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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Social Work Licensure 2
Interstate Compact; creating s. 491.022, F.S.; 3
creating the Social Work Licensure Interstate Compact; 4
providing purposes, objectives, and definitions; 5
specifying requirements for state participation in the 6
compact and duties of member states; specifying that 7
the compact does not affect an individual's ability to 8
apply for, and a member state's ability to grant, a 9
single state license pursuant to the laws of that 10
state; providing for recognition of compact privile ge 11
in member states; specifying criteria a licensee must 12
meet for compact privilege; providing for the 13
expiration and renewal of compact privilege; 14
specifying that a licensee with compact privilege in a 15
remote state must adhere to the laws and rules of tha t 16
state; authorizing member states to act on a 17
licensee's compact privilege under certain 18
circumstances; specifying the consequences and 19
parameters of practice for a licensee whose compact 20
privilege has been acted on or whose home state 21
license is encumbered; specifying that a licensee may 22
hold a home state license in only one member state at 23
a time; specifying requirements and procedures for 24
changing a home state license designation; authorizing 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
active duty military personnel or their spouses to 26
keep their home state designation during active duty; 27
authorizing member states to take adverse actions 28
against licensees and issue subpoenas for hearings and 29
investigations under certain circumstances; providing 30
requirements and procedures for such adverse action; 31
authorizing member states to engage in joint 32
investigations under certain circumstances; providing 33
that a licensee's compact privilege must be 34
deactivated in all member states for the duration of 35
an encumbrance imposed by the licensee's home state; 36
providing for notice to the data system and the 37
licensee's home state of any adverse action taken 38
against a licensee; establishing the Social Work 39
Licensure Interstate Compact Commission; providing for 40
jurisdiction and venue for court proceedings; 41
providing for membership and powers of the commission; 42
specifying powers and duties of the commission's 43
executive committee; providing for the financing of 44
the commission; providing specified individuals 45
immunity from civil liability under certain 46
circumstances; providin g exceptions; requiring the 47
commission to defend the specified individuals in 48
civil actions under certain circumstances; requiring 49
the commission to indemnify and hold harmless 50
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specified individuals for any settlement or judgment 51
obtained in such actions u nder certain circumstances; 52
providing for the development of the data system, 53
reporting procedures, and the exchange of specified 54
information between member states; requiring the 55
commission to notify member states of any adverse 56
action taken against a lice nsee or applicant for 57
licensure; authorizing member states to designate as 58
confidential information provided to the data system; 59
requiring the commission to remove information from 60
the data system under certain circumstances; providing 61
rulemaking procedure s for the commission; providing 62
for member state enforcement of the compact; 63
authorizing the commission to receive notice of 64
process, and have standing to intervene, in certain 65
proceedings; rendering certain judgments and orders 66
void as to the commission, the compact, or commission 67
rules under certain circumstances; providing for 68
defaults and termination of compact membership; 69
providing procedures for the resolution of certain 70
disputes; providing for commission enforcement of the 71
compact; providing for reme dies; providing for 72
implementation of, withdrawal from, and amendment to 73
the compact; specifying that licensees practicing in a 74
remote state under the compact must adhere to the laws 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and rules of that state; specifying that the compact, 76
commission rules, and commission actions are binding 77
on member states; providing construction; providing 78
for severability; amending s. 456.073, F.S.; requiring 79
the Department of Health to report certain 80
investigative information to the data system; amending 81
s. 456.076, F.S.; requiring monitoring contracts for 82
certain impaired practitioners to contain certain 83
terms; amending s. 491.004, F.S.; requiring the Board 84
of Clinical Social Work, Marriage and Family Therapy, 85
and Mental Health Counseling to appoint an individual 86
to serve as the state's delegate on the commission; 87
amending ss. 491.005 and 491.006, F.S.; exempting 88
certain persons from licensure requirements; amending 89
s. 491.009, F.S.; authorizing certain disciplinary 90
action under the compact for specified prohibited 91
acts; amending s. 768.28, F.S.; designating the 92
state's delegate and other members or employees of the 93
commission as state agents for the purpose of applying 94
waivers of sovereign immunity; requiring the 95
commission to pay certain claims or judgments; 96
authorizing the commission to maintain insurance 97
coverage to pay such claims or judgments; requiring 98
the department to notify the Division of Law Revision 99
upon enactment of the compact into law by seven 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
states; providing a contingent effective date. 101
102
Be It Enacted by the Legislature of the state of Florida: 103
104
Section 1. Section 491.022, Florida Statutes, is created 105
to read: 106
491.022 Social Work Licensure Interstate Compact. —The 107
Social Work Licensure Interstate Compact is hereby enacted into 108
law and entered into by this state with all other states legally 109
joining therein in the form substantially as follows: 110
111
ARTICLE I 112
PURPOSE 113
114
The purpose of this compact is to facilitate interstate 115
practice of regulated social workers by improving public access 116
to competent social work services. The compact preserves the 117
regulatory authority of member states to protect public health 118
and safety through the current system of licensure. This compact 119
is designed to achieve all of the following objectives: 120
(1) Increase public access to social work services. 121
(2) Reduce overly burdensome and duplicative requirements 122
associated with holding multiple licenses. 123
(3) Enhance member states' ability to protect the public 124
health and safety. 125
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(4) Encourage the cooperation of member states in 126
regulating multistate practice. 127
(5) Promote mobility and address workforce shortages by 128
eliminating the necessity for licenses in multiple states by 129
providing for the mutual recognition of other member state 130
licenses. 131
(6) Support military families. 132
(7) Facilitate the exchange of licensure and disciplinary 133
information among member states. 134
(8) Authorize all member states to hold a regulated social 135
worker accountable for abiding by a member state's laws, 136
regulations, and applicable professional stan dards in the member 137
state in which the client is located at the time care is 138
rendered. 139
(9) Allow for the use of telehealth to facilitate 140
increased access to social work services. 141
142
ARTICLE II 143
DEFINITIONS 144
145
As used in this compact, the term: 146
(1) "Active military member" means any individual with 147
full-time duty status in the active Armed Forces of the United 148
states including members of the National Guard and Reserve. 149
(2) "Adverse action" means any administrative, civil, 150
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equitable or criminal action permi tted by a state's laws which 151
is imposed by a licensing authority or other authority against a 152
regulated social worker, including actions against an 153
individual's license or multistate authorization to practice 154
such as revocation, suspension, probation, moni toring of the 155
licensee, limitation on the licensee's practice, or any other 156
encumbrance on licensure affecting a regulated social worker's 157
authorization to practice, including issuance of a cease and 158
desist action. 159
(3) "Alternative program" means a nondi sciplinary 160
monitoring or practice remediation process approved by a 161
licensing authority to address practitioners with an impairment. 162
(4) "Charter member states" means member states that have 163
enacted legislation to adopt this compact where such legislatio n 164
predates the effective date of this compact as described in 165
Article XIV. 166
(5) "Commission" means the government agency whose 167
membership consists of all states that have enacted this 168
compact, which is known as the Social Work Licensure Interstate 169
Compact commission, as described in Article X, and which shall 170
operate as an instrumentality of the member states. 171
(6) "Current significant investigative information" means: 172
(a) Investigative information that a licensing authority, 173
after a preliminary inquiry that includes notification and an 174
opportunity for the regulated social worker to respond, has 175
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reason to believe is not groundless and, if proved true, would 176
indicate more than a minor infraction as may be defined by the 177
commission; or 178
(b) Investigative information that indicates that the 179
regulated social worker represents an immediate threat to public 180
health and safety, as may be defined by the commission, 181
regardless of whether the regulated social worker has been 182
notified and has had an opportunity to r espond. 183
(7) "Data system" means a repository of information about 184
licensees, including continuing education, examination, 185
licensure, current significant investigative information, 186
disqualifying events, multistate licenses, and adverse action 187
information or other information as required by the commission. 188
(8) "Disqualifying event" means any adverse action or 189
incident which results in an encumbrance that disqualifies or 190
makes the licensee ineligible to obtain, retain, or renew a 191
multistate license. 192
(9) "Domicile" means the jurisdiction in which the 193
licensee resides and intends to remain indefinitely. 194
(10) "Encumbrance" means a revocation or suspension of, or 195
any limitation on, the full and unrestricted practice of social 196
work licensed and regulated by an authority. 197
