| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
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| 10 | 10 | 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 | |
| 11 | 11 | ||
| 12 | 12 | ||
| 13 | 13 | ||
| 14 | 14 | A bill to be entitled 1 | |
| 15 | 15 | An act relating to the Social Work Licensure 2 | |
| 16 | 16 | Interstate Compact; creating s. 491.022, F.S.; 3 | |
| 17 | 17 | creating the Social Work Licensure Interstate Compact; 4 | |
| 18 | 18 | providing purposes, objectives, and definitions; 5 | |
| 19 | 19 | specifying requirements for state participation in the 6 | |
| 20 | 20 | compact and duties of member states; specifying that 7 | |
| 21 | 21 | the compact does not affect an individual's ability to 8 | |
| 22 | 22 | apply for, and a member state's ability to grant, a 9 | |
| 23 | 23 | single state license pursuant to the laws of that 10 | |
| 24 | 24 | state; providing for recognition of compact privile ge 11 | |
| 25 | 25 | in member states; specifying criteria a licensee must 12 | |
| 26 | 26 | meet for compact privilege; providing for the 13 | |
| 27 | 27 | expiration and renewal of compact privilege; 14 | |
| 28 | 28 | specifying that a licensee with compact privilege in a 15 | |
| 29 | 29 | remote state must adhere to the laws and rules of tha t 16 | |
| 30 | 30 | state; authorizing member states to act on a 17 | |
| 31 | 31 | licensee's compact privilege under certain 18 | |
| 32 | 32 | circumstances; specifying the consequences and 19 | |
| 33 | 33 | parameters of practice for a licensee whose compact 20 | |
| 34 | 34 | privilege has been acted on or whose home state 21 | |
| 35 | 35 | license is encumbered; specifying that a licensee may 22 | |
| 36 | 36 | hold a home state license in only one member state at 23 | |
| 37 | 37 | a time; specifying requirements and procedures for 24 | |
| 38 | 38 | changing a home state license designation; authorizing 25 | |
| 39 | 39 | ||
| 40 | - | ||
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| 47 | 47 | 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 | |
| 48 | 48 | ||
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | 51 | active duty military personnel or their spouses to 26 | |
| 52 | 52 | keep their home state designation during active duty; 27 | |
| 53 | 53 | authorizing member states to take adverse actions 28 | |
| 54 | 54 | against licensees and issue subpoenas for hearings and 29 | |
| 55 | 55 | investigations under certain circumstances; providing 30 | |
| 56 | 56 | requirements and procedures for such adverse action; 31 | |
| 57 | 57 | authorizing member states to engage in joint 32 | |
| 58 | 58 | investigations under certain circumstances; providing 33 | |
| 59 | 59 | that a licensee's compact privilege must be 34 | |
| 60 | 60 | deactivated in all member states for the duration of 35 | |
| 61 | 61 | an encumbrance imposed by the licensee's home state; 36 | |
| 62 | 62 | providing for notice to the data system and the 37 | |
| 63 | 63 | licensee's home state of any adverse action taken 38 | |
| 64 | 64 | against a licensee; establishing the Social Work 39 | |
| 65 | 65 | Licensure Interstate Compact Commission; providing for 40 | |
| 66 | 66 | jurisdiction and venue for court proceedings; 41 | |
| 67 | 67 | providing for membership and powers of the commission; 42 | |
| 68 | 68 | specifying powers and duties of the commission's 43 | |
| 69 | 69 | executive committee; providing for the financing of 44 | |
| 70 | 70 | the commission; providing specified individuals 45 | |
| 71 | 71 | immunity from civil liability under certain 46 | |
| 72 | 72 | circumstances; providin g exceptions; requiring the 47 | |
| 73 | 73 | commission to defend the specified individuals in 48 | |
| 74 | 74 | civil actions under certain circumstances; requiring 49 | |
| 75 | 75 | the commission to indemnify and hold harmless 50 | |
| 76 | 76 | ||
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| 84 | 84 | 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 | |
| 85 | 85 | ||
| 86 | 86 | ||
| 87 | 87 | ||
| 88 | 88 | specified individuals for any settlement or judgment 51 | |
| 89 | 89 | obtained in such actions u nder certain circumstances; 52 | |
| 90 | 90 | providing for the development of the data system, 53 | |
| 91 | 91 | reporting procedures, and the exchange of specified 54 | |
| 92 | 92 | information between member states; requiring the 55 | |
| 93 | 93 | commission to notify member states of any adverse 56 | |
| 94 | 94 | action taken against a lice nsee or applicant for 57 | |
| 95 | 95 | licensure; authorizing member states to designate as 58 | |
| 96 | 96 | confidential information provided to the data system; 59 | |
| 97 | 97 | requiring the commission to remove information from 60 | |
| 98 | 98 | the data system under certain circumstances; providing 61 | |
| 99 | 99 | rulemaking procedure s for the commission; providing 62 | |
| 100 | 100 | for member state enforcement of the compact; 63 | |
| 101 | 101 | authorizing the commission to receive notice of 64 | |
| 102 | 102 | process, and have standing to intervene, in certain 65 | |
| 103 | 103 | proceedings; rendering certain judgments and orders 66 | |
| 104 | 104 | void as to the commission, the compact, or commission 67 | |
| 105 | 105 | rules under certain circumstances; providing for 68 | |
| 106 | 106 | defaults and termination of compact membership; 69 | |
| 107 | 107 | providing procedures for the resolution of certain 70 | |
| 108 | 108 | disputes; providing for commission enforcement of the 71 | |
| 109 | 109 | compact; providing for reme dies; providing for 72 | |
| 110 | 110 | implementation of, withdrawal from, and amendment to 73 | |
| 111 | 111 | the compact; specifying that licensees practicing in a 74 | |
| 112 | 112 | remote state under the compact must adhere to the laws 75 | |
| 113 | 113 | ||
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| 121 | 121 | 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 | |
| 122 | 122 | ||
| 123 | 123 | ||
| 124 | 124 | ||
| 125 | 125 | and rules of that state; specifying that the compact, 76 | |
| 126 | 126 | commission rules, and commission actions are binding 77 | |
| 127 | 127 | on member states; providing construction; providing 78 | |
| 128 | - | for severability; | |
| 129 | - | ||
| 130 | - | ||
| 131 | - | ||
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| 128 | + | for severability; providing an effective date. 79 | |
| 129 | + | 80 | |
| 130 | + | Be It Enacted by the Legislature of the state of Florida: 81 | |
| 131 | + | 82 | |
| 132 | + | Section 1. Section 491.022, Florida Statutes, is create d 83 | |
| 133 | + | to read: 84 | |
| 134 | + | 491.022 Social Work Licensure Interstate Compact. —The 85 | |
| 135 | + | Social Work Licensure Interstate Compact is hereby enacted into 86 | |
| 136 | + | law and entered into by this state with all other states legally 87 | |
| 137 | + | joining therein in the form substantially as follows: 88 | |
| 138 | + | 89 | |
| 139 | + | ARTICLE I 90 | |
| 140 | + | PURPOSE 91 | |
| 141 | + | 92 | |
| 142 | + | The purpose of this compact is to facilitate interstate 93 | |
| 143 | + | practice of regulated social workers by improving public access 94 | |
| 144 | + | to competent social work services. The compact preserves the 95 | |
| 145 | + | regulatory authority of member states to protect public heal th 96 | |
| 146 | + | and safety through the current system of licensure. This compact 97 | |
| 147 | + | is designed to achieve all of the following objectives: 98 | |
| 148 | + | (1) Increase public access to social work services. 99 | |
| 149 | + | (2) Reduce overly burdensome and duplicative requirements 100 | |
| 150 | 150 | ||
| 151 | - | ||
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| 152 | 152 | ||
| 153 | 153 | ||
| 154 | 154 | ||
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| 158 | 158 | 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 | |
| 159 | 159 | ||
| 160 | 160 | ||
| 161 | 161 | ||
| 162 | - | ||
| 163 | - | 102 | |
| 164 | - | ||
| 165 | - | 104 | |
| 166 | - | ||
| 167 | - | ||
| 168 | - | ||
| 169 | - | ||
| 170 | - | ||
| 171 | - | ||
| 172 | - | 111 | |
| 173 | - | ||
| 174 | - | ||
| 175 | - | 114 | |
| 176 | - | The | |
| 177 | - | ||
| 178 | - | ||
| 179 | - | ||
| 180 | - | ||
| 181 | - | ||
| 182 | - | ||
| 183 | - | ||
| 184 | - | ||
| 185 | - | | |
| 186 | - | ||
| 162 | + | associated with holding multiple licenses. 101 | |
| 163 | + | (3) Enhance member states' ability to protect the public 102 | |
| 164 | + | health and safety. 103 | |
| 165 | + | (4) Encourage the cooperation of member states in 104 | |
| 166 | + | regulating multistate practice. 105 | |
| 167 | + | (5) Promote mobility and address workforce shortages by 106 | |
| 168 | + | eliminating the necessity for licenses in multiple states by 107 | |
| 169 | + | providing for the mutual recognition of other member state 108 | |
| 170 | + | licenses. 109 | |
| 171 | + | (6) Support military families. 110 | |
| 172 | + | (7) Facilitate the exchange of licensure and disciplinary 111 | |
| 173 | + | information among member states. 112 | |
| 174 | + | (8) Authorize all member states to hold a regulated social 113 | |
| 175 | + | worker accountable for abiding by a member state's laws, 114 | |
| 176 | + | regulations, and applicable professional standards in the member 115 | |
| 177 | + | state in which the client is located at the time care is 116 | |
| 178 | + | rendered. 117 | |
| 179 | + | (9) Allow for the use of telehealth to facilitate 118 | |
| 180 | + | increased access to social work services. 119 | |
| 181 | + | 120 | |
| 182 | + | ARTICLE II 121 | |
| 183 | + | DEFINITIONS 122 | |
| 184 | + | 123 | |
| 185 | + | As used in this compact, the term: 124 | |
| 186 | + | (1) "Active military member" means any individual with 125 | |
| 187 | 187 | ||
| 188 | - | ||
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| 189 | 189 | ||
| 190 | 190 | ||
| 191 | 191 | ||
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| 195 | 195 | 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 | |
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| 197 | 197 | ||
| 198 | 198 | ||
| 199 | - | ||
| 200 | - | ||
| 201 | - | ( | |
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| 215 | - | 142 | |
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| 218 | - | 145 | |
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| 221 | - | ||
| 222 | - | ||
| 223 | - | ( | |
| 199 | + | full-time duty status in the active Armed Forces of the United 126 | |
| 200 | + | states including members of the National Guard and Reserve. 127 | |
| 201 | + | (2) "Adverse action" means any administrative, civil, 128 | |
| 202 | + | equitable or criminal action permitted by a state's laws which 129 | |
| 203 | + | is imposed by a licensing authority or other authority against a 130 | |
| 204 | + | regulated social worker, including actions against an 131 | |
| 205 | + | individual's license or multistate authorization to practice 132 | |
| 206 | + | such as revocation, suspension, probation, monitoring of the 133 | |
| 207 | + | licensee, limitation on the licensee's practice, or any other 134 | |
| 208 | + | encumbrance on licensur e affecting a regulated social worker's 135 | |
| 209 | + | authorization to practice, including issuance of a cease and 136 | |
| 210 | + | desist action. 137 | |
| 211 | + | (3) "Alternative program" means a nondisciplinary 138 | |
| 212 | + | monitoring or practice remediation process approved by a 139 | |
| 213 | + | licensing authority to address practitioners with an impairment. 140 | |
| 214 | + | (4) "Charter member states" means member states that have 141 | |
| 215 | + | enacted legislation to adopt this compact where such legislation 142 | |
| 216 | + | predates the effective date of this compact as described in 143 | |
| 217 | + | Article XIV. 144 | |
| 218 | + | (5) "Commission" means the government agency whose 145 | |
| 219 | + | membership consists of all states that have enacted this 146 | |
| 220 | + | compact, which is known as the Social Work Licensure Interstate 147 | |
| 221 | + | Compact commission, as described in Article X, and which shall 148 | |
| 222 | + | operate as an instrumentality of the member states. 149 | |
| 223 | + | (6) "Current significant investigative information" means: 150 | |
| 224 | 224 | ||
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| 232 | 232 | 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 | |
| 233 | 233 | ||
| 234 | 234 | ||
| 235 | 235 | ||
| 236 | - | ||
| 237 | - | ||
| 238 | - | regulated social worker, | |
| 239 | - | ||
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| 252 | - | ( | |
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| 257 | - | ||
| 258 | - | ( | |
| 259 | - | ||
| 260 | - | ||
| 236 | + | (a) Investigative information that a licensing authority, 151 | |
| 237 | + | after a preliminary inquiry that includes notification and an 152 | |
| 238 | + | opportunity for the regulated social worker to respond, has 153 | |
| 239 | + | reason to believe is not groundless and, if proved true, would 154 | |
| 240 | + | indicate more than a minor infraction as may be defined by the 155 | |
| 241 | + | commission; or 156 | |
| 242 | + | (b) Investigative information that indicates that the 157 | |
| 243 | + | regulated social worker represents an immediate threat to publi c 158 | |
| 244 | + | health and safety, as may be defined by the commission, 159 | |
| 245 | + | regardless of whether the regulated social worker has been 160 | |
| 246 | + | notified and has had an opportunity to respond. 161 | |
| 247 | + | (7) "Data system" means a repository of information about 162 | |
| 248 | + | licensees, including continuing education, examination, 163 | |
| 249 | + | licensure, current significant investigative information, 164 | |
| 250 | + | disqualifying events, multistate licenses, and adverse action 165 | |
| 251 | + | information or other information as required by the commission. 166 | |
| 252 | + | (8) "Disqualifying event" means any adverse a ction or 167 | |
| 253 | + | incident which results in an encumbrance that disqualifies or 168 | |
| 254 | + | makes the licensee ineligible to obtain, retain, or renew a 169 | |
| 255 | + | multistate license. 170 | |
| 256 | + | (9) "Domicile" means the jurisdiction in which the 171 | |
| 257 | + | licensee resides and intends to remain indefinitely. 172 | |
| 258 | + | (10) "Encumbrance" means a revocation or suspension of, or 173 | |
| 259 | + | any limitation on, the full and unrestricted practice of social 174 | |
| 260 | + | work licensed and regulated by an authority. 175 | |
| 261 | 261 | ||
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| 269 | 269 | 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 | |
| 270 | 270 | ||
| 271 | 271 | ||
| 272 | 272 | ||
| 273 | - | ||
| 274 | - | ||
| 275 | - | commission | |
| 276 | - | ( | |
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| 294 | - | work | |
| 295 | - | ( | |
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| 273 | + | (11) "Executive committee" means a group of delegates 176 | |
| 274 | + | elected or appointed to act o n behalf of, and within the powers 177 | |
| 275 | + | granted to them by, the compact and commission. 178 | |
| 276 | + | (12) "Home state" means the member state that is the 179 | |
| 277 | + | licensee's primary domicile. 180 | |
| 278 | + | (13) "Impairment" means a condition that may impair a 181 | |
| 279 | + | practitioner's ability to engage in full and unrestricted 182 | |
| 280 | + | practice as a regulated social worker without some type of 183 | |
| 281 | + | intervention and may include alcohol and drug dependence, mental 184 | |
| 282 | + | health impairment, and neurological or physical impairments. 185 | |
| 283 | + | (14) "Licensee" means an individual who curr ently holds a 186 | |
| 284 | + | license from a state to practice as a regulated social worker. 187 | |
| 285 | + | (15) "Licensing authority" means the board or agency of a 188 | |
| 286 | + | member state, or an equivalent, that is responsible for the 189 | |
| 287 | + | licensing and regulation of regulated social workers. 190 | |
| 288 | + | (16) "Member state" means a state, commonwealth, district, 191 | |
| 289 | + | or territory of the United States of America that has enacted 192 | |
| 290 | + | this compact. 193 | |
| 291 | + | (17) "Multistate authorization to practice" means a 194 | |
| 292 | + | legally authorized privilege to practice, which is equivalent to 195 | |
| 293 | + | a license, associated with a multistate license permitting the 196 | |
| 294 | + | practice of social work in a remote state. 197 | |
| 295 | + | (18) "Multistate license" means a license to practice as a 198 | |
| 296 | + | regulated social worker issued by a home state licensing 199 | |
| 297 | + | authority that authorizes the regulat ed social worker to 200 | |
| 298 | 298 | ||
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| 306 | 306 | 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 | |
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| 310 | - | ||
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| 312 | - | ( | |
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| 334 | - | ( | |
| 310 | + | practice in all member states under multistate authorization to 201 | |
| 311 | + | practice. 202 | |
| 312 | + | (19) "Qualifying National Exam" means a national licensing 203 | |
| 313 | + | examination approved by the commission. 204 | |
| 314 | + | (20) "Regulated social worker" means any clinical, 205 | |
| 315 | + | master's, or bachelor's social worker licensed by a member state 206 | |
| 316 | + | regardless of the title used by that member state. 207 | |
| 317 | + | (21) "Remote state" means a member state other than the 208 | |
| 318 | + | licensee's home state. 209 | |
| 319 | + | (22) "Rules" or "rules of the commission" means a 210 | |
| 320 | + | regulation or regulations duly adopted by the commission, as 211 | |
| 321 | + | authorized by the compact, that has the force of law. 212 | |
| 322 | + | (23) "Single state license" means a social work license 213 | |
