Arkansas 2025 Regular Session

Arkansas House Bill HB1712 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 639 of the Regular Session
3	2		JMB393 03/07/2025 3:25:10 PM JMB393
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 HOUSE BILL 1712 3
7	6		4
8	7		By: Representative Joey Carr 5
9	8		By: Senator J. Scott 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO ESTABLISH THE SOCIAL WORK LICENSURE COMPACT 9
13	12		IN THIS STATE; AND FOR OTHER PURPOSES. 10
14	13		11
15	14		12
16	15		Subtitle 13
17	16		TO ESTABLISH THE SOCIAL WORK LICENSURE 14
18	17		COMPACT IN THIS STATE. 15
19	18		16
20	19		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
21	20		18
22	21		SECTION 1. Arkansas Code Title 17, Chapter 103, is amended to add an 19
23	22		additional subchapter to read as follows: 20
24	23		Subchapter 4 — Social Work Licensure Compact 21
25	24		22
26	25		17-103-401. Text of compact. 23
27	26		The Social Work Licensure Compact is enacted into law and entered into 24
28	27		by this state with all states legally joining therein and in the form 25
29	28		substantially as follows: 26
30	29		27
31	30		SOCIAL WORK LICENSURE COMPACT 28
32	31		29
33	32		SECTION 1: PURPOSE 30
34	33		The purpose of this Compact is to facilitate interstate practice of 31
35	34		Regulated Social Workers by improving public access to competent Social Work 32
36	35		Services. The Compact preserves the regulatory authority of States to protect 33
37	36		public health and safety through the current system of State licensure. 34
38	37		This Compact is designed to achieve the following objectives: 35
39	38		A. Increase public access to Social Work Services; 36 HB1712
40	39
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42	41		B. Reduce overly burdensome and duplicative requirements associated 1
43	42		with holding multiple licenses; 2
44	43		C. Enhance the Member States’ ability to protect the public’s health 3
45	44		and safety; 4
46	45		D. Encourage the cooperation of Member States in regulating multistate 5
47	46		practice; 6
48	47		E. Promote mobility and address workforce shortages by eliminating the 7
49	48		necessity for licenses in multiple States by providing for the mutual 8
50	49		recognition of other Member State licenses; 9
51	50		F. Support military families; 10
52	51		G. Facilitate the exchange of licensure and disciplinary information 11
53	52		among Member States; 12
54	53		H. Authorize all Member States to hold a Regulated Social Worker 13
55	54		accountable for abiding by a Member State’s laws, regulations, and applicable 14
56	55		professional standards in the Member State in which the client is located at 15
57	56		the time care is rendered; and 16
58	57		I. Allow for the use of telehealth to facilitate increased access to 17
59	58		regulated Social Work Services. 18
60	59		19
61	60		SECTION 2. DEFINITIONS 20
62	61		As used in this Compact, and except as otherwise provided, the 21
63	62		following definitions shall apply: 22
64	63		A. “Active Military Member” means any individual with full -time duty 23
65	64		status in the active armed forces of the United States including members of 24
66	65		the National Guard and Reserve. 25
67	66		B. “Adverse Action” means any administrative, civil, equitable or 26
68	67		criminal action permitted by a State’s laws which is imposed by a Licensing 27
69	68		Authority or other authority against a Regulated Social Worker, including 28
70	69		actions against an individual’s license or Multistate Authorization to 29
71	70		Practice such as revocation, suspension, probation, monitoring of the 30
72	71		Licensee, limitation on the Licensee’s practice, or any other Encumbrance on 31
73	72		licensure affecting a Regulated Social Worker’s authorization to practice, 32
74	73		including issuance of a cease and desist action. 33
75	74		C. “Alternative Program” means a non -disciplinary monitoring or 34
76	75		practice remediation process approved by a Licensing Authority to address 35
77	76		practitioners with an Impairment. 36 HB1712
78	77
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80	79		D. “Charter Member States” - Member States who have enacted 1
81	80		legislation to adopt this Compact where such legislation predates the 2
82	81		effective date of this Compact as described in Section 14. 3
83	82		E. “Compact Commission” or “Commission” means the government agency 4
84	83		whose membership consists of all States that have enacted this Compact, which 5
85	84		is known as the Social Work Licensure Compact Commission, as described in 6
86	85		Section 10, and which shall operate as an instrumentality of the Member 7
87	86		States. 8
88	87		F. “Current Significant Investigative Information” means: 9
89	88		1. Investigative information that a Licensing Authority, after a 10
90	89		preliminary inquiry that includes notification and an opportunity for the 11
91	90		Regulated Social Worker to respond has reason to believe is not groundless 12
92	91		and, if proved true, would indicate more than a minor infraction as may be 13
93	92		defined by the Commission; or 14
94	93		2. Investigative information that indicates that the Regulated 15
95	94		Social Worker represents an immediate threat to public health and safety, as 16
96	95		may be defined by the Commission, regardless of whether the Regulated Social 17
97	96		Worker has been notified and has had an opportunity to respond. 18
98	97		G. “Data System” means a repository of information about Licensees, 19
99	98		including, continuing education, examination, licensure, Current Significant 20
100	99		Investigative Information, Disqualifying Event, Multistate License(s) and 21
101	100		Adverse Action information or other information as required by the 22
102	101		Commission. 23
103	102		H. “Disqualifying Event” means any Adverse Action or incident which 24
104	103		results in an Encumbrance that disqualifies or makes the Licensee ineligible 25
105	104		to either obtain, retain or renew a Multistate License. 26
106	105		I. “Domicile” means the jurisdiction in which the Licensee resides and 27
107	106		intends to remain indefinitely. 28
108	107		J. “Encumbrance” means a revocation or suspension of, or any 29
109	108		limitation on, the full and unrestricted practice of Social Work licensed and 30
110	109		regulated by a Licensing Authority. 31
111	110		K. “Executive Committee” means a group of delegates elected or 32
112	111		appointed to act on behalf of, and within the powers granted to them by, the 33
113	112		compact and Commission. 34
114	113		L. “Home State” means the Member State that is the Licensee’s primary 35
115	114		Domicile. 36 HB1712
116	115
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118	117		M. “Impairment” means a condition(s) that may impair a practitioner’s 1
119	118		ability to engage in full and unrestricted practice as a Regulated Social 2
120	119		Worker without some type of intervention and may include alcohol and drug 3
121	120		dependence, mental health impairment, and neurological or physical 4
122	121		impairments. 5
123	122		N. “Licensee(s)” means an individual who currently holds a license 6
124	123		from a State to practice as a Regulated Social Worker. 7
125	124		O. “Licensing Authority” means the board or agency of a Member State, 8
126	125		or equivalent, that is responsible for the licensing and regulation of 9
127	126		Regulated Social Workers. 10
128	127		P. “Member State” means a state, commonwealth, district, or territory 11
129	128		of the United States of America that has enacted this Compact. 12
130	129		Q. “Multistate Authorization to Practice” means a legally authorized 13
131	130		privilege to practice, which is equivalent to a license, associated with a 14
132	131		Multistate License permitting the practice of Social Work in a Remote State. 15
133	132		R. “Multistate License” means a license to practice as a Regulated 16
134	133		Social Worker issued by a Home State Licensing Authority that authorizes the 17
135	134		Regulated Social Worker to practice in all Member States under Multistate 18
136	135		Authorization to Practice. 19
137	136		S. “Qualifying National Exam” means a national licensing examination 20
138	137		approved by the Commission. 21
139	138		T. “Regulated Social Worker” means any clinical, master’s or 22
140	139		bachelor’s Social Worker licensed by a Member State regardless of the title 23
141	140		used by that Member State. 24
142	141		U. “Remote State” means a Member State other than the Licensee’s Home 25
143	142		State. 26
144	143		V. “Rule(s)” or “Rule(s) of the Commission” means a regulation or 27
145	144		regulations duly promulgated by the Commission, as authorized by the Compact, 28
146	145		that has the force of law. 29
147	146		W. “Single State License” means a Social Work license issued by any 30
148	147		State that authorizes practice only within the issuing State and does not 31
149	148		include Multistate Authorization to Practice in any Member State. 32
150	149		X. “Social Work” or “Social Work Services” means the application of 33
151	150		social work theory, knowledge, methods, ethics, and the professional use of 34
152	151		self to restore or enhance social, psychosocial, or biopsychosocial 35
153	152		functioning of individuals, couples, families, groups, organizations, and 36 HB1712
154	153
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156	155		communities through the care and services provided by a Regulated Social 1
