Alaska 2025-2026 Regular Session

Alaska House Bill HB110 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0110a -1- HB 110
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11	11	HOUSE BILL NO. 110
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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17	17	BY REPRESENTATIVES GRAY, Story
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19	19	Introduced: 2/21/25
20	20	Referred: Labor and Commerce, Finance
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to a social work licensure compact; relating to the practice of social 1
28	28	work; and providing for an effective date." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. AS 08.95.030 is amended to read: 4
31	31	Sec. 08.95.030. Duties. The board shall 5
32	32	(1) issue licenses to qualified applicants; 6
33	33	(2) adopt regulations 7
34	34	(A) requiring that continuing education requirements be 8
35	35	satisfied before a license is renewed; 9
36	36	(B) establishing a code of professional ethics that a licensee 10
37	37	must observe; 11
38	38	(C) establishing standards of practice for social work 12
39	39	performed by a licensee; [AND] 13
40	40	(D) establishing standards for supervisors and for supervision 14 34-LS0258\N
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44	44	that is required for licensure under AS 08.95.110(a); 1
45	45	(E) [(3) ADOPT REGULATIONS] necessary to carry out the 2
46	46	duties and purpose of this chapter; and 3
47	47	(F) necessary to implement the Social Work Licensure 4
48	48	Compact enacted under AS 08.95.200; and 5
49	49	(3) appoint a member of the board to serve as a delegate on the 6
50	50	Social Work Licensure Compact Commission established under AS 08.95.200. 7
51	51	* Sec. 2. AS 08.95.100(a) is amended to read: 8
52	52	(a) A person who practices clinical social work without obtaining a license 9
53	53	under this chapter to practice clinical social work is guilty of a class B misdemeanor 10
54	54	unless the person is 11
55	55	(1) licensed under a provision of this title that is outside this chapter, is 12
56	56	practicing within the scope of that license, and is not representing to the public by title 13
57	57	or description of service as being engaged in the practice of clinical social work; [OR] 14
58	58	(2) practicing clinical social work as a student in a social work 15
59	59	program approved by the board; or 16
60	60	(3) practicing clinical social work under a multistate authorization 17
61	61	to practice. 18
62	62	* Sec. 3. AS 08.95.100(b) is amended to read: 19
63	63	(b) A person is guilty of a class B misdemeanor if the person does not hold a 20
64	64	valid license or multistate authorization to practice [IS NOT LICENSED] 21
65	65	(1) under this chapter and uses the title "social worker" unless the 22
66	66	person is exempt from licensure under AS 08.95.911; 23
67	67	(2) as a clinical social worker under this chapter [OR HAS A 24
68	68	CLINICAL SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR 25
69	69	LAPSED,] and the person 26
70	70	(A) uses in connection with the person's name the words or 27
71	71	letters "L.C.S.W.," "Licensed Clinical Social Worker," or other letters, words, 28
72	72	or insignia indicating or implying that the person is a licensed clinical social 29
73	73	worker; or 30
74	74	(B) in any way, orally or in writing, directly or by implication, 31 34-LS0258\N
75	75	HB0110a -3- HB 110
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78	78	holds out as a licensed clinical social worker; 1
79	79	(3) as a master social worker under this chapter [OR HAS A MASTER 2
80	80	SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR LAPSED,] 3
81	81	and the person 4
82	82	(A) uses in connection with the person's name the words or 5
83	83	letters "L.M.S.W.," "Licensed Master Social Worker," or other letters, words, 6
84	84	or insignia indicating or implying that the person is a licensed master social 7
85	85	worker; or 8
86	86	(B) in any way, orally or in writing, directly or by implication, 9
87	87	holds out as being a licensed master social worker; or 10
88	88	(4) as a baccalaureate social worker under this chapter [OR HAS A 11
89	89	BACCALAUREATE SOCIAL WORKER LICENSE THAT IS SUSPENDED, 12
90	90	REVOKED, OR LAPSED,] and the person 13
91	91	(A) uses in connection with the person's name the words or 14
92	92	letters "L.B.S.W.," "Licensed Baccalaureate Social Worker," or other letters, 15
93	93	words, or insignia indicating or implying that the person is a licensed 16
94	94	baccalaureate social worker; or 17
95	95	(B) in any way, orally or in writing, directly or by implication, 18
96	96	holds out as being a licensed baccalaureate social worker. 19
97	97	* Sec. 4. AS 08.95.120 is amended by adding a new subsection to read: 20
98	98	(c) This section does not apply to an applicant who is a regulated social 21
99	99	worker. 22
100	100	* Sec. 5. AS 08.95.125 is amended by adding a new subsection to read: 23
101	101	(f) This section does not apply to an applicant who is a regulated social 24
102	102	worker. 25
103	103	* Sec. 6. AS 08.95 is amended by adding a new section to read: 26
104	104	Article 2A. Social Work Licensure Compact. 27
105	105	Sec. 08.95.200. Compact enacted. The Social Work Licensure Compact as 28
106	106	contained in this section is enacted into law and entered into on behalf of the state with 29
107	107	all other states and jurisdictions legally joining it in a form substantially as follows: 30
108	108	SECTION 1. PURPOSE. 31 34-LS0258\N
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112	112	The purpose of this Compact is to facilitate interstate practice of Regulated 1
113	113	Social Workers by improving public access to competent Social Work Services. The 2
114	114	Compact preserves the regulatory authority of States to protect public health and 3
115	115	safety through the current system of State licensure. 4
116	116	This Compact is designed to achieve the following objectives: 5
117	117	(A) Increase public access to Social Work Services; 6
118	118	(B) Reduce overly burdensome and duplicative requirements 7
119	119	associated with holding multiple licenses; 8
120	120	(C) Enhance the Member States' ability to protect the public's health 9
121	121	and safety; 10
122	122	(D) Encourage the cooperation of Member States in regulating 11
123	123	multistate practice; 12
124	124	(E) Promote mobility and address workforce shortages by eliminating 13
125	125	the necessity for licenses in multiple States by providing for the mutual recognition of 14
126	126	other Member State licenses; 15
127	127	(F) Support military families; 16
128	128	(G) Facilitate the exchange of licensure and disciplinary information 17
129	129	among Member States; 18
130	130	(H) Authorize all Member States to hold a Regulated Social Worker 19
131	131	accountable for abiding by a Member State's laws, regulations, and applicable 20
132	132	professional standards in the Member State in which the client is located at the time 21
133	133	care is rendered; and 22
134	134	(I) Allow for the use of telehealth to facilitate increased access to 23
135	135	regulated Social Work Services. 24
136	136	SECTION 2. DEFINITIONS. 25
137	137	As used in this Compact, and except as otherwise provided, the following 26
138	138	definitions shall apply: 27
139	139	(A) "Active Military Member" means any individual with full-time 28
140	140	duty status in the active armed forces of the United States including members of the 29
141	141	National Guard and Reserve. 30
142	142	(B) "Adverse Action" means any administrative, civil, equitable or 31 34-LS0258\N
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146	146	criminal action permitted by a State's laws which is imposed by a Licensing Authority 1
147	147	or other authority against a Regulated Social Worker, including actions against an 2
148	148	individual's license or Multistate Authorization to Practice such as revocation, 3
149	149	suspension, probation, monitoring of the Licensee, limitation on the Licensee's 4
150	150	practice, or any other Encumbrance on licensure affecting a Regulated Social Worker's 5
151	151	authorization to practice, including issuance of a cease and desist action. 6
152	152	(C) "Alternative Program" means a non-disciplinary monitoring or 7
153	153	practice remediation process approved by a Licensing Authority to address 8
154	154	practitioners with an Impairment. 9
155	155	(D) "Charter Member States" means Member States who have enacted 10
156	156	legislation to adopt this Compact where such legislation predates the effective date of 11
157	157	this Compact as described in Section 14. 12
158	158	(E) "Compact Commission" or "Commission" means the government 13
159	159	agency whose membership consists of all States that have enacted this Compact, 14
160	160	which is known as the Social Work Licensure Compact Commission, as described in 15
161	161	Section 10, and which shall operate as an instrumentality of the Member States. 16
162	162	(F) "Current Significant Investigative Information" means: 17
163	163	(1) Investigative information that a Licensing Authority, after a 18
164	164	preliminary inquiry that includes notification and an opportunity for the 19
165	165	Regulated Social Worker to respond, has reason to believe is not groundless 20
166	166	and, if proved true, would indicate more than a minor infraction as may be 21
167	167	defined by the Commission; or 22
168	168	(2) Investigative information that indicates that the Regulated 23
169	169	Social Worker represents an immediate threat to public health and safety, as 24
170	170	may be defined by the Commission, regardless of whether the Regulated 25
171	171	Social Worker has been notified and has had an opportunity to respond. 26
