HB318INTRODUCED
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HB318
ZN3JRRW-1
By Representatives Hassell, Oliver, Paschal
RFD: Boards, Agencies and Commissions
First Read: 19-Mar-24
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First Read: 19-Mar-24
SYNOPSIS:
This bill would allow the Alabama Board of
Social Work Examiners to enter into the Social Work
Licensure Compact by adopting Article 4 of Chapter 30
of Title 34, Code of Alabama 1975, as a means of
providing uniformity in licensing requirements and
interstate practice throughout party states.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Board of Social Work Examiners;
to enter into the Social Work Licensure Compact by adopting
Article 4 of Chapter 30 of Title 34, Code of Alabama 1975, to
read as follows:
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Article 4, commencing with Section
34-30-100, is added to Chapter 30 of Title 34, Code of Alabama
1975, to read as follows:
ARTICLE 4. SOCIAL WORK LICENSURE COMPACT
§34-30-100. Purpose.
(a) The purpose of this compact is to facilitate
interstate practice of regulated social workers by improving
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interstate practice of regulated social workers by improving
public access to competent social work services. This compact
preserves the regulatory authority of states to protect public
health and safety through the current system of state
licensing.
(b) This compact is designed to achieve all of the
following objectives:
(1) Increase public access to social work services.
(2) Reduce overly burdensome and duplicative
requirements associated with holding multiple licenses.
(3) Enhance the member states' ability to protect the
public's health and safety.
(4) Encourage the cooperation of member states in
regulating multistate practice.
(5) Promote mobility and address workforce shortages by
eliminating the necessity for licenses in multiple states by
providing for the mutual recognition of other member states'
licenses.
(6) Support military families.
(7) Facilitate the exchange of licensing and
disciplinary information among member states.
(8) Authorize all member states to hold a regulated
social worker accountable for abiding by a member state's
laws, rules, and applicable professional standards in the
member state in which the client is located at the time care
is rendered.
(9) Allow for the use of telehealth to facilitate
increased access to regulated social work services.
§34-30-101. Definitions.
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§34-30-101. Definitions.
As used in this compact, the following terms have the
following meanings:
(1) ACTIVE MILITARY MEMBER. Any individual with
full-time duty status in the active Armed Forces of the United
States, including members of the National Guard and Reserve.
(2) ADVERSE ACTION. Any administrative, civil,
equitable, or criminal action permitted by a state's laws
which is imposed by a licensing authority or other authority
against a regulated social worker, including actions against
an individual's license or multistate authorization to
practice, such as revocation, suspension, probation,
monitoring of the licensee, limitation on the licensee's
practice, or any other encumbrance on licensing affecting a
regulated social worker's authorization to practice, including
issuance of a cease and desist action.
(3) ALTERNATIVE PROGRAM. A nondisciplinary monitoring
or practice remediation process approved by a licensing
authority to address practitioners with an impairment.
(4) CHARTER MEMBER STATE. Member states which have
enacted legislation to adopt this compact where such
legislation predates the effective date of this compact as
described in Section 34-30-113.
(5) COMPACT COMMISSION or COMMISSION. The governmental
agency whose membership consists of all states that have
enacted this compact, which is known as the Social Work
Licensure Compact Commission, as described in Section
34-30-109, and which shall operate as an instrumentality of
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34-30-109, and which shall operate as an instrumentality of
the member states.
(6) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION.
a. Investigative information that a licensing
authority, after a preliminary inquiry that includes
notification and an opportunity for the regulated social
worker to respond, has reason to believe is not groundless
and, if proved true, would indicate more than a minor
infraction as may be defined by the commission.
b. Investigative information that indicates that the
regulated social worker represents an immediate threat to
public health and safety, as may be defined by the commission,
regardless of whether he or she has been notified and has had
an opportunity to respond.
(7) DATA SYSTEM. A repository of information about
licensees, including continuing education, examination,
licensing, current significant investigative information,
disqualifying events, multistate licenses, and adverse action
information or other information as required by the
commission.
(8) DISQUALIFYING EVENT. Any adverse action or incident
which results in an encumbrance that disqualifies or makes the
licensee ineligible to either obtain, retain, or renew a
multistate license.
(9) DOMICILE. The jurisdiction in which the licensee
resides and intends to remain indefinitely.
(10) ENCUMBRANCE. A revocation or suspension of, or any
limitation on, the full and unrestricted practice of social
work licensed and regulated by a licensing authority.
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work licensed and regulated by a licensing authority.
(11) EXECUTIVE COMMITTEE. A group of delegates elected
or appointed to act on behalf of, and within the powers
granted to them by, this compact and the commission.
(12) HOME STATE. The member state that is the
licensee's primary domicile.
(13) IMPAIRMENT. A condition or conditions that may
impair a practitioner's ability to engage in full and
unrestricted practice as a regulated social worker without
some type of intervention and may include alcohol and drug
dependence, mental health impairment, and neurological or
physical impairments.
(14) LICENSEE. An individual who currently holds a
license from a state to practice as a regulated social worker.
(15) LICENSING AUTHORITY. The board or agency of a
member state, or equivalent, that is responsible for the
licensing and regulation of regulated social workers.
(16) MEMBER STATE. A state, commonwealth, district, or
territory of the United States of America that has enacted
this compact.
(17) MULTISTATE AUTHORIZATION TO PRACTICE. A legally
authorized privilege to practice, which is equivalent to a
license, associated with a multistate license permitting the
practice of social work in a remote state.
(18) MULTISTATE LICENSE. A license to practice as a
regulated social worker issued by a home state licensing
authority that authorizes the regulated social worker to
practice in all member states under a multistate authorization
to practice.
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to practice.
