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General Assembly Raised Bill No. 5197
February Session, 2024
LCO No. 1358
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING SOCIAL WORKERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) The Social Work Licensure 1
Compact is hereby enacted into law and entered into by the state of 2
Connecticut with any and all jurisdictions legally joining therein in 3
accordance with its terms. The compact is substantially as follows: 4
SOCIAL WORK LICENSURE COMPACT 5
SECTION 1. PURPOSE 6
The purpose of the compact is to facilitate interstate practice of 7
regulated social workers by improving public access to competent social 8
work services. The compact preserves the regulatory authority of states 9
to protect public health and safety through the current system of state 10
licensure. The compact is designed to achieve the following objectives: 11
(1) Increase public access to social work services; 12
(2) Reduce overly burdensome and duplicative requirements 13 Raised Bill No. 5197
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associated with holding multiple licenses; 14
(3) Enhance the member states' ability to protect public health and 15
safety; 16
(4) Encourage the cooperation of member states in regulating 17
multistate practice; 18
(5) Promote mobility and address workforce shortages by eliminating 19
the necessity for licenses in multiple states by providing for the mutual 20
recognition of other member states' licenses; 21
(6) Support military families; 22
(7) Facilitate the exchange of licensure and disciplinary information 23
among member states; 24
(8) Authorize all member states to hold a regulated social worker 25
accountable for abiding by a member state's laws, regulations and 26
applicable professional standards in the member state in which the 27
client is located at the time care is rendered; and 28
(9) Allow for the use of telehealth to facilitate increased access to 29
regulated social work services. 30
SECTION 2. DEFINITIONS 31
As used in the compact, except as otherwise provided: 32
(1) "Active military member" means any individual with full-time 33
duty status in the active armed forces of the United States, including, 34
but not limited to, members of the National Guard and Reserve. 35
(2) "Adverse action" means any administrative, civil, equitable or 36
criminal action permitted by a state's laws that is imposed by a licensing 37
authority or other authority against a regulated social worker, including 38
actions against an individual's license or multistate authorization to 39
practice, including, but not limited to, revocation, suspension, 40
probation, monitoring of the licensee, limitation on the licensee's 41 Raised Bill No. 5197
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practice or any other encumbrance on licensure affecting a regulated 42
social worker's authorization to practice, including, but not limited to, 43
the issuance of a cease and desist action. 44
(3) "Alternative program" means a nondisciplinary monitoring or 45
practice remediation process approved by a licensing authority to 46
address practitioners with an impairment. 47
(4) "Charter member state" means a member state that has enacted 48
legislation to adopt the compact, which legislation predates the effective 49
date of the compact as described in section 14 of the compact. 50
(5) "Compact" means the Social Work Licensure Compact enacted 51
into law and entered into by the state pursuant to this section. 52
(6) "Compact commission" or "commission" means the government 53
agency described in section 10 of the compact as the Social Work 54
Licensure Compact Commission whose membership consists of all 55
states that have enacted the compact and that operates as an 56
instrumentality of the member states. 57
(7) "Current significant investigative information" means 58
investigative information that: 59
(A) A licensing authority, after a preliminary inquiry that includes 60
notification and an opportunity for the regulated social worker to 61
respond, has reason to believe is not groundless and, if proved true, 62
would indicate more than a minor infraction, as may be defined by the 63
commission; or 64
(B) Indicates that the regulated social worker represents an 65
immediate threat to public health and safety, as may be defined by the 66
commission, regardless of whether the regulated social worker has been 67
notified and has had an opportunity to respond. 68
(8) "Data system" means a repository of information about licensees, 69
including, continuing education, examination, licensure, current 70
significant investigative information, disqualifying events, multistate 71 Raised Bill No. 5197
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license and adverse action information or other information as required 72
by the commission. 73
(9) "Disqualifying event" means any adverse action or incident that 74
results in an encumbrance that disqualifies or makes the licensee 75
ineligible to either obtain, retain or renew a multistate license. 76
(10) "Domicile" means the jurisdiction in which the licensee resides 77
and intends to remain indefinitely. 78
(11) "Encumbrance" means a revocation or suspension of, or any 79
limitation on, the full and unrestricted practice of social work licensed 80
and regulated by a licensing authority. 81
(12) "Executive committee" means a group of delegates elected or 82
appointed to act on behalf of, and within the powers granted to them 83
by, the compact and commission. 84
(13) "Home state" means the member state that is the licensee's 85
primary domicile. 86
(14) "Impairment" means a condition that may impair a practitioner's 87
ability to engage in full and unrestricted practice as a regulated social 88
worker without some type of intervention and may include alcohol and 89
drug dependence, a mental health impairment or a neurological or 90
physical impairment. 91
(15) "Licensee" means an individual who holds a license from a state 92
to practice as a regulated social worker. 93
(16) "Licensing authority" means the board or agency of a member 94
state, or the equivalent, that is responsible for the licensing and 95
regulation of regulated social workers. 96
(17) "Member state" means a state, commonwealth, district or 97
territory of the United States that has enacted the compact. 98
(18) "Multistate authorization to practice" means a legally authorized 99 Raised Bill No. 5197
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privilege to practice that is equivalent to a license and associated with a 100
multistate license permitting the practice of social work in a remote 101
state. 102
(19) "Multistate license" means a license to practice as a regulated 103
social worker issued by a home state licensing authority that authorizes 104
the regulated social worker to practice in all member states under 105
multistate authorization to practice. 106
(20) "Qualifying national exam" means a national licensing 107
examination approved by the commission. 108
(21) "Regulated social worker" means any clinical, master's or 109
bachelor's social worker licensed by a member state regardless of the 110
title used by such member state. 111
(22) "Remote state" means a member state other than the licensee's 112
home state. 113
(23) "Rule" or "rule of the commission" means a regulation or 114
regulations duly promulgated by the commission, as authorized by the 115
compact, that has the force of law. 116
(24) "Single state license" means a social work license issued by any 117
state that authorizes practice only within the issuing state and does not 118
include multistate authorization to practice in any member state. 119
(25) "Social work" or "social work services" means the application of 120
social work theory, knowledge, methods, ethics and the professional use 121
of self to restore or enhance social, psychosocial or biopsychosocial 122
functioning of individuals, couples, families, groups, organizations and 123
communities through the care and services provided by a regulated 124
social worker as set forth in the member state's statutes and regulations 125
in the state where the services are being provided. 126
(26) "State" means any state, commonwealth, district or territory of 127
the United States that regulates the practice of social work. 128 Raised Bill No. 5197
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(27) "Unencumbered license" means a license that authorizes a 129