(11) "Executive committee" means a group of delegates 198
elected or appointed to act on behalf of, and within the powers 199
granted to them by, the compact and commission. 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(12) "Home state" means the member state that is the 201
licensee's primary domicile. 202
(13) "Impairment" means a condition that may impair a 203
practitioner's ability to engage in full and unrestricted 204
practice as a regulated social worker without some type of 205
intervention and may include alcohol and drug dependence, mental 206
health impairment, and neurological or physical impairments. 207
(14) "Licensee" means an individual who currently holds a 208
license from a state to practice as a regulated social worker. 209
(15) "Licensing authority" means the board or agency of a 210
member state, or an equivalent, that is responsible for the 211
licensing and regulation of regulated social workers. 212
(16) "Member state" means a state, commonwealth, district, 213
or territory of the United States of America that has enacted 214
this compact. 215
(17) "Multistate author ization to practice" means a 216
legally authorized privilege to practice, which is equivalent to 217
a license, associated with a multistate license permitting the 218
practice of social work in a remote state. 219
(18) "Multistate license" means a license to practice as a 220
regulated social worker issued by a home state licensing 221
authority that authorizes the regulated social worker to 222
practice in all member states under multistate authorization to 223
practice. 224
(19) "Qualifying National Exam" means a national licensing 225
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examination approved by the commission. 226
(20) "Regulated social worker" means any clinical, 227
master's, or bachelor's social worker licensed by a member state 228
regardless of the title used by that member state. 229
(21) "Remote state" means a member state other than the 230
licensee's home state. 231
(22) "Rules" or "rules of the commission" means a 232
regulation or regulations duly adopted by the commission, as 233
authorized by the compact, that has the force of law. 234
(23) "Single state license" means a social work license 235
issued by any state that authorizes practice only within the 236
issuing state and does not include multistate authorization to 237
practice in any member state. 238
(24) "Social work" or "social work services" means the 239
application of social work theory, knowledge, methods, ethics, 240
and the professional use of self to restore or enhance social, 241
psychosocial, or biopsychosocial functioning of individuals, 242
couples, families, groups, organizations, and communities 243
through the care and services provided by a re gulated social 244
worker as set forth in the member state's statutes and 245
regulations in the state where the services are being provided. 246
(25) "State" means any state, commonwealth, district, or 247
territory of the United States of America that regulates the 248
practice of social work. 249
(26) "Unencumbered license" means a license that 250
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authorizes a regulated social worker to engage in the full and 251
unrestricted practice of social work. 252
253
ARTICLE III 254
STATE PARTICIPATION IN THE COMPACT 255
256
(1) To be eligible to particip ate in the compact, a 257
potential member state must currently meet all of the following 258
criteria: 259
(a) License and regulate the practice of social work at 260
the clinical, master's, or bachelor's category. 261
(b) Require applicants for licensure to graduate fro m a 262
program that is: 263
1. Operated by a college or university recognized by a 264
licensing authority; 265
2. Accredited, or in candidacy by an institution that 266
subsequently becomes accredited, by an accrediting agency 267
recognized by either: 268
a. The Council for Higher Education Accreditation or its 269
successor; or 270
b. The United States Department of Education; and 271
3. Corresponds to the licensure sought as outlined in 272
Article IV. 273
(c) Require applicants for clinical licensure to complete 274
a period of supervised p ractice. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) Have a mechanism in place for receiving, 276
investigating, and adjudicating complaints about licensees. 277
(2) To maintain membership in the compact, a member state 278
shall: 279
(a) Require that applicants for a multistate license pass 280
a Qualifying National Exam for the corresponding category of 281
multistate license sought as outlined in Article IV. 282
(b) Participate fully in the commission's data system, 283
including using the commission's unique identifier as defined in 284
rules. 285
(c) Notify the commissio n, in compliance with the terms of 286
the compact and rules, of any adverse action or the availability 287
of current significant investigative information regarding a 288
licensee. 289
(d) Implement procedures for considering the criminal 290
history records of applicants for a multistate license. Such 291
procedures shall include the submission of fingerprints or other 292
biometric-based information by applicants for the purpose of 293
obtaining an applicant's criminal history record information 294
from the Federal Bureau of Investigat ion and the agency 295
responsible for retaining that state's criminal records. 296
(e) Comply with the rules of the commission. 297
(f) Require an applicant to obtain or retain a license in 298
the home state and meet the home state's qualifications for 299
licensure or renewal of licensure, as well as all other 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicable home state laws. 301
(g) Authorize a licensee holding a multistate licen se in 302
any member state to practice in accordance with the terms of the 303
compact and rules of the commission. 304
(h) Designate a delegate to participate in the commission 305
meetings. 306
(3) A member state meeting the requirements under 307
subsections (1) and (2) sh all designate the categories of social 308
work licensure that are eligible for issuance of a multistate 309
license for applicants in such member state. To the extent that 310
any member state does not meet the requirements for 311
participation in the compact at any par ticular category of 312
social work licensure, such member state may choose, but is not 313
obligated to, issue a multistate license to applicants that 314
otherwise meet the requirements of Article IV for issuance of a 315
multistate license in such category or categorie s of licensure. 316
(4) The home state may charge a fee for granting the 317
multistate license. 318
319
ARTICLE IV 320
SOCIAL WORKER PARTICIPATION IN THE COMPACT 321
322
(1) To be eligible for a multistate license under this 323
compact, an applicant, regardless of category, must meet all of 324
the following requirements: 325
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(a) Hold or be eligible for an active, unencumbered 326
license in the home state. 327
(b) Pay any applicable fees, including any member state 328
fee, for the multistate license. 329
(c) Submit, in connection with an applicat ion for a 330
multistate license, fingerprints or other biometric data for the 331
purpose of obtaining criminal history record information from 332
the Federal Bureau of Investigation and the agency responsible 333
for retaining that state's criminal records. 334
(d) Notify the home state of any adverse action, 335
encumbrance, or restriction on any professional license taken by 336
any member state or nonmember state within 30 days after the 337
date the action is taken. 338
(e) Meet any continuing competence requirements 339
established by the home state. 340
(f) Abide by the laws, regulations, and applicable 341
standards in the member state where the client is located at the 342
time care is rendered. 343
(2) An applicant for a clinical -category multistate 344
license must meet all of the following requi rements: 345
(a) Fulfill a competency requirement, which shall be 346
satisfied by: 347
1. Passage of a clinical -category Qualifying National 348
Exam; 349
2. Licensure of the applicant in their home state at the 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
clinical category, beginning before such time as a Qualif ying 351
National Exam was required by the home state and accompanied by 352
a period of continuous social work licensure thereafter, all of 353
which may be further governed by the rules of the commission; or 354
3. The substantial equivalency of the foregoing competen cy 355
requirements which the commission may determine by rule. 356
(b) Attain at least a master's degree in social work from 357
a program that is: 358
1. Operated by a college or university recognized by a 359
licensing authority. 360
2. Accredited, or in candidacy that s ubsequently becomes 361
accredited, by an accrediting agency recognized by either: 362
a. The Council for Higher Education Accreditation or its 363
successor; or 364
b. The United States Department of Education. 365
(c) Fulfill a practice requirement, which shall be 366
satisfied by demonstrating completion of: 367
1. A period of postgraduate supervised clinical practice 368
equal to a minimum of 3,000 hours; 369
2. A minimum of 2 years of full -time postgraduate 370
supervised clinical practice; or 371
3. The substantial equivalency of the foregoing practice 372
requirements which the commission may determine by rule. 373
(3) An applicant for a master's -category multistate 374
license must meet all of the following requirements: 375
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(a) Fulfill a competency requirement, which shall be 376
satisfied by: 377
1. Passage of a masters -category Qualifying National Exam; 378
2. Licensure of the applicant in their home state at the 379
master's category, beginning before such time as a Qualifying 380
National Exam was required by the home state at the master's 381
category and accompanied by a continuous period of social work 382
licensure thereafter, all of which may be further governed by 383
the rules of the commission; or 384
3. The substantial equivalency of the foregoing competency 385
requirements which the commission may determine by rule. 386
(b) Attain at least a master's degree in social work from 387
a program that is: 388
1. Operated by a college or university recognized by a 389
licensing authority. 390
2. Accredited, or in candidacy by an institution that 391
subsequently becomes accredited, by a n accrediting agency 392
recognized by either: 393
a. The Council for Higher Education Accreditation or its 394
successor; or 395
b. The United States Department of Education. 396
