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HOUSE BILL NO. 110
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES GRAY, Story
Introduced: 2/21/25
Referred: Labor and Commerce, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to a social work licensure compact; relating to the practice of social 1
work; and providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 08.95.030 is amended to read: 4
Sec. 08.95.030. Duties. The board shall 5
(1) issue licenses to qualified applicants; 6
(2) adopt regulations 7
(A) requiring that continuing education requirements be 8
satisfied before a license is renewed; 9
(B) establishing a code of professional ethics that a licensee 10
must observe; 11
(C) establishing standards of practice for social work 12
performed by a licensee; [AND] 13
(D) establishing standards for supervisors and for supervision 14 34-LS0258\N
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that is required for licensure under AS 08.95.110(a); 1
(E) [(3) ADOPT REGULATIONS] necessary to carry out the 2
duties and purpose of this chapter; and 3
(F) necessary to implement the Social Work Licensure 4
Compact enacted under AS 08.95.200; and 5
(3) appoint a member of the board to serve as a delegate on the 6
Social Work Licensure Compact Commission established under AS 08.95.200. 7
* Sec. 2. AS 08.95.100(a) is amended to read: 8
(a) A person who practices clinical social work without obtaining a license 9
under this chapter to practice clinical social work is guilty of a class B misdemeanor 10
unless the person is 11
(1) licensed under a provision of this title that is outside this chapter, is 12
practicing within the scope of that license, and is not representing to the public by title 13
or description of service as being engaged in the practice of clinical social work; [OR] 14
(2) practicing clinical social work as a student in a social work 15
program approved by the board; or 16
(3) practicing clinical social work under a multistate authorization 17
to practice. 18
* Sec. 3. AS 08.95.100(b) is amended to read: 19
(b) A person is guilty of a class B misdemeanor if the person does not hold a 20
valid license or multistate authorization to practice [IS NOT LICENSED] 21
(1) under this chapter and uses the title "social worker" unless the 22
person is exempt from licensure under AS 08.95.911; 23
(2) as a clinical social worker under this chapter [OR HAS A 24
CLINICAL SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR 25
LAPSED,] and the person 26
(A) uses in connection with the person's name the words or 27
letters "L.C.S.W.," "Licensed Clinical Social Worker," or other letters, words, 28
or insignia indicating or implying that the person is a licensed clinical social 29
worker; or 30
(B) in any way, orally or in writing, directly or by implication, 31 34-LS0258\N
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holds out as a licensed clinical social worker; 1
(3) as a master social worker under this chapter [OR HAS A MASTER 2
SOCIAL WORKER LICENSE THAT IS SUSPENDED, REVOKED, OR LAPSED,] 3
and the person 4
(A) uses in connection with the person's name the words or 5
letters "L.M.S.W.," "Licensed Master Social Worker," or other letters, words, 6
or insignia indicating or implying that the person is a licensed master social 7
worker; or 8
(B) in any way, orally or in writing, directly or by implication, 9
holds out as being a licensed master social worker; or 10
(4) as a baccalaureate social worker under this chapter [OR HAS A 11
BACCALAUREATE SOCIAL WORKER LICENSE THAT IS SUSPENDED, 12
REVOKED, OR LAPSED,] and the person 13
(A) uses in connection with the person's name the words or 14
letters "L.B.S.W.," "Licensed Baccalaureate Social Worker," or other letters, 15
words, or insignia indicating or implying that the person is a licensed 16
baccalaureate social worker; or 17
(B) in any way, orally or in writing, directly or by implication, 18
holds out as being a licensed baccalaureate social worker. 19
* Sec. 4. AS 08.95.120 is amended by adding a new subsection to read: 20
(c) This section does not apply to an applicant who is a regulated social 21
worker. 22
* Sec. 5. AS 08.95.125 is amended by adding a new subsection to read: 23
(f) This section does not apply to an applicant who is a regulated social 24
worker. 25
* Sec. 6. AS 08.95 is amended by adding a new section to read: 26
Article 2A. Social Work Licensure Compact. 27
Sec. 08.95.200. Compact enacted. The Social Work Licensure Compact as 28
contained in this section is enacted into law and entered into on behalf of the state with 29
all other states and jurisdictions legally joining it in a form substantially as follows: 30
SECTION 1. PURPOSE. 31 34-LS0258\N
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The purpose of this Compact is to facilitate interstate practice of Regulated 1
Social Workers by improving public access to competent Social Work Services. The 2
Compact preserves the regulatory authority of States to protect public health and 3
safety through the current system of State licensure. 4
This Compact is designed to achieve the following objectives: 5
(A) Increase public access to Social Work Services; 6
(B) Reduce overly burdensome and duplicative requirements 7
associated with holding multiple licenses; 8
(C) Enhance the Member States' ability to protect the public's health 9
and safety; 10
(D) Encourage the cooperation of Member States in regulating 11
multistate practice; 12
(E) Promote mobility and address workforce shortages by eliminating 13
the necessity for licenses in multiple States by providing for the mutual recognition of 14
other Member State licenses; 15
(F) Support military families; 16
(G) Facilitate the exchange of licensure and disciplinary information 17
among Member States; 18
(H) Authorize all Member States to hold a Regulated Social Worker 19
accountable for abiding by a Member State's laws, regulations, and applicable 20
professional standards in the Member State in which the client is located at the time 21
care is rendered; and 22
(I) Allow for the use of telehealth to facilitate increased access to 23
regulated Social Work Services. 24
SECTION 2. DEFINITIONS. 25
As used in this Compact, and except as otherwise provided, the following 26
definitions shall apply: 27
(A) "Active Military Member" means any individual with full-time 28
duty status in the active armed forces of the United States including members of the 29
National Guard and Reserve. 30
(B) "Adverse Action" means any administrative, civil, equitable or 31 34-LS0258\N
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criminal action permitted by a State's laws which is imposed by a Licensing Authority 1
or other authority against a Regulated Social Worker, including actions against an 2
individual's license or Multistate Authorization to Practice such as revocation, 3
suspension, probation, monitoring of the Licensee, limitation on the Licensee's 4
practice, or any other Encumbrance on licensure affecting a Regulated Social Worker's 5
authorization to practice, including issuance of a cease and desist action. 6
(C) "Alternative Program" means a non-disciplinary monitoring or 7
practice remediation process approved by a Licensing Authority to address 8
practitioners with an Impairment. 9
(D) "Charter Member States" means Member States who have enacted 10
legislation to adopt this Compact where such legislation predates the effective date of 11
this Compact as described in Section 14. 12
(E) "Compact Commission" or "Commission" means the government 13
agency whose membership consists of all States that have enacted this Compact, 14
which is known as the Social Work Licensure Compact Commission, as described in 15
Section 10, and which shall operate as an instrumentality of the Member States. 16
(F) "Current Significant Investigative Information" means: 17
(1) Investigative information that a Licensing Authority, after a 18
preliminary inquiry that includes notification and an opportunity for the 19
Regulated Social Worker to respond, has reason to believe is not groundless 20
and, if proved true, would indicate more than a minor infraction as may be 21
defined by the Commission; or 22
(2) Investigative information that indicates that the Regulated 23
Social Worker represents an immediate threat to public health and safety, as 24
may be defined by the Commission, regardless of whether the Regulated 25
Social Worker has been notified and has had an opportunity to respond. 26
(G) "Data System" means a repository of information about Licensees, 27
including continuing education, examination, licensure, Current Significant 28
