Florida 2025 Regular Session

Florida House Bill H0027 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	~~CS/~~HB 27 2025
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8		-	hb27-~~01-c1~~
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	3	+	HB 27 2025
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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 upon 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		-	~~CS/~~HB 27 2025
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44		-	CODING: Words stricken are deletions; words underlined are additions.
45		-	hb27-~~01-c1~~
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	40	+	HB 27 2025
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	44	+	CODING: Words stricken are deletions; words underlined are additions.
	45	+	hb27-00
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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		-	Licensure Compact Commission; providing for 40
	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		-	executive committee; authorizing the commission to 44
70		-	convene in closed, nonpublic meetings under certain 45
71		-	circumstances; providing for the financing of the 46
72		-	commission; providing s pecified individuals immunity 47
73		-	from civil liability under certain circumstances; 48
74		-	providing exceptions; requiring the commission to 49
75		-	defend the specified individuals in civil actions 50
76		-
77		-	CS/HB 27 2025
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80		-
81		-	CODING: Words stricken are deletions; words underlined are additions.
82		-	hb27-01-c1
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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		-
86		-
87		-
88		-	under certain circumstances; requiring the commission 51
89		-	to indemnify and hold harmless specified individuals 52
90		-	for any settlement or judgment obtained in such 53
91		-	actions under certain circumstances; providing for the 54
92		-	development of the data system, reporting procedures, 55
93		-	and the exchange of specified information between 56
94		-	member states; requiring the commission to notify 57
95		-	member states of any adverse action taken against a 58
96		-	licensee or applicant for licensure; authorizing 59
97		-	member states to designate as confidential information 60
98		-	provided to the data system; requiring the commission 61
99		-	to remove information from the data system under 62
100		-	certain circumstances; providing rulemaking procedures 63
101		-	for the commission; providing for member state 64
102		-	enforcement of the compact; authorizing the commission 65
103		-	to receive notice of process, and have standing to 66
104		-	intervene, in certain proceedings; rendering certain 67
105		-	judgments and orders void as to the commission, the 68
106		-	compact, or commission rules under certain 69
107		-	circumstances; providing for defaults and termination 70
108		-	of compact membership; providing procedures for the 71
109		-	resolution of certain disputes; providing for 72
110		-	commission enforcement of the compact; providing for 73
111		-	remedies; providing for implementation of, withdrawal 74
112		-	from, and amendment to the compact; specifying that 75
113		-
114		-	CS/HB 27 2025
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118		-	CODING: Words stricken are deletions; words underlined are additions.
119		-	hb27-01-c1
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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		-
123		-
124		-
125		-	licensees practicing in a remote state under the 76
126		-	compact must adhere to the laws and rules of that 77
127		-	state; specifying that the compact, commission rules, 78
128		-	and commission actions are binding on member states; 79
129		-	providing construction; providing for severability; 80
130		-	amending s. 456.073, F.S.; requiring the Department of 81
131		-	Health to report certain investigative information to 82
132		-	the data system; amending s. 456.076, F.S.; requiring 83
133		-	monitoring contracts for certain impaired 84
134		-	practitioners to contain certain terms; amending s. 85
135		-	491.004, F.S.; requiring the Board of Clinical Social 86
136		-	Work, Marriage and Family Therapy, and Mental Health 87
137		-	Counseling to appoint an individual to serve as the 88
138		-	state's delegate on the commission; amending ss. 89
139		-	491.005 and 491.006, F.S.; exempting certain persons 90
140		-	from licensure requirements; amending s. 491.009, 91
141		-	F.S.; authorizing certain disciplinary action under 92
142		-	the compact for specified prohibited acts; amending s. 93
143		-	768.28, F.S.; designating the state's delegate and 94
144		-	other members or employees of the commission as state 95
145		-	agents for the purpose of applying waivers of 96
146		-	sovereign immunity; requiring the commission to pay 97
147		-	certain claims or judgments; authorizing the 98
148		-	commission to maintain insurance coverage to pay such 99
149		-	claims or judgments; providing an effective date. 100
150		-
151		-	CS/HB 27 2025
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153		-
154		-
155		-	CODING: Words stricken are deletions; words underlined are additions.
156		-	hb27-01-c1
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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		-
160		-
161		-
162		-	101
163		-	Be It Enacted by the Legislature of the state of Florida : 102
164		-	103
165		-	Section 1. Section 491.022, Florida Statutes, is created 104
166		-	to read: 105
167		-	491.022 Social Work Licensure Interstate Compact. —The 106
168		-	Social Work Licensure Interstate Compact is hereby enacted into 107
169		-	law and entered into by this state with all other states legall y 108
170		-	joining therein in the form substantially as follows: 109
171		-	110
172		-	ARTICLE I 111
173		-	PURPOSE 112
174		-	113
175		-	(1) The purpose of this compact is to facilitate 114
176		-	interstate practice of regulated social workers by improving 115
177		-	public access to competent social work services. 116
178		-	(2) The compact preserves the regulatory authority of 117
179		-	member states to protect public health and safety through the 118
180		-	current system of licensure. This compact is designed to achieve 119
181		-	all of the following objectives: 120
182		-	(a) Increase public access to social work services. 121
183		-	(b) Reduce overly burdensome and duplicative requirements 122
184		-	associated with holding multiple licenses. 123
185		-	(c) Enhance member states' ability to protect the public 124
186		-	health and safety. 125
187		-
188		-	CS/HB 27 2025
189		-
190		-
191		-
192		-	CODING: Words stricken are deletions; words underlined are additions.
193		-	hb27-01-c1
194		-	Page 6 of 62
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
196		-
197		-
198		-
199		-	(d) Encourage the cooperation of member states in 126
200		-	regulating multistate practi ce. 127
201		-	(e) Promote mobility and address workforce shortages by 128
202		-	eliminating the necessity for licenses in multiple states by 129
203		-	providing for the mutual recognition of other member state 130
204		-	licenses. 131
205		-	(f) Support military families. 132
206		-	(g) Facilitate the exchange of licensure and disciplinary 133
207		-	information among member states. 134
208		-	(h) Authorize all member states to hold a regulated social 135
209		-	worker accountable for abiding by a member state's laws, 136
210		-	regulations, and applicable professional standards in the member 137
211		-	state in which the client is located at the time care is 138
212		-	rendered. 139
213		-	(i) Allow for the use of telehealth to facilitate 140
214		-	increased access to social work services. 141
215		-	142
216		-	ARTICLE II 143
217		-	DEFINITIONS 144
218		-	145
219		-	As used in this compact, the term: 146
220		-	(1) "Active military member" means any ind ividual with 147
221		-	full-time duty status in the active Armed Forces of the United 148
222		-	States, including members of the National Guard and Reserve. 149
223		-	(2) "Adverse action" means any administrative, civil, 150
224		-
225		-	CS/HB 27 2025
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227		-
228		-
229		-	CODING: Words stricken are deletions; words underlined are additions.
230		-	hb27-01-c1
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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		-
234		-
235		-
236		-	equitable, or criminal action permitted by a state's laws which 151
237		-	is imposed by a licensing authority or other authority against a 152
238		-	regulated social worker, including actions against an 153
239		-	individual's license or multistate authorization to practice 154
240		-	such as revocation, suspension, probation, monitoring of the 155
241		-	licensee, limitation on the licensee's practice, or any other 156
242		-	encumbrance on licensure affecting a regulated social worker's 157
243		-	authorization to practice, including issuance of a cease and 158
244		-	desist action. 159
245		-	(3) "Alternative program" means a nondisciplinary 160
246		-	monitoring or practice remediation process approved by a 161
247		-	licensing authority to address practitioners with an impairment. 162
248		-	(4) "Charter member states" means member states that have 163
249		-	enacted legislation to adopt this compact where such legislation 164
250		-	predates the effective dat e of this compact as described in 165
251		-	Article XIV. 166
252		-	(5) "Commission" means the government agency whose 167
253		-	membership consists of all states that have enacted this 168
254		-	compact, which is known as the Social Work Licensure Compact 169
255		-	Commission, as described in Article X, and which shall operate 170
256		-	as an instrumentality of the member states. 171
257		-	(6) "Current significant investigative information" means: 172
258		-	(a) Investigative information that a licensing authority, 173
259		-	after a preliminary inquiry that includes notification and an 174
260		-	opportunity for the regulated social worker to respond, has 175
261		-
262		-	CS/HB 27 2025
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264		-
265		-
266		-	CODING: Words stricken are deletions; words underlined are additions.
267		-	hb27-01-c1
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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		-
271		-
272		-
273		-	reason to believe is not groundless and, if proved true, would 176
274		-	indicate more than a minor infraction as may be defined by the 177
275		-	commission; or 178
276		-	(b) Investigative information that indicates that the 179
277		-	regulated social worker represents an immediate threat to public 180
278		-	health and safety, as may be defined by the commission, 181
279		-	regardless of whether the regulated social worker has been 182
280		-	notified and has had an opportunity to respond. 183
281		-	(7) "Data system" means a rep ository of information about 184
282		-	licensees, including continuing education, examination, 185
283		-	licensure, current significant investigative information, 186
284		-	disqualifying events, multistate licenses, and adverse action 187
285		-	information or other information as required by the commission. 188
286		-	(8) "Disqualifying event" means any adverse action or 189
287		-	incident which results in an encumbrance that disqualifies or 190
288		-	makes the licensee ineligible to obtain, retain, or renew a 191
289		-	multistate license. 192
290		-	(9) "Domicile" means the jurisdiction in wh ich the 193
291		-	licensee resides and intends to remain indefinitely. 194
292		-	(10) "Encumbrance" means a revocation or suspension of, or 195
293		-	any limitation on, the full and unrestricted practice of social 196
294		-	work licensed and regulated by a licensing authority. 197
295		-	(11) "Executive committee" means a group of delegates 198
296		-	elected or appointed to act on behalf of, and within the powers 199
297		-	granted to them by, the compact and commission. 200
298		-
299		-	CS/HB 27 2025
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301		-
302		-
303		-	CODING: Words stricken are deletions; words underlined are additions.