(4) An applicant for a bachelor's -category multistate 397
license must meet all of the followi ng requirements: 398
(a) Fulfill a competency requirement, which shall be 399
satisfied by: 400
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1. Passage of a bachelor's -category Qualifying National 401
Exam; 402
2. Licensure of the applicant in his or her home state at 403
the bachelor's category, beginning before such time as a 404
Qualifying National Exam was required by the home state and 405
accompanied by a period of continuous social work licensure 406
thereafter, all of which may be further governed by the rules of 407
the commission; or 408
3. The substantial equivalency of the f oregoing competency 409
requirements which the commission may determine by rule. 410
(b) Attain at least a bachelor's degree in social work 411
from a program that is: 412
1. Operated by a college or university recognized by the 413
licensing authority. 414
2. Accredited, or in candidacy that subsequently becomes 415
accredited, by an accrediting agency recognized by either: 416
a. The Council for Higher Education Accreditation or its 417
successor; or 418
b. The United States Department of Education. 419
(5) The multistate license for a regulated social worker 420
is subject to the renewal requirements of the home state. The 421
regulated social worker must maintain compliance with the 422
requirements of subsection (1) to be eligible to renew a 423
multistate license. 424
(6) The regulated social worker's services in a remote 425
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state are subject to that member state's regulatory authority. A 426
remote state may, in accordance with due process and that member 427
state's laws, remove a regulated social worker's multistate 428
authorization to practice in the remote stat e for a specific 429
period of time, impose fines, and take any other necessary 430
actions to protect the health and safety of its citizens. 431
(7) If a multistate license is encumbered, the regulated 432
social worker's multistate authorization to practice shall be 433
deactivated in all remote states until the multistate license is 434
no longer encumbered. 435
(8) If a multistate authorization to practice is 436
encumbered in a remote state, the regulated social worker's 437
multistate authorization to practice may be deactivated in that 438
state until the multistate authorization to practice is no 439
longer encumbered. 440
441
ARTICLE V 442
ISSUANCE OF A MULTISTATE LICENSE 443
444
(1) Upon receipt of an application for multistate license, 445
the home state licensing authority shall determine the 446
applicant's eligibility for a multistate license in accordance 447
with Article IV. 448
(2) If such applicant is eligible pursuant to Article IV, 449
the home state licensing authority shall issue a multistate 450
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license that authorizes the applicant or regulated social worker 451
to practice in all member states under a multistate 452
authorization to practice. 453
(3) Upon issuance of a multistate license, the home state 454
licensing authority shall designate whether the regulated social 455
worker holds a multistate license in the bachelor's, ma ster's, 456
or clinical category of social work. 457
(4) A multistate license issued by a home state to a 458
resident in that state shall be recognized by all compact member 459
states as authorizing social work practice under a multistate 460
authorization to practice cor responding to each category of 461
licensure regulated in each member state. 462
463
ARTICLE VI 464
AUTHORITY OF INTERSTATE COMPACT COMMISSION 465
AND MEMBER STATE LICENSING AUTHORITIES 466
467
(1) This compact, or any rule of the commission, does not 468
limit, restrict, or in any way reduce the ability of a member 469
state to: 470
(a) Enact and enforce laws, regulations, or other rules 471
related to the practice of social work in that state when those 472
laws, regulations, or other rules are not inconsistent with the 473
provisions of this compac t. 474
(b) Take adverse action against a licensee's single state 475
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license to practice social work in that state. 476
(c) Take adverse action against a licensee's multistate 477
authorization to practice in that state. 478
(2) This compact, or any rule of the commissi on, does not 479
limit, restrict, or in any way reduce the ability of a 480
licensee's home state to take adverse action against a 481
licensee's multistate license based upon information provided by 482
a remote state. 483
(3) This compact does not affect the requirements 484
established by a member state for the issuance of a single state 485
license. 486
487
ARTICLE VII 488
REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE 489
490
(1) A licensee can hold a multistate license, issued by 491
his or her home state, in only one member state at any given 492
time. 493
(2) If a licensee changes his or her home state by moving 494
between two member states: 495
(a) The licensee shall immediately apply for the 496
reissuance of his or her multistate license in his or her new 497
home state. The licensee shall pay all appli cable fees and 498
notify the prior home state in accordance with the rules of the 499
commission. 500
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(b) Upon receipt of an application to reissue a multistate 501
license, the new home state shall verify that the multistate 502
license is active, unencumbered, and eligib le for reissuance 503
under the terms of the compact and the rules of the commission. 504
The multistate license issued by the prior home state will be 505
deactivated and all member states notified in accordance with 506
the applicable rules adopted by the commission. 507
(c) Before the reissuance of the multistate license, the 508
new home state shall conduct procedures for considering the 509
criminal history records of the licensee. Such procedures shall 510
include the submission of fingerprints or other biometric -based 511
information by applicants for the purpose of obtaining an 512
applicant's criminal history record information from the Federal 513
Bureau of Investigation and the agency responsible for retaining 514
that state's criminal records. 515
(d) If required for initial licensure, the new home state 516
may require completion of jurisprudence requirements in the new 517
home state. 518
(e) Notwithstanding any other provision of this compact, 519
if a licensee does not meet the requirements set forth in this 520
compact for the reissuance of a multistate license by the new 521
home state, then the licensee shall be subject to the new home 522
state requirements for the issuance of a single state license in 523
that state. 524
(3) If a licensee changes his or her primary state of 525
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residence by moving from a member state t o a nonmember state, or 526
from a nonmember state to a member state, then the licensee 527
shall be subject to the state requirements for the issuance of a 528
single state license in the new home state. 529
(4) This compact does not interfere with a licensee's 530
ability to hold a single state license in multiple states; 531
however, for the purposes of this compact, a licensee shall have 532
only one home state, and only one multistate license. 533
(5) This compact does not interfere with the requirements 534
established by a member s tate for the issuance of a single state 535
license. 536
537
ARTICLE VIII 538
MILITARY FAMILIES 539
540
An active military member or his or her spouse shall 541
designate a home state where the individual has a multistate 542
license. The individual may retain his or her home state 543
designation during the period the servicemember is on active 544
duty. 545
546
ARTICLE IX 547
ADVERSE ACTIONS 548
549
(1) In addition to the other powers conferred by general 550
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
law, a remote state shall have the authority, in accordance with 551
existing state due process law, to: 552
(a) Take adverse action against a regulated social 553
worker's multistate authorization to practice only within that 554
member state, and issue subpoenas for both hearings and 555
investigations that require the attendance and testimony of 556
witnesses as well as the p roduction of evidence. Subpoenas 557
issued by a licensing authority in a member state for the 558
attendance and testimony of witnesses or the production of 559
evidence from another member state shall be enforced in the 560
latter state by any court of competent jurisdi ction, according 561
to the practice and procedure of that court applicable to 562
subpoenas issued in proceedings pending before it. The issuing 563
licensing authority shall pay any witness fees, travel expenses, 564
mileage, and other fees required by the service statu tes of the 565
state in which the witnesses or evidence are located. 566
(b) Only the home state shall have the power to take 567
adverse action against a regulated social worker's multistate 568
license. 569
(2) For purposes of taking adverse action, the home state 570
shall give the same priority and effect to reported conduct 571
received from a member state as it would if the conduct had 572
occurred within the home state. In so doing, the home state 573
shall apply its own state laws to determine appropriate action. 574
(3) The home state shall complete any pending 575
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investigations of a regulated social worker who changes his or 576
her home state during the course of the investigations. The home 577
state shall also have the authority to take appropriate actions 578
and shall promptly report the con clusions of the investigations 579
to the administrator of the data system. The administrator of 580
the data system shall promptly notify the new home state of any 581
adverse actions. 582
(4) A member state, if otherwise permitted by state law, 583
may recover from the af fected regulated social worker the costs 584
of investigations and dispositions of cases resulting from any 585
adverse action taken against that regulated social worker. 586
(5) A member state may take adverse action based on the 587
factual findings of another member state, provided that the 588
member state follows its own procedures for taking the adverse 589
action. 590
(6)(a) In addition to the authority granted to a member 591
state by its respective social work practice act or other 592
applicable state law, any member state may p articipate with 593
other member states in joint investigations of licensees. 594
(b) Member states shall share any investigative, 595