| 323 | + | issued by any state that authorizes practice only within the 214 | |
| 324 | + | issuing state and does not in clude multistate authorization to 215 | |
| 325 | + | practice in any member state. 216 | |
| 326 | + | (24) "Social work" or "social work services" means the 217 | |
| 327 | + | application of social work theory, knowledge, methods, ethics, 218 | |
| 328 | + | and the professional use of self to restore or enhance social, 219 | |
| 329 | + | psychosocial, or biopsychosocial functioning of individuals, 220 | |
| 330 | + | couples, families, groups, organizations, and communities 221 | |
| 331 | + | through the care and services provided by a regulated social 222 | |
| 332 | + | worker as set forth in the member state's statutes and 223 | |
| 333 | + | regulations in the st ate where the services are being provided. 224 | |
| 334 | + | (25) "State" means any state, commonwealth, district, or 225 | |
| 335 | 335 | ||
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| 343 | 343 | 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 | |
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| 359 | - | practice | |
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| 347 | + | territory of the United States of America that regulates the 226 | |
| 348 | + | practice of social work. 227 | |
| 349 | + | (26) "Unencumbered license" means a license that 228 | |
| 350 | + | authorizes a regulated social worker to engage in the full and 229 | |
| 351 | + | unrestricted practice of social work. 230 | |
| 352 | + | 231 | |
| 353 | + | ARTICLE III 232 | |
| 354 | + | STATE PARTICIPATION IN THE COMPACT 233 | |
| 355 | + | 234 | |
| 356 | + | (1) To be eligible to participate in the compact, a 235 | |
| 357 | + | potential member state must currently meet all of the following 236 | |
| 358 | + | criteria: 237 | |
| 359 | + | (a) License and regulate the practice of social work at 238 | |
| 360 | + | the clinical, master's, or bachelor's category. 239 | |
| 361 | + | (b) Require applicants for licensure to graduate from a 240 | |
| 362 | + | program that is: 241 | |
| 363 | + | 1. Operated by a college or university recognized by a 242 | |
| 364 | + | licensing authority; 243 | |
| 365 | + | 2. Accredited, or in candidacy by an institution that 244 | |
| 366 | + | subsequently becomes accredited, by an accrediting agency 245 | |
| 367 | + | recognized by either: 246 | |
| 368 | + | a. The Council for Higher Education Accreditation or its 247 | |
| 369 | + | successor; or 248 | |
| 370 | + | b. The United States Department of Ed ucation; and 249 | |
| 371 | + | 3. Corresponds to the licensure sought as outlined in 250 | |
| 372 | 372 | ||
| 373 | - | ||
| 373 | + | HB 99 2024 | |
| 374 | 374 | ||
| 375 | 375 | ||
| 376 | 376 | ||
| 377 | 377 | CODING: Words stricken are deletions; words underlined are additions. | |
| 378 | - | hb0099- | |
| 379 | - | Page 11 of | |
| 378 | + | hb0099-00 | |
| 379 | + | Page 11 of 50 | |
| 380 | 380 | 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 | |
| 381 | 381 | ||
| 382 | 382 | ||
| 383 | 383 | ||
| 384 | - | ||
| 385 | - | ||
| 386 | - | 253 | |
| 387 | - | ||
| 388 | - | ||
| 389 | - | 256 | |
| 390 | - | ||
| 391 | - | ||
| 392 | - | ||
| 393 | - | ||
| 394 | - | the | |
| 395 | - | ||
| 396 | - | ||
| 397 | - | | |
| 398 | - | ||
| 399 | - | ||
| 400 | - | ||
| 401 | - | ||
| 402 | - | ||
| 403 | - | ||
| 404 | - | ||
| 405 | - | ||
| 406 | - | ||
| 407 | - | ||
| 408 | - | ||
| 384 | + | Article IV. 251 | |
| 385 | + | (c) Require applicants for clinical licensure to complete 252 | |
| 386 | + | a period of supervised practice. 253 | |
| 387 | + | (d) Have a mechanism in place for receiving, 254 | |
| 388 | + | investigating, and adjudicating com plaints about licensees. 255 | |
| 389 | + | (2) To maintain membership in the compact, a member state 256 | |
| 390 | + | shall: 257 | |
| 391 | + | (a) Require that applicants for a multistate license pass 258 | |
| 392 | + | a Qualifying National Exam for the corresponding category of 259 | |
| 393 | + | multistate license sought as outlined in Ar ticle VI. 260 | |
| 394 | + | (b) Participate fully in the commission's data system, 261 | |
| 395 | + | including using the commission's unique identifier as defined in 262 | |
| 396 | + | rules. 263 | |
| 397 | + | (c) Notify the commission, in compliance with the terms of 264 | |
| 398 | + | the compact and rules, of any adverse action or the avai lability 265 | |
| 399 | + | of current significant investigative information regarding a 266 | |
| 400 | + | licensee. 267 | |
| 401 | + | (d) Implement procedures for considering the criminal 268 | |
| 402 | + | history records of applicants for a multistate license. Such 269 | |
| 403 | + | procedures shall include the submission of fingerprints or other 270 | |
| 404 | + | biometric-based information by applicants for the purpose of 271 | |
| 405 | + | obtaining an applicant's criminal history record information 272 | |
| 406 | + | from the Federal Bureau of Investigation and the agency 273 | |
| 407 | + | responsible for retaining that state's criminal records. 274 | |
| 408 | + | (e) Comply with the rules of the commission. 275 | |
| 409 | 409 | ||
| 410 | - | ||
| 410 | + | HB 99 2024 | |
| 411 | 411 | ||
| 412 | 412 | ||
| 413 | 413 | ||
| 414 | 414 | CODING: Words stricken are deletions; words underlined are additions. | |
| 415 | - | hb0099- | |
| 416 | - | Page 12 of | |
| 415 | + | hb0099-00 | |
| 416 | + | Page 12 of 50 | |
| 417 | 417 | 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 | |
| 418 | 418 | ||
| 419 | 419 | ||
| 420 | 420 | ||
| 421 | - | ( | |
| 422 | - | ||
| 423 | - | ||
| 424 | - | ||
| 425 | - | ( | |
| 426 | - | ||
| 427 | - | ||
| 428 | - | ( | |
| 429 | - | ||
| 430 | - | ||
| 431 | - | ( | |
| 432 | - | ||
| 433 | - | ||
| 434 | - | ||
| 435 | - | ||
| 436 | - | ||
| 437 | - | ||
| 438 | - | ||
| 439 | - | ||
| 440 | - | ||
| 441 | - | ||
| 442 | - | ||
| 443 | - | ||
| 444 | - | ||
| 445 | - | ||
| 421 | + | (f) Require an applicant to obtain or retain a license in 276 | |
| 422 | + | the home state and meet the home state's qualifications for 277 | |
| 423 | + | licensure or renewal of licensure, as well as all other 278 | |
| 424 | + | applicable home state laws. 279 | |
| 425 | + | (g) Authorize a licensee holding a multistate license in 280 | |
| 426 | + | any member state to practice in accordance with the terms of the 281 | |
| 427 | + | compact and rules of the commission. 282 | |
| 428 | + | (h) Designate a delegate to participate in the commission 283 | |
| 429 | + | meetings. 284 | |
| 430 | + | (3) A member state meeting the requiremen ts under 285 | |
| 431 | + | subsections (1) and (2) shall designate the categories of social 286 | |
| 432 | + | work licensure that are eligible for issuance of a multistate 287 | |
| 433 | + | license for applicants in such member state. To the extent that 288 | |
| 434 | + | any member state does not meet the requirements for 289 | |
| 435 | + | participation in the compact at any particular category of 290 | |
| 436 | + | social work licensure, such member state may choose, but is not 291 | |
| 437 | + | obligated to, issue a multistate license to applicants that 292 | |
| 438 | + | otherwise meet the requirements of Article IV for issuance of a 293 | |
| 439 | + | multistate license in such category or categories of licensure. 294 | |
| 440 | + | (4) The home state may charge a fee for granting the 295 | |
| 441 | + | multistate license. 296 | |
| 442 | + | 297 | |
| 443 | + | ARTICLE IV 298 | |
| 444 | + | SOCIAL WORKER PARTICIPATION IN THE COMPACT 299 | |
| 445 | + | 300 | |
| 446 | 446 | ||
| 447 | - | ||
| 447 | + | HB 99 2024 | |
| 448 | 448 | ||
| 449 | 449 | ||
| 450 | 450 | ||
| 451 | 451 | CODING: Words stricken are deletions; words underlined are additions. | |
| 452 | - | hb0099- | |
| 453 | - | Page 13 of | |
| 452 | + | hb0099-00 | |
| 453 | + | Page 13 of 50 | |
| 454 | 454 | 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 | |
| 455 | 455 | ||
| 456 | 456 | ||
| 457 | 457 | ||
| 458 | - | ||
| 459 | - | ||
| 460 | - | ||
| 461 | - | ||
| 462 | - | ||
| 463 | - | ||
| 464 | - | ||
| 465 | - | ||
| 466 | - | ||
| 467 | - | ||
| 468 | - | ||
| 469 | - | ||
| 470 | - | ||
| 471 | - | ||
| 472 | - | ||
| 473 | - | ||
| 474 | - | ( | |
| 475 | - | ||
| 476 | - | 319 | |
| 477 | - | ||
| 478 | - | ||
| 479 | - | 322 | |
| 480 | - | ||
| 481 | - | ||
| 482 | - | ||
| 458 | + | (1) To be eligible for a multistate license under this 301 | |
| 459 | + | compact, an applicant, regardless of category, must meet all of 302 | |
| 460 | + | the following requirements: 303 | |
| 461 | + | (a) Hold or be eligible for an active, unencumbered 304 | |
| 462 | + | license in the home state. 305 | |
| 463 | + | (b) Pay any applicable fees, including any member state 306 | |
| 464 | + | fee, for the multistate license. 307 | |
| 465 | + | (c) Submit, in connection with an application for a 308 | |
| 466 | + | multistate license, fingerprints or other biometric data for the 309 | |
| 467 | + | purpose of obtaining criminal history record information from 310 | |
| 468 | + | the Federal Bureau of Investigation and the agency responsible 311 | |
| 469 | + | for retaining that st ate's criminal records. 312 | |
| 470 | + | (d) Notify the home state of any adverse action, 313 | |
| 471 | + | encumbrance, or restriction on any professional license taken by 314 | |
| 472 | + | any member state or nonmember state within 30 days after the 315 | |
| 473 | + | date the action is taken. 316 | |
| 474 | + | (e) Meet any continuing com petence requirements 317 | |
| 475 | + | established by the home state. 318 | |
| 476 | + | (f) Abide by the laws, regulations, and applicable 319 | |
| 477 | + | standards in the member state where the client is located at the 320 | |
| 478 | + | time care is rendered. 321 | |
| 479 | + | (2) An applicant for a clinical -category multistate 322 | |
| 480 | + | license must meet all of the following requirements: 323 | |
| 481 | + | (a) Fulfill a competency requirement, which shall be 324 | |
| 482 | + | satisfied by: 325 | |
| 483 | 483 | ||
| 484 | - | ||
| 484 | + | HB 99 2024 | |
| 485 | 485 | ||
| 486 | 486 | ||
| 487 | 487 | ||
| 488 | 488 | CODING: Words stricken are deletions; words underlined are additions. | |
| 489 | - | hb0099- | |
| 490 | - | Page 14 of | |
| 489 | + | hb0099-00 | |
| 490 | + | Page 14 of 50 | |
| 491 | 491 | 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 | |
| 492 | 492 | ||
| 493 | 493 | ||
| 494 | 494 | ||
| 495 | - | | |
| 496 | - | ||
| 497 | - | | |
| 498 | - | ||
| 499 | - | ||
| 500 | - | ||
| 501 | - | ||
| 502 | - | the | |
| 503 | - | ||
| 504 | - | ( | |
| 505 | - | ||
| 506 | - | ||
| 507 | - | ||
| 508 | - | | |
| 509 | - | ||
| 510 | - | | |
| 511 | - | ||
| 512 | - | ||
| 513 | - | ( | |
| 514 | - | ||
| 515 | - | | |
| 516 | - | ||
| 517 | - | | |
| 518 | - | ||
| 519 | - | | |
| 495 | + | 1. Passage of a clinical -category Qualifying National 326 | |
| 496 | + | Exam; 327 | |
| 497 | + | 2. Licensure of the applicant in their home state at the 328 | |
| 498 | + | clinical category, beg inning before such time as a Qualifying 329 | |
| 499 | + | National Exam was required by the home state and accompanied by 330 | |
| 500 | + | a period of continuous social work licensure thereafter, all of 331 | |
| 501 | + | which may be further governed by the rules of the commission; or 332 | |
| 502 | + | 3. The substantial eq uivalency of the foregoing competency 333 | |
| 503 | + | requirements which the commission may determine by rule. 334 | |
| 504 | + | (b) Attain at least a master's degree in social work from 335 | |
| 505 | + | a program that is: 336 | |
| 506 | + | 1. Operated by a college or university recognized by a 337 | |
| 507 | + | licensing authority. 338 | |
| 508 | + | 2. Accredited, or in candidacy that subsequently becomes 339 | |
| 509 | + | accredited, by an accrediting agency recognized by either: 340 | |
| 510 | + | a. The Council for Higher Education Accreditation or its 341 | |
| 511 | + | successor; or 342 | |
| 512 | + | b. The United States Department of Education. 343 | |
| 513 | + | (c) Fulfill a pract ice requirement, which shall be 344 | |
| 514 | + | satisfied by demonstrating completion of: 345 | |
| 515 | + | 1. A period of postgraduate supervised clinical practice 346 | |
| 516 | + | equal to a minimum of 3,000 hours; 347 | |
| 517 | + | 2. A minimum of 2 years of full -time postgraduate 348 | |
| 518 | + | supervised clinical practice; or 349 | |
| 519 | + | 3. The substantial equivalency of the foregoing practice 350 | |
| 520 | 520 | ||
| 521 | - | ||
| 521 | + | HB 99 2024 | |
| 522 | 522 | ||
| 523 | 523 | ||
| 524 | 524 | ||
| 525 | 525 | CODING: Words stricken are deletions; words underlined are additions. | |
| 526 | - | hb0099- | |
| 527 | - | Page 15 of | |
| 526 | + | hb0099-00 | |
| 527 | + | Page 15 of 50 | |
| 528 | 528 | 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 | |
| 529 | 529 | ||
| 530 | 530 | ||
| 531 | 531 | ||
| 532 | - | ||
| 533 | - | ||
| 534 | - | ||
| 535 | - | which | |
| 536 | - | ||
| 537 | - | ||
| 538 | - | | |
| 539 | - | a | |
| 540 | - | ||
| 541 | - | ||
| 542 | - | ||
| 543 | - | ||
| 544 | - | | |
| 545 | - | ||
| 546 | - | b | |
| 547 | - | ||
| 548 | - | ||
| 549 | - | ||
| 550 | - | ||
| 551 | - | ||
| 552 | - | ||
| 553 | - | | |
| 554 | - | ||
| 555 | - | | |
| 556 | - | ||
| 532 | + | requirements which the commission may determine by rule. 351 | |
| 533 | + | (3) An applicant for a master's -category multistate 352 | |
| 534 | + | license must meet all of the following requirements: 353 | |
| 535 | + | (a) Fulfill a competency require ment, which shall be 354 | |
| 536 | + | satisfied by: 355 | |
| 537 | + | 1. Passage of a masters -category Qualifying National Exam; 356 | |
| 538 | + | 2. Licensure of the applicant in their home state at the 357 | |
| 539 | + | master's category, beginning before such time as a Qualifying 358 | |
| 540 | + | National Exam was required by the home state at the master's 359 | |
| 541 | + | category and accompanied by a continuous period of social work 360 | |
| 542 | + | licensure thereafter, all of which may be further governed by 361 | |
| 543 | + | the rules of the commission; or 362 | |
| 544 | + | 3. The substantial equivalency of the foregoing competency 363 | |
| 545 | + | requirements which the commission may determine by rule. 364 | |
| 546 | + | (b) Attain at least a master's degree in social work from 365 | |
| 547 | + | a program that is: 366 | |
| 548 | + | 1. Operated by a college or university recognized by a 367 | |
| 549 | + | licensing authority. 368 | |
| 550 | + | 2. Accredited, or in candidacy by an institution that 369 | |
| 551 | + | subsequently becomes accredited, by an accrediting agency 370 | |
| 552 | + | recognized by either: 371 | |
| 553 | + | a. The Council for Higher Education Accreditation or its 372 | |
| 554 | + | successor; or 373 | |
| 555 | + | b. The United States Department of Education. 374 | |
| 556 | + | (4) An applicant for a bachelor's -category multistate 375 | |
| 557 | 557 | ||
| 558 | - | ||
| 558 | + | HB 99 2024 | |
| 559 | 559 | ||
| 560 | 560 | ||
| 561 | 561 | ||
| 562 | 562 | CODING: Words stricken are deletions; words underlined are additions. | |
| 563 | - | hb0099- | |
| 564 | - | Page 16 of | |
| 563 | + | hb0099-00 | |
| 564 | + | Page 16 of 50 | |
| 565 | 565 | 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 | |
| 566 | 566 | ||
| 567 | 567 | ||
| 568 | 568 | ||
| 569 | - | ||
| 570 | - | ||
| 571 | - | ||
| 572 | - | | |
| 573 | - | ||
| 574 | - | ||
| 575 | - | category | |
| 576 | - | ||
| 577 | - | ||
| 578 | - | ||
| 579 | - | ||
| 580 | - | | |
| 581 | - | ||
| 582 | - | | |
| 583 | - | ||
| 584 | - | | |
| 585 | - | ||
| 586 | - | ||
| 587 | - | ||
| 588 | - | ||
| 589 | - | ||
| 590 | - | | |
| 591 | - | ||
| 592 | - | ||
| 593 | - | ||
| 569 | + | license must meet all of the following requirements: 376 | |
| 570 | + | (a) Fulfill a competency requirement, which shall be 377 | |
| 571 | + | satisfied by: 378 | |
| 572 | + | 1. Passage of a bachelor's -category Qualifying National 379 | |
| 573 | + | Exam; 380 | |
| 574 | + | 2. Licensure of the applicant in his or her home state at 381 | |
| 575 | + | the bachelor's category, beginning before such time as a 382 | |
| 576 | + | Qualifying National Exam was required by the home state and 383 | |
| 577 | + | accompanied by a period of continuous social work licensure 384 | |
| 578 | + | thereafter, all of which may be further governed by the rules of 385 | |
| 579 | + | the commission; or 386 | |
| 580 | + | 3. The substantial equivalency of the foregoing competency 387 | |
| 581 | + | requirements which the commission may determine by rule. 388 | |
| 582 | + | (b) Attain at least a bachelor's degree in social work 389 | |
| 583 | + | from a program that is: 390 | |
| 584 | + | 1. Operated by a college or university recognized by the 391 | |
| 585 | + | licensing authority. 392 | |
| 586 | + | 2. Accredited, or in candidacy that subsequently becomes 393 | |
| 587 | + | accredited, by an accrediting agency recognized by either: 394 | |
| 588 | + | a. The Council for Higher Education Accreditation or its 395 | |
| 589 | + | successor; or 396 | |
| 590 | + | b. The United States Department of Education. 397 | |
| 591 | + | (5) The multistate license for a regulated social worker 398 | |
| 592 | + | is subject to the renewal requirements of the home state. The 399 | |
| 593 | + | regulated social worker must maintain compliance with the 400 | |
| 594 | 594 | ||
| 595 | - | ||
| 595 | + | HB 99 2024 | |
| 596 | 596 | ||
| 597 | 597 | ||
| 598 | 598 | ||
| 599 | 599 | CODING: Words stricken are deletions; words underlined are additions. | |
| 600 | - | hb0099- | |
| 601 | - | Page 17 of | |
| 600 | + | hb0099-00 | |
| 601 | + | Page 17 of 50 | |
| 602 | 602 | 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 | |
| 603 | 603 | ||
| 604 | 604 | ||
| 605 | 605 | ||
| 606 | - | ||
| 607 | - | ||
| 608 | - | | |
| 609 | - | ||
| 610 | - | ||