172	172	(G) "Data System" means a repository of information about Licensees, 27
173	173	including continuing education, examination, licensure, Current Significant 28
174	174	Investigative Information, Disqualifying Event, Multistate License(s) and Adverse 29
175	175	Action information or other information as required by the Commission. 30
176	176	(H) "Disqualifying Event" means any Adverse Action or incident
177	177	31 34-LS0258\N
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181	181	which results in an Encumbrance that disqualifies or makes the Licensee ineligible to 1
182	182	either obtain, retain or renew a Multistate License. 2
183	183	(I) "Domicile" means the jurisdiction in which the Licensee resides 3
184	184	and intends to remain indefinitely. 4
185	185	(J) "Encumbrance" means a revocation or suspension of, or any 5
186	186	limitation on, the full and unrestricted practice of Social Work licensed and regulated 6
187	187	by a Licensing Authority. 7
188	188	(K) "Executive Committee" means a group of delegates elected or 8
189	189	appointed to act on behalf of, and within the powers granted to them by, the Compact 9
190	190	and Commission. 10
191	191	(L) "Home State" means the Member State that is the Licensee's 11
192	192	primary Domicile. 12
193	193	(M) "Impairment" means a condition(s) that may impair a 13
194	194	practitioner's ability to engage in full and unrestricted practice as a Regulated Social 14
195	195	Worker without some type of intervention and may include alcohol and drug 15
196	196	dependence, mental health impairment, and neurological or physical impairments. 16
197	197	(N) "Licensee(s)" means an individual who currently holds a license 17
198	198	from a State to practice as a Regulated Social Worker. 18
199	199	(O) "Licensing Authority" means the board or agency of a Member 19
200	200	State, or equivalent, that is responsible for the licensing and regulation of Regulated 20
201	201	Social Workers. 21
202	202	(P) "Member State" means a state, commonwealth, district, or territory 22
203	203	of the United States of America that has enacted this Compact. 23
204	204	(Q) "Multistate Authorization to Practice" means a legally authorized 24
205	205	privilege to practice, which is equivalent to a license, associated with a Multistate 25
206	206	License permitting the practice of Social Work in a Remote State. 26
207	207	(R) "Multistate License" means a license to practice as a Regulated 27
208	208	Social Worker issued by a Home State Licensing Authority that authorizes the 28
209	209	Regulated Social Worker to practice in all Member States under Multistate 29
210	210	Authorization to Practice. 30
211	211	(S) "Qualifying National Exam" means a national licensing 31 34-LS0258\N
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215	215	examination approved by the Commission. 1
216	216	(T) "Regulated Social Worker" means any clinical, master's or 2
217	217	bachelor's Social Worker licensed by a Member State regardless of the title used by 3
218	218	that Member State. 4
219	219	(U) "Remote State" means a Member State other than the Licensee's 5
220	220	Home State. 6
221	221	(V) "Rule(s)" or "Rule(s) of the Commission" means a regulation or 7
222	222	regulations duly promulgated by the Commission, as authorized by the Compact, that 8
223	223	has the force of law. 9
224	224	(W) "Single State License" means a Social Work license issued by any 10
225	225	State that authorizes practice only within the issuing State and does not include 11
226	226	Multistate Authorization to Practice in any Member State. 12
227	227	(X) "Social Work" or "Social Work Services" means the application of 13
228	228	social work theory, knowledge, methods, ethics, and the professional use of self to 14
229	229	restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, 15
230	230	couples, families, groups, organizations, and communities through the care and 16
231	231	services provided by a Regulated Social Worker as set forth in the Member State's 17
232	232	statutes and regulations in the State where the services are being provided. 18
233	233	(Y) "State" means any state, commonwealth, district, or territory of the 19
234	234	United States of America that regulates the practice of Social Work. 20
235	235	(Z) "Unencumbered License" means a license that authorizes a 21
236	236	Regulated Social Worker to engage in the full and unrestricted practice of Social 22
237	237	Work. 23
238	238	SECTION 3. STATE PARTICIPATION IN THE COMPACT. 24
239	239	(A) To be eligible to participate in the Compact, a potential Member 25
240	240	State must currently meet all of the following criteria: 26
241	241	(1) License and regulate the practice of Social Work at either 27
242	242	the clinical, master's, or bachelor's category. 28
243	243	(2) Require applicants for licensure to graduate from a program 29
244	244	that is: 30
245	245	(a) Operated by a college or university recognized by 31 34-LS0258\N
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249	249	the Licensing Authority; 1
250	250	(b) Accredited, or in candidacy by an institution that 2
251	251	subsequently becomes accredited, by an accrediting agency recognized 3
252	252	by either: 4
253	253	(i) the Council for Higher Education 5
254	254	Accreditation, or its successor; or 6
255	255	(ii) the United States Department of Education; 7
256	256	and 8
257	257	(c) Corresponds to the licensure sought as outlined in 9
258	258	Section 4. 10
259	259	(3) Require applicants for clinical licensure to complete a 11
260	260	period of supervised practice. 12
261	261	(4) Have a mechanism in place for receiving, investigating, and 13
262	262	adjudicating complaints about Licensees. 14
263	263	(B) To maintain membership in the Compact a Member State shall: 15
264	264	(1) Require that applicants for a Multistate License pass a 16
265	265	Qualifying National Exam for the corresponding category of Multistate 17
266	266	License sought as outlined in Section 4. 18
267	267	(2) Participate fully in the Commission's Data System, 19
268	268	including using the Commission's unique identifier as defined in Rules; 20
269	269	(3) Notify the Commission, in compliance with the terms of the 21
270	270	Compact and Rules, of any Adverse Action or the availability of Current 22
271	271	Significant Investigative Information regarding a Licensee; 23
272	272	(4) Implement procedures for considering the criminal history 24
273	273	records of applicants for a Multistate License. Such procedures shall include 25
274	274	the submission of fingerprints or other biometric-based information by 26
275	275	applicants for the purpose of obtaining an applicant's criminal history record 27
276	276	information from the Federal Bureau of Investigation and the agency 28
277	277	responsible for retaining that State's criminal records. 29
278	278	(5) Comply with the Rules of the Commission; 30
279	279	(6) Require an applicant to obtain or retain a license in the 31 34-LS0258\N
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283	283	Home State and meet the Home State's qualifications for licensure or renewal 1
284	284	of licensure, as well as all other applicable Home State laws; 2
285	285	(7) Authorize a Licensee holding a Multistate License in any 3
286	286	Member State to practice in accordance with the terms of the Compact and 4
287	287	Rules of the Commission; and 5
288	288	(8) Designate a delegate to participate in the Commission 6
289	289	meetings. 7
290	290	(C) A Member State meeting the requirements of Section 3(A) and 8
291	291	3(B) of this Compact shall designate the categories of Social Work licensure that are 9
292	292	eligible for issuance of a Multistate License for applicants in such Member State. To 10
293	293	the extent that any Member State does not meet the requirements for participation in 11
294	294	the Compact at any particular category of Social Work licensure, such Member State 12
295	295	may choose, but is not obligated to issue, a Multistate License to applicants that 13
296	296	otherwise meet the requirements of Section 4 for issuance of a Multistate License in 14
297	297	such category or categories of licensure. 15
298	298	(D) The Home State may charge a fee for granting the Multistate 16
299	299	License. 17
300	300	SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT. 18
301	301	(A) To be eligible for a Multistate License under the terms and 19
302	302	provisions of the Compact, an applicant, regardless of category, must: 20
303	303	(1) Hold or be eligible for an active, Unencumbered License in 21
304	304	the Home State; 22
305	305	(2) Pay any applicable fees, including any State fee, for the 23
306	306	Multistate License; 24
307	307	(3) Submit, in connection with an application for a Multistate 25
308	308	License, fingerprints or other biometric data for the purpose of obtaining 26
309	309	criminal history record information from the Federal Bureau of Investigation 27
310	310	and the agency responsible for retaining that State's criminal records; 28
311	311	(4) Notify the Home State of any Adverse Action, 29
312	312	Encumbrance, or restriction on any professional license taken by any Member 30
313	313	State or non-Member State within 30 days from the date the action is taken; 31 34-LS0258\N
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317	317	(5) Meet any continuing competence requirements established 1
318	318	by the Home State; 2
319	319	(6) Abide by the laws, regulations, and applicable standards in 3
320	320	the Member State where the client is located at the time care is rendered. 4
321	321	(B) An applicant for a clinical-category Multistate License must meet 5
322	322	all of the following requirements: 6