litigation, or compliance materials in furtherance of any joint 596
or individual investigation initiated under the compact. 597
(7) If adverse action is taken by the home state against 598
the multistate license of a regulated social worker, the 599
regulated social worker's multistate authorization to practice 600
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in all other member states shall be deactivated until all 601
encumbrances have been remove d from the multistate license. All 602
home state disciplinary orders that impose adverse action 603
against the license of a regulated social worker shall include a 604
statement that the regulated social worker's multistate 605
authorization to practice is deactivated i n all member states 606
until all conditions of the decision, order, or agreement are 607
satisfied. 608
(8) If a member state takes adverse action, it shall 609
promptly notify the administrator of the data system. The 610
administrator of the data system shall promptly no tify the home 611
state and all other member states of any adverse actions by 612
remote states. 613
(9) This compact does not override a member state's 614
decision that participation in an alternative program may be 615
used in lieu of adverse action. 616
(10) This compact does not authorize a member state to 617
demand the issuance of subpoenas for attendance and testimony of 618
witnesses or the production of evidence from another member 619
state for lawful actions within that member state. 620
(11) This compact does not authorize a me mber state to 621
impose discipline against a regulated social worker who holds a 622
multistate authorization to practice for lawful actions within 623
another member state. 624
625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ARTICLE X 626
ESTABLISHMENT OF SOCIAL WORK LICENSURE 627
INTERSTATE COMPACT COMMISSION 628
629
(1) The compact member states hereby create and establish 630
a joint government agency whose membership consists of all 631
member states that have enacted the compact known as the Social 632
Work Licensure Interstate Compact Commission. The commission is 633
an instrumentality of the compact states acting jointly and not 634
an instrumentality of any one state. The commission shall come 635
into existence on or after the effective date of the compact as 636
set forth in Article XIV. 637
(2)(a) Each member state shall have and be limited to on e 638
delegate appointed by that member state's licensing authority. 639
The delegate shall be either: 640
1. A current member of the licensing authority at the time 641
of appointment who is a regulated social worker or public member 642
of the state licensing authority; o r 643
2. An administrator of the licensing authority or his or 644
her designee. 645
(b) The commission shall by rule or bylaw establish a term 646
of office for delegates and may by rule or bylaw establish term 647
limits. 648
(c) The commission may recommend removal or su spension of 649
any delegate from office. 650
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(d) A member state's licensing authority shall fill any 651
vacancy of its delegate occurring on the commission within 60 652
days after the vacancy. 653
(e) Each delegate shall be entitled to one vote on all 654
matters before the commission requiring a vote by commission 655
delegates. 656
(f) A delegate shall vote in person or by such other means 657
as provided in the bylaws. The bylaws may provide for delegates 658
to meet by telecommunication, videoconference, or other means of 659
communication. 660
(g) The commission shall meet at least once during each 661
calendar year. Additional meetings may be held as set forth in 662
the bylaws. The commission may meet by telecommunication, video 663
conference, or other similar electronic means. 664
(3) The commission shall have the following powers: 665
(a) Establish the fiscal year of the commission. 666
(b) Establish code of conduct and conflict of interest 667
policies. 668
(c) Establish and amend rules and bylaws. 669
(d) Maintain its financial records in accordance with the 670
bylaws. 671
(e) Meet and take such actions as are consistent with the 672
provisions of this compact, the commission's rules, and the 673
bylaws. 674
(f) Initiate and conclude legal proceedings or actions in 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the name of the commission, provided that the standing of an y 676
licensing authority to sue or be sued under applicable law may 677
not be affected. 678
(g) Maintain and certify records and information provided 679
to a member state as the authenticated business records of the 680
commission, and designate an agent to do so on the commission's 681
behalf. 682
(h) Purchase and maintain insurance and bonds. 683
(i) Borrow, accept, or contract for services of personnel, 684
including, but not limited to, employees of a member state. 685
(j) Conduct an annual financial review. 686
(k) Hire employees, elect or appoint officers, fix 687
compensation, define duties, grant such individuals appropriate 688
authority to carry out the purposes of the compact, and 689
establish the commission's personnel policies and programs 690
relating to conflicts of interest, qualificati ons of personnel, 691
and other related personnel matters. 692
(l) Assess and collect fees. 693
(m) Accept any and all appropriate gifts, donations, 694
grants of money, other sources of revenue, equipment, supplies, 695
materials, and services, and receive, utilize, and dispose of 696
the same; provided that at all times the commission shall avoid 697
any appearance of impropriety or conflict of interest. 698
(n) Lease, purchase, retain, own, hold, improve, or use 699
any property, real, personal, or mixed, or any undivided 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
interest therein. 701
(o) Sell, convey, mortgage, pledge, lease, exchange, 702
abandon, or otherwise dispose of any property real, personal, or 703
mixed. 704
(p) Establish a budget and make expenditures. 705
(q) Borrow money. 706
(r) Appoint committees, including standing committ ees, 707
composed of members, state regulators, state legislators or 708
their representatives, and consumer representatives, and such 709
other interested persons as may be designated in this compact 710
and the bylaws. 711
(s) Provide and receive information from, and coo perate 712
with, law enforcement agencies. 713
(t) Establish and elect an executive committee, including 714
a chair and a vice chair. 715
(u) Determine whether a state's adopted language is 716
materially different from the model compact language such that 717
the state would not qualify for participation in the compact. 718
(v) Perform such other functions as may be necessary or 719
appropriate to achieve the purposes of this compact. 720
(4)(a) The executive committee shall have the power to act 721
on behalf of the commission accordin g to the terms of this 722
compact. The powers, duties, and responsibilities of the 723
executive committee shall include: 724
1. Oversee the day-to-day activities of the administration 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the compact, including enforcement and compliance with the 726
provisions of the compact, its rules and bylaws, and other such 727
duties as deemed necessary. 728
2. Recommend to the commission changes to the rules or 729
bylaws, changes to this compact legislation, fees charged to 730
compact member states, fees charged to licensees, and other 731
fees. 732
3. Ensure compact administration services are 733
appropriately provided, including by contract. 734
4. Prepare and recommend the budget. 735
5. Maintain financial records on behalf of the commission. 736
6. Monitor compact compliance of member states and provid e 737
compliance reports to the commission. 738
7. Establish additional committees as necessary. 739
8. Exercise the powers and duties of the commission during 740
the interim between commission meetings, except for adopting or 741
amending rules, adopting or amending byl aws, and exercising any 742
other powers and duties expressly reserved to the commission by 743
rule or bylaw. 744
9. Other duties as provided in the rules or bylaws of the 745
commission. 746
(b) The executive committee shall be composed of up to 11 747
members: 748
1. The chair and vice chair of the commission shall be 749
voting members of the executive committee. 750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. The commission shall elect five voting members from the 751
current membership of the commission. 752
3. Up to four ex-officio, nonvoting members from four 753
recognized national social work organizations, selected by their 754
respective organizations. 755
(c) The commission may remove any member of the executive 756
committee as provided in the commission's bylaws. 757
(d) The executive committee shall meet at least annually. 758
1. Executive committee meetings shall be open to the 759
public, except that the executive committee may meet in a 760
closed, nonpublic meeting as provided in subsection (6). 761
2. The executive committee shall give 7 days' notice of 762
its meetings, posted on its website and as determined to provide 763
notice to persons with an interest in the business of the 764
commission. 765
3. The executive committee may hold a special meeting in 766
accordance with subsection (6). 767
(5) The commission shall adopt and provide to the member 768
states an annual report. 769
(6) All meetings shall be open to the public, except that 770
the commission may meet in a closed, nonpublic meeting as 771
provided in s. 491.023. 772
(a) Public notice for all meetings of the full commission 773
of meetings shall be given in the same manner as required under 774
the rulemaking provisions in Article XII, except that the 775
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
commission may hold a special meeting as provided in paragraph 776
(b). 777
(b) The commission may hold a special meeting when it must 778
meet to conduct emergency business by giving 48 hours' notice to 779
all commissioners, on the commission's website, and by other 780
means as provided in the commission's rules. The commission's 781
legal counsel shall certify that the commission's need to meet 782
qualifies as an emergency. 783
(c) If a meeting, or portion of a meeting, is closed, the 784
presiding officer shall state that the meeting will be closed 785
and reference each relevant exempting provision, and such 786
reference shall be recorded in the minutes. 787
(d) The commission shall keep minutes that fully and 788
clearly describe all matters discussed in a meeting and shall 789
provide a full and accurate summary of actions taken, and the 790