Investigative Information, Disqualifying Event, Multistate License(s) and Adverse 29
Action information or other information as required by the Commission. 30
(H) "Disqualifying Event" means any Adverse Action or incident
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which results in an Encumbrance that disqualifies or makes the Licensee ineligible to 1
either obtain, retain or renew a Multistate License. 2
(I) "Domicile" means the jurisdiction in which the Licensee resides 3
and intends to remain indefinitely. 4
(J) "Encumbrance" means a revocation or suspension of, or any 5
limitation on, the full and unrestricted practice of Social Work licensed and regulated 6
by a Licensing Authority. 7
(K) "Executive Committee" means a group of delegates elected or 8
appointed to act on behalf of, and within the powers granted to them by, the Compact 9
and Commission. 10
(L) "Home State" means the Member State that is the Licensee's 11
primary Domicile. 12
(M) "Impairment" means a condition(s) that may impair a 13
practitioner's ability to engage in full and unrestricted practice as a Regulated Social 14
Worker without some type of intervention and may include alcohol and drug 15
dependence, mental health impairment, and neurological or physical impairments. 16
(N) "Licensee(s)" means an individual who currently holds a license 17
from a State to practice as a Regulated Social Worker. 18
(O) "Licensing Authority" means the board or agency of a Member 19
State, or equivalent, that is responsible for the licensing and regulation of Regulated 20
Social Workers. 21
(P) "Member State" means a state, commonwealth, district, or territory 22
of the United States of America that has enacted this Compact. 23
(Q) "Multistate Authorization to Practice" means a legally authorized 24
privilege to practice, which is equivalent to a license, associated with a Multistate 25
License permitting the practice of Social Work in a Remote State. 26
(R) "Multistate License" means a license to practice as a Regulated 27
Social Worker issued by a Home State Licensing Authority that authorizes the 28
Regulated Social Worker to practice in all Member States under Multistate 29
Authorization to Practice. 30
(S) "Qualifying National Exam" means a national licensing 31 34-LS0258\N
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examination approved by the Commission. 1
(T) "Regulated Social Worker" means any clinical, master's or 2
bachelor's Social Worker licensed by a Member State regardless of the title used by 3
that Member State. 4
(U) "Remote State" means a Member State other than the Licensee's 5
Home State. 6
(V) "Rule(s)" or "Rule(s) of the Commission" means a regulation or 7
regulations duly promulgated by the Commission, as authorized by the Compact, that 8
has the force of law. 9
(W) "Single State License" means a Social Work license issued by any 10
State that authorizes practice only within the issuing State and does not include 11
Multistate Authorization to Practice in any Member State. 12
(X) "Social Work" or "Social Work Services" means the application of 13
social work theory, knowledge, methods, ethics, and the professional use of self to 14
restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, 15
couples, families, groups, organizations, and communities through the care and 16
services provided by a Regulated Social Worker as set forth in the Member State's 17
statutes and regulations in the State where the services are being provided. 18
(Y) "State" means any state, commonwealth, district, or territory of the 19
United States of America that regulates the practice of Social Work. 20
(Z) "Unencumbered License" means a license that authorizes a 21
Regulated Social Worker to engage in the full and unrestricted practice of Social 22
Work. 23
SECTION 3. STATE PARTICIPATION IN THE COMPACT. 24
(A) To be eligible to participate in the Compact, a potential Member 25
State must currently meet all of the following criteria: 26
(1) License and regulate the practice of Social Work at either 27
the clinical, master's, or bachelor's category. 28
(2) Require applicants for licensure to graduate from a program 29
that is: 30
(a) Operated by a college or university recognized by 31 34-LS0258\N
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the Licensing Authority; 1
(b) Accredited, or in candidacy by an institution that 2
subsequently becomes accredited, by an accrediting agency recognized 3
by either: 4
(i) the Council for Higher Education 5
Accreditation, or its successor; or 6
(ii) the United States Department of Education; 7
and 8
(c) Corresponds to the licensure sought as outlined in 9
Section 4. 10
(3) Require applicants for clinical licensure to complete a 11
period of supervised practice. 12
(4) Have a mechanism in place for receiving, investigating, and 13
adjudicating complaints about Licensees. 14
(B) To maintain membership in the Compact a Member State shall: 15
(1) Require that applicants for a Multistate License pass a 16
Qualifying National Exam for the corresponding category of Multistate 17
License sought as outlined in Section 4. 18
(2) Participate fully in the Commission's Data System, 19
including using the Commission's unique identifier as defined in Rules; 20
(3) Notify the Commission, in compliance with the terms of the 21
Compact and Rules, of any Adverse Action or the availability of Current 22
Significant Investigative Information regarding a Licensee; 23
(4) Implement procedures for considering the criminal history 24
records of applicants for a Multistate License. Such procedures shall include 25
the submission of fingerprints or other biometric-based information by 26
applicants for the purpose of obtaining an applicant's criminal history record 27
information from the Federal Bureau of Investigation and the agency 28
responsible for retaining that State's criminal records. 29
(5) Comply with the Rules of the Commission; 30
(6) Require an applicant to obtain or retain a license in the 31 34-LS0258\N
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Home State and meet the Home State's qualifications for licensure or renewal 1
of licensure, as well as all other applicable Home State laws; 2
(7) Authorize a Licensee holding a Multistate License in any 3
Member State to practice in accordance with the terms of the Compact and 4
Rules of the Commission; and 5
(8) Designate a delegate to participate in the Commission 6
meetings. 7
(C) A Member State meeting the requirements of Section 3(A) and 8
3(B) of this Compact shall designate the categories of Social Work licensure that are 9
eligible for issuance of a Multistate License for applicants in such Member State. To 10
the extent that any Member State does not meet the requirements for participation in 11
the Compact at any particular category of Social Work licensure, such Member State 12
may choose, but is not obligated to issue, a Multistate License to applicants that 13
otherwise meet the requirements of Section 4 for issuance of a Multistate License in 14
such category or categories of licensure. 15
(D) The Home State may charge a fee for granting the Multistate 16
License. 17
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT. 18
(A) To be eligible for a Multistate License under the terms and 19
provisions of the Compact, an applicant, regardless of category, must: 20
(1) Hold or be eligible for an active, Unencumbered License in 21
the Home State; 22
(2) Pay any applicable fees, including any State fee, for the 23
Multistate License; 24
(3) Submit, in connection with an application for a Multistate 25
License, fingerprints or other biometric data for the purpose of obtaining 26
criminal history record information from the Federal Bureau of Investigation 27
and the agency responsible for retaining that State's criminal records; 28
(4) Notify the Home State of any Adverse Action, 29
Encumbrance, or restriction on any professional license taken by any Member 30
State or non-Member State within 30 days from the date the action is taken; 31 34-LS0258\N
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(5) Meet any continuing competence requirements established 1
by the Home State; 2
(6) Abide by the laws, regulations, and applicable standards in 3
the Member State where the client is located at the time care is rendered. 4
(B) An applicant for a clinical-category Multistate License must meet 5
all of the following requirements: 6
(1) Fulfill a competency requirement, which shall be satisfied 7
by either: 8
(a) Passage of a clinical-category Qualifying National 9
Exam; 10