(19) QUALIFYING NATIONAL EXAM. A national licensing
examination approved by the commission.
(20) REGULATED SOCIAL WORKER. Any clinical, master's,
or bachelor's social worker licensed by a member state
regardless of the title used by that member state.
(21) REMOTE STATE. A member state other than the
licensee's home state.
(22) RULE or RULE OF THE COMMISSION. A rule or rules
adopted by this commission, as authorized by this compact,
that has the force of law.
(23) SINGLE-STATE LICENSE. A social work license issued
by any state that authorizes practice only within the issuing
state and does not include multistate authorization to
practice in any member state.
(24) SOCIAL WORK or SOCIAL WORK SERVICES. The
application of social work theory, knowledge, methods, ethics,
and the professional use of self to restore or enhance social,
psychosocial, or biopsychosocial functioning of individuals,
couples, families, groups, organizations, and communities
through the care and services provided by a regulated social
worker as set forth in the member state's statutes and rules
in the state where the services are being provided.
(25) STATE. Any state, commonwealth, district, or
territory of the United States of America that regulates the
practice of social work.
(26) UNENCUMBERED LICENSE. A license that authorizes a
regulated social worker to engage in the full and unrestricted
practice of social work.
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practice of social work.
§34-30-102. State Participation in this Compact.
(a) To be eligible to participate in this compact, a
potential member state must currently meet all of the
following criteria:
(1) License and regulate the practice of social work at
either the clinical, master's, or bachelor's category.
(2) Require applicants for licensing to graduate from a
program that is:
a. Operated by a college or university recognized by
the licensing authority.
b. Accredited, or in candidacy by an institution that
subsequently becomes accredited, by an accrediting agency
recognized by either the Council for Higher Education
Accreditation, or its successor, or the United States
Department of Education, and corresponds to the licensing
sought as outlined in Section 34-30-103.
(3) Require applicants for clinical licensing to
complete a period of supervised practice.
(4) Have a mechanism in place for receiving,
investigating, and adjudicating complaints about licensees.
(b) To maintain membership in this compact, a member
state shall do all of the following:
(1) Require that applicants for a multistate license
pass a qualifying national exam for the corresponding category
of multistate license sought as outlined in Section 34-30-103.
(2) Participate fully in this compact commission's data
system, including using the commission's unique identifier as
defined in rules.
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defined in rules.
(3) Notify the commission, in compliance with the terms
of this compact and rules, of any adverse action or the
availability of current significant investigative information
regarding a licensee.
(4) Implement procedures for considering the criminal
history records of applicants for a mulistate license. These
procedures shall include the submission of fingerprints or
other biometric-based information by applicants for the
purpose of obtaining an applicant's criminal history record
information from the Federal Bureau of Investigation and the
agency responsible for retaining that state's criminal
records.
(5) Comply with the rules of the commission.
(6) Require an applicant to obtain or retain a license
in the home state and meet the home state's qualifications for
licensing or renewal of licensing, as well as all other
applicable home state laws.
(7) Authorize a licensee holding a multistate license
in any member state to practice in accordance with the terms
of this compact and rules of the commission.
(8) Designate a delegate to participate in commission
meetings.
(c) A member state meeting the requirements of
subsections (a) and (b) shall designate the categories of
social work licensing that are eligible for issuance of a
multistate license for applicants in member states. To the
extent that any member state does not meet the requirements
for participation in this compact in any particular category
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for participation in this compact in any particular category
of social work licensing, the member state may choose, but is
not obligated, to issue a multistate license to applicants who
otherwise meet the requirements of Section 34-30-103 for
issuance of a multistate license in those categories of
licensing.
(d) Member states may charge a fee for granting a
multistate license.
§34-30-103. Social Worker Participation in this
compact.
(a) To be eligible for a multistate license under the
terms and provisions of this compact, an applicant, regardless
of category must do all of the following:
(1) Hold or be eligible for an active, unencumbered
license in the home state.
(2) Pay any applicable fees, including any state fee,
for the multistate license.
(3) Submit, in connection with an application for a
multistate license, fingerprints or other biometric data for
the purpose of obtaining criminal history record information
from the Federal Bureau of Investigation and the agency
responsible for retaining that state's criminal records.
(4) Notify the home state of any adverse action,
encumbrance, or restriction on any professional license taken
by any member state or non-member state within 30 days from
the date the action is taken.
(5) Meet any continuing competence requirements
established by the home state.
(6) Abide by the laws, rules, and applicable standards
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(6) Abide by the laws, rules, and applicable standards
in the member state where the client is located at the time
care is rendered.
(b) An applicant for a clinical-category multistate
license must meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be
satisfied by one of the following:
a. Passage of a clinical-category qualifying national
exam.
b. Licensing of the applicant in his or her home state
in the clinical category, beginning prior to the time a
qualifying national exam was required by the home state and
accompanied by a period of continuous social work licensing
thereafter, all of which may be further governed by the rules
of the commission.
c. The substantial equivalency of the foregoing
competency requirements which the commission may determine by
rule.
(2) Attain at least a master's degree in social work
from a program that is both of the following:
a. Operated by a college or university recognized by
the licensing authority.
b. Accredited, or in candidacy that subsequently
becomes accredited, by an accrediting agency recognized by
either:
(i) the Council for Higher Education Accreditation, or
its successor; or
(ii) the United States Department of Education.
(3) Fulfill a practice requirement, which shall be
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(3) Fulfill a practice requirement, which shall be
satisfied by demonstrating completion of one of the following:
a. A period of postgraduate supervised clinical
practice equal to a minimum of 3,000 hours.
b. A minimum of two years of full-time postgraduate
supervised clinical practice.
c. The substantial equivalency of the foregoing
practice requirements which the commission may determine by
rule.