reasons therefore, including a de scription of the views 791
expressed. All documents considered in connection with an action 792
shall be identified in such minutes. All minutes and documents 793
of a closed meeting shall remain under seal, subject to release 794
only by a majority vote of the commission or order of a court of 795
competent jurisdiction. 796
(7)(a) The commission shall pay, or provide for the 797
payment of, the reasonable expenses of its establishment, 798
organization, and ongoing activities. 799
(b) The commission may accept any and all appropriate 800
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
revenue sources as provided in paragraph (3)(m). 801
(c) The commission may levy on and collect an annual 802
assessment from each member state and impose fees on licensees 803
of member states to whom it grants a multistate license to cover 804
the cost of the operations and activities of the commission and 805
its staff, which must be in a total amount sufficient to cover 806
its annual budget as approved each year for which revenue is not 807
provided by other sources. The aggregate annual assessment 808
amount for member states shall be allocated based upon a formula 809
that the commission shall adopt by rule. 810
(d) The commission may not incur obligations of any kind 811
prior to securing the funds adequate to meet the same; nor shall 812
the commission pledge the credit of any of the member sta tes, 813
except by and with the authority of the member state. 814
(e) The commission shall keep accurate accounts of all 815
receipts and disbursements. The receipts and disbursements of 816
the commission shall be subject to the financial review and 817
accounting procedures established under its bylaws. However, all 818
receipts and disbursements of funds handled by the commission 819
shall be subject to an annual financial review by a certified or 820
licensed public accountant, and the report of the financial 821
review shall be includ ed in and become part of the annual report 822
of the commission. 823
(8)(a) The members, officers, executive director, 824
employees, and representatives of the commission shall be immune 825
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
from suit and liability, both personally and in their official 826
capacity, for any claim for damage to or loss of property or 827
personal injury or other civil liability caused by or arising 828
out of any actual or alleged act, error, or omission that 829
occurred, or that the person against whom the claim is made had 830
a reasonable basis for be lieving occurred within the scope of 831
commission employment, duties, or responsibilities; provided 832
that this paragraph does not protect any such person from suit 833
or liability for any damage, loss, injury, or liability caused 834
by the intentional or willful or wanton misconduct of that 835
person. The procurement of insurance of any type by the 836
commission may not in any way compromise or limit the immunity 837
granted hereunder. 838
(b) The commission shall defend any member, officer, 839
executive director, employee, and re presentative of the 840
commission in any civil action seeking to impose liability 841
arising out of any actual or alleged act, error, or omission 842
that occurred within the scope of commission employment, duties, 843
or responsibilities, or as determined by the commis sion that the 844
person against whom the claim is made had a reasonable basis for 845
believing occurred within the scope of commission employment, 846
duties, or responsibilities; provided that nothing herein shall 847
be construed to prohibit that person from retaining his or her 848
own counsel at his or her own expense; and provided further that 849
the actual or alleged act, error, or omission did not result 850
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
from that person's intentional or willful or wanton misconduct. 851
(c) The commission shall indemnify and hold harmless any 852
member, officer, executive director, employee, and 853
representative of the commission for the amount of any 854
settlement or judgment obtained against that person arising out 855
of any actual or alleged act, error, or omission that occurred 856
within the scope of commission employment, duties, or 857
responsibilities, or that such person had a reasonable basis for 858
believing occurred within the scope of commission employment, 859
duties, or responsibilities, provided that the actual or alleged 860
act, error, or omission did not result from the intentional or 861
willful or wanton misconduct of that person. 862
(d) Nothing herein shall be construed as a limitation on 863
the liability of any licensee for professional malpractice or 864
misconduct, which shall be governed solely by any other 865
applicable state laws. 866
(e) This compact may not be interpreted to waive or 867
otherwise abrogate a member state's state action immunity or 868
state action affirmative defense with respect to antitrust 869
claims under the Sherman Antitrust Act, Clayton Antitrust Act of 870
1914, or any other state or federal antitrust or anticompetitive 871
law or regulation. 872
(f) This compact may not be construed to be a waiver of 873
sovereign immunity by the member states or by the commission. 874
875
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ARTICLE XI 876
DATA SYSTEM 877
878
(1) The commission shall provide for the development, 879
maintenance, operation, and utilization of a coordinated data 880
system. 881
(2) The commission shall assign each applicant for a 882
multistate license a unique identifier, as determined by the 883
rules of the commission. 884
(3) Notwithstanding any other provision of state law to 885
the contrary, a member state shall submit a uniform data set to 886
the data system on all individuals to whom this compact is 887
applicable as required by the rules of the commission, 888
including: 889
(a) Identifying information. 890
(b) Licensure data. 891
(c) Adverse actions against a license and information 892
related thereto. 893
(d) Nonconfidential information related to alternative 894
program participation, the beginning and ending dates of such 895
participation, and other info rmation related to such 896
participation not made confidential under member state law. 897
(e) Any denial of application for licensure, and the 898
reason for such denial. 899
(f) The presence of current significant investigative 900
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information. 901
(g) Other information that may facilitate the 902
administration of this compact or the protection of the public, 903
as determined by the rules of the commission. 904
(4) The records and information provided to a member state 905
pursuant to this compact or through the data system, when 906
certified by the commission or an agent thereof, shall 907
constitute the authenticated business records of the commission, 908
and shall be entitled to any associated hearsay exception in any 909
relevant judicial, quasi -judicial, or administrative proceedings 910
in a member state. 911
(5)(a) Current significant investigative information 912
pertaining to a licensee in any member state will only be 913
available to other member states. 914
(b) It is the responsibility of the member states to 915
report any adverse action against a licensee and to monitor the 916
database to determine whether adverse action has been taken 917
against a licensee. Adverse action information pertaining to a 918
licensee in any member state will be available to any other 919
member state. 920
(6) Member states contributing inform ation to the data 921
system may designate information that may not be shared with the 922
public without the express permission of the contributing state. 923
(7) Any information submitted to the data system that is 924
subsequently expunged pursuant to federal law or the laws of the 925
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
member state contributing the information shall be removed from 926
the data system. 927
928
ARTICLE XII 929
RULEMAKING 930
931
(1) The commission shall adopt reasonable rules in order 932
to effectively and efficiently implement and administer the 933
purposes and provisions of the compact. A rule shall be invalid 934
and have no force or effect only if a court of competent 935
jurisdiction holds that the rule is invalid because the 936
commission exercised its rulemaking authority in a manner that 937
is beyond the scope and purpose s of the compact, or the powers 938
granted hereunder, or based upon another applicable standard of 939
review. 940
(2) The rules of the commission shall have the force of 941
law in each member state, provided, however, that if the rules 942
of the commission conflict with the laws of the member state 943
that establish the member state's laws, regulations, and 944
applicable standards that govern the practice of social work as 945
held by a court of competent jurisdiction, the rules of the 946
commission shall be ineffective in that state to the extent of 947
the conflict. 948
(3) The commission shall exercise its rulemaking powers 949
pursuant to the criteria set forth in this section and the rules 950
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adopted thereunder. Rules shall become binding on the day 951
following adoption or the date specified in the rule or 952
amendment, whichever is later. 953
(4) If a majority of the legislatures of the member states 954
rejects a rule or portion of a rule, by enactment of a statute 955
or resolution in the same manner used to adopt the compact 956
within 4 years after the date of adoption of the rule, then such 957
rule shall have no further force and effect in any member state. 958
(5) Rules shall be adopted at a regular or special meeting 959
of the commission. 960
(6) Before adoption of a proposed rule, the commission 961
shall hold a public hearing and allow persons to provide oral 962
and written comments, data, facts, opinions, and arguments. 963
(7) Before adoption of a proposed rule by the commission, 964
and at least 30 days in advance of the meeting at which the 965
commission will hold a public he aring on the proposed rule, the 966
commission shall provide a notice of proposed rulemaking: 967
(a) On the website of the commission or other publicly 968
accessible platform. 969
(b) To persons who have requested notice of the 970
commission's notices of proposed rulem aking. 971
(c) In such other way as the commission may by rule 972
specify. 973
(8) The notice of proposed rulemaking shall include: 974
(a) The time, date, and location of the public hearing at 975
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which the commission will hear public comments on the proposed 976