(b) Licensure of the applicant in their Home State at the 11
clinical category, beginning prior to such time as a Qualifying National 12
Exam was required by the Home State and accompanied by a period of 13
continuous Social Work licensure thereafter, all of which may be 14
further governed by the Rules of the Commission; or 15
(c) The substantial equivalency of the foregoing 16
competency requirements which the Commission may determine by 17
Rule. 18
(2) Attain at least a master's degree in Social Work from a 19
program that is: 20
(a) Operated by a college or university recognized by 21
the Licensing Authority; and 22
(b) Accredited, or in candidacy that subsequently 23
becomes accredited, by an accrediting agency recognized by either: 24
(i) the Council for Higher Education 25
Accreditation or its successor; or 26
(ii) the United States Department of Education. 27
(3) Fulfill a practice requirement, which shall be satisfied by 28
demonstrating completion of either: 29
(a) A period of postgraduate supervised clinical practice 30
equal to a minimum of three thousand hours; 31 34-LS0258\N
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(b) A minimum of two years of full-time postgraduate 1
supervised clinical practice; or 2
(c) The substantial equivalency of the foregoing 3
practice requirements which the Commission may determine by Rule. 4
(C) An applicant for a master's-category Multistate License must meet 5
all of the following requirements: 6
(1) Fulfill a competency requirement, which shall be satisfied 7
by either: 8
(a) Passage of a masters-category Qualifying National 9
Exam; 10
(b) Licensure of the applicant in their Home State at the 11
master's category, beginning prior to such time as a Qualifying 12
National Exam was required by the Home State at the master's category 13
and accompanied by a continuous period of Social Work licensure 14
thereafter, all of which may be further governed by the Rules of the 15
Commission; or 16
(c) The substantial equivalency of the foregoing 17
competency requirements which the Commission may determine by 18
Rule. 19
(2) Attain at least a master's degree in Social Work from a 20
program that is: 21
(a) Operated by a college or university recognized by 22
the Licensing Authority; and 23
(b) Accredited, or in candidacy that subsequently 24
becomes accredited, by an accrediting agency recognized by either: 25
(i) the Council for Higher Education 26
Accreditation or its successor; or 27
(ii) the United States Department of Education. 28
(D) An applicant for a bachelor's-category Multistate License must 29
meet all of the following requirements: 30
(1) Fulfill a competency requirement, which shall be satisfied 31 34-LS0258\N
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by either: 1
(a) Passage of a bachelor's-category Qualifying 2
National Exam; 3
(b) Licensure of the applicant in their Home State at the 4
bachelor's category, beginning prior to such time as a Qualifying 5
National Exam was required by the Home State and accompanied by a 6
period of continuous Social Work licensure thereafter, all of which may 7
be further governed by the Rules of the Commission; or 8
(c) The substantial equivalency of the foregoing 9
competency requirements which the Commission may determine by 10
Rule. 11
(2) Attain at least a bachelor's degree in Social Work from a 12
program that is: 13
(a) Operated by a college or university recognized by 14
the Licensing Authority; and 15
(b) Accredited, or in candidacy that subsequently 16
becomes accredited, by an accrediting agency recognized by either: 17
(i) the Council for Higher Education 18
Accreditation or its successor; or 19
(ii) the United States Department of Education. 20
(E) The Multistate License for a Regulated Social Worker is subject to 21
the renewal requirements of the Home State. The Regulated Social Worker must 22
maintain compliance with the requirements of Section 4(A) to be eligible to renew a 23
Multistate License. 24
(F) The Regulated Social Worker's services in a Remote State are 25
subject to that Member State's regulatory authority. A Remote State may, in 26
accordance with due process and that Member State's laws, remove a Regulated Social 27
Worker's Multistate Authorization to Practice in the Remote State for a specific period 28
of time, impose fines, and take any other necessary actions to protect the health and 29
safety of its citizens. 30
(G) If a Multistate License is encumbered, the Regulated Social 31 34-LS0258\N
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Worker's Multistate Authorization to Practice shall be deactivated in all Remote States 1
until the Multistate License is no longer encumbered. 2
(H) If a Multistate Authorization to Practice is encumbered in a 3
Remote State, the regulated Social Worker's Multistate Authorization to Practice may 4
be deactivated in that State until the Multistate Authorization to Practice is no longer 5
encumbered. 6
SECTION 5. ISSUANCE OF A MULTISTATE LICENSE. 7
(A) Upon receipt of an application for Multistate License, the Home 8
State Licensing Authority shall determine the applicant's eligibility for a Multistate 9
License in accordance with Section 4 of this Compact. 10
(B) If such applicant is eligible pursuant to Section 4 of this Compact, 11
the Home State Licensing Authority shall issue a Multistate License that authorizes 12
the applicant or Regulated Social Worker to practice in all Member States under a 13
Multistate Authorization to Practice. 14
(C) Upon issuance of a Multistate License, the Home State Licensing 15
Authority shall designate whether the Regulated Social Worker holds a Multistate 16
License in the Bachelors, Masters, or Clinical category of Social Work. 17
(D) A Multistate License issued by a Home State to a resident in that 18
State shall be recognized by all Compact Member States as authorizing Social Work 19
Practice under a Multistate Authorization to Practice corresponding to each category 20
of licensure regulated in each Member State. 21
SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND 22
MEMBER STATE LICENSING AUTHORITIES. 23
(A) Nothing in this Compact, nor any Rule of the Commission, shall 24
be construed to limit, restrict, or in any way reduce the ability of a Member State to 25
enact and enforce laws, regulations, or other rules related to the practice of Social 26
Work in that State, where those laws, regulations, or other rules are not inconsistent 27
with the provisions of this Compact. 28
(B) Nothing in this Compact shall affect the requirements established 29
by a Member State for the issuance of a Single State License. 30
(C) Nothing in this Compact, nor any Rule of the Commission, shall 31 34-LS0258\N
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be construed to limit, restrict, or in any way reduce the ability of a Member State to 1
take Adverse Action against a Licensee's Single State License to practice Social Work 2
in that State. 3
(D) Nothing in this Compact, nor any Rule of the Commission, shall 4
be construed to limit, restrict, or in any way reduce the ability of a Remote State to 5
take Adverse Action against a Licensee's Multistate Authorization to Practice in that 6
State. 7
(E) Nothing in this Compact, nor any Rule of the Commission, shall be 8
construed to limit, restrict, or in any way reduce the ability of a Licensee's Home State 9
to take Adverse Action against a Licensee's Multistate License based upon 10
information provided by a Remote State. 11
SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STA TE. 12
(A) A Licensee can hold a Multistate License, issued by their Home 13
State, in only one Member State at any given time. 14
(B) If a Licensee changes their Home State by moving between two 15
Member States: 16
(1) The Licensee shall immediately apply for the reissuance of 17
their Multistate License in their new Home State. The Licensee shall pay all 18
applicable fees and notify the prior Home State in accordance with the Rules of 19
the Commission. 20
(2) Upon receipt of an application to reissue a Multistate 21
License, the new Home State shall verify that the Multistate License is active, 22
unencumbered and eligible for reissuance under the terms of the Compact and 23
the Rules of the Commission. The Multistate License issued by the prior Home 24
State will be deactivated and all Member States notified in accordance with the 25
applicable Rules adopted by the Commission. 26
(3) Prior to the reissuance of the Multistate License, the new 27
Home State shall conduct procedures for considering the criminal history 28