(c) An applicant for a master's-category multistate
license must meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be
satisfied by one of the following:
a. Passage of a master's-category qualifying national
exam.
b. licensing of the applicant in his or her home state
in the master's category, beginning prior to the time a
qualifying national exam was required by the home state in the
master's category and accompanied by a continuous period of
social work licensing, all of which may be further governed by
the rules of the commission.
c. The substantial equivalency of the foregoing
competency requirements which the commission may determine by
rule.
(2) Attain at least a master's degree in social work
from a program that is both of the following:
a. Operated by a college or university recognized by
the licensing authority.
b. Accredited, or in candidacy that subsequently
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b. Accredited, or in candidacy that subsequently
becomes accredited, by an accrediting agency recognized by
either:
(i) the Council for Higher Education Accreditation, or
its successor, or
(ii) the United States Department of Education.
(d) An applicant for a bachelor's-category multistate
license must meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be
satisfied by one of the following:
a. Passage of a bachelor's-category qualifying national
exam.
b. Licensing of the applicant in his or her home state
in the bachelor's category, beginning prior to the time a
qualifying national exam was required by the home state and
accompanied by a period of continuous social work licensing,
all of which may be further governed by the rules of the
commission.
c. The substantial equivalency of the foregoing
competency requirements which the commission may determine by
rule.
(2) Attain at least a bachelor's degree in social work
from a program that is both of the following:
a. Operated by a college or university recognized by
the licensing authority.
b. Accredited, or in candidacy that subsequently
becomes accredited, by an accrediting agency recognized by
either:
(i) the Council for Higher Education Accreditation, or
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(i) the Council for Higher Education Accreditation, or
its successor; or
(ii) the United States Department of Education.
(e) The multistate license for a regulated social
worker is subject to the renewal requirements of the home
state. The regulated social worker must maintain compliance
with the requirements of subsection (a) to be eligible to
renew a multistate license.
(f) The regulated social worker's services in a remote
state are subject to that member state's regulatory authority.
A remote state, in accordance with due process and that member
state's laws, may remove a regulated social worker's
multistate authorization to practice in the remote state for a
specific period of time, impose fines, and take any other
necessary actions to protect the health and safety of its
residents.
(g) If a multistate license is encumbered, the
regulated social worker's multistate authorization to practice
shall be deactivated in all remote states until the multistate
license is no longer encumbered.
(h) If a multistate authorization to practice is
encumbered in a remote state, the regulated social worker's
multistate authorization to practice may be deactivated in
that state until the multistate authorization to practice is
no longer encumbered.
§34-30-104. Issuance of a Multistate License.
(a) Upon receipt of an application for a multistate
license, the home state licensing authority shall determine
the applicant's eligibility for a multistate license in
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the applicant's eligibility for a multistate license in
accordance with Section 34-30-103.
(b) If the applicant is eligible pursuant to Section
34-30-103, the home state licensing authority shall issue a
multistate license that authorizes the applicant or regulated
social worker to practice in all member states under a
multistate authorization to practice.
(c) Upon issuance of a multistate license, the home
state licensing authority shall designate whether the
regulated social worker holds a multistate license in the
bachelor's, master's, or clinical category of social work.
(d) A multistate license issued by a home state to a
resident in that state shall be recognized by all compact
member states as authorizing social work practice under a
multistate authorization to practice corresponding to each
category of licensing regulated in each member state.
§34-30-105. Authority of the Commission and Member
State Licensing Authorities.
(a) Nothing in this compact, nor any rule of the
commission, shall be construed to limit, restrict, or in any
way reduce the ability of a member state to enact and enforce
laws or rules related to the practice of social work in that
state, where those laws or rules are not inconsistent with
this compact.
(b) Nothing in this compact shall affect the
requirements established by a member state for the issuance of
a single state license.
(c) Nothing in this compact, nor any rule of the
commission, shall be construed to limit, restrict, or in any
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commission, shall be construed to limit, restrict, or in any
way reduce the ability of a member state to take adverse
action against a licensee's single state license to practice
social work in that state.
(d) Nothing in this compact, nor any rule of the
commission, shall be construed to limit, restrict, or in any
way reduce the ability of a remote state to take adverse
action against a licensee's multistate authorization to
practice in that state.
(e) Nothing in this compact, nor any rule of the
commission, shall be construed to limit, restrict, or in any
way reduce the ability of a licensee's home state to take
adverse action against a licensee's multistate license based
upon information provided by a remote state.
§34-30-106. Reissuance of a Multistate License By a New
Home State.
(a) A licensee may hold a home state license, issued by
his or her home state, in only one member state at a time.
(b) If a licensee changes his or her home state by
moving between two member states:
(1) The licensee shall immediately apply for the
reissuance of his or her multistate license in his or her new
home state. The licensee shall pay all applicable fees and
notify the prior home state in accordance with the rules of
the commission.
(2) Upon receipt of an application to reissue a
multistate license, the new home state shall verify that the
multistate license is active, unencumbered, and eligible for
reissuance under the terms of this compact and the rules of
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reissuance under the terms of this compact and the rules of
the commission. The multistate license issued by the prior
home state shall be deactivated and all member states notified
in accordance with the applicable rules adopted by the
commission.
(3) Prior to the reissuance of the multistate license,
the new home state shall conduct procedures for considering
the criminal history records of the licensee. The procedures
shall include the submission of fingerprints or other
biometric-based information by applicants for the purpose of
obtaining an applicant's criminal history record information
from the Federal Bureau of Investigation and the agency
responsible for retaining that state's criminal records.
(4) If required for initial licensing, the new home
state may require completion of jurisprudence requirements in
the new home state.