323	323	(1) Fulfill a competency requirement, which shall be satisfied 7
324	324	by either: 8
325	325	(a) Passage of a clinical-category Qualifying National 9
326	326	Exam; 10
327	327	(b) Licensure of the applicant in their Home State at the 11
328	328	clinical category, beginning prior to such time as a Qualifying National 12
329	329	Exam was required by the Home State and accompanied by a period of 13
330	330	continuous Social Work licensure thereafter, all of which may be 14
331	331	further governed by the Rules of the Commission; or 15
332	332	(c) The substantial equivalency of the foregoing 16
333	333	competency requirements which the Commission may determine by 17
334	334	Rule. 18
335	335	(2) Attain at least a master's degree in Social Work from a 19
336	336	program that is: 20
337	337	(a) Operated by a college or university recognized by 21
338	338	the Licensing Authority; and 22
339	339	(b) Accredited, or in candidacy that subsequently 23
340	340	becomes accredited, by an accrediting agency recognized by either: 24
341	341	(i) the Council for Higher Education 25
342	342	Accreditation or its successor; or 26
343	343	(ii) the United States Department of Education. 27
344	344	(3) Fulfill a practice requirement, which shall be satisfied by 28
345	345	demonstrating completion of either: 29
346	346	(a) A period of postgraduate supervised clinical practice 30
347	347	equal to a minimum of three thousand hours; 31 34-LS0258\N
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351	351	(b) A minimum of two years of full-time postgraduate 1
352	352	supervised clinical practice; or 2
353	353	(c) The substantial equivalency of the foregoing 3
354	354	practice requirements which the Commission may determine by Rule. 4
355	355	(C) An applicant for a master's-category Multistate License must meet 5
356	356	all of the following requirements: 6
357	357	(1) Fulfill a competency requirement, which shall be satisfied 7
358	358	by either: 8
359	359	(a) Passage of a masters-category Qualifying National 9
360	360	Exam; 10
361	361	(b) Licensure of the applicant in their Home State at the 11
362	362	master's category, beginning prior to such time as a Qualifying 12
363	363	National Exam was required by the Home State at the master's category 13
364	364	and accompanied by a continuous period of Social Work licensure 14
365	365	thereafter, all of which may be further governed by the Rules of the 15
366	366	Commission; or 16
367	367	(c) The substantial equivalency of the foregoing 17
368	368	competency requirements which the Commission may determine by 18
369	369	Rule. 19
370	370	(2) Attain at least a master's degree in Social Work from a 20
371	371	program that is: 21
372	372	(a) Operated by a college or university recognized by 22
373	373	the Licensing Authority; and 23
374	374	(b) Accredited, or in candidacy that subsequently 24
375	375	becomes accredited, by an accrediting agency recognized by either: 25
376	376	(i) the Council for Higher Education 26
377	377	Accreditation or its successor; or 27
378	378	(ii) the United States Department of Education. 28
379	379	(D) An applicant for a bachelor's-category Multistate License must 29
380	380	meet all of the following requirements: 30
381	381	(1) Fulfill a competency requirement, which shall be satisfied 31 34-LS0258\N
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385	385	by either: 1
386	386	(a) Passage of a bachelor's-category Qualifying 2
387	387	National Exam; 3
388	388	(b) Licensure of the applicant in their Home State at the 4
389	389	bachelor's category, beginning prior to such time as a Qualifying 5
390	390	National Exam was required by the Home State and accompanied by a 6
391	391	period of continuous Social Work licensure thereafter, all of which may 7
392	392	be further governed by the Rules of the Commission; or 8
393	393	(c) The substantial equivalency of the foregoing 9
394	394	competency requirements which the Commission may determine by 10
395	395	Rule. 11
396	396	(2) Attain at least a bachelor's degree in Social Work from a 12
397	397	program that is: 13
398	398	(a) Operated by a college or university recognized by 14
399	399	the Licensing Authority; and 15
400	400	(b) Accredited, or in candidacy that subsequently 16
401	401	becomes accredited, by an accrediting agency recognized by either: 17
402	402	(i) the Council for Higher Education 18
403	403	Accreditation or its successor; or 19
404	404	(ii) the United States Department of Education. 20
405	405	(E) The Multistate License for a Regulated Social Worker is subject to 21
406	406	the renewal requirements of the Home State. The Regulated Social Worker must 22
407	407	maintain compliance with the requirements of Section 4(A) to be eligible to renew a 23
408	408	Multistate License. 24
409	409	(F) The Regulated Social Worker's services in a Remote State are 25
410	410	subject to that Member State's regulatory authority. A Remote State may, in 26
411	411	accordance with due process and that Member State's laws, remove a Regulated Social 27
412	412	Worker's Multistate Authorization to Practice in the Remote State for a specific period 28
413	413	of time, impose fines, and take any other necessary actions to protect the health and 29
414	414	safety of its citizens. 30
415	415	(G) If a Multistate License is encumbered, the Regulated Social 31 34-LS0258\N
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419	419	Worker's Multistate Authorization to Practice shall be deactivated in all Remote States 1
420	420	until the Multistate License is no longer encumbered. 2
421	421	(H) If a Multistate Authorization to Practice is encumbered in a 3
422	422	Remote State, the regulated Social Worker's Multistate Authorization to Practice may 4
423	423	be deactivated in that State until the Multistate Authorization to Practice is no longer 5
424	424	encumbered. 6
425	425	SECTION 5. ISSUANCE OF A MULTISTATE LICENSE. 7
426	426	(A) Upon receipt of an application for Multistate License, the Home 8
427	427	State Licensing Authority shall determine the applicant's eligibility for a Multistate 9
428	428	License in accordance with Section 4 of this Compact. 10
429	429	(B) If such applicant is eligible pursuant to Section 4 of this Compact, 11
430	430	the Home State Licensing Authority shall issue a Multistate License that authorizes 12
431	431	the applicant or Regulated Social Worker to practice in all Member States under a 13
432	432	Multistate Authorization to Practice. 14
433	433	(C) Upon issuance of a Multistate License, the Home State Licensing 15
434	434	Authority shall designate whether the Regulated Social Worker holds a Multistate 16
435	435	License in the Bachelors, Masters, or Clinical category of Social Work. 17
436	436	(D) A Multistate License issued by a Home State to a resident in that 18
437	437	State shall be recognized by all Compact Member States as authorizing Social Work 19
438	438	Practice under a Multistate Authorization to Practice corresponding to each category 20
439	439	of licensure regulated in each Member State. 21
440	440	SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND 22
441	441	MEMBER STATE LICENSING AUTHORITIES. 23
442	442	(A) Nothing in this Compact, nor any Rule of the Commission, shall 24
443	443	be construed to limit, restrict, or in any way reduce the ability of a Member State to 25
444	444	enact and enforce laws, regulations, or other rules related to the practice of Social 26
445	445	Work in that State, where those laws, regulations, or other rules are not inconsistent 27
446	446	with the provisions of this Compact. 28
447	447	(B) Nothing in this Compact shall affect the requirements established 29
448	448	by a Member State for the issuance of a Single State License. 30
449	449	(C) Nothing in this Compact, nor any Rule of the Commission, shall 31 34-LS0258\N
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453	453	be construed to limit, restrict, or in any way reduce the ability of a Member State to 1
454	454	take Adverse Action against a Licensee's Single State License to practice Social Work 2
455	455	in that State. 3
456	456	(D) Nothing in this Compact, nor any Rule of the Commission, shall 4
457	457	be construed to limit, restrict, or in any way reduce the ability of a Remote State to 5
458	458	take Adverse Action against a Licensee's Multistate Authorization to Practice in that 6
459	459	State. 7
460	460	(E) Nothing in this Compact, nor any Rule of the Commission, shall be 8
461	461	construed to limit, restrict, or in any way reduce the ability of a Licensee's Home State 9
462	462	to take Adverse Action against a Licensee's Multistate License based upon 10
463	463	information provided by a Remote State. 11
464	464	SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STA TE. 12
465	465	(A) A Licensee can hold a Multistate License, issued by their Home 13
466	466	State, in only one Member State at any given time. 14
467	467	(B) If a Licensee changes their Home State by moving between two 15
468	468	Member States: 16
469	469	(1) The Licensee shall immediately apply for the reissuance of 17
470	470	their Multistate License in their new Home State. The Licensee shall pay all 18
471	471	applicable fees and notify the prior Home State in accordance with the Rules of 19
472	472	the Commission. 20
473	473	(2) Upon receipt of an application to reissue a Multistate 21
474	474	License, the new Home State shall verify that the Multistate License is active, 22
475	475	unencumbered and eligible for reissuance under the terms of the Compact and 23
476	476	the Rules of the Commission. The Multistate License issued by the prior Home 24
477	477	State will be deactivated and all Member States notified in accordance with the 25