records of the Licensee. Such procedures shall include the submission of 29
fingerprints or other biometric-based information by applicants for the purpose 30
of obtaining an applicant's criminal history record information from the 31 34-LS0258\N
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Federal Bureau of Investigation and the agency responsible for retaining that 1
State's criminal records. 2
(4) If required for initial licensure, the new Home State may 3
require completion of jurisprudence requirements in the new Home State. 4
(5) Notwithstanding any other provision of this Compact, if a 5
Licensee does not meet the requirements set forth in this Compact for the 6
reissuance of a Multistate License by the new Home State, then the Licensee 7
shall be subject to the new Home State requirements for the issuance of a 8
Single State License in that State. 9
(C) If a Licensee changes their primary State of residence by moving 10
from a Member State to a non-Member State, or from a non-Member State to a 11
Member State, then the Licensee shall be subject to the State requirements for the 12
issuance of a Single State License in the new Home State. 13
(D) Nothing in this Compact shall interfere with a Licensee's ability to 14
hold a Single State License in multiple States; however, for the purposes of this 15
Compact, a Licensee shall have only one Home State, and only one Multistate 16
License. 17
(E) Nothing in this Compact shall interfere with the requirements 18
established by a Member State for the issuance of a Single State License. 19
SECTION 8. MILITARY FAMILIES. 20
An Active Military Member or their spouse shall designate a Home State 21
where the individual has a Multistate License. The individual may retain their Home 22
State designation during the period the service member is on active duty. 23
SECTION 9. ADVERSE ACTIONS. 24
(A) In addition to the other powers conferred by State law, a Remote 25
State shall have the authority, in accordance with existing State due process law, to: 26
(1) Take Adverse Action against a Regulated Social Worker's 27
Multistate Authorization to Practice only within that Member State, and issue 28
subpoenas for both hearings and investigations that require the attendance and 29
testimony of witnesses as well as the production of evidence. Subpoenas issued 30
by a Licensing Authority in a Member State for the attendance and testimony 31 34-LS0258\N
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of witnesses or the production of evidence from another Member State shall be 1
enforced in the latter State by any court of competent jurisdiction, according to 2
the practice and procedure of that court applicable to subpoenas issued in 3
proceedings pending before it. The issuing Licensing Authority shall pay any 4
witness fees, travel expenses, mileage, and other fees required by the service 5
statutes of the State in which the witnesses or evidence are located. 6
(2) Only the Home State shall have the power to take Adverse 7
Action against a Regulated Social Worker's Multistate License. 8
(B) For purposes of taking Adverse Action, the Home State shall give 9
the same priority and effect to reported conduct received from a Member State as it 10
would if the conduct had occurred within the Home State. In so doing, the Home State 11
shall apply its own State laws to determine appropriate action. 12
(C) The Home State shall complete any pending investigations of a 13
Regulated Social Worker who changes their Home State during the course of the 14
investigations. The Home State shall also have the authority to take appropriate 15
action(s) and shall promptly report the conclusions of the investigations to the 16
administrator of the Data System. The administrator of the Data System shall promptly 17
notify the new Home State of any Adverse Actions. 18
(D) A Member State, if otherwise permitted by State law, may recover 19
from the affected Regulated Social Worker the costs of investigations and dispositions 20
of cases resulting from any Adverse Action taken against that Regulated Social 21
Worker. 22
(E) A Member State may take Adverse Action based on the factual 23
findings of another Member State, provided that the Member State follows its own 24
procedures for taking the Adverse Action. 25
(F) Joint Investigations: 26
(1) In addition to the authority granted to a Member State by its 27
respective Social Work practice act or other applicable State law, any Member 28
State may participate with other Member States in joint investigations of 29
Licensees. 30
(2) Member States shall share any investigative, litigation, or 31 34-LS0258\N
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compliance materials in furtherance of any joint or individual investigation 1
initiated under the Compact. 2
(G) If Adverse Action is taken by the Home State against the 3
Multistate License of a Regulated Social Worker, the Regulated Social Worker's 4
Multistate Authorization to Practice in all other Member States shall be deactivated 5
until all Encumbrances have been removed from the Multistate License. All Home 6
State disciplinary orders that impose Adverse Action against the license of a 7
Regulated Social Worker shall include a statement that the Regulated Social Worker's 8
Multistate Authorization to Practice is deactivated in all Member States until all 9
conditions of the decision, order or agreement are satisfied. 10
(H) If a Member State takes Adverse Action, it shall promptly notify 11
the administrator of the Data System. The administrator of the Data System shall 12
promptly notify the Home State and all other Member States of any Adverse Actions 13
by Remote States. 14
(I) Nothing in this Compact shall override a Member State's decision 15
that participation in an Alternative Program may be used in lieu of Adverse Action. 16
(J) Nothing in this Compact shall authorize a Member State to demand 17
the issuance of subpoenas for attendance and testimony of witnesses or the production 18
of evidence from another Member State for lawful actions within that Member State. 19
(K) Nothing in this Compact shall authorize a Member State to impose 20
discipline against a Regulated Social Worker who holds a Multistate Authorization to 21
Practice for lawful actions within another Member State. 22
SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT 23
COMMISSION. 24
(A) The Compact Member States hereby create and establish a joint 25
government agency whose membership consists of all Member States that have 26
enacted the Compact known as the Social Work Licensure Compact Commission. The 27
Commission is an instrumentality of the Compact States acting jointly and not an 28
instrumentality of any one State. The Commission shall come into existence on or 29
after the effective date of the Compact as set forth in Section 14. 30
(B) Membership, Voting, and Meetings 31 34-LS0258\N
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(1) Each Member State shall have and be limited to one (1) 1
delegate selected by that Member State's State Licensing Authority. 2
(2) The delegate shall be either: 3
(a) A current member of the State Licensing Authority 4
at the time of appointment, who is a Regulated Social Worker or public 5
member of the State Licensing Authority; or 6
(b) An administrator of the State Licensing Authority or 7
their designee. 8
(3) The Commission shall by Rule or bylaw establish a term of 9
office for delegates and may by Rule or bylaw establish term limits. 10
(4) The Commission may recommend removal or suspension 11
of any delegate from office. 12
(5) A Member State's State Licensing Authority shall fill any 13
vacancy of its delegate occurring on the Commission within 60 days of the 14
vacancy. 15
(6) Each delegate shall be entitled to one vote on all matters 16
before the Commission requiring a vote by Commission delegates. 17
(7) A delegate shall vote in person or by such other means as 18
provided in the bylaws. The bylaws may provide for delegates to meet by 19
telecommunication, videoconference, or other means of communication. 20
(8) The Commission shall meet at least once during each 21
calendar year. Additional meetings may be held as set forth in the bylaws. The 22
Commission may meet by telecommunication, videoconference, or other 23
similar electronic means. 24
(C) The Commission shall have the following powers: 25
(1) Establish the fiscal year of the Commission; 26
(2) Establish code of conduct and conflict of interest policies; 27
(3) Establish and amend Rules and bylaws; 28
(4) Maintain its financial records in accordance with the 29
bylaws; 30
