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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Social Work Licensure 2
Interstate Compact; creating s. 491.022, F.S.; 3
creating the Social Work Licensure Interstate Compact; 4
providing purposes, objectives, and definitions; 5
specifying requirements for state participation in the 6
compact and duties of member states; specifying that 7
the compact does not affect an individual's ability to 8
apply for, and a member state's ability to grant, a 9
single state license pursuant to the laws of that 10
state; providing for recognition of compact privile ge 11
in member states; specifying criteria a licensee must 12
meet for compact privilege; providing for the 13
expiration and renewal of compact privilege; 14
specifying that a licensee with compact privilege in a 15
remote state must adhere to the laws and rules of tha t 16
state; authorizing member states to act on a 17
licensee's compact privilege under certain 18
circumstances; specifying the consequences and 19
parameters of practice for a licensee whose compact 20
privilege has been acted on or whose home state 21
license is encumbered; specifying that a licensee may 22
hold a home state license in only one member state at 23
a time; specifying requirements and procedures for 24
changing a home state license designation; authorizing 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
active duty military personnel or their spouses to 26
keep their home state designation during active duty; 27
authorizing member states to take adverse actions 28
against licensees and issue subpoenas for hearings and 29
investigations under certain circumstances; providing 30
requirements and procedures for such adverse action; 31
authorizing member states to engage in joint 32
investigations under certain circumstances; providing 33
that a licensee's compact privilege must be 34
deactivated in all member states for the duration of 35
an encumbrance imposed by the licensee's home state; 36
providing for notice to the data system and the 37
licensee's home state of any adverse action taken 38
against a licensee; establishing the Social Work 39
Licensure Interstate Compact Commission; providing for 40
jurisdiction and venue for court proceedings; 41
providing for membership and powers of the commission; 42
specifying powers and duties of the commission's 43
executive committee; providing for the financing of 44
the commission; providing specified individuals 45
immunity from civil liability under certain 46
circumstances; providin g exceptions; requiring the 47
commission to defend the specified individuals in 48
civil actions under certain circumstances; requiring 49
the commission to indemnify and hold harmless 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
specified individuals for any settlement or judgment 51
obtained in such actions u nder certain circumstances; 52
providing for the development of the data system, 53
reporting procedures, and the exchange of specified 54
information between member states; requiring the 55
commission to notify member states of any adverse 56
action taken against a lice nsee or applicant for 57
licensure; authorizing member states to designate as 58
confidential information provided to the data system; 59
requiring the commission to remove information from 60
the data system under certain circumstances; providing 61
rulemaking procedure s for the commission; providing 62
for member state enforcement of the compact; 63
authorizing the commission to receive notice of 64
process, and have standing to intervene, in certain 65
proceedings; rendering certain judgments and orders 66
void as to the commission, the compact, or commission 67
rules under certain circumstances; providing for 68
defaults and termination of compact membership; 69
providing procedures for the resolution of certain 70
disputes; providing for commission enforcement of the 71
compact; providing for reme dies; providing for 72
implementation of, withdrawal from, and amendment to 73
the compact; specifying that licensees practicing in a 74
remote state under the compact must adhere to the laws 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and rules of that state; specifying that the compact, 76
commission rules, and commission actions are binding 77
on member states; providing construction; providing 78
for severability; providing an effective date. 79
80
Be It Enacted by the Legislature of the state of Florida: 81
82
Section 1. Section 491.022, Florida Statutes, is create d 83
to read: 84
491.022 Social Work Licensure Interstate Compact. —The 85
Social Work Licensure Interstate Compact is hereby enacted into 86
law and entered into by this state with all other states legally 87
joining therein in the form substantially as follows: 88
89
ARTICLE I 90
PURPOSE 91
92
The purpose of this compact is to facilitate interstate 93
practice of regulated social workers by improving public access 94
to competent social work services. The compact preserves the 95
regulatory authority of member states to protect public heal th 96
and safety through the current system of licensure. This compact 97
is designed to achieve all of the following objectives: 98
(1) Increase public access to social work services. 99
(2) Reduce overly burdensome and duplicative requirements 100
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associated with holding multiple licenses. 101
(3) Enhance member states' ability to protect the public 102
health and safety. 103
(4) Encourage the cooperation of member states in 104
regulating multistate practice. 105
(5) Promote mobility and address workforce shortages by 106
eliminating the necessity for licenses in multiple states by 107
providing for the mutual recognition of other member state 108
licenses. 109
(6) Support military families. 110
(7) Facilitate the exchange of licensure and disciplinary 111
information among member states. 112
(8) Authorize all member states to hold a regulated social 113
worker accountable for abiding by a member state's laws, 114
regulations, and applicable professional standards in the member 115
state in which the client is located at the time care is 116
rendered. 117
(9) Allow for the use of telehealth to facilitate 118
increased access to social work services. 119
120
ARTICLE II 121
DEFINITIONS 122
123
As used in this compact, the term: 124
(1) "Active military member" means any individual with 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
full-time duty status in the active Armed Forces of the United 126
states including members of the National Guard and Reserve. 127
(2) "Adverse action" means any administrative, civil, 128
equitable or criminal action permitted by a state's laws which 129
is imposed by a licensing authority or other authority against a 130
regulated social worker, including actions against an 131
individual's license or multistate authorization to practice 132
such as revocation, suspension, probation, monitoring of the 133
licensee, limitation on the licensee's practice, or any other 134
encumbrance on licensur e affecting a regulated social worker's 135
authorization to practice, including issuance of a cease and 136
desist action. 137
(3) "Alternative program" means a nondisciplinary 138
monitoring or practice remediation process approved by a 139
licensing authority to address practitioners with an impairment. 140
(4) "Charter member states" means member states that have 141
enacted legislation to adopt this compact where such legislation 142
predates the effective date of this compact as described in 143
Article XIV. 144
(5) "Commission" means the government agency whose 145
membership consists of all states that have enacted this 146
compact, which is known as the Social Work Licensure Interstate 147
Compact commission, as described in Article X, and which shall 148
operate as an instrumentality of the member states. 149
(6) "Current significant investigative information" means: 150
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(a) Investigative information that a licensing authority, 151
after a preliminary inquiry that includes notification and an 152
opportunity for the regulated social worker to respond, has 153
reason to believe is not groundless and, if proved true, would 154
indicate more than a minor infraction as may be defined by the 155
commission; or 156
(b) Investigative information that indicates that the 157
regulated social worker represents an immediate threat to publi c 158
health and safety, as may be defined by the commission, 159