| 611 | - | ||
| 612 | - | ||
| 613 | - | ||
| 614 | - | ||
| 615 | - | ||
| 616 | - | ||
| 617 | - | ||
| 618 | - | ||
| 619 | - | ||
| 620 | - | ||
| 621 | - | ||
| 622 | - | ||
| 623 | - | ||
| 624 | - | ||
| 625 | - | ||
| 626 | - | ||
| 627 | - | ||
| 628 | - | ||
| 629 | - | ||
| 630 | - | ||
| 606 | + | requirements of subsection (1) to be eligible to renew a 401 | |
| 607 | + | multistate license. 402 | |
| 608 | + | (6) The regulated social worker's services in a remote 403 | |
| 609 | + | state are subject to that member state's regulatory authority. A 404 | |
| 610 | + | remote state may, in accordance with due process and that member 405 | |
| 611 | + | state's laws, remove a regulated social worker's multistate 406 | |
| 612 | + | authorization to practice in the remote state for a specific 407 | |
| 613 | + | period of time, impose fines, and take any other necessary 408 | |
| 614 | + | actions to protect the health and safety of its citizens. 409 | |
| 615 | + | (7) If a multistate license is encumbered, the regulated 410 | |
| 616 | + | social worker's multistate a uthorization to practice shall be 411 | |
| 617 | + | deactivated in all remote states until the multistate license is 412 | |
| 618 | + | no longer encumbered. 413 | |
| 619 | + | (8) If a multistate authorization to practice is 414 | |
| 620 | + | encumbered in a remote state, the regulated social worker's 415 | |
| 621 | + | multistate authorization to practice may be deactivated in that 416 | |
| 622 | + | state until the multistate authorization to practice is no 417 | |
| 623 | + | longer encumbered. 418 | |
| 624 | + | 419 | |
| 625 | + | ARTICLE V 420 | |
| 626 | + | ISSUANCE OF A MULTISTATE LICENSE 421 | |
| 627 | + | 422 | |
| 628 | + | (1) Upon receipt of an application for multistate license, 423 | |
| 629 | + | the home state licensing authority shall determine the 424 | |
| 630 | + | applicant's eligibility for a multistate license in accordance 425 | |
| 631 | 631 | ||
| 632 | - | ||
| 632 | + | HB 99 2024 | |
| 633 | 633 | ||
| 634 | 634 | ||
| 635 | 635 | ||
| 636 | 636 | CODING: Words stricken are deletions; words underlined are additions. | |
| 637 | - | hb0099- | |
| 638 | - | Page 18 of | |
| 637 | + | hb0099-00 | |
| 638 | + | Page 18 of 50 | |
| 639 | 639 | 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 | |
| 640 | 640 | ||
| 641 | 641 | ||
| 642 | 642 | ||
| 643 | - | ||
| 644 | - | ||
| 645 | - | state | |
| 646 | - | ||
| 647 | - | ||
| 648 | - | ||
| 649 | - | ( | |
| 650 | - | ||
| 651 | - | ||
| 652 | - | ||
| 653 | - | ( | |
| 654 | - | ||
| 655 | - | ||
| 656 | - | ||
| 657 | - | ||
| 643 | + | with Article VI. 426 | |
| 644 | + | (2) If such applicant is eligible pursuant to Article VI, 427 | |
| 645 | + | the home state licensing authority shall issue a multistate 428 | |
| 646 | + | license that authorizes the applicant or regulated social worker 429 | |
| 647 | + | to practice in all member states under a multistate 430 | |
| 648 | + | authorization to practice. 431 | |
| 649 | + | (3) Upon issuance of a multistate license, the home state 432 | |
| 650 | + | licensing authority shall designate whether the regulated social 433 | |
| 651 | + | worker holds a multistate license in the bachelor's, master's, 434 | |
| 652 | + | or clinical category of social work. 435 | |
| 653 | + | (4) A multistate license issued by a home state to a 436 | |
| 654 | + | resident in that state shall be recognized by all compact member 437 | |
| 655 | + | states as authorizing social work practice under a multistate 438 | |
| 656 | + | authorization to practice corresponding to each category of 439 | |
| 657 | + | licensure regulated in each member state. 440 | |
| 658 | 658 | 441 | |
| 659 | - | ARTICLE | |
| 660 | - | ||
| 661 | - | 444 | |
| 662 | - | ||
| 663 | - | ||
| 664 | - | ||
| 665 | - | ||
| 666 | - | ( | |
| 667 | - | the | |
| 659 | + | ARTICLE VI 442 | |
| 660 | + | AUTHORITY OF INTERSTATE COMPACT COMMISSION 443 | |
| 661 | + | AND MEMBER STATE LICENSING AUTHORITIES 444 | |
| 662 | + | 445 | |
| 663 | + | (1) This compact, or any rule of the commission, does not 446 | |
| 664 | + | limit, restrict, or in any way reduce the ability of a member 447 | |
| 665 | + | state to: 448 | |
| 666 | + | (a) Enact and enforce laws, regulations, or other rules 449 | |
| 667 | + | related to the practice of social work in that state when those 450 | |
| 668 | 668 | ||
| 669 | - | ||
| 669 | + | HB 99 2024 | |
| 670 | 670 | ||
| 671 | 671 | ||
| 672 | 672 | ||
| 673 | 673 | CODING: Words stricken are deletions; words underlined are additions. | |
| 674 | - | hb0099- | |
| 675 | - | Page 19 of | |
| 674 | + | hb0099-00 | |
| 675 | + | Page 19 of 50 | |
| 676 | 676 | 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 | |
| 677 | 677 | ||
| 678 | 678 | ||
| 679 | 679 | ||
| 680 | - | ||
| 681 | - | ||
| 682 | - | ||
| 683 | - | ||
| 684 | - | ||
| 685 | - | ||
| 686 | - | or | |
| 687 | - | ||
| 688 | - | ||
| 689 | - | ||
| 690 | - | ||
| 691 | - | ||
| 692 | - | 463 | |
| 693 | - | ||
| 694 | - | ||
| 695 | - | ||
| 696 | - | 467 | |
| 697 | - | ||
| 698 | - | ||
| 699 | - | state | |
| 700 | - | ||
| 701 | - | ||
| 702 | - | ||
| 703 | - | ||
| 704 | - | ||
| 680 | + | laws, regulations, or other rules are not inconsistent with the 451 | |
| 681 | + | provisions of this compact. 452 | |
| 682 | + | (b) Take adverse action against a licensee's single state 453 | |
| 683 | + | license to practice social work in that state. 454 | |
| 684 | + | (c) Take adverse action against a licensee's multistate 455 | |
| 685 | + | authorization to practice in that state. 456 | |
| 686 | + | (2) This compact, or any rule of the commission, does not 457 | |
| 687 | + | limit, restrict, or in any way reduce the ability of a 458 | |
| 688 | + | licensee's home state to take adverse action against a 459 | |
| 689 | + | licensee's multistate license based upon information provided by 460 | |
| 690 | + | a remote state. 461 | |
| 691 | + | (3) This compact does not affect the requirements 462 | |
| 692 | + | established by a member state for the issuance of a single state 463 | |
| 693 | + | license. 464 | |
| 694 | + | 465 | |
| 695 | + | ARTICLE VII 466 | |
| 696 | + | REISSUANCE OF A MULTISTATE LICENSE BY A NE W HOME STATE 467 | |
| 697 | + | 468 | |
| 698 | + | (1) A licensee can hold a multistate license, issued by 469 | |
| 699 | + | his or her home state, in only one member state at any given 470 | |
| 700 | + | time. 471 | |
| 701 | + | (2) If a licensee changes his or her home state by moving 472 | |
| 702 | + | between two member states: 473 | |
| 703 | + | (a) The licensee shall immed iately apply for the 474 | |
| 704 | + | reissuance of his or her multistate license in his or her new 475 | |
| 705 | 705 | ||
| 706 | - | ||
| 706 | + | HB 99 2024 | |
| 707 | 707 | ||
| 708 | 708 | ||
| 709 | 709 | ||
| 710 | 710 | CODING: Words stricken are deletions; words underlined are additions. | |
| 711 | - | hb0099- | |
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| 713 | 713 | 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 | |
| 714 | 714 | ||
| 715 | 715 | ||
| 716 | 716 | ||
| 717 | - | ||
| 718 | - | ||
| 719 | - | ||
| 720 | - | ( | |
| 721 | - | ||
| 722 | - | ||
| 723 | - | ||
| 724 | - | ||
| 725 | - | ||
| 726 | - | ||
| 727 | - | license | |
| 728 | - | 487 | |
| 729 | - | ||
| 730 | - | ||
| 731 | - | 490 | |
| 732 | - | ||
| 733 | - | ||
| 734 | - | ||
| 735 | - | ( | |
| 736 | - | ||
| 737 | - | ||
| 738 | - | ||
| 739 | - | ||
| 740 | - | ||
| 741 | - | ||
| 717 | + | home state. The licensee shall pay all applicable fees and 476 | |
| 718 | + | notify the prior home state in accordance with the rules of the 477 | |
| 719 | + | commission. 478 | |
| 720 | + | (b) Upon receipt of an application t o reissue a multistate 479 | |
| 721 | + | license, the new home state shall verify that the multistate 480 | |
| 722 | + | license is active, unencumbered, and eligible for reissuance 481 | |
| 723 | + | under the terms of the compact and the rules of the commission. 482 | |
| 724 | + | The multistate license issued by the prior home state will be 483 | |
| 725 | + | deactivated and all member states notified in accordance with 484 | |
| 726 | + | the applicable rules adopted by the commission. 485 | |
| 727 | + | (c) Before the reissuance of the multistate license, the 486 | |
| 728 | + | new home state shall conduct procedures for considering the 487 | |
| 729 | + | criminal history records of the licensee. Such procedures shall 488 | |
| 730 | + | include the submission of fingerprints or other biometric -based 489 | |
| 731 | + | information by applicants for the purpose of obtaining an 490 | |
| 732 | + | applicant's criminal history record information from the Federal 491 | |
| 733 | + | Bureau of Investigation and the agency responsible for retaining 492 | |
| 734 | + | that state's criminal records. 493 | |
| 735 | + | (d) If required for initial licensure, the new home state 494 | |
| 736 | + | may require completion of jurisprudence requirements in the new 495 | |
| 737 | + | home state. 496 | |
| 738 | + | (e) Notwithstanding any other provision of this compact, 497 | |
| 739 | + | if a licensee does not meet the requirements set forth in this 498 | |
| 740 | + | compact for the reissuance of a multistate license by the new 499 | |
| 741 | + | home state, then the licensee shall be subject to the new home 500 | |
| 742 | 742 | ||
| 743 | - | ||
| 743 | + | HB 99 2024 | |
| 744 | 744 | ||
| 745 | 745 | ||
| 746 | 746 | ||
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| 750 | 750 | 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 | |
| 751 | 751 | ||
| 752 | 752 | ||
| 753 | 753 | ||
| 754 | - | ||
| 755 | - | ||
| 756 | - | ||
| 757 | - | ||
| 758 | - | ||
| 759 | - | ||
| 760 | - | ||
| 761 | - | ( | |
| 762 | - | ||
| 763 | - | ||
| 764 | - | ||
| 765 | - | ||
| 766 | - | ||
| 767 | - | ||
| 768 | - | ||
| 769 | - | ||
| 770 | - | ||
| 771 | - | ||
| 772 | - | | |
| 773 | - | ||
| 774 | - | ||
| 775 | - | ||
| 776 | - | ||
| 777 | - | ||
| 778 | - | ||
| 754 | + | state requirements for the issuance of a single state license in 501 | |
| 755 | + | that state. 502 | |
| 756 | + | (3) If a licensee changes his or her primary state of 503 | |
| 757 | + | residence by moving from a member state to a nonmember state, or 504 | |
| 758 | + | from a nonmember state to a member state, then the licensee 505 | |
| 759 | + | shall be subject to the state requirements for the issuance of a 506 | |
| 760 | + | single state license in the new home state. 507 | |
| 761 | + | (4) This compact does not interfere with a licensee's 508 | |
| 762 | + | ability to hold a single state license in multiple states; 509 | |
| 763 | + | however, for the purposes of this compac t, a licensee shall have 510 | |
| 764 | + | only one home state, and only one multistate license. 511 | |
| 765 | + | (5) This compact does not interfere with the requirements 512 | |
| 766 | + | established by a member state for the issuance of a single state 513 | |
| 767 | + | license. 514 | |
| 768 | + | 515 | |
| 769 | + | ARTICLE VIII 516 | |
| 770 | + | MILITARY FAMILIES 517 | |
| 771 | + | 518 | |
| 772 | + | An active military member or his or her spouse shall 519 | |
| 773 | + | designate a home state where the individual has a multistate 520 | |
| 774 | + | license. The individual may retain his or her home state 521 | |
| 775 | + | designation during the period the servicemember is on active 522 | |
| 776 | + | duty. 523 | |
| 777 | + | 524 | |
| 778 | + | ARTICLE IX 525 | |
| 779 | 779 | ||
| 780 | - | ||
| 780 | + | HB 99 2024 | |
| 781 | 781 | ||
| 782 | 782 | ||
| 783 | 783 | ||
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| 787 | 787 | 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 | |
| 788 | 788 | ||
| 789 | 789 | ||
| 790 | 790 | ||
| 791 | - | ||
| 792 | - | ||
| 793 | - | ||
| 794 | - | ||
| 795 | - | ||
| 796 | - | ||
| 797 | - | ||
| 798 | - | ||
| 799 | - | ||
| 800 | - | ||
| 801 | - | ||
| 802 | - | 537 | |
| 803 | - | ||
| 804 | - | ||
| 805 | - | 540 | |
| 806 | - | ||
| 807 | - | ||
| 808 | - | ||
| 809 | - | ||
| 810 | - | ||
| 811 | - | 546 | |
| 812 | - | ||
| 813 | - | ADVERSE | |
| 814 | - | 549 | |
| 815 | - | ||
| 791 | + | ADVERSE ACTIONS 526 | |
| 792 | + | 527 | |
| 793 | + | (1) In addition to the other powers conferred by general 528 | |
| 794 | + | law, a remote state shall have the authority, in accordance with 529 | |
| 795 | + | existing state due process law, to: 530 | |
| 796 | + | (a) Take adverse action against a regulated social 531 | |
| 797 | + | worker's multistate authorization to prac tice only within that 532 | |
| 798 | + | member state, and issue subpoenas for both hearings and 533 | |
| 799 | + | investigations that require the attendance and testimony of 534 | |
| 800 | + | witnesses as well as the production of evidence. Subpoenas 535 | |
| 801 | + | issued by a licensing authority in a member state for the 536 | |
| 802 | + | attendance and testimony of witnesses or the production of 537 | |
| 803 | + | evidence from another member state shall be enforced in the 538 | |
| 804 | + | latter state by any court of competent jurisdiction, according 539 | |
| 805 | + | to the practice and procedure of that court applicable to 540 | |
| 806 | + | subpoenas issued in proceedings pending before it. The issuing 541 | |
| 807 | + | licensing authority shall pay any witness fees, travel expenses, 542 | |
| 808 | + | mileage, and other fees required by the service statutes of the 543 | |
| 809 | + | state in which the witnesses or evidence are located. 544 | |
| 810 | + | (b) Only the home state s hall have the power to take 545 | |
| 811 | + | adverse action against a regulated social worker's multistate 546 | |
| 812 | + | license. 547 | |
| 813 | + | (2) For purposes of taking adverse action, the home state 548 | |
| 814 | + | shall give the same priority and effect to reported conduct 549 | |
| 815 | + | received from a member state as it wo uld if the conduct had 550 | |
| 816 | 816 | ||
| 817 | - | ||
| 817 | + | HB 99 2024 | |
| 818 | 818 | ||
| 819 | 819 | ||
| 820 | 820 | ||
| 821 | 821 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 824 | 824 | 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 | |
| 825 | 825 | ||
| 826 | 826 | ||
| 827 | 827 | ||
| 828 | - | ||
| 829 | - | ||
| 830 | - | ( | |
| 831 | - | worker | |
| 832 | - | ||
| 833 | - | ||
| 834 | - | ||
| 835 | - | ||
| 836 | - | ||
| 837 | - | ||
| 838 | - | ||
| 839 | - | ||
| 840 | - | ||
| 841 | - | ||
| 842 | - | ||
| 843 | - | state | |
| 844 | - | ||
| 845 | - | ||
| 846 | - | ||
| 847 | - | ||
| 848 | - | ||
| 849 | - | ||
| 850 | - | ||
| 851 | - | ||
| 852 | - | ||
| 828 | + | occurred within the home state. In so doing, the home state 551 | |
| 829 | + | shall apply its own state laws to determine appropriate action. 552 | |
| 830 | + | (3) The home state shall complete any pending 553 | |
| 831 | + | investigations of a regulated social worker who changes his o r 554 | |
| 832 | + | her home state during the course of the investigations. The home 555 | |
| 833 | + | state shall also have the authority to take appropriate actions 556 | |
| 834 | + | and shall promptly report the conclusions of the investigations 557 | |
| 835 | + | to the administrator of the data system. The administrator of 558 | |
| 836 | + | the data system shall promptly notify the new home state of any 559 | |
| 837 | + | adverse actions. 560 | |
| 838 | + | (4) A member state, if otherwise permitted by state law, 561 | |
| 839 | + | may recover from the affected regulated social worker the costs 562 | |
| 840 | + | of investigations and dispositions of cases resulti ng from any 563 | |
| 841 | + | adverse action taken against that regulated social worker. 564 | |
| 842 | + | (5) A member state may take adverse action based on the 565 | |
| 843 | + | factual findings of another member state, provided that the 566 | |
| 844 | + | member state follows its own procedures for taking the adverse 567 | |
| 845 | + | action. 568 | |
| 846 | + | (6)(a) In addition to the authority granted to a member 569 | |
| 847 | + | state by its respective social work practice act or other 570 | |
| 848 | + | applicable state law, any member state may participate with 571 | |
| 849 | + | other member states in joint investigations of licensees. 572 | |
| 850 | + | (b) Member states shall share any investigative, 573 | |
| 851 | + | litigation, or compliance materials in furtherance of any joint 574 | |
| 852 | + | or individual investigation initiated under the compact. 575 | |
| 853 | 853 | ||
| 854 | - | ||
| 854 | + | HB 99 2024 | |
| 855 | 855 | ||
| 856 | 856 | ||
| 857 | 857 | ||
| 858 | 858 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 861 | 861 | 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 | |
| 862 | 862 | ||
| 863 | 863 | ||
| 864 | 864 | ||
| 865 | - | ||
| 866 | - | ||
| 867 | - | ||
| 868 | - | ||
| 869 | - | ||
| 870 | - | ||
| 871 | - | ||
| 872 | - | ||
| 873 | - | ||
| 874 | - | ||
| 875 | - | ||
| 876 | - | ( | |
| 877 | - | ||
| 878 | - | ||
| 879 | - | ||
| 880 | - | ||
| 881 | - | state | |
| 882 | - | ||
| 883 | - | ||
| 884 | - | ( | |
| 885 | - | ||
| 886 | - | or | |
| 887 | - | ||
| 888 | - | ||
| 889 | - | regulated social worker | |
| 865 | + | (7) If adverse action is taken by the home state against 576 | |
| 866 | + | the multistate license of a regulated socia l worker, the 577 | |
| 867 | + | regulated social worker's multistate authorization to practice 578 | |
| 868 | + | in all other member states shall be deactivated until all 579 | |
| 869 | + | encumbrances have been removed from the multistate license. All 580 | |
| 870 | + | home state disciplinary orders that impose adverse action 581 | |
| 871 | + | against the license of a regulated social worker shall include a 582 | |
| 872 | + | statement that the regulated social worker's multistate 583 | |
| 873 | + | authorization to practice is deactivated in all member states 584 | |
| 874 | + | until all conditions of the decision, order, or agreement are 585 | |
