Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1712 3
4
By: Representative Joey Carr 5
By: Senator J. Scott 6
7
For An Act To Be Entitled 8
AN ACT TO ESTABLISH THE SOCIAL WORK LICENSURE COMPACT 9
IN THIS STATE; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO ESTABLISH THE SOCIAL WORK LICENSURE 14
COMPACT IN THIS STATE. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code Title 17, Chapter 103, is amended to add an 19
additional subchapter to read as follows: 20
Subchapter 4 — Social Work Licensure Compact 21
22
17-103-401. Text of compact. 23
The Social Work Licensure Compact is enacted into law and entered into 24
by this state with all states legally joining therein and in the form 25
substantially as follows: 26
27
SOCIAL WORK LICENSURE COMPACT 28
29
SECTION 1: PURPOSE 30
The purpose of this Compact is to facilitate interstate practice of 31
Regulated Social Workers by improving public access to competent Social Work 32
Services. The Compact preserves the regulatory authority of States to protect 33
public health and safety through the current system of State licensure. 34
This Compact is designed to achieve the following objectives: 35
A. Increase public access to Social Work Services; 36 HB1712
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B. Reduce overly burdensome and duplicative requirements associated 1
with holding multiple licenses; 2
C. Enhance the Member States’ ability to protect the public’s health 3
and safety; 4
D. Encourage the cooperation of Member States in regulating multistate 5
practice; 6
E. Promote mobility and address workforce shortages by eliminating the 7
necessity for licenses in multiple States by providing for the mutual 8
recognition of other Member State licenses; 9
F. Support military families; 10
G. Facilitate the exchange of licensure and disciplinary information 11
among Member States; 12
H. Authorize all Member States to hold a Regulated Social Worker 13
accountable for abiding by a Member State’s laws, regulations, and applicable 14
professional standards in the Member State in which the client is located at 15
the time care is rendered; and 16
I. Allow for the use of telehealth to facilitate increased access to 17
regulated Social Work Services. 18
19
SECTION 2. DEFINITIONS 20
As used in this Compact, and except as otherwise provided, the 21
following definitions shall apply: 22
A. “Active Military Member” means any individual with full -time duty 23
status in the active armed forces of the United States including members of 24
the National Guard and Reserve. 25
B. “Adverse Action” means any administrative, civil, equitable or 26
criminal action permitted by a State’s laws which is imposed by a Licensing 27
Authority or other authority against a Regulated Social Worker, including 28
actions against an individual’s license or Multistate Authorization to 29
Practice such as revocation, suspension, probation, monitoring of the 30
Licensee, limitation on the Licensee’s practice, or any other Encumbrance on 31
licensure affecting a Regulated Social Worker’s authorization to practice, 32
including issuance of a cease and desist action. 33
C. “Alternative Program” means a non -disciplinary monitoring or 34
practice remediation process approved by a Licensing Authority to address 35
practitioners with an Impairment. 36 HB1712
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D. “Charter Member States” - Member States who have enacted 1
legislation to adopt this Compact where such legislation predates the 2
effective date of this Compact as described in Section 14. 3
E. “Compact Commission” or “Commission” means the government agency 4
whose membership consists of all States that have enacted this Compact, which 5
is known as the Social Work Licensure Compact Commission, as described in 6
Section 10, and which shall operate as an instrumentality of the Member 7
States. 8
F. “Current Significant Investigative Information” means: 9
1. Investigative information that a Licensing Authority, after a 10
preliminary inquiry that includes notification and an opportunity for the 11
Regulated Social Worker to respond has reason to believe is not groundless 12
and, if proved true, would indicate more than a minor infraction as may be 13
defined by the Commission; or 14
2. Investigative information that indicates that the Regulated 15
Social Worker represents an immediate threat to public health and safety, as 16
may be defined by the Commission, regardless of whether the Regulated Social 17
Worker has been notified and has had an opportunity to respond. 18
G. “Data System” means a repository of information about Licensees, 19
including, continuing education, examination, licensure, Current Significant 20
Investigative Information, Disqualifying Event, Multistate License(s) and 21
Adverse Action information or other information as required by the 22
Commission. 23
H. “Disqualifying Event” means any Adverse Action or incident which 24
results in an Encumbrance that disqualifies or makes the Licensee ineligible 25
to either obtain, retain or renew a Multistate License. 26
I. “Domicile” means the jurisdiction in which the Licensee resides and 27
intends to remain indefinitely. 28
J. “Encumbrance” means a revocation or suspension of, or any 29
limitation on, the full and unrestricted practice of Social Work licensed and 30
regulated by a Licensing Authority. 31
K. “Executive Committee” means a group of delegates elected or 32
appointed to act on behalf of, and within the powers granted to them by, the 33
compact and Commission. 34
L. “Home State” means the Member State that is the Licensee’s primary 35
Domicile. 36 HB1712
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M. “Impairment” means a condition(s) that may impair a practitioner’s 1
ability to engage in full and unrestricted practice as a Regulated Social 2
Worker without some type of intervention and may include alcohol and drug 3
dependence, mental health impairment, and neurological or physical 4
impairments. 5
N. “Licensee(s)” means an individual who currently holds a license 6
from a State to practice as a Regulated Social Worker. 7
O. “Licensing Authority” means the board or agency of a Member State, 8
or equivalent, that is responsible for the licensing and regulation of 9
Regulated Social Workers. 10
P. “Member State” means a state, commonwealth, district, or territory 11
of the United States of America that has enacted this Compact. 12
Q. “Multistate Authorization to Practice” means a legally authorized 13
privilege to practice, which is equivalent to a license, associated with a 14
Multistate License permitting the practice of Social Work in a Remote State. 15
R. “Multistate License” means a license to practice as a Regulated 16
Social Worker issued by a Home State Licensing Authority that authorizes the 17
Regulated Social Worker to practice in all Member States under Multistate 18
Authorization to Practice. 19
S. “Qualifying National Exam” means a national licensing examination 20
approved by the Commission. 21
T. “Regulated Social Worker” means any clinical, master’s or 22
bachelor’s Social Worker licensed by a Member State regardless of the title 23
used by that Member State. 24
U. “Remote State” means a Member State other than the Licensee’s Home 25
State. 26
V. “Rule(s)” or “Rule(s) of the Commission” means a regulation or 27
regulations duly promulgated by the Commission, as authorized by the Compact, 28
that has the force of law. 29
W. “Single State License” means a Social Work license issued by any 30
State that authorizes practice only within the issuing State and does not 31
include Multistate Authorization to Practice in any Member State. 32
X. “Social Work” or “Social Work Services” means the application of 33
social work theory, knowledge, methods, ethics, and the professional use of 34
self to restore or enhance social, psychosocial, or biopsychosocial 35
functioning of individuals, couples, families, groups, organizations, and 36 HB1712
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communities through the care and services provided by a Regulated Social 1
