§ 3–1281.04. 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 state in accordance with subsections (d), (g), and (h) of this section;

(4) Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years;

(5) Notify the Commission that the licensee is seeking the privilege to practice within a remote state;

(6) Pay any applicable fees, including any state fee, for the privilege to practice;

(7) Meet any continuing competence or continuing education requirements established by the home state;

(8) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a privilege to practice; and

(9) Report to the Commission any adverse action, encumbrance, or restriction on a license taken by any non-member state within 30 days from the date the action is taken.

(b) The privilege to practice is valid until the expiration date of the home state license; provided, that the licensee shall comply with the requirements of subsection (a) of this section to maintain the privilege to practice in the remote state.

(c) A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.

(d) A licensee providing professional counseling services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's privilege to practice in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a privilege to practice in any member state until the specific time for removal has passed and all fines are paid.

(e) If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occurs:

(1) The home state license is no longer encumbered; and

(2) Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.

(f) Once an encumbered license in the home state is restored to good standing, the licensee shall meet the requirements of subsection (a) of this section to obtain a privilege to practice in any remote state.

(g) If a licensee's privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur:

(1) The specific period of time for which the privilege to practice was removed has ended;

(2) All fines have been paid; and

(3) Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.

(h) Once the requirements of subsection (g) of this section have been met, the licensee shall meet the requirements in subsection (a) of this section to obtain a privilege to practice in a remote state.