| 875 | + | satisfied. 586 | |
| 876 | + | (8) If a member state takes adverse action, it shall 587 | |
| 877 | + | promptly notify the administrator of the data system. The 588 | |
| 878 | + | administrator of the data system shall promptly notify the home 589 | |
| 879 | + | state and all other member state's of any adverse actions by 590 | |
| 880 | + | remote states. 591 | |
| 881 | + | (9) This compact does not override a member state's 592 | |
| 882 | + | decision that participation in an alternative program may be 593 | |
| 883 | + | used in lieu of adverse action. 594 | |
| 884 | + | (10) This compact does not authorize a member state to 595 | |
| 885 | + | demand the issuance of subpoenas for attendance and te stimony of 596 | |
| 886 | + | witnesses or the production of evidence from another member 597 | |
| 887 | + | state for lawful actions within that member state. 598 | |
| 888 | + | (11) This compact does not authorize a member state to 599 | |
| 889 | + | impose discipline against a regulated social worker who holds a 600 | |
| 890 | 890 | ||
| 891 | - | ||
| 891 | + | HB 99 2024 | |
| 892 | 892 | ||
| 893 | 893 | ||
| 894 | 894 | ||
| 895 | 895 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 898 | 898 | 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 | |
| 899 | 899 | ||
| 900 | 900 | ||
| 901 | 901 | ||
| 902 | - | ||
| 903 | - | ||
| 904 | - | ||
| 905 | - | ||
| 906 | - | ||
| 907 | - | ||
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| 909 | - | ||
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| 911 | - | ||
| 912 | - | ||
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| 914 | - | ||
| 915 | - | ||
| 916 | - | ||
| 917 | - | ||
| 918 | - | ||
| 919 | - | ||
| 920 | - | ||
| 921 | - | ||
| 922 | - | ||
| 923 | - | ||
| 924 | - | ||
| 925 | - | ||
| 926 | - | 625 | |
| 902 | + | multistate authorization to practice for lawful actions within 601 | |
| 903 | + | another member state. 602 | |
| 904 | + | 603 | |
| 905 | + | ARTICLE X 604 | |
| 906 | + | ESTABLISHMENT OF SOCIAL WORK LICENSURE 605 | |
| 907 | + | INTERSTATE COMPACT COMMISSION 606 | |
| 908 | + | 607 | |
| 909 | + | (1) The compact member states hereby create and establish 608 | |
| 910 | + | a joint government agency whose membership consists of all 609 | |
| 911 | + | member states that have enacted the compact known as the Social 610 | |
| 912 | + | Work Licensure Interstate Compact Commission. The commission is 611 | |
| 913 | + | an instrumentality of the compact states acting jointly and not 612 | |
| 914 | + | an instrumentality of any one state. The commiss ion shall come 613 | |
| 915 | + | into existence on or after the effective date of the compact as 614 | |
| 916 | + | set forth in Article XVI. 615 | |
| 917 | + | (2)(a) Each member state shall have and be limited to one 616 | |
| 918 | + | (1) delegate selected by that member state's licensing 617 | |
| 919 | + | authority. The delegate shall be eit her: 618 | |
| 920 | + | 1. A current member of the licensing authority at the time 619 | |
| 921 | + | of appointment who is a regulated social worker or public member 620 | |
| 922 | + | of the state licensing authority; or 621 | |
| 923 | + | 2. An administrator of the licensing authority or his or 622 | |
| 924 | + | her designee. 623 | |
| 925 | + | (b) The commission shall by rule or bylaw establish a term 624 | |
| 926 | + | of office for delegates and may by rule or bylaw establish term 625 | |
| 927 | 927 | ||
| 928 | - | ||
| 928 | + | HB 99 2024 | |
| 929 | 929 | ||
| 930 | 930 | ||
| 931 | 931 | ||
| 932 | 932 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 935 | 935 | 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 | |
| 936 | 936 | ||
| 937 | 937 | ||
| 938 | 938 | ||
| 939 | - | ||
| 940 | - | ||
| 941 | - | ||
| 942 | - | 629 | |
| 943 | - | ||
| 944 | - | ||
| 945 | - | ||
| 946 | - | ||
| 947 | - | ||
| 948 | - | ||
| 949 | - | ||
| 950 | - | ||
| 951 | - | ||
| 952 | - | ||
| 953 | - | ||
| 954 | - | ||
| 955 | - | ||
| 956 | - | ||
| 957 | - | | |
| 958 | - | ||
| 959 | - | ||
| 960 | - | ||
| 961 | - | ||
| 962 | - | ||
| 963 | - | ||
| 939 | + | limits. 626 | |
| 940 | + | (c) The commission may recommend removal or suspension of 627 | |
| 941 | + | any delegate from office. 628 | |
| 942 | + | (d) A member state's licensing authority shall fil l any 629 | |
| 943 | + | vacancy of its delegate occurring on the commission within 60 630 | |
| 944 | + | days after the vacancy. 631 | |
| 945 | + | (e) Each delegate shall be entitled to one vote on all 632 | |
| 946 | + | matters before the commission requiring a vote by commission 633 | |
| 947 | + | delegates. 634 | |
| 948 | + | (f) A delegate shall vote in pers on or by such other means 635 | |
| 949 | + | as provided in the bylaws. The bylaws may provide for delegates 636 | |
| 950 | + | to meet by telecommunication, videoconference, or other means of 637 | |
| 951 | + | communication. 638 | |
| 952 | + | (g) The commission shall meet at least once during each 639 | |
| 953 | + | calendar year. Additional me etings may be held as set forth in 640 | |
| 954 | + | the bylaws. The commission may meet by telecommunication, video 641 | |
| 955 | + | conference, or other similar electronic means. 642 | |
| 956 | + | (3) The commission shall have the following powers: 643 | |
| 957 | + | (a) Establish the fiscal year of the commission. 644 | |
| 958 | + | (b) Establish code of conduct and conflict of interest 645 | |
| 959 | + | policies. 646 | |
| 960 | + | (c) Establish and amend rules and bylaws. 647 | |
| 961 | + | (d) Maintain its financial records in accordance with the 648 | |
| 962 | + | bylaws. 649 | |
| 963 | + | (e) Meet and take such actions as are consistent with the 650 | |
| 964 | 964 | ||
| 965 | - | ||
| 965 | + | HB 99 2024 | |
| 966 | 966 | ||
| 967 | 967 | ||
| 968 | 968 | ||
| 969 | 969 | CODING: Words stricken are deletions; words underlined are additions. | |
| 970 | - | hb0099- | |
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| 972 | 972 | 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 | |
| 973 | 973 | ||
| 974 | 974 | ||
| 975 | 975 | ||
| 976 | - | ||
| 977 | - | ||
| 978 | - | ||
| 979 | - | ||
| 980 | - | ||
| 981 | - | ||
| 982 | - | ( | |
| 983 | - | as | |
| 984 | - | to | |
| 985 | - | ||
| 986 | - | ( | |
| 987 | - | ||
| 988 | - | ||
| 989 | - | ||
| 990 | - | ( | |
| 991 | - | ||
| 992 | - | ||
| 993 | - | policies | |
| 994 | - | ||
| 995 | - | ||
| 996 | - | ||
| 997 | - | ( | |
| 998 | - | ||
| 999 | - | ||
| 1000 | - | ||
| 976 | + | provisions of this com pact, the commission's rules, and the 651 | |
| 977 | + | bylaws. 652 | |
| 978 | + | (f) Initiate and conclude legal proceedings or actions in 653 | |
| 979 | + | the name of the commission, provided that the standing of any 654 | |
| 980 | + | licensing authority to sue or be sued under applicable law may 655 | |
| 981 | + | not be affected. 656 | |
| 982 | + | (g) Maintain and certify records and information provided 657 | |
| 983 | + | to a member state as the authenticated business records of the 658 | |
| 984 | + | commission, and designate an agent to do so on the commission's 659 | |
| 985 | + | behalf. 660 | |
| 986 | + | (h) Purchase and maintain insurance and bonds. 661 | |
| 987 | + | (i) Borrow, accept, or contract for services of personnel, 662 | |
| 988 | + | including, but not limited to, employees of a member state. 663 | |
| 989 | + | (j) Conduct an annual financial review. 664 | |
| 990 | + | (k) Hire employees, elect or appoint officers, fix 665 | |
| 991 | + | compensation, define duties, grant such individuals appropriate 666 | |
| 992 | + | authority to carry out the purposes of the compact, and 667 | |
| 993 | + | establish the commission's personnel policies and programs 668 | |
| 994 | + | relating to conflicts of interest, qualifications of personnel, 669 | |
| 995 | + | and other related personnel matters. 670 | |
| 996 | + | (l) Assess and collect fee s. 671 | |
| 997 | + | (m) Accept any and all appropriate gifts, donations, 672 | |
| 998 | + | grants of money, other sources of revenue, equipment, supplies, 673 | |
| 999 | + | materials, and services, and receive, utilize, and dispose of 674 | |
| 1000 | + | the same; provided that at all times the commission shall avoid 675 | |
| 1001 | 1001 | ||
| 1002 | - | ||
| 1002 | + | HB 99 2024 | |
| 1003 | 1003 | ||
| 1004 | 1004 | ||
| 1005 | 1005 | ||
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| 1009 | 1009 | 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 | |
| 1010 | 1010 | ||
| 1011 | 1011 | ||
| 1012 | 1012 | ||
| 1013 | - | ||
| 1014 | - | ||
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| 1016 | - | ||
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| 1019 | - | ||
| 1020 | - | ( | |
| 1021 | - | ( | |
| 1022 | - | ||
| 1023 | - | ||
| 1024 | - | ||
| 1025 | - | ||
| 1026 | - | ||
| 1027 | - | ||
| 1028 | - | ||
| 1029 | - | and | |
| 1030 | - | ||
| 1031 | - | ( | |
| 1032 | - | ||
| 1033 | - | ||
| 1034 | - | ||
| 1035 | - | ||
| 1036 | - | ( | |
| 1037 | - | ||
| 1013 | + | any appearance of impropriety or conflict of interest. 676 | |
| 1014 | + | (n) Lease, purchase, retain, own, hold, improve, or use 677 | |
| 1015 | + | any property, real, personal, or mixed, or any undivided 678 | |
| 1016 | + | interest therein. 679 | |
| 1017 | + | (o) Sell, convey, mortgage, pledge, lease, exchange, 680 | |
| 1018 | + | abandon, or otherwise dispose of any property real, personal, or 681 | |
| 1019 | + | mixed. 682 | |
| 1020 | + | (p) Establish a budget and make expenditures. 683 | |
| 1021 | + | (q) Borrow money. 684 | |
| 1022 | + | (r) Appoint committees, including standing committees, 685 | |
| 1023 | + | composed of members, state regulators, state legislators or 686 | |
| 1024 | + | their representative s, and consumer representatives, and such 687 | |
| 1025 | + | other interested persons as may be designated in this compact 688 | |
| 1026 | + | and the bylaws. 689 | |
| 1027 | + | (s) Provide and receive information from, and cooperate 690 | |
| 1028 | + | with, law enforcement agencies. 691 | |
| 1029 | + | (t) Establish and elect an executive committ ee, including 692 | |
| 1030 | + | a chair and a vice chair. 693 | |
| 1031 | + | (u) Determine whether a state's adopted language is 694 | |
| 1032 | + | materially different from the model compact language such that 695 | |
| 1033 | + | the state would not qualify for participation in the compact. 696 | |
| 1034 | + | (v) Perform such other functions as may be necessary or 697 | |
| 1035 | + | appropriate to achieve the purposes of this compact. 698 | |
| 1036 | + | (4)(a) The executive committee shall have the power to act 699 | |
| 1037 | + | on behalf of the commission according to the terms of this 700 | |
| 1038 | 1038 | ||
| 1039 | - | ||
| 1039 | + | HB 99 2024 | |
| 1040 | 1040 | ||
| 1041 | 1041 | ||
| 1042 | 1042 | ||
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| 1046 | 1046 | 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 | |
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| 1056 | - | | |
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| 1058 | - | ||
| 1059 | - | ||
| 1060 | - | ||
| 1061 | - | ||
| 1062 | - | ||
| 1063 | - | | |
| 1064 | - | ||
| 1065 | - | ||
| 1066 | - | ||
| 1067 | - | ||
| 1068 | - | ||
| 1069 | - | ||
| 1070 | - | ||
| 1071 | - | ||
| 1072 | - | ||
| 1073 | - | ||
| 1074 | - | | |
| 1050 | + | compact. The powers, duties, and responsibilities of the 701 | |
| 1051 | + | executive committee shall include: 702 | |
| 1052 | + | 1. Oversee the day-to-day activities of the administration 703 | |
| 1053 | + | of the compact, including enforcement and compliance with the 704 | |
| 1054 | + | provisions of the compact, its rules and bylaws, and other such 705 | |
| 1055 | + | duties as deemed necessary. 706 | |
| 1056 | + | 2. Recommend to the commission changes to the rules or 707 | |
| 1057 | + | bylaws, changes to this compact legislation, fees charged to 708 | |
| 1058 | + | compact member states, fees charged to licensees, and other 709 | |
| 1059 | + | fees. 710 | |
| 1060 | + | 3. Ensure compact administration services are 711 | |
| 1061 | + | appropriately provided, including b y contract. 712 | |
| 1062 | + | 4. Prepare and recommend the budget. 713 | |
| 1063 | + | 5. Maintain financial records on behalf of the commission. 714 | |
| 1064 | + | 6. Monitor compact compliance of member states and provide 715 | |
| 1065 | + | compliance reports to the commission. 716 | |
| 1066 | + | 7. Establish additional committees as neces sary. 717 | |
| 1067 | + | 8. Exercise the powers and duties of the commission during 718 | |
| 1068 | + | the interim between commission meetings, except for adopting or 719 | |
| 1069 | + | amending rules, adopting or amending bylaws, and exercising any 720 | |
| 1070 | + | other powers and duties expressly reserved to the commission by 721 | |
| 1071 | + | rule or bylaw. 722 | |
| 1072 | + | 9. Other duties as provided in the rules or bylaws of the 723 | |
| 1073 | + | commission. 724 | |
| 1074 | + | (b) The executive committee shall be composed of up to 11 725 | |
| 1075 | 1075 | ||
| 1076 | - | ||
| 1076 | + | HB 99 2024 | |
| 1077 | 1077 | ||
| 1078 | 1078 | ||
| 1079 | 1079 | ||
| 1080 | 1080 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1083 | 1083 | 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 | |
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| 1087 | - | ||
| 1088 | - | ||
| 1089 | - | ||
| 1090 | - | 2. | |
| 1091 | - | ||
| 1092 | - | ||
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| 1095 | - | ||
| 1096 | - | ||
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| 1100 | - | ||
| 1101 | - | | |
| 1102 | - | ||
| 1103 | - | ||
| 1104 | - | ||
| 1105 | - | ||
| 1106 | - | ||
| 1107 | - | commission | |
| 1108 | - | ||
| 1109 | - | ||
| 1110 | - | ||
| 1111 | - | ||
| 1087 | + | members: 726 | |
| 1088 | + | 1. The chair and vice chair of the commission shall be 727 | |
| 1089 | + | voting members of the executive committe e. 728 | |
| 1090 | + | 2. The commission shall elect five voting members from the 729 | |
| 1091 | + | current membership of the commission. 730 | |
| 1092 | + | 3. Up to four ex-officio, nonvoting members from four 731 | |
| 1093 | + | recognized national social work organizations, selected by their 732 | |
| 1094 | + | respective organizations. 733 | |
| 1095 | + | (c) The commission may remove any member of the executive 734 | |
| 1096 | + | committee as provided in the commission's bylaws. 735 | |
| 1097 | + | (d) The executive committee shall meet at least annually. 736 | |
| 1098 | + | 1. Executive committee meetings shall be open to the 737 | |
| 1099 | + | public, except that the executive comm ittee may meet in a 738 | |
| 1100 | + | closed, nonpublic meeting as provided in subsection (6). 739 | |
| 1101 | + | 2. The executive committee shall give 7 days' notice of 740 | |
| 1102 | + | its meetings, posted on its website and as determined to provide 741 | |
| 1103 | + | notice to persons with an interest in the business of th e 742 | |
| 1104 | + | commission. 743 | |
| 1105 | + | 3. The executive committee may hold a special meeting in 744 | |
| 1106 | + | accordance with subsection (6). 745 | |
| 1107 | + | (5) The commission shall adopt and provide to the member 746 | |
| 1108 | + | states an annual report. 747 | |
| 1109 | + | (6) All meetings shall be open to the public, except that 748 | |
| 1110 | + | the commission may meet in a closed, nonpublic meeting as 749 | |
| 1111 | + | provided in s. 491.023. 750 | |
| 1112 | 1112 | ||
| 1113 | - | ||
| 1113 | + | HB 99 2024 | |
| 1114 | 1114 | ||
| 1115 | 1115 | ||
| 1116 | 1116 | ||
| 1117 | 1117 | CODING: Words stricken are deletions; words underlined are additions. | |
| 1118 | - | hb0099- | |
| 1119 | - | Page 31 of | |
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| 1120 | 1120 | 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 | |
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| 1122 | 1122 | ||
| 1123 | 1123 | ||
| 1124 | - | | |
| 1125 | - | ||
| 1126 | - | ||
| 1127 | - | ||
| 1128 | - | ||
| 1129 | - | ( | |
| 1130 | - | ||
| 1131 | - | ||
| 1132 | - | ||
| 1133 | - | ||
| 1134 | - | ||
| 1135 | - | | |
| 1136 | - | ||
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| 1143 | - | ||
| 1144 | - | ||
| 1145 | - | ||
| 1146 | - | ||
| 1147 | - | ||
| 1148 | - | the | |
| 1124 | + | (a) Public notice for all meetings of the full commission 751 | |
| 1125 | + | of meetings shall be given in the same manner as required under 752 | |
| 1126 | + | the rulemaking provisions in Article XII, except that the 753 | |
| 1127 | + | commission may hold a special meeting as provided in paragraph 754 | |
| 1128 | + | (b). 755 | |
| 1129 | + | (b) The commission may hold a special meeting when it must 756 | |
| 1130 | + | meet to conduct emergency business by giving 48 hours' notice to 757 | |
| 1131 | + | all commissioners, on the commission's website, and by other 758 | |
| 1132 | + | means as provided in the commission's rules. The commission's 759 | |
| 1133 | + | legal counsel shall certify that the commission's need to meet 760 | |
| 1134 | + | qualifies as an emergency. 761 | |
| 1135 | + | (c) If a meeting, or portion of a meeting, is closed, the 762 | |
| 1136 | + | presiding officer shall state that the meeti ng will be closed 763 | |
| 1137 | + | and reference each relevant exempting provision, and such 764 | |
| 1138 | + | reference shall be recorded in the minutes. 765 | |
| 1139 | + | (d) The commission shall keep minutes that fully and 766 | |
| 1140 | + | clearly describe all matters discussed in a meeting and shall 767 | |
| 1141 | + | provide a full and accurate summary of actions taken, and the 768 | |
| 1142 | + | reasons therefore, including a description of the views 769 | |
| 1143 | + | expressed. All documents considered in connection with an action 770 | |
| 1144 | + | shall be identified in such minutes. All minutes and documents 771 | |
| 1145 | + | of a closed meeting shall rem ain under seal, subject to release 772 | |