(5) Meet and take such actions as are consistent with the 31 34-LS0258\N
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provisions of this Compact, the Commission's Rules, and the bylaws; 1
(6) Initiate and conclude legal proceedings or actions in the 2
name of the Commission, provided that the standing of any State Licensing 3
Board to sue or be sued under applicable law shall not be affected; 4
(7) Maintain and certify records and information provided to a 5
Member State as the authenticated business records of the Commission, and 6
designate an agent to do so on the Commission's behalf; 7
(8) Purchase and maintain insurance and bonds; 8
(9) Borrow, accept, or contract for services of personnel, 9
including, but not limited to, employees of a Member State; 10
(10) Conduct an annual financial review; 11
(11) Hire employees, elect or appoint officers, fix 12
compensation, define duties, grant such individuals appropriate authority to 13
carry out the purposes of the Compact, and establish the Commission's 14
personnel policies and programs relating to conflicts of interest, qualifications 15
of personnel, and other related personnel matters; 16
(12) Assess and collect fees; 17
(13) Accept any and all appropriate gifts, donations, grants of 18
money, other sources of revenue, equipment, supplies, materials, and services, 19
and receive, utilize, and dispose of the same; provided that at all times the 20
Commission shall avoid any appearance of impropriety or conflict of interest; 21
(14) Lease, purchase, retain, own, hold, improve, or use any 22
property, real, personal, or mixed, or any undivided interest therein; 23
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, 24
or otherwise dispose of any property real, personal, or mixed; 25
(16) Establish a budget and make expenditures; 26
(17) Borrow money; 27
(18) Appoint committees, including standing committees, 28
composed of members, State regulators, State legislators or their 29
representatives, and consumer representatives, and such other interested 30
persons as may be designated in this Compact and the bylaws; 31 34-LS0258\N
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(19) Provide and receive information from, and cooperate with, 1
law enforcement agencies; 2
(20) Establish and elect an Executive Committee, including a 3
chair and a vice chair; 4
(21) Determine whether a State's adopted language is 5
materially different from the model Compact language such that the State 6
would not qualify for participation in the Compact; and 7
(22) Perform such other functions as may be necessary or 8
appropriate to achieve the purposes of this Compact. 9
(D) The Executive Committee 10
(1) The Executive Committee shall have the power to act on 11
behalf of the Commission according to the terms of this Compact. The powers, 12
duties, and responsibilities of the Executive Committee shall include: 13
(a) Oversee the day-to-day activities of the 14
administration of the Compact including enforcement and compliance 15
with the provisions of the Compact, its Rules and bylaws, and other 16
such duties as deemed necessary; 17
(b) Recommend to the Commission changes to the 18
Rules or bylaws, changes to this Compact legislation, fees charged to 19
Compact Member States, fees charged to Licensees, and other fees; 20
(c) Ensure Compact administration services are 21
appropriately provided, including by contract; 22
(d) Prepare and recommend the budget; 23
(e) Maintain financial records on behalf of the 24
Commission; 25
(f) Monitor Compact compliance of Member States and 26
provide compliance reports to the Commission; 27
(g) Establish additional committees as necessary; 28
(h) Exercise the powers and duties of the Commission 29
during the interim between Commission meetings, except for adopting 30
or amending Rules, adopting or amending bylaws, and exercising any 31 34-LS0258\N
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other powers and duties expressly reserved to the Commission by Rule 1
or bylaw; and 2
(i) Other duties as provided in the Rules or bylaws of 3
the Commission. 4
(2) The Executive Committee shall be composed of up to 5
eleven (11) members: 6
(a) The chair and vice chair of the Commission shall be 7
voting members of the Executive Committee; 8
(b) The Commission shall elect five (5) voting members 9
from the current membership of the Commission; 10
(c) Up to four (4) ex-officio, nonvoting members from 11
four (4) recognized national Social Work organizations; and 12
(d) The ex-officio members will be selected by their 13
respective organizations. 14
(3) The Commission may remove any member of the Executive 15
Committee as provided in the Commission's bylaws. 16
(4) The Executive Committee shall meet at least annually. 17
(a) Executive Committee meetings shall be open to the 18
public, except that the Executive Committee may meet in a closed, non-19
public meeting as provided in subsection F(2) below. 20
(b) The Executive Committee shall give seven (7) days' 21
notice of its meetings, posted on its website and as determined to 22
provide notice to persons with an interest in the business of the 23
Commission. 24
(c) The Executive Committee may hold a special 25
meeting in accordance with subsection F(1)(b) below. 26
(E) The Commission shall adopt and provide to the Member States an 27
annual report. 28
(F) Meetings of the Commission 29
(1) All meetings shall be open to the public, except that the 30
Commission may meet in a closed, non-public meeting as provided in 31 34-LS0258\N
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subsection F(2) below. 1
(a) Public notice for all meetings of the full 2
Commission shall be given in the same manner as required under the 3
Rulemaking provisions in Section 12, except that the Commission may 4
hold a special meeting as provided in subsection F(1)(b) below. 5
(b) The Commission may hold a special meeting when 6
it must meet to conduct emergency business by giving 48 hours' notice 7
to all commissioners, on the Commission's website, and other means as 8
provided in the Commission's Rules. The Commission's legal counsel 9
shall certify that the Commission's need to meet qualifies as an 10
emergency. 11
(2) The Commission or the Executive Committee or other 12
committees of the Commission may convene in a closed, non-public meeting 13
for the Commission or Executive Committee or other committees of the 14
Commission to receive legal advice or to discuss: 15
(a) Non-compliance of a Member State with its 16
obligations under the Compact; 17
(b) The employment, compensation, discipline or other 18
matters, practices or procedures related to specific employees; 19
(c) Current or threatened discipline of a Licensee by the 20
Commission or by a Member State's Licensing Authority; 21
(d) Current, threatened, or reasonably anticipated 22
litigation; 23
(e) Negotiation of contracts for the purchase, lease, or 24
sale of goods, services, or real estate; 25
(f) Accusing any person of a crime or formally 26
censuring any person; 27
(g) Trade secrets or commercial or financial 28
information that is privileged or confidential; 29
(h) Information of a personal nature where disclosure 30
would constitute a clearly unwarranted invasion of personal privacy; 31 34-LS0258\N
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(i) Investigative records compiled for law enforcement 1
purposes; 2
(j) Information related to any investigative reports 3
prepared by or on behalf of or for use of the Commission or other 4
committee charged with responsibility of investigation or determination 5
of compliance issues pursuant to the Compact; 6
(k) Matters specifically exempted from disclosure by 7
federal or Member State law; or 8
(l) Other matters as promulgated by the Commission by 9
Rule. 10
(3) If a meeting, or portion of a meeting, is closed, the 11
presiding officer shall state that the meeting will be closed and reference each 12
relevant exempting provision, and such reference shall be recorded in the 13
minutes. 14
(4) The Commission shall keep minutes that fully and clearly 15
describe all matters discussed in a meeting and shall provide a full and accurate 16
summary of actions taken, and the reasons therefore, including a description of 17
the views expressed. All documents considered in connection with an action 18
shall be identified in such minutes. All minutes and documents of a closed 19
meeting shall remain under seal, subject to release only by a majority vote of 20
the Commission or order of a court of competent jurisdiction. 21
(G) Financing of the Commission 22