rule and, if different, the time, date, and location of the 977
meeting where the commission will consider and vote on the 978
proposed rule. 979
(b) If the hearing is held via telecommunication, video 980
conference, or other electronic means, the commission shall 981
include the mechanism for access to the hearing in the notice of 982
proposed rulemaking. 983
(c) The text of the proposed rule and the reason therefor. 984
(d) A request for comments on the proposed rule from any 985
interested person. 986
(e) The manner in which interested person s may submit 987
written comments. 988
(9) All hearings will be recorded. A copy of the recording 989
and all written comments and documents received by the 990
commission in response to the proposed rule shall be available 991
to the public. 992
(10) This section does not require a separate hearing on 993
each rule. Rules may be grouped for the convenience of the 994
commission at hearings required by this section. 995
(11) The commission shall, by majority vote of all 996
members, take final action on the proposed rule based on the 997
rulemaking record and the full text of the rule. 998
(a) The commission may adopt changes to the proposed rule 999
provided the changes do not enlarge the original purpose of the 1000
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proposed rule. 1001
(b) The commission shall provide an explanation of the 1002
reasons for substantive changes made to the proposed rule as 1003
well as reasons for substantive changes not made that were 1004
recommended by commenters. 1005
(c) The commission shall determine a reasonable effective 1006
date for the rule. Except for an emergency as provided in 1007
subsection (12), the effective date of the rule shall be no 1008
sooner than 30 days after issuing the notice that it adopted or 1009
amended the rule. 1010
(12) Upon determination that an emergency exists, the 1011
commission may consider and adopt an emergency rule with 48 1012
hours' notice, with opportunity to comment, provided that the 1013
usual rulemaking procedures provided in the compact and in this 1014
section shall be retroactively applied to the rule as soon as 1015
reasonably possible, but in no event later than 90 days after 1016
the effective date of the rule. For the purposes of this 1017
subsection, an emergency rule is one that must be adopted 1018
immediately in order to: 1019
(a) Meet an imminent threat to public health, safety, or 1020
welfare; 1021
(b) Prevent a loss of commission or member state funds; 1022
(c) Meet a deadline for the adoption of a rule that is 1023
established by federal law or rule; or 1024
(d) Protect public health and safety. 1025
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(13) The commission or an authorized committee of the 1026
commission may direct revisions to a previously adopted rule for 1027
purposes of correcting typographical errors, errors in format, 1028
errors in consistency, or grammatical errors. Public notice of 1029
any revisions shall be posted on the website of the commission. 1030
The revision shall be subject to challenge by any person for a 1031
period of 30 days after posting. The revision may be challenged 1032
only on grounds that the revision results in a material change 1033
to a rule. A challenge shall be made in writing and delivered to 1034
the commission prior to the end of the notice period. If no 1035
challenge is made, the revision will take effect without further 1036
action. If the revision is challenged, the revision may not take 1037
effect without the approval of the commission. 1038
(14) No member state's rulemaking requirements shall apply 1039
under this compact. 1040
1041
ARTICLE XIII 1042
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 1043
1044
(1)(a) The executive and judicial branches of state 1045
government in each member state shall enforce this compact and 1046
take all actions necessary and appropriate to implement the 1047
compact. 1048
(b) Except as otherwise provided in this compact, venue is 1049
proper and judicial proceedings by or against the commission 1050
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shall be brought solely and exclusively in a court of competent 1051
jurisdiction where the principal office of the commission is 1052
located. The commissi on may waive venue and jurisdictional 1053
defenses to the extent it adopts or consents to participate in 1054
alternative dispute resolution proceedings. Nothing herein shall 1055
affect or limit the selection or propriety of venue in any 1056
action against a licensee for p rofessional malpractice, 1057
misconduct, or any such similar matter. 1058
(c) The commission shall be entitled to receive service of 1059
process in any proceeding regarding the enforcement or 1060
interpretation of the compact and shall have standing to 1061
intervene in such a proceeding for all purposes. Failure to 1062
provide the commission service of process shall render a 1063
judgment or order void as to the commission, this compact, or 1064
adopted rules. 1065
(2)(a) If the commission determines that a member state 1066
has defaulted in the p erformance of its obligations or 1067
responsibilities under this compact or the adopted rules, the 1068
commission shall provide written notice to the defaulting state. 1069
The notice of default shall describe the default, the proposed 1070
means of curing the default, and any other action that the 1071
commission may take, and shall offer training and specific 1072
technical assistance regarding the default. 1073
(b) The commission shall provide a copy of the notice of 1074
default to the other member states. 1075
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(3) If a state in default fail s to cure the default, the 1076
defaulting state may be terminated from the compact upon an 1077
affirmative vote of a majority of the delegates of the member 1078
states, and all rights, privileges, and benefits conferred on 1079
that state by this compact may be terminated on the effective 1080
date of termination. A cure of the default does not relieve the 1081
offending state of obligations or liabilities incurred during 1082
the period of default. 1083
(4) Termination of membership in the compact shall be 1084
imposed only after all other means of securing compliance have 1085
been exhausted. Notice of intent to suspend or terminate shall 1086
be given by the commission to the Governor, the majority and 1087
minority leaders of the defaulting state's legislature, the 1088
defaulting state's state licensing authorit y, and each of the 1089
member states' licensing authority. 1090
(5) A state that has been terminated is responsible for 1091
all assessments, obligations, and liabilities incurred through 1092
the effective date of termination, including obligations that 1093
extend beyond the effective date of termination. 1094
(6) Upon the termination of a state's membership from this 1095
compact, that state shall immediately provide notice to all 1096
licensees within that state of such termination. The terminated 1097
state shall continue to recognize all li censes granted pursuant 1098
to this compact for a minimum of 6 months after the date of said 1099
notice of termination. 1100
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(7) The commission may not bear any costs related to a 1101
state that is found to be in default or that has been terminated 1102
from the compact, unle ss agreed upon in writing between the 1103
commission and the defaulting state. 1104
(8) The defaulting state may appeal the action of the 1105
commission by petitioning the United States District Court for 1106
the District of Columbia or the federal district where the 1107
commission has its principal offices. The prevailing party shall 1108
be awarded all costs of such litigation, including reasonable 1109
attorney fees. 1110
(9)(a) Upon request by a member state, the commission 1111
shall attempt to resolve disputes related to the compact that 1112
arise among member states and between member and nonmember 1113
states. 1114
(b) The commission shall adopt a rule providing for both 1115
mediation and binding dispute resolution for disputes as 1116
appropriate. 1117
(10)(a) By majority vote as provided by rule, the 1118
commission may initiate legal action against a member state in 1119
default in the United States District Court for the District of 1120
Columbia or the federal district where the commission has its 1121
principal offices to enforce compliance with the provisions of 1122
the compact and its adopted rules. The relief sought may include 1123
both injunctive relief and damages. In the event judicial 1124
enforcement is necessary, the prevailing party shall be awarded 1125
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all costs of such liti gation, including reasonable attorney 1126
fees. The remedies herein may not be the exclusive remedies of 1127
the commission. The commission may pursue any other remedies 1128
available under federal or the defaulting member state's law. 1129
(b) A member state may initiat e legal action against the 1130
commission in the United States District Court for the District 1131
of Columbia or the federal district where the commission has its 1132
principal offices to enforce compliance with the provisions of 1133
the compact and its adopted rules. Th e relief sought may include 1134
both injunctive relief and damages. In the event judicial 1135
enforcement is necessary, the prevailing party shall be awarded 1136
all costs of such litigation, including reasonable attorney 1137
fees. 1138
(c) Only a member state may enforce th is compact against 1139
the commission. 1140
1141
ARTICLE XIV 1142
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 1143
1144
(1) The compact shall come into effect on the date on 1145
which the compact statute is enacted into law in the seventh 1146
member state. 1147
(2)(a) On or after the effective date of the compact, the 1148
commission shall convene and review the enactment of each of the 1149
first seven charter member states to determine if the statute 1150
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enacted by each such charter member state is materially 1151
different than the model compact statute. 1152
1. A charter member state whose enactment is found to be 1153
materially different from the model compact statute shall be 1154
entitled to the default process set forth in Article XIII. 1155
2. If any member state is later found to be in default, or 1156
is terminated or with draws from the compact, the commission 1157
shall remain in existence and the compact shall remain in effect 1158