regulated social worker to engage in the full and unrestricted practice of 130
social work. 131
SECTION 3. STATE PARTICIPATION IN THE COMPACT 132
(a) To be eligible to participate in the compact, a potential member 133
state shall: 134
(1) License and regulate the practice of social work at either the 135
clinical, master's or bachelor's category; 136
(2) Require applicants for licensure to graduate from a program that 137
is: 138
(A) Operated by a college or university recognized by the licensing 139
authority; 140
(B) Accredited, or in candidacy by an institution that subsequently 141
becomes accredited, by an accrediting agency recognized by either: 142
(i) The Council for Higher Education Accreditation, or its successor; 143
or 144
(ii) The United States Department of Education; and 145
(C) Corresponds to the licensure sought as outlined in section 4 of the 146
compact; 147
(3) Require applicants for clinical licensure to complete a period of 148
supervised practice; and 149
(4) Have a mechanism in place for receiving, investigating and 150
adjudicating complaints about licensees. 151
(b) To maintain membership in the compact, a member state shall: 152
(1) Require that applicants for a multistate license pass a qualifying 153
national exam for the corresponding category of multistate license 154 Raised Bill No. 5197
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sought as outlined in section 4 of the compact; 155
(2) Participate fully in the commission's data system, including using 156
the commission's unique identifier as defined in the rules of the 157
commission; 158
(3) Notify the commission, in compliance with the terms of the 159
compact and rules, of any adverse action or the availability of current 160
significant investigative information regarding a licensee; 161
(4) Implement procedures for considering the criminal history 162
records of applicants for a multistate license, which procedures shall 163
include the submission of fingerprints or other biometric-based 164
information by applicants for the purpose of obtaining an applicant's 165
criminal history record information from the Federal Bureau of 166
Investigation and the agency responsible for retaining such state's 167
criminal records; 168
(5) Comply with the rules of the commission; 169
(6) Require an applicant to obtain or retain a license in the home state 170
and meet the home state's qualifications for licensure or renewal of 171
licensure, as well as all other applicable home state laws; 172
(7) Authorize a licensee holding a multistate license in any member 173
state to practice in accordance with the terms of the compact and rules 174
of the commission; and 175
(8) Designate a delegate to participate in the commission meetings. 176
(c) A member state meeting the requirements of subsections (a) and 177
(b) of this section of the compact shall designate the categories of social 178
work licensure that are eligible for issuance of a multistate license for 179
applicants in such member state. To the extent that any member state 180
does not meet the requirements for participation in the compact at any 181
particular category of social work licensure, such member state may 182
choose to issue a multistate license to applicants that otherwise meet the 183
requirements of section 4 of the compact for issuance of a multistate 184 Raised Bill No. 5197
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license in such category or categories of licensure. 185
(d) The home state may charge a fee for granting the multistate 186
license. 187
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE 188
COMPACT 189
(a) To be eligible for a multistate license under the terms and 190
provisions of the compact, an applicant, regardless of category shall: 191
(1) Hold or be eligible for an active, unencumbered license in the 192
home state; 193
(2) Pay any applicable fees, including any state fee, for the multistate 194
license; 195
(3) Submit, in connection with an application for a multistate license, 196
fingerprints or other biometric data for the purpose of obtaining 197
criminal history record information from the Federal Bureau of 198
Investigation and the agency responsible for retaining such state's 199
criminal records; 200
(4) Notify the home state of any adverse action, encumbrance or 201
restriction on any professional license taken by any member state or 202
non-member state not later than thirty days after the date the action has 203
been taken; 204
(5) Meet any continuing competence requirements established by the 205
home state; and 206
(6) Abide by the laws, regulations and applicable standards in the 207
member state where the client is located at the time care is rendered. 208
(b) An applicant for a clinical-category multistate license shall meet 209
all of the following requirements: 210
(1) Fulfill a competency requirement that shall be satisfied by either: 211 Raised Bill No. 5197
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(A) Passage of a clinical-category qualifying national exam; 212
(B) Licensure of the applicant in the applicant's home state at the 213
clinical category, beginning prior to such time as a qualifying national 214
exam was required by the home state and accompanied by a period of 215
continuous social work licensure thereafter, all of which may be further 216
governed by the rules of the commission; or 217
(C) The substantial equivalency of the foregoing competency 218
requirements that the commission may determine by rule. 219
(2) Attain at least a master's degree in social work from a program 220
that is: 221
(A) Operated by a college or university recognized by the licensing 222
authority; and 223
(B) Accredited, or in candidacy that subsequently becomes 224
accredited, by an accrediting agency recognized by either: 225
(i) The Council for Higher Education Accreditation, or its successor; 226
or 227
(ii) The United States Department of Education. 228
(3) Fulfill a practice requirement that shall be satisfied by 229
demonstrating completion of either: 230
(A) A period of postgraduate supervised clinical practice equal to a 231
minimum of three thousand hours; 232
(B) A minimum of two years of full-time postgraduate supervised 233
clinical practice; or 234
(C) The substantial equivalency of the foregoing practice 235
requirements that the commission may determine by rule. 236
(c) An applicant for a master's-category multistate license shall meet 237
all of the following requirements: 238 Raised Bill No. 5197
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(1) Fulfill a competency requirement that shall be satisfied by either: 239
(A) Passage of a master's-category qualifying national exam; 240
(B) Licensure of the applicant in the applicant's home state at the 241
master's category, beginning prior to such time as a qualifying national 242
exam was required by the home state at the master's category and 243
accompanied by a continuous period of social work licensure thereafter, 244
all of which may be further governed by the rules of the commission; or 245
(C) The substantial equivalency of the foregoing competency 246
requirements that the commission may determine by rule. 247
(2) Attain at least a master's degree in social work from a program 248
that is: 249
(A) Operated by a college or university recognized by the licensing 250
authority; and 251
(B) Accredited, or in candidacy that subsequently becomes 252
accredited, by an accrediting agency recognized by either: 253
(i) The Council for Higher Education Accreditation or its successor; 254
or 255
(ii) The United States Department of Education. 256
(d) An applicant for a bachelor's-category multistate license shall 257
meet all of the following requirements: 258
(1) Fulfill a competency requirement that shall be satisfied by either: 259
(A) Passage of a bachelor's-category qualifying national exam; 260
(B) Licensure of the applicant in the applicant's home state at the 261
bachelor's category, beginning prior to such time as a qualifying 262
national exam was required by the home state and accompanied by a 263
period of continuous social work licensure thereafter, all of which may 264
be further governed by the rules of the commission; or 265 Raised Bill No. 5197
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(C) The substantial equivalency of the foregoing competency 266