157	156		Worker as set forth in the Member State’s statutes and regulations in the 2
158	157		State where the services are being provided. 3
159	158		Y. “State” means any state, commonwealth, district, or territory of 4
160	159		the United States of America that regulates the practice of Social Work. 5
161	160		Z. “Unencumbered License” means a license that authorizes a Regulated 6
162	161		Social Worker to engage in the full and unrestricted practice of Social Work. 7
163	162		8
164	163		SECTION 3. STATE PARTICIPATION IN THE COMPACT 9
165	164		A. To be eligible to participate in the compact, a potential Member 10
166	165		State must currently meet all of the following criteria: 11
167	166		1. License and regulate the practice of Social Work at either 12
168	167		the clinical, master’s, or bachelor’s category. 13
169	168		2. Require applicants for licensure to graduate from a program 14
170	169		that is: 15
171	170		a. Operated by a college or university recognized by the 16
172	171		Licensing Authority; 17
173	172		b. Accredited, or in candidacy by an institution that 18
174	173		subsequently becomes accredited, by an accrediting agency recognized by 19
175	174		either: 20
176	175		i. the Council for Higher Education Accreditation, 21
177	176		or its successor; or 22
178	177		ii. the United States Department of Education; and 23
179	178		c. Corresponds to the licensure sought as outlined in 24
180	179		Section 4. 25
181	180		3. Require applicants for clinical licensure to complete a 26
182	181		period of supervised practice. 27
183	182		4. Have a mechanism in place for receiving, investigating, and 28
184	183		adjudicating complaints about Licensees. 29
185	184		B. To maintain membership in the Compact a Member State shall: 30
186	185		1. Require that applicants for a Multistate License pass a 31
187	186		Qualifying National Exam for the corresponding category of Multistate License 32
188	187		sought as outlined in Section 4. 33
189	188		2. Participate fully in the Commission’s Data System, including 34
190	189		using the Commission’s unique identifier as defined in Rules; 35
191	190		3. Notify the Commission, in compliance with the terms of the 36 HB1712
192	191
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194	193		Compact and Rules, of any Adverse Action or the availability of Current 1
195	194		Significant Investigative Information regarding a Licensee; 2
196	195		4. Implement procedures for considering the criminal history 3
197	196		records of applicants for a Multistate License. Such procedures shall include 4
198	197		the submission of fingerprints or other biometric -based information by 5
199	198		applicants for the purpose of obtaining an applicant’s criminal history 6
200	199		record information from the Federal Bureau of Investigation and the agency 7
201	200		responsible for retaining that State’s criminal records. 8
202	201		5. Comply with the Rules of the Commission; 9
203	202		6. Require an applicant to obtain or retain a license in the 10
204	203		Home State and meet the Home State’s qualifications for licensure or renewal 11
205	204		of licensure, as well as all other applicable Home State laws; 12
206	205		7. Authorize a Licensee holding a Multistate License in any 13
207	206		Member State to practice in accordance with the terms of the Compact and 14
208	207		Rules of the Commission; and 15
209	208		8. Designate a delegate to participate in the Commission 16
210	209		meetings. 17
211	210		C. A Member State meeting the requirements of Section 3.A. and 3.B. of 18
212	211		this Compact shall designate the categories of Social Work licensure that are 19
213	212		eligible for issuance of a Multistate License for applicants in such Member 20
214	213		State. To the extent that any Member State does not meet the requirements for 21
215	214		participation in the Compact at any particular category of Social Work 22
216	215		licensure, such Member State may choose, but is not obligated to, issue a 23
217	216		Multistate License to applicants that otherwise meet the requirements of 24
218	217		Section 4 for issuance of a Multistate License in such category or categories 25
219	218		of licensure. 26
220	219		D. The Home State may charge a fee for granting the Multistate 27
221	220		License. 28
222	221		29
223	222		SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT 30
224	223		A. To be eligible for a Multistate License under the terms and 31
225	224		provisions of the Compact, an applicant, regardless of category must: 32
226	225		1. Hold or be eligible for an active, Unencumbered License in 33
227	226		the Home State; 34
228	227		2. Pay any applicable fees, including any State fee, for the 35
229	228		Multistate License; 36 HB1712
230	229
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232	231		3. Submit, in connection with an application for a Multistate 1
233	232		License, fingerprints or other biometric data for the purpose of obtaining 2
234	233		criminal history record information from the Federal Bureau of Investigation 3
235	234		and the agency responsible for retaining that State’s criminal records. 4
236	235		4. Notify the Home State of any Adverse Action, Encumbrance, or 5
237	236		restriction on any professional license taken by any Member State or non -6
238	237		Member State within 30 days from the date the action is taken. 7
239	238		5. Meet any continuing competence requirements established by 8
240	239		the Home State; 9
241	240		6. Abide by the laws, regulations, and applicable standards in 10
242	241		the Member State where the client is located at the time care is rendered. 11
243	242		B. An applicant for a clinical -category Multistate License must meet 12
244	243		all of the following requirements: 13
245	244		2. Fulfill a competency requirement, which shall be satisfied by 14
246	245		either: 15
247	246		a. Passage of a clinical -category Qualifying National 16
248	247		Exam; or 17
249	248		b. Licensure of the applicant in their Home State at the 18
250	249		clinical category, beginning prior to such time as a Qualifying National Exam 19
251	250		was required by the Home State and accompanied by a period of continuous 20
252	251		Social Work licensure thereafter, all of which may be further governed by the 21
253	252		Rules of the Commission; or 22
254	253		c. The substantial equivalency of the foregoing competency 23
255	254		requirements which the Commission may determine by Rule. 24
256	255		3. Attain at least a master’s degree in Social Work from a 25
257	256		program that is: 26
258	257		a. Operated by a college or university recognized by the 27
259	258		Licensing Authority; and 28
260	259		b. Accredited, or in candidacy that subsequently becomes 29
261	260		accredited, by an accrediting agency recognized by either: 30
262	261		i. the Council for Higher Education Accreditation or 31
263	262		its successor; or 32
264	263		ii. the United States Department of Education. 33
265	264		4. Fulfill a practice requirement, which shall be satisfied by 34
266	265		demonstrating completion of either: 35
267	266		a. A period of postgraduate supervised clinical practice 36 HB1712
268	267
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270	269		equal to a minimum of three thousand hours; or 1
271	270		b. A minimum of two years of full -time postgraduate 2
272	271		supervised clinical practice; or 3
273	272		c. The substantial equivalency of the foregoing practice 4
274	273		requirements which the Commission may determine by Rule. 5
275	274		C. An applicant for a master’s -category Multistate License must meet 6
276	275		all of the following requirements: 7
277	276		1. Fulfill a competency requirement, which shall be satisfied by 8
278	277		either: 9
279	278		a. Passage of a master's -category Qualifying National 10
280	279		Exam; 11
281	280		b. Licensure of the applicant in their Home State at the 12
282	281		master’s category, beginning prior to such time as a Qualifying National Exam 13
283	282		was required by the Home State at the master’s category and accompanied by a 14
284	283		continuous period of Social Work licensure thereafter, all of which may be 15
285	284		further governed by the Rules of the Commission; or 16
286	285		c. The substantial equivalency of the foregoing competency 17
287	286		requirements which the Commission may determine by Rule. 18
288	287		2. Attain at least a master’s degree in Social Work from a 19
289	288		program that is: 20
290	289		a. Operated by a college or university recognized by the 21
291	290		Licensing Authority; and 22
292	291		b. Accredited, or in candidacy that subsequently becomes 23
293	292		accredited, by an accrediting agency recognized by either: 24
294	293		i. the Council for Higher Education Accreditation or 25
295	294		its successor; or 26
296	295		ii. the United States Department of Education. 27
297	296		D. An applicant for a bachelor’s -category Multistate License must meet 28
298	297		all of the following requirements: 29
299	298		1. Fulfill a competency requirement, which shall be satisfied by 30
300	299		either: 31
301	300		a. Passage of a bachelor’s -category Qualifying National 32
302	301		Exam; 33
303	302		b. Licensure of the applicant in their Home State at the 34
304	303		bachelor’s category, beginning prior to such time as a Qualifying National 35