304		-	hb27-01-c1
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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
307		-
308		-
309		-
310		-	(12) "Home state" means the member state that is the 201
311		-	licensee's primary domicile. 202
312		-	(13) "Impairment" means a condition that may impair a 203
313		-	practitioner's ability to engage in full and unrestricted 204
314		-	practice as a regulated social worker without some type of 205
315		-	intervention and may include alcohol and drug dependence, mental 206
316		-	health impairment, and neurological or physical impairments. 207
317		-	(14) "Licensee" means an individual who currently holds a 208
318		-	license from a state to practice as a regulated social worker. 209
319		-	(15) "Licensing authority" means the board or agency of a 210
320		-	member state, or an equivalent, that is responsibl e for the 211
321		-	licensing and regulation of regulated social workers. 212
322		-	(16) "Member state" means a state, commonwealth, district, 213
323		-	or territory of the United States that has enacted this compact. 214
324		-	(17) "Multistate authorization to practice" means a 215
325		-	legally authorized privilege to practice, which is equivalent to 216
326		-	a license, associated with a multistate license permitting the 217
327		-	practice of social work in a remote state. 218
328		-	(18) "Multistate license" means a license to practice as a 219
329		-	regulated social worker issued b y a home state licensing 220
330		-	authority that authorizes the regulated social worker to 221
331		-	practice in all member states under multistate authorization to 222
332		-	practice. 223
333		-	(19) "Qualifying National Exam" means a national licensing 224
334		-	examination approved by the commission. 225
335		-
336		-	CS/HB 27 2025
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340		-	CODING: Words stricken are deletions; words underlined are additions.
341		-	hb27-01-c1
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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
344		-
345		-
346		-
347		-	(20) "Regulated social worker" means any clinical, 226
348		-	master's, or bachelor's social worker licensed by a member state 227
349		-	regardless of the title used by that member state. 228
350		-	(21) "Remote state" means a member state other than the 229
351		-	licensee's home state. 230
352		-	(22) "Rules" or "rules of the commission" means a 231
353		-	regulation or regulations duly adopted by the commission, as 232
354		-	authorized by the compact, that has the force of law. 233
355		-	(23) "Single state license" means a social work license 234
356		-	issued by any state that authorizes practice only within the 235
357		-	issuing state and does not include multistate authorization to 236
358		-	practice in any member state. 237
359		-	(24) "Social work" or "social work services" means the 238
360		-	application of social work theory, knowledge, methods, ethics, 239
361		-	and the professional use of self to restore or enhance social, 240
362		-	psychosocial, or biopsychosocial functioning of individuals, 241
363		-	couples, families, groups, organizations, and communities 242
364		-	through the care and services provided by a regulated social 243
365		-	worker as provided in the membe r state's statutes and 244
366		-	regulations in the state where the services are being provided. 245
367		-	(25) "State" means any state, commonwealth, district, or 246
368		-	territory of the United States that regulates the practice of 247
369		-	social work. 248
370		-	(26) "Unencumbered license" means a license that 249
371		-	authorizes a regulated social worker to engage in the full and 250
372		-
373		-	CS/HB 27 2025
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375		-
376		-
377		-	CODING: Words stricken are deletions; words underlined are additions.
378		-	hb27-01-c1
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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		-
382		-
383		-
384		-	unrestricted practice of social work. 251
385		-	252
386		-	ARTICLE III 253
387		-	STATE PARTICIPATION IN THE COMPACT 254
388		-	255
389		-	(1) To be eligible to participate in the compact, a 256
390		-	potential member state must currentl y meet all of the following 257
391		-	criteria: 258
392		-	(a) License and regulate the practice of social work at 259
393		-	the clinical, master's, or bachelor's level. 260
394		-	(b) Require applicants for licensure to graduate from a 261
395		-	program that: 262
396		-	1. Is operated by a college or university recognized by 263
397		-	the licensing authority; 264
398		-	2. Is accredited, or in candidacy by an institution that 265
399		-	subsequently becomes accredited, by an accrediting agency 266
400		-	recognized by either: 267
401		-	a. The Council for Higher Education Accreditation or its 268
402		-	successor; or 269
403		-	b. The United States Department of Education; and 270
404		-	3. Corresponds to the licensure sought as outlined in 271
405		-	Article IV. 272
406		-	(c) Require applicants for clinical licensure to complete 273
407		-	a period of supervised practice. 274
408		-	(d) Have a mechanism in place for receiving, 275
409		-
410		-	CS/HB 27 2025
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412		-
413		-
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415		-	hb27-01-c1
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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		-
419		-
420		-
421		-	investigating, and adjudicating complaints about licensees. 276
422		-	(2) To maintain membership in the compact, a member state 277
423		-	shall: 278
424		-	(a) Require that applicants for a multistate license pass 279
425		-	a Qualifying National Exam for the corresponding category of 280
426		-	multistate license sought as outlined in Article IV. 281
427		-	(b) Participate fully in the commission's data system, 282
428		-	including using the commission's unique identifier as defined in 283
429		-	rules. 284
430		-	(c) Notify the commission, in compliance with the terms of 285
431		-	the compact and rules , of any adverse action or the availability 286
432		-	of current significant investigative information regarding a 287
433		-	licensee. 288
434		-	(d) Implement procedures for considering the criminal 289
435		-	history records of applicants for a multistate license. Such 290
436		-	procedures shall include the submission of fingerprints or other 291
437		-	biometric-based information by applicants for the purpose of 292
438		-	obtaining an applicant's criminal history record information 293
439		-	from the Federal Bureau of Investigation and the agency 294
440		-	responsible for retaining that state' s criminal records. 295
441		-	(e) Comply with the rules of the commission. 296
442		-	(f) Require an applicant to obtain or retain a license in 297
443		-	the home state and meet the home state's qualifications for 298
444		-	licensure or renewal of licensure, as well as all other 299
445		-	applicable home state laws. 300
446		-
447		-	CS/HB 27 2025
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449		-
450		-
451		-	CODING: Words stricken are deletions; words underlined are additions.
452		-	hb27-01-c1
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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		-
456		-
457		-
458		-	(g) Authorize a licensee holding a multistate license in 301
459		-	any member state to practice in accordance with the terms of the 302
460		-	compact and rules of the commission. 303
461		-	(h) Designate a delegate to participate in the commission 304
462		-	meetings. 305
463		-	(3) A member state meeting the requirements under 306
464		-	subsections (1) and (2) shall designate the categories of social 307
465		-	work licensure that are eligible for issuance of a multistate 308
466		-	license for applicants in such member state. To the extent that 309
467		-	any member state does n ot meet the requirements for 310
468		-	participation in the compact at any particular category of 311
469		-	social work licensure, such member state may choose, but is not 312
470		-	obligated, to issue a multistate license to applicants who 313
471		-	otherwise meet the requirements of Article IV for issuance of a 314
472		-	multistate license in such category or categories of licensure. 315
473		-	(4) The home state may charge a fee for granting the 316
474		-	multistate license. 317
475		-	318
476		-	ARTICLE IV 319
477		-	SOCIAL WORKER PARTICIPATION IN THE COMPACT 320
478		-	321
479		-	(1) To be eligible for a multistate lice nse under this 322
480		-	compact, an applicant, regardless of category, must meet all of 323
481		-	the following requirements: 324
482		-	(a) Hold or be eligible for an active, unencumbered 325
483		-
484		-	CS/HB 27 2025
485		-
486		-
487		-
488		-	CODING: Words stricken are deletions; words underlined are additions.
489		-	hb27-01-c1
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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		-
493		-
494		-
495		-	license in the home state. 326
496		-	(b) Pay any applicable fees, including any member state 327
497		-	fee, for the multistate license. 328
498		-	(c) Submit, in connection with an application for a 329
499		-	multistate license, fingerprints or other biometric data for the 330
500		-	purpose of obtaining criminal history record information from 331
501		-	the Federal Bureau of Investigation and the agency r esponsible 332
502		-	for retaining that state's criminal records. 333
503		-	(d) Notify the home state of any adverse action, 334
504		-	encumbrance, or restriction on any professional license taken by 335
505		-	any member state or nonmember state within 30 days after the 336
506		-	date the action was tak en. 337
507		-	(e) Meet any continuing competence requirements 338
508		-	established by the home state. 339
509		-	(f) Abide by the laws, regulations, and applicable 340
510		-	standards in the member state where the client is located at the 341
511		-	time care is rendered. 342
512		-	(2) An applicant for a clini cal-category multistate 343
513		-	license must meet all of the following requirements: 344
514		-	(a) Fulfill a competency requirement, which shall be 345
515		-	satisfied by: 346
516		-	1. Passage of a clinical -category Qualifying National 347
517		-	Exam; 348
518		-	2. Licensure of the applicant in his or her ho me state at 349
519		-	the clinical category, beginning before such time as a 350
520		-
521		-	CS/HB 27 2025
522		-
523		-
524		-
525		-	CODING: Words stricken are deletions; words underlined are additions.
526		-	hb27-01-c1
527		-	Page 15 of 62
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		-
530		-
531		-
532		-	Qualifying National Exam was required by the home state and 351
533		-	accompanied by a period of continuous social work licensure 352
534		-	thereafter, all of which may be further governed by the rules of 353
535		-	the commission; or 354
536		-	3. The substantial equivalency of the foregoing competency 355
537		-	requirements which the commission may determine by rule. 356
538		-	(b) Attain at least a master's degree in social work from 357
539		-	a program that is: 358
540		-	1. Operated by a college or university rec ognized by a 359
541		-	licensing authority. 360
542		-	2. Accredited, or in candidacy that subsequently becomes 361
543		-	accredited, by an accrediting agency recognized by either: 362
544		-	a. The Council for Higher Education Accreditation or its 363
545		-	successor; or 364
546		-	b. The United States Department of Education. 365
547		-	(c) Fulfill a practice requirement, which shall be 366
548		-	satisfied by demonstrating completion of: 367
549		-	1. A period of postgraduate supervised clinical practice 368
550		-	equal to a minimum of 3,000 hours; 369
551		-	2. A minimum of 2 years of full -time postgraduate 370
552		-	supervised clinical practice; or 371
553		-	3. The substantial equivalency of the foregoing practice 372
554		-	requirements which the commission may determine by rule. 373
555		-	(3) An applicant for a master's -category multistate 374
556		-	license must meet all of the following r equirements: 375
557		-
558		-	CS/HB 27 2025
559		-
560		-
561		-
562		-	CODING: Words stricken are deletions; words underlined are additions.