(5) Notwithstanding any other provision of this
compact, if a licensee does not meet the requirements set
forth in this compact for the reissuance of a multistate
license by the new home state, then the licensee shall be
subject to the new home state requirements for the issuance of
a single-state license in that state.
(c) If a licensee changes his or her primary state of
residence by moving from a member state to a non-member state,
or from a non-member state to a member state, then the
licensee shall be subject to the state requirements for the
issuance of a single-state license in the new home state.
(d) Nothing in this compact shall interfere with a
licensee's ability to hold a single-state license in multiple
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licensee's ability to hold a single-state license in multiple
states; however, for the purposes of this compact, a licensee
shall have only one home state and only one multistate
license.
(e) Nothing in this compact shall interfere with the
requirements established by a member state for the issuance of
a single-state license.
§34-30-107. Military Families.
An active military member or his or her spouse shall
designate a home state where the individual has a multistate
license. The individual may retain his or her home state
designation during the period the service member is on active
duty.
§34-30-108. Adverse Actions.
(a) In addition to the other powers conferred by state
law, a remote state, in accordance with existing state due
process law, may:
(1) Take adverse action against a regulated social
worker's multistate authorization to practice only within that
member state, and issue subpoenas for both hearings and
investigations that require the attendance and testimony of
witnesses as well as the production of evidence. Subpoenas
issued by a licensing authority in a member state for the
attendance and testimony of witnesses or the production of
evidence from another member state shall be enforced in the
latter state by any court of competent jurisdiction, according
to the practice and procedure applicable to subpoenas issued
in proceedings pending before that court. The issuing
licensing authority shall pay any witness fees, travel
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licensing authority shall pay any witness fees, travel
expenses, mileage, and other fees required by the service
statutes of the state in which the witnesses or evidence are
located.
(2) Only the home state shall have the power to take
adverse action against a regulated social worker's multistate
license.
(b) For the purposes of taking adverse action, the home
state shall give the same priority and effect to reported
conduct received from a member state as it would if the
conduct had occurred within the home state. In so doing, the
home state shall apply its own state laws to determine
appropriate action.
(c) The home state shall complete any pending
investigations of a regulated social worker who changes home
states during the course of the investigations. The home state
may also take appropriate action and shall promptly report the
conclusions of the investigations to the administrator of the
data system. The administrator of the data system shall
promptly notify the new home state of any adverse actions.
(d) A member state, if otherwise permitted by state
law, may recover from the affected regulated social worker the
cost of investigations and dispositions of cases resulting
from any adverse action taken against him or her.
(e) A member state may take adverse action based on the
factual findings of another member state, provided that the
member state follows its own procedures for taking the adverse
action.
(f) Joint investigations:
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(f) Joint investigations:
(1) In addition to the authority granted to a member
state by its respective social worker practice act or other
applicable state law, any member state may participate with
other member states in joint investigations of licensees.
(2) Member states shall share any investigative,
litigation, or compliance materials in furtherance of any
joint investigation initiated under this compact.
(g) If adverse action is taken by the home state
against the multistate license of a regulated social worker,
the regulated social worker's multistate authorization to
practice in all other member states shall be deactivated until
all encumbrances have been removed from the multistate
license. All home state disciplinary orders that impose
adverse action against the license of a regulated social
worker shall include a statement that the regulated social
worker's multistate authorization to practice is deactivated
in all member states until all conditions of the decison,
order, or agreement are satisfied.
(h) If a member state takes adverse action, it shall
promptly notify the administrator of the data system. The
administrator of the data system shall promptly notify the
home state and all other member states of any adverse actions
by remote states.
(i) Nothing in this compact shall override a member
state's decision to impose participation in an alternative
program in lieu of adverse action.
(j) Nothing in this compact shall authorize a member
state to demand the issuance of subpoenas for attendance and
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state to demand the issuance of subpoenas for attendance and
testimony of witnesses or the production of evidence from
another member state for lawful actions within that member
state.
(k) Nothing in this compact shall authorize a member
state to impose discipline against a regulated social worker
who holds a multistate authorization to practice for lawful
actions within another member state.
§34-30-109. Establishment of Social Work Licensure
Compact Commission.
(a) The compact member states hereby create and
establish a joint governmental agency whose membership
consists of all member states that have enacted this compact
known as the Social Work Licensure Compact Commission. The
commission is an instrumentality of this compact states acting
jointly and not an instrumentality of any one state. The
compact commission shall come into existence on or after the
effective date of this compact as set forth in Section
34-30-113.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one
delegate selected by that member state's licensing authority.
(2) The delegate shall be a current member of the
licensing authority at the time of appointment, who is a
regulated social worker, public member of the licensing
authority, or an administrator of the licensing authority, or
his or her designee.
(3) The commission shall by rule or bylaw establish a
term of office for delegates and may by rule or bylaw
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term of office for delegates and may by rule or bylaw
establish term limits.
(4) The commission may recommend removal or suspension
of any delegate from office.
(5) A member state's licensing authority shall fill any
vacancy of its delegate occurring on the commission within 60
days of the vacancy.
(6) Each delegate shall be entitled to one vote on all
matters before the commission requiring a vote by commission
delegates.
(7) A delegate shall vote in person or by other means
as provided in the bylaws. The bylaws may provide for
delegates to meet and vote by telecommunication, video
conference, or other means of communication.
(8) The compact commission shall meet at least once
during each calendar year. Additional meetings may be held as
set forth in the bylaws. The compact commission may meet by
telecommunication, video conference, or other similar
electronic means.
(c) The commission shall have the following powers to:
(1) Establish the fiscal year of the commission.
(2) Establish code of conduct and conflict of interest
policies.
(3) Establish and amend rules and bylaws.