even if the number of member states should be less than seven. 1159
(b) Member states enacting the compact subsequent to the 1160
seven initial charter member s tates shall be subject to the 1161
process provided in paragraph (3)(u) of Article X to determine 1162
if their enactments are materially different from the model 1163
compact statute and whether they qualify for participation in 1164
the compact. 1165
(c) All actions taken for the benefit of the commission or 1166
in furtherance of the purposes of the administration of the 1167
compact prior to the effective date of the compact or the 1168
commission coming into existence shall be considered to be 1169
actions of the commission unless specifically repudiated by the 1170
commission. 1171
(d) Any state that joins the compact subsequent to the 1172
commission's initial adoption of the rules and bylaws shall be 1173
subject to the rules and bylaws as they exist on the date on 1174
which the compact becomes law in that state. Any rule that has 1175
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been previously adopted by the commission shall have the full 1176
force and effect of law on the day the compact becomes law in 1177
that state. 1178
(3) Any member state may withdraw from this compact by 1179
enacting a statute repealing the same. 1180
(a) A member state's withdrawal may not take effect until 1181
180 days after enactment of the repealing statute. 1182
(b) Withdrawal may not affect the continuing requirement 1183
of the withdrawing state's licensing authority to comply with 1184
the investigative and adverse action reporting requirements of 1185
this compact before the effective date of withdrawal. 1186
(c) Upon the enactment of a statute withdrawing from this 1187
compact, a state shall immediately provide notice of such 1188
withdrawal to all licensees within that state. Notw ithstanding 1189
any subsequent statutory enactment to the contrary, such 1190
withdrawing state shall continue to recognize all licenses 1191
granted pursuant to this compact for a minimum of 180 days after 1192
the date of such notice of withdrawal. 1193
(4) This compact does not invalidate or prevent any 1194
licensure agreement or other cooperative arrangement between a 1195
member state and a nonmember state that does not conflict with 1196
the provisions of this compact. 1197
(5) This compact may be amended by the member states. Any 1198
amendment to this compact is not effective and binding upon any 1199
member state until it is enacted into the laws of all member 1200
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states. 1201
1202
ARTICLE XV 1203
CONSTRUCTION AND SEVERABILITY 1204
1205
(1) This compact and the commission's rulemaking authority 1206
shall be liberally construe d so as to effectuate the purposes 1207
and the implementation and administration of the compact. 1208
Provisions of the compact expressly authorizing or requiring the 1209
adoption of rules may not be construed to limit the commission's 1210
rulemaking authority solely for t hose purposes. 1211
(2) The provisions of this compact shall be severable and 1212
if any phrase, clause, sentence, or provision of this compact is 1213
held by a court of competent jurisdiction to be contrary to the 1214
constitution of any member state, a state seeking pa rticipation 1215
in the compact, or of the United states, or the applicability 1216
thereof to any government, agency, person, or circumstance is 1217
held to be unconstitutional by a court of competent 1218
jurisdiction, the validity of the remainder of this compact and 1219
the applicability thereof to any other government, agency, 1220
person, or circumstance may not be affected thereby. 1221
(3) Notwithstanding subsection (2), the commission may 1222
deny a state's participation in the compact or, in accordance 1223
with the requirements of subs ection (2) of Article XIII, 1224
terminate a member state's participation in the compact, if it 1225
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determines that a constitutional requirement of a member state 1226
is a material departure from the compact. Otherwise, if this 1227
compact shall be held to be contrary to t he constitution of any 1228
member state, the compact shall remain in full force and effect 1229
as to the remaining member states and in full force and effect 1230
as to the member state affected as to all severable matters. 1231
1232
ARTICLE XVI 1233
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1234
1235
(1) A licensee providing services in a remote state under 1236
a multistate authorization to practice shall adhere to the laws 1237
and regulations, including laws, regulations, and applicable 1238
standards, of the remote state where the client is located at 1239
the time care is rendered. 1240
(2) Nothing herein shall prevent or inhibit the 1241
enforcement of any other law of a member state that is not 1242
inconsistent with the compact. 1243
(3) Any laws, statutes, regulations, or other legal 1244
requirements in a mem ber state in conflict with the compact are 1245
superseded to the extent of the conflict. 1246
(4) All permissible agreements between the commission and 1247
the member states are binding in accordance with their terms. 1248
Section 2. Subsection (10) of section 456.073, Florida 1249
Statutes, is amended to read: 1250
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456.073 Disciplinary proceedings. —Disciplinary proceedings 1251
for each board shall be within the jurisdiction of the 1252
department. 1253
(10) The complaint and all information obtained pursuant 1254
to the investigation b y the department are confidential and 1255
exempt from s. 119.07(1) until 10 days after probable cause has 1256
been found to exist by the probable cause panel or by the 1257
department, or until the regulated professional or subject of 1258
the investigation waives his or he r privilege of 1259
confidentiality, whichever occurs first. The department shall 1260
report any significant investigation information relating to a 1261
nurse holding a multistate license to the coordinated licensure 1262
information system pursuant to s. 464.0095, and any significant 1263
investigatory information relating to a health care practitioner 1264
practicing under the Professional Counselors Licensure Compact 1265
to the data system pursuant to s. 491.017, and any significant 1266
investigatory information relating to a psychologist practicing 1267
under the Psychology Interjurisdictional Compact to the 1268
coordinated licensure information system pursuant to s. 1269
490.0075, and any significant investigatory information relating 1270
a clinical social worker practicing under the Social Work 1271
Licensure Interstate Compact to the data system pursuant to s. 1272
491.022. Upon completion of the investigation and a 1273
recommendation by the department to find probable cause, and 1274
pursuant to a written request by the subject or the subject's 1275
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attorney, the department sha ll provide the subject an 1276
opportunity to inspect the investigative file or, at the 1277
subject's expense, forward to the subject a copy of the 1278
investigative file. Notwithstanding s. 456.057, the subject may 1279
inspect or receive a copy of any expert witness repor t or 1280
patient record connected with the investigation if the subject 1281
agrees in writing to maintain the confidentiality of any 1282
information received under this subsection until 10 days after 1283
probable cause is found and to maintain the confidentiality of 1284
patient records pursuant to s. 456.057. The subject may file a 1285
written response to the information contained in the 1286
investigative file. Such response must be filed within 20 days 1287
of mailing by the department, unless an extension of time has 1288
been granted by the department. This subsection does not 1289
prohibit the department from providing such information to any 1290
law enforcement agency or to any other regulatory agency. 1291
Section 3. Subsection (5) of section 456.076, Florida 1292
Statutes, is amended to read: 1293
456.076 Impaired practitioner programs. — 1294
(5) A consultant shall enter into a participant contract 1295
with an impaired practitioner and shall establish the terms of 1296
monitoring and shall include the terms in a participant 1297
contract. In establishing the terms of monito ring, the 1298
consultant may consider the recommendations of one or more 1299
approved evaluators, treatment programs, or treatment providers. 1300
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A consultant may modify the terms of monitoring if the 1301
consultant concludes, through the course of monitoring, that 1302
extended, additional, or amended terms of monitoring are 1303
required for the protection of the health, safety, and welfare 1304
of the public. If the impaired practitioner is a health care 1305
practitioner practicing under the Professional Counselors 1306
Licensure Compact pursu ant to s. 491.017, the terms of the 1307
monitoring contract must include the impaired practitioner's 1308
withdrawal from all practice under the compact. If the impaired 1309
practitioner is a psychologist practicing under the Psychology 1310
Interjurisdictional Compact purs uant to s. 490.0075, the terms 1311
of the monitoring contract must include the impaired 1312
practitioner's withdrawal from all practice under the compact. 1313
If the impaired practitioner is a clinical social worker 1314
practicing under the Social Work Licensure Interstat e Compact, 1315
pursuant to s. 491.022, the terms of the monitoring contract 1316
must include the impaired practitioner's withdrawal from all 1317
practice under the compact. 1318
Section 4. Subsection (9) is added to section 491.004, 1319
Florida Statutes, to read: 1320
491.004 Board of Clinical Social Work, Marriage and Family 1321
Therapy, and Mental Health Counseling. — 1322
(9) The board shall appoint an individual to serve as the 1323
state's delegate on the Social Work Licensure Interstate Compact 1324
Commission as required under s. 491.022 . 1325
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Section 5. Subsection (6) of section 491.005, Florida 1326
Statutes, is amended to read: 1327
491.005 Licensure by examination. — 1328
(6) EXEMPTIONS EXEMPTION.— 1329
(a) A person licensed as a clinical social worker, 1330
marriage and family therapist, or mental health counselor in 1331
another state who is practicing under the Professional 1332
Counselors Licensure Compact pursuant to s. 491.017, and only 1333
within the scope provided therein, is exempt from the licensure 1334
requirements of this section, as applicable. 1335
(b) A person licensed as a clinical social worker in 1336