478	478	applicable Rules adopted by the Commission. 26
479	479	(3) Prior to the reissuance of the Multistate License, the new 27
480	480	Home State shall conduct procedures for considering the criminal history 28
481	481	records of the Licensee. Such procedures shall include the submission of 29
482	482	fingerprints or other biometric-based information by applicants for the purpose 30
483	483	of obtaining an applicant's criminal history record information from the 31 34-LS0258\N
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487	487	Federal Bureau of Investigation and the agency responsible for retaining that 1
488	488	State's criminal records. 2
489	489	(4) If required for initial licensure, the new Home State may 3
490	490	require completion of jurisprudence requirements in the new Home State. 4
491	491	(5) Notwithstanding any other provision of this Compact, if a 5
492	492	Licensee does not meet the requirements set forth in this Compact for the 6
493	493	reissuance of a Multistate License by the new Home State, then the Licensee 7
494	494	shall be subject to the new Home State requirements for the issuance of a 8
495	495	Single State License in that State. 9
496	496	(C) If a Licensee changes their primary State of residence by moving 10
497	497	from a Member State to a non-Member State, or from a non-Member State to a 11
498	498	Member State, then the Licensee shall be subject to the State requirements for the 12
499	499	issuance of a Single State License in the new Home State. 13
500	500	(D) Nothing in this Compact shall interfere with a Licensee's ability to 14
501	501	hold a Single State License in multiple States; however, for the purposes of this 15
502	502	Compact, a Licensee shall have only one Home State, and only one Multistate 16
503	503	License. 17
504	504	(E) Nothing in this Compact shall interfere with the requirements 18
505	505	established by a Member State for the issuance of a Single State License. 19
506	506	SECTION 8. MILITARY FAMILIES. 20
507	507	An Active Military Member or their spouse shall designate a Home State 21
508	508	where the individual has a Multistate License. The individual may retain their Home 22
509	509	State designation during the period the service member is on active duty. 23
510	510	SECTION 9. ADVERSE ACTIONS. 24
511	511	(A) In addition to the other powers conferred by State law, a Remote 25
512	512	State shall have the authority, in accordance with existing State due process law, to: 26
513	513	(1) Take Adverse Action against a Regulated Social Worker's 27
514	514	Multistate Authorization to Practice only within that Member State, and issue 28
515	515	subpoenas for both hearings and investigations that require the attendance and 29
516	516	testimony of witnesses as well as the production of evidence. Subpoenas issued 30
517	517	by a Licensing Authority in a Member State for the attendance and testimony 31 34-LS0258\N
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521	521	of witnesses or the production of evidence from another Member State shall be 1
522	522	enforced in the latter State by any court of competent jurisdiction, according to 2
523	523	the practice and procedure of that court applicable to subpoenas issued in 3
524	524	proceedings pending before it. The issuing Licensing Authority shall pay any 4
525	525	witness fees, travel expenses, mileage, and other fees required by the service 5
526	526	statutes of the State in which the witnesses or evidence are located. 6
527	527	(2) Only the Home State shall have the power to take Adverse 7
528	528	Action against a Regulated Social Worker's Multistate License. 8
529	529	(B) For purposes of taking Adverse Action, the Home State shall give 9
530	530	the same priority and effect to reported conduct received from a Member State as it 10
531	531	would if the conduct had occurred within the Home State. In so doing, the Home State 11
532	532	shall apply its own State laws to determine appropriate action. 12
533	533	(C) The Home State shall complete any pending investigations of a 13
534	534	Regulated Social Worker who changes their Home State during the course of the 14
535	535	investigations. The Home State shall also have the authority to take appropriate 15
536	536	action(s) and shall promptly report the conclusions of the investigations to the 16
537	537	administrator of the Data System. The administrator of the Data System shall promptly 17
538	538	notify the new Home State of any Adverse Actions. 18
539	539	(D) A Member State, if otherwise permitted by State law, may recover 19
540	540	from the affected Regulated Social Worker the costs of investigations and dispositions 20
541	541	of cases resulting from any Adverse Action taken against that Regulated Social 21
542	542	Worker. 22
543	543	(E) A Member State may take Adverse Action based on the factual 23
544	544	findings of another Member State, provided that the Member State follows its own 24
545	545	procedures for taking the Adverse Action. 25
546	546	(F) Joint Investigations: 26
547	547	(1) In addition to the authority granted to a Member State by its 27
548	548	respective Social Work practice act or other applicable State law, any Member 28
549	549	State may participate with other Member States in joint investigations of 29
550	550	Licensees. 30
551	551	(2) Member States shall share any investigative, litigation, or 31 34-LS0258\N
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555	555	compliance materials in furtherance of any joint or individual investigation 1
556	556	initiated under the Compact. 2
557	557	(G) If Adverse Action is taken by the Home State against the 3
558	558	Multistate License of a Regulated Social Worker, the Regulated Social Worker's 4
559	559	Multistate Authorization to Practice in all other Member States shall be deactivated 5
560	560	until all Encumbrances have been removed from the Multistate License. All Home 6
561	561	State disciplinary orders that impose Adverse Action against the license of a 7
562	562	Regulated Social Worker shall include a statement that the Regulated Social Worker's 8
563	563	Multistate Authorization to Practice is deactivated in all Member States until all 9
564	564	conditions of the decision, order or agreement are satisfied. 10
565	565	(H) If a Member State takes Adverse Action, it shall promptly notify 11
566	566	the administrator of the Data System. The administrator of the Data System shall 12
567	567	promptly notify the Home State and all other Member States of any Adverse Actions 13
568	568	by Remote States. 14
569	569	(I) Nothing in this Compact shall override a Member State's decision 15
570	570	that participation in an Alternative Program may be used in lieu of Adverse Action. 16
571	571	(J) Nothing in this Compact shall authorize a Member State to demand 17
572	572	the issuance of subpoenas for attendance and testimony of witnesses or the production 18
573	573	of evidence from another Member State for lawful actions within that Member State. 19
574	574	(K) Nothing in this Compact shall authorize a Member State to impose 20
575	575	discipline against a Regulated Social Worker who holds a Multistate Authorization to 21
576	576	Practice for lawful actions within another Member State. 22
577	577	SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT 23
578	578	COMMISSION. 24
579	579	(A) The Compact Member States hereby create and establish a joint 25
580	580	government agency whose membership consists of all Member States that have 26
581	581	enacted the Compact known as the Social Work Licensure Compact Commission. The 27
582	582	Commission is an instrumentality of the Compact States acting jointly and not an 28
583	583	instrumentality of any one State. The Commission shall come into existence on or 29
584	584	after the effective date of the Compact as set forth in Section 14. 30
585	585	(B) Membership, Voting, and Meetings 31 34-LS0258\N
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589	589	(1) Each Member State shall have and be limited to one (1) 1
590	590	delegate selected by that Member State's State Licensing Authority. 2
591	591	(2) The delegate shall be either: 3
592	592	(a) A current member of the State Licensing Authority 4
593	593	at the time of appointment, who is a Regulated Social Worker or public 5
594	594	member of the State Licensing Authority; or 6
595	595	(b) An administrator of the State Licensing Authority or 7
596	596	their designee. 8
597	597	(3) The Commission shall by Rule or bylaw establish a term of 9
598	598	office for delegates and may by Rule or bylaw establish term limits. 10
599	599	(4) The Commission may recommend removal or suspension 11
600	600	of any delegate from office. 12
601	601	(5) A Member State's State Licensing Authority shall fill any 13
602	602	vacancy of its delegate occurring on the Commission within 60 days of the 14
603	603	vacancy. 15
604	604	(6) Each delegate shall be entitled to one vote on all matters 16
605	605	before the Commission requiring a vote by Commission delegates. 17
606	606	(7) A delegate shall vote in person or by such other means as 18
607	607	provided in the bylaws. The bylaws may provide for delegates to meet by 19
608	608	telecommunication, videoconference, or other means of communication. 20
609	609	(8) The Commission shall meet at least once during each 21
610	610	calendar year. Additional meetings may be held as set forth in the bylaws. The 22
611	611	Commission may meet by telecommunication, videoconference, or other 23
612	612	similar electronic means. 24
613	613	(C) The Commission shall have the following powers: 25
614	614	(1) Establish the fiscal year of the Commission; 26
615	615	(2) Establish code of conduct and conflict of interest policies; 27
616	616	(3) Establish and amend Rules and bylaws; 28