563		-	hb27-01-c1
564		-	Page 16 of 62
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		-
567		-
568		-
569		-	(a) Fulfill a competency requirement, which shall be 376
570		-	satisfied by: 377
571		-	1. Passage of a masters -category Qualifying National Exam; 378
572		-	2. Licensure of the applicant in his or her home state at 379
573		-	the master's category, beginning before such time as a 380
574		-	Qualifying National Exam was required by the home state at the 381
575		-	master's category and accompanied by a continuous period of 382
576		-	social work licensure thereafter, all of which may be further 383
577		-	governed by the rules of the commission; or 384
578		-	3. The substantial equi valency of the foregoing competency 385
579		-	requirements which the commission may determine by rule. 386
580		-	(b) Attain at least a master's degree in social work from 387
581		-	a program that is: 388
582		-	1. Operated by a college or university recognized by a 389
583		-	licensing authority. 390
584		-	2. Accredited, or in candidacy by an institution that 391
585		-	subsequently becomes accredited, by an accrediting agency 392
586		-	recognized by either: 393
587		-	a. The Council for Higher Education Accreditation or its 394
588		-	successor; or 395
589		-	b. The United States Department of Education. 396
590		-	(4) An applicant for a bachelor's -category multistate 397
591		-	license must meet all of the following requirements: 398
592		-	(a) Fulfill a competency requirement, which shall be 399
593		-	satisfied by: 400
594		-
595		-	CS/HB 27 2025
596		-
597		-
598		-
599		-	CODING: Words stricken are deletions; words underlined are additions.
600		-	hb27-01-c1
601		-	Page 17 of 62
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		-
604		-
605		-
606		-	1. Passage of a bachelor's -category Qualifying National 401
607		-	Exam; 402
608		-	2. Licensure of the applicant in his or her home state at 403
609		-	the bachelor's category, beginning before such time as a 404
610		-	Qualifying National Exam was required by the home state and 405
611		-	accompanied by a period of continuous social work licensure 406
612		-	thereafter, all of which may be furthe r governed by the rules of 407
613		-	the commission; or 408
614		-	3. The substantial equivalency of the foregoing competency 409
615		-	requirements which the commission may determine by rule. 410
616		-	(b) Attain at least a bachelor's degree in social work 411
617		-	from a program that is: 412
618		-	1. Operated by a college or university recognized by the 413
619		-	licensing authority. 414
620		-	2. Accredited, or in candidacy that subsequently becomes 415
621		-	accredited, by an accrediting agency recognized by either: 416
622		-	a. The Council for Higher Education Accreditation or its 417
623		-	successor; or 418
624		-	b. The United States Department of Education. 419
625		-	(5) The multistate license for a regulated social worker 420
626		-	is subject to the renewal requirements of the home state. The 421
627		-	regulated social worker must maintain compliance with the 422
628		-	requirements of subsectio n (1) to be eligible to renew a 423
629		-	multistate license. 424
630		-	(6) The regulated social worker's services in a remote 425
631		-
632		-	CS/HB 27 2025
633		-
634		-
635		-
636		-	CODING: Words stricken are deletions; words underlined are additions.
637		-	hb27-01-c1
638		-	Page 18 of 62
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		-
641		-
642		-
643		-	state are subject to that member state's regulatory authority. A 426
644		-	remote state may, in accordance with due process and that member 427
645		-	state's laws, remove a regulated social worker's multistate 428
646		-	authorization to practice in the remote state for a specific 429
647		-	period of time, impose fines, and take any other necessary 430
648		-	actions to protect the health and safety of its citizens. 431
649		-	(7) If a multistate license is en cumbered, the regulated 432
650		-	social worker's multistate authorization to practice shall be 433
651		-	deactivated in all remote states until the multistate license is 434
652		-	no longer encumbered. 435
653		-	(8) If a multistate authorization to practice is 436
654		-	encumbered in a remote state, th e regulated social worker's 437
655		-	multistate authorization to practice may be deactivated in that 438
656		-	state until the multistate authorization to practice is no 439
657		-	longer encumbered. 440
658		-	441
659		-	ARTICLE V 442
660		-	ISSUANCE OF A MULTISTATE LICENSE 443
661		-	444
662		-	(1) Upon receipt of an application for multistate license, 445
663		-	the home state licensing authority shall determine the 446
664		-	applicant's eligibility for a multistate license in accordance 447
665		-	with Article IV. 448
666		-	(2) If such applicant is eligible pursuant to Article IV, 449
667		-	the home state licensing authority shall issue a multistate 450
668		-
669		-	CS/HB 27 2025
670		-
671		-
672		-
673		-	CODING: Words stricken are deletions; words underlined are additions.
674		-	hb27-01-c1
675		-	Page 19 of 62
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		-
678		-
679		-
680		-	license that authorizes the applicant or regulated social worker 451
681		-	to practice in all member states under a multistate 452
682		-	authorization to practice. 453
683		-	(3) Upon issuance of a multistate license, the home state 454
684		-	licensing authority shall designa te whether the regulated social 455
685		-	worker holds a multistate license in the bachelor's, master's, 456
686		-	or clinical category of social work. 457
687		-	(4) A multistate license issued by a home state to a 458
688		-	resident in that state shall be recognized by all compact member 459
689		-	states as authorizing social work practice under a multistate 460
690		-	authorization to practice corresponding to each category of 461
691		-	licensure regulated in each member state. 462
692		-	463
693		-	ARTICLE VI 464
694		-	AUTHORITY OF SOCIAL WORK LICENSURE COMPACT COMMISSION 465
695		-	AND MEMBER STATE LICENSING AU THORITIES 466
696		-	467
697		-	(1) This compact, or any rule of the commission, does not 468
698		-	limit, restrict, or in any way reduce the ability of a member 469
699		-	state to: 470
700		-	(a) Enact and enforce laws, regulations, or other rules 471
701		-	related to the practice of social work in that state wh en those 472
702		-	laws, regulations, or other rules are not inconsistent with the 473
703		-	provisions of this compact. 474
704		-	(b) Take adverse action against a licensee's single state 475
705		-
706		-	CS/HB 27 2025
707		-
708		-
709		-
710		-	CODING: Words stricken are deletions; words underlined are additions.
711		-	hb27-01-c1
712		-	Page 20 of 62
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		-
715		-
716		-
717		-	license to practice social work in that state. 476
718		-	(c) Take adverse action against a licensee's m ultistate 477
719		-	authorization to practice social work in that state. 478
720		-	(2) This compact, or any rule of the commission, does not 479
721		-	limit, restrict, or in any way reduce the ability of a 480
722		-	licensee's home state to take adverse action against a 481
723		-	licensee's multistate l icense based upon information provided by 482
724		-	a remote state. 483
725		-	(3) This compact does not affect the requirements 484
726		-	established by a member state for the issuance of a single state 485
727		-	license. 486
728		-	487
729		-	ARTICLE VII 488
730		-	REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE 489
731		-	490
732		-	(1) A licensee can hold a multistate license, issued by 491
733		-	his or her home state, in only one member state at any given 492
734		-	time. 493
735		-	(2) If a licensee changes his or her home state by moving 494
736		-	between two member states: 495
737		-	(a) The licensee shall immediately apply for the 496
738		-	reissuance of his or her multistate license in his or her new 497
739		-	home state. The licensee shall pay all applicable fees and 498
740		-	notify the prior home state in accordance with the rules of the 499
741		-	commission. 500
742		-
743		-	CS/HB 27 2025
744		-
745		-
746		-
747		-	CODING: Words stricken are deletions; words underlined are additions.
748		-	hb27-01-c1
749		-	Page 21 of 62
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		-
752		-
753		-
754		-	(b) Upon receipt of an application to reissue a multi state 501
755		-	license, the new home state shall verify that the multistate 502
756		-	license is active, unencumbered, and eligible for reissuance 503
757		-	under the terms of the compact and the rules of the commission. 504
758		-	The multistate license issued by the prior home state will be 505
759		-	deactivated and all member states notified in accordance with 506
760		-	the applicable rules adopted by the commission. 507
761		-	(c) Before the reissuance of the multistate license, the 508
762		-	new home state shall conduct procedures for considering the 509
763		-	criminal history records of t he licensee. Such procedures shall 510
764		-	include the submission of fingerprints or other biometric -based 511
765		-	information by applicants for the purpose of obtaining an 512
766		-	applicant's criminal history record information from the Federal 513
767		-	Bureau of Investigation and the ag ency responsible for retaining 514
768		-	that state's criminal records. 515
769		-	(d) If required for initial licensure, the new home state 516
770		-	may require completion of jurisprudence requirements in the new 517
771		-	home state. 518
772		-	(e) Notwithstanding any other provision of this compact, 519
773		-	if a licensee does not meet the requirements provided in this 520
774		-	compact for the reissuance of a multistate license by the new 521
775		-	home state, then the licensee shall be subject to the new home 522
776		-	state requirements for the issuance of a single state license in 523
777		-	that state. 524
778		-	(3) If a licensee changes his or her primary state of 525
779		-
780		-	CS/HB 27 2025
781		-
782		-
783		-
784		-	CODING: Words stricken are deletions; words underlined are additions.
785		-	hb27-01-c1
786		-	Page 22 of 62
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		-
789		-
790		-
791		-	residence by moving from a member state to a nonmember state, or 526
792		-	from a nonmember state to a member state, then the licensee 527
793		-	shall be subject to the state requirements for the issuance of a 528
794		-	single state license in the new home state. 529
795		-	(4) This compact does not interfere with a licensee's 530
796		-	ability to hold a single state license in multiple states; 531
797		-	however, for the purposes of this compact, a licensee shall have 532
798		-	only one home state, and only one multistate license. 533
799		-	(5) This compact does not interfere with the requirements 534
800		-	established by a member state for the issuance of a single state 535
801		-	license. 536
802		-	537
803		-	ARTICLE VIII 538
804		-	MILITARY FAMILIES 539
805		-	540
806		-	An active military member or his or her spouse shall 541
807		-	designate a home state where the individual has a multistate 542
808		-	license. The individual may retain his or her home state 543
809		-	designation during the period the servicemember is on active 544
810		-	duty. 545
811		-	546
812		-	ARTICLE IX 547
813		-	ADVERSE ACTIONS 548
814		-	549
815		-	(1) In addition to the other powers conferred by gener al 550
816		-
817		-	CS/HB 27 2025
818		-
819		-
820		-
821		-	CODING: Words stricken are deletions; words underlined are additions.