305	304		Exam was required by the Home State and accompanied by a period of continuous 36 HB1712
306	305
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308	307		Social Work licensure thereafter, all of which may be further governed by the 1
309	308		Rules of the Commission; or 2
310	309		c. The substantial equivalency of the foregoing competency 3
311	310		requirements which the Commission may determine by Rule. 4
312	311		2. Attain at least a bachelor’s degree in Social Work from a 5
313	312		program that is: 6
314	313		a. Operated by a college or university recognized by the 7
315	314		Licensing Authority; and 8
316	315		b. Accredited, or in candidacy that subsequently becomes 9
317	316		accredited, by an accrediting agency recognized by either: 10
318	317		i. the Council for Higher Education Accreditation or 11
319	318		its successor; or 12
320	319		ii. the United States Department of Education. 13
321	320		E. The Multistate License for a Regulated Social Worker is subject to 14
322	321		the renewal requirements of the Home State. The Regulated Social Worker must 15
323	322		maintain compliance with the requirements of Section 4.A. to be eligible to 16
324	323		renew a Multistate License. 17
325	324		F. The Regulated Social Worker’s services in a Remote State are 18
326	325		subject to that Member State’s regulatory authority. A Remote State may, in 19
327	326		accordance with due process and that Member State’s laws, remove a Regulated 20
328	327		Social Worker’s Multistate Authorization to Practice in the Remote State for 21
329	328		a specific period of time, impose fines, and take any other necessary actions 22
330	329		to protect the health and safety of its citizens. 23
331	330		G. If a Multistate License is encumbered, the Regulated Social 24
332	331		Worker’s Multistate Authorization to Practice shall be deactivated in all 25
333	332		Remote States until the Multistate License is no longer encumbered. 26
334	333		H. If a Multistate Authorization to Practice is encumbered in a Remote 27
335	334		State, the regulated Social Worker’s Multistate Authorization to Practice may 28
336	335		be deactivated in that State until the Multistate Authorization to Practice 29
337	336		is no longer encumbered. 30
338	337		31
339	338		SECTION 5: ISSUANCE OF A MULTISTATE LICENSE 32
340	339		A. Upon receipt of an application for Multistate License, the Home 33
341	340		State Licensing Authority shall determine the applicant’s eligibility for a 34
342	341		Multistate License in accordance with Section 4 of this Compact. 35
343	342		B. If such applicant is eligible pursuant to Section 4 of this 36 HB1712
344	343
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346	345		Compact, the Home State Licensing Authority shall issue a Multistate License 1
347	346		that authorizes the applicant or Regulated Social Worker to practice in all 2
348	347		Member States under a Multistate Authorization to Practice. 3
349	348		C. Upon issuance of a Multistate License, the Home State Licensing 4
350	349		Authority shall designate whether the Regulated Social Worker holds a 5
351	350		Multistate License in the Bachelors, Masters, or Clinical category of Social 6
352	351		Work. 7
353	352		D. A Multistate License issued by a Home State to a resident in that 8
354	353		State shall be recognized by all Compact Member States as authorizing Social 9
355	354		Work Practice under a Multistate Authorization to Practice corresponding to 10
356	355		each category of licensure regulated in each Member State. 11
357	356		12
358	357		SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE 13
359	358		LICENSING AUTHORITIES 14
360	359		A. Nothing in this Compact, nor any Rule of the Commission, shall be 15
361	360		construed to limit, restrict, or in any way reduce the ability of a Member 16
362	361		State to enact and enforce laws, regulations, or other rules related to the 17
363	362		practice of Social Work in that State, where those laws, regulations, or 18
364	363		other rules are not inconsistent with the provisions of this Compact. 19
365	364		B. Nothing in this Compact shall affect the requirements established 20
366	365		by a Member State for the issuance of a Single State License. 21
367	366		C. Nothing in this Compact, nor any Rule of the Commission, shall be 22
368	367		construed to limit, restrict, or in any way reduce the ability of a Member 23
369	368		State to take Adverse Action against a Licensee’s Single State License to 24
370	369		practice Social Work in that State. 25
371	370		D. Nothing in this Compact, nor any Rule of the Commission, shall be 26
372	371		construed to limit, restrict, or in any way reduce the ability of a Remote 27
373	372		State to take Adverse Action against a Licensee’s Multistate Authorization to 28
374	373		Practice in that State. 29
375	374		E. Nothing in this Compact, nor any Rule of the Commission, shall be 30
376	375		construed to limit, restrict, or in any way reduce the ability of a 31
377	376		Licensee’s Home State to take Adverse Action against a Licensee’s Multistate 32
378	377		License based upon information provided by a Remote State. 33
379	378		34
380	379		SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE 35
381	380		A. A Licensee can hold a Multistate License, issued by their Home 36 HB1712
382	381
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384	383		State, in only one Member State at any given time. 1
385	384		B. If a Licensee changes their Home State by moving between two Member 2
386	385		States: 3
387	386		1. The Licensee shall immediately apply for the reissuance of 4
388	387		their Multistate License in their new Home State. The Licensee shall pay all 5
389	388		applicable fees and notify the prior Home State in accordance with the Rules 6
390	389		of the Commission. 7
391	390		2. Upon receipt of an application to reissue a Multistate 8
392	391		License, the new Home State shall verify that the Multistate License is 9
393	392		active, unencumbered and eligible for reissuance under the terms of the 10
394	393		Compact and the Rules of the Commission. The Multistate License issued by the 11
395	394		prior Home State will be deactivated and all Member States notified in 12
396	395		accordance with the applicable Rules adopted by the Commission. 13
397	396		3. Prior to the reissuance of the Multistate License, the new 14
398	397		Home State shall conduct procedures for considering the criminal history 15
399	398		records of the Licensee. Such procedures shall include the submission of 16
400	399		fingerprints or other biometric -based information by applicants for the 17
401	400		purpose of obtaining an applicant’s criminal history record information from 18
402	401		the Federal Bureau of Investigation and the agency responsible for retaining 19
403	402		that State’s criminal records. 20
404	403		4. If required for initial licensure, the new Home State may 21
405	404		require completion of jurisprudence requirements in the new Home State. 22
406	405		5. Notwithstanding any other provision of this Compact, if a 23
407	406		Licensee does not meet the requirements set forth in this Compact for the 24
408	407		reissuance of a Multistate License by the new Home State, then the Licensee 25
409	408		shall be subject to the new Home State requirements for the issuance of a 26
410	409		Single State License in that State. 27
411	410		C. If a Licensee changes their primary State of residence by moving 28
412	411		from a Member State to a non -Member State, or from a non -Member State to a 29
413	412		Member State, then the Licensee shall be subject to the State requirements 30
414	413		for the issuance of a Single State License in the new Home State. 31
415	414		D. Nothing in this Compact shall interfere with a Licensee’s ability 32
416	415		to hold a Single State License in multiple States; however, for the purposes 33
417	416		of this Compact, a Licensee shall have only one Home State, and only one 34
418	417		Multistate License. 35
419	418		E. Nothing in this Compact shall interfere with the requirements 36 HB1712
420	419
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422	421		established by a Member State for the issuance of a Single State License. 1
423	422		2
424	423		SECTION 8. MILITARY FAMILIES 3
425	424		An Active Military Member or their spouse shall designate a Home State 4
426	425		where the individual has a Multistate License. The individual may retain 5
427	426		their Home State designation during the period the service member is on 6
428	427		active duty. 7
429	428		8
430	429		SECTION 9. ADVERSE ACTIONS 9
431	430		A. In addition to the other powers conferred by State law, a Remote 10
432	431		State shall have the authority, in accordance with existing State due process 11
433	432		law, to: 12
434	433		1. Take Adverse Action against a Regulated Social Worker’s 13
435	434		Multistate Authorization to Practice only within that Member State, and issue 14
436	435		subpoenas for both hearings and investigations that require the attendance 15
437	436		and testimony of witnesses as well as the production of evidence. Subpoenas 16
438	437		issued by a Licensing Authority in a Member State for the attendance and 17
439	438		testimony of witnesses or the production of evidence from another Member 18
440	439		State shall be enforced in the latter State by any court of competent 19
