Del. Code tit. 24 § 3005A

Current through 2024 Legislative Session Act Chapter 510
Section 3005A - [See Note] Obtaining a new home state license based on a privilege to practice
(a) A Licensed Professional Counselor may hold a Home state license, which allows for a Privilege to Practice in other Member states, in only one Member state at a time.
(b) If a Licensed Professional Counselor changes Primary state of Residence by moving between 2 Member states:
(1) 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.
(2) 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 § 3004A of this title via the Data System, without need for primary source verification except for:
a. 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 92544;
b. Other criminal background check as required by the new Home state; and
c. Completion of any requisite Jurisprudence Requirements of the new Home state.
(3) 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.
(4) Notwithstanding any other provision of this Compact, if the Licensed Professional Counselor cannot meet the criteria in § 3004A of this title, the new Home state may apply its requirements for issuing a new Single state License.
(5) The Licensed Professional Counselor shall pay all applicable fees to the new Home state in order to be issued a new Home state license.
(c) If a Licensed Professional Counselor changes Primary state of Residence by moving from a Member state to a non-Member state, or from a non-Member state to a Member state, the state criteria shall apply for issuance of a Single state License in the new state.
(d) Nothing in this Compact shall interfere with a Licensee's ability to hold a Single state License in multiple states, however for the purposes of this Compact, a Licensee shall have only one Home state license.
(e) Nothing in this Compact shall affect the requirements established by a Member state for the issuance of a Single state License.

24 Del. C. § 3005A

Added by Laws 2021, ch. 395,s 1, eff. .
Section 2 of the enacting legislation provides that this section takes effect upon the enactment of the Multistate Professional Counselor Licensure Compact by the tenth state. The Secretary of State shall provide notice published in the Register of Regulations that the Multistate Professional Counselor Licensure Compact has been adopted by 10 states.