Worker as set forth in the Member State’s statutes and regulations in the 2
State where the services are being provided. 3
Y. “State” means any state, commonwealth, district, or territory of 4
the United States of America that regulates the practice of Social Work. 5
Z. “Unencumbered License” means a license that authorizes a Regulated 6
Social Worker to engage in the full and unrestricted practice of Social Work. 7
8
SECTION 3. STATE PARTICIPATION IN THE COMPACT 9
A. To be eligible to participate in the compact, a potential Member 10
State must currently meet all of the following criteria: 11
1. License and regulate the practice of Social Work at either 12
the clinical, master’s, or bachelor’s category. 13
2. Require applicants for licensure to graduate from a program 14
that is: 15
a. Operated by a college or university recognized by the 16
Licensing Authority; 17
b. Accredited, or in candidacy by an institution that 18
subsequently becomes accredited, by an accrediting agency recognized by 19
either: 20
i. the Council for Higher Education Accreditation, 21
or its successor; or 22
ii. the United States Department of Education; and 23
c. Corresponds to the licensure sought as outlined in 24
Section 4. 25
3. Require applicants for clinical licensure to complete a 26
period of supervised practice. 27
4. Have a mechanism in place for receiving, investigating, and 28
adjudicating complaints about Licensees. 29
B. To maintain membership in the Compact a Member State shall: 30
1. Require that applicants for a Multistate License pass a 31
Qualifying National Exam for the corresponding category of Multistate License 32
sought as outlined in Section 4. 33
2. Participate fully in the Commission’s Data System, including 34
using the Commission’s unique identifier as defined in Rules; 35
3. Notify the Commission, in compliance with the terms of the 36 HB1712
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Compact and Rules, of any Adverse Action or the availability of Current 1
Significant Investigative Information regarding a Licensee; 2
4. Implement procedures for considering the criminal history 3
records of applicants for a Multistate License. Such procedures shall include 4
the submission of fingerprints or other biometric -based information by 5
applicants for the purpose of obtaining an applicant’s criminal history 6
record information from the Federal Bureau of Investigation and the agency 7
responsible for retaining that State’s criminal records. 8
5. Comply with the Rules of the Commission; 9
6. Require an applicant to obtain or retain a license in the 10
Home State and meet the Home State’s qualifications for licensure or renewal 11
of licensure, as well as all other applicable Home State laws; 12
7. Authorize a Licensee holding a Multistate License in any 13
Member State to practice in accordance with the terms of the Compact and 14
Rules of the Commission; and 15
8. Designate a delegate to participate in the Commission 16
meetings. 17
C. A Member State meeting the requirements of Section 3.A. and 3.B. of 18
this Compact shall designate the categories of Social Work licensure that are 19
eligible for issuance of a Multistate License for applicants in such Member 20
State. To the extent that any Member State does not meet the requirements for 21
participation in the Compact at any particular category of Social Work 22
licensure, such Member State may choose, but is not obligated to, issue a 23
Multistate License to applicants that otherwise meet the requirements of 24
Section 4 for issuance of a Multistate License in such category or categories 25
of licensure. 26
D. The Home State may charge a fee for granting the Multistate 27
License. 28
29
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT 30
A. To be eligible for a Multistate License under the terms and 31
provisions of the Compact, an applicant, regardless of category must: 32
1. Hold or be eligible for an active, Unencumbered License in 33
the Home State; 34
2. Pay any applicable fees, including any State fee, for the 35
Multistate License; 36 HB1712
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3. Submit, in connection with an application for a Multistate 1
License, fingerprints or other biometric data for the purpose of obtaining 2
criminal history record information from the Federal Bureau of Investigation 3
and the agency responsible for retaining that State’s criminal records. 4
4. Notify the Home State of any Adverse Action, Encumbrance, or 5
restriction on any professional license taken by any Member State or non -6
Member State within 30 days from the date the action is taken. 7
5. Meet any continuing competence requirements established by 8
the Home State; 9
6. Abide by the laws, regulations, and applicable standards in 10
the Member State where the client is located at the time care is rendered. 11
B. An applicant for a clinical -category Multistate License must meet 12
all of the following requirements: 13
2. Fulfill a competency requirement, which shall be satisfied by 14
either: 15
a. Passage of a clinical -category Qualifying National 16
Exam; or 17
b. Licensure of the applicant in their Home State at the 18
clinical category, beginning prior to such time as a Qualifying National Exam 19
was required by the Home State and accompanied by a period of continuous 20
Social Work licensure thereafter, all of which may be further governed by the 21
Rules of the Commission; or 22
c. The substantial equivalency of the foregoing competency 23
requirements which the Commission may determine by Rule. 24
3. Attain at least a master’s degree in Social Work from a 25
program that is: 26
a. Operated by a college or university recognized by the 27
Licensing Authority; and 28
b. Accredited, or in candidacy that subsequently becomes 29
accredited, by an accrediting agency recognized by either: 30
i. the Council for Higher Education Accreditation or 31
its successor; or 32
ii. the United States Department of Education. 33
4. Fulfill a practice requirement, which shall be satisfied by 34
demonstrating completion of either: 35
a. A period of postgraduate supervised clinical practice 36 HB1712
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equal to a minimum of three thousand hours; or 1
b. A minimum of two years of full -time postgraduate 2
supervised clinical practice; or 3
c. The substantial equivalency of the foregoing practice 4
requirements which the Commission may determine by Rule. 5
C. An applicant for a master’s -category Multistate License must meet 6
all of the following requirements: 7
1. Fulfill a competency requirement, which shall be satisfied by 8
either: 9
a. Passage of a master's -category Qualifying National 10
Exam; 11
b. Licensure of the applicant in their Home State at the 12
master’s category, beginning prior to such time as a Qualifying National Exam 13
was required by the Home State at the master’s category and accompanied by a 14
continuous period of Social Work licensure thereafter, all of which may be 15
further governed by the Rules of the Commission; or 16
c. The substantial equivalency of the foregoing competency 17
requirements which the Commission may determine by 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 the 21
Licensing Authority; and 22
b. Accredited, or in candidacy that subsequently becomes 23
accredited, by an accrediting agency recognized by either: 24
i. the Council for Higher Education Accreditation or 25
its successor; or 26
ii. the United States Department of Education. 27
D. An applicant for a bachelor’s -category Multistate License must meet 28
all of the following requirements: 29
1. Fulfill a competency requirement, which shall be satisfied by 30
either: 31
a. Passage of a bachelor’s -category Qualifying National 32
Exam; 33
b. Licensure of the applicant in their Home State at the 34
bachelor’s category, beginning prior to such time as a Qualifying National 35
Exam was required by the Home State and accompanied by a period of continuous 36 HB1712