(1) The Commission shall pay, or provide for the payment of, 23
the reasonable expenses of its establishment, organization, and ongoing 24
activities. 25
(2) The Commission may accept any and all appropriate 26
revenue sources as provided in subsection C(13). 27
(3) The Commission may levy on and collect an annual 28
assessment from each Member State and impose fees on Licensees of Member 29
States to whom it grants a Multistate License to cover the cost of the 30
operations and activities of the Commission and its staff, which must be in a 31 34-LS0258\N
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total amount sufficient to cover its annual budget as approved each year for 1
which revenue is not provided by other sources. The aggregate annual 2
assessment amount for Member States shall be allocated based upon a formula 3
that the Commission shall promulgate by Rule. 4
(4) The Commission shall not incur obligations of any kind 5
prior to securing the funds adequate to meet the same; nor shall the 6
Commission pledge the credit of any of the Member States, except by and with 7
the authority of the Member State. 8
(5) The Commission shall keep accurate accounts of all 9
receipts and disbursements. The receipts and disbursements of the Commission 10
shall be subject to the financial review and accounting procedures established 11
under its bylaws. However, all receipts and disbursements of funds handled by 12
the Commission shall be subject to an annual financial review by a certified or 13
licensed public accountant, and the report of the financial review shall be 14
included in and become part of the annual report of the Commission. 15
(H) Qualified Immunity, Defense, and Indemnification 16
(1) The members, officers, executive director, employees and 17
representatives of the Commission shall be immune from suit and liability, 18
both personally and in their official capacity, for any claim for damage to or 19
loss of property or personal injury or other civil liability caused by or arising 20
out of any actual or alleged act, error, or omission that occurred, or that the 21
person against whom the claim is made had a reasonable basis for believing 22
occurred, within the scope of Commission employment, duties or 23
responsibilities; provided that nothing in this paragraph shall be construed to 24
protect any such person from suit or liability for any damage, loss, injury, or 25
liability caused by the intentional or willful or wanton misconduct of that 26
person. The procurement of insurance of any type by the Commission shall not 27
in any way compromise or limit the immunity granted hereunder. 28
(2) The Commission shall defend any member, officer, 29
executive director, employee, and representative of the Commission in any 30
civil action seeking to impose liability arising out of any actual or alleged act, 31 34-LS0258\N
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error, or omission that occurred within the scope of Commission employment, 1
duties, or responsibilities, or as determined by the Commission that the person 2
against whom the claim is made had a reasonable basis for believing occurred 3
within the scope of Commission employment, duties, or responsibilities; 4
provided that nothing herein shall be construed to prohibit that person from 5
retaining their own counsel at their own expense; and provided further, that the 6
actual or alleged act, error, or omission did not result from that person's 7
intentional or willful or wanton misconduct. 8
(3) The Commission shall indemnify and hold harmless any 9
member, officer, executive director, employee, and representative of the 10
Commission for the amount of any settlement or judgment obtained against 11
that person arising out of any actual or alleged act, error, or omission that 12
occurred within the scope of Commission employment, duties, or 13
responsibilities, or that such person had a reasonable basis for believing 14
occurred within the scope of Commission employment, duties, or 15
responsibilities, provided that the actual or alleged act, error, or omission did 16
not result from the intentional or willful or wanton misconduct of that person. 17
(4) Nothing herein shall be construed as a limitation on the 18
liability of any Licensee for professional malpractice or misconduct, which 19
shall be governed solely by any other applicable State laws. 20
(5) Nothing in this Compact shall be interpreted to waive or 21
otherwise abrogate a Member State's state action immunity or state action 22
affirmative defense with respect to antitrust claims under the Sherman Act, 23
Clayton Act, or any other State or federal antitrust or anticompetitive law or 24
regulation. 25
(6) Nothing in this Compact shall be construed to be a waiver 26
of sovereign immunity by the Member States or by the Commission. 27
SECTION 11. DATA SYSTEM. 28
(A) The Commission shall provide for the development, maintenance, 29
operation, and utilization of a coordinated Data System. 30
(B) The Commission shall assign each applicant for a Multistate 31 34-LS0258\N
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License a unique identifier, as determined by the Rules of the Commission. 1
(C) Notwithstanding any other provision of State law to the contrary, a 2
Member State shall submit a uniform data set to the Data System on all individuals to 3
whom this Compact is applicable as required by the Rules of the Commission, 4
including: 5
(1) Identifying information; 6
(2) Licensure data; 7
(3) Adverse Actions against a license and information related 8
thereto; 9
(4) Non-confidential information related to Alternative 10
Program participation, the beginning and ending dates of such participation, 11
and other information related to such participation not made confidential under 12
Member State law; 13
(5) Any denial of application for licensure, and the reason(s) 14
for such denial; 15
(6) The presence of Current Significant Investigative 16
Information; and 17
(7) Other information that may facilitate the administration of 18
this Compact or the protection of the public, as determined by the Rules of the 19
Commission. 20
(D) The records and information provided to a Member State pursuant 21
to this Compact or through the Data System, when certified by the Commission or an 22
agent thereof, shall constitute the authenticated business records of the Commission, 23
and shall be entitled to any associated hearsay exception in any relevant judicial, 24
quasi-judicial or administrative proceedings in a Member State. 25
(E) Current Significant Investigative Information pertaining to a 26
Licensee in any Member State will only be available to other Member States. 27
(1) It is the responsibility of the Member States to report any 28
Adverse Action against a Licensee and to monitor the database to determine 29
whether Adverse Action has been taken against a Licensee. Adverse Action 30
information pertaining to a Licensee in any Member State will be available to 31 34-LS0258\N
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any other Member State. 1
(F) Member States contributing information to the Data System may 2
designate information that may not be shared with the public without the express 3
permission of the contributing State. 4
(G) Any information submitted to the Data System that is subsequently 5
expunged pursuant to federal law or the laws of the Member State contributing the 6
information shall be removed from the Data System. 7
SECTION 12. RULEMAKING. 8
(A) The Commission shall promulgate reasonable Rules in order to 9
effectively and efficiently implement and administer the purposes and provisions of 10
the Compact. A Rule shall be invalid and have no force or effect only if a court of 11
competent jurisdiction holds that the Rule is invalid because the Commission 12
exercised its rulemaking authority in a manner that is beyond the scope and purposes 13
of the Compact, or the powers granted hereunder, or based upon another applicable 14
standard of review. 15
(B) The Rules of the Commission shall have the force of law in each 16
Member State, provided however that, where the Rules of the Commission conflict 17
with the laws of the Member State that establish the Member State's laws, regulations, 18
and applicable standards that govern the practice of Social Work as held by a court of 19
competent jurisdiction, the Rules of the Commission shall be ineffective in that State 20
to the extent of the conflict. 21
(C) The Commission shall exercise its Rulemaking powers pursuant to 22
the criteria set forth in this Section and the Rules adopted thereunder. Rules shall 23
