Revision: Jan. 27, 2022, 4:53 p.m.
Sen. Kahn, Dist 10
January 27, 2022
2022-0346s
07/10
Floor Amendment to SB 397
Amend RSA 330-D:1, XXIII as inserted by section 2 of the bill by replacing it with the following:
XXIII. "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.
Amend RSA 330-D:2, I(c)(7) as inserted by section 2 of the bill by replacing it with the following:
(7) Diagnosis and treatment; assessment and testing;
Amend RSA 330-D:2, II(c) as inserted by section 2 of the bill by replacing it with the following:
(c) Implement or utilize procedures for considering the criminal history records of applicants for an initial privilege to practice. These procedures shall:
(1) Include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records;
(2) Be fully implemented within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and using such results in licensure decisions; and
(3) Ensure that communication between a member state and the commission and among member states does not include any information received from the Federal Bureau of Investigation related to a federal criminal records check performed by a member state under Public Law 92-544;
Amend RSA 330-D:8, II(b)(1) as inserted by section 2 of the bill by replacing it with the following:
(1) A current member of the licensing board at the time of the appointment, who is a licensed professional counselor or public member, or
Amend RSA 330-D:8, II(c) as inserted by section 2 of the bill by replacing it with the following:
(c) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
Amend RSA 330-D:8, III(r) as inserted by section 2 of the bill by replacing it with the following:
(r) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of professional counseling licensure and practice.
Amend RSA 330-D:9, I as inserted by section 2 of the bill by replacing it with the following:
I. 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.
Amend RSA 330-D:11, VII as inserted by section 2 of the bill by replacing it with the following:
VII. The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
Amend RSA 330-D:13 as inserted by section 2 of the bill by replacing it with the following:
330-D:13 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 government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Amend RSA 330-D:14 as inserted by section 2 of the bill by replacing it with the following:
330-D:14 Binding Effect of Compact and Other Laws.
I. 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.
II. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
III. Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
IV. Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states.
V. All permissible agreements between the commission and the member states are binding in accordance with their terms.
VI. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.