regardless of whether the regulated social worker has been 160
notified and has had an opportunity to respond. 161
(7) "Data system" means a repository of information about 162
licensees, including continuing education, examination, 163
licensure, current significant investigative information, 164
disqualifying events, multistate licenses, and adverse action 165
information or other information as required by the commission. 166
(8) "Disqualifying event" means any adverse a ction or 167
incident which results in an encumbrance that disqualifies or 168
makes the licensee ineligible to obtain, retain, or renew a 169
multistate license. 170
(9) "Domicile" means the jurisdiction in which the 171
licensee resides and intends to remain indefinitely. 172
(10) "Encumbrance" means a revocation or suspension of, or 173
any limitation on, the full and unrestricted practice of social 174
work licensed and regulated by an authority. 175
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(11) "Executive committee" means a group of delegates 176
elected or appointed to act o n behalf of, and within the powers 177
granted to them by, the compact and commission. 178
(12) "Home state" means the member state that is the 179
licensee's primary domicile. 180
(13) "Impairment" means a condition that may impair a 181
practitioner's ability to engage in full and unrestricted 182
practice as a regulated social worker without some type of 183
intervention and may include alcohol and drug dependence, mental 184
health impairment, and neurological or physical impairments. 185
(14) "Licensee" means an individual who curr ently holds a 186
license from a state to practice as a regulated social worker. 187
(15) "Licensing authority" means the board or agency of a 188
member state, or an equivalent, that is responsible for the 189
licensing and regulation of regulated social workers. 190
(16) "Member state" means a state, commonwealth, district, 191
or territory of the United States of America that has enacted 192
this compact. 193
(17) "Multistate authorization to practice" means a 194
legally authorized privilege to practice, which is equivalent to 195
a license, associated with a multistate license permitting the 196
practice of social work in a remote state. 197
(18) "Multistate license" means a license to practice as a 198
regulated social worker issued by a home state licensing 199
authority that authorizes the regulat ed social worker to 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
practice in all member states under multistate authorization to 201
practice. 202
(19) "Qualifying National Exam" means a national licensing 203
examination approved by the commission. 204
(20) "Regulated social worker" means any clinical, 205
master's, or bachelor's social worker licensed by a member state 206
regardless of the title used by that member state. 207
(21) "Remote state" means a member state other than the 208
licensee's home state. 209
(22) "Rules" or "rules of the commission" means a 210
regulation or regulations duly adopted by the commission, as 211
authorized by the compact, that has the force of law. 212
(23) "Single state license" means a social work license 213
issued by any state that authorizes practice only within the 214
issuing state and does not in clude multistate authorization to 215
practice in any member state. 216
(24) "Social work" or "social work services" means the 217
application of social work theory, knowledge, methods, ethics, 218
and the professional use of self to restore or enhance social, 219
psychosocial, or biopsychosocial functioning of individuals, 220
couples, families, groups, organizations, and communities 221
through the care and services provided by a regulated social 222
worker as set forth in the member state's statutes and 223
regulations in the st ate where the services are being provided. 224
(25) "State" means any state, commonwealth, district, or 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
territory of the United States of America that regulates the 226
practice of social work. 227
(26) "Unencumbered license" means a license that 228
authorizes a regulated social worker to engage in the full and 229
unrestricted practice of social work. 230
231
ARTICLE III 232
STATE PARTICIPATION IN THE COMPACT 233
234
(1) To be eligible to participate in the compact, a 235
potential member state must currently meet all of the following 236
criteria: 237
(a) License and regulate the practice of social work at 238
the clinical, master's, or bachelor's category. 239
(b) Require applicants for licensure to graduate from a 240
program that is: 241
1. Operated by a college or university recognized by a 242
licensing authority; 243
2. Accredited, or in candidacy by an institution that 244
subsequently becomes accredited, by an accrediting agency 245
recognized by either: 246
a. The Council for Higher Education Accreditation or its 247
successor; or 248
b. The United States Department of Ed ucation; and 249
3. Corresponds to the licensure sought as outlined in 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Article IV. 251
(c) Require applicants for clinical licensure to complete 252
a period of supervised practice. 253
(d) Have a mechanism in place for receiving, 254
investigating, and adjudicating com plaints about licensees. 255
(2) To maintain membership in the compact, a member state 256
shall: 257
(a) Require that applicants for a multistate license pass 258
a Qualifying National Exam for the corresponding category of 259
multistate license sought as outlined in Ar ticle VI. 260
(b) Participate fully in the commission's data system, 261
including using the commission's unique identifier as defined in 262
rules. 263
(c) Notify the commission, in compliance with the terms of 264
the compact and rules, of any adverse action or the avai lability 265
of current significant investigative information regarding a 266
licensee. 267
(d) Implement procedures for considering the criminal 268
history records of applicants for a multistate license. Such 269
procedures shall include the submission of fingerprints or other 270
biometric-based information by applicants for the purpose of 271
obtaining an applicant's criminal history record information 272
from the Federal Bureau of Investigation and the agency 273
responsible for retaining that state's criminal records. 274
(e) Comply with the rules of the commission. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f) Require an applicant to obtain or retain a license in 276
the home state and meet the home state's qualifications for 277
licensure or renewal of licensure, as well as all other 278
applicable home state laws. 279
(g) Authorize a licensee holding a multistate license in 280
any member state to practice in accordance with the terms of the 281
compact and rules of the commission. 282
(h) Designate a delegate to participate in the commission 283
meetings. 284
(3) A member state meeting the requiremen ts under 285
subsections (1) and (2) shall designate the categories of social 286
work licensure that are eligible for issuance of a multistate 287
license for applicants in such member state. To the extent that 288
any member state does not meet the requirements for 289
participation in the compact at any particular category of 290
social work licensure, such member state may choose, but is not 291
obligated to, issue a multistate license to applicants that 292
otherwise meet the requirements of Article IV for issuance of a 293
multistate license in such category or categories of licensure. 294
(4) The home state may charge a fee for granting the 295
multistate license. 296
297
ARTICLE IV 298
SOCIAL WORKER PARTICIPATION IN THE COMPACT 299
300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) To be eligible for a multistate license under this 301
compact, an applicant, regardless of category, must meet all of 302
the following requirements: 303
(a) Hold or be eligible for an active, unencumbered 304
license in the home state. 305
(b) Pay any applicable fees, including any member state 306
fee, for the multistate license. 307
(c) Submit, in connection with an application for a 308
multistate license, fingerprints or other biometric data for the 309
purpose of obtaining criminal history record information from 310
the Federal Bureau of Investigation and the agency responsible 311
for retaining that st ate's criminal records. 312
(d) Notify the home state of any adverse action, 313
encumbrance, or restriction on any professional license taken by 314
any member state or nonmember state within 30 days after the 315