| 1146 | + | only by a majority vote of the commission or order of a court of 773 | |
| 1147 | + | competent jurisdiction. 774 | |
| 1148 | + | (7)(a) The commission shall pay, or provide for the 775 | |
| 1149 | 1149 | ||
| 1150 | - | ||
| 1150 | + | HB 99 2024 | |
| 1151 | 1151 | ||
| 1152 | 1152 | ||
| 1153 | 1153 | ||
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| 1156 | - | Page 32 of | |
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| 1157 | 1157 | 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 | |
| 1158 | 1158 | ||
| 1159 | 1159 | ||
| 1160 | 1160 | ||
| 1161 | - | ||
| 1162 | - | ||
| 1163 | - | (b) The commission may | |
| 1164 | - | ||
| 1165 | - | ||
| 1166 | - | ||
| 1167 | - | ||
| 1168 | - | ||
| 1169 | - | ||
| 1170 | - | ||
| 1171 | - | ||
| 1172 | - | ||
| 1173 | - | ||
| 1174 | - | ||
| 1175 | - | ||
| 1176 | - | ||
| 1177 | - | ||
| 1178 | - | shall | |
| 1179 | - | of | |
| 1180 | - | ||
| 1181 | - | ||
| 1182 | - | ||
| 1183 | - | ||
| 1184 | - | ||
| 1185 | - | ||
| 1161 | + | payment of, the reasonable expenses of its establishment, 776 | |
| 1162 | + | organization, and on going activities. 777 | |
| 1163 | + | (b) The commission may accept any and all appropriate 778 | |
| 1164 | + | revenue sources as provided in paragraph (3)(m). 779 | |
| 1165 | + | (c) The commission may levy on and collect an annual 780 | |
| 1166 | + | assessment from each member state and impose fees on licensees 781 | |
| 1167 | + | of member states to whom it grants a multistate license to cover 782 | |
| 1168 | + | the cost of the operations and activities of the commission and 783 | |
| 1169 | + | its staff, which must be in a total amount sufficient to cover 784 | |
| 1170 | + | its annual budget as approved each year for which revenue is not 785 | |
| 1171 | + | provided by other sources. The aggregate annual assessment 786 | |
| 1172 | + | amount for member states shall be allocated based upon a formula 787 | |
| 1173 | + | that the commission shall adopt by rule. 788 | |
| 1174 | + | (d) The commission may not incur obligations of any kind 789 | |
| 1175 | + | prior to securing the funds adequate to meet t he same; nor shall 790 | |
| 1176 | + | the commission pledge the credit of any of the member states, 791 | |
| 1177 | + | except by and with the authority of the member state. 792 | |
| 1178 | + | (e) The commission shall keep accurate accounts of all 793 | |
| 1179 | + | receipts and disbursements. The receipts and disbursements of 794 | |
| 1180 | + | the commission shall be subject to the financial review and 795 | |
| 1181 | + | accounting procedures established under its bylaws. However, all 796 | |
| 1182 | + | receipts and disbursements of funds handled by the commission 797 | |
| 1183 | + | shall be subject to an annual financial review by a certified or 798 | |
| 1184 | + | licensed public accountant, and the report of the financial 799 | |
| 1185 | + | review shall be included in and become part of the annual report 800 | |
| 1186 | 1186 | ||
| 1187 | - | ||
| 1187 | + | HB 99 2024 | |
| 1188 | 1188 | ||
| 1189 | 1189 | ||
| 1190 | 1190 | ||
| 1191 | 1191 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1193 | - | Page 33 of | |
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| 1194 | 1194 | 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 | |
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| 1197 | 1197 | ||
| 1198 | - | ||
| 1199 | - | ( | |
| 1200 | - | ||
| 1201 | - | ||
| 1202 | - | ||
| 1203 | - | ||
| 1204 | - | ||
| 1205 | - | ||
| 1206 | - | ||
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| 1208 | - | ||
| 1209 | - | ||
| 1210 | - | ||
| 1211 | - | ||
| 1212 | - | ||
| 1213 | - | ||
| 1214 | - | the commission shall | |
| 1215 | - | ||
| 1216 | - | ||
| 1217 | - | ||
| 1218 | - | ||
| 1219 | - | ||
| 1220 | - | ||
| 1221 | - | ||
| 1222 | - | ||
| 1198 | + | of the commission. 801 | |
| 1199 | + | (8)(a) The members, officers, executive director, 802 | |
| 1200 | + | employees, and representatives of the commission shall be immune 803 | |
| 1201 | + | from suit and liability, both personally and in their official 804 | |
| 1202 | + | capacity, for any claim for damage to or loss of property or 805 | |
| 1203 | + | personal injury or other civil liability caused by or arising 806 | |
| 1204 | + | out of any actual or alleged act, error, or omission that 807 | |
| 1205 | + | occurred, or that the person against whom the claim is made had 808 | |
| 1206 | + | a reasonable basis for believing occurred within the scope of 809 | |
| 1207 | + | commission employment, duties, or responsibilities; provided 810 | |
| 1208 | + | that this paragraph does not protect any such person from suit 811 | |
| 1209 | + | or liability for any damage, loss, injury, or liability caused 812 | |
| 1210 | + | by the intentional or willful or wanton misconduct of that 813 | |
| 1211 | + | person. The procurement of insurance of any type by the 814 | |
| 1212 | + | commission may not in any way compromise or limit the immunity 815 | |
| 1213 | + | granted hereunder. 816 | |
| 1214 | + | (b) The commission shall defend any member, officer, 817 | |
| 1215 | + | executive director, employee, and representative of the 818 | |
| 1216 | + | commission in any civil action seeking to impose liability 819 | |
| 1217 | + | arising out of any actual or alleged act, error, or omission 820 | |
| 1218 | + | that occurred within the scope of commis sion employment, duties, 821 | |
| 1219 | + | or responsibilities, or as determined by the commission that the 822 | |
| 1220 | + | person against whom the claim is made had a reasonable basis for 823 | |
| 1221 | + | believing occurred within the scope of commission employment, 824 | |
| 1222 | + | duties, or responsibilities; provided t hat nothing herein shall 825 | |
| 1223 | 1223 | ||
| 1224 | - | ||
| 1224 | + | HB 99 2024 | |
| 1225 | 1225 | ||
| 1226 | 1226 | ||
| 1227 | 1227 | ||
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| 1231 | 1231 | 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 | |
| 1232 | 1232 | ||
| 1233 | 1233 | ||
| 1234 | 1234 | ||
| 1235 | - | from | |
| 1236 | - | ||
| 1237 | - | ||
| 1238 | - | ||
| 1239 | - | ||
| 1240 | - | ||
| 1241 | - | commission | |
| 1242 | - | that | |
| 1243 | - | ||
| 1244 | - | ||
| 1245 | - | person | |
| 1246 | - | ||
| 1247 | - | ||
| 1248 | - | ||
| 1249 | - | ||
| 1250 | - | ||
| 1251 | - | ||
| 1252 | - | ||
| 1253 | - | ||
| 1254 | - | ||
| 1255 | - | ||
| 1256 | - | ||
| 1257 | - | ||
| 1258 | - | ||
| 1259 | - | ||
| 1235 | + | be construed to prohibit that person from retaining his or her 826 | |
| 1236 | + | own counsel at his or her own expense; and provided further that 827 | |
| 1237 | + | the actual or alleged act, error, or omission did not result 828 | |
| 1238 | + | from that person's intentional or willful or wanton misconduct. 829 | |
| 1239 | + | (c) The commission shall indemnify and hold harmless any 830 | |
| 1240 | + | member, officer, executive director, employee, and 831 | |
| 1241 | + | representative of the commission for the amount of any 832 | |
| 1242 | + | settlement or judgment obtained against that person arising out 833 | |
| 1243 | + | of any actual or alleged act, error, or omission that occurred 834 | |
| 1244 | + | within the scope of commission employment, duties, or 835 | |
| 1245 | + | responsibilities, or that such person had a reasonable basis for 836 | |
| 1246 | + | believing occurred within the scope of commission employment, 837 | |
| 1247 | + | duties, or responsibilities, provided that the actual or alleged 838 | |
| 1248 | + | act, error, or omission did not result from the intentional or 839 | |
| 1249 | + | willful or wanton misconduct of that person. 840 | |
| 1250 | + | (d) Nothing herein shall be construed as a limitation on 841 | |
| 1251 | + | the liability of any licensee for profess ional malpractice or 842 | |
| 1252 | + | misconduct, which shall be governed solely by any other 843 | |
| 1253 | + | applicable state laws. 844 | |
| 1254 | + | (e) This compact may not be interpreted to waive or 845 | |
| 1255 | + | otherwise abrogate a member state's state action immunity or 846 | |
| 1256 | + | state action affirmative defense with res pect to antitrust 847 | |
| 1257 | + | claims under the Sherman Antitrust Act, Clayton Antitrust Act of 848 | |
| 1258 | + | 1914, or any other state or federal antitrust or anticompetitive 849 | |
| 1259 | + | law or regulation. 850 | |
| 1260 | 1260 | ||
| 1261 | - | ||
| 1261 | + | HB 99 2024 | |
| 1262 | 1262 | ||
| 1263 | 1263 | ||
| 1264 | 1264 | ||
| 1265 | 1265 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1267 | - | Page 35 of | |
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| 1268 | 1268 | 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 | |
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| 1271 | 1271 | ||
| 1272 | - | ||
| 1273 | - | ||
| 1274 | - | ||
| 1275 | - | ||
| 1276 | - | ||
| 1277 | - | ||
| 1278 | - | ||
| 1279 | - | ||
| 1280 | - | ||
| 1281 | - | ||
| 1282 | - | ||
| 1283 | - | ||
| 1284 | - | ( | |
| 1285 | - | the | |
| 1286 | - | ||
| 1287 | - | applicable | |
| 1288 | - | ||
| 1289 | - | ||
| 1290 | - | ||
| 1291 | - | ||
| 1292 | - | ||
| 1293 | - | ||
| 1294 | - | ||
| 1295 | - | ||
| 1296 | - | 875 | |
| 1272 | + | (f) This compact may not be construed to be a waiver of 851 | |
| 1273 | + | sovereign immunity by the member states or by the commission. 852 | |
| 1274 | + | 853 | |
| 1275 | + | ARTICLE XI 854 | |
| 1276 | + | DATA SYSTEM 855 | |
| 1277 | + | 856 | |
| 1278 | + | (1) The commission shall provide for the development, 857 | |
| 1279 | + | maintenance, operation, and utilization of a coordinated data 858 | |
| 1280 | + | system. 859 | |
| 1281 | + | (2) The commission shall assign each applicant for a 860 | |
| 1282 | + | multistate license a unique identifier, as determined by the 861 | |
| 1283 | + | rules of the commission. 862 | |
| 1284 | + | (3) Notwithstanding any other provision of state law to 863 | |
| 1285 | + | the contrary, a member state shall submit a uniform data set to 864 | |
| 1286 | + | the data system on all individuals to whom this compact is 865 | |
| 1287 | + | applicable as required by the rules of the commission, 866 | |
| 1288 | + | including: 867 | |
| 1289 | + | (a) Identifying information. 868 | |
| 1290 | + | (b) Licensure data. 869 | |
| 1291 | + | (c) Adverse actions against a license and information 870 | |
| 1292 | + | related thereto. 871 | |
| 1293 | + | (d) Nonconfidential information related to alternative 872 | |
| 1294 | + | program participation, the beginning and ending dates of such 873 | |
| 1295 | + | participation, and other information related to such 874 | |
| 1296 | + | participation not made confidential under member state law. 875 | |
| 1297 | 1297 | ||
| 1298 | - | ||
| 1298 | + | HB 99 2024 | |
| 1299 | 1299 | ||
| 1300 | 1300 | ||
| 1301 | 1301 | ||
| 1302 | 1302 | CODING: Words stricken are deletions; words underlined are additions. | |
| 1303 | - | hb0099- | |
| 1304 | - | Page 36 of | |
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| 1309 | - | ||
| 1310 | - | ||
| 1311 | - | 878 | |
| 1312 | - | ||
| 1313 | - | ||
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| 1315 | - | ||
| 1316 | - | ||
| 1317 | - | ||
| 1318 | - | ||
| 1319 | - | the | |
| 1320 | - | ||
| 1321 | - | ||
| 1322 | - | ||
| 1323 | - | (a) | |
| 1324 | - | ||
| 1325 | - | ||
| 1326 | - | ||
| 1327 | - | ||
| 1328 | - | ||
| 1329 | - | ||
| 1330 | - | ||
| 1331 | - | ||
| 1332 | - | ||
| 1333 | - | ||
| 1309 | + | (e) Any denial of application for licensure, and the 876 | |
| 1310 | + | reason for such denial. 877 | |
| 1311 | + | (f) The presence of current significant investigative 878 | |
| 1312 | + | information. 879 | |
| 1313 | + | (g) Other information that may facilitate the 880 | |
| 1314 | + | administration of this compact or the protection of the public, 881 | |
| 1315 | + | as determined by the rules of the commission. 882 | |
| 1316 | + | (4) The records and information provided to a member state 883 | |
| 1317 | + | pursuant to this compact or through the data system, when 884 | |
| 1318 | + | certified by the commission or an agent thereof, shall 885 | |
| 1319 | + | constitute the authenticated business records of the commission, 886 | |
| 1320 | + | and shall be entitled to any associated hearsay exc eption in any 887 | |
| 1321 | + | relevant judicial, quasi -judicial, or administrative proceedings 888 | |
| 1322 | + | in a member state. 889 | |
| 1323 | + | (5)(a) Current significant investigative information 890 | |
| 1324 | + | pertaining to a licensee in any member state will only be 891 | |
| 1325 | + | available to other member states. 892 | |
| 1326 | + | (b) It is the responsibility of the member states to 893 | |
| 1327 | + | report any adverse action against a licensee and to monitor the 894 | |
| 1328 | + | database to determine whether adverse action has been taken 895 | |
| 1329 | + | against a licensee. Adverse action information pertaining to a 896 | |
| 1330 | + | licensee in any member st ate will be available to any other 897 | |
| 1331 | + | member state. 898 | |
| 1332 | + | (6) Member states contributing information to the data 899 | |
| 1333 | + | system may designate information that may not be shared with the 900 | |
| 1334 | 1334 | ||
| 1335 | - | ||
| 1335 | + | HB 99 2024 | |
| 1336 | 1336 | ||
| 1337 | 1337 | ||
| 1338 | 1338 | ||
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| 1342 | 1342 | 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 | |
| 1343 | 1343 | ||
| 1344 | 1344 | ||
| 1345 | 1345 | ||
| 1346 | - | ||
| 1347 | - | ( | |
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| 1353 | - | ||
| 1354 | - | ||
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| 1357 | - | ||
| 1358 | - | ||
| 1359 | - | ||
| 1360 | - | ||
| 1361 | - | ||
| 1362 | - | ||
| 1363 | - | ||
| 1364 | - | ||
| 1365 | - | member state | |
| 1366 | - | ||
| 1367 | - | ||
| 1368 | - | ||
| 1369 | - | ||
| 1370 | - | ||
| 1346 | + | public without the express permission of the contributing state. 901 | |
| 1347 | + | (7) Any information submitted to the data system that is 902 | |
| 1348 | + | subsequently expunged pursuant to federal law or the laws of the 903 | |
| 1349 | + | member state contributing the information shall be removed from 904 | |
| 1350 | + | the data system. 905 | |
| 1351 | + | 906 | |
| 1352 | + | ARTICLE XII 907 | |
| 1353 | + | RULEMAKING 908 | |
| 1354 | + | 909 | |
| 1355 | + | (1) The commission shall adopt reasonable ru les in order 910 | |
| 1356 | + | to effectively and efficiently implement and administer the 911 | |
| 1357 | + | purposes and provisions of the compact. A rule shall be invalid 912 | |
| 1358 | + | and have no force or effect only if a court of competent 913 | |
| 1359 | + | jurisdiction holds that the rule is invalid because the 914 | |
| 1360 | + | commission exercised its rulemaking authority in a manner that 915 | |
| 1361 | + | is beyond the scope and purposes of the compact, or the powers 916 | |
| 1362 | + | granted hereunder, or based upon another applicable standard of 917 | |
| 1363 | + | review. 918 | |
| 1364 | + | (2) The rules of the commission shall have the force of 919 | |
| 1365 | + | law in each member state, provided, however, that if the rules 920 | |
| 1366 | + | of the commission conflict with the laws of the member state 921 | |
| 1367 | + | that establish the member state's laws, regulations, and 922 | |
| 1368 | + | applicable standards that govern the practice of social work as 923 | |
| 1369 | + | held by a court of competent jurisdiction, the rules of the 924 | |
| 1370 | + | commission shall be ineffective in that state to the extent of 925 | |
| 1371 | 1371 | ||
| 1372 | - | ||
| 1372 | + | HB 99 2024 | |
| 1373 | 1373 | ||
| 1374 | 1374 | ||
| 1375 | 1375 | ||
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| 1379 | 1379 | 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 | |
| 1380 | 1380 | ||
| 1381 | 1381 | ||
| 1382 | 1382 | ||
| 1383 | - | ||
| 1384 | - | the | |
| 1385 | - | 928 | |
| 1386 | - | ||
| 1387 | - | ||
| 1388 | - | 931 | |
| 1389 | - | ( | |
| 1390 | - | ||
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| 1404 | - | ||
| 1405 | - | the | |
| 1406 | - | ||
| 1407 | - | ||
| 1383 | + | the conflict. 926 | |
| 1384 | + | (3) The commission shall exercise its rulemaking powers 927 | |
| 1385 | + | pursuant to the criteria set forth in this section and the rules 928 | |
| 1386 | + | adopted thereunder. Rules shall become binding on the day 929 | |
| 1387 | + | following adoption or the date specified in the rule or 930 | |
| 1388 | + | amendment, whichever is later. 931 | |
| 1389 | + | (4) If a majority of the legislatures of the member states 932 | |
| 1390 | + | rejects a rule or portion of a rule, by enactment of a statute 933 | |
| 1391 | + | or resolution in the same manner used to adopt the compact 934 | |
| 1392 | + | within 4 years after the date of adoption of the rule, then such 935 | |
| 1393 | + | rule shall have no further force and effect in any member state. 936 | |
| 1394 | + | (5) Rules shall be adopted at a regular or special meeting 937 | |
| 1395 | + | of the commission. 938 | |
| 1396 | + | (6) Before adoption of a proposed rule, the commission 939 | |
| 1397 | + | shall hold a public hearing and allow persons to provide oral 940 | |
| 1398 | + | and written comments, data, facts, opinions, and arguments. 941 | |
| 1399 | + | (7) Before adoption of a proposed rule by the commission, 942 | |
| 1400 | + | and at least 30 days in advance of the meeting at which the 943 | |
| 1401 | + | commission will hold a public hearing on the proposed rule, the 944 | |
| 1402 | + | commission shall provide a notice of proposed rulemaking: 945 | |
| 1403 | + | (a) On the website of the commission or other publicly 946 | |
| 1404 | + | accessible platform. 947 | |
| 1405 | + | (b) To persons who have requested notice of the 948 | |
| 1406 | + | commission's notices of proposed rulemaking. 949 | |
| 1407 | + | (c) In such other way as the commission may by rule 950 | |