617	617	(4) Maintain its financial records in accordance with the 29
618	618	bylaws; 30
619	619	(5) Meet and take such actions as are consistent with the 31 34-LS0258\N
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623	623	provisions of this Compact, the Commission's Rules, and the bylaws; 1
624	624	(6) Initiate and conclude legal proceedings or actions in the 2
625	625	name of the Commission, provided that the standing of any State Licensing 3
626	626	Board to sue or be sued under applicable law shall not be affected; 4
627	627	(7) Maintain and certify records and information provided to a 5
628	628	Member State as the authenticated business records of the Commission, and 6
629	629	designate an agent to do so on the Commission's behalf; 7
630	630	(8) Purchase and maintain insurance and bonds; 8
631	631	(9) Borrow, accept, or contract for services of personnel, 9
632	632	including, but not limited to, employees of a Member State; 10
633	633	(10) Conduct an annual financial review; 11
634	634	(11) Hire employees, elect or appoint officers, fix 12
635	635	compensation, define duties, grant such individuals appropriate authority to 13
636	636	carry out the purposes of the Compact, and establish the Commission's 14
637	637	personnel policies and programs relating to conflicts of interest, qualifications 15
638	638	of personnel, and other related personnel matters; 16
639	639	(12) Assess and collect fees; 17
640	640	(13) Accept any and all appropriate gifts, donations, grants of 18
641	641	money, other sources of revenue, equipment, supplies, materials, and services, 19
642	642	and receive, utilize, and dispose of the same; provided that at all times the 20
643	643	Commission shall avoid any appearance of impropriety or conflict of interest; 21
644	644	(14) Lease, purchase, retain, own, hold, improve, or use any 22
645	645	property, real, personal, or mixed, or any undivided interest therein; 23
646	646	(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, 24
647	647	or otherwise dispose of any property real, personal, or mixed; 25
648	648	(16) Establish a budget and make expenditures; 26
649	649	(17) Borrow money; 27
650	650	(18) Appoint committees, including standing committees, 28
651	651	composed of members, State regulators, State legislators or their 29
652	652	representatives, and consumer representatives, and such other interested 30
653	653	persons as may be designated in this Compact and the bylaws; 31 34-LS0258\N
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657	657	(19) Provide and receive information from, and cooperate with, 1
658	658	law enforcement agencies; 2
659	659	(20) Establish and elect an Executive Committee, including a 3
660	660	chair and a vice chair; 4
661	661	(21) Determine whether a State's adopted language is 5
662	662	materially different from the model Compact language such that the State 6
663	663	would not qualify for participation in the Compact; and 7
664	664	(22) Perform such other functions as may be necessary or 8
665	665	appropriate to achieve the purposes of this Compact. 9
666	666	(D) The Executive Committee 10
667	667	(1) The Executive Committee shall have the power to act on 11
668	668	behalf of the Commission according to the terms of this Compact. The powers, 12
669	669	duties, and responsibilities of the Executive Committee shall include: 13
670	670	(a) Oversee the day-to-day activities of the 14
671	671	administration of the Compact including enforcement and compliance 15
672	672	with the provisions of the Compact, its Rules and bylaws, and other 16
673	673	such duties as deemed necessary; 17
674	674	(b) Recommend to the Commission changes to the 18
675	675	Rules or bylaws, changes to this Compact legislation, fees charged to 19
676	676	Compact Member States, fees charged to Licensees, and other fees; 20
677	677	(c) Ensure Compact administration services are 21
678	678	appropriately provided, including by contract; 22
679	679	(d) Prepare and recommend the budget; 23
680	680	(e) Maintain financial records on behalf of the 24
681	681	Commission; 25
682	682	(f) Monitor Compact compliance of Member States and 26
683	683	provide compliance reports to the Commission; 27
684	684	(g) Establish additional committees as necessary; 28
685	685	(h) Exercise the powers and duties of the Commission 29
686	686	during the interim between Commission meetings, except for adopting 30
687	687	or amending Rules, adopting or amending bylaws, and exercising any 31 34-LS0258\N
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691	691	other powers and duties expressly reserved to the Commission by Rule 1
692	692	or bylaw; and 2
693	693	(i) Other duties as provided in the Rules or bylaws of 3
694	694	the Commission. 4
695	695	(2) The Executive Committee shall be composed of up to 5
696	696	eleven (11) members: 6
697	697	(a) The chair and vice chair of the Commission shall be 7
698	698	voting members of the Executive Committee; 8
699	699	(b) The Commission shall elect five (5) voting members 9
700	700	from the current membership of the Commission; 10
701	701	(c) Up to four (4) ex-officio, nonvoting members from 11
702	702	four (4) recognized national Social Work organizations; and 12
703	703	(d) The ex-officio members will be selected by their 13
704	704	respective organizations. 14
705	705	(3) The Commission may remove any member of the Executive 15
706	706	Committee as provided in the Commission's bylaws. 16
707	707	(4) The Executive Committee shall meet at least annually. 17
708	708	(a) Executive Committee meetings shall be open to the 18
709	709	public, except that the Executive Committee may meet in a closed, non-19
710	710	public meeting as provided in subsection F(2) below. 20
711	711	(b) The Executive Committee shall give seven (7) days' 21
712	712	notice of its meetings, posted on its website and as determined to 22
713	713	provide notice to persons with an interest in the business of the 23
714	714	Commission. 24
715	715	(c) The Executive Committee may hold a special 25
716	716	meeting in accordance with subsection F(1)(b) below. 26
717	717	(E) The Commission shall adopt and provide to the Member States an 27
718	718	annual report. 28
719	719	(F) Meetings of the Commission 29
720	720	(1) All meetings shall be open to the public, except that the 30
721	721	Commission may meet in a closed, non-public meeting as provided in 31 34-LS0258\N
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725	725	subsection F(2) below. 1
726	726	(a) Public notice for all meetings of the full 2
727	727	Commission shall be given in the same manner as required under the 3
728	728	Rulemaking provisions in Section 12, except that the Commission may 4
729	729	hold a special meeting as provided in subsection F(1)(b) below. 5
730	730	(b) The Commission may hold a special meeting when 6
731	731	it must meet to conduct emergency business by giving 48 hours' notice 7
732	732	to all commissioners, on the Commission's website, and other means as 8
733	733	provided in the Commission's Rules. The Commission's legal counsel 9
734	734	shall certify that the Commission's need to meet qualifies as an 10
735	735	emergency. 11
736	736	(2) The Commission or the Executive Committee or other 12
737	737	committees of the Commission may convene in a closed, non-public meeting 13
738	738	for the Commission or Executive Committee or other committees of the 14
739	739	Commission to receive legal advice or to discuss: 15
740	740	(a) Non-compliance of a Member State with its 16
741	741	obligations under the Compact; 17
742	742	(b) The employment, compensation, discipline or other 18
743	743	matters, practices or procedures related to specific employees; 19
744	744	(c) Current or threatened discipline of a Licensee by the 20
745	745	Commission or by a Member State's Licensing Authority; 21
746	746	(d) Current, threatened, or reasonably anticipated 22
747	747	litigation; 23
748	748	(e) Negotiation of contracts for the purchase, lease, or 24
749	749	sale of goods, services, or real estate; 25
750	750	(f) Accusing any person of a crime or formally 26
751	751	censuring any person; 27
752	752	(g) Trade secrets or commercial or financial 28
753	753	information that is privileged or confidential; 29
754	754	(h) Information of a personal nature where disclosure 30
755	755	would constitute a clearly unwarranted invasion of personal privacy; 31 34-LS0258\N
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759	759	(i) Investigative records compiled for law enforcement 1
760	760	purposes; 2
761	761	(j) Information related to any investigative reports 3
762	762	prepared by or on behalf of or for use of the Commission or other 4
763	763	committee charged with responsibility of investigation or determination 5
764	764	of compliance issues pursuant to the Compact; 6
765	765	(k) Matters specifically exempted from disclosure by 7
766	766	federal or Member State law; or 8
767	767	(l) Other matters as promulgated by the Commission by 9
768	768	Rule. 10
769	769	(3) If a meeting, or portion of a meeting, is closed, the 11
770	770	presiding officer shall state that the meeting will be closed and reference each 12
771	771	relevant exempting provision, and such reference shall be recorded in the 13
772	772	minutes. 14
773	773	(4) The Commission shall keep minutes that fully and clearly 15
774	774	describe all matters discussed in a meeting and shall provide a full and accurate 16
775	775	summary of actions taken, and the reasons therefore, including a description of 17
776	776	the views expressed. All documents considered in connection with an action 18
777	777	shall be identified in such minutes. All minutes and documents of a closed 19