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Social Work licensure thereafter, all of which may be further governed by the 1
Rules of the Commission; or 2
c. The substantial equivalency of the foregoing competency 3
requirements which the Commission may determine by Rule. 4
2. Attain at least a bachelor’s degree in Social Work from a 5
program that is: 6
a. Operated by a college or university recognized by the 7
Licensing Authority; and 8
b. Accredited, or in candidacy that subsequently becomes 9
accredited, by an accrediting agency recognized by either: 10
i. the Council for Higher Education Accreditation or 11
its successor; or 12
ii. the United States Department of Education. 13
E. The Multistate License for a Regulated Social Worker is subject to 14
the renewal requirements of the Home State. The Regulated Social Worker must 15
maintain compliance with the requirements of Section 4.A. to be eligible to 16
renew a Multistate License. 17
F. The Regulated Social Worker’s services in a Remote State are 18
subject to that Member State’s regulatory authority. A Remote State may, in 19
accordance with due process and that Member State’s laws, remove a Regulated 20
Social Worker’s Multistate Authorization to Practice in the Remote State for 21
a specific period of time, impose fines, and take any other necessary actions 22
to protect the health and safety of its citizens. 23
G. If a Multistate License is encumbered, the Regulated Social 24
Worker’s Multistate Authorization to Practice shall be deactivated in all 25
Remote States until the Multistate License is no longer encumbered. 26
H. If a Multistate Authorization to Practice is encumbered in a Remote 27
State, the regulated Social Worker’s Multistate Authorization to Practice may 28
be deactivated in that State until the Multistate Authorization to Practice 29
is no longer encumbered. 30
31
SECTION 5: ISSUANCE OF A MULTISTATE LICENSE 32
A. Upon receipt of an application for Multistate License, the Home 33
State Licensing Authority shall determine the applicant’s eligibility for a 34
Multistate License in accordance with Section 4 of this Compact. 35
B. If such applicant is eligible pursuant to Section 4 of this 36 HB1712
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Compact, the Home State Licensing Authority shall issue a Multistate License 1
that authorizes the applicant or Regulated Social Worker to practice in all 2
Member States under a Multistate Authorization to Practice. 3
C. Upon issuance of a Multistate License, the Home State Licensing 4
Authority shall designate whether the Regulated Social Worker holds a 5
Multistate License in the Bachelors, Masters, or Clinical category of Social 6
Work. 7
D. A Multistate License issued by a Home State to a resident in that 8
State shall be recognized by all Compact Member States as authorizing Social 9
Work Practice under a Multistate Authorization to Practice corresponding to 10
each category of licensure regulated in each Member State. 11
12
SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE 13
LICENSING AUTHORITIES 14
A. Nothing in this Compact, nor any Rule of the Commission, shall be 15
construed to limit, restrict, or in any way reduce the ability of a Member 16
State to enact and enforce laws, regulations, or other rules related to the 17
practice of Social Work in that State, where those laws, regulations, or 18
other rules are not inconsistent with the provisions of this Compact. 19
B. Nothing in this Compact shall affect the requirements established 20
by a Member State for the issuance of a Single State License. 21
C. Nothing in this Compact, nor any Rule of the Commission, shall be 22
construed to limit, restrict, or in any way reduce the ability of a Member 23
State to take Adverse Action against a Licensee’s Single State License to 24
practice Social Work in that State. 25
D. Nothing in this Compact, nor any Rule of the Commission, shall be 26
construed to limit, restrict, or in any way reduce the ability of a Remote 27
State to take Adverse Action against a Licensee’s Multistate Authorization to 28
Practice in that State. 29
E. Nothing in this Compact, nor any Rule of the Commission, shall be 30
construed to limit, restrict, or in any way reduce the ability of a 31
Licensee’s Home State to take Adverse Action against a Licensee’s Multistate 32
License based upon information provided by a Remote State. 33
34
SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE 35
A. A Licensee can hold a Multistate License, issued by their Home 36 HB1712
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State, in only one Member State at any given time. 1
B. If a Licensee changes their Home State by moving between two Member 2
States: 3
1. The Licensee shall immediately apply for the reissuance of 4
their Multistate License in their new Home State. The Licensee shall pay all 5
applicable fees and notify the prior Home State in accordance with the Rules 6
of the Commission. 7
2. Upon receipt of an application to reissue a Multistate 8
License, the new Home State shall verify that the Multistate License is 9
active, unencumbered and eligible for reissuance under the terms of the 10
Compact and the Rules of the Commission. The Multistate License issued by the 11
prior Home State will be deactivated and all Member States notified in 12
accordance with the applicable Rules adopted by the Commission. 13
3. Prior to the reissuance of the Multistate License, the new 14
Home State shall conduct procedures for considering the criminal history 15
records of the Licensee. Such procedures shall include the submission of 16
fingerprints or other biometric -based information by applicants for the 17
purpose of obtaining an applicant’s criminal history record information from 18
the Federal Bureau of Investigation and the agency responsible for retaining 19
that State’s criminal records. 20
4. If required for initial licensure, the new Home State may 21
require completion of jurisprudence requirements in the new Home State. 22
5. Notwithstanding any other provision of this Compact, if a 23
Licensee does not meet the requirements set forth in this Compact for the 24
reissuance of a Multistate License by the new Home State, then the Licensee 25
shall be subject to the new Home State requirements for the issuance of a 26
Single State License in that State. 27
C. If a Licensee changes their primary State of residence by moving 28
from a Member State to a non -Member State, or from a non -Member State to a 29
Member State, then the Licensee shall be subject to the State requirements 30
for the issuance of a Single State License in the new Home State. 31
D. Nothing in this Compact shall interfere with a Licensee’s ability 32
to hold a Single State License in multiple States; however, for the purposes 33
of this Compact, a Licensee shall have only one Home State, and only one 34
Multistate License. 35
E. Nothing in this Compact shall interfere with the requirements 36 HB1712
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established by a Member State for the issuance of a Single State License. 1
2
SECTION 8. MILITARY FAMILIES 3
An Active Military Member or their spouse shall designate a Home State 4
where the individual has a Multistate License. The individual may retain 5
their Home State designation during the period the service member is on 6
active duty. 7
8
SECTION 9. ADVERSE ACTIONS 9
A. In addition to the other powers conferred by State law, a Remote 10
State shall have the authority, in accordance with existing State due process 11
law, to: 12
1. Take Adverse Action against a Regulated Social Worker’s 13
Multistate Authorization to Practice only within that Member State, and issue 14
subpoenas for both hearings and investigations that require the attendance 15
and testimony of witnesses as well as the production of evidence. Subpoenas 16
issued by a Licensing Authority in a Member State for the attendance and 17
testimony of witnesses or the production of evidence from another Member 18