441	440		jurisdiction, according to the practice and procedure of that court 20
442	441		applicable to subpoenas issued in proceedings pending before it. The issuing 21
443	442		Licensing Authority shall pay any witness fees, travel expenses, mileage, and 22
444	443		other fees required by the service statutes of the State in which the 23
445	444		witnesses or evidence are located. 24
446	445		2. Only the Home State shall have the power to take Adverse 25
447	446		Action against a Regulated Social Worker’s Multistate License. 26
448	447		B. For purposes of taking Adverse Action, the Home State shall give 27
449	448		the same priority and effect to reported conduct received from a Member State 28
450	449		as it would if the conduct had occurred within the Home State. In so doing, 29
451	450		the Home State shall apply its own State laws to determine appropriate 30
452	451		action. 31
453	452		C. The Home State shall complete any pending investigations of a 32
454	453		Regulated Social Worker who changes their Home State during the course of the 33
455	454		investigations. The Home State shall also have the authority to take 34
456	455		appropriate action(s) and shall promptly report the conclusions of the 35
457	456		investigations to the administrator of the Data System. The administrator of 36 HB1712
458	457
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460	459		the Data System shall promptly notify the new Home State of any Adverse 1
461	460		Actions. 2
462	461		D. A Member State, if otherwise permitted by State law, may recover 3
463	462		from the affected Regulated Social Worker the costs of investigations and 4
464	463		dispositions of cases resulting from any Adverse Action taken against that 5
465	464		Regulated Social Worker. 6
466	465		E. A Member State may take Adverse Action based on the factual 7
467	466		findings of another Member State, provided that the Member State follows its 8
468	467		own procedures for taking the Adverse Action. 9
469	468		F. Joint Investigations: 10
470	469		1. In addition to the authority granted to a Member State by its 11
471	470		respective Social Work practice act or other applicable State law, any Member 12
472	471		State may participate with other Member States in joint investigations of 13
473	472		Licensees. 14
474	473		2. Member States shall share any investigative, litigation, or 15
475	474		compliance materials in furtherance of any joint or individual investigation 16
476	475		initiated under the Compact. 17
477	476		G. If Adverse Action is taken by the Home State against the Multistate 18
478	477		License of a Regulated Social Worker, the Regulated Social Worker’s 19
479	478		Multistate Authorization to Practice in all other Member States shall be 20
480	479		deactivated until all Encumbrances have been removed from the Multistate 21
481	480		License. All Home State disciplinary orders that impose Adverse Action 22
482	481		against the license of a Regulated Social Worker shall include a statement 23
483	482		that the Regulated Social Worker’s Multistate Authorization to Practice is 24
484	483		deactivated in all Member States until all conditions of the decision, order 25
485	484		or agreement are satisfied. 26
486	485		H. If a Member State takes Adverse Action, it shall promptly notify 27
487	486		the administrator of the Data System. The administrator of the Data System 28
488	487		shall promptly notify the Home State and all other Member State’s of any 29
489	488		Adverse Actions by Remote States. 30
490	489		I. Nothing in this Compact shall override a Member State’s decision 31
491	490		that participation in an Alternative Program may be used in lieu of Adverse 32
492	491		Action. 33
493	492		J. Nothing in this Compact shall authorize a Member State to demand 34
494	493		the issuance of subpoenas for attendance and testimony of witnesses or the 35
495	494		production of evidence from another Member State for lawful actions within 36 HB1712
496	495
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498	497		that Member State. 1
499	498		K. Nothing in this Compact shall authorize a Member State to impose 2
500	499		discipline against a Regulated Social Worker who holds a Multistate 3
501	500		Authorization to Practice for lawful actions within another Member State. 4
502	501		5
503	502		SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION 6
504	503		A. The Compact Member States hereby create and establish a joint 7
505	504		government agency whose membership consists of all Member States that have 8
506	505		enacted the compact known as the Social Work Licensure Compact Commission. 9
507	506		The Commission is an instrumentality of the Compact States acting jointly and 10
508	507		not an instrumentality of any one State. The Commission shall come into 11
509	508		existence on or after the effective date of the Compact as set forth in 12
510	509		Section 14. 13
511	510		B. Membership, Voting, and Meetings 14
512	511		1. Each Member State shall have and be limited to one (1) 15
513	512		delegate selected by that Member State’s State Licensing Authority. 16
514	513		2. The delegate shall be either: 17
515	514		a. A current member of the State Licensing Authority at 18
516	515		the time of appointment, who is a Regulated Social Worker or public member of 19
517	516		the State Licensing Authority; or 20
518	517		b. An administrator of the State Licensing Authority or 21
519	518		their designee. 22
520	519		3. The Commission shall by Rule or bylaw establish a term of 23
521	520		office for delegates and may by Rule or bylaw establish term limits. 24
522	521		4. The Commission may recommend removal or suspension of any 25
523	522		delegate from office. 26
524	523		5. A Member State’s State Licensing Authority shall fill any 27
525	524		vacancy of its delegate occurring on the Commission within 60 days of the 28
526	525		vacancy. 29
527	526		6. Each delegate shall be entitled to one vote on all matters 30
528	527		before the Commission requiring a vote by Commission delegates. 31
529	528		7. A delegate shall vote in person or by such other means as 32
530	529		provided in the bylaws. The bylaws may provide for delegates to meet by 33
531	530		telecommunication, videoconference, or other means of communication. 34
532	531		8. The Commission shall meet at least once during each calendar 35
533	532		year. Additional meetings may be held as set forth in the bylaws. The 36 HB1712
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536	535		Commission may meet by telecommunication, video conference or other similar 1
537	536		electronic means. 2
538	537		C. The Commission shall have the following powers: 3
539	538		1. Establish the fiscal year of the Commission; 4
540	539		2. Establish code of conduct and conflict of interest policies; 5
541	540		3. Establish and amend Rules and bylaws; 6
542	541		4. Maintain its financial records in accordance with the bylaws; 7
543	542		5. Meet and take such actions as are consistent with the 8
544	543		provisions of this Compact, the Commission’s Rules, and the bylaws; 9
545	544		6. Initiate and conclude legal proceedings or actions in the 10
546	545		name of the Commission, provided that the standing of any State Licensing 11
547	546		Board to sue or be sued under applicable law shall not be affected; 12
548	547		7. Maintain and certify records and information provided to a 13
549	548		Member State as the authenticated business records of the Commission, and 14
550	549		designate an agent to do so on the Commission's behalf; 15
551	550		8. Purchase and maintain insurance and bonds; 16
552	551		9. Borrow, accept, or contract for services of personnel, 17
553	552		including, but not limited to, employees of a Member State; 18
554	553		10. Conduct an annual financial review; 19
555	554		11. Hire employees, elect or appoint officers, fix compensation, 20
556	555		define duties, grant such individuals appropriate authority to carry out the 21
557	556		purposes of the Compact, and establish the Commission’s personnel policies 22
558	557		and programs relating to conflicts of interest, qualifications of personnel, 23
559	558		and other related personnel matters; 24
560	559		12. Assess and collect fees; 25
561	560		13. Accept any and all appropriate gifts, donations, grants of 26
562	561		money, other sources of revenue, equipment, supplies, materials, and 27
563	562		services, and receive, utilize, and dispose of the same; provided that at all 28
564	563		times the Commission shall avoid any appearance of impropriety or conflict of 29
565	564		interest; 30
566	565		14. Lease, purchase, retain, own, hold, improve, or use any 31
567	566		property, real, personal, or mixed, or any undivided interest therein; 32
568	567		15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 33
569	568		otherwise dispose of any property real, personal, or mixed; 34
570	569		16. Establish a budget and make expenditures; 35
571	570		17. Borrow money; 36 HB1712
572	571
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574	573		18. Appoint committees, including standing committees, composed 1
575	574		of members, State regulators, State legislators or their representatives, and 2
576	575		consumer representatives, and such other interested persons as may be 3
577	576		designated in this Compact and the bylaws; 4
578	577		19. Provide and receive information from, and cooperate with, 5
