing in this compact overrides a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
[PL 2021, c. 547, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 547, §1 (NEW).