(4) Maintain its financial records in accordance with
the bylaws.
(5) Meet and take action consistent with this compact,
the commission's rules, and the bylaws.
(6) Initiate and conclude legal proceedings or actions
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(6) Initiate and conclude legal proceedings or actions
in the name of the commission, provided that the standing of
any licensing authority to sue or be sued under applicable law
shall not be affected.
(7) Maintain and certify records and information
provided to a member state as the authenticated business
records of the commission, and designate an agent to do so on
behalf of the commission.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of
personnel including, but not limited to, employees of a member
state.
(10) Conduct an annual financial review.
(11) Hire employees, elect or appoint officers, fix
compensation, define duties, grant those individuals
appropriate authority to carry out the purposes of this
compact, and establish the commission's personnel policies and
programs relating to conflicts of interest, qualifications of
personnel, and other related personnel matters.
(12) Assess and collect fees.
(13) Accept any and all appropriate donations, grants
of money, other sources of revenue, equipment, supplies,
materials, services, and gifts, and receive, utilize, and
dispose of the same; provided, that at all times the
commission shall avoid any appearance of impropriety or
conflict of interest.
(14) Lease, purchase, retain, own, hold, improve, or
use any property, real, personal, or mixed, or any undivided
interest in property.
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interest in property.
(15) Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal,
or mixed.
(16) Establish a budget and make expenditures.
(17) Borrow money.
(18) Appoint committees, including standing committees,
composed of members, state regulators, state legislators or
their designees, consumer representatives, and other
interested individuals as may be designated in this compact
and the rules.
(19) Provide and receive information from, and
cooperate with, law enforcement agencies.
(20) Establish and elect an executive committee,
including a chair and a vice chair.
(21) Determine whether a state's adopted language is
materially different from the model compact language such that
the state does not qualify for participation in this compact.
(22) Perform other functions as may be necessary or
appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act
on behalf of the commission according to the terms of this
compact. The powers, duties, and responsibilities of the
executive committee shall include all of the following:
a. Oversee the day-to-day activities of the
administration of this compact, including enforcement and
compliance with this compact, its rules and bylaws, and other
duties as deemed necessary.
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duties as deemed necessary.
b. Recommend to the commission changes to the rules or
bylaws, changes to this compact legislation, fees charged to
compact member states, fees charged to licensees, and other
fees.
c. Ensure compact administration services are
appropriately provided, including by contract.
d. Prepare and recommend the budget.
e. Maintain financial records on behalf of the
commission.
f. Monitor compact compliance of member states and
provide compliance reports to the commission.
g. Establish additional committees as necessary.
h. Exercise the powers and duties of the commission
during the interim between commission meetings, except for
adopting or amending rules, adopting or amending bylaws, and
exercising any other powers and duties expressly reserved to
the commission by rule or bylaw.
i. Other duties as provided in the rules or bylaws of
the commission.
(2) The executive committee shall be composed of up to
11 members:
a. The chair and vice chair of the commission shall be
voting members of the executive committee.
b. The commission shall elect five voting members from
the then current membership of the commission.
c. Up to four ex officio, nonvoting members from four
recognized national social work organizations as selected by
their respective organizations.
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their respective organizations.
(3) The commission may remove any member of the
executive committee as provided in the commission's bylaws.
(4) The executive committee shall meet at least
annually.
a. Executive committee meetings shall be open to the
public, except that the executive committee may meet in a
closed, nonpublic meeting pursuant to subdivision (f)(2).
b. The executive committee shall give seven days'
notice of its meetings, posted on its website and as
determined to provide notice to individuals with an interest
in the business of the commission.
c. The executive committee may hold a special meeting
in accordance with paragraph (f)(1)b.
(e) The commission shall adopt and provide to the
member states an annual report.
(f) Meetings of the compact commission.
(1) All meetings of the commission shall be open to the
public, except that the commission may meet in a closed,
nonpublic meeting as provided in subdivision (2).
a. Public notice for all meetings of the full
commission shall be given in the same manner as required for a
public hearing under the rulemaking provisions in Section
34-30-111, except that the commission may hold a special
meeting as provided in paragraph b.
b. The commission or executive committee may hold a
special meeting when the commission or executive committee
must meet to conduct emergency business by giving 48 hours'
notice to all commissioners, on the commission's website, and
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notice to all commissioners, on the commission's website, and
by other means as provided in the commission's rules. The
commission's legal counsel shall certify that the commission's
need to meet qualifies as an emergency.
(2) The commission, the executive committee, or other
committees of the commission may convene in a closed,
nonpublic meeting for the commission, executive committee, or
other committees of the commission to receive legal advice or
to discuss any of the following:
a. Noncompliance of a member state with its obligations
under this compact.
b. The employment, compensation, discipline, or other
matters, practices, or procedures related to specific
employees.
c. Current or threatened discipline of a licensee by
the commission or by a member state's licensing authority.
d. Current, threatened, or reasonably anticipated
litigation.
e. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate.
f. Accusing any individual of a crime or formally
censuring any individual.
g. Trade secrets or commercial or financial information
that is privileged or confidential.
h. Information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal
privacy.
i. Investigative records compiled for law enforcement
purposes.
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purposes.
j. Information related to any investigative reports
prepared by or on behalf of or for the use of the commission
or other committee charged with the responsibility of
investigation or determination of compliance issues pursuant
to this compact.
k. Matters specifically exempted from disclosure by
federal or member state law.
l. Other matters as adopted by rule by the commission.
(3) If a meeting, or portion of a meeting, is closed,
the presiding officer shall state that the meeting will be
closed and reference each relevant exempting provision, and
those references shall be recorded in the minutes.