579	578		law enforcement agencies; 6
580	579		20. Establish and elect an Executive Committee, including a 7
581	580		chair and a vice chair; 8
582	581		21. Determine whether a State’s adopted language is materially 9
583	582		different from the model compact language such that the State would not 10
584	583		qualify for participation in the Compact; and 11
585	584		22. Perform such other functions as may be necessary or 12
586	585		appropriate to achieve the purposes of this Compact. 13
587	586		D. The Executive Committee 14
588	587		1. The Executive Committee shall have the power to act on behalf 15
589	588		of the Commission according to the terms of this Compact. The powers, duties, 16
590	589		and responsibilities of the Executive Committee shall include: 17
591	590		a. Oversee the day-to-day activities of the administration 18
592	591		of the compact including enforcement and compliance with the provisions of 19
593	592		the compact, its Rules and bylaws, and other such duties as deemed necessary; 20
594	593		b. Recommend to the Commission changes to the Rules or 21
595	594		bylaws, changes to this Compact legislation, fees charged to Compact Member 22
596	595		States, fees charged to Licensees, and other fees; 23
597	596		c. Ensure Compact administration services are 24
598	597		appropriately provided, including by contract; 25
599	598		d. Prepare and recommend the budget; 26
600	599		e. Maintain financial records on behalf of the Commission; 27
601	600		f. Monitor Compact compliance of Member States and provide 28
602	601		compliance reports to the Commission; 29
603	602		g. Establish additional committees as necessary; 30
604	603		h. Exercise the powers and duties of the Commission during 31
605	604		the interim between Commission meetings, except for adopting or amending 32
606	605		Rules, adopting or amending bylaws, and exercising any other powers and 33
607	606		duties expressly reserved to the Commission by Rule or bylaw; and 34
608	607		i. Other duties as provided in the Rules or bylaws of the 35
609	608		Commission. 36 HB1712
610	609
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612	611		2. The Executive Committee shall be composed of up to eleven 1
613	612		(11) members: 2
614	613		a. The chair and vice chair of the Commission shall be 3
615	614		voting members of the Executive Committee; and 4
616	615		b. The Commission shall elect five voting members from the 5
617	616		current membership of the Commission. 6
618	617		c. Up to four (4) ex -officio, nonvoting members from four 7
619	618		(4) recognized national Social Work organizations. 8
620	619		d. The ex-officio members will be selected by their 9
621	620		respective organizations. 10
622	621		3. The Commission may remove any member of the Executive 11
623	622		Committee as provided in the Commission’s bylaws. 12
624	623		4. The Executive Committee shall meet at least annually. 13
625	624		a. Executive Committee meetings shall be open to the 14
626	625		public, except that the Executive Committee may meet in a closed, non -public 15
627	626		meeting as provided in subsection F.2. below. 16
628	627		b. The Executive Committee shall give seven (7) days’ 17
629	628		notice of its meetings, posted on its website and as determined to provide 18
630	629		notice to persons with an interest in the business of the Commission. 19
631	630		c. The Executive Committee may hold a special meeting in 20
632	631		accordance with subsection F.1.b. below. 21
633	632		E. The Commission shall adopt and provide to the Member States an 22
634	633		annual report. 23
635	634		F. Meetings of the Commission 24
636	635		1. All meetings shall be open to the public, except that the 25
637	636		Commission may meet in a closed, non -public meeting as provided in subsection 26
638	637		F.2. below. 27
639	638		a. Public notice for all meetings of the full Commission 28
640	639		of meetings shall be given in the same manner as required under the 29
641	640		Rulemaking provisions in Section 12, except that the Commission may hold a 30
642	641		special meeting as provided in subsection F.1.b. below. 31
643	642		b. The Commission may hold a special meeting when it must 32
644	643		meet to conduct emergency business by giving 48 hours’ notice to all 33
645	644		commissioners, on the Commission’s website, and other means as provided in 34
646	645		the Commission’s Rules. The Commission’s legal counsel shall certify that the 35
647	646		Commission’s need to meet qualifies as an emergency. 36 HB1712
648	647
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650	649		2. The Commission or the Executive Committee or other committees 1
651	650		of the Commission may convene in a closed, non -public meeting for the 2
652	651		Commission or Executive Committee or other committees of the Commission to 3
653	652		receive legal advice or to discuss: 4
654	653		a. Non-compliance of a Member State with its obligations 5
655	654		under the Compact; 6
656	655		b. The employment, compensation, discipline or other 7
657	656		matters, practices or procedures related to specific employees; 8
658	657		c. Current or threatened discipline of a Licensee by the 9
659	658		Commission or by a Member State’s Licensing Authority; 10
660	659		d. Current, threatened, or reasonably anticipated 11
661	660		litigation; 12
662	661		e. Negotiation of contracts for the purchase, lease, or 13
663	662		sale of goods, services, or real estate; 14
664	663		f. Accusing any person of a crime or formally censuring 15
665	664		any person; 16
666	665		g. Trade secrets or commercial or financial information 17
667	666		that is privileged or confidential; 18
668	667		h. Information of a personal nature where disclosure would 19
669	668		constitute a clearly unwarranted invasion of personal privacy; 20
670	669		i. Investigative records compiled for law enforcement 21
671	670		purposes; 22
672	671		j. Information related to any investigative reports 23
673	672		prepared by or on behalf of or for use of the Commission or other committee 24
674	673		charged with responsibility of investigation or determination of compliance 25
675	674		issues pursuant to the Compact; 26
676	675		k. Matters specifically exempted from disclosure by 27
677	676		federal or Member State law; or 28
678	677		l. Other matters as promulgated by the Commission by Rule. 29
679	678		3. If a meeting, or portion of a meeting, is closed, the 30
680	679		presiding officer shall state that the meeting will be closed and reference 31
681	680		each relevant exempting provision, and such reference shall be recorded in 32
682	681		the minutes. 33
683	682		4. The Commission shall keep minutes that fully and clearly 34
684	683		describe all matters discussed in a meeting and shall provide a full and 35
685	684		accurate summary of actions taken, and the reasons therefore, including a 36 HB1712
686	685
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688	687		description of the views expressed. All documents considered in connection 1
689	688		with an action shall be identified in such minutes. All minutes and documents 2
690	689		of a closed meeting shall remain under seal, subject to release only by a 3
691	690		majority vote of the Commission or order of a court of competent 4
692	691		jurisdiction. 5
693	692		G. Financing of the Commission 6
694	693		1. The Commission shall pay, or provide for the payment of, the 7
695	694		reasonable expenses of its establishment, organization, and ongoing 8
696	695		activities. 9
697	696		2. The Commission may accept any and all appropriate revenue 10
698	697		sources as provided in subsection C.13. 11
699	698		3. The Commission may levy on and collect an annual assessment 12
700	699		from each Member State and impose fees on Licensees of Member States to whom 13
701	700		it grants a Multistate License to cover the cost of the operations and 14
702	701		activities of the Commission and its staff, which must be in a total amount 15
703	702		sufficient to cover its annual budget as approved each year for which revenue 16
704	703		is not provided by other sources. The aggregate annual assessment amount for 17
705	704		Member States shall be allocated based upon a formula that the Commission 18
706	705		shall promulgate by Rule. 19
707	706		4. The Commission shall not incur obligations of any kind prior 20
708	707		to securing the funds adequate to meet the same; nor shall the Commission 21
709	708		pledge the credit of any of the Member States, except by and with the 22
710	709		authority of the Member State. 23
711	710		5. The Commission shall keep accurate accounts of all receipts 24
712	711		and disbursements. The receipts and disbursements of the Commission shall be 25
713	712		subject to the financial review and accounting procedures established under 26
714	713		its bylaws. However, all receipts and disbursements of funds handled by the 27
715	714		Commission shall be subject to an annual financial review by a certified or 28
716	715		licensed public accountant, and the report of the financial review shall be 29
717	716		included in and become part of the annual report of the Commission. 30
718	717		H. Qualified Immunity, Defense, and Indemnification 31
719	718		1. The members, officers, executive director, employees and 32
720	719		representatives of the Commission shall be immune from suit and liability, 33