| 1408 | 1408 | ||
| 1409 | - | ||
| 1409 | + | HB 99 2024 | |
| 1410 | 1410 | ||
| 1411 | 1411 | ||
| 1412 | 1412 | ||
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| 1416 | 1416 | 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 | |
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| 1439 | - | ||
| 1440 | - | ||
| 1441 | - | ||
| 1442 | - | ||
| 1443 | - | ( | |
| 1444 | - | ||
| 1420 | + | specify. 951 | |
| 1421 | + | (8) The notice of proposed rulemaking shall include: 952 | |
| 1422 | + | (a) The time, date, and location of the p ublic hearing at 953 | |
| 1423 | + | which the commission will hear public comments on the proposed 954 | |
| 1424 | + | rule and, if different, the time, date, and location of the 955 | |
| 1425 | + | meeting where the commission will consider and vote on the 956 | |
| 1426 | + | proposed rule. 957 | |
| 1427 | + | (b) If the hearing is held via telecommu nication, video 958 | |
| 1428 | + | conference, or other electronic means, the commission shall 959 | |
| 1429 | + | include the mechanism for access to the hearing in the notice of 960 | |
| 1430 | + | proposed rulemaking. 961 | |
| 1431 | + | (c) The text of the proposed rule and the reason therefor. 962 | |
| 1432 | + | (d) A request for comments on t he proposed rule from any 963 | |
| 1433 | + | interested person. 964 | |
| 1434 | + | (e) The manner in which interested persons may submit 965 | |
| 1435 | + | written comments. 966 | |
| 1436 | + | (9) All hearings will be recorded. A copy of the recording 967 | |
| 1437 | + | and all written comments and documents received by the 968 | |
| 1438 | + | commission in respons e to the proposed rule shall be available 969 | |
| 1439 | + | to the public. 970 | |
| 1440 | + | (10) This section does not require a separate hearing on 971 | |
| 1441 | + | each rule. Rules may be grouped for the convenience of the 972 | |
| 1442 | + | commission at hearings required by this section. 973 | |
| 1443 | + | (11) The commission shall, by majority vote of all 974 | |
| 1444 | + | members, take final action on the proposed rule based on the 975 | |
| 1445 | 1445 | ||
| 1446 | - | ||
| 1446 | + | HB 99 2024 | |
| 1447 | 1447 | ||
| 1448 | 1448 | ||
| 1449 | 1449 | ||
| 1450 | 1450 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1453 | 1453 | 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 | |
| 1454 | 1454 | ||
| 1455 | 1455 | ||
| 1456 | 1456 | ||
| 1457 | - | ||
| 1458 | - | ||
| 1459 | - | ||
| 1457 | + | rulemaking record and the full text of the rule. 976 | |
| 1458 | + | (a) The commission may adopt changes to the proposed rule 977 | |
| 1459 | + | provided the changes do not enlarg e the original purpose of the 978 | |
| 1460 | 1460 | proposed rule. 979 | |
| 1461 | - | (b) | |
| 1462 | - | ||
| 1463 | - | ||
| 1464 | - | ||
| 1465 | - | (c) The | |
| 1466 | - | ||
| 1467 | - | ||
| 1468 | - | ||
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| 1470 | - | ( | |
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| 1476 | - | ||
| 1477 | - | ||
| 1478 | - | ||
| 1479 | - | ||
| 1480 | - | ||
| 1481 | - | ||
| 1461 | + | (b) The commission shall provide an explanation of the 980 | |
| 1462 | + | reasons for substantive changes made to the proposed rule as 981 | |
| 1463 | + | well as reasons for substantive changes not made that were 982 | |
| 1464 | + | recommended by commenters. 983 | |
| 1465 | + | (c) The commission shall determine a reasonable effective 984 | |
| 1466 | + | date for the rule. Except for an emergency as provided in 985 | |
| 1467 | + | subsection (12), the effective date of the rule shall be no 986 | |
| 1468 | + | sooner than 30 days after issuing the notice that it adopted or 987 | |
| 1469 | + | amended the rule. 988 | |
| 1470 | + | (12) Upon determination that an emergency exists, the 989 | |
| 1471 | + | commission may consider and adopt an emergency rule with 48 990 | |
| 1472 | + | hours' notice, with opportunity to comment, provided that the 991 | |
| 1473 | + | usual rulemaking procedures provided in the compact and in this 992 | |
| 1474 | + | section shall be retroactively applied to the rule as soon as 993 | |
| 1475 | + | reasonably possible, but in no event later than 90 days after 994 | |
| 1476 | + | the effective date of the rule. For the purposes of this 995 | |
| 1477 | + | subsection, an emergency rule is one that must be adopted 996 | |
| 1478 | + | immediately in order to: 997 | |
| 1479 | + | (a) Meet an imminent threat to public health, safety, or 998 | |
| 1480 | + | welfare; 999 | |
| 1481 | + | (b) Prevent a loss of commission or member state funds; 1000 | |
| 1482 | 1482 | ||
| 1483 | - | ||
| 1483 | + | HB 99 2024 | |
| 1484 | 1484 | ||
| 1485 | 1485 | ||
| 1486 | 1486 | ||
| 1487 | 1487 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1489 | - | Page 41 of | |
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| 1490 | 1490 | 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 | |
| 1491 | 1491 | ||
| 1492 | 1492 | ||
| 1493 | 1493 | ||
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| 1514 | - | ||
| 1515 | - | ||
| 1516 | - | ( | |
| 1517 | - | ||
| 1518 | - | ||
| 1494 | + | (c) Meet a deadline for the adoption of a rule that is 1001 | |
| 1495 | + | established by federal law or rule; or 1002 | |
| 1496 | + | (d) Protect public health and safety. 1003 | |
| 1497 | + | (13) The commission or an authorized committee of the 1004 | |
| 1498 | + | commission may direct revisions to a previously adopted rule for 1005 | |
| 1499 | + | purposes of correcting typographical errors, errors in format, 1006 | |
| 1500 | + | errors in consistency, or grammatical errors. Public notice of 1007 | |
| 1501 | + | any revisions shall be posted on the website of the commission. 1008 | |
| 1502 | + | The revision shall be subject to challenge by any person for a 1009 | |
| 1503 | + | period of 30 days after posting. The revision may be challenged 1010 | |
| 1504 | + | only on grounds that the revision results in a material change 1011 | |
| 1505 | + | to a rule. A challenge shall be made in writing and delivered to 1012 | |
| 1506 | + | the commission prior to the end of the notice period. If no 1013 | |
| 1507 | + | challenge is made, the revision will take effect without further 1014 | |
| 1508 | + | action. If the revision is challenged, the revision may not take 1015 | |
| 1509 | + | effect without the approval of the commission. 1016 | |
| 1510 | + | (14) No member state's rulemaking requirements shall apply 1017 | |
| 1511 | + | under this compact. 1018 | |
| 1512 | + | 1019 | |
| 1513 | + | ARTICLE XIII 1020 | |
| 1514 | + | OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 1021 | |
| 1515 | + | 1022 | |
| 1516 | + | (1)(a) The executive and judicial branches of state 1023 | |
| 1517 | + | government in each member state shall enforce this compact and 1024 | |
| 1518 | + | take all actions necessary and appropriate to implement the 1025 | |
| 1519 | 1519 | ||
| 1520 | - | ||
| 1520 | + | HB 99 2024 | |
| 1521 | 1521 | ||
| 1522 | 1522 | ||
| 1523 | 1523 | ||
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| 1526 | - | Page 42 of | |
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| 1527 | 1527 | 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 | |
| 1528 | 1528 | ||
| 1529 | 1529 | ||
| 1530 | 1530 | ||
| 1531 | - | ||
| 1532 | - | ||
| 1533 | - | ||
| 1534 | - | ||
| 1535 | - | ||
| 1536 | - | The | |
| 1537 | - | ||
| 1538 | - | ||
| 1539 | - | ||
| 1540 | - | ||
| 1541 | - | ||
| 1542 | - | ||
| 1543 | - | ||
| 1544 | - | ||
| 1545 | - | ||
| 1546 | - | 1041 | |
| 1547 | - | ||
| 1548 | - | ||
| 1549 | - | 1044 | |
| 1550 | - | ||
| 1551 | - | ||
| 1552 | - | ||
| 1553 | - | ||
| 1554 | - | ||
| 1555 | - | ||
| 1531 | + | compact. 1026 | |
| 1532 | + | (b) Except as otherwise provided in this compact, venue is 1027 | |
| 1533 | + | proper and judicial proceedings by or against the commission 1028 | |
| 1534 | + | shall be brought solely and exclusively in a court of competent 1029 | |
| 1535 | + | jurisdiction where the principal office of the commission is 1030 | |
| 1536 | + | located. The commission may waive venue and jurisdictional 1031 | |
| 1537 | + | defenses to the extent it adopts or consents to participate in 1032 | |
| 1538 | + | alternative dispute resolution proce edings. Nothing herein shall 1033 | |
| 1539 | + | affect or limit the selection or propriety of venue in any 1034 | |
| 1540 | + | action against a licensee for professional malpractice, 1035 | |
| 1541 | + | misconduct, or any such similar matter. 1036 | |
| 1542 | + | (c) The commission shall be entitled to receive service of 1037 | |
| 1543 | + | process in any proceeding regarding the enforcement or 1038 | |
| 1544 | + | interpretation of the compact and shall have standing to 1039 | |
| 1545 | + | intervene in such a proceeding for all purposes. Failure to 1040 | |
| 1546 | + | provide the commission service of process shall render a 1041 | |
| 1547 | + | judgment or order void as to the commi ssion, this compact, or 1042 | |
| 1548 | + | adopted rules. 1043 | |
| 1549 | + | (2)(a) If the commission determines that a member state 1044 | |
| 1550 | + | has defaulted in the performance of its obligations or 1045 | |
| 1551 | + | responsibilities under this compact or the adopted rules, the 1046 | |
| 1552 | + | commission shall provide written notice to the defaulting state. 1047 | |
| 1553 | + | The notice of default shall describe the default, the proposed 1048 | |
| 1554 | + | means of curing the default, and any other action that the 1049 | |
| 1555 | + | commission may take, and shall offer training and specific 1050 | |
| 1556 | 1556 | ||
| 1557 | - | ||
| 1557 | + | HB 99 2024 | |
| 1558 | 1558 | ||
| 1559 | 1559 | ||
| 1560 | 1560 | ||
| 1561 | 1561 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1563 | - | Page 43 of | |
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| 1564 | 1564 | 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 | |
| 1565 | 1565 | ||
| 1566 | 1566 | ||
| 1567 | 1567 | ||
| 1568 | - | ||
| 1569 | - | ||
| 1570 | - | ||
| 1571 | - | ||
| 1572 | - | ||
| 1573 | - | ||
| 1574 | - | ||
| 1575 | - | ||
| 1576 | - | ||
| 1577 | - | ||
| 1578 | - | ||
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| 1580 | - | ||
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| 1582 | - | ||
| 1583 | - | ||
| 1584 | - | ||
| 1585 | - | ||
| 1586 | - | ||
| 1587 | - | ||
| 1588 | - | ||
| 1589 | - | ||
| 1590 | - | ||
| 1591 | - | ||
| 1592 | - | ||
| 1568 | + | technical assistance regarding the default. 1051 | |
| 1569 | + | (b) The commission shall provide a copy of the notice of 1052 | |
| 1570 | + | default to the other member states. 1053 | |
| 1571 | + | (3) If a state in default fails to cure the default, the 1054 | |
| 1572 | + | defaulting state may be terminated from the compact upon an 1055 | |
| 1573 | + | affirmative vote of a majority of the delegates of the member 1056 | |
| 1574 | + | states, and all rights, privileges, and benefits conferred on 1057 | |
| 1575 | + | that state by this compact may be terminated on the effective 1058 | |
| 1576 | + | date of termination. A cure of the default does not relieve the 1059 | |
| 1577 | + | offending state of obligations or liabilities incurred d uring 1060 | |
| 1578 | + | the period of default. 1061 | |
| 1579 | + | (4) Termination of membership in the compact shall be 1062 | |
| 1580 | + | imposed only after all other means of securing compliance have 1063 | |
| 1581 | + | been exhausted. Notice of intent to suspend or terminate shall 1064 | |
| 1582 | + | be given by the commission to the Governor, t he majority and 1065 | |
| 1583 | + | minority leaders of the defaulting state's legislature, the 1066 | |
| 1584 | + | defaulting state's state licensing authority, and each of the 1067 | |
| 1585 | + | member states' licensing authority. 1068 | |
| 1586 | + | (5) A state that has been terminated is responsible for 1069 | |
| 1587 | + | all assessments, obligat ions, and liabilities incurred through 1070 | |
| 1588 | + | the effective date of termination, including obligations that 1071 | |
| 1589 | + | extend beyond the effective date of termination. 1072 | |
| 1590 | + | (6) Upon the termination of a state's membership from this 1073 | |
| 1591 | + | compact, that state shall immediately provide notice to all 1074 | |
| 1592 | + | licensees within that state of such termination. The terminated 1075 | |
| 1593 | 1593 | ||
| 1594 | - | ||
| 1594 | + | HB 99 2024 | |
| 1595 | 1595 | ||
| 1596 | 1596 | ||
| 1597 | 1597 | ||
| 1598 | 1598 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1600 | - | Page 44 of | |
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| 1601 | 1601 | 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 | |
| 1602 | 1602 | ||
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| 1604 | 1604 | ||
| 1605 | - | ||
| 1606 | - | ||
| 1607 | - | ||
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| 1609 | - | that | |
| 1610 | - | ||
| 1611 | - | ||
| 1612 | - | the | |
| 1613 | - | ||
| 1614 | - | ||
| 1615 | - | ||
| 1616 | - | be | |
| 1617 | - | ||
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| 1620 | - | ||
| 1621 | - | ||
| 1622 | - | the | |
| 1623 | - | ||
| 1624 | - | ||
| 1625 | - | ||
| 1626 | - | ||
| 1627 | - | ||
| 1628 | - | ||
| 1629 | - | ||
| 1605 | + | state shall continue to recognize all licenses granted pursuant 1076 | |
| 1606 | + | to this compact for a minimum of 6 months after the date of said 1077 | |
| 1607 | + | notice of termination. 1078 | |
| 1608 | + | (7) The commission may not bear any costs related to a 1079 | |
| 1609 | + | state that is found to be in default or that has been terminated 1080 | |
| 1610 | + | from the compact, unless agreed upon in writing between the 1081 | |
| 1611 | + | commission and the defaulting state. 1082 | |
| 1612 | + | (8) The defaulting state may appeal the action of the 1083 | |
| 1613 | + | commission by petitioning the United States District Court for 1084 | |
| 1614 | + | the District of Columbia or the federal district where the 1085 | |
| 1615 | + | commission has its principal offices. The prevailing party shall 1086 | |
| 1616 | + | be awarded all costs of such litigation, including reasonable 1087 | |
| 1617 | + | attorney fees. 1088 | |
| 1618 | + | (9)(a) Upon request by a member state, the commission 1089 | |
| 1619 | + | shall attempt to resolve disputes related to the compact that 1090 | |
| 1620 | + | arise among member states and between member and nonmember 1091 | |
| 1621 | + | states. 1092 | |
| 1622 | + | (b) The commission shall adopt a rule providing for both 1093 | |
| 1623 | + | mediation and binding dispute resolution for disputes as 1094 | |
| 1624 | + | appropriate. 1095 | |
| 1625 | + | (10)(a) By majority vote as provided by rule, the 1096 | |
| 1626 | + | commission may initiate legal action against a member state in 1097 | |
| 1627 | + | default in the United States District Court for the District of 1098 | |
| 1628 | + | Columbia or the federal district where the commission has its 1099 | |
| 1629 | + | principal offices to enforce compliance with the provisions of 1100 | |
| 1630 | 1630 | ||
| 1631 | - | ||
| 1631 | + | HB 99 2024 | |
| 1632 | 1632 | ||
| 1633 | 1633 | ||
| 1634 | 1634 | ||
| 1635 | 1635 | CODING: Words stricken are deletions; words underlined are additions. | |
| 1636 | - | hb0099- | |
| 1637 | - | Page 45 of | |
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| 1638 | 1638 | 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 | |
| 1639 | 1639 | ||
| 1640 | 1640 | ||
| 1641 | 1641 | ||
| 1642 | - | ||
| 1643 | - | ||
| 1644 | - | ||
| 1645 | - | ||
| 1646 | - | ||
| 1647 | - | commission | |
| 1648 | - | ||
| 1649 | - | ||
| 1650 | - | ||
| 1651 | - | ||
| 1652 | - | ||
| 1653 | - | ||
| 1654 | - | ||
| 1655 | - | ||
| 1656 | - | ||
| 1657 | - | ||
| 1658 | - | ||
| 1659 | - | ||
| 1660 | - | ||
| 1661 | - | ||
| 1662 | - | ||
| 1663 | - | ||
| 1664 | - | the compact | |
| 1665 | - | ||
| 1666 | - | ||
| 1642 | + | the compact and its adopted rules. The relief sought may include 1101 | |
| 1643 | + | both injunctive relief and damages. In the event judicial 1102 | |
| 1644 | + | enforcement is necessary, the prevailing party shall be awarded 1103 | |
| 1645 | + | all costs of such liti gation, including reasonable attorney 1104 | |
| 1646 | + | fees. The remedies herein may not be the exclusive remedies of 1105 | |
| 1647 | + | the commission. The commission may pursue any other remedies 1106 | |
| 1648 | + | available under federal or the defaulting member state's law. 1107 | |
| 1649 | + | (b) A member state may initiat e legal action against the 1108 | |
| 1650 | + | commission in the United States District Court for the District 1109 | |
| 1651 | + | of Columbia or the federal district where the commission has its 1110 | |
| 1652 | + | principal offices to enforce compliance with the provisions of 1111 | |
| 1653 | + | the compact and its adopted rules. Th e relief sought may include 1112 | |
| 1654 | + | both injunctive relief and damages. In the event judicial 1113 | |
| 1655 | + | enforcement is necessary, the prevailing party shall be awarded 1114 | |
| 1656 | + | all costs of such litigation, including reasonable attorney 1115 | |
| 1657 | + | fees. 1116 | |
| 1658 | + | (c) Only a member state may enforce th is compact against 1117 | |
| 1659 | + | the commission. 1118 | |
| 1660 | + | 1119 | |
| 1661 | + | ARTICLE XIV 1120 | |
| 1662 | + | EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 1121 | |
| 1663 | + | 1122 | |
| 1664 | + | (1) The compact shall come into effect on the date on 1123 | |
| 1665 | + | which the compact statute is enacted into law in the seventh 1124 | |
| 1666 | + | member state. 1125 | |
| 1667 | 1667 | ||
| 1668 | - | ||
| 1668 | + | HB 99 2024 | |
| 1669 | 1669 | ||
| 1670 | 1670 | ||
| 1671 | 1671 | ||
| 1672 | 1672 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1675 | 1675 | 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 | |
| 1676 | 1676 | ||
| 1677 | 1677 | ||
| 1678 | 1678 | ||
| 1679 | - | ||
| 1680 | - | ||