778	778	meeting shall remain under seal, subject to release only by a majority vote of 20
779	779	the Commission or order of a court of competent jurisdiction. 21
780	780	(G) Financing of the Commission 22
781	781	(1) The Commission shall pay, or provide for the payment of, 23
782	782	the reasonable expenses of its establishment, organization, and ongoing 24
783	783	activities. 25
784	784	(2) The Commission may accept any and all appropriate 26
785	785	revenue sources as provided in subsection C(13). 27
786	786	(3) The Commission may levy on and collect an annual 28
787	787	assessment from each Member State and impose fees on Licensees of Member 29
788	788	States to whom it grants a Multistate License to cover the cost of the 30
789	789	operations and activities of the Commission and its staff, which must be in a 31 34-LS0258\N
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793	793	total amount sufficient to cover its annual budget as approved each year for 1
794	794	which revenue is not provided by other sources. The aggregate annual 2
795	795	assessment amount for Member States shall be allocated based upon a formula 3
796	796	that the Commission shall promulgate by Rule. 4
797	797	(4) The Commission shall not incur obligations of any kind 5
798	798	prior to securing the funds adequate to meet the same; nor shall the 6
799	799	Commission pledge the credit of any of the Member States, except by and with 7
800	800	the authority of the Member State. 8
801	801	(5) The Commission shall keep accurate accounts of all 9
802	802	receipts and disbursements. The receipts and disbursements of the Commission 10
803	803	shall be subject to the financial review and accounting procedures established 11
804	804	under its bylaws. However, all receipts and disbursements of funds handled by 12
805	805	the Commission shall be subject to an annual financial review by a certified or 13
806	806	licensed public accountant, and the report of the financial review shall be 14
807	807	included in and become part of the annual report of the Commission. 15
808	808	(H) Qualified Immunity, Defense, and Indemnification 16
809	809	(1) The members, officers, executive director, employees and 17
810	810	representatives of the Commission shall be immune from suit and liability, 18
811	811	both personally and in their official capacity, for any claim for damage to or 19
812	812	loss of property or personal injury or other civil liability caused by or arising 20
813	813	out of any actual or alleged act, error, or omission that occurred, or that the 21
814	814	person against whom the claim is made had a reasonable basis for believing 22
815	815	occurred, within the scope of Commission employment, duties or 23
816	816	responsibilities; provided that nothing in this paragraph shall be construed to 24
817	817	protect any such person from suit or liability for any damage, loss, injury, or 25
818	818	liability caused by the intentional or willful or wanton misconduct of that 26
819	819	person. The procurement of insurance of any type by the Commission shall not 27
820	820	in any way compromise or limit the immunity granted hereunder. 28
821	821	(2) The Commission shall defend any member, officer, 29
822	822	executive director, employee, and representative of the Commission in any 30
823	823	civil action seeking to impose liability arising out of any actual or alleged act, 31 34-LS0258\N
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827	827	error, or omission that occurred within the scope of Commission employment, 1
828	828	duties, or responsibilities, or as determined by the Commission that the person 2
829	829	against whom the claim is made had a reasonable basis for believing occurred 3
830	830	within the scope of Commission employment, duties, or responsibilities; 4
831	831	provided that nothing herein shall be construed to prohibit that person from 5
832	832	retaining their own counsel at their own expense; and provided further, that the 6
833	833	actual or alleged act, error, or omission did not result from that person's 7
834	834	intentional or willful or wanton misconduct. 8
835	835	(3) The Commission shall indemnify and hold harmless any 9
836	836	member, officer, executive director, employee, and representative of the 10
837	837	Commission for the amount of any settlement or judgment obtained against 11
838	838	that person arising out of any actual or alleged act, error, or omission that 12
839	839	occurred within the scope of Commission employment, duties, or 13
840	840	responsibilities, or that such person had a reasonable basis for believing 14
841	841	occurred within the scope of Commission employment, duties, or 15
842	842	responsibilities, provided that the actual or alleged act, error, or omission did 16
843	843	not result from the intentional or willful or wanton misconduct of that person. 17
844	844	(4) Nothing herein shall be construed as a limitation on the 18
845	845	liability of any Licensee for professional malpractice or misconduct, which 19
846	846	shall be governed solely by any other applicable State laws. 20
847	847	(5) Nothing in this Compact shall be interpreted to waive or 21
848	848	otherwise abrogate a Member State's state action immunity or state action 22
849	849	affirmative defense with respect to antitrust claims under the Sherman Act, 23
850	850	Clayton Act, or any other State or federal antitrust or anticompetitive law or 24
851	851	regulation. 25
852	852	(6) Nothing in this Compact shall be construed to be a waiver 26
853	853	of sovereign immunity by the Member States or by the Commission. 27
854	854	SECTION 11. DATA SYSTEM. 28
855	855	(A) The Commission shall provide for the development, maintenance, 29
856	856	operation, and utilization of a coordinated Data System. 30
857	857	(B) The Commission shall assign each applicant for a Multistate 31 34-LS0258\N
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861	861	License a unique identifier, as determined by the Rules of the Commission. 1
862	862	(C) Notwithstanding any other provision of State law to the contrary, a 2
863	863	Member State shall submit a uniform data set to the Data System on all individuals to 3
864	864	whom this Compact is applicable as required by the Rules of the Commission, 4
865	865	including: 5
866	866	(1) Identifying information; 6
867	867	(2) Licensure data; 7
868	868	(3) Adverse Actions against a license and information related 8
869	869	thereto; 9
870	870	(4) Non-confidential information related to Alternative 10
871	871	Program participation, the beginning and ending dates of such participation, 11
872	872	and other information related to such participation not made confidential under 12
873	873	Member State law; 13
874	874	(5) Any denial of application for licensure, and the reason(s) 14
875	875	for such denial; 15
876	876	(6) The presence of Current Significant Investigative 16
877	877	Information; and 17
878	878	(7) Other information that may facilitate the administration of 18
879	879	this Compact or the protection of the public, as determined by the Rules of the 19
880	880	Commission. 20
881	881	(D) The records and information provided to a Member State pursuant 21
882	882	to this Compact or through the Data System, when certified by the Commission or an 22
883	883	agent thereof, shall constitute the authenticated business records of the Commission, 23
884	884	and shall be entitled to any associated hearsay exception in any relevant judicial, 24
885	885	quasi-judicial or administrative proceedings in a Member State. 25
886	886	(E) Current Significant Investigative Information pertaining to a 26
887	887	Licensee in any Member State will only be available to other Member States. 27
888	888	(1) It is the responsibility of the Member States to report any 28
889	889	Adverse Action against a Licensee and to monitor the database to determine 29
890	890	whether Adverse Action has been taken against a Licensee. Adverse Action 30
891	891	information pertaining to a Licensee in any Member State will be available to 31 34-LS0258\N
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895	895	any other Member State. 1
896	896	(F) Member States contributing information to the Data System may 2
897	897	designate information that may not be shared with the public without the express 3
898	898	permission of the contributing State. 4
899	899	(G) Any information submitted to the Data System that is subsequently 5
900	900	expunged pursuant to federal law or the laws of the Member State contributing the 6
901	901	information shall be removed from the Data System. 7
902	902	SECTION 12. RULEMAKING. 8
903	903	(A) The Commission shall promulgate reasonable Rules in order to 9
904	904	effectively and efficiently implement and administer the purposes and provisions of 10
905	905	the Compact. A Rule shall be invalid and have no force or effect only if a court of 11
906	906	competent jurisdiction holds that the Rule is invalid because the Commission 12
907	907	exercised its rulemaking authority in a manner that is beyond the scope and purposes 13
908	908	of the Compact, or the powers granted hereunder, or based upon another applicable 14
909	909	standard of review. 15
910	910	(B) The Rules of the Commission shall have the force of law in each 16
911	911	Member State, provided however that, where the Rules of the Commission conflict 17
912	912	with the laws of the Member State that establish the Member State's laws, regulations, 18
913	913	and applicable standards that govern the practice of Social Work as held by a court of 19
914	914	competent jurisdiction, the Rules of the Commission shall be ineffective in that State 20
915	915	to the extent of the conflict. 21
916	916	(C) The Commission shall exercise its Rulemaking powers pursuant to 22