date the action is taken. 316
(e) Meet any continuing com petence requirements 317
established by the home state. 318
(f) Abide by the laws, regulations, and applicable 319
standards in the member state where the client is located at the 320
time care is rendered. 321
(2) An applicant for a clinical -category multistate 322
license must meet all of the following requirements: 323
(a) Fulfill a competency requirement, which shall be 324
satisfied by: 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Passage of a clinical -category Qualifying National 326
Exam; 327
2. Licensure of the applicant in their home state at the 328
clinical category, beg inning before such time as a Qualifying 329
National Exam was required by the home state and accompanied by 330
a period of continuous social work licensure thereafter, all of 331
which may be further governed by the rules of the commission; or 332
3. The substantial eq uivalency of the foregoing competency 333
requirements which the commission may determine by rule. 334
(b) Attain at least a master's degree in social work from 335
a program that is: 336
1. Operated by a college or university recognized by a 337
licensing authority. 338
2. Accredited, or in candidacy that subsequently becomes 339
accredited, by an accrediting agency recognized by either: 340
a. The Council for Higher Education Accreditation or its 341
successor; or 342
b. The United States Department of Education. 343
(c) Fulfill a pract ice requirement, which shall be 344
satisfied by demonstrating completion of: 345
1. A period of postgraduate supervised clinical practice 346
equal to a minimum of 3,000 hours; 347
2. A minimum of 2 years of full -time postgraduate 348
supervised clinical practice; or 349
3. The substantial equivalency of the foregoing practice 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requirements which the commission may determine by rule. 351
(3) An applicant for a master's -category multistate 352
license must meet all of the following requirements: 353
(a) Fulfill a competency require ment, which shall be 354
satisfied by: 355
1. Passage of a masters -category Qualifying National Exam; 356
2. Licensure of the applicant in their home state at the 357
master's category, beginning before such time as a Qualifying 358
National Exam was required by the home state at the master's 359
category and accompanied by a continuous period of social work 360
licensure thereafter, all of which may be further governed by 361
the rules of the commission; or 362
3. The substantial equivalency of the foregoing competency 363
requirements which the commission may determine by rule. 364
(b) Attain at least a master's degree in social work from 365
a program that is: 366
1. Operated by a college or university recognized by a 367
licensing authority. 368
2. Accredited, or in candidacy by an institution that 369
subsequently becomes accredited, by an accrediting agency 370
recognized by either: 371
a. The Council for Higher Education Accreditation or its 372
successor; or 373
b. The United States Department of Education. 374
(4) An applicant for a bachelor's -category multistate 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
license must meet all of the following requirements: 376
(a) Fulfill a competency requirement, which shall be 377
satisfied by: 378
1. Passage of a bachelor's -category Qualifying National 379
Exam; 380
2. Licensure of the applicant in his or her home state at 381
the bachelor's category, beginning before such time as a 382
Qualifying National Exam was required by the home state and 383
accompanied by a period of continuous social work licensure 384
thereafter, all of which may be further governed by the rules of 385
the commission; or 386
3. The substantial equivalency of the foregoing competency 387
requirements which the commission may determine by rule. 388
(b) Attain at least a bachelor's degree in social work 389
from a program that is: 390
1. Operated by a college or university recognized by the 391
licensing authority. 392
2. Accredited, or in candidacy that subsequently becomes 393
accredited, by an accrediting agency recognized by either: 394
a. The Council for Higher Education Accreditation or its 395
successor; or 396
b. The United States Department of Education. 397
(5) The multistate license for a regulated social worker 398
is subject to the renewal requirements of the home state. The 399
regulated social worker must maintain compliance with the 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requirements of subsection (1) to be eligible to renew a 401
multistate license. 402
(6) The regulated social worker's services in a remote 403
state are subject to that member state's regulatory authority. A 404
remote state may, in accordance with due process and that member 405
state's laws, remove a regulated social worker's multistate 406
authorization to practice in the remote state for a specific 407
period of time, impose fines, and take any other necessary 408
actions to protect the health and safety of its citizens. 409
(7) If a multistate license is encumbered, the regulated 410
social worker's multistate a uthorization to practice shall be 411
deactivated in all remote states until the multistate license is 412
no longer encumbered. 413
(8) If a multistate authorization to practice is 414
encumbered in a remote state, the regulated social worker's 415
multistate authorization to practice may be deactivated in that 416
state until the multistate authorization to practice is no 417
longer encumbered. 418
419
ARTICLE V 420
ISSUANCE OF A MULTISTATE LICENSE 421
422
(1) Upon receipt of an application for multistate license, 423
the home state licensing authority shall determine the 424
applicant's eligibility for a multistate license in accordance 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
with Article VI. 426
(2) If such applicant is eligible pursuant to Article VI, 427
the home state licensing authority shall issue a multistate 428
license that authorizes the applicant or regulated social worker 429
to practice in all member states under a multistate 430
authorization to practice. 431
(3) Upon issuance of a multistate license, the home state 432
licensing authority shall designate whether the regulated social 433
worker holds a multistate license in the bachelor's, master's, 434
or clinical category of social work. 435
(4) A multistate license issued by a home state to a 436
resident in that state shall be recognized by all compact member 437
states as authorizing social work practice under a multistate 438
authorization to practice corresponding to each category of 439
licensure regulated in each member state. 440
441
ARTICLE VI 442
AUTHORITY OF INTERSTATE COMPACT COMMISSION 443
AND MEMBER STATE LICENSING AUTHORITIES 444
445
(1) This compact, or any rule of the commission, does not 446
limit, restrict, or in any way reduce the ability of a member 447
state to: 448
(a) Enact and enforce laws, regulations, or other rules 449
related to the practice of social work in that state when those 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
laws, regulations, or other rules are not inconsistent with the 451
provisions of this compact. 452
(b) Take adverse action against a licensee's single state 453
license to practice social work in that state. 454
(c) Take adverse action against a licensee's multistate 455
authorization to practice in that state. 456
(2) This compact, or any rule of the commission, does not 457
limit, restrict, or in any way reduce the ability of a 458
licensee's home state to take adverse action against a 459
licensee's multistate license based upon information provided by 460
a remote state. 461
(3) This compact does not affect the requirements 462
established by a member state for the issuance of a single state 463
license. 464
465
ARTICLE VII 466
REISSUANCE OF A MULTISTATE LICENSE BY A NE W HOME STATE 467
468
(1) A licensee can hold a multistate license, issued by 469
his or her home state, in only one member state at any given 470
time. 471
(2) If a licensee changes his or her home state by moving 472
between two member states: 473
(a) The licensee shall immed iately apply for the 474
reissuance of his or her multistate license in his or her new 475
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
home state. The licensee shall pay all applicable fees and 476
notify the prior home state in accordance with the rules of the 477
commission. 478
(b) Upon receipt of an application t o reissue a multistate 479