another state who is practicing under the Social Worker 1337
Licensure Interstate Compact pursuant to s. 491.022, and only 1338
within the scope provided therein, is exempt from the licensure 1339
requirements of this section, as ap plicable. 1340
Section 6. Subsection (4) is added to section 491.006, 1341
Florida Statutes, to read: 1342
491.006 Licensure or certification by endorsement. — 1343
(4) A person licensed as a clinical social worker in 1344
another state who is practicing under the Social Wo rker 1345
Licensure Interstate Compact pursuant to s. 491.022, and only 1346
within the scope provided therein, is exempt from the licensure 1347
requirements of this section, as applicable. 1348
Section 7. Subsection (1) of section 491.009, Florida 1349
Statutes, is amended, and paragraph (c) is added to subsection 1350
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(2) of that section, to read: 1351
491.009 Discipline. — 1352
(1) The following acts constitute grounds for denial of a 1353
license or disciplinary action, as specified in s. 456.072(2) , 1354
or s. 491.017, or s. 491.022: 1355
(a) Attempting to obtain, obtaining, or renewing a 1356
license, registration, or certificate under this chapter by 1357
bribery or fraudulent misrepresentation or through an error of 1358
the board or the department. 1359
(b) Having a license, registration, or certificate to 1360
practice a comparable profession revoked, suspended, or 1361
otherwise acted against, including the denial of certification 1362
or licensure by another state, territory, or country. 1363
(c) Being convicted or found guilty of, regardless of 1364
adjudication, or having ente red a plea of nolo contendere to, a 1365
crime in any jurisdiction which directly relates to the practice 1366
of his or her profession or the ability to practice his or her 1367
profession. However, in the case of a plea of nolo contendere, 1368
the board shall allow the per son who is the subject of the 1369
disciplinary proceeding to present evidence in mitigation 1370
relevant to the underlying charges and circumstances surrounding 1371
the plea. 1372
(d) False, deceptive, or misleading advertising or 1373
obtaining a fee or other thing of value on the representation 1374
that beneficial results from any treatment will be guaranteed. 1375
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(e) Advertising, practicing, or attempting to practice 1376
under a name other than one's own. 1377
(f) Maintaining a professional association with any person 1378
who the applicant, licensee, registered intern, or 1379
certificateholder knows, or has reason to believe, is in 1380
violation of this chapter or of a rule of the department or the 1381
board. 1382
(g) Knowingly aiding, assisting, procuring, or advising 1383
any nonlicensed, nonregistered, or no ncertified person to hold 1384
himself or herself out as licensed, registered, or certified 1385
under this chapter. 1386
(h) Failing to perform any statutory or legal obligation 1387
placed upon a person licensed, registered, or certified under 1388
this chapter. 1389
(i) Willfully making or filing a false report or record; 1390
failing to file a report or record required by state or federal 1391
law; willfully impeding or obstructing the filing of a report or 1392
record; or inducing another person to make or file a false 1393
report or record or to impede or obstruct the filing of a report 1394
or record. Such report or record includes only a report or 1395
record which requires the signature of a person licensed, 1396
registered, or certified under this chapter. 1397
(j) Paying a kickback, rebate, bonus, or other 1398
remuneration for receiving a patient or client, or receiving a 1399
kickback, rebate, bonus, or other remuneration for referring a 1400
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patient or client to another provider of mental health care 1401
services or to a provider of health care services or goods; 1402
referring a patient or client to oneself for services on a fee -1403
paid basis when those services are already being paid for by 1404
some other public or private entity; or entering into a 1405
reciprocal referral agreement. 1406
(k) Committing any act upon a patient or client which 1407
would constitute sexual battery or which would constitute sexual 1408
misconduct as defined pursuant to s. 491.0111. 1409
(l) Making misleading, deceptive, untrue, or fraudulent 1410
representations in the practice of any profession licensed, 1411
registered, or certified und er this chapter. 1412
(m) Soliciting patients or clients personally, or through 1413
an agent, through the use of fraud, intimidation, undue 1414
influence, or a form of overreaching or vexatious conduct. 1415
(n) Failing to make available to a patient or client, upon 1416
written request, copies of tests, reports, or documents in the 1417
possession or under the control of the licensee, registered 1418
intern, or certificateholder which have been prepared for and 1419
paid for by the patient or client. 1420
(o) Failing to respond within 30 days to a written 1421
communication from the department or the board concerning any 1422
investigation by the department or the board, or failing to make 1423
available any relevant records with respect to any investigation 1424
about the licensee's, registered intern's, or 1425
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certificateholder's conduct or background. 1426
(p) Being unable to practice the profession for which he 1427
or she is licensed, registered, or certified under this chapter 1428
with reasonable skill or competence as a result of any mental or 1429
physical condition or by reas on of illness; drunkenness; or 1430
excessive use of drugs, narcotics, chemicals, or any other 1431
substance. In enforcing this paragraph, upon a finding by the 1432
State Surgeon General, the State Surgeon General's designee, or 1433
the board that probable cause exists to believe that the 1434
licensee, registered intern, or certificateholder is unable to 1435
practice the profession because of the reasons stated in this 1436
paragraph, the department shall have the authority to compel a 1437
licensee, registered intern, or certificateholder t o submit to a 1438
mental or physical examination by psychologists, physicians, or 1439
other licensees under this chapter, designated by the department 1440
or board. If the licensee, registered intern, or 1441
certificateholder refuses to comply with such order, the 1442
department's order directing the examination may be enforced by 1443
filing a petition for enforcement in the circuit court in the 1444
circuit in which the licensee, registered intern, or 1445
certificateholder resides or does business. The licensee, 1446
registered intern, or cert ificateholder against whom the 1447
petition is filed may not be named or identified by initials in 1448
any public court records or documents, and the proceedings shall 1449
be closed to the public. The department shall be entitled to the 1450
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summary procedure provided in s . 51.011. A licensee, registered 1451
intern, or certificateholder affected under this paragraph shall 1452
at reasonable intervals be afforded an opportunity to 1453
demonstrate that he or she can resume the competent practice for 1454
which he or she is licensed, registered , or certified with 1455
reasonable skill and safety to patients. 1456
(q) Performing any treatment or prescribing any therapy 1457
which, by the prevailing standards of the mental health 1458
professions in the community, would constitute experimentation 1459
on human subjects, without first obtaining full, informed, and 1460
written consent. 1461
(r) Failing to meet the minimum standards of performance 1462
in professional activities when measured against generally 1463
prevailing peer performance, including the undertaking of 1464
activities for which the licensee, registered intern, or 1465
certificateholder is not qualified by training or experience. 1466
(s) Delegating professional responsibilities to a person 1467
who the licensee, registered intern, or certificateholder knows 1468
or has reason to know is not qua lified by training or experience 1469
to perform such responsibilities. 1470
(t) Violating a rule relating to the regulation of the 1471
profession or a lawful order of the department or the board 1472
previously entered in a disciplinary hearing. 1473
(u) Failure of the licen see, registered intern, or 1474
certificateholder to maintain in confidence a communication made 1475
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by a patient or client in the context of such services, except 1476
as provided in s. 491.0147. 1477
(v) Making public statements which are derived from test 1478
data, client contacts, or behavioral research and which identify 1479
or damage research subjects or clients. 1480
(w) Violating any provision of this chapter or chapter 1481
456, or any rules adopted pursuant thereto. 1482
(2) 1483
(c) The board may take adverse action against a clinical 1484
social worker's privilege to practice under the Social Worker 1485
Licensure Interstate Compact pursuant to s. 491.022, and may 1486
impose any of the penalties in s. 456.072(2) if the clinical 1487
social worker commits an act specified in subsection (1) or s. 1488
456.072(1). 1489
Section 8. Paragraph (j) is added subsection (10) of 1490
section 768.28, Florida Statutes, to read: 1491
768.28 Waiver of sovereign immunity in tort actions; 1492
recovery limits; civil liability for damages caused during a 1493
riot; limitation on attorney fees; st atute of limitations; 1494
exclusions; indemnification; risk management programs. — 1495
(10) 1496
(j) For purposes of this section, the individual appointed 1497
under s. 491.004(9) as the state's delegate on the Social Work 1498
Licensure Compact Commission, pursuant to s. 491 .022, and any 1499
administrator, officer, executive director, employee, or 1500
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representative of the commission, when acting within the scope 1501
of his or her employment, duties, or responsibilities in this 1502
state, is considered an agent of the state. The commission s hall 1503
pay any claims or judgments pursuant to this section and may 1504
maintain insurance coverage to pay any such claims or judgments. 1505
Section 9. The Department of Health shall notify the 1506
Division of Law Revision upon the enactment of the Social Work 1507
Licensure Interstate Compact into law by seven states. 1508
Section 10. This act shall take effect upon enactment of 1509
the Social Work Licensure Interstate Compact into law by seven 1510
states. 1511