917	917	the criteria set forth in this Section and the Rules adopted thereunder. Rules shall 23
918	918	become binding on the day following adoption or the date specified in the rule or 24
919	919	amendment, whichever is later. 25
920	920	(D) If a majority of the legislatures of the Member States rejects a Rule 26
921	921	or portion of a Rule, by enactment of a statute or resolution in the same manner used 27
922	922	to adopt the Compact within four (4) years of the date of adoption of the Rule, then 28
923	923	such Rule shall have no further force and effect in any Member State. 29
924	924	(E) Rules shall be adopted at a regular or special meeting of the 30
925	925	Commission. 31 34-LS0258\N
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929	929	(F) Prior to adoption of a proposed Rule, the Commission shall hold a 1
930	930	public hearing and allow persons to provide oral and written comments, data, facts, 2
931	931	opinions, and arguments. 3
932	932	(G) Prior to adoption of a proposed Rule by the Commission, and at 4
933	933	least thirty (30) days in advance of the meeting at which the Commission will hold a 5
934	934	public hearing on the proposed Rule, the Commission shall provide a Notice of 6
935	935	Proposed Rulemaking: 7
936	936	(1) On the website of the Commission or other publicly 8
937	937	accessible platform; 9
938	938	(2) To persons who have requested notice of the Commission's 10
939	939	notices of proposed rulemaking; and 11
940	940	(3) In such other way(s) as the Commission may by Rule 12
941	941	specify. 13
942	942	(H) The Notice of Proposed Rulemaking shall include: 14
943	943	(1) The time, date, and location of the public hearing at which 15
944	944	the Commission will hear public comments on the proposed Rule and, if 16
945	945	different, the time, date, and location of the meeting where the Commission 17
946	946	will consider and vote on the proposed Rule; 18
947	947	(2) If the hearing is held via telecommunication, video 19
948	948	conference, or other electronic means, the Commission shall include the 20
949	949	mechanism for access to the hearing in the Notice of Proposed Rulemaking; 21
950	950	(3) The text of the proposed Rule and the reason therefor; 22
951	951	(4) A request for comments on the proposed Rule from any 23
952	952	interested person; and 24
953	953	(5) The manner in which interested persons may submit written 25
954	954	comments. 26
955	955	(I) All hearings will be recorded. A copy of the recording and all 27
956	956	written comments and documents received by the Commission in response to the 28
957	957	proposed Rule shall be available to the public. 29
958	958	(J) Nothing in this section shall be construed as requiring a separate 30
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963	963	at hearings required by this section. 1
964	964	(K) The Commission shall, by majority vote of all members, take final 2
965	965	action on the proposed Rule based on the Rulemaking record and the full text of the 3
966	966	Rule. 4
967	967	(1) The Commission may adopt changes to the proposed Rule 5
968	968	provided the changes do not enlarge the original purpose of the proposed Rule. 6
969	969	(2) The Commission shall provide an explanation of the 7
970	970	reasons for substantive changes made to the proposed Rule as well as reasons 8
971	971	for substantive changes not made that were recommended by commenters. 9
972	972	(3) The Commission shall determine a reasonable effective date 10
973	973	for the Rule. Except for an emergency as provided in Section 12(L), the 11
974	974	effective date of the rule shall be no sooner than 30 days after issuing the 12
975	975	notice that it adopted or amended the Rule. 13
976	976	(L) Upon determination that an emergency exists, the Commission 14
977	977	may consider and adopt an emergency Rule with 48 hours' notice, with opportunity to 15
978	978	comment, provided that the usual Rulemaking procedures provided in the Compact 16
979	979	and in this section shall be retroactively applied to the Rule as soon as reasonably 17
980	980	possible, in no event later than ninety (90) days after the effective date of the Rule. For 18
981	981	the purposes of this provision, an emergency Rule is one that must be adopted 19
982	982	immediately in order to: 20
983	983	(1) Meet an imminent threat to public health, safety, or welfare; 21
984	984	(2) Prevent a loss of Commission or Member State funds; 22
985	985	(3) Meet a deadline for the promulgation of a Rule that is 23
986	986	established by federal law or rule; or 24
987	987	(4) Protect public health and safety. 25
988	988	(M) The Commission or an authorized committee of the Commission 26
989	989	may direct revisions to a previously adopted Rule for purposes of correcting 27
990	990	typographical errors, errors in format, errors in consistency, or grammatical errors. 28
991	991	Public notice of any revisions shall be posted on the website of the Commission. The 29
992	992	revision shall be subject to challenge by any person for a period of thirty (30) days 30
993	993	after posting. The revision may be challenged only on grounds that the revision results 31 34-LS0258\N
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997	997	in a material change to a Rule. A challenge shall be made in writing and delivered to 1
998	998	the Commission prior to the end of the notice period. If no challenge is made, the 2
999	999	revision will take effect without further action. If the revision is challenged, the 3
1000	1000	revision may not take effect without the approval of the Commission. 4
1001	1001	(N) No Member State's rulemaking requirements shall apply under this 5
1002	1002	Compact. 6
1003	1003	SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 7
1004	1004	(A) Oversight 8
1005	1005	(1) The executive and judicial branches of State government in 9
1006	1006	each Member State shall enforce this Compact and take all actions necessary 10
1007	1007	and appropriate to implement the Compact. 11
1008	1008	(2) Except as otherwise provided in this Compact, venue is 12
1009	1009	proper and judicial proceedings by or against the Commission shall be brought 13
1010	1010	solely and exclusively in a court of competent jurisdiction where the principal 14
1011	1011	office of the Commission is located. The Commission may waive venue and 15
1012	1012	jurisdictional defenses to the extent it adopts or consents to participate in 16
1013	1013	alternative dispute resolution proceedings. Nothing herein shall affect or limit 17
1014	1014	the selection or propriety of venue in any action against a Licensee for 18
1015	1015	professional malpractice, misconduct or any such similar matter. 19
1016	1016	(3) The Commission shall be entitled to receive service of 20
1017	1017	process in any proceeding regarding the enforcement or interpretation of the 21
1018	1018	Compact and shall have standing to intervene in such a proceeding for all 22
1019	1019	purposes. Failure to provide the Commission service of process shall render a 23
1020	1020	judgment or order void as to the Commission, this Compact, or promulgated 24
1021	1021	Rules. 25
1022	1022	(B) Default, Technical Assistance, and Termination 26
1023	1023	(1) If the Commission determines that a Member State has 27
1024	1024	defaulted in the performance of its obligations or responsibilities under this 28
1025	1025	Compact or the promulgated Rules, the Commission shall provide written 29
1026	1026	notice to the defaulting State. The notice of default shall describe the default, 30
1027	1027	the proposed means of curing the default, and any other action that the 31 34-LS0258\N
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1031	1031	Commission may take, and shall offer training and specific technical assistance 1
1032	1032	regarding the default. 2
1033	1033	(2) The Commission shall provide a copy of the notice of 3
1034	1034	default to the other Member States. 4
1035	1035	(C) If a State in default fails to cure the default, the defaulting State 5
1036	1036	may be terminated from the Compact upon an affirmative vote of a majority of the 6
1037	1037	delegates of the Member States, and all rights, privileges and benefits conferred on 7
1038	1038	that State by this Compact may be terminated on the effective date of termination. A 8
1039	1039	cure of the default does not relieve the offending State of obligations or liabilities 9
1040	1040	incurred during the period of default. 10
1041	1041	(D) Termination of membership in the Compact shall be imposed only 11
1042	1042	after all other means of securing compliance have been exhausted. Notice of intent to 12
1043	1043	suspend or terminate shall be given by the Commission to the governor, the majority 13
1044	1044	and minority leaders of the defaulting State's legislature, the defaulting State's State 14
1045	1045	Licensing Authority and each of the Member States' State Licensing Authority. 15
1046	1046	(E) A State that has been terminated is responsible for all assessments, 16
1047	1047	obligations, and liabilities incurred through the effective date of termination, including 17
1048	1048	obligations that extend beyond the effective date of termination. 18
1049	1049	(F) Upon the termination of a State's membership from this Compact, 19
1050	1050	that State shall immediately provide notice to all Licensees within that State of such 20
1051	1051	termination. The terminated State shall continue to recognize all licenses granted 21
1052	1052	pursuant to this Compact for a minimum of six (6) months after the date of said notice 22
1053	1053	of termination. 23
1054	1054	(G) The Commission shall not bear any costs related to a State that is 24
1055	1055	found to be in default or that has been terminated from the Compact, unless agreed 25