822		-	hb27-01-c1
823		-	Page 23 of 62
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		-
826		-
827		-
828		-	law, a remote state shall have the authority, in accordance with 551
829		-	existing state due process law, to: 552
830		-	(a) Take adverse action against a regulated social 553
831		-	worker's multistate authorization to practice only within that 554
832		-	member state, and issue subpoenas fo r both hearings and 555
833		-	investigations that require the attendance and testimony of 556
834		-	witnesses as well as the production of evidence. Subpoenas 557
835		-	issued by a licensing authority in a member state for the 558
836		-	attendance and testimony of witnesses or the production of 559
837		-	evidence from another member state shall be enforced in the 560
838		-	latter state by any court of competent jurisdiction, according 561
839		-	to the practice and procedure of that court applicable to 562
840		-	subpoenas issued in proceedings pending before it. The issuing 563
841		-	licensing authority shall pay any witness fees, travel expenses, 564
842		-	mileage, and other fees required by the service statutes of the 565
843		-	state in which the witnesses or evidence are located. 566
844		-	(b) Only the home state shall have the power to take 567
845		-	adverse action against a regul ated social worker's multistate 568
846		-	license. 569
847		-	(2) For purposes of taking adverse action, the home state 570
848		-	shall give the same priority and effect to reported conduct 571
849		-	received from a member state as it would if the conduct had 572
850		-	occurred within the home state. In so doing, the home state 573
851		-	shall apply its own state laws to determine appropriate action. 574
852		-	(3) The home state shall complete any pending 575
853		-
854		-	CS/HB 27 2025
855		-
856		-
857		-
858		-	CODING: Words stricken are deletions; words underlined are additions.
859		-	hb27-01-c1
860		-	Page 24 of 62
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		-
863		-
864		-
865		-	investigations of a regulated social worker who changes his or 576
866		-	her home state during the course of the investigations. The home 577
867		-	state shall also have the authority to take appropriate actions 578
868		-	and shall promptly report the conclusions of the investigations 579
869		-	to the administrator of the data system. The administrator of 580
870		-	the data system shall promptly notify the new home state of any 581
871		-	adverse actions. 582
872		-	(4) A member state, if otherwise permitted by state law, 583
873		-	may recover from the affected regulated social worker the costs 584
874		-	of investigations and dispositions of cases resulting from any 585
875		-	adverse action taken against that regulated so cial worker. 586
876		-	(5) A member state may take adverse action based on the 587
877		-	factual findings of another member state, provided that the 588
878		-	member state follows its own procedures for taking the adverse 589
879		-	action. 590
880		-	(6)(a) In addition to the authority granted to a mem ber 591
881		-	state by its respective social work practice act or other 592
882		-	applicable state law, any member state may participate with 593
883		-	other member states in joint investigations of licensees. 594
884		-	(b) Member states shall share any investigative, 595
885		-	litigation, or compliance materials in furtherance of any joint 596
886		-	or individual investigation initiated under the compact. 597
887		-	(7) If adverse action is taken by the home state against 598
888		-	the multistate license of a regulated social worker, the 599
889		-	regulated social worker's multistate authori zation to practice 600
890		-
891		-	CS/HB 27 2025
892		-
893		-
894		-
895		-	CODING: Words stricken are deletions; words underlined are additions.
896		-	hb27-01-c1
897		-	Page 25 of 62
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		-
900		-
901		-
902		-	in all other member states shall be deactivated until all 601
903		-	encumbrances have been removed from the multistate license. All 602
904		-	home state disciplinary orders that impose adverse action 603
905		-	against the license of a regulated social worker shall in clude a 604
906		-	statement that the regulated social worker's multistate 605
907		-	authorization to practice is deactivated in all member states 606
908		-	until all conditions of the decision, order, or agreement are 607
909		-	satisfied. 608
910		-	(8) If a member state takes adverse action, it shall 609
911		-	promptly notify the administrator of the data system. The 610
912		-	administrator of the data system shall promptly notify the home 611
913		-	state and all other member states of any adverse actions by 612
914		-	remote states. 613
915		-	(9) This compact does not override a member state's 614
916		-	decision that participation in an alternative program may be 615
917		-	used in lieu of adverse action. 616
918		-	(10) This compact does not authorize a member state to 617
919		-	demand the issuance of subpoenas for attendance and testimony of 618
920		-	witnesses or the production of evidence from ano ther member 619
921		-	state for lawful actions within that member state. 620
922		-	(11) This compact does not authorize a member state to 621
923		-	impose discipline against a regulated social worker who holds a 622
924		-	multistate authorization to practice for lawful actions within 623
925		-	another member state. 624
926		-	625
927		-
928		-	CS/HB 27 2025
929		-
930		-
931		-
932		-	CODING: Words stricken are deletions; words underlined are additions.
933		-	hb27-01-c1
934		-	Page 26 of 62
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		-
937		-
938		-
939		-	ARTICLE X 626
940		-	ESTABLISHMENT OF SOCIAL WORK LICENSURE 627
941		-	COMPACT COMMISSION 628
942		-	629
943		-	(1) The compact member states hereby create and establish 630
944		-	a joint government agency whose membership consists of all 631
945		-	member states that have enacted the compact known as the Social 632
946		-	Work Licensure Compact Commission. The commission is an 633
947		-	instrumentality of the compact states acting jointly and not an 634
948		-	instrumentality of any one state. The commission shall come into 635
949		-	existence on or after the effective date of the compact as 636
950		-	provided in Article XIV. 637
951		-	(2)(a) Each member state shall have and be limited to one 638
952		-	delegate appointed by that member state's licensing authority. 639
953		-	The delegate shall be either: 640
954		-	1. A current member of the state licensing authority at 641
955		-	the time of appointme nt who is a regulated social worker or 642
956		-	public member of the state licensing authority; or 643
957		-	2. An administrator of the licensing authority or his or 644
958		-	her designee. 645
959		-	(b) The commission shall by rule or bylaw establish a term 646
960		-	of office for delegates and may by rule or bylaw establish term 647
961		-	limits. 648
962		-	(c) The commission may recommend removal or suspension of 649
963		-	any delegate from office. 650
964		-
965		-	CS/HB 27 2025
966		-
967		-
968		-
969		-	CODING: Words stricken are deletions; words underlined are additions.
970		-	hb27-01-c1
971		-	Page 27 of 62
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		-
974		-
975		-
976		-	(d) A member state's licensing authority shall fill any 651
977		-	vacancy of its delegate occurring on the commission within 60 652
978		-	days after the vacancy. 653
979		-	(e) Each delegate shall be entitled to one vote on all 654
980		-	matters before the commission requiring a vote by commission 655
981		-	delegates. 656
982		-	(f) A delegate shall vote in person or by such other means 657
983		-	as provided in the bylaws. The bylaws may provide fo r delegates 658
984		-	to meet by telecommunication, video conference, or other similar 659
985		-	electronic means. 660
986		-	(g) The commission shall meet at least once during each 661
987		-	calendar year. Additional meetings may be held as provided in 662
988		-	the bylaws. The commission may meet by te lecommunication, video 663
989		-	conference, or other similar electronic means. 664
990		-	(3) The commission shall have the following powers: 665
991		-	(a) Establish the fiscal year of the commission. 666
992		-	(b) Establish code of conduct and conflict of interest 667
993		-	policies. 668
994		-	(c) Establish and amend rules and bylaws. 669
995		-	(d) Maintain its financial records in accordance with the 670
996		-	bylaws. 671
997		-	(e) Meet and take such actions as are consistent with the 672
998		-	provisions of this compact, the commission's rules, and the 673
999		-	bylaws. 674
1000		-	(f) Initiate and conclude le gal proceedings or actions in 675
1001		-
1002		-	CS/HB 27 2025
1003		-
1004		-
1005		-
1006		-	CODING: Words stricken are deletions; words underlined are additions.
1007		-	hb27-01-c1
1008		-	Page 28 of 62
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		-
1011		-
1012		-
1013		-	the name of the commission, provided that the standing of any 676
1014		-	licensing authority to sue or be sued under applicable law may 677
1015		-	not be affected. 678
1016		-	(g) Maintain and certify records and information provided 679
1017		-	to a member state as the authenticated business records of the 680
1018		-	commission, and designate an agent to do so on the commission's 681
1019		-	behalf. 682
1020		-	(h) Purchase and maintain insurance and bonds. 683
1021		-	(i) Borrow, accept, or contract for services of personnel, 684
1022		-	including, but not limited to, empl oyees of a member state. 685
1023		-	(j) Conduct an annual financial review. 686
1024		-	(k) Hire employees, elect or appoint officers, fix 687
1025		-	compensation, define duties, grant such individuals appropriate 688
1026		-	authority to carry out the purposes of the compact, and 689
1027		-	establish the commission's personnel policies and programs 690
1028		-	relating to conflicts of interest, qualifications of personnel, 691
1029		-	and other related personnel matters. 692
1030		-	(l) Assess and collect fees. 693
1031		-	(m) Accept any and all appropriate gifts, donations, 694
1032		-	grants of money, other sou rces of revenue, equipment, supplies, 695
1033		-	materials, and services, and receive, utilize, and dispose of 696
1034		-	the same; provided that at all times the commission shall avoid 697
1035		-	any appearance of impropriety or conflict of interest. 698
1036		-	(n) Lease, purchase, retain, own, hold, improve, or use 699
1037		-	any property, real, personal, or mixed, or any undivided 700
1038		-
1039		-	CS/HB 27 2025
1040		-
1041		-
1042		-
1043		-	CODING: Words stricken are deletions; words underlined are additions.