license, the new home state shall verify that the multistate 480
license is active, unencumbered, and eligible for reissuance 481
under the terms of the compact and the rules of the commission. 482
The multistate license issued by the prior home state will be 483
deactivated and all member states notified in accordance with 484
the applicable rules adopted by the commission. 485
(c) Before the reissuance of the multistate license, the 486
new home state shall conduct procedures for considering the 487
criminal history records of the licensee. Such procedures shall 488
include the submission of fingerprints or other biometric -based 489
information by applicants for the purpose of obtaining an 490
applicant's criminal history record information from the Federal 491
Bureau of Investigation and the agency responsible for retaining 492
that state's criminal records. 493
(d) If required for initial licensure, the new home state 494
may require completion of jurisprudence requirements in the new 495
home state. 496
(e) Notwithstanding any other provision of this compact, 497
if a licensee does not meet the requirements set forth in this 498
compact for the reissuance of a multistate license by the new 499
home state, then the licensee shall be subject to the new home 500
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
state requirements for the issuance of a single state license in 501
that state. 502
(3) If a licensee changes his or her primary state of 503
residence by moving from a member state to a nonmember state, or 504
from a nonmember state to a member state, then the licensee 505
shall be subject to the state requirements for the issuance of a 506
single state license in the new home state. 507
(4) This compact does not interfere with a licensee's 508
ability to hold a single state license in multiple states; 509
however, for the purposes of this compac t, a licensee shall have 510
only one home state, and only one multistate license. 511
(5) This compact does not interfere with the requirements 512
established by a member state for the issuance of a single state 513
license. 514
515
ARTICLE VIII 516
MILITARY FAMILIES 517
518
An active military member or his or her spouse shall 519
designate a home state where the individual has a multistate 520
license. The individual may retain his or her home state 521
designation during the period the servicemember is on active 522
duty. 523
524
ARTICLE IX 525
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ADVERSE ACTIONS 526
527
(1) In addition to the other powers conferred by general 528
law, a remote state shall have the authority, in accordance with 529
existing state due process law, to: 530
(a) Take adverse action against a regulated social 531
worker's multistate authorization to prac tice only within that 532
member state, and issue subpoenas for both hearings and 533
investigations that require the attendance and testimony of 534
witnesses as well as the production of evidence. Subpoenas 535
issued by a licensing authority in a member state for the 536
attendance and testimony of witnesses or the production of 537
evidence from another member state shall be enforced in the 538
latter state by any court of competent jurisdiction, according 539
to the practice and procedure of that court applicable to 540
subpoenas issued in proceedings pending before it. The issuing 541
licensing authority shall pay any witness fees, travel expenses, 542
mileage, and other fees required by the service statutes of the 543
state in which the witnesses or evidence are located. 544
(b) Only the home state s hall have the power to take 545
adverse action against a regulated social worker's multistate 546
license. 547
(2) For purposes of taking adverse action, the home state 548
shall give the same priority and effect to reported conduct 549
received from a member state as it wo uld if the conduct had 550
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occurred within the home state. In so doing, the home state 551
shall apply its own state laws to determine appropriate action. 552
(3) The home state shall complete any pending 553
investigations of a regulated social worker who changes his o r 554
her home state during the course of the investigations. The home 555
state shall also have the authority to take appropriate actions 556
and shall promptly report the conclusions of the investigations 557
to the administrator of the data system. The administrator of 558
the data system shall promptly notify the new home state of any 559
adverse actions. 560
(4) A member state, if otherwise permitted by state law, 561
may recover from the affected regulated social worker the costs 562
of investigations and dispositions of cases resulti ng from any 563
adverse action taken against that regulated social worker. 564
(5) A member state may take adverse action based on the 565
factual findings of another member state, provided that the 566
member state follows its own procedures for taking the adverse 567
action. 568
(6)(a) In addition to the authority granted to a member 569
state by its respective social work practice act or other 570
applicable state law, any member state may participate with 571
other member states in joint investigations of licensees. 572
(b) Member states shall share any investigative, 573
litigation, or compliance materials in furtherance of any joint 574
or individual investigation initiated under the compact. 575
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(7) If adverse action is taken by the home state against 576
the multistate license of a regulated socia l worker, the 577
regulated social worker's multistate authorization to practice 578
in all other member states shall be deactivated until all 579
encumbrances have been removed from the multistate license. All 580
home state disciplinary orders that impose adverse action 581
against the license of a regulated social worker shall include a 582
statement that the regulated social worker's multistate 583
authorization to practice is deactivated in all member states 584
until all conditions of the decision, order, or agreement are 585
satisfied. 586
(8) If a member state takes adverse action, it shall 587
promptly notify the administrator of the data system. The 588
administrator of the data system shall promptly notify the home 589
state and all other member state's of any adverse actions by 590
remote states. 591
(9) This compact does not override a member state's 592
decision that participation in an alternative program may be 593
used in lieu of adverse action. 594
(10) This compact does not authorize a member state to 595
demand the issuance of subpoenas for attendance and te stimony of 596
witnesses or the production of evidence from another member 597
state for lawful actions within that member state. 598
(11) This compact does not authorize a member state to 599
impose discipline against a regulated social worker who holds a 600
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multistate authorization to practice for lawful actions within 601
another member state. 602
603
ARTICLE X 604
ESTABLISHMENT OF SOCIAL WORK LICENSURE 605
INTERSTATE COMPACT COMMISSION 606
607
(1) The compact member states hereby create and establish 608
a joint government agency whose membership consists of all 609
member states that have enacted the compact known as the Social 610
Work Licensure Interstate Compact Commission. The commission is 611
an instrumentality of the compact states acting jointly and not 612
an instrumentality of any one state. The commiss ion shall come 613
into existence on or after the effective date of the compact as 614
set forth in Article XVI. 615
(2)(a) Each member state shall have and be limited to one 616
(1) delegate selected by that member state's licensing 617
authority. The delegate shall be eit her: 618
1. A current member of the licensing authority at the time 619
of appointment who is a regulated social worker or public member 620
of the state licensing authority; or 621
2. An administrator of the licensing authority or his or 622
her designee. 623
(b) The commission shall by rule or bylaw establish a term 624
of office for delegates and may by rule or bylaw establish term 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
limits. 626
(c) The commission may recommend removal or suspension of 627
any delegate from office. 628
(d) A member state's licensing authority shall fil l any 629
vacancy of its delegate occurring on the commission within 60 630
days after the vacancy. 631
(e) Each delegate shall be entitled to one vote on all 632