State shall be enforced in the latter State by any court of competent 19
jurisdiction, according to the practice and procedure of that court 20
applicable to subpoenas issued in proceedings pending before it. The issuing 21
Licensing Authority shall pay any witness fees, travel expenses, mileage, and 22
other fees required by the service statutes of the State in which the 23
witnesses or evidence are located. 24
2. Only the Home State shall have the power to take Adverse 25
Action against a Regulated Social Worker’s Multistate License. 26
B. For purposes of taking Adverse Action, the Home State shall give 27
the same priority and effect to reported conduct received from a Member State 28
as it would if the conduct had occurred within the Home State. In so doing, 29
the Home State shall apply its own State laws to determine appropriate 30
action. 31
C. The Home State shall complete any pending investigations of a 32
Regulated Social Worker who changes their Home State during the course of the 33
investigations. The Home State shall also have the authority to take 34
appropriate action(s) and shall promptly report the conclusions of the 35
investigations to the administrator of the Data System. The administrator of 36 HB1712
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the Data System shall promptly notify the new Home State of any Adverse 1
Actions. 2
D. A Member State, if otherwise permitted by State law, may recover 3
from the affected Regulated Social Worker the costs of investigations and 4
dispositions of cases resulting from any Adverse Action taken against that 5
Regulated Social Worker. 6
E. A Member State may take Adverse Action based on the factual 7
findings of another Member State, provided that the Member State follows its 8
own procedures for taking the Adverse Action. 9
F. Joint Investigations: 10
1. In addition to the authority granted to a Member State by its 11
respective Social Work practice act or other applicable State law, any Member 12
State may participate with other Member States in joint investigations of 13
Licensees. 14
2. Member States shall share any investigative, litigation, or 15
compliance materials in furtherance of any joint or individual investigation 16
initiated under the Compact. 17
G. If Adverse Action is taken by the Home State against the Multistate 18
License of a Regulated Social Worker, the Regulated Social Worker’s 19
Multistate Authorization to Practice in all other Member States shall be 20
deactivated until all Encumbrances have been removed from the Multistate 21
License. All Home State disciplinary orders that impose Adverse Action 22
against the license of a Regulated Social Worker shall include a statement 23
that the Regulated Social Worker’s Multistate Authorization to Practice is 24
deactivated in all Member States until all conditions of the decision, order 25
or agreement are satisfied. 26
H. If a Member State takes Adverse Action, it shall promptly notify 27
the administrator of the Data System. The administrator of the Data System 28
shall promptly notify the Home State and all other Member State’s of any 29
Adverse Actions by Remote States. 30
I. Nothing in this Compact shall override a Member State’s decision 31
that participation in an Alternative Program may be used in lieu of Adverse 32
Action. 33
J. Nothing in this Compact shall authorize a Member State to demand 34
the issuance of subpoenas for attendance and testimony of witnesses or the 35
production of evidence from another Member State for lawful actions within 36 HB1712
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that Member State. 1
K. Nothing in this Compact shall authorize a Member State to impose 2
discipline against a Regulated Social Worker who holds a Multistate 3
Authorization to Practice for lawful actions within another Member State. 4
5
SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION 6
A. The Compact Member States hereby create and establish a joint 7
government agency whose membership consists of all Member States that have 8
enacted the compact known as the Social Work Licensure Compact Commission. 9
The Commission is an instrumentality of the Compact States acting jointly and 10
not an instrumentality of any one State. The Commission shall come into 11
existence on or after the effective date of the Compact as set forth in 12
Section 14. 13
B. Membership, Voting, and Meetings 14
1. Each Member State shall have and be limited to one (1) 15
delegate selected by that Member State’s State Licensing Authority. 16
2. The delegate shall be either: 17
a. A current member of the State Licensing Authority at 18
the time of appointment, who is a Regulated Social Worker or public member of 19
the State Licensing Authority; or 20
b. An administrator of the State Licensing Authority or 21
their designee. 22
3. The Commission shall by Rule or bylaw establish a term of 23
office for delegates and may by Rule or bylaw establish term limits. 24
4. The Commission may recommend removal or suspension of any 25
delegate from office. 26
5. A Member State’s State Licensing Authority shall fill any 27
vacancy of its delegate occurring on the Commission within 60 days of the 28
vacancy. 29
6. Each delegate shall be entitled to one vote on all matters 30
before the Commission requiring a vote by Commission delegates. 31
7. A delegate shall vote in person or by such other means as 32
provided in the bylaws. The bylaws may provide for delegates to meet by 33
telecommunication, videoconference, or other means of communication. 34
8. The Commission shall meet at least once during each calendar 35
year. Additional meetings may be held as set forth in the bylaws. The 36 HB1712
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Commission may meet by telecommunication, video conference or other similar 1
electronic means. 2
C. The Commission shall have the following powers: 3
1. Establish the fiscal year of the Commission; 4
2. Establish code of conduct and conflict of interest policies; 5
3. Establish and amend Rules and bylaws; 6
4. Maintain its financial records in accordance with the bylaws; 7
5. Meet and take such actions as are consistent with the 8
provisions of this Compact, the Commission’s Rules, and the bylaws; 9
6. Initiate and conclude legal proceedings or actions in the 10
name of the Commission, provided that the standing of any State Licensing 11
Board to sue or be sued under applicable law shall not be affected; 12
7. Maintain and certify records and information provided to a 13
Member State as the authenticated business records of the Commission, and 14
designate an agent to do so on the Commission's behalf; 15
8. Purchase and maintain insurance and bonds; 16
9. Borrow, accept, or contract for services of personnel, 17
including, but not limited to, employees of a Member State; 18
10. Conduct an annual financial review; 19
11. Hire employees, elect or appoint officers, fix compensation, 20
define duties, grant such individuals appropriate authority to carry out the 21
purposes of the Compact, and establish the Commission’s personnel policies 22
and programs relating to conflicts of interest, qualifications of personnel, 23
and other related personnel matters; 24
12. Assess and collect fees; 25
13. Accept any and all appropriate gifts, donations, grants of 26
money, other sources of revenue, equipment, supplies, materials, and 27
services, and receive, utilize, and dispose of the same; provided that at all 28
times the Commission shall avoid any appearance of impropriety or conflict of 29
interest; 30
14. Lease, purchase, retain, own, hold, improve, or use any 31
property, real, personal, or mixed, or any undivided interest therein; 32
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 33
otherwise dispose of any property real, personal, or mixed; 34
16. Establish a budget and make expenditures; 35
17. Borrow money; 36 HB1712
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18. Appoint committees, including standing committees, composed 1
of members, State regulators, State legislators or their representatives, and 2