721	720		both personally and in their official capacity, for any claim for damage to 34
722	721		or loss of property or personal injury or other civil liability caused by or 35
723	722		arising out of any actual or alleged act, error, or omission that occurred, 36 HB1712
724	723
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726	725		or that the person against whom the claim is made had a reasonable basis for 1
727	726		believing occurred within the scope of Commission employment, duties or 2
728	727		responsibilities; provided that nothing in this paragraph shall be construed 3
729	728		to protect any such person from suit or liability for any damage, loss, 4
730	729		injury, or liability caused by the intentional or willful or wanton 5
731	730		misconduct of that person. The procurement of insurance of any type by the 6
732	731		Commission shall not in any way compromise or limit the immunity granted 7
733	732		hereunder. 8
734	733		2. The Commission shall defend any member, officer, executive 9
735	734		director, employee, and representative of the Commission in any civil action 10
736	735		seeking to impose liability arising out of any actual or alleged act, error, 11
737	736		or omission that occurred within the scope of Commission employment, duties, 12
738	737		or responsibilities, or as determined by the Commission that the person 13
739	738		against whom the claim is made had a reasonable basis for believing occurred 14
740	739		within the scope of Commission employment, duties, or responsibilities; 15
741	740		provided that nothing herein shall be construed to prohibit that person from 16
742	741		retaining their own counsel at their own expense; and provided further, that 17
743	742		the actual or alleged act, error, or omission did not result from that 18
744	743		person’s intentional or willful or wanton misconduct. 19
745	744		3. The Commission shall indemnify and hold harmless any member, 20
746	745		officer, executive director, employee, and representative of the Commission 21
747	746		for the amount of any settlement or judgment obtained against that person 22
748	747		arising out of any actual or alleged act, error, or omission that occurred 23
749	748		within the scope of Commission employment, duties, or responsibilities, or 24
750	749		that such person had a reasonable basis for believing occurred within the 25
751	750		scope of Commission employment, duties, or responsibilities, provided that 26
752	751		the actual or alleged act, error, or omission did not result from the 27
753	752		intentional or willful or wanton misconduct of that person. 28
754	753		4. Nothing herein shall be construed as a limitation on the 29
755	754		liability of any Licensee for professional malpractice or misconduct, which 30
756	755		shall be governed solely by any other applicable State laws. 31
757	756		5. Nothing in this Compact shall be interpreted to waive or 32
758	757		otherwise abrogate a Member State’s state action immunity or state action 33
759	758		affirmative defense with respect to antitrust claims under the Sherman Act, 34
760	759		Clayton Act, or any other State or federal antitrust or anticompetitive law 35
761	760		or regulation. 36 HB1712
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764	763		6. Nothing in this Compact shall be construed to be a waiver of 1
765	764		sovereign immunity by the Member States or by the Commission. 2
766	765		3
767	766		SECTION 11 . DATA SYSTEM 4
768	767		A. The Commission shall provide for the development, maintenance, 5
769	768		operation, and utilization of a coordinated Data System. 6
770	769		B. The Commission shall assign each applicant for a Multistate License 7
771	770		a unique identifier, as determined by the Rules of the Commission. 8
772	771		C. Notwithstanding any other provision of State law to the contrary, a 9
773	772		Member State shall submit a uniform data set to the Data System on all 10
774	773		individuals to whom this Compact is applicable as required by the Rules of 11
775	774		the Commission, including: 12
776	775		1. Identifying information; 13
777	776		2. Licensure data; 14
778	777		3. Adverse Actions against a license and information related 15
779	778		thereto; 16
780	779		4. Non-confidential information related to Alternative Program 17
781	780		participation, the beginning and ending dates of such participation, and 18
782	781		other information related to such participation not made confidential under 19
783	782		Member State law; 20
784	783		5. Any denial of application for licensure, and the reason(s) 21
785	784		for such denial; 22
786	785		6. The presence of Current Significant Investigative 23
787	786		Information; and 24
788	787		7. Other information that may facilitate the administration of 25
789	788		this Compact or the protection of the public, as determined by the Rules of 26
790	789		the Commission. 27
791	790		D. The records and information provided to a Member State pursuant to 28
792	791		this Compact or through the Data System, when certified by the Commission or 29
793	792		an agent thereof, shall constitute the authenticated business records of the 30
794	793		Commission, and shall be entitled to any associated hearsay exception in any 31
795	794		relevant judicial, quasi -judicial or administrative proceedings in a Member 32
796	795		State. 33
797	796		E. Current Significant Investigative Information pertaining to a 34
798	797		Licensee in any Member State will only be available to other Member States. 35
799	798		1. It is the responsibility of the Member States to report any 36 HB1712
800	799
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802	801		Adverse Action against a Licensee and to monitor the database to determine 1
803	802		whether Adverse Action has been taken against a Licensee. Adverse Action 2
804	803		information pertaining to a Licensee in any Member State will be available to 3
805	804		any other Member State. 4
806	805		F. Member States contributing information to the Data System may 5
807	806		designate information that may not be shared with the public without the 6
808	807		express permission of the contributing State. 7
809	808		G. Any information submitted to the Data System that is subsequently 8
810	809		expunged pursuant to federal law or the laws of the Member State contributing 9
811	810		the information shall be removed from the Data System. 10
812	811		11
813	812		SECTION 12. RULEMAKING 12
814	813		A. The Commission shall promulgate reasonable Rules in order to 13
815	814		effectively and efficiently implement and administer the purposes and 14
816	815		provisions of the Compact. A Rule shall be invalid and have no force or 15
817	816		effect only if a court of competent jurisdiction holds that the Rule is 16
818	817		invalid because the Commission exercised its rulemaking authority in a manner 17
819	818		that is beyond the scope and purposes of the Compact, or the powers granted 18
820	819		hereunder, or based upon another applicable standard of review. 19
821	820		B. The Rules of the Commission shall have the force of law in each 20
822	821		Member State, provided however that where the Rules of the Commission 21
823	822		conflict with the laws of the Member State that establish the Member State’s 22
824	823		laws, regulations, and applicable standards that govern the practice of 23
825	824		Social Work as held by a court of competent jurisdiction, the Rules of the 24
826	825		Commission shall be ineffective in that State to the extent of the conflict. 25
827	826		C. The Commission shall exercise its Rulemaking powers pursuant to the 26
828	827		criteria set forth in this Section and the Rules adopted thereunder. Rules 27
829	828		shall become binding on the day following adoption or the date specified in 28
830	829		the rule or amendment, whichever is later. 29
831	830		D. If a majority of the legislatures of the Member States rejects a 30
832	831		Rule or portion of a Rule, by enactment of a statute or resolution in the 31
833	832		same manner used to adopt the Compact within four (4) years of the date of 32
834	833		adoption of the Rule, then such Rule shall have no further force and effect 33
835	834		in any Member State. 34
836	835		E. Rules shall be adopted at a regular or special meeting of the 35
837	836		Commission. 36 HB1712
838	837
839	838		23 03/07/2025 3:25:10 PM JMB393
840	839		F. Prior to adoption of a proposed Rule, the Commission shall hold a 1
841	840		public hearing and allow persons to provide oral and written comments, data, 2
842	841		facts, opinions, and arguments. 3
843	842		G. Prior to adoption of a proposed Rule by the Commission, and at 4
844	843		least thirty (30) days in advance of the meeting at which the Commission will 5
845	844		hold a public hearing on the proposed Rule, the Commission shall provide a 6
846	845		Notice of Proposed Rulemaking: 7
847	846		1. On the website of the Commission or other publicly accessible 8
848	847		platform; 9
849	848		2. To persons who have requested notice of the Commission’s 10
850	849		notices of proposed rulemaking; and 11
851	850		3. In such other way(s) as the Commission may by Rule specify. 12
852	851		H. The Notice of Proposed Rulemaking shall include: 13
853	852		1. The time, date, and location of the public hearing at which 14
854	853		the Commission will hear public comments on the proposed Rule and, if 15