(4) The commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views
expressed. All documents considered in connection with an
action shall be identified in the minutes. All minutes and
documents of a closed meeting shall remain under seal, subject
to release only by a majority vote of the commission or order
of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
(2) The commission may accept any and all appropriate
revenue sources as provided in subdivision (c)(13).
(3) The commission may levy and collect an annual
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(3) The commission may levy and collect an annual
assessment from each member state and impose fees on licensees
of member states to whom the commission grants a multistate
license to cover the cost of the operations and activities of
the commission and commission staff, which must be in a total
amount sufficient to cover the annual budget of the
commission as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment
amount for member states shall be allocated based upon a
formula that the commission shall adopt by rule.
(4) The commission shall not incur obligations of any
kind prior to securing the funds adequate to meet those
obligations; nor shall the commission pledge the credit of any
of the member states, except by and with the authority of the
member state.
(5) The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the commission shall be subject to the financial review and
accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the
commission shall be subject to an annual financial review by a
certified or licensed public accountant, and the report of the
financial review shall be included in and become part of the
annual report of the commission.
(h) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director,
employees, and representatives of the commission shall be
immune from suit and liability, both personally and in their
official capacities, for any claim for damage to or loss of
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official capacities, for any claim for damage to or loss of
property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or
omission that occurred, or that the individual against whom
the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties, or
responsibilities; provided, that nothing in this subdivision
shall be construed to protect any individual from suit or
liability for any damage, loss, injury, or liability caused by
the intentional, willful, or wanton misconduct of that
individual. The procurement of insurance of any type by the
commission shall not in any way compromise or limit the
immunity granted hereunder.
(2) The commission shall defend any member, officer,
executive director, employee, and representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment,
duties, or responsibilities, or as determined by the
commission that the individual against whom the claim is made
had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities;
provided, that nothing herein shall be construed to prohibit
that individual from retaining his or her own counsel at his
or her own expense; and provided further, that the actual or
alleged act, error, or omission did not result from that
individual's intentional, willful, or wanton misconduct.
(3) The commission shall indemnify and hold harmless
any member, officer, executive director, employee, and
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any member, officer, executive director, employee, and
representative of the commission for the amount of any
settlement or judgment obtained against that individual
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment,
duties, or responsibilities, or that the individual had a
reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities; provided,
that the actual or alleged act, error, or omission did not
result from the intentional, willful, or wanton misconduct of
that individual.
(4) Nothing herein shall be construed as a limitation
on the liability of any licensee for professional malpractice
or misconduct, which shall be governed solely by any other
applicable state law.
(5) Nothing in this compact shall be interpreted to
waive or otherwise abrogate a member state's state action
immunity or state action affirmative defense with respect to
antitrust claims under the Sherman Act, Clayton Act, or any
other state or federal antitrust or anticompetitive law or
rule.
(6) Nothing in this compact shall be construed to be a
waiver of sovereign immunity by the member states or by the
commission.
§34-30-110. Data System.
(a) The commission shall provide for the development,
maintenance, operation, and utilization of a coordinated data
system.
(b) The commission shall assign each applicant for a
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(b) The commission shall assign each applicant for a
multistate license a unique identifier, as determined by the
rules of the commission.
(c) Notwithstanding any other provision of state law to
the contrary, a member state shall submit a uniform data set
to the data system on all individuals to whom this compact is
applicable as required by the rules of the commission,
including all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license and information
related to that adverse action.
(4) Nonconfidential information related to alternative
program participation, the beginning and ending dates of
participation, and other information related to participation
not made confidential under the member state's law.
(5) Any denial of an application for licensing, and the
reason or reasons for the denial.
(6) The presence of current significant investigative
information.
(7) Other information that may facilitate the
administration of this compact or the protection of the
public, as determined by the rules of the commission.
(d) The records and information provided to a member
state pursuant to this compact or through the data system,
when certified by the commission or its agent, shall
constitute the authenticated business records of the
commission, and shall be entitled to any associated hearsay
exception in any relevant judicial, quasi-judicial, or
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exception in any relevant judicial, quasi-judicial, or
administrative proceeding in a member state.
(e) Current significant investigative information
pertaining to a licensee in any member state shall only be
available to other member states.
(f) It is the responsibility of the member states to
report any adverse action against a licensee and to monitor
the data system to determine whether any adverse action has
been taken against a licensee. Adverse action information
pertaining to a licensee in any member state shall be
available to any other member state.
(g) Member states contributing information to the data
system may designate information that may not be shared with
the public without the express permission of the contributing
member state.
(h) Any information submitted to the data system that
is subsequently expunged pursuant to federal law or the laws
of the member state contributing the information shall be
removed from the data system.
§34-30-111. Rulemaking.
(a) The commission shall adopt reasonable rules in
order to effectively and efficiently implement and administer
the purposes and provisions of this compact. A rule shall be
invalid and have no force or effect only if a court of
competent jurisdiction holds that the rule is invalid because
the commission exercised its rulemaking authority in a manner
that was beyond the scope and purposes of this compact, or the
powers granted under this compact, or based upon another
applicable standard of review.
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applicable standard of review.
(b) The rules of the commission shall have the force of
law in each member state; provided, however, that where the
rules of the commission conflict with the laws or rules of a
member state that establish the member state's laws, rules,
and applicable standards that govern the practice of social
work, as held by a court of competent jurisdiction, the rules
of the commission shall be ineffective in that state to the
extent of the conflict.
(c) The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this section and the
rules adopted under this section. Rules shall become binding
on the day following adoption or as of the date specified in
the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member
states rejects a rule or portion of a rule, by enactment of a
statute or resolution in the same manner used to adopt this
compact within four years after the date of adoption of the
rule, then the rule shall have no further force and effect in
any member state.