consumer representatives, and such other interested persons as may be 3
designated in this Compact and the bylaws; 4
19. Provide and receive information from, and cooperate with, 5
law enforcement agencies; 6
20. Establish and elect an Executive Committee, including a 7
chair and a vice chair; 8
21. Determine whether a State’s adopted language is materially 9
different from the model compact language such that the State would not 10
qualify for participation in the Compact; and 11
22. Perform such other functions as may be necessary or 12
appropriate to achieve the purposes of this Compact. 13
D. The Executive Committee 14
1. The Executive Committee shall have the power to act on behalf 15
of the Commission according to the terms of this Compact. The powers, duties, 16
and responsibilities of the Executive Committee shall include: 17
a. Oversee the day-to-day activities of the administration 18
of the compact including enforcement and compliance with the provisions of 19
the compact, its Rules and bylaws, and other such duties as deemed necessary; 20
b. Recommend to the Commission changes to the Rules or 21
bylaws, changes to this Compact legislation, fees charged to Compact Member 22
States, fees charged to Licensees, and other fees; 23
c. Ensure Compact administration services are 24
appropriately provided, including by contract; 25
d. Prepare and recommend the budget; 26
e. Maintain financial records on behalf of the Commission; 27
f. Monitor Compact compliance of Member States and provide 28
compliance reports to the Commission; 29
g. Establish additional committees as necessary; 30
h. Exercise the powers and duties of the Commission during 31
the interim between Commission meetings, except for adopting or amending 32
Rules, adopting or amending bylaws, and exercising any other powers and 33
duties expressly reserved to the Commission by Rule or bylaw; and 34
i. Other duties as provided in the Rules or bylaws of the 35
Commission. 36 HB1712
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2. The Executive Committee shall be composed of up to eleven 1
(11) members: 2
a. The chair and vice chair of the Commission shall be 3
voting members of the Executive Committee; and 4
b. The Commission shall elect five voting members from the 5
current membership of the Commission. 6
c. Up to four (4) ex -officio, nonvoting members from four 7
(4) recognized national Social Work organizations. 8
d. The ex-officio members will be selected by their 9
respective organizations. 10
3. The Commission may remove any member of the Executive 11
Committee as provided in the Commission’s bylaws. 12
4. The Executive Committee shall meet at least annually. 13
a. Executive Committee meetings shall be open to the 14
public, except that the Executive Committee may meet in a closed, non -public 15
meeting as provided in subsection F.2. below. 16
b. The Executive Committee shall give seven (7) days’ 17
notice of its meetings, posted on its website and as determined to provide 18
notice to persons with an interest in the business of the Commission. 19
c. The Executive Committee may hold a special meeting in 20
accordance with subsection F.1.b. below. 21
E. The Commission shall adopt and provide to the Member States an 22
annual report. 23
F. Meetings of the Commission 24
1. All meetings shall be open to the public, except that the 25
Commission may meet in a closed, non -public meeting as provided in subsection 26
F.2. below. 27
a. Public notice for all meetings of the full Commission 28
of meetings shall be given in the same manner as required under the 29
Rulemaking provisions in Section 12, except that the Commission may hold a 30
special meeting as provided in subsection F.1.b. below. 31
b. The Commission may hold a special meeting when it must 32
meet to conduct emergency business by giving 48 hours’ notice to all 33
commissioners, on the Commission’s website, and other means as provided in 34
the Commission’s Rules. The Commission’s legal counsel shall certify that the 35
Commission’s need to meet qualifies as an emergency. 36 HB1712
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2. The Commission or the Executive Committee or other committees 1
of the Commission may convene in a closed, non -public meeting for the 2
Commission or Executive Committee or other committees of the Commission to 3
receive legal advice or to discuss: 4
a. Non-compliance of a Member State with its obligations 5
under the Compact; 6
b. The employment, compensation, discipline or other 7
matters, practices or procedures related to specific employees; 8
c. Current or threatened discipline of a Licensee by the 9
Commission or by a Member State’s Licensing Authority; 10
d. Current, threatened, or reasonably anticipated 11
litigation; 12
e. Negotiation of contracts for the purchase, lease, or 13
sale of goods, services, or real estate; 14
f. Accusing any person of a crime or formally censuring 15
any person; 16
g. Trade secrets or commercial or financial information 17
that is privileged or confidential; 18
h. Information of a personal nature where disclosure would 19
constitute a clearly unwarranted invasion of personal privacy; 20
i. Investigative records compiled for law enforcement 21
purposes; 22
j. Information related to any investigative reports 23
prepared by or on behalf of or for use of the Commission or other committee 24
charged with responsibility of investigation or determination of compliance 25
issues pursuant to the Compact; 26
k. Matters specifically exempted from disclosure by 27
federal or Member State law; or 28
l. Other matters as promulgated by the Commission by Rule. 29
3. If a meeting, or portion of a meeting, is closed, the 30
presiding officer shall state that the meeting will be closed and reference 31
each relevant exempting provision, and such reference shall be recorded in 32
the minutes. 33
4. The Commission shall keep minutes that fully and clearly 34
describe all matters discussed in a meeting and shall provide a full and 35
accurate summary of actions taken, and the reasons therefore, including a 36 HB1712
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description of the views expressed. All documents considered in connection 1
with an action shall be identified in such minutes. All minutes and documents 2
of a closed meeting shall remain under seal, subject to release only by a 3
majority vote of the Commission or order of a court of competent 4
jurisdiction. 5
G. Financing of the Commission 6
1. The Commission shall pay, or provide for the payment of, the 7
reasonable expenses of its establishment, organization, and ongoing 8
activities. 9
2. The Commission may accept any and all appropriate revenue 10
sources as provided in subsection C.13. 11
3. The Commission may levy on and collect an annual assessment 12
from each Member State and impose fees on Licensees of Member States to whom 13
it grants a Multistate License to cover the cost of the operations and 14
activities of the Commission and its staff, which must be in a total amount 15
sufficient to cover its annual budget as approved each year for which revenue 16
is not provided by other sources. The aggregate annual assessment amount for 17
Member States shall be allocated based upon a formula that the Commission 18
shall promulgate by Rule. 19
4. The Commission shall not incur obligations of any kind prior 20
to securing the funds adequate to meet the same; nor shall the Commission 21
pledge the credit of any of the Member States, except by and with the 22
authority of the Member State. 23
5. The Commission shall keep accurate accounts of all receipts 24
and disbursements. The receipts and disbursements of the Commission shall be 25
subject to the financial review and accounting procedures established under 26
its bylaws. However, all receipts and disbursements of funds handled by the 27
Commission shall be subject to an annual financial review by a certified or 28
licensed public accountant, and the report of the financial review shall be 29