requirements that the commission may determine by rule. 267
(2) Attain at least a bachelor's degree in social work from a program 268
that is: 269
(A) Operated by a college or university recognized by the licensing 270
authority; and 271
(B) Accredited, or in candidacy that subsequently becomes 272
accredited, by an accrediting agency recognized by either: 273
(i) The Council for Higher Education Accreditation or its successor; 274
or 275
(ii) The United States Department of Education. 276
(e) The multistate license for a regulated social worker is subject to 277
the renewal requirements of the home state. The regulated social worker 278
shall maintain compliance with the requirements of subsection (a) of 279
this section of the compact to be eligible to renew a multistate license. 280
(f) The regulated social worker's services in a remote state are subject 281
to such member state's regulatory authority. A remote state may, in 282
accordance with due process and such member state's laws, remove a 283
regulated social worker's multistate authorization to practice in the 284
remote state for a specific period of time, impose fines and take any 285
other necessary actions to protect the health and safety of its citizens. 286
(g) If a multistate license is encumbered, the regulated social worker's 287
multistate authorization to practice shall be deactivated in all remote 288
states until the multistate license is no longer encumbered. 289
(h) If a multistate authorization to practice is encumbered in a remote 290
state, the regulated social worker's multistate authorization to practice 291
may be deactivated in such state until the multistate authorization to 292
practice is no longer encumbered. 293 Raised Bill No. 5197
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SECTION 5. ISSUANCE OF A MULTISTATE LICENSE 294
(a) Upon receipt of an application for multistate license, the home 295
state licensing authority shall determine the applicant's eligibility for a 296
multistate license in accordance with section 4 of the compact. 297
(b) If such applicant is eligible pursuant to section 4 of the compact, 298
the home state licensing authority shall issue a multistate license that 299
authorizes the applicant or regulated social worker to practice in all 300
member states under a multistate authorization to practice. 301
(c) Upon issuance of a multistate license, the home state licensing 302
authority shall designate whether the regulated social worker holds a 303
multistate license in the bachelor's, master's or clinical category of social 304
work. 305
(d) A multistate license issued by a home state to a resident in such 306
state shall be recognized by all compact member states as authorizing 307
social work practice under a multistate authorization to practice 308
corresponding to each category of licensure regulated in each member 309
state. 310
SECTION 6. AUTHORITY OF INTERSTATE COMPACT 311
COMMISSION AND MEMBER STATE LICENSING AUTHORITIES 312
(a) Nothing in the compact, or any rule of the commission, shall be 313
construed to limit, restrict or in any way reduce the ability of a member 314
state to enact and enforce laws, regulations or other rules related to the 315
practice of social work in such state, where such laws, regulations or 316
other rules are not inconsistent with the provisions of the compact. 317
(b) Nothing in the compact shall affect the requirements established 318
by a member state for the issuance of a single state license. 319
(c) Nothing in the compact, or any rule of the commission, shall be 320
construed to limit, restrict or in any way reduce the ability of a member 321
state to take adverse action against a licensee's single state license to 322
practice social work in such state. 323 Raised Bill No. 5197
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(d) Nothing in the compact, or any rule of the commission, shall be 324
construed to limit, restrict or in any way reduce the ability of a remote 325
state to take adverse action against a licensee's multistate authorization 326
to practice in such state. 327
(e) Nothing in the compact, or any rule of the commission, shall be 328
construed to limit, restrict or in any way reduce the ability of a licensee's 329
home state to take adverse action against a licensee's multistate license 330
based upon information provided by a remote state. 331
SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A 332
NEW HOME STATE 333
(a) A licensee may hold a multistate license, issued by the licensee's 334
home state, in only one member state at any given time. 335
(b) If a licensee changes the licensee's home state by moving between 336
two member states: 337
(1) The licensee shall immediately apply for the reissuance of the 338
licensee's multistate license in the licensee's new home state. The 339
licensee shall pay all applicable fees and notify the prior home state in 340
accordance with the rules of the commission. 341
(2) Upon receipt of an application to reissue a multistate license, the 342
new home state shall verify that the multistate license is active, 343
unencumbered and eligible for reissuance under the terms of the 344
compact and the rules of the commission. The multistate license issued 345
by the prior home state shall be deactivated and all member states shall 346
be notified in accordance with the applicable rules adopted by the 347
commission. 348
(3) Prior to the reissuance of the multistate license, the new home 349
state shall conduct procedures for considering the criminal history 350
records of the licensee. Such procedures shall include the submission of 351
fingerprints or other biometric-based information by applicants for the 352
purpose of obtaining an applicant's criminal history record information 353 Raised Bill No. 5197
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from the Federal Bureau of Investigation and the agency responsible for 354
retaining such state's criminal records. 355
(4) If required for initial licensure, the new home state may require 356
completion of jurisprudence requirements in the new home state. 357
(5) Notwithstanding any other provision of the compact, if a licensee 358
does not meet the requirements set forth in the compact for the 359
reissuance of a multistate license by the new home state, then the 360
licensee shall be subject to the new home state requirements for the 361
issuance of a single state license in such state. 362
(c) If a licensee changes the licensee's primary state of residence by 363
moving from a member state to a nonmember state, or from a 364
nonmember state to a member state, then the licensee shall be subject to 365
the state requirements for the issuance of a single state license in the new 366
home state. 367
(d) Nothing in the compact shall interfere with a licensee's ability to 368
hold a single state license in multiple states. For the purposes of the 369
compact, a licensee shall have only one home state and only one 370
multistate license. 371
(e) Nothing in the compact shall interfere with the requirements 372
established by a member state for the issuance of a single state license. 373
SECTION 8. MILITARY FAMILIES 374
An active military member or the active military member's spouse 375
shall designate a home state where the individual has a multistate 376
license. The individual may retain the individual's home state 377
designation during the period the service member is on active duty. 378
SECTION 9. ADVERSE ACTIONS 379
(a) In addition to the other powers conferred by state law, a remote 380
state shall have the authority, in accordance with state due process law, 381
to: 382 Raised Bill No. 5197
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(1) Take adverse action against a regulated social worker's multistate 383
authorization to practice only within such member state, and issue 384
subpoenas for both hearings and investigations that require the 385
attendance and testimony of witnesses as well as the production of 386
evidence. Subpoenas issued by a licensing authority in a member state 387
for the attendance and testimony of witnesses or the production of 388
evidence from another member state shall be enforced in the latter state 389
by any court of competent jurisdiction, according to the practice and 390
procedure of that court applicable to subpoenas issued in proceedings 391
pending before it. The issuing licensing authority shall pay any witness 392