matters before the commission requiring a vote by commission 633
delegates. 634
(f) A delegate shall vote in pers on or by such other means 635
as provided in the bylaws. The bylaws may provide for delegates 636
to meet by telecommunication, videoconference, or other means of 637
communication. 638
(g) The commission shall meet at least once during each 639
calendar year. Additional me etings may be held as set forth in 640
the bylaws. The commission may meet by telecommunication, video 641
conference, or other similar electronic means. 642
(3) The commission shall have the following powers: 643
(a) Establish the fiscal year of the commission. 644
(b) Establish code of conduct and conflict of interest 645
policies. 646
(c) Establish and amend rules and bylaws. 647
(d) Maintain its financial records in accordance with the 648
bylaws. 649
(e) Meet and take such actions as are consistent with the 650
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provisions of this com pact, the commission's rules, and the 651
bylaws. 652
(f) Initiate and conclude legal proceedings or actions in 653
the name of the commission, provided that the standing of any 654
licensing authority to sue or be sued under applicable law may 655
not be affected. 656
(g) Maintain and certify records and information provided 657
to a member state as the authenticated business records of the 658
commission, and designate an agent to do so on the commission's 659
behalf. 660
(h) Purchase and maintain insurance and bonds. 661
(i) Borrow, accept, or contract for services of personnel, 662
including, but not limited to, employees of a member state. 663
(j) Conduct an annual financial review. 664
(k) Hire employees, elect or appoint officers, fix 665
compensation, define duties, grant such individuals appropriate 666
authority to carry out the purposes of the compact, and 667
establish the commission's personnel policies and programs 668
relating to conflicts of interest, qualifications of personnel, 669
and other related personnel matters. 670
(l) Assess and collect fee s. 671
(m) Accept any and all appropriate gifts, donations, 672
grants of money, other sources of revenue, equipment, supplies, 673
materials, and services, and receive, utilize, and dispose of 674
the same; provided that at all times the commission shall avoid 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any appearance of impropriety or conflict of interest. 676
(n) Lease, purchase, retain, own, hold, improve, or use 677
any property, real, personal, or mixed, or any undivided 678
interest therein. 679
(o) Sell, convey, mortgage, pledge, lease, exchange, 680
abandon, or otherwise dispose of any property real, personal, or 681
mixed. 682
(p) Establish a budget and make expenditures. 683
(q) Borrow money. 684
(r) Appoint committees, including standing committees, 685
composed of members, state regulators, state legislators or 686
their representative s, and consumer representatives, and such 687
other interested persons as may be designated in this compact 688
and the bylaws. 689
(s) Provide and receive information from, and cooperate 690
with, law enforcement agencies. 691
(t) Establish and elect an executive committ ee, including 692
a chair and a vice chair. 693
(u) Determine whether a state's adopted language is 694
materially different from the model compact language such that 695
the state would not qualify for participation in the compact. 696
(v) Perform such other functions as may be necessary or 697
appropriate to achieve the purposes of this compact. 698
(4)(a) The executive committee shall have the power to act 699
on behalf of the commission according to the terms of this 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
compact. The powers, duties, and responsibilities of the 701
executive committee shall include: 702
1. Oversee the day-to-day activities of the administration 703
of the compact, including enforcement and compliance with the 704
provisions of the compact, its rules and bylaws, and other such 705
duties as deemed necessary. 706
2. Recommend to the commission changes to the rules or 707
bylaws, changes to this compact legislation, fees charged to 708
compact member states, fees charged to licensees, and other 709
fees. 710
3. Ensure compact administration services are 711
appropriately provided, including b y contract. 712
4. Prepare and recommend the budget. 713
5. Maintain financial records on behalf of the commission. 714
6. Monitor compact compliance of member states and provide 715
compliance reports to the commission. 716
7. Establish additional committees as neces sary. 717
8. Exercise the powers and duties of the commission during 718
the interim between commission meetings, except for adopting or 719
amending rules, adopting or amending bylaws, and exercising any 720
other powers and duties expressly reserved to the commission by 721
rule or bylaw. 722
9. Other duties as provided in the rules or bylaws of the 723
commission. 724
(b) The executive committee shall be composed of up to 11 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
members: 726
1. The chair and vice chair of the commission shall be 727
voting members of the executive committe e. 728
2. The commission shall elect five voting members from the 729
current membership of the commission. 730
3. Up to four ex-officio, nonvoting members from four 731
recognized national social work organizations, selected by their 732
respective organizations. 733
(c) The commission may remove any member of the executive 734
committee as provided in the commission's bylaws. 735
(d) The executive committee shall meet at least annually. 736
1. Executive committee meetings shall be open to the 737
public, except that the executive comm ittee may meet in a 738
closed, nonpublic meeting as provided in subsection (6). 739
2. The executive committee shall give 7 days' notice of 740
its meetings, posted on its website and as determined to provide 741
notice to persons with an interest in the business of th e 742
commission. 743
3. The executive committee may hold a special meeting in 744
accordance with subsection (6). 745
(5) The commission shall adopt and provide to the member 746
states an annual report. 747
(6) All meetings shall be open to the public, except that 748
the commission may meet in a closed, nonpublic meeting as 749
provided in s. 491.023. 750
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(a) Public notice for all meetings of the full commission 751
of meetings shall be given in the same manner as required under 752
the rulemaking provisions in Article XII, except that the 753
commission may hold a special meeting as provided in paragraph 754
(b). 755
(b) The commission may hold a special meeting when it must 756
meet to conduct emergency business by giving 48 hours' notice to 757
all commissioners, on the commission's website, and by other 758
means as provided in the commission's rules. The commission's 759
legal counsel shall certify that the commission's need to meet 760
qualifies as an emergency. 761
(c) If a meeting, or portion of a meeting, is closed, the 762
presiding officer shall state that the meeti ng will be closed 763
and reference each relevant exempting provision, and such 764
reference shall be recorded in the minutes. 765
(d) The commission shall keep minutes that fully and 766
clearly describe all matters discussed in a meeting and shall 767
provide a full and accurate summary of actions taken, and the 768
reasons therefore, including a description of the views 769
expressed. All documents considered in connection with an action 770
shall be identified in such minutes. All minutes and documents 771
of a closed meeting shall rem ain under seal, subject to release 772
only by a majority vote of the commission or order of a court of 773
competent jurisdiction. 774
(7)(a) The commission shall pay, or provide for the 775
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payment of, the reasonable expenses of its establishment, 776
organization, and on going activities. 777
(b) The commission may accept any and all appropriate 778
revenue sources as provided in paragraph (3)(m). 779
(c) The commission may levy on and collect an annual 780
assessment from each member state and impose fees on licensees 781
of member states to whom it grants a multistate license to cover 782
the cost of the operations and activities of the commission and 783
its staff, which must be in a total amount sufficient to cover 784
its annual budget as approved each year for which revenue is not 785