| 1681 | - | ||
| 1682 | - | ||
| 1683 | - | ||
| 1684 | - | ||
| 1685 | - | ||
| 1686 | - | ||
| 1687 | - | ||
| 1688 | - | ||
| 1689 | - | ||
| 1690 | - | ||
| 1691 | - | ||
| 1692 | - | ||
| 1693 | - | ||
| 1694 | - | 1141 | |
| 1695 | - | ||
| 1696 | - | ||
| 1697 | - | 1144 | |
| 1698 | - | ||
| 1699 | - | ||
| 1700 | - | ||
| 1701 | - | ||
| 1702 | - | commission | |
| 1703 | - | ||
| 1679 | + | (2)(a) On or after the effective date of the compact, the 1126 | |
| 1680 | + | commission shall convene and review the enactment of each of the 1127 | |
| 1681 | + | first seven charter member states to determine if the statute 1128 | |
| 1682 | + | enacted by each such charter member state is materially 1129 | |
| 1683 | + | different than the model compact statute. 1130 | |
| 1684 | + | 1. A charter member state whose enactment is found to be 1131 | |
| 1685 | + | materially different from the model compact statute shall be 1132 | |
| 1686 | + | entitled to the default process set forth in Article XIII. 1133 | |
| 1687 | + | 2. If any member state is later found to be in default, or 1134 | |
| 1688 | + | is terminated or with draws from the compact, the commission 1135 | |
| 1689 | + | shall remain in existence and the compact shall remain in effect 1136 | |
| 1690 | + | even if the number of member states should be less than seven. 1137 | |
| 1691 | + | (b) Member states enacting the compact subsequent to the 1138 | |
| 1692 | + | seven initial charter member s tates shall be subject to the 1139 | |
| 1693 | + | process provided in paragraph (3)(u) of Article X to determine 1140 | |
| 1694 | + | if their enactments are materially different from the model 1141 | |
| 1695 | + | compact statute and whether they qualify for participation in 1142 | |
| 1696 | + | the compact. 1143 | |
| 1697 | + | (c) All actions taken for the benefit of the commission or 1144 | |
| 1698 | + | in furtherance of the purposes of the administration of the 1145 | |
| 1699 | + | compact prior to the effective date of the compact or the 1146 | |
| 1700 | + | commission coming into existence shall be considered to be 1147 | |
| 1701 | + | actions of the commission unless specifically repudiated by the 1148 | |
| 1702 | + | commission. 1149 | |
| 1703 | + | (d) Any state that joins the compact subsequent to the 1150 | |
| 1704 | 1704 | ||
| 1705 | - | ||
| 1705 | + | HB 99 2024 | |
| 1706 | 1706 | ||
| 1707 | 1707 | ||
| 1708 | 1708 | ||
| 1709 | 1709 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1711 | - | Page 47 of | |
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| 1712 | 1712 | 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 | |
| 1713 | 1713 | ||
| 1714 | 1714 | ||
| 1715 | 1715 | ||
| 1716 | - | ||
| 1717 | - | ||
| 1718 | - | ||
| 1719 | - | ||
| 1720 | - | ||
| 1721 | - | ||
| 1722 | - | ||
| 1723 | - | ||
| 1724 | - | ||
| 1725 | - | ||
| 1726 | - | ||
| 1727 | - | ||
| 1728 | - | ||
| 1729 | - | compact | |
| 1730 | - | the | |
| 1731 | - | ||
| 1732 | - | ||
| 1733 | - | ||
| 1734 | - | ||
| 1735 | - | ||
| 1736 | - | ||
| 1737 | - | ( | |
| 1738 | - | ||
| 1739 | - | ||
| 1740 | - | ||
| 1716 | + | commission's initial adoption of the rules and bylaws shall be 1151 | |
| 1717 | + | subject to the rules and bylaws as they exist on the date on 1152 | |
| 1718 | + | which the compact becomes law in that state. Any rule that has 1153 | |
| 1719 | + | been previously adopted by the commission shall have the full 1154 | |
| 1720 | + | force and effect of law on the day the compact becomes law in 1155 | |
| 1721 | + | that state. 1156 | |
| 1722 | + | (3) Any member state may withdraw from this compact by 1157 | |
| 1723 | + | enacting a statute repealing the same. 1158 | |
| 1724 | + | (a) A member state's withdrawal may not take effect until 1159 | |
| 1725 | + | 180 days after enactment of the repealing statute. 1160 | |
| 1726 | + | (b) Withdrawal may not affect the continuing requirement 1161 | |
| 1727 | + | of the withdrawing state's licensing authority to comply with 1162 | |
| 1728 | + | the investigative and adverse action reporting requirements of 1163 | |
| 1729 | + | this compact before the effective date of withdrawal. 1164 | |
| 1730 | + | (c) Upon the enactment of a statute withdrawing from this 1165 | |
| 1731 | + | compact, a state shall immediately provide notice of such 1166 | |
| 1732 | + | withdrawal to all licensees within that state. Notw ithstanding 1167 | |
| 1733 | + | any subsequent statutory enactment to the contrary, such 1168 | |
| 1734 | + | withdrawing state shall continue to recognize all licenses 1169 | |
| 1735 | + | granted pursuant to this compact for a minimum of 180 days after 1170 | |
| 1736 | + | the date of such notice of withdrawal. 1171 | |
| 1737 | + | (4) This compact does not invalidate or prevent any 1172 | |
| 1738 | + | licensure agreement or other cooperative arrangement between a 1173 | |
| 1739 | + | member state and a nonmember state that does not conflict with 1174 | |
| 1740 | + | the provisions of this compact. 1175 | |
| 1741 | 1741 | ||
| 1742 | - | ||
| 1742 | + | HB 99 2024 | |
| 1743 | 1743 | ||
| 1744 | 1744 | ||
| 1745 | 1745 | ||
| 1746 | 1746 | CODING: Words stricken are deletions; words underlined are additions. | |
| 1747 | - | hb0099- | |
| 1748 | - | Page 48 of | |
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| 1749 | 1749 | 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 | |
| 1750 | 1750 | ||
| 1751 | 1751 | ||
| 1752 | 1752 | ||
| 1753 | - | ||
| 1754 | - | ||
| 1755 | - | ||
| 1756 | - | ||
| 1757 | - | ||
| 1758 | - | ||
| 1759 | - | ||
| 1760 | - | ||
| 1761 | - | ||
| 1762 | - | the | |
| 1763 | - | ||
| 1764 | - | ||
| 1765 | - | ||
| 1766 | - | ||
| 1767 | - | ||
| 1768 | - | ||
| 1769 | - | ||
| 1770 | - | ||
| 1771 | - | ||
| 1772 | - | ||
| 1773 | - | ||
| 1774 | - | the | |
| 1775 | - | ||
| 1776 | - | ||
| 1777 | - | ||
| 1753 | + | (5) This compact may be amended by the member states. Any 1176 | |
| 1754 | + | amendment to this compact is not effective and binding upon any 1177 | |
| 1755 | + | member state until it is enacted into the laws of all member 1178 | |
| 1756 | + | states. 1179 | |
| 1757 | + | 1180 | |
| 1758 | + | ARTICLE XV 1181 | |
| 1759 | + | CONSTRUCTION AND SEVERABILITY 1182 | |
| 1760 | + | 1183 | |
| 1761 | + | (1) This compact and the commission's rulemaking authority 1184 | |
| 1762 | + | shall be liberally construe d so as to effectuate the purposes 1185 | |
| 1763 | + | and the implementation and administration of the compact. 1186 | |
| 1764 | + | Provisions of the compact expressly authorizing or requiring the 1187 | |
| 1765 | + | adoption of rules may not be construed to limit the commission's 1188 | |
| 1766 | + | rulemaking authority solely for t hose purposes. 1189 | |
| 1767 | + | (2) The provisions of this compact shall be severable and 1190 | |
| 1768 | + | if any phrase, clause, sentence, or provision of this compact is 1191 | |
| 1769 | + | held by a court of competent jurisdiction to be contrary to the 1192 | |
| 1770 | + | constitution of any member state, a state seeking pa rticipation 1193 | |
| 1771 | + | in the compact, or of the United states, or the applicability 1194 | |
| 1772 | + | thereof to any government, agency, person, or circumstance is 1195 | |
| 1773 | + | held to be unconstitutional by a court of competent 1196 | |
| 1774 | + | jurisdiction, the validity of the remainder of this compact and 1197 | |
| 1775 | + | the applicability thereof to any other government, agency, 1198 | |
| 1776 | + | person, or circumstance may not be affected thereby. 1199 | |
| 1777 | + | (3) Notwithstanding subsection (2), the commission may 1200 | |
| 1778 | 1778 | ||
| 1779 | - | ||
| 1779 | + | HB 99 2024 | |
| 1780 | 1780 | ||
| 1781 | 1781 | ||
| 1782 | 1782 | ||
| 1783 | 1783 | CODING: Words stricken are deletions; words underlined are additions. | |
| 1784 | - | hb0099- | |
| 1785 | - | Page 49 of | |
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| 1786 | 1786 | 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 | |
| 1787 | 1787 | ||
| 1788 | 1788 | ||
| 1789 | 1789 | ||
| 1790 | - | ||
| 1791 | - | 1202 | |
| 1792 | - | ||
| 1793 | - | ||
| 1794 | - | 1205 | |
| 1795 | - | ||
| 1796 | - | ||
| 1797 | - | ||
| 1798 | - | ||
| 1799 | - | ||
| 1800 | - | ||
| 1801 | - | ||
| 1802 | - | ||
| 1803 | - | ||
| 1804 | - | ||
| 1805 | - | ||
| 1806 | - | ||
| 1807 | - | ||
| 1808 | - | ||
| 1809 | - | ||
| 1810 | - | ||
| 1811 | - | (3) | |
| 1812 | - | ||
| 1813 | - | ||
| 1814 | - | ||
| 1790 | + | deny a state's participation in the compact or, in accordance 1201 | |
| 1791 | + | with the requirements of subs ection (2) of Article XIII, 1202 | |
| 1792 | + | terminate a member state's participation in the compact, if it 1203 | |
| 1793 | + | determines that a constitutional requirement of a member state 1204 | |
| 1794 | + | is a material departure from the compact. Otherwise, if this 1205 | |
| 1795 | + | compact shall be held to be contrary to t he constitution of any 1206 | |
| 1796 | + | member state, the compact shall remain in full force and effect 1207 | |
| 1797 | + | as to the remaining member states and in full force and effect 1208 | |
| 1798 | + | as to the member state affected as to all severable matters. 1209 | |
| 1799 | + | 1210 | |
| 1800 | + | ARTICLE XVI 1211 | |
| 1801 | + | CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1212 | |
| 1802 | + | 1213 | |
| 1803 | + | (1) A licensee providing services in a remote state under 1214 | |
| 1804 | + | a multistate authorization to practice shall adhere to the laws 1215 | |
| 1805 | + | and regulations, including laws, regulations, and applicable 1216 | |
| 1806 | + | standards, of the remote state where the client is located at 1217 | |
| 1807 | + | the time care is rendered. 1218 | |
| 1808 | + | (2) Nothing herein shall prevent or inhibit the 1219 | |
| 1809 | + | enforcement of any other law of a member state that is not 1220 | |
| 1810 | + | inconsistent with the compact. 1221 | |
| 1811 | + | (3) Any laws, statutes, regulations, or other legal 1222 | |
| 1812 | + | requirements in a mem ber state in conflict with the compact are 1223 | |
| 1813 | + | superseded to the extent of the conflict. 1224 | |
| 1814 | + | (4) All permissible agreements between the commission and 1225 | |
| 1815 | 1815 | ||
| 1816 | - | ||
| 1816 | + | HB 99 2024 | |
| 1817 | 1817 | ||
| 1818 | 1818 | ||
| 1819 | 1819 | ||
| 1820 | 1820 | CODING: Words stricken are deletions; words underlined are additions. | |
| 1821 | - | hb0099- | |
| 1822 | - | Page 50 of | |
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| 1823 | 1823 | 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 | |
| 1824 | 1824 | ||
| 1825 | 1825 | ||
| 1826 | 1826 | ||
| 1827 | - | determines that a constitutional requirement of a member state 1226 | |
| 1828 | - | is a material departure from the compact. Otherwise, if this 1227 | |
| 1829 | - | compact shall be held to be contrary to t he constitution of any 1228 | |
| 1830 | - | member state, the compact shall remain in full force and effect 1229 | |
| 1831 | - | as to the remaining member states and in full force and effect 1230 | |
| 1832 | - | as to the member state affected as to all severable matters. 1231 | |
| 1833 | - | 1232 | |
| 1834 | - | ARTICLE XVI 1233 | |
| 1835 | - | CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1234 | |
| 1836 | - | 1235 | |
| 1837 | - | (1) A licensee providing services in a remote state under 1236 | |
| 1838 | - | a multistate authorization to practice shall adhere to the laws 1237 | |
| 1839 | - | and regulations, including laws, regulations, and applicable 1238 | |
| 1840 | - | standards, of the remote state where the client is located at 1239 | |
| 1841 | - | the time care is rendered. 1240 | |
| 1842 | - | (2) Nothing herein shall prevent or inhibit the 1241 | |
| 1843 | - | enforcement of any other law of a member state that is not 1242 | |
| 1844 | - | inconsistent with the compact. 1243 | |
| 1845 | - | (3) Any laws, statutes, regulations, or other legal 1244 | |
| 1846 | - | requirements in a mem ber state in conflict with the compact are 1245 | |
| 1847 | - | superseded to the extent of the conflict. 1246 | |
| 1848 | - | (4) All permissible agreements between the commission and 1247 | |
| 1849 | - | the member states are binding in accordance with their terms. 1248 | |
| 1850 | - | Section 2. Subsection (10) of section 456.073, Florida 1249 | |
| 1851 | - | Statutes, is amended to read: 1250 | |
| 1852 | - | ||
| 1853 | - | CS/HB 99 2024 | |
| 1854 | - | ||
| 1855 | - | ||
| 1856 | - | ||
| 1857 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 1858 | - | hb0099-01-c1 | |
| 1859 | - | Page 51 of 61 | |
| 1860 | - | 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 | |
| 1861 | - | ||
| 1862 | - | ||
| 1863 | - | ||
| 1864 | - | 456.073 Disciplinary proceedings. —Disciplinary proceedings 1251 | |
| 1865 | - | for each board shall be within the jurisdiction of the 1252 | |
| 1866 | - | department. 1253 | |
| 1867 | - | (10) The complaint and all information obtained pursuant 1254 | |
| 1868 | - | to the investigation b y the department are confidential and 1255 | |
| 1869 | - | exempt from s. 119.07(1) until 10 days after probable cause has 1256 | |
| 1870 | - | been found to exist by the probable cause panel or by the 1257 | |
| 1871 | - | department, or until the regulated professional or subject of 1258 | |
| 1872 | - | the investigation waives his or he r privilege of 1259 | |
| 1873 | - | confidentiality, whichever occurs first. The department shall 1260 | |
| 1874 | - | report any significant investigation information relating to a 1261 | |
| 1875 | - | nurse holding a multistate license to the coordinated licensure 1262 | |
| 1876 | - | information system pursuant to s. 464.0095, and any significant 1263 | |
| 1877 | - | investigatory information relating to a health care practitioner 1264 | |
| 1878 | - | practicing under the Professional Counselors Licensure Compact 1265 | |
| 1879 | - | to the data system pursuant to s. 491.017, and any significant 1266 | |
| 1880 | - | investigatory information relating to a psychologist practicing 1267 | |
| 1881 | - | under the Psychology Interjurisdictional Compact to the 1268 | |
| 1882 | - | coordinated licensure information system pursuant to s. 1269 | |
| 1883 | - | 490.0075, and any significant investigatory information relating 1270 | |
| 1884 | - | a clinical social worker practicing under the Social Work 1271 | |
| 1885 | - | Licensure Interstate Compact to the data system pursuant to s. 1272 | |
| 1886 | - | 491.022. Upon completion of the investigation and a 1273 | |
| 1887 | - | recommendation by the department to find probable cause, and 1274 | |
| 1888 | - | pursuant to a written request by the subject or the subject's 1275 | |
| 1889 | - | ||
| 1890 | - | CS/HB 99 2024 | |
| 1891 | - | ||
| 1892 | - | ||
| 1893 | - | ||
| 1894 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 1895 | - | hb0099-01-c1 | |
| 1896 | - | Page 52 of 61 | |
| 1897 | - | 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 | |
| 1898 | - | ||
| 1899 | - | ||
| 1900 | - | ||
| 1901 | - | attorney, the department sha ll provide the subject an 1276 | |
| 1902 | - | opportunity to inspect the investigative file or, at the 1277 | |
| 1903 | - | subject's expense, forward to the subject a copy of the 1278 | |
| 1904 | - | investigative file. Notwithstanding s. 456.057, the subject may 1279 | |
| 1905 | - | inspect or receive a copy of any expert witness repor t or 1280 | |
| 1906 | - | patient record connected with the investigation if the subject 1281 | |
| 1907 | - | agrees in writing to maintain the confidentiality of any 1282 | |
| 1908 | - | information received under this subsection until 10 days after 1283 | |
| 1909 | - | probable cause is found and to maintain the confidentiality of 1284 | |
| 1910 | - | patient records pursuant to s. 456.057. The subject may file a 1285 | |
| 1911 | - | written response to the information contained in the 1286 | |
| 1912 | - | investigative file. Such response must be filed within 20 days 1287 | |
| 1913 | - | of mailing by the department, unless an extension of time has 1288 | |
| 1914 | - | been granted by the department. This subsection does not 1289 | |
| 1915 | - | prohibit the department from providing such information to any 1290 | |
| 1916 | - | law enforcement agency or to any other regulatory agency. 1291 | |
| 1917 | - | Section 3. Subsection (5) of section 456.076, Florida 1292 | |
| 1918 | - | Statutes, is amended to read: 1293 | |
| 1919 | - | 456.076 Impaired practitioner programs. — 1294 | |
| 1920 | - | (5) A consultant shall enter into a participant contract 1295 | |
| 1921 | - | with an impaired practitioner and shall establish the terms of 1296 | |
| 1922 | - | monitoring and shall include the terms in a participant 1297 | |
| 1923 | - | contract. In establishing the terms of monito ring, the 1298 | |
| 1924 | - | consultant may consider the recommendations of one or more 1299 | |
| 1925 | - | approved evaluators, treatment programs, or treatment providers. 1300 | |
| 1926 | - | ||
| 1927 | - | CS/HB 99 2024 | |
| 1928 | - | ||
| 1929 | - | ||
| 1930 | - | ||
| 1931 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 1932 | - | hb0099-01-c1 | |
| 1933 | - | Page 53 of 61 | |
| 1934 | - | 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 | |
| 1935 | - | ||
| 1936 | - | ||
| 1937 | - | ||
| 1938 | - | A consultant may modify the terms of monitoring if the 1301 | |
| 1939 | - | consultant concludes, through the course of monitoring, that 1302 | |
| 1940 | - | extended, additional, or amended terms of monitoring are 1303 | |
| 1941 | - | required for the protection of the health, safety, and welfare 1304 | |
| 1942 | - | of the public. If the impaired practitioner is a health care 1305 | |
| 1943 | - | practitioner practicing under the Professional Counselors 1306 | |
| 1944 | - | Licensure Compact pursu ant to s. 491.017, the terms of the 1307 | |
| 1945 | - | monitoring contract must include the impaired practitioner's 1308 | |