(e) Rules shall be adopted at a regular or special
meeting of the commission.
(f) Prior to adoption of a proposed rule, the
commission shall hold a public hearing and allow individuals
to provide oral and written comments, data, facts, opinions,
and arguments.
(g) Prior to adoption of a proposed rule by the
commission, and at least 30 days in advance of the meeting at
which the commission shall hold a public hearing on the
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which the commission shall hold a public hearing on the
proposed rule, the commission shall provide a notice of
proposed rulemaking:
(1) On the website of the commission or other publicly
accessible platform.
(2) To individuals who have requested notice of the
commission's notices of proposed rulemaking.
(3) In such other ways as the compact commission may
specify by rule.
(h) The notice of proposed rulemaking shall include all
of the following:
(1) The time, date, and location of the public hearing
at which the commission will hear public comments on the
proposed rule and, if different, the time, date, and location
of the meeting where the compact commission will consider and
vote on the proposed rule.
(2) If the hearing is held via telecommunication, video
conference, or other means of communication, the commission
shall include the mechanism for access to the hearing in the
notice of proposed rulemaking.
(3) The text of the proposed rule and the reason
supporting the rule.
(4) A request for comments on the proposed rule from
any interested individual.
(5) The manner in which interested individuals may
submit written comments.
(i) All hearings shall be recorded. A copy of the
recording and all written comments and documents received by
the commission in response to the proposed rule shall be
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the commission in response to the proposed rule shall be
available to the public.
(j) Nothing in this section shall be construed as
requiring a separate hearing on each proposed rule. Rules may
be grouped for the convenience of the commission at hearings
required by this section.
(k) The commission, by majority vote of all members,
shall take final action on the proposed rule based on the
rulemaking record and the full text of the rule.
(1) The commission may adopt changes to the proposed
rule provided the changes do not enlarge the original purpose
of the proposed rule.
(2) The commission shall provide an explanation of the
reasons for substantive changes made to the proposed rule, as
well as reasons for substantive changes not made that were
recommended by commenters.
(3) The commission shall determine a reasonable
effective date for the rule. Except for an emergency as
provided in subsection (l), the effective date of the rule
shall be no sooner than 30 days after issuing the notice that
the commission adopted or amended the rule.
(l) Upon determination that an emergency exists, the
compact commission may consider and adopt an emergency rule
with 24-hours' notice, with opportunity to comment; provided,
that the usual rulemaking procedures provided in this compact
and in this section shall be retroactively applied to the rule
as soon as reasonably possible, and in no event later than 90
days after the effective date of the rule. For the purposes of
this subsection, an emergency rule is one that must be adopted
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this subsection, an emergency rule is one that must be adopted
immediately in order to:
(1) Meet an imminent threat to public health, safety,
or welfare.
(2) Prevent a loss of commission or member state funds.
(3) Meet a deadline for the adoption of a rule that is
established by federal law or rule.
(4) Protect public health and safety.
(m) The commission or an authorized committee of the
commission may direct revision to a previously adopted rule
for purposes of correcting typographical errors, errors in
format, errors in consistency, or grammatical errors. Public
notice of any revision shall be posted on the website of the
commission. The revision shall be subject to challenge by any
individual for a period of 30 days after posting. The revision
shall be challenged only on grounds that the revision results
in a material change to a rule. A challenge shall be made in
writing and delivered to the commission prior to the end of
the notice period. If no challenge is made, the revision shall
take effect without further action. If the revision is
challenged, the revision may not take effect without the
approval of the commission.
(n) No member state's rulemaking requirements shall
apply under this compact.
§34-30-112. Oversight, Dispute Resolution, and
Enforcement.
(a) Oversight.
(1) The executive and judicial branches of state
government in each member state shall enforce this compact and
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government in each member state shall enforce this compact and
take all actions necessary and appropriate to implement this
compact.
(2) Except as otherwise provided in this compact, venue
is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court
of competent jurisdiction where the principal office of the
compact commission is located. The commission may waive venue
and jurisdictional defenses to the extent the commission
adopts or consents to participate in alternative dispute
resolution proceedings. Nothing herein shall affect or limit
the selection or propriety of venue in any action against a
licensee for professional malpractice, misconduct, or any
similar matter.
(3) The compact commission shall be entitled to receive
service of process in any proceeding regarding the enforcement
or interpretation of this compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to
provide the commission service of process shall render a
judgment or order void as to the commission, this compact, or
adopted rules.
(b) Default, technical assistance, and termination.
(1) If the commission determines that a member state
has defaulted in the performance of its obligations or
responsibilities under this compact or the adopted rules, the
commission shall provide written notice to the defaulting
member state. The notice of default shall describe the
default, the proposed means of curing the default, any other
action that the commission may take, and shall offer training
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action that the commission may take, and shall offer training
and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice
of default to the other member states.
(c) If a state in default fails to cure the default,
the defaulting state may be terminated from this compact upon
an affirmative vote of a majority of the delegates of the
member states, and all rights, privileges, and benefits
conferred on that state by this compact may be terminated on
the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of default.
(d) Termination of membership in this compact shall be
imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall
be given by the commission to the governor, the majority and
minority leaders of the defaulting state's legislature, the
defaulting state's licensing authority, and the licensing
authority of each member state.
(e) A state that has been terminated is responsible for
all assessments, obligations, and liabilities incurred through
the effective date of termination, including obligations that
extend beyond the effective date of termination.
(f) Upon the termination of a state's membership from
this compact, that state shall immediately provide notice to
all licensees within that state of the termination. The
terminated state shall continue to recognize all licenses
granted pursuant to this compact for a minimum of six months
after the date of the notice of termination.