1044		-	hb27-01-c1
1045		-	Page 29 of 62
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
1047		-
1048		-
1049		-
1050		-	interest therein. 701
1051		-	(o) Sell, convey, mortgage, pledge, lease, exchange, 702
1052		-	abandon, or otherwise dispose of any property, real, personal, 703
1053		-	or mixed. 704
1054		-	(p) Establish a budget and make expenditures. 705
1055		-	(q) Borrow money. 706
1056		-	(r) Appoint committees, including standing committees, 707
1057		-	composed of members, state regulators, state legislators or 708
1058		-	their representatives, consumer representatives, and such other 709
1059		-	interested persons as may be designated in this compact and the 710
1060		-	bylaws. 711
1061		-	(s) Provide and receive information from, and cooperate 712
1062		-	with, law enforcement agencies. 713
1063		-	(t) Establish and elect an executive committee, including 714
1064		-	a chair and a vice chair. 715
1065		-	(u) Determine whether a state's adopted language is 716
1066		-	materially different from the model compact language such that 717
1067		-	the state would not qualify for participation in the compact. 718
1068		-	(v) Perform such other functions as may be necessary or 719
1069		-	appropriate to achieve the pur poses of this compact. 720
1070		-	(4)(a) The executive committee shall have the power to act 721
1071		-	on behalf of the commission according to the terms of this 722
1072		-	compact. The powers, duties, and responsibilities of the 723
1073		-	executive committee shall include: 724
1074		-	1. Oversee the day-to-day activities of the administration 725
1075		-
1076		-	CS/HB 27 2025
1077		-
1078		-
1079		-
1080		-	CODING: Words stricken are deletions; words underlined are additions.
1081		-	hb27-01-c1
1082		-	Page 30 of 62
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
1084		-
1085		-
1086		-
1087		-	of the compact, including enforcement and compliance with the 726
1088		-	provisions of the compact, its rules and bylaws, and other such 727
1089		-	duties as deemed necessary. 728
1090		-	2. Recommend to the commission changes to the rules or 729
1091		-	bylaws, changes to this compact legislation, fees charged to 730
1092		-	compact member states, fees charged to licensees, and other 731
1093		-	fees. 732
1094		-	3. Ensure compact administration services are 733
1095		-	appropriately provided, including by contract. 734
1096		-	4. Prepare and recommend the budget. 735
1097		-	5. Maintain financial records on behalf of the commission. 736
1098		-	6. Monitor compact compliance of member states and provide 737
1099		-	compliance reports to the commission. 738
1100		-	7. Establish additional committees as necessary. 739
1101		-	8. Exercise the powers and duties of the co mmission during 740
1102		-	the interim between commission meetings, except for adopting or 741
1103		-	amending rules, adopting or amending bylaws, and exercising any 742
1104		-	other powers and duties reserved expressly for use by the 743
1105		-	commission by rule or bylaw. 744
1106		-	9. Other duties as prov ided in the rules or bylaws of the 745
1107		-	commission. 746
1108		-	(b) The executive committee shall be composed of up to 11 747
1109		-	members: 748
1110		-	1. The chair and vice chair of the commission shall be 749
1111		-	voting members of the executive committee. 750
1112		-
1113		-	CS/HB 27 2025
1114		-
1115		-
1116		-
1117		-	CODING: Words stricken are deletions; words underlined are additions.
1118		-	hb27-01-c1
1119		-	Page 31 of 62
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
1121		-
1122		-
1123		-
1124		-	2. The commission shall elect five vot ing members from the 751
1125		-	current membership of the commission. 752
1126		-	3. Up to four ex-officio, nonvoting members from four 753
1127		-	recognized national social work organizations, selected by their 754
1128		-	respective organizations. 755
1129		-	(c) The commission may remove any member of the executive 756
1130		-	committee as provided in the commission's bylaws. 757
1131		-	(d) The executive committee shall meet at least annually. 758
1132		-	1. Executive committee meetings shall be open to the 759
1133		-	public, except that the executive committee may meet in a 760
1134		-	closed, nonpublic meeti ng as provided in subsection (7). 761
1135		-	2. The executive committee shall give 7 days' notice of 762
1136		-	its meetings, posted on its website and as determined to provide 763
1137		-	notice to persons with an interest in the business of the 764
1138		-	commission. 765
1139		-	3. The executive committee may hold a special meeting in 766
1140		-	accordance with subsection (6). 767
1141		-	(5) The commission shall adopt and provide to the member 768
1142		-	states an annual report. 769
1143		-	(6) All meetings shall be open to the public, except that 770
1144		-	the commission may meet in a closed, nonpublic meeting as 771
1145		-	provided in subsection (7). 772
1146		-	(a) Public notice for all meetings of the full commission 773
1147		-	of meetings shall be given in the same manner as required under 774
1148		-	the rulemaking provisions in Article XII, except that the 775
1149		-
1150		-	CS/HB 27 2025
1151		-
1152		-
1153		-
1154		-	CODING: Words stricken are deletions; words underlined are additions.
1155		-	hb27-01-c1
1156		-	Page 32 of 62
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		-
1159		-
1160		-
1161		-	commission may hold a special meeti ng as provided in paragraph 776
1162		-	(b). 777
1163		-	(b) The commission may hold a special meeting when it must 778
1164		-	meet to conduct emergency business by giving 48 hours' notice to 779
1165		-	all commissioners, on the commission's website, and by other 780
1166		-	means as provided in the commission' s rules. The commission's 781
1167		-	legal counsel shall certify that the commission's need to meet 782
1168		-	qualifies as an emergency. 783
1169		-	(7)(a) The commission or the executive committee or other 784
1170		-	committee of the commission may convene in a closed, nonpublic 785
1171		-	meeting if the commission or the committee needs to receive 786
1172		-	legal advice or discuss any of the following: 787
1173		-	1. Noncompliance of a member state with its obligations 788
1174		-	under the compact. 789
1175		-	2. The employment, compensation, or discipline of, or 790
1176		-	other matters, practices, or proced ures related to, specific 791
1177		-	employees. 792
1178		-	3. Current or threatened discipline of a licensee by the 793
1179		-	commission or by a member state's licensing authority. 794
1180		-	4. Current, threatened, or reasonably anticipated 795
1181		-	litigation. 796
1182		-	5. Negotiation of contracts for the pur chase, lease, or 797
1183		-	sale of goods, services, or real estate. 798
1184		-	6. Accusing any person of a crime or formally censuring 799
1185		-	any person. 800
1186		-
1187		-	CS/HB 27 2025
1188		-
1189		-
1190		-
1191		-	CODING: Words stricken are deletions; words underlined are additions.
1192		-	hb27-01-c1
1193		-	Page 33 of 62
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
1195		-
1196		-
1197		-
1198		-	7. Trade secrets or commercial or financial information 801
1199		-	that is privileged or confidential. 802
1200		-	8. Information of a personal nature when disclosure would 803
1201		-	constitute a clearly unwarranted invasion of personal privacy. 804
1202		-	9. Investigative records compiled for law enforcement 805
1203		-	purposes. 806
1204		-	10. Information related to any investigative reports 807
1205		-	prepared by, or on behalf of or for the use of, the commission 808
1206		-	or other committee charged with responsibility of investigation 809
1207		-	or determination of compliance issues pursuant to the compact. 810
1208		-	11. Matters specifically exempted from disclosure by 811
1209		-	federal or member state law. 812
1210		-	12. Other matters as ad opted by commission rule. 813
1211		-	(b) If a meeting, or portion of a meeting, is closed, the 814
1212		-	presiding officer shall state that the meeting will be closed 815
1213		-	and reference each relevant exempting provision, and such 816
1214		-	reference shall be recorded in the minutes. 817
1215		-	(c) The commission shall keep minutes that fully and 818
1216		-	clearly describe all matters discussed in a meeting and shall 819
1217		-	provide a full and accurate summary of actions taken, and the 820
1218		-	reasons therefor, including a description of the views 821
1219		-	expressed. All documents con sidered in connection with an action 822
1220		-	shall be identified in such minutes. All minutes and documents 823
1221		-	of a closed meeting shall remain under seal, subject to release 824
1222		-	only by a majority vote of the commission or order of a court of 825
1223		-
1224		-	CS/HB 27 2025
1225		-
1226		-
1227		-
1228		-	CODING: Words stricken are deletions; words underlined are additions.
1229		-	hb27-01-c1
1230		-	Page 34 of 62
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		-
1233		-
1234		-
1235		-	competent jurisdiction. 826
1236		-	(8)(a) The commission shall pay, or provide for the 827
1237		-	payment of, the reasonable expenses of its establishment, 828
1238		-	organization, and ongoing activities. 829
1239		-	(b) The commission may accept any and all appropriate 830
1240		-	revenue sources as provided in paragraph (3)(m). 831
1241		-	(c) The commission may levy on and collect an annual 832
1242		-	assessment from each member state and impose fees on licensees 833
1243		-	of member states to whom it grants a multistate license to cover 834
1244		-	the cost of the operations and activities of the commission and 835
1245		-	its staff, which must be in a total amount sufficient to cover 836
1246		-	its annual budget as approved each year for which revenue is not 837
1247		-	provided by other sources. The aggregate annual assessment 838
1248		-	amount for member states shall be allocated based upon a formula 839
1249		-	that the commission shall adopt by rule. 840
1250		-	(d) The commission may not incur obligations of any kind 841
1251		-	prior to securing the funds adequate to meet the same; nor shall 842
1252		-	the commission pledge the credit of any of the member states, 843
1253		-	except by and with the authority of the member state. 844
1254		-	(e) The commission shall keep accurate accounts of all 845
1255		-	receipts and disbursements. The receipts and disbursements of 846
1256		-	the commission shall be subject to the financial review and 847
1257		-	accounting procedures established under its bylaws. However, all 848
1258		-	receipts and disbursements of funds handled by the commission 849
1259		-	shall be subject to an annual financial review by a certified or 850
1260		-
1261		-	CS/HB 27 2025
1262		-
1263		-
1264		-
1265		-	CODING: Words stricken are deletions; words underlined are additions.