855	854		different, the time, date, and location of the meeting where the Commission 16
856	855		will consider and vote on the proposed Rule; 17
857	856		2. If the hearing is held via telecommunication, video 18
858	857		conference, or other electronic means, the Commission shall include the 19
859	858		mechanism for access to the hearing in the Notice of Proposed Rulemaking; 20
860	859		3. The text of the proposed Rule and the reason therefor; 21
861	860		4. A request for comments on the proposed Rule from any 22
862	861		interested person; and 23
863	862		5. The manner in which interested persons may submit written 24
864	863		comments. 25
865	864		I. All hearings will be recorded. A copy of the recording and all 26
866	865		written comments and documents received by the Commission in response to the 27
867	866		proposed Rule shall be available to the public. 28
868	867		J. Nothing in this section shall be construed as requiring a separate 29
869	868		hearing on each Rule. Rules may be grouped for the convenience of the 30
870	869		Commission at hearings required by this section. 31
871	870		K. The Commission shall, by majority vote of all members, take final 32
872	871		action on the proposed Rule based on the Rulemaking record and the full text 33
873	872		of the Rule. 34
874	873		1. The Commission may adopt changes to the proposed Rule 35
875	874		provided the changes do not enlarge the original purpose of the proposed 36 HB1712
876	875
877	876		24 03/07/2025 3:25:10 PM JMB393
878	877		Rule. 1
879	878		2. The Commission shall provide an explanation of the reasons 2
880	879		for substantive changes made to the proposed Rule as well as reasons for 3
881	880		substantive changes not made that were recommended by commenters. 4
882	881		3. The Commission shall determine a reasonable effective date 5
883	882		for the Rule. Except for an emergency as provided in Section 12.L., the 6
884	883		effective date of the rule shall be no sooner than 30 days after issuing the 7
885	884		notice that it adopted or amended the Rule. 8
886	885		L. Upon determination that an emergency exists, the Commission may 9
887	886		consider and adopt an emergency Rule with 48 hours’ notice, with opportunity 10
888	887		to comment, provided that the usual Rulemaking procedures provided in the 11
889	888		Compact and in this section shall be retroactively applied to the Rule as 12
890	889		soon as reasonably possible, in no event later than ninety (90) days after 13
891	890		the effective date of the Rule. For the purposes of this provision, an 14
892	891		emergency Rule is one that must be adopted immediately in order to: 15
893	892		1. Meet an imminent threat to public health, safety, or welfare; 16
894	893		2. Prevent a loss of Commission or Member State funds; 17
895	894		3. Meet a deadline for the promulgation of a Rule that is 18
896	895		established by federal law or rule; or 19
897	896		4. Protect public health and safety. 20
898	897		M. The Commission or an authorized committee of the Commission may 21
899	898		direct revisions to a previously adopted Rule for purposes of correcting 22
900	899		typographical errors, errors in format, errors in consistency, or grammatical 23
901	900		errors. Public notice of any revisions shall be posted on the website of the 24
902	901		Commission. The revision shall be subject to challenge by any person for a 25
903	902		period of thirty (30) days after posting. The revision may be challenged only 26
904	903		on grounds that the revision results in a material change to a Rule. A 27
905	904		challenge shall be made in writing and delivered to the Commission prior to 28
906	905		the end of the notice period. If no challenge is made, the revision will take 29
907	906		effect without further action. If the revision is challenged, the revision 30
908	907		may not take effect without the approval of the Commission. 31
909	908		N. No Member State’s rulemaking requirements shall apply under this 32
910	909		Compact. 33
911	910		34
912	911		SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 35
913	912		A. Oversight 36 HB1712
914	913
915	914		25 03/07/2025 3:25:10 PM JMB393
916	915		1. The executive and judicial branches of State government in 1
917	916		each Member State shall enforce this Compact and take all actions necessary 2
918	917		and appropriate to implement the Compact. 3
919	918		2. Except as otherwise provided in this Compact, venue is proper 4
920	919		and judicial proceedings by or against the Commission shall be brought solely 5
921	920		and exclusively in a court of competent jurisdiction where the principal 6
922	921		office of the Commission is located. The Commission may waive venue and 7
923	922		jurisdictional defenses to the extent it adopts or consents to participate in 8
924	923		alternative dispute resolution proceedings. Nothing herein shall affect or 9
925	924		limit the selection or propriety of venue in any action against a Licensee 10
926	925		for professional malpractice, misconduct or any such similar matter. 11
927	926		3. The Commission shall be entitled to receive service of 12
928	927		process in any proceeding regarding the enforcement or interpretation of the 13
929	928		Compact and shall have standing to intervene in such a proceeding for all 14
930	929		purposes. Failure to provide the Commission service of process shall render a 15
931	930		judgment or order void as to the Commission, this Compact, or promulgated 16
932	931		Rules. 17
933	932		B. Default, Technical Assistance, and Termination 18
934	933		1. If the Commission determines that a Member State has 19
935	934		defaulted in the performance of its obligations or responsibilities under 20
936	935		this Compact or the promulgated Rules, the Commission shall provide written 21
937	936		notice to the defaulting State. The notice of default shall describe the 22
938	937		default, the proposed means of curing the default, and any other action that 23
939	938		the Commission may take, and shall offer training and specific technical 24
940	939		assistance regarding the default. 25
941	940		2. The Commission shall provide a copy of the notice of default 26
942	941		to the other Member States. 27
943	942		C. If a State in default fails to cure the default, the defaulting 28
944	943		State may be terminated from the Compact upon an affirmative vote of a 29
945	944		majority of the delegates of the Member States, and all rights, privileges 30
946	945		and benefits conferred on that State by this Compact may be terminated on the 31
947	946		effective date of termination. A cure of the default does not relieve the 32
948	947		offending State of obligations or liabilities incurred during the period of 33
949	948		default. 34
950	949		D. Termination of membership in the Compact shall be imposed only 35
951	950		after all other means of securing compliance have been exhausted. Notice of 36 HB1712
952	951
953	952		26 03/07/2025 3:25:10 PM JMB393
954	953		intent to suspend or terminate shall be given by the Commission to the 1
955	954		governor, the majority and minority leaders of the defaulting State’s 2
956	955		legislature, the defaulting State’s State Licensing Authority and each of the 3
957	956		Member States’ State Licensing Authority. 4
958	957		E. A State that has been terminated is responsible for all 5
959	958		assessments, obligations, and liabilities incurred through the effective date 6
960	959		of termination, including obligations that extend beyond the effective date 7
961	960		of termination. 8
962	961		F. Upon the termination of a State’s membership from this Compact, 9
963	962		that State shall immediately provide notice to all Licensees within that 10
964	963		State of such termination. The terminated State shall continue to recognize 11
965	964		all licenses granted pursuant to this Compact for a minimum of six (6) months 12
966	965		after the date of said notice of termination. 13
967	966		G. The Commission shall not bear any costs related to a State that is 14
968	967		found to be in default or that has been terminated from the Compact, unless 15
969	968		agreed upon in writing between the Commission and the defaulting State. 16
970	969		H. The defaulting State may appeal the action of the Commission by 17
971	970		petitioning the U.S. District Court for the District of Columbia or the 18
972	971		federal district where the Commission has its principal offices. The 19
973	972		prevailing party shall be awarded all costs of such litigation, including 20
974	973		reasonable attorney’s fees. 21
975	974		I. Dispute Resolution 22
976	975		1. Upon request by a Member State, the Commission shall attempt 23
977	976		to resolve disputes related to the Compact that arise among Member States and 24
978	977		between Member and non -Member States. 25
979	978		2. The Commission shall promulgate a Rule providing for both 26
980	979		mediation and binding dispute resolution for disputes as appropriate. 27
981	980		J. Enforcement 28
982	981		1. By majority vote as provided by Rule, the Commission may 29
983	982		initiate legal action against a Member State in default in the United States 30
984	983		District Court for the District of Columbia or the federal district where the 31
985	984		Commission has its principal offices to enforce compliance with the 32
986	985		provisions of the Compact and its promulgated Rules. The relief sought may 33