become binding on the day following adoption or the date specified in the rule or 24
amendment, whichever is later. 25
(D) If a majority of the legislatures of the Member States rejects a Rule 26
or portion of a Rule, by enactment of a statute or resolution in the same manner used 27
to adopt the Compact within four (4) years of the date of adoption of the Rule, then 28
such Rule shall have no further force and effect in any Member State. 29
(E) Rules shall be adopted at a regular or special meeting of the 30
Commission. 31 34-LS0258\N
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(F) Prior to adoption of a proposed Rule, the Commission shall hold a 1
public hearing and allow persons to provide oral and written comments, data, facts, 2
opinions, and arguments. 3
(G) Prior to adoption of a proposed Rule by the Commission, and at 4
least thirty (30) days in advance of the meeting at which the Commission will hold a 5
public hearing on the proposed Rule, the Commission shall provide a Notice of 6
Proposed Rulemaking: 7
(1) On the website of the Commission or other publicly 8
accessible platform; 9
(2) To persons who have requested notice of the Commission's 10
notices of proposed rulemaking; and 11
(3) In such other way(s) as the Commission may by Rule 12
specify. 13
(H) The Notice of Proposed Rulemaking shall include: 14
(1) The time, date, and location of the public hearing at which 15
the Commission will hear public comments on the proposed Rule and, if 16
different, the time, date, and location of the meeting where the Commission 17
will consider and vote on the proposed Rule; 18
(2) If the hearing is held via telecommunication, video 19
conference, or other electronic means, the Commission shall include the 20
mechanism for access to the hearing in the Notice of Proposed Rulemaking; 21
(3) The text of the proposed Rule and the reason therefor; 22
(4) A request for comments on the proposed Rule from any 23
interested person; and 24
(5) The manner in which interested persons may submit written 25
comments. 26
(I) All hearings will be recorded. A copy of the recording and all 27
written comments and documents received by the Commission in response to the 28
proposed Rule shall be available to the public. 29
(J) Nothing in this section shall be construed as requiring a separate 30
hearing on each Rule. Rules may be grouped for the convenience of the Commission 31 34-LS0258\N
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at hearings required by this section. 1
(K) The Commission shall, by majority vote of all members, take final 2
action on the proposed Rule based on the Rulemaking record and the full text of the 3
Rule. 4
(1) The Commission may adopt changes to the proposed Rule 5
provided the changes do not enlarge the original purpose of the proposed Rule. 6
(2) The Commission shall provide an explanation of the 7
reasons for substantive changes made to the proposed Rule as well as reasons 8
for substantive changes not made that were recommended by commenters. 9
(3) The Commission shall determine a reasonable effective date 10
for the Rule. Except for an emergency as provided in Section 12(L), the 11
effective date of the rule shall be no sooner than 30 days after issuing the 12
notice that it adopted or amended the Rule. 13
(L) Upon determination that an emergency exists, the Commission 14
may consider and adopt an emergency Rule with 48 hours' notice, with opportunity to 15
comment, provided that the usual Rulemaking procedures provided in the Compact 16
and in this section shall be retroactively applied to the Rule as soon as reasonably 17
possible, in no event later than ninety (90) days after the effective date of the Rule. For 18
the purposes of this provision, an emergency Rule is one that must be adopted 19
immediately in order to: 20
(1) Meet an imminent threat to public health, safety, or welfare; 21
(2) Prevent a loss of Commission or Member State funds; 22
(3) Meet a deadline for the promulgation of a Rule that is 23
established by federal law or rule; or 24
(4) Protect public health and safety. 25
(M) The Commission or an authorized committee of the Commission 26
may direct revisions to a previously adopted Rule for purposes of correcting 27
typographical errors, errors in format, errors in consistency, or grammatical errors. 28
Public notice of any revisions shall be posted on the website of the Commission. The 29
revision shall be subject to challenge by any person for a period of thirty (30) days 30
after posting. The revision may be challenged only on grounds that the revision results 31 34-LS0258\N
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in a material change to a Rule. A challenge shall be made in writing and delivered to 1
the Commission prior to the end of the notice period. If no challenge is made, the 2
revision will take effect without further action. If the revision is challenged, the 3
revision may not take effect without the approval of the Commission. 4
(N) No Member State's rulemaking requirements shall apply under this 5
Compact. 6
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 7
(A) Oversight 8
(1) The executive and judicial branches of State government in 9
each Member State shall enforce this Compact and take all actions necessary 10
and appropriate to implement the Compact. 11
(2) Except as otherwise provided in this Compact, venue is 12
proper and judicial proceedings by or against the Commission shall be brought 13
solely and exclusively in a court of competent jurisdiction where the principal 14
office of the Commission is located. The Commission may waive venue and 15
jurisdictional defenses to the extent it adopts or consents to participate in 16
alternative dispute resolution proceedings. Nothing herein shall affect or limit 17
the selection or propriety of venue in any action against a Licensee for 18
professional malpractice, misconduct or any such similar matter. 19
(3) The Commission shall be entitled to receive service of 20
process in any proceeding regarding the enforcement or interpretation of the 21
Compact and shall have standing to intervene in such a proceeding for all 22
purposes. Failure to provide the Commission service of process shall render a 23
judgment or order void as to the Commission, this Compact, or promulgated 24
Rules. 25
(B) Default, Technical Assistance, and Termination 26
(1) If the Commission determines that a Member State has 27
defaulted in the performance of its obligations or responsibilities under this 28
Compact or the promulgated Rules, the Commission shall provide written 29
notice to the defaulting State. The notice of default shall describe the default, 30
the proposed means of curing the default, and any other action that the 31 34-LS0258\N
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Commission may take, and shall offer training and specific technical assistance 1
regarding the default. 2
(2) The Commission shall provide a copy of the notice of 3
default to the other Member States. 4
(C) If a State in default fails to cure the default, the defaulting State 5
may be terminated from the Compact upon an affirmative vote of a majority of the 6
delegates of the Member States, and all rights, privileges and benefits conferred on 7
that State by this Compact may be terminated on the effective date of termination. A 8
cure of the default does not relieve the offending State of obligations or liabilities 9
incurred during the period of default. 10
(D) Termination of membership in the Compact shall be imposed only 11
after all other means of securing compliance have been exhausted. Notice of intent to 12
suspend or terminate shall be given by the Commission to the governor, the majority 13
and minority leaders of the defaulting State's legislature, the defaulting State's State 14
Licensing Authority and each of the Member States' State Licensing Authority. 15
(E) A State that has been terminated is responsible for all assessments, 16
obligations, and liabilities incurred through the effective date of termination, including 17
obligations that extend beyond the effective date of termination. 18
(F) Upon the termination of a State's membership from this Compact, 19
that State shall immediately provide notice to all Licensees within that State of such 20
termination. The terminated State shall continue to recognize all licenses granted 21
pursuant to this Compact for a minimum of six (6) months after the date of said notice 22
of termination. 23
(G) The Commission shall not bear any costs related to a State that is 24