fees, travel expenses, mileage and other fees required by the service 393
statutes of the state in which the witnesses or evidence are located. 394
(2) Only the home state shall have the power to take adverse action 395
against a regulated social worker's multistate license. 396
(b) For purposes of taking adverse action, the home state shall give 397
the same priority and effect to reported conduct received from a 398
member state as it would if the conduct had occurred within the home 399
state. In so doing, the home state shall apply its own state laws to 400
determine appropriate action. 401
(c) The home state shall complete any pending investigations of a 402
regulated social worker who changes the regulated social worker's 403
home state during the course of the investigations. The home state shall 404
also have the authority to take appropriate action and shall promptly 405
report the conclusions of the investigations to the administrator of the 406
data system. The administrator of the data system shall promptly notify 407
the new home state of any adverse actions. 408
(d) A member state, if otherwise permitted by state law, may recover 409
from the affected regulated social worker the costs of investigations and 410
dispositions of cases resulting from any adverse action taken against 411
such regulated social worker. 412
(e) A member state may take adverse action based on the factual 413
findings of another member state, provided that the member state 414 Raised Bill No. 5197
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follows its own procedures for taking the adverse action. 415
(f) Joint investigations: 416
(1) In addition to the authority granted to a member state by its 417
respective social work practice act or other applicable state law, any 418
member state may participate with other member states in joint 419
investigations of licensees. 420
(2) Member states shall share any investigative, litigation or 421
compliance materials in furtherance of any joint or individual 422
investigation initiated under the compact. 423
(g) If adverse action is taken by the home state against the multistate 424
license of a regulated social worker, the regulated social worker's 425
multistate authorization to practice in all other member states shall be 426
deactivated until all encumbrances have been removed from the 427
multistate license. All home state disciplinary orders that impose 428
adverse action against the license of a regulated social worker shall 429
include a statement that the regulated social worker's multistate 430
authorization to practice is deactivated in all member states until all 431
conditions of the decision, order or agreement are satisfied. 432
(h) If a member state takes adverse action, it shall promptly notify the 433
administrator of the data system. The administrator of the data system 434
shall promptly notify the home state and all other member states of any 435
adverse actions by remote states. 436
(i) Nothing in the compact shall override a member state's decision 437
that participation in an alternative program may be used in lieu of 438
adverse action. 439
(j) Nothing in the compact shall authorize a member state to demand 440
the issuance of subpoenas for attendance and testimony of witnesses or 441
the production of evidence from another member state for lawful 442
actions within such member state. 443
(k) Nothing in the compact shall authorize a member state to impose 444 Raised Bill No. 5197
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discipline against a regulated social worker who holds a multistate 445
authorization to practice for lawful actions within another member 446
state. 447
SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE 448
COMPACT COMMISSION 449
(a) The compact member states hereby create and establish a joint 450
government agency whose membership consists of all member states 451
that have enacted the compact known as the Social Work Licensure 452
Compact Commission. The commission is an instrumentality of the 453
compact states acting jointly and not an instrumentality of any one state. 454
The commission shall come into existence on or after the effective date 455
of the compact as set forth in section 14 of the compact. 456
(b) Membership, voting and meetings: 457
(1) Each member state shall have and be limited to one delegate 458
selected by such member state's state licensing authority. 459
(2) The delegate shall be either: 460
(A) A current member of the state licensing authority at the time of 461
appointment, who is a regulated social worker or public member of the 462
state licensing authority; or 463
(B) An administrator of the state licensing authority, or the 464
administrator's designee. 465
(3) The commission shall by rule or bylaw establish a term of office 466
for delegates and may by rule or bylaw establish term limits. 467
(4) The commission may recommend removal or suspension of any 468
delegate from office. 469
(5) A member state's licensing authority shall fill any vacancy of its 470
delegate occurring on the commission not later than sixty days after the 471
vacancy. 472 Raised Bill No. 5197
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(6) Each delegate shall be entitled to one vote on all matters before 473
the commission requiring a vote by commission delegates. 474
(7) A delegate shall vote in person or by such other means as 475
provided in the bylaws. The bylaws may provide for delegates to meet 476
by telecommunication, video conference or other means of 477
communication. 478
(8) The commission shall meet at least once during each calendar 479
year. Additional meetings may be held as set forth in the bylaws. The 480
commission may meet by telecommunication, video conference or other 481
similar electronic means. 482
(c) The commission shall have the following powers: 483
(1) Establish the fiscal year of the commission; 484
(2) Establish code of conduct and conflict of interest policies; 485
(3) Establish and amend rules and bylaws; 486
(4) Maintain its financial records in accordance with the bylaws; 487
(5) Meet and take such actions as are consistent with the provisions 488
of the compact, the commission's rules and the bylaws; 489
(6) Initiate and conclude legal proceedings or actions in the name of 490
the commission, provided the standing of any state licensing board to 491
sue or be sued under applicable law shall not be affected; 492
(7) Maintain and certify records and information provided to a 493
member state as the authenticated business records of the commission, 494
and designate an agent to do so on the commission's behalf; 495
(8) Purchase and maintain insurance and bonds; 496
(9) Borrow, accept or contract for services of personnel, including, but 497
not limited to, employees of a member state; 498 Raised Bill No. 5197
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(10) Conduct an annual financial review; 499
(11) Hire employees, elect or appoint officers, fix compensation, 500
define duties, grant such individuals appropriate authority to carry out 501
the purposes of the compact and establish the commission's personnel 502
policies and programs relating to conflicts of interest, qualifications of 503
personnel and other related personnel matters; 504
(12) Assess and collect fees; 505
(13) Accept any and all appropriate gifts, donations, grants of money, 506
other sources of revenue, equipment, supplies, materials and services, 507
and receive, utilize and dispose of the same, provided, at all times, the 508
commission shall avoid any appearance of impropriety or conflict of 509
interest; 510
(14) Lease, purchase, retain, own, hold, improve or use any property, 511
real, personal or mixed or any undivided interest therein; 512
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon or 513
otherwise dispose of any property real, personal or mixed; 514
(16) Establish a budget and make expenditures; 515
(17) Borrow money; 516
(18) Appoint committees, including standing committees, composed 517
of members, state regulators, state legislators, or their representatives, 518
and consumer representatives, and such other interested persons as 519
may be designated in the compact and the bylaws; 520
(19) Provide and receive information from, and cooperate with, law 521
enforcement agencies; 522
(20) Establish and elect an executive committee, including a 523
chairperson and a vice-chairperson; 524