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after the date of the notice of termination.
(g) The commission shall not bear any costs related to
a state that is found to be in default or that has been
terminated from this compact, unless agreed upon in writing
between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the
commission by petitioning the United States District Court for
the District of Columbia or the federal district where the
commission has its principal offices. The prevailing party
shall be awarded all costs of litigation, including reasonable
attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the commission
shall attempt to resolve disputes related to this compact that
arise among member states and between member and non-member
states.
(2) The commission shall adopt a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
(j) Enforcement.
(1) By majority vote as provided by rule, the
commission may initiate legal action against a member state in
default in the United States District Court for the District
of Columbia, or the federal district where the commission has
its principal offices, to enforce compliance with this compact
and its adopted rules. The relief sought may include both
injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be
awarded all costs of litigation, including reasonable attorney
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awarded all costs of litigation, including reasonable attorney
fees. The remedies shall not be the exclusive remedies of the
commission. The commission may pursue any other remedies
available under federal or the defaulting member state's law.
(2) A member state may initiate legal action against
the commission in the United States District Court for the
District of Columbia, or the federal district where the
commission has its principal offices, to enforce compliance
with this compact and its adopted rules. The relief sought may
include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall
be awarded all costs of the litigation, including reasonable
attorney fees.
(3) No party other than a member state shall enforce
this compact against the commission.
§34-30-113. Effective date, withdrawal, and amendment.
(a) The compact shall come into effect on the date on
which this compact statute is enacted into law in the seventh
member state.
(1) On or after the effective date of this compact, the
commission shall convene and review the enactment of each of
the first seven member states referred to as "charter member
states," to determine if the statute enacted by each charter
member state is materially different than the model compact
statute.
a. A charter member state whose enactment is found to
be materially different from this model compact statute shall
be entitled to the default process set forth in Section
34-30-112.
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34-30-112.
b. If any member state is later found to be in default,
or is terminated or withdraws from this compact, the
commission shall remain in existence and this compact shall
remain in effect even if the number of member states should be
less than seven.
(2) Member states enacting this compact subsequent to
the seven initial charter member states shall be subject to
the process set forth in Section 34-30-109(c)(21) to determine
if their enactments are materially different from the model
compact statute and whether they qualify for participation in
this compact.
(3) All actions taken for the benefit of the commission
or in furtherance of the purposes of the administration of
this compact prior to the effective date of this compact or
the commission coming into existence shall be considered to be
actions of the commission unless specifically repudiated by
the commission.
(4) Any state that joins this compact subsequent to the
commission's initial adoption of the rules and bylaws shall be
subject to the rules and bylaws as they exist on the date on
which this compact becomes law in that state. Any rule that
has been previously adopted by the commission shall have the
full force and effect of law on the day this compact becomes
law in that state.
(b) Any member state may withdraw from this compact by
enacting a statute to repeal this compact.
(1) A member state's withdrawal shall not take effect
until 180 days after enactment of the repealing statute.
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until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing
requirement of the withdrawing state's licensing authority to
comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of
withdrawal.
(3) Upon the enactment of a state withdrawing from this
compact, a state shall immediately provide notice of the
withdrawal to all licensees within that state. Notwithstanding
any subsequent statutory enactment to the contrary, the
withdrawing state shall continue to recognize all licenses
granted pursuant to this compact for a minimum of 180 days
after the date of the notice of withdrawal.
(c) Nothing contained in this compact shall be
construed to invalidate or prevent any licensing agreement or
other cooperative arrangement between a member state and a
non-member state that does not conflict with this compact.
(d) This compact may be amended by the member states.
No amendment to this compact shall become effective and
binding upon any member state until the amendment is enacted
into the laws of all member states.
§34-30-114. Construction and severability.
(a) This compact and the commission's rulemaking
authority shall be liberally construed so as to effectuate the
purposes, implementation, and administration of this compact.
Provisions of this compact expressly authorizing or requiring
the adoption of rules shall not be construed to limit the
commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable
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(b) The provisions of this compact shall be severable
and if any phrase, clause, sentence, or provision of this
compact is held by a court of competent jurisdiction to be
contrary to the constitution of any member state, a state
seeking participation in this compact, the United States, or
the applicability to any government, agency, individual, or
circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this
compact and the applicability to any other government, agency,
individual, or circumstance shall not be affected.
(c) Notwithstanding subsection (b), the commission may
deny a state's participation in this compact or, in accordance
with the requirements of Section 34-30-112(b), terminate a
member state's participation in this compact, if the
commission determines that a constitutional requirement of a
member state is a material departure from this compact.
Otherwise, if this compact shall be held to be contrary to the
constitution of any member state, this compact shall remain in
full force and effect as to the remaining member states and in
full force and effect as to the member state affected as to
all severable matters.
§34-30-115. Consistent effect and conflict with other
state laws.
(a) A licensee providing services in a remote state
under a multistate authorization to practice shall adhere to
the laws and rules, including laws, rules, and applicable
standards of the remote state where the client is located at
the time care is rendered.
(b) Nothing in this compact shall prevent or inhibit
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(b) Nothing in this compact shall prevent or inhibit
the enforcement of any other law of a member state that is not
inconsistent with this compact.
(c) Any laws, statutes, rules, or other legal
requirements in a member state in conflict with this compact
are superseded to the extent of the conflict.
(d) All permissible agreements between the commission
and the member states are binding in accordance with their
terms.
§34-30-116. Judicial Proceedings by Individuals.
Except as to judicial proceedings for the enforcement
of this compact among member states, individuals may pursue
judicial proceedings related to this compact in any Alabama
state or federal court that would otherwise have competent
jurisdiction.
Section 2. This act shall become effective on October
1, 2024.
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