provided by other sources. The aggregate annual assessment 786
amount for member states shall be allocated based upon a formula 787
that the commission shall adopt by rule. 788
(d) The commission may not incur obligations of any kind 789
prior to securing the funds adequate to meet t he same; nor shall 790
the commission pledge the credit of any of the member states, 791
except by and with the authority of the member state. 792
(e) The commission shall keep accurate accounts of all 793
receipts and disbursements. The receipts and disbursements of 794
the commission shall be subject to the financial review and 795
accounting procedures established under its bylaws. However, all 796
receipts and disbursements of funds handled by the commission 797
shall be subject to an annual financial review by a certified or 798
licensed public accountant, and the report of the financial 799
review shall be included in and become part of the annual report 800
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of the commission. 801
(8)(a) The members, officers, executive director, 802
employees, and representatives of the commission shall be immune 803
from suit and liability, both personally and in their official 804
capacity, for any claim for damage to or loss of property or 805
personal injury or other civil liability caused by or arising 806
out of any actual or alleged act, error, or omission that 807
occurred, or that the person against whom the claim is made had 808
a reasonable basis for believing occurred within the scope of 809
commission employment, duties, or responsibilities; provided 810
that this paragraph does not protect any such person from suit 811
or liability for any damage, loss, injury, or liability caused 812
by the intentional or willful or wanton misconduct of that 813
person. The procurement of insurance of any type by the 814
commission may not in any way compromise or limit the immunity 815
granted hereunder. 816
(b) The commission shall defend any member, officer, 817
executive director, employee, and representative of the 818
commission in any civil action seeking to impose liability 819
arising out of any actual or alleged act, error, or omission 820
that occurred within the scope of commis sion employment, duties, 821
or responsibilities, or as determined by the commission that the 822
person against whom the claim is made had a reasonable basis for 823
believing occurred within the scope of commission employment, 824
duties, or responsibilities; provided t hat nothing herein shall 825
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be construed to prohibit that person from retaining his or her 826
own counsel at his or her own expense; and provided further that 827
the actual or alleged act, error, or omission did not result 828
from that person's intentional or willful or wanton misconduct. 829
(c) The commission shall indemnify and hold harmless any 830
member, officer, executive director, employee, and 831
representative of the commission for the amount of any 832
settlement or judgment obtained against that person arising out 833
of any actual or alleged act, error, or omission that occurred 834
within the scope of commission employment, duties, or 835
responsibilities, or that such person had a reasonable basis for 836
believing occurred within the scope of commission employment, 837
duties, or responsibilities, provided that the actual or alleged 838
act, error, or omission did not result from the intentional or 839
willful or wanton misconduct of that person. 840
(d) Nothing herein shall be construed as a limitation on 841
the liability of any licensee for profess ional malpractice or 842
misconduct, which shall be governed solely by any other 843
applicable state laws. 844
(e) This compact may not be interpreted to waive or 845
otherwise abrogate a member state's state action immunity or 846
state action affirmative defense with res pect to antitrust 847
claims under the Sherman Antitrust Act, Clayton Antitrust Act of 848
1914, or any other state or federal antitrust or anticompetitive 849
law or regulation. 850
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(f) This compact may not be construed to be a waiver of 851
sovereign immunity by the member states or by the commission. 852
853
ARTICLE XI 854
DATA SYSTEM 855
856
(1) The commission shall provide for the development, 857
maintenance, operation, and utilization of a coordinated data 858
system. 859
(2) The commission shall assign each applicant for a 860
multistate license a unique identifier, as determined by the 861
rules of the commission. 862
(3) Notwithstanding any other provision of state law to 863
the contrary, a member state shall submit a uniform data set to 864
the data system on all individuals to whom this compact is 865
applicable as required by the rules of the commission, 866
including: 867
(a) Identifying information. 868
(b) Licensure data. 869
(c) Adverse actions against a license and information 870
related thereto. 871
(d) Nonconfidential information related to alternative 872
program participation, the beginning and ending dates of such 873
participation, and other information related to such 874
participation not made confidential under member state law. 875
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(e) Any denial of application for licensure, and the 876
reason for such denial. 877
(f) The presence of current significant investigative 878
information. 879
(g) Other information that may facilitate the 880
administration of this compact or the protection of the public, 881
as determined by the rules of the commission. 882
(4) The records and information provided to a member state 883
pursuant to this compact or through the data system, when 884
certified by the commission or an agent thereof, shall 885
constitute the authenticated business records of the commission, 886
and shall be entitled to any associated hearsay exc eption in any 887
relevant judicial, quasi -judicial, or administrative proceedings 888
in a member state. 889
(5)(a) Current significant investigative information 890
pertaining to a licensee in any member state will only be 891
available to other member states. 892
(b) It is the responsibility of the member states to 893
report any adverse action against a licensee and to monitor the 894
database to determine whether adverse action has been taken 895
against a licensee. Adverse action information pertaining to a 896
licensee in any member st ate will be available to any other 897
member state. 898
(6) Member states contributing information to the data 899
system may designate information that may not be shared with the 900
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public without the express permission of the contributing state. 901
(7) Any information submitted to the data system that is 902
subsequently expunged pursuant to federal law or the laws of the 903
member state contributing the information shall be removed from 904
the data system. 905
906
ARTICLE XII 907
RULEMAKING 908
909
(1) The commission shall adopt reasonable ru les in order 910
to effectively and efficiently implement and administer the 911
purposes and provisions of the compact. A rule shall be invalid 912
and have no force or effect only if a court of competent 913
jurisdiction holds that the rule is invalid because the 914
commission exercised its rulemaking authority in a manner that 915
is beyond the scope and purposes of the compact, or the powers 916
granted hereunder, or based upon another applicable standard of 917
review. 918
(2) The rules of the commission shall have the force of 919
law in each member state, provided, however, that if the rules 920
of the commission conflict with the laws of the member state 921
that establish the member state's laws, regulations, and 922
applicable standards that govern the practice of social work as 923
held by a court of competent jurisdiction, the rules of the 924
commission shall be ineffective in that state to the extent of 925
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the conflict. 926
(3) The commission shall exercise its rulemaking powers 927
pursuant to the criteria set forth in this section and the rules 928
adopted thereunder. Rules shall become binding on the day 929
following adoption or the date specified in the rule or 930
amendment, whichever is later. 931
(4) If a majority of the legislatures of the member states 932
rejects a rule or portion of a rule, by enactment of a statute 933
or resolution in the same manner used to adopt the compact 934
within 4 years after the date of adoption of the rule, then such 935