(21) Determine whether a state's adopted language is materially 525
different from the model compact language such that the state would 526 Raised Bill No. 5197
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not qualify for participation in the compact; and 527
(22) Perform such other functions as may be necessary or appropriate 528
to achieve the purposes of the compact. 529
(d) The executive committee: 530
(1) The executive committee shall have the power to act on behalf of 531
the commission according to the terms of the compact. The powers, 532
duties and responsibilities of the executive committee shall include: 533
(A) Oversee the day-to-day activities of the administration of the 534
compact, including enforcement and compliance with the provisions of 535
the compact, its rules and bylaws and other such duties as deemed 536
necessary; 537
(B) Recommend to the commission changes to the rules or bylaws, 538
changes to the compact legislation, fees charged to compact member 539
states, fees charged to licensees and other fees; 540
(C) Ensure compact administration services are appropriately 541
provided, including by contract; 542
(D) Prepare and recommend the budget; 543
(E) Maintain financial records on behalf of the commission; 544
(F) Monitor compact compliance of member states and provide 545
compliance reports to the commission; 546
(G) Establish additional committees as necessary; 547
(H) Exercise the powers and duties of the commission during the 548
interim between commission meetings, except for adopting or 549
amending rules, adopting or amending bylaws and exercising any other 550
powers and duties expressly reserved to the commission by rule or 551
bylaw; and 552
(I) Other duties as provided in the rules or bylaws of the commission. 553 Raised Bill No. 5197
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(2) The executive committee shall be composed of not more than 554
eleven members: 555
(A) The chairperson and vice-chairperson of the commission shall be 556
voting members of the executive committee; and 557
(B) The commission shall elect five voting members from the current 558
membership of the commission. 559
(C) Up to four ex-officio, nonvoting members from four recognized 560
national social work organizations. 561
(D) The ex-officio members shall be selected by their respective 562
organizations. 563
(3) The commission may remove any member of the executive 564
committee as provided in the commission's bylaws. 565
(4) The executive committee shall meet at least annually. 566
(A) Executive committee meetings shall be open to the public, except 567
the executive committee may meet in a closed, nonpublic meeting as 568
provided in subdivision (2) of subsection (f) of this section of the 569
compact. 570
(B) The executive committee shall give seven days' notice of its 571
meetings, posted on its Internet web site and as determined to provide 572
notice to persons with an interest in the business of the commission. 573
(C) The executive committee may hold a special meeting in 574
accordance with subparagraph (B) of subdivision (1) of subsection (f) of 575
this section of the compact. 576
(e) The commission shall adopt and provide to the member states an 577
annual report. 578
(f) Meetings of the commission: 579
(1) All meetings shall be open to the public, except the commission 580 Raised Bill No. 5197
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may meet in a closed, nonpublic meeting as provided in subdivision (2) 581
of this subsection of the compact. 582
(A) Public notice for all meetings of the full commission of meetings 583
shall be given in the same manner as required under the rulemaking 584
provisions in section 12 of the compact, except the commission may hold 585
a special meeting as provided in subparagraph (B) of this subdivision of 586
the compact. 587
(B) The commission may hold a special meeting when it shall meet to 588
conduct emergency business by giving forty-eight hours' notice to all 589
commissioners on the commission's Internet web site and by other 590
means as provided in the commission's rules. The commission's legal 591
counsel shall certify that the commission's need to meet qualifies as an 592
emergency. 593
(2) The commission or the executive committee or other committees 594
of the commission may convene in a closed, nonpublic meeting for the 595
commission or executive committee or other committees of the 596
commission to receive legal advice or to discuss: 597
(A) Noncompliance of a member state with its obligations under the 598
compact; 599
(B) The employment, compensation, discipline or other matters, 600
practices or procedures related to specific employees; 601
(C) Current or threatened discipline of a licensee by the commission 602
or by a member state's licensing authority; 603
(D) Current, threatened or reasonably anticipated litigation; 604
(E) Negotiation of contracts for the purchase, lease or sale of goods, 605
services or real estate; 606
(F) Accusing any person of a crime or formally censuring any person; 607
(G) Trade secrets or commercial or financial information that is 608 Raised Bill No. 5197
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privileged or confidential; 609
(H) Information of a personal nature where disclosure would 610
constitute a clearly unwarranted invasion of personal privacy; 611
(I) Investigative records compiled for law enforcement purposes; 612
(J) Information related to any investigative reports prepared by or on 613
behalf of or for use of the commission or other committee charged with 614
responsibility of investigation or determination of compliance issues 615
pursuant to the compact; 616
(K) Matters specifically exempted from disclosure by federal or 617
member state law; or 618
(L) Other matters as promulgated by the commission by rule. 619
(3) If a meeting, or portion of a meeting, is closed, the presiding officer 620
shall state that the meeting shall be closed and reference each relevant 621
exempting provision, and such reference shall be recorded in the 622
minutes. 623
(4) The commission shall keep minutes that fully and clearly describe 624
all matters discussed in a meeting and shall provide a full and accurate 625
summary of actions taken, and the reasons therefore, including a 626
description of the views expressed. All documents considered in 627
connection with an action shall be identified in such minutes. All 628
minutes and documents of a closed meeting shall remain under seal, 629
subject to release only by a majority vote of the commission or order of 630
a court of competent jurisdiction. 631
(g) Financing of the commission: 632
(1) The commission shall pay, or provide for the payment of, the 633
reasonable expenses of its establishment, organization and ongoing 634
activities. 635
(2) The commission may accept any and all appropriate revenue 636 Raised Bill No. 5197
LCO No. 1358 24 of 37
sources as provided in subdivision (13) of subsection (c) of this section 637
of the compact. 638
(3) The commission may levy on and collect an annual assessment 639
from each member state and impose fees on licensees of member states 640
to whom it grants a multistate license to cover the cost of the operations 641
and activities of the commission and its staff, which shall be in a total 642
amount sufficient to cover its annual budget as approved each year for 643
which revenue is not provided by other sources. The aggregate annual 644
assessment amount for member states shall be allocated based upon a 645
formula that the commission shall promulgate by rule. 646
(4) The commission shall not incur obligations of any kind prior to 647
securing the funds adequate to meet the same; nor shall the commission 648
pledge the credit of any of the member states, except by and with the 649
authority of the member state. 650
(5) The commission shall keep accurate accounts of all receipts and 651
disbursements. The receipts and disbursements of the commission shall 652
be subject to the financial review and accounting procedures established 653
under its bylaws, except all receipts and disbursements of funds 654
handled by the commission shall be subject to an annual financial 655
review by a certified or licensed public accountant, and the report of the 656
financial review shall be included in and become part of the annual 657
report of the commission. 658
(h) Qualified immunity, defense and indemnification: 659
