1.4 The Counseling Compact and Interstate Practice

Purpose and Overview of the Counseling Compact

The Counseling Compact is an interstate compact designed to facilitate the practice of professional counseling across state lines, thereby increasing public access to mental health services and ensuring continuity of care. The Compact establishes a pathway for Licensed Professional Counselors (LPCs) in member states to obtain a 'privilege to practice' in other member states without the necessity of obtaining separate, individual licenses in each jurisdiction.

Oklahoma Enactment and Board Implementation Timeline

Oklahoma officially joined the Counseling Compact through legislation enacted in 2023. The bill, Senate Bill 575 (Laws 2023, c. 123, § 2), was signed into law and codified in the Oklahoma Statutes under Title 59, Section 1921.1 (59 O.S. § 1921.1). The statutory effective date of the law was November 1, 2023. Although the legislation is active, the physical implementation of the Compact is a multi-stage process. As of mid-2026, the State Board of Behavioral Health Licensure (BBHL) is in the active implementation phase. This phase requires the Board to establish secure database links with the Counseling Compact Commission’s national data system, train licensing staff, and finalize the administrative pathways for counselors to apply for and transition to compact privileges. The Board has projected that full participation, allowing Oklahoma LPCs to actively utilize compact privileges, will begin in late 2026.

Home State License and Remote State Privileges

The Counseling Compact relies on several core concepts:

• Home State License: The primary license held by the counselor in their state of principal residence. To practice under the compact, a counselor must maintain an active, unencumbered LPC license in their designated home state.
• Remote State: Any member state of the compact other than the counselor's home state.
• Privilege to Practice: The legal authorization granted to a counselor from a member home state to practice professional counseling (either in-person or via telehealth) in a remote member state. The privilege is equivalent to a license in that remote state.

To be eligible for a privilege to practice under the Counseling Compact, an Oklahoma LPC must meet the following criteria:

1. Hold an active and unencumbered license in Oklahoma (which serves as their home state);
2. Have no active disciplinary action against their license, and have a clean regulatory record with no disciplinary history within the preceding two (2) years;
3. Submit to a national, fingerprint-based criminal history background check (facilitated by the OSBI and FBI);
4. Complete the required application process through the Counseling Compact Commission and pay both the compact Commission fee and the privilege fee designated by the remote state; and
5. Complete any jurisprudence exam required by the remote state (some states require a brief test of local laws before issuing a privilege).

Remote State Regulations and Telehealth Guidelines

Once a counselor obtains a privilege to practice in a remote state, their clinical practice in that state is governed by the laws, regulations, and scope of practice of the remote state. This is a critical legal requirement: the counselor must practice according to the rules of the state where the client is located at the time services are rendered. For example, if an Oklahoma LPC is providing telehealth services to a client located in Texas (a member state), the counselor must comply with Texas counseling statutes, mandatory abuse reporting laws, client consent regulations, and telehealth standards, even if they differ from Oklahoma rules.

Telehealth under the Compact: The Compact explicitly allows for the delivery of professional counseling services via telehealth. However, the counselor must use secure, HIPAA-compliant communication technology and must comply with the remote state's specific telehealth regulations (such as client verification and emergency protocol requirements).

Adverse Actions and Centralized Database Coordination

Disciplinary action and regulatory coordination are managed through a centralized database:

• The remote state has the authority to investigate complaints and take action against a counselor's privilege to practice in that state. If a remote state revokes or suspends a counselor's privilege, the counselor is barred from practicing in that state.
• The home state (Oklahoma) retains the authority to discipline the counselor's primary license.
• Central Data System: All member states are linked to a national database that tracks licenses, privileges, and disciplinary actions. If Oklahoma suspends or revokes a counselor's home state license, all privileges to practice in remote states are automatically and immediately deactivated. The counselor cannot practice in any remote state until their home state license is restored to active, unencumbered status and a two-year waiting period has elapsed following the resolution of the discipline.

The Counseling Compact is governed by the Counseling Compact Commission, an interstate governmental joint public agency. Each member state appoints one Commissioner (typically the Board Director or a Board member) to participate in the governing assembly. This Commission has rulemaking authority to establish bylaws, resolve disputes, and maintain the central data system.

For active duty military members and their spouses, the Compact provides a critical exemption. Under the compact rules, an active duty service member or their spouse may designate a home state where they already hold an active license. When the service member is stationed in another member state, they can maintain their home state designation and continue practicing without needing to establish residency or obtain a new license in the new state, ensuring career continuity for military families.

The Compact defines 'Adverse Action' as any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board, including actions against a license or privilege to practice, such as revocation, suspension, probation, or monitoring. An 'Encumbrance' refers to a license or privilege that is restricted, suspended, or limited in any way by a licensing board. Practitioners utilizing the Compact must ensure that the communication platforms used are secure, encrypted, and HIPAA-compliant, and must establish emergency response protocols specific to the client's location, including identifying local crisis resources and emergency contacts.