987	986		include both injunctive relief and damages. In the event judicial enforcement 34
988	987		is necessary, the prevailing party shall be awarded all costs of such 35
989	988		litigation, including reasonable attorney’s fees. The remedies herein shall 36 HB1712
990	989
991	990		27 03/07/2025 3:25:10 PM JMB393
992	991		not be the exclusive remedies of the Commission. The Commission may pursue 1
993	992		any other remedies available under federal or the defaulting Member State’s 2
994	993		law. 3
995	994		2. A Member State may initiate legal action against the 4
996	995		Commission in the U.S. District Court for the District of Columbia or the 5
997	996		federal district where the Commission has its principal offices to enforce 6
998	997		compliance with the provisions of the Compact and its promulgated Rules. The 7
999	998		relief sought may include both injunctive relief and damages. In the event 8
1000	999		judicial enforcement is necessary, the prevailing party shall be awarded all 9
1001	1000		costs of such litigation, including reasonable attorney’s fees. 10
1002	1001		3. No person other than a Member State shall enforce this 11
1003	1002		Compact against the Commission. 12
1004	1003		13
1005	1004		SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 14
1006	1005		A. The Compact shall come into effect on the date on which the Compact 15
1007	1006		statute is enacted into law in the seventh Member State. 16
1008	1007		1. On or after the effective date of the Compact, the Commission 17
1009	1008		shall convene and review the enactment of each of the first seven Member 18
1010	1009		States (“Charter Member States”) to determine if the statute enacted by each 19
1011	1010		such Charter Member State is materially different than the model Compact 20
1012	1011		statute. 21
1013	1012		a. A Charter Member State whose enactment is found to be 22
1014	1013		materially different from the model Compact statute shall be entitled to the 23
1015	1014		default process set forth in Section 13. 24
1016	1015		b. If any Member State is later found to be in default, or 25
1017	1016		is terminated or withdraws from the Compact, the Commission shall remain in 26
1018	1017		existence and the Compact shall remain in effect even if the number of Member 27
1019	1018		States should be less than seven. 28
1020	1019		2. Member States enacting the Compact subsequent to the seven 29
1021	1020		initial Charter Member States shall be subject to the process set forth in 30
1022	1021		Section 10.C.21. to determine if their enactments are materially different 31
1023	1022		from the model Compact statute and whether they qualify for participation in 32
1024	1023		the Compact. 33
1025	1024		3. All actions taken for the benefit of the Commission or in 34
1026	1025		furtherance of the purposes of the administration of the Compact prior to the 35
1027	1026		effective date of the Compact or the Commission coming into existence shall 36 HB1712
1028	1027
1029	1028		28 03/07/2025 3:25:10 PM JMB393
1030	1029		be considered to be actions of the Commission unless specifically repudiated 1
1031	1030		by the Commission. 2
1032	1031		4. Any State that joins the Compact subsequent to the 3
1033	1032		Commission’s initial adoption of the Rules and bylaws shall be subject to the 4
1034	1033		Rules and bylaws as they exist on the date on which the Compact becomes law 5
1035	1034		in that State. Any Rule that has been previously adopted by the Commission 6
1036	1035		shall have the full force and effect of law on the day the Compact becomes 7
1037	1036		law in that State. 8
1038	1037		B. Any Member State may withdraw from this Compact by enacting a 9
1039	1038		statute repealing the same. 10
1040	1039		1. A Member State’s withdrawal shall not take effect until 180 11
1041	1040		days after enactment of the repealing statute. 12
1042	1041		2. Withdrawal shall not affect the continuing requirement of the 13
1043	1042		withdrawing State’s Licensing Authority to comply with the investigative and 14
1044	1043		Adverse Action reporting requirements of this Compact prior to the effective 15
1045	1044		date of withdrawal. 16
1046	1045		3. Upon the enactment of a statute withdrawing from this 17
1047	1046		compact, a State shall immediately provide notice of such withdrawal to all 18
1048	1047		Licensees within that State. Notwithstanding any subsequent statutory 19
1049	1048		enactment to the contrary, such withdrawing State shall continue to recognize 20
1050	1049		all licenses granted pursuant to this compact for a minimum of 180 days after 21
1051	1050		the date of such notice of withdrawal. 22
1052	1051		C. Nothing contained in this Compact shall be construed to invalidate 23
1053	1052		or prevent any licensure agreement or other cooperative arrangement between a 24
1054	1053		Member State and a non -Member State that does not conflict with the 25
1055	1054		provisions of this Compact. 26
1056	1055		D. This Compact may be amended by the Member States. No amendment to 27
1057	1056		this Compact shall become effective and binding upon any Member State until 28
1058	1057		it is enacted into the laws of all Member States. 29
1059	1058		30
1060	1059		SECTION 15. CONSTRUCTION AND SEVERABILITY 31
1061	1060		A. This Compact and the Commission’s rulemaking authority shall be 32
1062	1061		liberally construed so as to effectuate the purposes, and the implementation 33
1063	1062		and administration of the Compact. Provisions of the Compact expressly 34
1064	1063		authorizing or requiring the promulgation of Rules shall not be construed to 35
1065	1064		limit the Commission’s rulemaking authority solely for those purposes. 36 HB1712
1066	1065
1067	1066		29 03/07/2025 3:25:10 PM JMB393
1068	1067		B. The provisions of this Compact shall be severable and if any 1
1069	1068		phrase, clause, sentence or provision of this Compact is held by a court of 2
1070	1069		competent jurisdiction to be contrary to the constitution of any Member 3
1071	1070		State, a State seeking participation in the Compact, or of the United States, 4
1072	1071		or the applicability thereof to any government, agency, person or 5
1073	1072		circumstance is held to be unconstitutional by a court of competent 6
1074	1073		jurisdiction, the validity of the remainder of this Compact and the 7
1075	1074		applicability thereof to any other government, agency, person or circumstance 8
1076	1075		shall not be affected thereby. 9
1077	1076		C. Notwithstanding subsection B. of this section, the Commission may 10
1078	1077		deny a State’s participation in the Compact or, in accordance with the 11
1079	1078		requirements of Section 13.B., terminate a Member State’s participation in 12
1080	1079		the Compact, if it determines that a constitutional requirement of a Member 13
1081	1080		State is a material departure from the Compact. Otherwise, if this Compact 14
1082	1081		shall be held to be contrary to the constitution of any Member State, the 15
1083	1082		Compact shall remain in full force and effect as to the remaining Member 16
1084	1083		States and in full force and effect as to the Member State affected as to all 17
1085	1084		severable matters. 18
1086	1085		19
1087	1086		SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 20
1088	1087		A. A Licensee providing services in a Remote State under a Multistate 21
1089	1088		Authorization to Practice shall adhere to the laws and regulations, including 22
1090	1089		laws, regulations, and applicable standards, of the Remote State where the 23
1091	1090		client is located at the time care is rendered. 24
1092	1091		B. Nothing herein shall prevent or inhibit the enforcement of any 25
1093	1092		other law of a Member State that is not inconsistent with the Compact. 26
1094	1093		C. Any laws, statutes, regulations, or other legal requirements in a 27
1095	1094		Member State in conflict with the Compact are superseded to the extent of the 28
1096	1095		conflict. 29
1097	1096		D. All permissible agreements between the Commission and the Member 30
1098	1097		States are binding in accordance with their terms. 31
1099	1098		32
1100	1099		17-103-402. Administration of compact. 33
1101	1100		(a) The Arkansas Social Work Licensing Board is the Social Work 34
1102	1101		Licensure Compact administrator for this state. 35
1103	1102		(b) The board may adopt rules that are consistent with the Social Work 36 HB1712
1104	1103
1105	1104		30 03/07/2025 3:25:10 PM JMB393
1106	1105		Licensure Compact necessary to implement this subchapter. 1
1107	1106		(c) The board is not required to adopt the rules of the Social Work 2
1108	1107		Licensure Compact Commission for those rules to be effective in this state. 3
1109	1108		(d) For the purposes of the member state's ability to reject a rule 4
1110	1109		under Section 12(D) of the Social Work Licensure Compact, Arkansas delegates 5
1111	1110		its authority in this provision to the General Assembly or the Legislative 6
1112	1111		Council. 7
1113	1112		8
1114	1113		9
1115		-	~~APPROVED: 4/16/25~~ 10
	1114	+	10
1116	1115		11
1117	1116		12
1118	1117		13
1119	1118		14
1120	1119		15
1121	1120		16
1122	1121		17
1123	1122		18
1124	1123		19
1125	1124		20
1126	1125		21
1127	1126		22
1128	1127		23
1129	1128		24
1130	1129		25
1131	1130		26
1132	1131		27
1133	1132		28
1134	1133		29
1135	1134		30
1136	1135		31
1137	1136		32
1138	1137		33
1139	1138		34
1140	1139		35
1141	1140		36