(1) The members, officers, executive director, employees and 660
representatives of the commission shall be immune from suit and 661
liability, both personally and in their official capacity, for any claim for 662
damage to or loss of property or personal injury or other civil liability 663
caused by or arising out of any actual or alleged act, error or omission 664
that occurred, or that the person against whom the claim is made had a 665
reasonable basis for believing occurred within the scope of commission 666
employment, duties or responsibilities, provided nothing in this 667
subdivision shall be construed to protect any such person from suit or 668 Raised Bill No. 5197
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liability for any damage, loss, injury or liability caused by the intentional 669
or wilful or wanton misconduct of that person. The procurement of 670
insurance of any type by the commission shall not in any way 671
compromise or limit the immunity granted hereunder. 672
(2) The commission shall defend any member, officer, executive 673
director, employee or representative of the commission in any civil 674
action seeking to impose liability arising out of any actual or alleged act, 675
error or omission that occurred within the scope of commission 676
employment, duties or responsibilities, or as determined by the 677
commission that the person against whom the claim is made had a 678
reasonable basis for believing occurred within the scope of commission 679
employment, duties or responsibilities, provided (A) nothing in this 680
subdivision shall be construed to prohibit such person from retaining 681
their own counsel at their own expense, and (B) the actual or alleged act, 682
error or omission did not result from that person's intentional or wilful 683
or wanton misconduct. 684
(3) The commission shall indemnify and hold harmless any member, 685
officer, executive director, employee or representative of the 686
commission for the amount of any settlement or judgment obtained 687
against that person arising out of any actual or alleged act, error or 688
omission that occurred within the scope of commission employment, 689
duties or responsibilities, or that such person had a reasonable basis for 690
believing occurred within the scope of commission employment, duties 691
or responsibilities, provided the actual or alleged act, error or omission 692
did not result from the intentional or wilful or wanton misconduct of 693
that person. 694
(4) Nothing in this section of the compact shall be construed as a 695
limitation on the liability of any licensee for professional malpractice or 696
misconduct that shall be governed solely by any other applicable state 697
laws. 698
(5) Nothing in the compact shall be interpreted to waive or otherwise 699
abrogate a member state's state action immunity or state action 700 Raised Bill No. 5197
LCO No. 1358 26 of 37
affirmative defense with respect to antitrust claims under the Sherman 701
Act, 15 USC 1 et seq., as amended from time to time, Clayton Antitrust 702
Act, 15 USC 12-27, as amended from time to time, or any other state or 703
federal antitrust or anticompetitive law or regulation. 704
(6) Nothing in the compact shall be construed to be a waiver of 705
sovereign immunity by the member states or by the commission. 706
SECTION 11. DATA SYSTEM 707
(a) The commission shall provide for the development, maintenance, 708
operation and utilization of a coordinated data system. 709
(b) The commission shall assign each applicant for a multistate license 710
a unique identifier, as determined by the rules of the commission. 711
(c) Notwithstanding any other provision of state law, a member state 712
shall submit a uniform data set to the data system on all individuals to 713
whom the compact is applicable as required by the rules of the 714
commission, including: 715
(1) Identifying information; 716
(2) Licensure data; 717
(3) Adverse actions against a license and information related thereto; 718
(4) Nonconfidential information related to alternative program 719
participation, the beginning and ending dates of such participation and 720
other information related to such participation not made confidential 721
under member state law; 722
(5) Any denial of application for licensure, and the reason for such 723
denial; 724
(6) The presence of current significant investigative information; and 725
(7) Other information that may facilitate the administration of the 726
compact or the protection of the public, as determined by the rules of 727 Raised Bill No. 5197
LCO No. 1358 27 of 37
the commission. 728
(d) The records and information provided to a member state 729
pursuant to the compact or through the data system, when certified by 730
the commission or an agent thereof, shall constitute the authenticated 731
business records of the commission and be entitled to any associated 732
hearsay exception in any relevant judicial, quasi-judicial or 733
administrative proceedings in a member state. 734
(e) Current significant investigative information pertaining to a 735
licensee in any member state shall only be available to other member 736
states. It shall be the responsibility of the member states to report any 737
adverse action against a licensee and to monitor the database to 738
determine whether adverse action has been taken against a licensee. 739
Adverse action information pertaining to a licensee in any member state 740
shall be available to any other member state. 741
(f) A member state contributing information to the data system may 742
designate information that shall not be shared with the public without 743
the express permission of the contributing state. 744
(g) Any information submitted to the data system that is 745
subsequently expunged pursuant to federal law or the laws of the 746
member state contributing the information shall be removed from the 747
data system. 748
SECTION 12. RULEMAKING 749
(a) The commission shall promulgate reasonable rules to effectively 750
and efficiently implement and administer the purposes and provisions 751
of the compact. A rule shall be invalid and have no force or effect only 752
if a court of competent jurisdiction holds that the rule is invalid because 753
the commission exercised its rulemaking authority in a manner that is 754
beyond the scope and purposes of the compact, or the powers granted 755
hereunder, or based upon another applicable standard of review. 756
(b) The rules of the commission shall have the force of law in each 757 Raised Bill No. 5197
LCO No. 1358 28 of 37
member state, provided that where the rules of the commission conflict 758
with the laws of the member state that establish the member state's laws, 759
regulations and applicable standards that govern the practice of social 760
work as held by a court of competent jurisdiction, the rules of the 761
commission shall be ineffective in such state to the extent of the conflict. 762
(c) The commission shall exercise its rulemaking powers pursuant to 763
the criteria set forth in this section of the compact and the rules adopted 764
thereunder. A rule shall become binding on the day following adoption 765
or the date specified in the rule or amendment, whichever is later. 766
(d) If a majority of the legislatures of the member states rejects a rule 767
or portion of a rule, by enactment of a statute or resolution in the same 768
manner used to adopt the compact not later than four years after the 769
date of adoption of the rule, such rule shall have no further force and 770
effect in any member state. 771
(e) Rules shall be adopted at a regular or special meeting of the 772
commission. 773
(f) Prior to adoption of a proposed rule, the commission shall hold a 774
public hearing and allow persons to provide oral and written comments, 775
data, facts, opinions and arguments. 776
(g) Prior to adoption of a proposed rule by the commission, and at 777
least thirty days in advance of the meeting at which the commission will 778
hold a public hearing on the proposed rule, the commission shall 779
provide a notice of proposed rulemaking: 780
(1) On the Internet web site of the commission or other publicly 781
accessible platform; 782
(2) To persons who have requested notice of the commission's notices 783
of proposed rulemaking; and 784
(3) In such other way as the commission may by rule specify. 785