1266		-	hb27-01-c1
1267		-	Page 35 of 62
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
1269		-
1270		-
1271		-
1272		-	licensed public accountant, and the report of the financial 851
1273		-	review shall be included in and become part of the annual report 852
1274		-	of the commission. 853
1275		-	(9)(a) The members, officers, executive director, 854
1276		-	employees, and representatives of the commission shall be immune 855
1277		-	from suit and liability, both personally and in their official 856
1278		-	capacity, for any claim for damage to or loss of property or 857
1279		-	personal injury or other civil liability caused by or arising 858
1280		-	out of any actual or alleged act, error, or omission that 859
1281		-	occurred, or that the person against whom the claim is made had 860
1282		-	a reasonable basis for believing occurred within the scope of 861
1283		-	commission employment, duties, or responsibilities; provided 862
1284		-	that this paragraph does not protect any such person from suit 863
1285		-	or liability for any damage, loss, injury, or liability caused 864
1286		-	by the intentional or willful or wanton misconduct of that 865
1287		-	person. The procurement of insurance of any type by the 866
1288		-	commission may not in any way compromise or limit the immunity 867
1289		-	granted hereunder. 868
1290		-	(b) The commission shall defend any member, officer, 869
1291		-	executive director, employee, and representative of the 870
1292		-	commission in any civil action seeking to impose liability 871
1293		-	arising out of any actual or alleged act, error, or omission 872
1294		-	that occurred within the scope of commission employment, duties, 873
1295		-	or responsibilities, or as determined by the commission that the 874
1296		-	person against whom the claim is made had a reasonable basis for 875
1297		-
1298		-	CS/HB 27 2025
1299		-
1300		-
1301		-
1302		-	CODING: Words stricken are deletions; words underlined are additions.
1303		-	hb27-01-c1
1304		-	Page 36 of 62
1305		-	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
1306		-
1307		-
1308		-
1309		-	believing occurred within the scope of commission employment, 876
1310		-	duties, or responsibilities; provided that nothing herein shall 877
1311		-	be construed to prohibit that person from retaining his or her 878
1312		-	own counsel at his or her own expense; and provided further that 879
1313		-	the actual or alleged act, error, or omission did not result 880
1314		-	from the intentional or willful or wanton misconduct of that 881
1315		-	person. 882
1316		-	(c) The commission shall indemnify and hold harmless any 883
1317		-	member, officer, executive director, empl oyee, and 884
1318		-	representative of the commission for the amount of any 885
1319		-	settlement or judgment obtained against that person arising out 886
1320		-	of any actual or alleged act, error, or omission that occurred 887
1321		-	within the scope of commission employment, duties, or 888
1322		-	responsibilities, or, as determined by the commission, that the 889
1323		-	person against whom the claim is made had a reasonable basis for 890
1324		-	believing occurred within the scope of commission employment, 891
1325		-	duties, or responsibilities, provided that the actual or alleged 892
1326		-	act, error, or omission did not result from the intentional or 893
1327		-	willful or wanton misconduct of that person. 894
1328		-	(d) Nothing herein shall be construed as a limitation on 895
1329		-	the liability of any licensee for professional malpractice or 896
1330		-	misconduct, which shall be governed s olely by any other 897
1331		-	applicable state laws. 898
1332		-	(e) This compact may not be interpreted to waive or 899
1333		-	otherwise abrogate a member state's state action immunity or 900
1334		-
1335		-	CS/HB 27 2025
1336		-
1337		-
1338		-
1339		-	CODING: Words stricken are deletions; words underlined are additions.
1340		-	hb27-01-c1
1341		-	Page 37 of 62
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		-
1344		-
1345		-
1346		-	state action affirmative defense with respect to antitrust 901
1347		-	claims under the Sherman Antitrust Act, Clayton Antitrust Act of 902
1348		-	1914, or any other state or federal antitrust or anticompetitive 903
1349		-	law or regulation. 904
1350		-	(f) This compact may not be construed to be a waiver of 905
1351		-	sovereign immunity by the member states or by the commission. 906
1352		-	907
1353		-	ARTICLE XI 908
1354		-	DATA SYSTEM 909
1355		-	910
1356		-	(1) The commission shall provide for the development, 911
1357		-	maintenance, operation, and utilization of a coordinated data 912
1358		-	system. 913
1359		-	(2) The commission shall assign each applicant for a 914
1360		-	multistate license a unique identifier, as determined by the 915
1361		-	rules of the commission. 916
1362		-	(3) Notwithstanding any other provision of state law to 917
1363		-	the contrary, a member state shall submit a uniform data set to 918
1364		-	the data system on all individuals to whom this compact is 919
1365		-	applicable as required by the rules of the commission, 920
1366		-	including: 921
1367		-	(a) Identifying information. 922
1368		-	(b) Licensure data. 923
1369		-	(c) Adverse actions against a license and information 924
1370		-	related thereto. 925
1371		-
1372		-	CS/HB 27 2025
1373		-
1374		-
1375		-
1376		-	CODING: Words stricken are deletions; words underlined are additions.
1377		-	hb27-01-c1
1378		-	Page 38 of 62
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		-
1381		-
1382		-
1383		-	(d) Nonconfidential information related to alternative 926
1384		-	program participation, the beginning and ending dates of such 927
1385		-	participation, and other information related to such 928
1386		-	participation not made confidential under member state law. 929
1387		-	(e) Any denial of application for licensure, and the 930
1388		-	reason for such denial. 931
1389		-	(f) The presence of current significant investigative 932
1390		-	information. 933
1391		-	(g) Other information that may facilitate the 934
1392		-	administration of this compact or the protection of the public, 935
1393		-	as determined by the rules of the commission. 936
1394		-	(4) The records and information provided to a member state 937
1395		-	pursuant to this compact or through the da ta system, when 938
1396		-	certified by the commission or an agent thereof, shall 939
1397		-	constitute the authenticated business records of the commission, 940
1398		-	and shall be entitled to any associated hearsay exception in any 941
1399		-	relevant judicial, quasi -judicial, or administrative pr oceedings 942
1400		-	in a member state. 943
1401		-	(5)(a) Current significant investigative information 944
1402		-	pertaining to a licensee in any member state will only be 945
1403		-	available to other member states. 946
1404		-	(b) It is the responsibility of the member states to 947
1405		-	report any adverse action against a licensee and to monitor the 948
1406		-	database to determine whether adverse action has been taken 949
1407		-	against a licensee. Adverse action information pertaining to a 950
1408		-
1409		-	CS/HB 27 2025
1410		-
1411		-
1412		-
1413		-	CODING: Words stricken are deletions; words underlined are additions.
1414		-	hb27-01-c1
1415		-	Page 39 of 62
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
1417		-
1418		-
1419		-
1420		-	licensee in any member state will be available to any other 951
1421		-	member state. 952
1422		-	(6) Member states contributing information to the data 953
1423		-	system may designate information that may not be shared with the 954
1424		-	public without the express permission of the contributing state. 955
1425		-	(7) Any information submitted to the data system that is 956
1426		-	subsequently expunged pursuant to federal law or the laws of the 957
1427		-	member state contributing the information shall be removed from 958
1428		-	the data system. 959
1429		-	960
1430		-	ARTICLE XII 961
1431		-	RULEMAKING 962
1432		-	963
1433		-	(1) The commission shall adopt reasonable rules in order 964
1434		-	to effectively and efficiently implement and administer the 965
1435		-	purposes and provisions of the compact. A rule shall be invalid 966
1436		-	and have no force or effect only if a court of competent 967
1437		-	jurisdiction holds that the rule is invalid because the 968
1438		-	commission exercised its rulemaking authority in a manner that 969
1439		-	is beyond the scope and purposes of the compact, or the powers 970
1440		-	granted hereunder, or based upon another applicable standard of 971
1441		-	review. 972
1442		-	(2) The rules of the commission shall have the force of 973
1443		-	law in each member state; however, if the rules of the 974
1444		-	commission conflict with the laws, regulations, and applicable 975
1445		-
1446		-	CS/HB 27 2025
1447		-
1448		-
1449		-
1450		-	CODING: Words stricken are deletions; words underlined are additions.
1451		-	hb27-01-c1
1452		-	Page 40 of 62
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		-
1455		-
1456		-
1457		-	standards that govern the practice of social work as held by a 976
1458		-	court of competent jurisdiction, the rules of the commission are 977
1459		-	ineffective in that state to the extent of the conflict. 978
1460		-	(3) The commission shall e xercise its rulemaking powers 979
1461		-	pursuant to the criteria provided in this section and the rules 980
1462		-	adopted thereunder. Rules shall become binding on the day 981
1463		-	following adoption or the date specified in the rule or 982
1464		-	amendment, whichever is later. 983
1465		-	(4) If a majority of the legislatures of the member states 984
1466		-	rejects a rule or portion of a rule, by enactment of a statute 985
1467		-	or resolution in the same manner used to adopt the compact 986
1468		-	within 4 years after the date of adoption of the rule, then such 987
1469		-	rule shall have no furthe r force and effect in any member state. 988
1470		-	(5) Rules shall be adopted at a regular or special meeting 989
1471		-	of the commission. 990
1472		-	(6) Before adoption of a proposed rule, the commission 991
1473		-	shall hold a public hearing and allow persons to provide oral 992
1474		-	and written comments, data, facts, opinions, and arguments. 993
1475		-	(7) Before adoption of a proposed rule by the commission, 994
1476		-	and at least 30 days in advance of the meeting at which the 995
1477		-	commission will hold a public hearing on the proposed rule, the 996
1478		-	commission shall provide a notice of proposed rulemaking: 997
1479		-	(a) On the website of the commission or other publicly 998
1480		-	accessible platform. 999
1481		-	(b) To persons who have requested notice of the 1000
1482		-
1483		-	CS/HB 27 2025
1484		-
1485		-
1486		-
1487		-	CODING: Words stricken are deletions; words underlined are additions.