included in and become part of the annual report of the Commission. 30
H. Qualified Immunity, Defense, and Indemnification 31
1. The members, officers, executive director, employees and 32
representatives of the Commission shall be immune from suit and liability, 33
both personally and in their official capacity, for any claim for damage to 34
or loss of property or personal injury or other civil liability caused by or 35
arising out of any actual or alleged act, error, or omission that occurred, 36 HB1712
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or that the person against whom the claim is made had a reasonable basis for 1
believing occurred within the scope of Commission employment, duties or 2
responsibilities; provided that nothing in this paragraph shall be construed 3
to protect any such person from suit or liability for any damage, loss, 4
injury, or liability caused by the intentional or willful or wanton 5
misconduct of that person. The procurement of insurance of any type by the 6
Commission shall not in any way compromise or limit the immunity granted 7
hereunder. 8
2. The Commission shall defend any member, officer, executive 9
director, employee, and representative of the Commission in any civil action 10
seeking to impose liability arising out of any actual or alleged act, error, 11
or omission that occurred within the scope of Commission employment, duties, 12
or responsibilities, or as determined by the Commission that the person 13
against whom the claim is made had a reasonable basis for believing occurred 14
within the scope of Commission employment, duties, or responsibilities; 15
provided that nothing herein shall be construed to prohibit that person from 16
retaining their own counsel at their own expense; and provided further, that 17
the actual or alleged act, error, or omission did not result from that 18
person’s intentional or willful or wanton misconduct. 19
3. The Commission shall indemnify and hold harmless any member, 20
officer, executive director, employee, and representative of the Commission 21
for the amount of any settlement or judgment obtained against that person 22
arising out of any actual or alleged act, error, or omission that occurred 23
within the scope of Commission employment, duties, or responsibilities, or 24
that such person had a reasonable basis for believing occurred within the 25
scope of Commission employment, duties, or responsibilities, provided that 26
the actual or alleged act, error, or omission did not result from the 27
intentional or willful or wanton misconduct of that person. 28
4. Nothing herein shall be construed as a limitation on the 29
liability of any Licensee for professional malpractice or misconduct, which 30
shall be governed solely by any other applicable State laws. 31
5. Nothing in this Compact shall be interpreted to waive or 32
otherwise abrogate a Member State’s state action immunity or state action 33
affirmative defense with respect to antitrust claims under the Sherman Act, 34
Clayton Act, or any other State or federal antitrust or anticompetitive law 35
or regulation. 36 HB1712
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6. Nothing in this Compact shall be construed to be a waiver of 1
sovereign immunity by the Member States or by the Commission. 2
3
SECTION 11 . DATA SYSTEM 4
A. The Commission shall provide for the development, maintenance, 5
operation, and utilization of a coordinated Data System. 6
B. The Commission shall assign each applicant for a Multistate License 7
a unique identifier, as determined by the Rules of the Commission. 8
C. Notwithstanding any other provision of State law to the contrary, a 9
Member State shall submit a uniform data set to the Data System on all 10
individuals to whom this Compact is applicable as required by the Rules of 11
the Commission, including: 12
1. Identifying information; 13
2. Licensure data; 14
3. Adverse Actions against a license and information related 15
thereto; 16
4. Non-confidential information related to Alternative Program 17
participation, the beginning and ending dates of such participation, and 18
other information related to such participation not made confidential under 19
Member State law; 20
5. Any denial of application for licensure, and the reason(s) 21
for such denial; 22
6. The presence of Current Significant Investigative 23
Information; and 24
7. Other information that may facilitate the administration of 25
this Compact or the protection of the public, as determined by the Rules of 26
the Commission. 27
D. The records and information provided to a Member State pursuant to 28
this Compact or through the Data System, when certified by the Commission or 29
an agent thereof, shall constitute the authenticated business records of the 30
Commission, and shall be entitled to any associated hearsay exception in any 31
relevant judicial, quasi -judicial or administrative proceedings in a Member 32
State. 33
E. Current Significant Investigative Information pertaining to a 34
Licensee in any Member State will only be available to other Member States. 35
1. It is the responsibility of the Member States to report any 36 HB1712
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Adverse Action against a Licensee and to monitor the database to determine 1
whether Adverse Action has been taken against a Licensee. Adverse Action 2
information pertaining to a Licensee in any Member State will be available to 3
any other Member State. 4
F. Member States contributing information to the Data System may 5
designate information that may not be shared with the public without the 6
express permission of the contributing State. 7
G. Any information submitted to the Data System that is subsequently 8
expunged pursuant to federal law or the laws of the Member State contributing 9
the information shall be removed from the Data System. 10
11
SECTION 12. RULEMAKING 12
A. The Commission shall promulgate reasonable Rules in order to 13
effectively and efficiently implement and administer the purposes and 14
provisions of the Compact. A Rule shall be invalid and have no force or 15
effect only if a court of competent jurisdiction holds that the Rule is 16
invalid because the Commission exercised its rulemaking authority in a manner 17
that is beyond the scope and purposes of the Compact, or the powers granted 18
hereunder, or based upon another applicable standard of review. 19
B. The Rules of the Commission shall have the force of law in each 20
Member State, provided however that where the Rules of the Commission 21
conflict with the laws of the Member State that establish the Member State’s 22
laws, regulations, and applicable standards that govern the practice of 23
Social Work as held by a court of competent jurisdiction, the Rules of the 24
Commission shall be ineffective in that State to the extent of the conflict. 25
C. The Commission shall exercise its Rulemaking powers pursuant to the 26
criteria set forth in this Section and the Rules adopted thereunder. Rules 27
shall become binding on the day following adoption or the date specified in 28
the rule or amendment, whichever is later. 29
D. If a majority of the legislatures of the Member States rejects a 30
Rule or portion of a Rule, by enactment of a statute or resolution in the 31
same manner used to adopt the Compact within four (4) years of the date of 32
adoption of the Rule, then such Rule shall have no further force and effect 33
in any Member State. 34
E. Rules shall be adopted at a regular or special meeting of the 35
Commission. 36 HB1712
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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, 2
facts, 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 5
hold a public hearing on the proposed Rule, the Commission shall provide a 6
Notice of Proposed Rulemaking: 7
1. On the website of the Commission or other publicly accessible 8
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 specify. 12
H. The Notice of Proposed Rulemaking shall include: 13