rule shall have no further force and effect in any member state. 936
(5) Rules shall be adopted at a regular or special meeting 937
of the commission. 938
(6) Before adoption of a proposed rule, the commission 939
shall hold a public hearing and allow persons to provide oral 940
and written comments, data, facts, opinions, and arguments. 941
(7) Before adoption of a proposed rule by the commission, 942
and at least 30 days in advance of the meeting at which the 943
commission will hold a public hearing on the proposed rule, the 944
commission shall provide a notice of proposed rulemaking: 945
(a) On the website of the commission or other publicly 946
accessible platform. 947
(b) To persons who have requested notice of the 948
commission's notices of proposed rulemaking. 949
(c) In such other way as the commission may by rule 950
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specify. 951
(8) The notice of proposed rulemaking shall include: 952
(a) The time, date, and location of the p ublic hearing at 953
which the commission will hear public comments on the proposed 954
rule and, if different, the time, date, and location of the 955
meeting where the commission will consider and vote on the 956
proposed rule. 957
(b) If the hearing is held via telecommu nication, video 958
conference, or other electronic means, the commission shall 959
include the mechanism for access to the hearing in the notice of 960
proposed rulemaking. 961
(c) The text of the proposed rule and the reason therefor. 962
(d) A request for comments on t he proposed rule from any 963
interested person. 964
(e) The manner in which interested persons may submit 965
written comments. 966
(9) All hearings will be recorded. A copy of the recording 967
and all written comments and documents received by the 968
commission in respons e to the proposed rule shall be available 969
to the public. 970
(10) This section does not require a separate hearing on 971
each rule. Rules may be grouped for the convenience of the 972
commission at hearings required by this section. 973
(11) The commission shall, by majority vote of all 974
members, take final action on the proposed rule based on the 975
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rulemaking record and the full text of the rule. 976
(a) The commission may adopt changes to the proposed rule 977
provided the changes do not enlarg e the original purpose of the 978
proposed rule. 979
(b) The commission shall provide an explanation of the 980
reasons for substantive changes made to the proposed rule as 981
well as reasons for substantive changes not made that were 982
recommended by commenters. 983
(c) The commission shall determine a reasonable effective 984
date for the rule. Except for an emergency as provided in 985
subsection (12), the effective date of the rule shall be no 986
sooner than 30 days after issuing the notice that it adopted or 987
amended the rule. 988
(12) Upon determination that an emergency exists, the 989
commission may consider and adopt an emergency rule with 48 990
hours' notice, with opportunity to comment, provided that the 991
usual rulemaking procedures provided in the compact and in this 992
section shall be retroactively applied to the rule as soon as 993
reasonably possible, but in no event later than 90 days after 994
the effective date of the rule. For the purposes of this 995
subsection, an emergency rule is one that must be adopted 996
immediately in order to: 997
(a) Meet an imminent threat to public health, safety, or 998
welfare; 999
(b) Prevent a loss of commission or member state funds; 1000
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(c) Meet a deadline for the adoption of a rule that is 1001
established by federal law or rule; or 1002
(d) Protect public health and safety. 1003
(13) The commission or an authorized committee of the 1004
commission may direct revisions to a previously adopted rule for 1005
purposes of correcting typographical errors, errors in format, 1006
errors in consistency, or grammatical errors. Public notice of 1007
any revisions shall be posted on the website of the commission. 1008
The revision shall be subject to challenge by any person for a 1009
period of 30 days after posting. The revision may be challenged 1010
only on grounds that the revision results in a material change 1011
to a rule. A challenge shall be made in writing and delivered to 1012
the commission prior to the end of the notice period. If no 1013
challenge is made, the revision will take effect without further 1014
action. If the revision is challenged, the revision may not take 1015
effect without the approval of the commission. 1016
(14) No member state's rulemaking requirements shall apply 1017
under this compact. 1018
1019
ARTICLE XIII 1020
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 1021
1022
(1)(a) The executive and judicial branches of state 1023
government in each member state shall enforce this compact and 1024
take all actions necessary and appropriate to implement the 1025
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compact. 1026
(b) Except as otherwise provided in this compact, venue is 1027
proper and judicial proceedings by or against the commission 1028
shall be brought solely and exclusively in a court of competent 1029
jurisdiction where the principal office of the commission is 1030
located. The commission may waive venue and jurisdictional 1031
defenses to the extent it adopts or consents to participate in 1032
alternative dispute resolution proce edings. Nothing herein shall 1033
affect or limit the selection or propriety of venue in any 1034
action against a licensee for professional malpractice, 1035
misconduct, or any such similar matter. 1036
(c) The commission shall be entitled to receive service of 1037
process in any proceeding regarding the enforcement or 1038
interpretation of the compact and shall have standing to 1039
intervene in such a proceeding for all purposes. Failure to 1040
provide the commission service of process shall render a 1041
judgment or order void as to the commi ssion, this compact, or 1042
adopted rules. 1043
(2)(a) If the commission determines that a member state 1044
has defaulted in the performance of its obligations or 1045
responsibilities under this compact or the adopted rules, the 1046
commission shall provide written notice to the defaulting state. 1047
The notice of default shall describe the default, the proposed 1048
means of curing the default, and any other action that the 1049
commission may take, and shall offer training and specific 1050
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technical assistance regarding the default. 1051
(b) The commission shall provide a copy of the notice of 1052
default to the other member states. 1053
(3) If a state in default fails to cure the default, the 1054
defaulting state may be terminated from the compact upon an 1055
affirmative vote of a majority of the delegates of the member 1056
states, and all rights, privileges, and benefits conferred on 1057
that state by this compact may be terminated on the effective 1058
date of termination. A cure of the default does not relieve the 1059
offending state of obligations or liabilities incurred d uring 1060
the period of default. 1061
(4) Termination of membership in the compact shall be 1062
imposed only after all other means of securing compliance have 1063
been exhausted. Notice of intent to suspend or terminate shall 1064
be given by the commission to the Governor, t he majority and 1065
minority leaders of the defaulting state's legislature, the 1066
defaulting state's state licensing authority, and each of the 1067
member states' licensing authority. 1068
(5) A state that has been terminated is responsible for 1069
all assessments, obligat ions, and liabilities incurred through 1070
the effective date of termination, including obligations that 1071
extend beyond the effective date of termination. 1072
(6) Upon the termination of a state's membership from this 1073
compact, that state shall immediately provide notice to all 1074
licensees within that state of such termination. The terminated 1075
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state shall continue to recognize all licenses granted pursuant 1076
to this compact for a minimum of 6 months after the date of said 1077
notice of termination. 1078
(7) The commission may not bear any costs related to a 1079
state that is found to be in default or that has been terminated 1080
from the compact, unless agreed upon in writing between the 1081