1488		-	hb27-01-c1
1489		-	Page 41 of 62
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		-
1492		-
1493		-
1494		-	commission's notices of proposed rulemaking. 1001
1495		-	(c) In such other way as the commission may by rule 1002
1496		-	specify. 1003
1497		-	(8) The notice of proposed rulemaking shall include: 1004
1498		-	(a) The time, date, and location of the public hearing at 1005
1499		-	which the commission will hear public comments on the proposed 1006
1500		-	rule and, if different, the time, date, and location of the 1007
1501		-	meeting where the commission will consider and vote on the 1008
1502		-	proposed rule. 1009
1503		-	(b) If the hearing is held via telecommunication, video 1010
1504		-	conference, or other similar electronic means, the commission 1011
1505		-	shall include the mechanism for access to the hearing in the 1012
1506		-	notice of proposed rulemaking. 1013
1507		-	(c) The text of the proposed rule and the reason therefor. 1014
1508		-	(d) A request for comments on the proposed rule from any 1015
1509		-	interested person. 1016
1510		-	(e) The manner in which interested persons may submit 1017
1511		-	written comments. 1018
1512		-	(9) All hearings will be recorded. A copy of the recording 1019
1513		-	and all written comments and documents received by the 1020
1514		-	commission in response to the proposed rule shall be available 1021
1515		-	to the public. 1022
1516		-	(10) This section does not require a separate hearing on 1023
1517		-	each rule. Rules may be grouped for the convenience of the 1024
1518		-	commission at hearings required by this section. 1025
1519		-
1520		-	CS/HB 27 2025
1521		-
1522		-
1523		-
1524		-	CODING: Words stricken are deletions; words underlined are additions.
1525		-	hb27-01-c1
1526		-	Page 42 of 62
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		-
1529		-
1530		-
1531		-	(11) The commission shall, by majority vote of all 1026
1532		-	members, take final action on the proposed rule based on the 1027
1533		-	rulemaking record and the full text of the rule. 1028
1534		-	(a) The commission may adopt changes to the proposed rule 1029
1535		-	provided the changes do not enlarge the original purpose of the 1030
1536		-	proposed rule. 1031
1537		-	(b) The commission shall provide an explanation of the 1032
1538		-	reasons for substantive changes made to the proposed rule as 1033
1539		-	well as reasons for substantive changes not made that were 1034
1540		-	recommended by commenters. 1035
1541		-	(c) The commission shall determine a reasonable effective 1036
1542		-	date for the rule. Except for an emergency as provided in 1037
1543		-	subsection (12), the effective date of the rule shal l be no 1038
1544		-	sooner than 30 days after issuing the notice that the commission 1039
1545		-	adopted or amended the rule. 1040
1546		-	(12) Upon determination that an emergency exists, the 1041
1547		-	commission may consider and adopt an emergency rule with 48 1042
1548		-	hours' notice, with opportunity to com ment, provided that the 1043
1549		-	usual rulemaking procedures provided in the compact and in this 1044
1550		-	section shall be retroactively applied to the rule as soon as 1045
1551		-	reasonably possible, but in no event later than 90 days after 1046
1552		-	the effective date of the rule. For the purp oses of this 1047
1553		-	subsection, an emergency rule is one that must be adopted 1048
1554		-	immediately in order to: 1049
1555		-	(a) Meet an imminent threat to public health, safety, or 1050
1556		-
1557		-	CS/HB 27 2025
1558		-
1559		-
1560		-
1561		-	CODING: Words stricken are deletions; words underlined are additions.
1562		-	hb27-01-c1
1563		-	Page 43 of 62
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		-
1566		-
1567		-
1568		-	welfare; 1051
1569		-	(b) Prevent a loss of commission or member state funds; 1052
1570		-	(c) Meet a deadline for the adop tion of a rule that is 1053
1571		-	established by federal law or rule; or 1054
1572		-	(d) Protect public health and safety. 1055
1573		-	(13) The commission or an authorized committee of the 1056
1574		-	commission may direct revisions to a previously adopted rule for 1057
1575		-	purposes of correcting typographi cal errors, errors in format, 1058
1576		-	errors in consistency, or grammatical errors. Public notice of 1059
1577		-	any revisions shall be posted on the website of the commission. 1060
1578		-	The revision shall be subject to challenge by any person for a 1061
1579		-	period of 30 days after posting. The revision may be challenged 1062
1580		-	only on grounds that the revision results in a material change 1063
1581		-	to a rule. A challenge shall be made in writing and delivered to 1064
1582		-	the commission prior to the end of the notice period. If no 1065
1583		-	challenge is made, the revision will tak e effect without further 1066
1584		-	action. If the revision is challenged, the revision may not take 1067
1585		-	effect without the approval of the commission. 1068
1586		-	(14) No member state's rulemaking requirements shall apply 1069
1587		-	under this compact. 1070
1588		-	1071
1589		-	ARTICLE XIII 1072
1590		-	OVERSIGHT, DISPUTE RESOL UTION, AND ENFORCEMENT 1073
1591		-	1074
1592		-	(1)(a) The executive and judicial branches of state 1075
1593		-
1594		-	CS/HB 27 2025
1595		-
1596		-
1597		-
1598		-	CODING: Words stricken are deletions; words underlined are additions.
1599		-	hb27-01-c1
1600		-	Page 44 of 62
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		-
1603		-
1604		-
1605		-	government in each member state shall enforce this compact and 1076
1606		-	take all actions necessary and appropriate to implement the 1077
1607		-	compact. 1078
1608		-	(b) Except as otherwise provided in this compact, venue is 1079
1609		-	proper and judicial proceedings by or against the commission 1080
1610		-	shall be brought solely and exclusively in a court of competent 1081
1611		-	jurisdiction where the principal office of the commission is 1082
1612		-	located. The commission may waive venue and jurisdic tional 1083
1613		-	defenses to the extent it adopts or consents to participate in 1084
1614		-	alternative dispute resolution proceedings. Nothing herein shall 1085
1615		-	affect or limit the selection or propriety of venue in any 1086
1616		-	action against a licensee for professional malpractice, 1087
1617		-	misconduct, or any such similar matter. 1088
1618		-	(c) The commission shall be entitled to receive service of 1089
1619		-	process in any proceeding regarding the enforcement or 1090
1620		-	interpretation of the compact and shall have standing to 1091
1621		-	intervene in such a proceeding for all purposes. Failure to 1092
1622		-	provide the commission service of process shall render a 1093
1623		-	judgment or order void as to the commission, this compact, or 1094
1624		-	adopted rules. 1095
1625		-	(2)(a) If the commission determines that a member state 1096
1626		-	has defaulted in the performance of its obligations o r 1097
1627		-	responsibilities under this compact or the adopted rules, the 1098
1628		-	commission shall provide written notice to the defaulting state. 1099
1629		-	The notice of default shall describe the default, the proposed 1100
1630		-
1631		-	CS/HB 27 2025
1632		-
1633		-
1634		-
1635		-	CODING: Words stricken are deletions; words underlined are additions.
1636		-	hb27-01-c1
1637		-	Page 45 of 62
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		-
1640		-
1641		-
1642		-	means of curing the default, and any other action that the 1101
1643		-	commission may take, and shall offer training and specific 1102
1644		-	technical assistance regarding the default. 1103
1645		-	(b) The commission shall provide a copy of the notice of 1104
1646		-	default to the other member states. 1105
1647		-	(3) If a state in default fails to cure the default, the 1106
1648		-	defaulting state may be terminated from the compact upon an 1107
1649		-	affirmative vote of a majority of the delegates of the member 1108
1650		-	states, and all rights, privileges, and benefits conferred on 1109
1651		-	that state by this compact may be terminated on the effective 1110
1652		-	date of termination. A cure of the default does not relieve the 1111
1653		-	offending state of obligations or liabilities incurred during 1112
1654		-	the period of default. 1113
1655		-	(4) Termination of membership in the compact shall be 1114
1656		-	imposed only after all other means of securing compliance have 1115
1657		-	been exhausted. Notice of intent to suspend or terminate shall 1116
1658		-	be given by the commission to the Governor, the majority and 1117
1659		-	minority leaders of the defaulting state's legislature, the 1118
1660		-	defaulting state's state licensing authority, and the licensing 1119
1661		-	authority of each member state. 1120
1662		-	(5) A state that has been terminated is responsible for 1121
1663		-	all assessments, obligations, and liabilities incurred through 1122
1664		-	the effective date of termination, including obligations that 1123
1665		-	extend beyond the effective date of termination. 1124
1666		-	(6) Upon the termination of a state's membership from this 1125
1667		-
1668		-	CS/HB 27 2025
1669		-
1670		-
1671		-
1672		-	CODING: Words stricken are deletions; words underlined are additions.
1673		-	hb27-01-c1
1674		-	Page 46 of 62
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		-
1677		-
1678		-
1679		-	compact, that state shall immediately provide notice to all 1126
1680		-	licensees within that state of such termination. The terminated 1127
1681		-	state shall continue to recognize all licenses granted pursuant 1128
1682		-	to this compact for a minimum of 6 months after the date of said 1129
1683		-	notice of termination. 1130
1684		-	(7) The commission may not bear any costs related to a 1131
1685		-	state that is found to be in default or that has been terminated 1132
1686		-	from the compact, unless agreed upon in writing between the 1133
1687		-	commission and the defaulting state. 1134
1688		-	(8) The defaulting state may appeal the action of the 1135
1689		-	commission by petitioning the United States District Court for 1136
1690		-	the District of Columbia or the federal district where the 1137
1691		-	commission has its principal offices . The prevailing party shall 1138
1692		-	be awarded all costs of such litigation, including reasonable 1139
1693		-	attorney fees. 1140
1694		-	(9)(a) Upon request by a member state, the commission 1141
1695		-	shall attempt to resolve disputes related to the compact that 1142
1696		-	arise among member states and be tween member and nonmember 1143
1697		-	states. 1144
1698		-	(b) The commission shall adopt a rule providing for both 1145
1699		-	mediation and binding dispute resolution for disputes as 1146
1700		-	appropriate. 1147
1701		-	(10)(a) By majority vote as provided by rule, the 1148
1702		-	commission may initiate legal action aga inst a member state in 1149
1703		-	default in the United States District Court for the District of 1150
1704		-
1705		-	CS/HB 27 2025
1706		-
1707		-
1708		-
1709		-	CODING: Words stricken are deletions; words underlined are additions.