1. The time, date, and location of the public hearing at which 14
the Commission will hear public comments on the proposed Rule and, if 15
different, the time, date, and location of the meeting where the Commission 16
will consider and vote on the proposed Rule; 17
2. If the hearing is held via telecommunication, video 18
conference, or other electronic means, the Commission shall include the 19
mechanism for access to the hearing in the Notice of Proposed Rulemaking; 20
3. The text of the proposed Rule and the reason therefor; 21
4. A request for comments on the proposed Rule from any 22
interested person; and 23
5. The manner in which interested persons may submit written 24
comments. 25
I. All hearings will be recorded. A copy of the recording and all 26
written comments and documents received by the Commission in response to the 27
proposed Rule shall be available to the public. 28
J. Nothing in this section shall be construed as requiring a separate 29
hearing on each Rule. Rules may be grouped for the convenience of the 30
Commission at hearings required by this section. 31
K. The Commission shall, by majority vote of all members, take final 32
action on the proposed Rule based on the Rulemaking record and the full text 33
of the Rule. 34
1. The Commission may adopt changes to the proposed Rule 35
provided the changes do not enlarge the original purpose of the proposed 36 HB1712
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Rule. 1
2. The Commission shall provide an explanation of the reasons 2
for substantive changes made to the proposed Rule as well as reasons for 3
substantive changes not made that were recommended by commenters. 4
3. The Commission shall determine a reasonable effective date 5
for the Rule. Except for an emergency as provided in Section 12.L., the 6
effective date of the rule shall be no sooner than 30 days after issuing the 7
notice that it adopted or amended the Rule. 8
L. Upon determination that an emergency exists, the Commission may 9
consider and adopt an emergency Rule with 48 hours’ notice, with opportunity 10
to comment, provided that the usual Rulemaking procedures provided in the 11
Compact and in this section shall be retroactively applied to the Rule as 12
soon as reasonably possible, in no event later than ninety (90) days after 13
the effective date of the Rule. For the purposes of this provision, an 14
emergency Rule is one that must be adopted immediately in order to: 15
1. Meet an imminent threat to public health, safety, or welfare; 16
2. Prevent a loss of Commission or Member State funds; 17
3. Meet a deadline for the promulgation of a Rule that is 18
established by federal law or rule; or 19
4. Protect public health and safety. 20
M. The Commission or an authorized committee of the Commission may 21
direct revisions to a previously adopted Rule for purposes of correcting 22
typographical errors, errors in format, errors in consistency, or grammatical 23
errors. Public notice of any revisions shall be posted on the website of the 24
Commission. The revision shall be subject to challenge by any person for a 25
period of thirty (30) days after posting. The revision may be challenged only 26
on grounds that the revision results in a material change to a Rule. A 27
challenge shall be made in writing and delivered to the Commission prior to 28
the end of the notice period. If no challenge is made, the revision will take 29
effect without further action. If the revision is challenged, the revision 30
may not take effect without the approval of the Commission. 31
N. No Member State’s rulemaking requirements shall apply under this 32
Compact. 33
34
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 35
A. Oversight 36 HB1712
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1. The executive and judicial branches of State government in 1
each Member State shall enforce this Compact and take all actions necessary 2
and appropriate to implement the Compact. 3
2. Except as otherwise provided in this Compact, venue is proper 4
and judicial proceedings by or against the Commission shall be brought solely 5
and exclusively in a court of competent jurisdiction where the principal 6
office of the Commission is located. The Commission may waive venue and 7
jurisdictional defenses to the extent it adopts or consents to participate in 8
alternative dispute resolution proceedings. Nothing herein shall affect or 9
limit the selection or propriety of venue in any action against a Licensee 10
for professional malpractice, misconduct or any such similar matter. 11
3. The Commission shall be entitled to receive service of 12
process in any proceeding regarding the enforcement or interpretation of the 13
Compact and shall have standing to intervene in such a proceeding for all 14
purposes. Failure to provide the Commission service of process shall render a 15
judgment or order void as to the Commission, this Compact, or promulgated 16
Rules. 17
B. Default, Technical Assistance, and Termination 18
1. If the Commission determines that a Member State has 19
defaulted in the performance of its obligations or responsibilities under 20
this Compact or the promulgated Rules, the Commission shall provide written 21
notice to the defaulting State. The notice of default shall describe the 22
default, the proposed means of curing the default, and any other action that 23
the Commission may take, and shall offer training and specific technical 24
assistance regarding the default. 25
2. The Commission shall provide a copy of the notice of default 26
to the other Member States. 27
C. If a State in default fails to cure the default, the defaulting 28
State may be terminated from the Compact upon an affirmative vote of a 29
majority of the delegates of the Member States, and all rights, privileges 30
and benefits conferred on that State by this Compact may be terminated on the 31
effective date of termination. A cure of the default does not relieve the 32
offending State of obligations or liabilities incurred during the period of 33
default. 34
D. Termination of membership in the Compact shall be imposed only 35
after all other means of securing compliance have been exhausted. Notice of 36 HB1712
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intent to suspend or terminate shall be given by the Commission to the 1
governor, the majority and minority leaders of the defaulting State’s 2
legislature, the defaulting State’s State Licensing Authority and each of the 3
Member States’ State Licensing Authority. 4
E. A State that has been terminated is responsible for all 5
assessments, obligations, and liabilities incurred through the effective date 6
of termination, including obligations that extend beyond the effective date 7
of termination. 8
F. Upon the termination of a State’s membership from this Compact, 9
that State shall immediately provide notice to all Licensees within that 10
State of such termination. The terminated State shall continue to recognize 11
all licenses granted pursuant to this Compact for a minimum of six (6) months 12
after the date of said notice of termination. 13
G. The Commission shall not bear any costs related to a State that is 14
found to be in default or that has been terminated from the Compact, unless 15
agreed upon in writing between the Commission and the defaulting State. 16
H. The defaulting State may appeal the action of the Commission by 17
petitioning the U.S. District Court for the District of Columbia or the 18
federal district where the Commission has its principal offices. The 19
prevailing party shall be awarded all costs of such litigation, including 20
reasonable attorney’s fees. 21
I. Dispute Resolution 22
1. Upon request by a Member State, the Commission shall attempt 23
to resolve disputes related to the Compact that arise among Member States and 24
between Member and non -Member States. 25
2. The Commission shall promulgate a Rule providing for both 26
mediation and binding dispute resolution for disputes as appropriate. 27
J. Enforcement 28
1. By majority vote as provided by Rule, the Commission may 29