commission and the defaulting state. 1082
(8) The defaulting state may appeal the action of the 1083
commission by petitioning the United States District Court for 1084
the District of Columbia or the federal district where the 1085
commission has its principal offices. The prevailing party shall 1086
be awarded all costs of such litigation, including reasonable 1087
attorney fees. 1088
(9)(a) Upon request by a member state, the commission 1089
shall attempt to resolve disputes related to the compact that 1090
arise among member states and between member and nonmember 1091
states. 1092
(b) The commission shall adopt a rule providing for both 1093
mediation and binding dispute resolution for disputes as 1094
appropriate. 1095
(10)(a) By majority vote as provided by rule, the 1096
commission may initiate legal action against a member state in 1097
default in the United States District Court for the District of 1098
Columbia or the federal district where the commission has its 1099
principal offices to enforce compliance with the provisions of 1100
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the compact and its adopted rules. The relief sought may include 1101
both injunctive relief and damages. In the event judicial 1102
enforcement is necessary, the prevailing party shall be awarded 1103
all costs of such liti gation, including reasonable attorney 1104
fees. The remedies herein may not be the exclusive remedies of 1105
the commission. The commission may pursue any other remedies 1106
available under federal or the defaulting member state's law. 1107
(b) A member state may initiat e legal action against the 1108
commission in the United States District Court for the District 1109
of Columbia or the federal district where the commission has its 1110
principal offices to enforce compliance with the provisions of 1111
the compact and its adopted rules. Th e relief sought may include 1112
both injunctive relief and damages. In the event judicial 1113
enforcement is necessary, the prevailing party shall be awarded 1114
all costs of such litigation, including reasonable attorney 1115
fees. 1116
(c) Only a member state may enforce th is compact against 1117
the commission. 1118
1119
ARTICLE XIV 1120
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 1121
1122
(1) The compact shall come into effect on the date on 1123
which the compact statute is enacted into law in the seventh 1124
member state. 1125
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(2)(a) On or after the effective date of the compact, the 1126
commission shall convene and review the enactment of each of the 1127
first seven charter member states to determine if the statute 1128
enacted by each such charter member state is materially 1129
different than the model compact statute. 1130
1. A charter member state whose enactment is found to be 1131
materially different from the model compact statute shall be 1132
entitled to the default process set forth in Article XIII. 1133
2. If any member state is later found to be in default, or 1134
is terminated or with draws from the compact, the commission 1135
shall remain in existence and the compact shall remain in effect 1136
even if the number of member states should be less than seven. 1137
(b) Member states enacting the compact subsequent to the 1138
seven initial charter member s tates shall be subject to the 1139
process provided in paragraph (3)(u) of Article X to determine 1140
if their enactments are materially different from the model 1141
compact statute and whether they qualify for participation in 1142
the compact. 1143
(c) All actions taken for the benefit of the commission or 1144
in furtherance of the purposes of the administration of the 1145
compact prior to the effective date of the compact or the 1146
commission coming into existence shall be considered to be 1147
actions of the commission unless specifically repudiated by the 1148
commission. 1149
(d) Any state that joins the compact subsequent to the 1150
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commission's initial adoption of the rules and bylaws shall be 1151
subject to the rules and bylaws as they exist on the date on 1152
which the compact becomes law in that state. Any rule that has 1153
been previously adopted by the commission shall have the full 1154
force and effect of law on the day the compact becomes law in 1155
that state. 1156
(3) Any member state may withdraw from this compact by 1157
enacting a statute repealing the same. 1158
(a) A member state's withdrawal may not take effect until 1159
180 days after enactment of the repealing statute. 1160
(b) Withdrawal may not affect the continuing requirement 1161
of the withdrawing state's licensing authority to comply with 1162
the investigative and adverse action reporting requirements of 1163
this compact before the effective date of withdrawal. 1164
(c) Upon the enactment of a statute withdrawing from this 1165
compact, a state shall immediately provide notice of such 1166
withdrawal to all licensees within that state. Notw ithstanding 1167
any subsequent statutory enactment to the contrary, such 1168
withdrawing state shall continue to recognize all licenses 1169
granted pursuant to this compact for a minimum of 180 days after 1170
the date of such notice of withdrawal. 1171
(4) This compact does not invalidate or prevent any 1172
licensure agreement or other cooperative arrangement between a 1173
member state and a nonmember state that does not conflict with 1174
the provisions of this compact. 1175
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(5) This compact may be amended by the member states. Any 1176
amendment to this compact is not effective and binding upon any 1177
member state until it is enacted into the laws of all member 1178
states. 1179
1180
ARTICLE XV 1181
CONSTRUCTION AND SEVERABILITY 1182
1183
(1) This compact and the commission's rulemaking authority 1184
shall be liberally construe d so as to effectuate the purposes 1185
and the implementation and administration of the compact. 1186
Provisions of the compact expressly authorizing or requiring the 1187
adoption of rules may not be construed to limit the commission's 1188
rulemaking authority solely for t hose purposes. 1189
(2) The provisions of this compact shall be severable and 1190
if any phrase, clause, sentence, or provision of this compact is 1191
held by a court of competent jurisdiction to be contrary to the 1192
constitution of any member state, a state seeking pa rticipation 1193
in the compact, or of the United states, or the applicability 1194
thereof to any government, agency, person, or circumstance is 1195
held to be unconstitutional by a court of competent 1196
jurisdiction, the validity of the remainder of this compact and 1197
the applicability thereof to any other government, agency, 1198
person, or circumstance may not be affected thereby. 1199
(3) Notwithstanding subsection (2), the commission may 1200
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deny a state's participation in the compact or, in accordance 1201
with the requirements of subs ection (2) of Article XIII, 1202
terminate a member state's participation in the compact, if it 1203
determines that a constitutional requirement of a member state 1204
is a material departure from the compact. Otherwise, if this 1205
compact shall be held to be contrary to t he constitution of any 1206
member state, the compact shall remain in full force and effect 1207
as to the remaining member states and in full force and effect 1208
as to the member state affected as to all severable matters. 1209
1210
ARTICLE XVI 1211
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1212
1213
(1) A licensee providing services in a remote state under 1214
a multistate authorization to practice shall adhere to the laws 1215
and regulations, including laws, regulations, and applicable 1216
standards, of the remote state where the client is located at 1217
the time care is rendered. 1218
(2) Nothing herein shall prevent or inhibit the 1219
enforcement of any other law of a member state that is not 1220
inconsistent with the compact. 1221
(3) Any laws, statutes, regulations, or other legal 1222
requirements in a mem ber state in conflict with the compact are 1223
superseded to the extent of the conflict. 1224
(4) All permissible agreements between the commission and 1225
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the member states are binding in accordance with their terms. 1226
Section 2. This act shall take effect July 1, 2024. 1227