| 1946 | - | withdrawal from all practice under the compact. If the impaired 1309 | |
| 1947 | - | practitioner is a psychologist practicing under the Psychology 1310 | |
| 1948 | - | Interjurisdictional Compact purs uant to s. 490.0075, the terms 1311 | |
| 1949 | - | of the monitoring contract must include the impaired 1312 | |
| 1950 | - | practitioner's withdrawal from all practice under the compact. 1313 | |
| 1951 | - | If the impaired practitioner is a clinical social worker 1314 | |
| 1952 | - | practicing under the Social Work Licensure Interstat e Compact, 1315 | |
| 1953 | - | pursuant to s. 491.022, the terms of the monitoring contract 1316 | |
| 1954 | - | must include the impaired practitioner's withdrawal from all 1317 | |
| 1955 | - | practice under the compact. 1318 | |
| 1956 | - | Section 4. Subsection (9) is added to section 491.004, 1319 | |
| 1957 | - | Florida Statutes, to read: 1320 | |
| 1958 | - | 491.004 Board of Clinical Social Work, Marriage and Family 1321 | |
| 1959 | - | Therapy, and Mental Health Counseling. — 1322 | |
| 1960 | - | (9) The board shall appoint an individual to serve as the 1323 | |
| 1961 | - | state's delegate on the Social Work Licensure Interstate Compact 1324 | |
| 1962 | - | Commission as required under s. 491.022 . 1325 | |
| 1963 | - | ||
| 1964 | - | CS/HB 99 2024 | |
| 1965 | - | ||
| 1966 | - | ||
| 1967 | - | ||
| 1968 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 1969 | - | hb0099-01-c1 | |
| 1970 | - | Page 54 of 61 | |
| 1971 | - | 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 | |
| 1972 | - | ||
| 1973 | - | ||
| 1974 | - | ||
| 1975 | - | Section 5. Subsection (6) of section 491.005, Florida 1326 | |
| 1976 | - | Statutes, is amended to read: 1327 | |
| 1977 | - | 491.005 Licensure by examination. — 1328 | |
| 1978 | - | (6) EXEMPTIONS EXEMPTION.— 1329 | |
| 1979 | - | (a) A person licensed as a clinical social worker, 1330 | |
| 1980 | - | marriage and family therapist, or mental health counselor in 1331 | |
| 1981 | - | another state who is practicing under the Professional 1332 | |
| 1982 | - | Counselors Licensure Compact pursuant to s. 491.017, and only 1333 | |
| 1983 | - | within the scope provided therein, is exempt from the licensure 1334 | |
| 1984 | - | requirements of this section, as applicable. 1335 | |
| 1985 | - | (b) A person licensed as a clinical social worker in 1336 | |
| 1986 | - | another state who is practicing under the Social Worker 1337 | |
| 1987 | - | Licensure Interstate Compact pursuant to s. 491.022, and only 1338 | |
| 1988 | - | within the scope provided therein, is exempt from the licensure 1339 | |
| 1989 | - | requirements of this section, as ap plicable. 1340 | |
| 1990 | - | Section 6. Subsection (4) is added to section 491.006, 1341 | |
| 1991 | - | Florida Statutes, to read: 1342 | |
| 1992 | - | 491.006 Licensure or certification by endorsement. — 1343 | |
| 1993 | - | (4) A person licensed as a clinical social worker in 1344 | |
| 1994 | - | another state who is practicing under the Social Wo rker 1345 | |
| 1995 | - | Licensure Interstate Compact pursuant to s. 491.022, and only 1346 | |
| 1996 | - | within the scope provided therein, is exempt from the licensure 1347 | |
| 1997 | - | requirements of this section, as applicable. 1348 | |
| 1998 | - | Section 7. Subsection (1) of section 491.009, Florida 1349 | |
| 1999 | - | Statutes, is amended, and paragraph (c) is added to subsection 1350 | |
| 2000 | - | ||
| 2001 | - | CS/HB 99 2024 | |
| 2002 | - | ||
| 2003 | - | ||
| 2004 | - | ||
| 2005 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 2006 | - | hb0099-01-c1 | |
| 2007 | - | Page 55 of 61 | |
| 2008 | - | 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 | |
| 2009 | - | ||
| 2010 | - | ||
| 2011 | - | ||
| 2012 | - | (2) of that section, to read: 1351 | |
| 2013 | - | 491.009 Discipline. — 1352 | |
| 2014 | - | (1) The following acts constitute grounds for denial of a 1353 | |
| 2015 | - | license or disciplinary action, as specified in s. 456.072(2) , 1354 | |
| 2016 | - | or s. 491.017, or s. 491.022: 1355 | |
| 2017 | - | (a) Attempting to obtain, obtaining, or renewing a 1356 | |
| 2018 | - | license, registration, or certificate under this chapter by 1357 | |
| 2019 | - | bribery or fraudulent misrepresentation or through an error of 1358 | |
| 2020 | - | the board or the department. 1359 | |
| 2021 | - | (b) Having a license, registration, or certificate to 1360 | |
| 2022 | - | practice a comparable profession revoked, suspended, or 1361 | |
| 2023 | - | otherwise acted against, including the denial of certification 1362 | |
| 2024 | - | or licensure by another state, territory, or country. 1363 | |
| 2025 | - | (c) Being convicted or found guilty of, regardless of 1364 | |
| 2026 | - | adjudication, or having ente red a plea of nolo contendere to, a 1365 | |
| 2027 | - | crime in any jurisdiction which directly relates to the practice 1366 | |
| 2028 | - | of his or her profession or the ability to practice his or her 1367 | |
| 2029 | - | profession. However, in the case of a plea of nolo contendere, 1368 | |
| 2030 | - | the board shall allow the per son who is the subject of the 1369 | |
| 2031 | - | disciplinary proceeding to present evidence in mitigation 1370 | |
| 2032 | - | relevant to the underlying charges and circumstances surrounding 1371 | |
| 2033 | - | the plea. 1372 | |
| 2034 | - | (d) False, deceptive, or misleading advertising or 1373 | |
| 2035 | - | obtaining a fee or other thing of value on the representation 1374 | |
| 2036 | - | that beneficial results from any treatment will be guaranteed. 1375 | |
| 2037 | - | ||
| 2038 | - | CS/HB 99 2024 | |
| 2039 | - | ||
| 2040 | - | ||
| 2041 | - | ||
| 2042 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 2043 | - | hb0099-01-c1 | |
| 2044 | - | Page 56 of 61 | |
| 2045 | - | 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 | |
| 2046 | - | ||
| 2047 | - | ||
| 2048 | - | ||
| 2049 | - | (e) Advertising, practicing, or attempting to practice 1376 | |
| 2050 | - | under a name other than one's own. 1377 | |
| 2051 | - | (f) Maintaining a professional association with any person 1378 | |
| 2052 | - | who the applicant, licensee, registered intern, or 1379 | |
| 2053 | - | certificateholder knows, or has reason to believe, is in 1380 | |
| 2054 | - | violation of this chapter or of a rule of the department or the 1381 | |
| 2055 | - | board. 1382 | |
| 2056 | - | (g) Knowingly aiding, assisting, procuring, or advising 1383 | |
| 2057 | - | any nonlicensed, nonregistered, or no ncertified person to hold 1384 | |
| 2058 | - | himself or herself out as licensed, registered, or certified 1385 | |
| 2059 | - | under this chapter. 1386 | |
| 2060 | - | (h) Failing to perform any statutory or legal obligation 1387 | |
| 2061 | - | placed upon a person licensed, registered, or certified under 1388 | |
| 2062 | - | this chapter. 1389 | |
| 2063 | - | (i) Willfully making or filing a false report or record; 1390 | |
| 2064 | - | failing to file a report or record required by state or federal 1391 | |
| 2065 | - | law; willfully impeding or obstructing the filing of a report or 1392 | |
| 2066 | - | record; or inducing another person to make or file a false 1393 | |
| 2067 | - | report or record or to impede or obstruct the filing of a report 1394 | |
| 2068 | - | or record. Such report or record includes only a report or 1395 | |
| 2069 | - | record which requires the signature of a person licensed, 1396 | |
| 2070 | - | registered, or certified under this chapter. 1397 | |
| 2071 | - | (j) Paying a kickback, rebate, bonus, or other 1398 | |
| 2072 | - | remuneration for receiving a patient or client, or receiving a 1399 | |
| 2073 | - | kickback, rebate, bonus, or other remuneration for referring a 1400 | |
| 2074 | - | ||
| 2075 | - | CS/HB 99 2024 | |
| 2076 | - | ||
| 2077 | - | ||
| 2078 | - | ||
| 2079 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 2080 | - | hb0099-01-c1 | |
| 2081 | - | Page 57 of 61 | |
| 2082 | - | 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 | |
| 2083 | - | ||
| 2084 | - | ||
| 2085 | - | ||
| 2086 | - | patient or client to another provider of mental health care 1401 | |
| 2087 | - | services or to a provider of health care services or goods; 1402 | |
| 2088 | - | referring a patient or client to oneself for services on a fee -1403 | |
| 2089 | - | paid basis when those services are already being paid for by 1404 | |
| 2090 | - | some other public or private entity; or entering into a 1405 | |
| 2091 | - | reciprocal referral agreement. 1406 | |
| 2092 | - | (k) Committing any act upon a patient or client which 1407 | |
| 2093 | - | would constitute sexual battery or which would constitute sexual 1408 | |
| 2094 | - | misconduct as defined pursuant to s. 491.0111. 1409 | |
| 2095 | - | (l) Making misleading, deceptive, untrue, or fraudulent 1410 | |
| 2096 | - | representations in the practice of any profession licensed, 1411 | |
| 2097 | - | registered, or certified und er this chapter. 1412 | |
| 2098 | - | (m) Soliciting patients or clients personally, or through 1413 | |
| 2099 | - | an agent, through the use of fraud, intimidation, undue 1414 | |
| 2100 | - | influence, or a form of overreaching or vexatious conduct. 1415 | |
| 2101 | - | (n) Failing to make available to a patient or client, upon 1416 | |
| 2102 | - | written request, copies of tests, reports, or documents in the 1417 | |
| 2103 | - | possession or under the control of the licensee, registered 1418 | |
| 2104 | - | intern, or certificateholder which have been prepared for and 1419 | |
| 2105 | - | paid for by the patient or client. 1420 | |
| 2106 | - | (o) Failing to respond within 30 days to a written 1421 | |
| 2107 | - | communication from the department or the board concerning any 1422 | |
| 2108 | - | investigation by the department or the board, or failing to make 1423 | |
| 2109 | - | available any relevant records with respect to any investigation 1424 | |
| 2110 | - | about the licensee's, registered intern's, or 1425 | |
| 2111 | - | ||
| 2112 | - | CS/HB 99 2024 | |
| 2113 | - | ||
| 2114 | - | ||
| 2115 | - | ||
| 2116 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 2117 | - | hb0099-01-c1 | |
| 2118 | - | Page 58 of 61 | |
| 2119 | - | 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 | |
| 2120 | - | ||
| 2121 | - | ||
| 2122 | - | ||
| 2123 | - | certificateholder's conduct or background. 1426 | |
| 2124 | - | (p) Being unable to practice the profession for which he 1427 | |
| 2125 | - | or she is licensed, registered, or certified under this chapter 1428 | |
| 2126 | - | with reasonable skill or competence as a result of any mental or 1429 | |
| 2127 | - | physical condition or by reas on of illness; drunkenness; or 1430 | |
| 2128 | - | excessive use of drugs, narcotics, chemicals, or any other 1431 | |
| 2129 | - | substance. In enforcing this paragraph, upon a finding by the 1432 | |
| 2130 | - | State Surgeon General, the State Surgeon General's designee, or 1433 | |
| 2131 | - | the board that probable cause exists to believe that the 1434 | |
| 2132 | - | licensee, registered intern, or certificateholder is unable to 1435 | |
| 2133 | - | practice the profession because of the reasons stated in this 1436 | |
| 2134 | - | paragraph, the department shall have the authority to compel a 1437 | |
| 2135 | - | licensee, registered intern, or certificateholder t o submit to a 1438 | |
| 2136 | - | mental or physical examination by psychologists, physicians, or 1439 | |
| 2137 | - | other licensees under this chapter, designated by the department 1440 | |
| 2138 | - | or board. If the licensee, registered intern, or 1441 | |
| 2139 | - | certificateholder refuses to comply with such order, the 1442 | |
| 2140 | - | department's order directing the examination may be enforced by 1443 | |
| 2141 | - | filing a petition for enforcement in the circuit court in the 1444 | |
| 2142 | - | circuit in which the licensee, registered intern, or 1445 | |
| 2143 | - | certificateholder resides or does business. The licensee, 1446 | |
| 2144 | - | registered intern, or cert ificateholder against whom the 1447 | |
| 2145 | - | petition is filed may not be named or identified by initials in 1448 | |
| 2146 | - | any public court records or documents, and the proceedings shall 1449 | |
| 2147 | - | be closed to the public. The department shall be entitled to the 1450 | |
| 2148 | - | ||
| 2149 | - | CS/HB 99 2024 | |
| 2150 | - | ||
| 2151 | - | ||
| 2152 | - | ||
| 2153 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 2154 | - | hb0099-01-c1 | |
| 2155 | - | Page 59 of 61 | |
| 2156 | - | 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 | |
| 2157 | - | ||
| 2158 | - | ||
| 2159 | - | ||
| 2160 | - | summary procedure provided in s . 51.011. A licensee, registered 1451 | |
| 2161 | - | intern, or certificateholder affected under this paragraph shall 1452 | |
| 2162 | - | at reasonable intervals be afforded an opportunity to 1453 | |
| 2163 | - | demonstrate that he or she can resume the competent practice for 1454 | |
| 2164 | - | which he or she is licensed, registered , or certified with 1455 | |
| 2165 | - | reasonable skill and safety to patients. 1456 | |
| 2166 | - | (q) Performing any treatment or prescribing any therapy 1457 | |
| 2167 | - | which, by the prevailing standards of the mental health 1458 | |
| 2168 | - | professions in the community, would constitute experimentation 1459 | |
| 2169 | - | on human subjects, without first obtaining full, informed, and 1460 | |
| 2170 | - | written consent. 1461 | |
| 2171 | - | (r) Failing to meet the minimum standards of performance 1462 | |
| 2172 | - | in professional activities when measured against generally 1463 | |
| 2173 | - | prevailing peer performance, including the undertaking of 1464 | |
| 2174 | - | activities for which the licensee, registered intern, or 1465 | |
| 2175 | - | certificateholder is not qualified by training or experience. 1466 | |
| 2176 | - | (s) Delegating professional responsibilities to a person 1467 | |
| 2177 | - | who the licensee, registered intern, or certificateholder knows 1468 | |
| 2178 | - | or has reason to know is not qua lified by training or experience 1469 | |
| 2179 | - | to perform such responsibilities. 1470 | |
| 2180 | - | (t) Violating a rule relating to the regulation of the 1471 | |
| 2181 | - | profession or a lawful order of the department or the board 1472 | |
| 2182 | - | previously entered in a disciplinary hearing. 1473 | |
| 2183 | - | (u) Failure of the licen see, registered intern, or 1474 | |
| 2184 | - | certificateholder to maintain in confidence a communication made 1475 | |
| 2185 | - | ||
| 2186 | - | CS/HB 99 2024 | |
| 2187 | - | ||
| 2188 | - | ||
| 2189 | - | ||
| 2190 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 2191 | - | hb0099-01-c1 | |
| 2192 | - | Page 60 of 61 | |
| 2193 | - | 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 | |
| 2194 | - | ||
| 2195 | - | ||
| 2196 | - | ||
| 2197 | - | by a patient or client in the context of such services, except 1476 | |
| 2198 | - | as provided in s. 491.0147. 1477 | |
| 2199 | - | (v) Making public statements which are derived from test 1478 | |
| 2200 | - | data, client contacts, or behavioral research and which identify 1479 | |
| 2201 | - | or damage research subjects or clients. 1480 | |
| 2202 | - | (w) Violating any provision of this chapter or chapter 1481 | |
| 2203 | - | 456, or any rules adopted pursuant thereto. 1482 | |
| 2204 | - | (2) 1483 | |
| 2205 | - | (c) The board may take adverse action against a clinical 1484 | |
| 2206 | - | social worker's privilege to practice under the Social Worker 1485 | |
| 2207 | - | Licensure Interstate Compact pursuant to s. 491.022, and may 1486 | |
| 2208 | - | impose any of the penalties in s. 456.072(2) if the clinical 1487 | |
| 2209 | - | social worker commits an act specified in subsection (1) or s. 1488 | |
| 2210 | - | 456.072(1). 1489 | |
| 2211 | - | Section 8. Paragraph (j) is added subsection (10) of 1490 | |
| 2212 | - | section 768.28, Florida Statutes, to read: 1491 | |
| 2213 | - | 768.28 Waiver of sovereign immunity in tort actions; 1492 | |
| 2214 | - | recovery limits; civil liability for damages caused during a 1493 | |
| 2215 | - | riot; limitation on attorney fees; st atute of limitations; 1494 | |
| 2216 | - | exclusions; indemnification; risk management programs. — 1495 | |
| 2217 | - | (10) 1496 | |
| 2218 | - | (j) For purposes of this section, the individual appointed 1497 | |
| 2219 | - | under s. 491.004(9) as the state's delegate on the Social Work 1498 | |
| 2220 | - | Licensure Compact Commission, pursuant to s. 491 .022, and any 1499 | |
| 2221 | - | administrator, officer, executive director, employee, or 1500 | |
| 2222 | - | ||
| 2223 | - | CS/HB 99 2024 | |
| 2224 | - | ||
| 2225 | - | ||
| 2226 | - | ||
| 2227 | - | CODING: Words stricken are deletions; words underlined are additions. | |
| 2228 | - | hb0099-01-c1 | |
| 2229 | - | Page 61 of 61 | |
| 2230 | - | 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 | |
| 2231 | - | ||
| 2232 | - | ||
| 2233 | - | ||
| 2234 | - | representative of the commission, when acting within the scope 1501 | |
| 2235 | - | of his or her employment, duties, or responsibilities in this 1502 | |
| 2236 | - | state, is considered an agent of the state. The commission s hall 1503 | |
| 2237 | - | pay any claims or judgments pursuant to this section and may 1504 | |
| 2238 | - | maintain insurance coverage to pay any such claims or judgments. 1505 | |
| 2239 | - | Section 9. The Department of Health shall notify the 1506 | |
| 2240 | - | Division of Law Revision upon the enactment of the Social Work 1507 | |
| 2241 | - | Licensure Interstate Compact into law by seven states. 1508 | |
| 2242 | - | Section 10. This act shall take effect upon enactment of 1509 | |
| 2243 | - | the Social Work Licensure Interstate Compact into law by seven 1510 | |
| 2244 | - | states. 1511 | |
| 1827 | + | the member states are binding in accordance with their terms. 1226 | |
| 1828 | + | Section 2. This act shall take effect July 1, 2024. 1227 |