initiate legal action against a Member State in default in the United States 30
District Court for the District of Columbia or the federal district where the 31
Commission has its principal offices to enforce compliance with the 32
provisions of the Compact and its promulgated Rules. The relief sought may 33
include both injunctive relief and damages. In the event judicial enforcement 34
is necessary, the prevailing party shall be awarded all costs of such 35
litigation, including reasonable attorney’s fees. The remedies herein shall 36 HB1712
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not be the exclusive remedies of the Commission. The Commission may pursue 1
any other remedies available under federal or the defaulting Member State’s 2
law. 3
2. A Member State may initiate legal action against the 4
Commission in the U.S. District Court for the District of Columbia or the 5
federal district where the Commission has its principal offices to enforce 6
compliance with the provisions of the Compact and its promulgated Rules. The 7
relief sought may include both injunctive relief and damages. In the event 8
judicial enforcement is necessary, the prevailing party shall be awarded all 9
costs of such litigation, including reasonable attorney’s fees. 10
3. No person other than a Member State shall enforce this 11
Compact against the Commission. 12
13
SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 14
A. The Compact shall come into effect on the date on which the Compact 15
statute is enacted into law in the seventh Member State. 16
1. On or after the effective date of the Compact, the Commission 17
shall convene and review the enactment of each of the first seven Member 18
States (“Charter Member States”) to determine if the statute enacted by each 19
such Charter Member State is materially different than the model Compact 20
statute. 21
a. A Charter Member State whose enactment is found to be 22
materially different from the model Compact statute shall be entitled to the 23
default process set forth in Section 13. 24
b. If any Member State is later found to be in default, or 25
is terminated or withdraws from the Compact, the Commission shall remain in 26
existence and the Compact shall remain in effect even if the number of Member 27
States should be less than seven. 28
2. Member States enacting the Compact subsequent to the seven 29
initial Charter Member States shall be subject to the process set forth in 30
Section 10.C.21. to determine if their enactments are materially different 31
from the model Compact statute and whether they qualify for participation in 32
the Compact. 33
3. All actions taken for the benefit of the Commission or in 34
furtherance of the purposes of the administration of the Compact prior to the 35
effective date of the Compact or the Commission coming into existence shall 36 HB1712
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be considered to be actions of the Commission unless specifically repudiated 1
by the Commission. 2
4. Any State that joins the Compact subsequent to the 3
Commission’s initial adoption of the Rules and bylaws shall be subject to the 4
Rules and bylaws as they exist on the date on which the Compact becomes law 5
in that State. Any Rule that has been previously adopted by the Commission 6
shall have the full force and effect of law on the day the Compact becomes 7
law in that State. 8
B. Any Member State may withdraw from this Compact by enacting a 9
statute repealing the same. 10
1. A Member State’s withdrawal shall not take effect until 180 11
days after enactment of the repealing statute. 12
2. Withdrawal shall not affect the continuing requirement of the 13
withdrawing State’s Licensing Authority to comply with the investigative and 14
Adverse Action reporting requirements of this Compact prior to the effective 15
date of withdrawal. 16
3. Upon the enactment of a statute withdrawing from this 17
compact, a State shall immediately provide notice of such withdrawal to all 18
Licensees within that State. Notwithstanding any subsequent statutory 19
enactment to the contrary, such withdrawing State shall continue to recognize 20
all licenses granted pursuant to this compact for a minimum of 180 days after 21
the date of such notice of withdrawal. 22
C. Nothing contained in this Compact shall be construed to invalidate 23
or prevent any licensure agreement or other cooperative arrangement between a 24
Member State and a non -Member State that does not conflict with the 25
provisions of this Compact. 26
D. This Compact may be amended by the Member States. No amendment to 27
this Compact shall become effective and binding upon any Member State until 28
it is enacted into the laws of all Member States. 29
30
SECTION 15. CONSTRUCTION AND SEVERABILITY 31
A. This Compact and the Commission’s rulemaking authority shall be 32
liberally construed so as to effectuate the purposes, and the implementation 33
and administration of the Compact. Provisions of the Compact expressly 34
authorizing or requiring the promulgation of Rules shall not be construed to 35
limit the Commission’s rulemaking authority solely for those purposes. 36 HB1712
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B. The provisions of this Compact shall be severable and if any 1
phrase, clause, sentence or provision of this Compact is held by a court of 2
competent jurisdiction to be contrary to the constitution of any Member 3
State, a State seeking participation in the Compact, or of the United States, 4
or the applicability thereof to any government, agency, person or 5
circumstance is held to be unconstitutional by a court of competent 6
jurisdiction, the validity of the remainder of this Compact and the 7
applicability thereof to any other government, agency, person or circumstance 8
shall not be affected thereby. 9
C. Notwithstanding subsection B. of this section, the Commission may 10
deny a State’s participation in the Compact or, in accordance with the 11
requirements of Section 13.B., terminate a Member State’s participation in 12
the Compact, if it determines that a constitutional requirement of a Member 13
State is a material departure from the Compact. Otherwise, if this Compact 14
shall be held to be contrary to the constitution of any Member State, the 15
Compact shall remain in full force and effect as to the remaining Member 16
States and in full force and effect as to the Member State affected as to all 17
severable matters. 18
19
SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 20
A. A Licensee providing services in a Remote State under a Multistate 21
Authorization to Practice shall adhere to the laws and regulations, including 22
laws, regulations, and applicable standards, of the Remote State where the 23
client is located at the time care is rendered. 24
B. Nothing herein shall prevent or inhibit the enforcement of any 25
other law of a Member State that is not inconsistent with the Compact. 26
C. Any laws, statutes, regulations, or other legal requirements in a 27
Member State in conflict with the Compact are superseded to the extent of the 28
conflict. 29
D. All permissible agreements between the Commission and the Member 30
States are binding in accordance with their terms. 31
32
17-103-402. Administration of compact. 33
(a) The Arkansas Social Work Licensing Board is the Social Work 34
Licensure Compact administrator for this state. 35
(b) The board may adopt rules that are consistent with the Social Work 36 HB1712
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Licensure Compact necessary to implement this subchapter. 1
(c) The board is not required to adopt the rules of the Social Work 2
Licensure Compact Commission for those rules to be effective in this state. 3
(d) For the purposes of the member state's ability to reject a rule 4
under Section 12(D) of the Social Work Licensure Compact, Arkansas delegates 5
its authority in this provision to the General Assembly or the Legislative 6
Council. 7
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