(h) The notice of proposed rulemaking shall include: 786 Raised Bill No. 5197
LCO No. 1358 29 of 37
(1) The time, date and location of the public hearing at which the 787
commission will hear public comments on the proposed rule and, if 788
different, the time, date and location of the meeting where the 789
commission will consider and vote on the proposed rule; 790
(2) If the hearing is held via telecommunication, video conference or 791
other electronic means, the commission shall include the mechanism for 792
access to the hearing in the notice of proposed rulemaking; 793
(3) The text of the proposed rule and the reason therefor; 794
(4) A request for comments on the proposed rule from any interested 795
person; and 796
(5) The manner in which interested persons may submit written 797
comments. 798
(i) All hearings shall be recorded. A copy of the recording and all 799
written comments and documents received by the commission in 800
response to the proposed rule shall be available to the public. 801
(j) Nothing in this section of the compact shall be construed as 802
requiring a separate hearing on each rule. Rules may be grouped for the 803
convenience of the commission at hearings required by this section of 804
the compact. 805
(k) The commission shall, by majority vote of all members, take final 806
action on the proposed rule based on the rulemaking record and the full 807
text of the rule. 808
(1) The commission may adopt changes to the proposed rule 809
provided the changes do not enlarge the original purpose of the 810
proposed rule. 811
(2) The commission shall provide an explanation of the reasons for 812
substantive changes made to the proposed rule as well as reasons for 813
substantive changes not made that were recommended by commenters. 814 Raised Bill No. 5197
LCO No. 1358 30 of 37
(3) The commission shall determine a reasonable effective date for the 815
rule. Except for an emergency as provided in subsection (l) of this 816
section of the compact, the effective date of the rule shall be no sooner 817
than thirty days after issuing the notice that it adopted or amended the 818
rule. 819
(l) Upon determination that an emergency exists, the commission 820
may consider and adopt an emergency rule with forty-eight hours' 821
notice, with opportunity to comment, provided the usual rulemaking 822
procedures provided in the compact and in this section of the compact 823
shall be retroactively applied to the rule as soon as reasonably possible, 824
but in no event later than ninety days after the effective date of the rule. 825
For the purposes of this subsection, an emergency rule is one that shall 826
be adopted immediately to: 827
(1) Meet an imminent threat to public health, safety or welfare; 828
(2) Prevent a loss of commission or member state funds; 829
(3) Meet a deadline for the promulgation of a rule that is established 830
by federal law or rule; or 831
(4) Protect public health and safety. 832
(m) The commission or an authorized committee of the commission 833
may direct revisions to a previously adopted rule for purposes of 834
correcting typographical errors, errors in format, errors in consistency 835
or grammatical errors. Public notice of any revisions shall be posted on 836
the Internet web site of the commission. The revision shall be subject to 837
challenge by any person for a period of thirty days after posting. The 838
revision may be challenged only on grounds that the revision results in 839
a material change to a rule. A challenge shall be made in writing and 840
delivered to the commission prior to the end of the notice period. If no 841
challenge is made, the revision shall take effect without further action. 842
If the revision is challenged, the revision may not take effect without the 843
approval of the commission. 844 Raised Bill No. 5197
LCO No. 1358 31 of 37
(n) No member state's rulemaking requirements shall apply under 845
the compact. 846
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION AND 847
ENFORCEMENT 848
(a) Oversight: 849
(1) The executive and judicial branches of state government in each 850
member state shall enforce the compact and take all actions necessary 851
and appropriate to implement the compact. 852
(2) Except as otherwise provided in the compact, venue is proper and 853
judicial proceedings by or against the commission shall be brought 854
solely and exclusively in a court of competent jurisdiction where the 855
principal office of the commission is located. The commission may 856
waive venue and jurisdictional defenses to the extent it adopts or 857
consents to participate in alternative dispute resolution proceedings. 858
Nothing in this subdivision shall affect or limit the selection or propriety 859
of venue in any action against a licensee for professional malpractice, 860
misconduct or any such similar matter. 861
(3) The commission shall be entitled to receive service of process in 862
any proceeding regarding the enforcement or interpretation of the 863
compact and shall have standing to intervene in such a proceeding for 864
all purposes. Failure to provide the commission service of process shall 865
render a judgment or order void as to the commission, the compact or 866
promulgated rules. 867
(b) Default, technical assistance and termination: 868
(1) If the commission determines that a member state has defaulted 869
in the performance of its obligations or responsibilities under the 870
compact or the promulgated rules, the commission shall provide 871
written notice to the defaulting state. The notice of default shall describe 872
the default, the proposed means of curing the default and any other 873
action that the commission may take, and offer training and specific 874 Raised Bill No. 5197
LCO No. 1358 32 of 37
technical assistance regarding the default. 875
(2) The commission shall provide a copy of the notice of default to the 876
other member states. 877
(c) If a state in default fails to cure the default, the defaulting state 878
may be terminated from the compact upon an affirmative vote of a 879
majority of the delegates of the member states, and all rights, privileges 880
and benefits conferred on such state by the compact may be terminated 881
on the effective date of termination. A cure of the default does not 882
relieve the offending state of obligations or liabilities incurred during 883
the period of default. 884
(d) Termination of membership in the compact shall be imposed only 885
after all other means of securing compliance have been exhausted. 886
Notice of intent to suspend or terminate shall be given by the 887
commission to the governor, the majority and minority leaders of the 888
defaulting state's legislature, the defaulting state's state licensing 889
authority and each of the member states' state licensing authority. 890
(e) A state that has been terminated from membership in the compact 891
is responsible for all assessments, obligations and liabilities incurred 892
through the effective date of termination, including obligations that 893
extend beyond the effective date of termination. 894
(f) Upon the termination of a state's membership from the compact, 895
such state shall immediately provide notice to all licensees within such 896
state of such termination. The terminated state shall continue to 897
recognize all licenses granted pursuant to the compact for a minimum 898
of six months after the date of said notice of termination. 899
(g) The commission shall not bear any costs related to a state that is 900
found to be in default or that has been terminated from the compact, 901
unless agreed upon in writing between the commission and the 902
defaulting state. 903
(h) The defaulting state may appeal the action of the commission by 904 Raised Bill No. 5197
LCO No. 1358 33 of 37
petitioning the United States District Court for the District of Columbia 905
or the federal district where the commission has its principal offices. The 906
prevailing party shall be awarded all costs of such litigation, including 907
reasonable attorney's fees. 908
(i) Dispute resolution: 909
(1) Upon request by a member state, the commission shall attempt to 910
resolve disputes related to the compact that arise among member states 911
and between member and nonmember states. 912
(2) The commission shall promulgate a rule providing for both 913
mediation and binding dispute resolution for disputes as appropriate. 914
(j) Enforcement: 915