1056	1056	upon in writing between the Commission and the defaulting State. 26
1057	1057	(H) The defaulting State may appeal the action of the Commission by 27
1058	1058	petitioning the U.S. District Court for the District of Columbia or the federal district 28
1059	1059	where the Commission has its principal offices. The prevailing party shall be awarded 29
1060	1060	all costs of such litigation, including reasonable attorney's fees. 30
1061	1061	(I) Dispute Resolution
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1066	1066	(1) Upon request by a Member State, the Commission shall 1
1067	1067	attempt to resolve disputes related to the Compact that arise among Member 2
1068	1068	States and between Member and non-Member States. 3
1069	1069	(2) The Commission shall promulgate a Rule providing for 4
1070	1070	both mediation and binding dispute resolution for disputes as appropriate. 5
1071	1071	(J) Enforcement 6
1072	1072	(1) By majority vote as provided by Rule, the Commission may 7
1073	1073	initiate legal action against a Member State in default in the United States 8
1074	1074	District Court for the District of Columbia or the federal district where the 9
1075	1075	Commission has its principal offices to enforce compliance with the provisions 10
1076	1076	of the Compact and its promulgated Rules. The relief sought may include both 11
1077	1077	injunctive relief and damages. In the event judicial enforcement is necessary, 12
1078	1078	the prevailing party shall be awarded all costs of such litigation, including 13
1079	1079	reasonable attorney's fees. The remedies herein shall not be the exclusive 14
1080	1080	remedies of the Commission. The Commission may pursue any other remedies 15
1081	1081	available under federal or the defaulting Member State's law. 16
1082	1082	(2) A Member State may initiate legal action against the 17
1083	1083	Commission in the U.S. District Court for the District of Columbia or the 18
1084	1084	federal district where the Commission has its principal offices to enforce 19
1085	1085	compliance with the provisions of the Compact and its promulgated Rules. The 20
1086	1086	relief sought may include both injunctive relief and damages. In the event 21
1087	1087	judicial enforcement is necessary, the prevailing party shall be awarded all 22
1088	1088	costs of such litigation, including reasonable attorney's fees. 23
1089	1089	(3) No person other than a Member State shall enforce this 24
1090	1090	Compact against the Commission. 25
1091	1091	SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 26
1092	1092	(A) The Compact shall come into effect on the date on which the 27
1093	1093	Compact statute is enacted into law in the seventh Member State. 28
1094	1094	(1) On or after the effective date of the Compact, the 29
1095	1095	Commission shall convene and review the enactment of each of the first seven 30
1096	1096	Member States ("Charter Member States") to determine if the statute enacted 31 34-LS0258\N
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1100	1100	by each such Charter Member State is materially different than the model 1
1101	1101	Compact statute. 2
1102	1102	(a) A Charter Member State whose enactment is found 3
1103	1103	to be materially different from the model Compact statute shall be 4
1104	1104	entitled to the default process set forth in Section 13. 5
1105	1105	(b) If any Member State is later found to be in default, 6
1106	1106	or is terminated or withdraws from the Compact, the Commission shall 7
1107	1107	remain in existence and the Compact shall remain in effect even if the 8
1108	1108	number of Member States should be less than seven. 9
1109	1109	(2) Member States enacting the Compact subsequent to the 10
1110	1110	seven initial Charter Member States shall be subject to the process set forth in 11
1111	1111	Section 10(C)(21) to determine if their enactments are materially different 12
1112	1112	from the model Compact statute and whether they qualify for participation in 13
1113	1113	the Compact. 14
1114	1114	(3) All actions taken for the benefit of the Commission or in 15
1115	1115	furtherance of the purposes of the administration of the Compact prior to the 16
1116	1116	effective date of the Compact or the Commission coming into existence shall 17
1117	1117	be considered to be actions of the Commission unless specifically repudiated 18
1118	1118	by the Commission. 19
1119	1119	(4) Any State that joins the Compact subsequent to the 20
1120	1120	Commission's initial adoption of the Rules and bylaws shall be subject to the 21
1121	1121	Rules and bylaws as they exist on the date on which the Compact becomes law 22
1122	1122	in that State. Any Rule that has been previously adopted by the Commission 23
1123	1123	shall have the full force and effect of law on the day the Compact becomes law 24
1124	1124	in that State. 25
1125	1125	(B) Any Member State may withdraw from this Compact by enacting a 26
1126	1126	statute repealing the same. 27
1127	1127	(1) A Member State's withdrawal shall not take effect until 180 28
1128	1128	days after enactment of the repealing statute. 29
1129	1129	(2) Withdrawal shall not affect the continuing requirement of 30
1130	1130	the withdrawing State's Licensing Authority to comply with the investigative 31 34-LS0258\N
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1134	1134	and Adverse Action reporting requirements of this Compact prior to the 1
1135	1135	effective date of withdrawal. 2
1136	1136	(3) Upon the enactment of a statute withdrawing from this 3
1137	1137	Compact, a State shall immediately provide notice of such withdrawal to all 4
1138	1138	Licensees within that State. Notwithstanding any subsequent statutory 5
1139	1139	enactment to the contrary, such withdrawing State shall continue to recognize 6
1140	1140	all licenses granted pursuant to this Compact for a minimum of 180 days after 7
1141	1141	the date of such notice of withdrawal. 8
1142	1142	(C) Nothing contained in this Compact shall be construed to invalidate 9
1143	1143	or prevent any licensure agreement or other cooperative arrangement between a 10
1144	1144	Member State and a non-Member State that does not conflict with the provisions of 11
1145	1145	this Compact. 12
1146	1146	(D) This Compact may be amended by the Member States. No 13
1147	1147	amendment to this Compact shall become effective and binding upon any Member 14
1148	1148	State until it is enacted into the laws of all Member States. 15
1149	1149	SECTION 15. CONSTRUCTION AND SEVERABILITY. 16
1150	1150	(A) This Compact and the Commission's rulemaking authority shall be 17
1151	1151	liberally construed so as to effectuate the purposes, and the implementation and 18
1152	1152	administration of the Compact. Provisions of the Compact expressly authorizing or 19
1153	1153	requiring the promulgation of Rules shall not be construed to limit the Commission's 20
1154	1154	rulemaking authority solely for those purposes. 21
1155	1155	(B) The provisions of this Compact shall be severable and if any 22
1156	1156	phrase, clause, sentence or provision of this Compact is held by a court of competent 23
1157	1157	jurisdiction to be contrary to the constitution of any Member State, a State seeking 24
1158	1158	participation in the Compact, or of the United States, or the applicability thereof to any 25
1159	1159	government, agency, person or circumstance is held to be unconstitutional by a court 26
1160	1160	of competent jurisdiction, the validity of the remainder of this Compact and the 27
1161	1161	applicability thereof to any other government, agency, person or circumstance shall 28
1162	1162	not be affected thereby. 29
1163	1163	(C) Notwithstanding subsection B of this section, the Commission may 30
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1168	1168	Section 13(B), terminate a Member State's participation in the Compact, if it 1
1169	1169	determines that a constitutional requirement of a Member State is a material departure 2
1170	1170	from the Compact. Otherwise, if this Compact shall be held to be contrary to the 3
1171	1171	constitution of any Member State, the Compact shall remain in full force and effect as 4
1172	1172	to the remaining Member States and in full force and effect as to the Member State 5
1173	1173	affected as to all severable matters. 6
1174	1174	SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAW S. 7
1175	1175	(A) A Licensee providing services in a Remote State under a 8
1176	1176	Multistate Authorization to Practice shall adhere to the laws and regulations, including 9
1177	1177	laws, regulations, and applicable standards, of the Remote State where the client is 10
1178	1178	located at the time care is rendered. 11
1179	1179	(B) Nothing herein shall prevent or inhibit the enforcement of any 12
1180	1180	other law of a Member State that is not inconsistent with the Compact. 13
1181	1181	(C) Any laws, statutes, regulations, or other legal requirements in a 14
1182	1182	Member State in conflict with the Compact are superseded to the extent of the conflict. 15
1183	1183	(D) All permissible agreements between the Commission and the 16
1184	1184	Member States are binding in accordance with their terms. 17
1185	1185	* Sec. 7. AS 08.95.990 is amended by adding new paragraphs to read: 18
1186	1186	(8) "multistate authorization to practice" has the meaning given in 19
1187	1187	AS 08.95.200; 20
1188	1188	(9) "regulated social worker" has the meaning given in AS 08.95.200. 21
1189	1189	* Sec. 8. AS 12.62.400(a) is amended by adding a new paragraph to read: 22
1190	1190	(26) multistate licensure as a social worker under AS 08.95.200. 23
1191	1191	* Sec. 9. This Act takes effect January 1, 2026. 24