found to be in default or that has been terminated from the Compact, unless agreed 25
upon in writing between the Commission and the defaulting State. 26
(H) The defaulting State may appeal the action of the Commission by 27
petitioning the U.S. District Court for the District of Columbia or the federal district 28
where the Commission has its principal offices. The prevailing party shall be awarded 29
all costs of such litigation, including reasonable attorney's fees. 30
(I) Dispute Resolution
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(1) Upon request by a Member State, the Commission shall 1
attempt to resolve disputes related to the Compact that arise among Member 2
States and between Member and non-Member States. 3
(2) The Commission shall promulgate a Rule providing for 4
both mediation and binding dispute resolution for disputes as appropriate. 5
(J) Enforcement 6
(1) By majority vote as provided by Rule, the Commission may 7
initiate legal action against a Member State in default in the United States 8
District Court for the District of Columbia or the federal district where the 9
Commission has its principal offices to enforce compliance with the provisions 10
of the Compact and its promulgated Rules. The relief sought may include both 11
injunctive relief and damages. In the event judicial enforcement is necessary, 12
the prevailing party shall be awarded all costs of such litigation, including 13
reasonable attorney's fees. The remedies herein shall not be the exclusive 14
remedies of the Commission. The Commission may pursue any other remedies 15
available under federal or the defaulting Member State's law. 16
(2) A Member State may initiate legal action against the 17
Commission in the U.S. District Court for the District of Columbia or the 18
federal district where the Commission has its principal offices to enforce 19
compliance with the provisions of the Compact and its promulgated Rules. The 20
relief sought may include both injunctive relief and damages. In the event 21
judicial enforcement is necessary, the prevailing party shall be awarded all 22
costs of such litigation, including reasonable attorney's fees. 23
(3) No person other than a Member State shall enforce this 24
Compact against the Commission. 25
SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 26
(A) The Compact shall come into effect on the date on which the 27
Compact statute is enacted into law in the seventh Member State. 28
(1) On or after the effective date of the Compact, the 29
Commission shall convene and review the enactment of each of the first seven 30
Member States ("Charter Member States") to determine if the statute enacted 31 34-LS0258\N
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by each such Charter Member State is materially different than the model 1
Compact statute. 2
(a) A Charter Member State whose enactment is found 3
to be materially different from the model Compact statute shall be 4
entitled to the default process set forth in Section 13. 5
(b) If any Member State is later found to be in default, 6
or is terminated or withdraws from the Compact, the Commission shall 7
remain in existence and the Compact shall remain in effect even if the 8
number of Member States should be less than seven. 9
(2) Member States enacting the Compact subsequent to the 10
seven initial Charter Member States shall be subject to the process set forth in 11
Section 10(C)(21) to determine if their enactments are materially different 12
from the model Compact statute and whether they qualify for participation in 13
the Compact. 14
(3) All actions taken for the benefit of the Commission or in 15
furtherance of the purposes of the administration of the Compact prior to the 16
effective date of the Compact or the Commission coming into existence shall 17
be considered to be actions of the Commission unless specifically repudiated 18
by the Commission. 19
(4) Any State that joins the Compact subsequent to the 20
Commission's initial adoption of the Rules and bylaws shall be subject to the 21
Rules and bylaws as they exist on the date on which the Compact becomes law 22
in that State. Any Rule that has been previously adopted by the Commission 23
shall have the full force and effect of law on the day the Compact becomes law 24
in that State. 25
(B) Any Member State may withdraw from this Compact by enacting a 26
statute repealing the same. 27
(1) A Member State's withdrawal shall not take effect until 180 28
days after enactment of the repealing statute. 29
(2) Withdrawal shall not affect the continuing requirement of 30
the withdrawing State's Licensing Authority to comply with the investigative 31 34-LS0258\N
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and Adverse Action reporting requirements of this Compact prior to the 1
effective date of withdrawal. 2
(3) Upon the enactment of a statute withdrawing from this 3
Compact, a State shall immediately provide notice of such withdrawal to all 4
Licensees within that State. Notwithstanding any subsequent statutory 5
enactment to the contrary, such withdrawing State shall continue to recognize 6
all licenses granted pursuant to this Compact for a minimum of 180 days after 7
the date of such notice of withdrawal. 8
(C) Nothing contained in this Compact shall be construed to invalidate 9
or prevent any licensure agreement or other cooperative arrangement between a 10
Member State and a non-Member State that does not conflict with the provisions of 11
this Compact. 12
(D) This Compact may be amended by the Member States. No 13
amendment to this Compact shall become effective and binding upon any Member 14
State until it is enacted into the laws of all Member States. 15
SECTION 15. CONSTRUCTION AND SEVERABILITY. 16
(A) This Compact and the Commission's rulemaking authority shall be 17
liberally construed so as to effectuate the purposes, and the implementation and 18
administration of the Compact. Provisions of the Compact expressly authorizing or 19
requiring the promulgation of Rules shall not be construed to limit the Commission's 20
rulemaking authority solely for those purposes. 21
(B) The provisions of this Compact shall be severable and if any 22
phrase, clause, sentence or provision of this Compact is held by a court of competent 23
jurisdiction to be contrary to the constitution of any Member State, a State seeking 24
participation in the Compact, or of the United States, or the applicability thereof to any 25
government, agency, person or circumstance is held to be unconstitutional by a court 26
of competent jurisdiction, the validity of the remainder of this Compact and the 27
applicability thereof to any other government, agency, person or circumstance shall 28
not be affected thereby. 29
(C) Notwithstanding subsection B of this section, the Commission may 30
deny a State's participation in the Compact or, in accordance with the requirements of 31 34-LS0258\N
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Section 13(B), terminate a Member State's participation in the Compact, if it 1
determines that a constitutional requirement of a Member State is a material departure 2
from the Compact. Otherwise, if this Compact shall be held to be contrary to the 3
constitution of any Member State, the Compact shall remain in full force and effect as 4
to the remaining Member States and in full force and effect as to the Member State 5
affected as to all severable matters. 6
SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAW S. 7
(A) A Licensee providing services in a Remote State under a 8
Multistate Authorization to Practice shall adhere to the laws and regulations, including 9
laws, regulations, and applicable standards, of the Remote State where the client is 10
located at the time care is rendered. 11
(B) Nothing herein shall prevent or inhibit the enforcement of any 12
other law of a Member State that is not inconsistent with the Compact. 13
(C) Any laws, statutes, regulations, or other legal requirements in a 14
Member State in conflict with the Compact are superseded to the extent of the conflict. 15
(D) All permissible agreements between the Commission and the 16
Member States are binding in accordance with their terms. 17
* Sec. 7. AS 08.95.990 is amended by adding new paragraphs to read: 18
(8) "multistate authorization to practice" has the meaning given in 19
AS 08.95.200; 20
(9) "regulated social worker" has the meaning given in AS 08.95.200. 21
* Sec. 8. AS 12.62.400(a) is amended by adding a new paragraph to read: 22
(26) multistate licensure as a social worker under AS 08.95.200. 23
* Sec. 9. This Act takes effect January 1, 2026. 24