(1) By majority vote as provided by rule, the commission may initiate 916
legal action against a member state in default in the United States 917
District Court for the District of Columbia or the federal district where 918
the commission has its principal offices to enforce compliance with the 919
provisions of the compact and its promulgated rules. The relief sought 920
may include both injunctive relief and damages. If judicial enforcement 921
is necessary, the prevailing party shall be awarded all costs of such 922
litigation, including reasonable attorney's fees. The remedies in this 923
subdivision shall not be the exclusive remedies of the commission. The 924
commission may pursue any other remedies available under federal or 925
the defaulting member state's law. 926
(2) A member state may initiate legal action against the commission 927
in the United States District Court for the District of Columbia or the 928
federal district where the commission has its principal offices to enforce 929
compliance with the provisions of the compact and its promulgated 930
rules. The relief sought may include both injunctive relief and damages. 931
In the event judicial enforcement is necessary, the prevailing party shall 932
be awarded all costs of such litigation, including reasonable attorney's 933
fees. 934 Raised Bill No. 5197
LCO No. 1358 34 of 37
(3) No person other than a member state shall enforce the compact 935
against the commission. 936
SECTION 14. EFFECTIVE DATE, WITHDRAWAL AND 937
AMENDMENT 938
(a) The compact shall come into effect on the date on which the 939
compact statute is enacted into law in the seventh member state. 940
(1) On or after the effective date of the compact, the commission shall 941
convene and review the enactment of each of the charter member states 942
to determine if the statute enacted by each such charter member state is 943
materially different than the model compact statute. 944
(A) A charter member state whose enactment is found to be 945
materially different from the model compact statute shall be entitled to 946
the default process set forth in section 13 of the compact. 947
(B) If any member state is later found to be in default, or is terminated 948
or withdraws from the compact, the commission shall remain in 949
existence and the compact shall remain in effect even if the number of 950
member states is less than seven. 951
(2) Member states enacting the compact subsequent to the charter 952
member states shall be subject to the process set forth in subdivision (21) 953
of subsection (c) of section 10 of the compact to determine if their 954
enactments are materially different from the model compact statute and 955
whether they qualify for participation in the compact. 956
(3) All actions taken for the benefit of the commission or in 957
furtherance of the purposes of the administration of the compact prior 958
to the effective date of the compact or the commission coming into 959
existence shall be considered to be actions of the commission unless 960
specifically repudiated by the commission. 961
(4) Any state that joins the compact subsequent to the commission's 962
initial adoption of the rules and bylaws shall be subject to the rules and 963
bylaws as they exist on the date on which the compact becomes law in 964 Raised Bill No. 5197
LCO No. 1358 35 of 37
such state. Any rule that has been previously adopted by the 965
commission shall have the full force and effect of law on the day the 966
compact becomes law in such state. 967
(b) Any member state may withdraw from the compact by enacting 968
a statute repealing the same. 969
(1) A member state's withdrawal shall not take effect until one 970
hundred eighty days after enactment of the repealing statute. 971
(2) Withdrawal shall not affect the continuing requirement of the 972
withdrawing state's licensing authority to comply with the investigative 973
and adverse action reporting requirements of the compact prior to the 974
effective date of withdrawal. 975
(3) Upon the enactment of a statute withdrawing from the compact, 976
a withdrawing state shall immediately provide notice of such 977
withdrawal to all licensees within such state. Notwithstanding any 978
subsequent statutory enactment to the contrary, such withdrawing state 979
shall continue to recognize all licenses granted pursuant to the compact 980
for a minimum of one hundred eighty days after the date of such notice 981
of withdrawal. 982
(c) Nothing contained in the compact shall be construed to invalidate 983
or prevent any licensure agreement or other cooperative arrangement 984
between a member state and a nonmember state that does not conflict 985
with the provisions of the compact. 986
(d) The compact may be amended by the member states. No 987
amendment to the compact shall become effective and binding upon 988
any member state until it is enacted into the laws of all member states. 989
SECTION 15. CONSTRUCTION AND SEVERABILITY 990
(a) The compact and the commission's rulemaking authority shall be 991
liberally construed so as to effectuate the purposes, implementation and 992
administration of the compact. Provisions of the compact expressly 993
authorizing or requiring the promulgation of rules shall not be 994 Raised Bill No. 5197
LCO No. 1358 36 of 37
construed to limit the commission's rulemaking authority solely for 995
such purposes. 996
(b) The provisions of the compact shall be severable and if any phrase, 997
clause, sentence or provision of the compact is held by a court of 998
competent jurisdiction to be contrary to the constitution of any member 999
state, a state seeking participation in the compact or the United States, 1000
or the applicability thereof to any government, agency, person or 1001
circumstance is held to be unconstitutional by a court of competent 1002
jurisdiction, the validity of the remainder of the compact and the 1003
applicability thereof to any other government, agency, person or 1004
circumstance shall not be affected thereby. 1005
(c) Notwithstanding the provisions of subsection (b) of this section of 1006
the compact, the commission may deny a state's participation in the 1007
compact or, in accordance with the requirements of subsection (b) of 1008
section 13 of the compact, terminate a member state's participation in 1009
the compact, if it determines that a constitutional requirement of a 1010
member state is a material departure from the compact. If the compact 1011
is held to be contrary to the constitution of any member state, the 1012
compact shall remain in full force and effect as to the remaining member 1013
states and in full force and effect as to the member state affected as to all 1014
severable matters. 1015
SECTION 16. CONSISTE NT EFFECT AND CONFLICT WITH 1016
OTHER STATE LAWS 1017
(a) A licensee providing services in a remote state under a multistate 1018
authorization to practice shall adhere to the laws and regulations, 1019
including applicable standards, of the remote state where the client is 1020
located at the time care is rendered. 1021
(b) Nothing in this section of the compact shall be construed to 1022
prevent or inhibit the enforcement of any other law of a member state 1023
that is not inconsistent with the compact. 1024
(c) Any laws, statutes, regulations or other legal requirements in a 1025 Raised Bill No. 5197
LCO No. 1358 37 of 37
member state in conflict with the compact are superseded to the extent 1026
of the conflict. 1027
(d) All permissible agreements between the commission and the 1028
member states are binding in accordance with the terms of such 1029
agreements. 1030
Sec. 2. (NEW) (Effective from passage) The Commissioner of Public 1031
Health shall require each person applying for licensure as a social 1032
worker to submit to a state and national fingerprint-based criminal 1033
history records check pursuant to section 29-17a of the general statutes. 1034
For the purposes of this section, (1) "social worker" means an individual 1035
licensed for the independent practice of social work, and (2) "licensure" 1036
means authorization by a state social worker regulatory authority to 1037
engage in the independent practice of social work, the practice of which 1038
would be unlawful without such authorization. 1039
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Statement of Purpose:
To adopt the social work licensure compact.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]