1710		-	hb27-01-c1
1711		-	Page 47 of 62
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		-
1714		-
1715		-
1716		-	Columbia or the federal district where the commission has its 1151
1717		-	principal offices to enforce compliance with the provisions of 1152
1718		-	the compact and its adopted rules. The relie f sought may include 1153
1719		-	both injunctive relief and damages. In the event judicial 1154
1720		-	enforcement is necessary, the prevailing party shall be awarded 1155
1721		-	all costs of such litigation, including reasonable attorney 1156
1722		-	fees. The remedies herein may not be the exclusive re medies of 1157
1723		-	the commission. The commission may pursue any other remedies 1158
1724		-	available under federal or the defaulting member state's law. 1159
1725		-	(b) A member state may initiate legal action against the 1160
1726		-	commission in the United States District Court for the District 1161
1727		-	of Columbia or the federal district where the commission has its 1162
1728		-	principal offices to enforce compliance with the provisions of 1163
1729		-	the compact and its adopted rules. The relief sought may include 1164
1730		-	both injunctive relief and damages. In the event judicial 1165
1731		-	enforcement is necessary, the prevailing party shall be awarded 1166
1732		-	all costs of such litigation, including reasonable attorney 1167
1733		-	fees. 1168
1734		-	(c) Only a member state may enforce this compact against 1169
1735		-	the commission. 1170
1736		-	1171
1737		-	ARTICLE XIV 1172
1738		-	EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 1173
1739		-	1174
1740		-	(1) The compact shall come into effect on the date on 1175
1741		-
1742		-	CS/HB 27 2025
1743		-
1744		-
1745		-
1746		-	CODING: Words stricken are deletions; words underlined are additions.
1747		-	hb27-01-c1
1748		-	Page 48 of 62
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		-
1751		-
1752		-
1753		-	which the compact statute is enacted into law in the seventh 1176
1754		-	member state. 1177
1755		-	(2)(a) On or after the effective date of the compact, the 1178
1756		-	commission shall convene and review the enactment of each of the 1179
1757		-	first seven charter member states to determine if the statute 1180
1758		-	enacted by each such charter member state is materially 1181
1759		-	different than the model compact statute. 1182
1760		-	1. A charter member state whose enactment is found to be 1183
1761		-	materially different from the model c ompact statute shall be 1184
1762		-	entitled to the default process provided in Article XIII. 1185
1763		-	2. If any member state is later found to be in default, or 1186
1764		-	is terminated or withdraws from the compact, the commission 1187
1765		-	shall remain in existence and the compact shall remai n in effect 1188
1766		-	even if the number of member states should be less than seven. 1189
1767		-	(b) Member states enacting the compact subsequent to the 1190
1768		-	seven initial charter member states shall be subject to the 1191
1769		-	process provided in paragraph (3)(u) of Article X to determine 1192
1770		-	if their enactments are materially different from the model 1193
1771		-	compact statute and whether they qualify for participation in 1194
1772		-	the compact. 1195
1773		-	(c) All actions taken for the benefit of the commission or 1196
1774		-	in furtherance of the purposes of the administration of the 1197
1775		-	compact prior to the effective date of the compact or the 1198
1776		-	commission coming into existence shall be considered to be 1199
1777		-	actions of the commission unless specifically repudiated by the 1200
1778		-
1779		-	CS/HB 27 2025
1780		-
1781		-
1782		-
1783		-	CODING: Words stricken are deletions; words underlined are additions.
1784		-	hb27-01-c1
1785		-	Page 49 of 62
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		-
1788		-
1789		-
1790		-	commission. 1201
1791		-	(d) Any state that joins the compact subsequent to the 1202
1792		-	commission's initial adoption of the rules and bylaws shall be 1203
1793		-	subject to the rules and bylaws as they exist on the date on 1204
1794		-	which the compact becomes law in that state. Any rule that has 1205
1795		-	been previously adopted by the commission shall have the full 1206
1796		-	force and effect of law on the day the compact becomes law in 1207
1797		-	that state. 1208
1798		-	(3) Any member state may withdraw from this compact by 1209
1799		-	enacting a statute repealing the same. 1210
1800		-	(a) A member state's withdrawal may not take effect until 1211
1801		-	180 days after enactment of the repealing statute. 1212
1802		-	(b) Withdrawal may not affect the continuing requirement 1213
1803		-	of the withdrawing state's licensing authority to comply with 1214
1804		-	the investigative and adverse action reporting requirements of 1215
1805		-	this compact before the effective date of withdrawal. 1216
1806		-	(c) Upon the enactment of a statute withdrawing from this 1217
1807		-	compact, a state shall immediately provide notice of such 1218
1808		-	withdrawal to all licensees within that state. Notwithstanding 1219
1809		-	any subsequent statutory enactment to the contrary, such 1220
1810		-	withdrawing state shall continue to recognize all licenses 1221
1811		-	granted pursuant to this compact for a minimum of 180 days after 1222
1812		-	the date of such notice of withdrawal. 1223
1813		-	(4) This compact does not invalidate or prevent any 1224
1814		-	licensure agreement or other cooperative arrangement bet ween a 1225
1815		-
1816		-	CS/HB 27 2025
1817		-
1818		-
1819		-
1820		-	CODING: Words stricken are deletions; words underlined are additions.
1821		-	hb27-01-c1
1822		-	Page 50 of 62
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		-
1825		-
1826		-
1827		-	member state and a nonmember state that does not conflict with 1226
1828		-	the provisions of this compact. 1227
1829		-	(5) This compact may be amended by the member states. Any 1228
1830		-	amendment to this compact is not effective and binding upon any 1229
1831		-	member state until it is enact ed into the laws of all member 1230
1832		-	states. 1231
1833		-	1232
1834		-	ARTICLE XV 1233
1835		-	CONSTRUCTION AND SEVERABILITY 1234
1836		-	1235
1837		-	(1) This compact and the commission's rulemaking authority 1236
1838		-	shall be liberally construed so as to effectuate the purposes 1237
1839		-	and the implementation and administration of the co mpact. 1238
1840		-	Provisions of the compact expressly authorizing or requiring the 1239
1841		-	adoption of rules may not be construed to limit the commission's 1240
1842		-	rulemaking authority solely for those purposes. 1241
1843		-	(2) The provisions of this compact shall be severable and 1242
1844		-	if any phrase, clause, sentence, or provision of this compact is 1243
1845		-	held by a court of competent jurisdiction to be contrary to the 1244
1846		-	constitution of any member state, a state seeking participation 1245
1847		-	in the compact, or of the United states, or the application 1246
1848		-	thereof to any government, agency, person, or circumstance is 1247
1849		-	held to be unconstitutional by a court of competent 1248
1850		-	jurisdiction, the validity of the remainder of this compact and 1249
1851		-	the applicability thereof to any other government, agency, 1250
1852		-
1853		-	CS/HB 27 2025
1854		-
1855		-
1856		-
1857		-	CODING: Words stricken are deletions; words underlined are additions.
1858		-	hb27-01-c1
1859		-	Page 51 of 62
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		-	person, or circumstance may not b e affected thereby. 1251
1865		-	(3) Notwithstanding subsection (2), the commission may 1252
1866		-	deny a state's participation in the compact or, in accordance 1253
1867		-	with the requirements of subsection (3) of Article XIII, 1254
1868		-	terminate a member state's participation in the compact, if it 1255
1869		-	determines that a constitutional requirement of a member state 1256
1870		-	is a material departure from the compact. Otherwise, if this 1257
1871		-	compact shall be held to be contrary to the constitution of any 1258
1872		-	member state, the compact shall remain in full force and effect 1259
1873		-	as to the remaining member states and in full force and effect 1260
1874		-	as to the member state affected as to all severable matters. 1261
1875		-	1262
1876		-	ARTICLE XVI 1263
1877		-	CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1264
1878		-	1265
1879		-	(1) A licensee providing services in a remote state under 1266
1880		-	a multistate authorization to practice shall adhere to the laws 1267
1881		-	and regulations, including laws, regulations, and applicable 1268
1882		-	standards, of the remote state where the client is located at 1269
1883		-	the time care is rendered. 1270
1884		-	(2) Nothing herein shall prevent or inhibit th e 1271
1885		-	enforcement of any other law of a member state that is not 1272
1886		-	inconsistent with the compact. 1273
1887		-	(3) Any laws, statutes, regulations, or other legal 1274
1888		-	requirements in a member state in conflict with the compact are 1275
1889		-
1890		-	CS/HB 27 2025
1891		-
1892		-
1893		-
1894		-	CODING: Words stricken are deletions; words underlined are additions.
1895		-	hb27-01-c1
1896		-	Page 52 of 62
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		-	superseded to the extent of the conflict. 1276
1902		-	(4) All permissible agreements between the commission and 1277
1903		-	the member states are binding in accordance with their terms. 1278
1904		-	Section 2. Subsection (10) of section 456.073, Florida 1279
1905		-	Statutes, is amended to read: 1280
1906		-	456.073 Disciplinary proceedings. —Disciplinary proceedings 1281
1907		-	for each board shall be within the jurisdiction of the 1282
1908		-	department. 1283
1909		-	(10)(a) The complaint and all information obtained 1284
1910		-	pursuant to the investigation by the department are confidential 1285
1911		-	and exempt from s. 119.07(1) until 10 days after probable c ause 1286
1912		-	has been found to exist by the probable cause panel or by the 1287
1913		-	department, or until the regulated professional or subject of 1288
1914		-	the investigation waives his or her privilege of 1289
1915		-	confidentiality, whichever occurs first. 1290
1916		-	(b) The department shall report any significant 1291
1917		-	investigative investigation information relating to a nurse 1292
1918		-	holding a multistate license to the coordinated licensure 1293
1919		-	information system pursuant to s. 464.0095; any investigative 1294
1920		-	information relating to an audiologist or a speech -language 1295
1921		-	pathologist holding a compact privilege under the Audiology and 1296
1922		-	Speech-Language Pathology Interstate Compact to the data system 1297
1923		-	pursuant to s. 468.1335; any investigative information relating 1298
1924		-	to a physical therapist or physical therapist assistant holding 1299
1925		-	a compact privilege under the Physical Therapy Licensure Compact 1300
1926		-
1927		-	CS/HB 27 2025
1928		-
1929		-
1930		-
1931		-	CODING: Words stricken are deletions; words underlined are additions.
1932		-	hb27-01-c1
1933		-	Page 53 of 62
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		-	to the data system pursuant to s. 486.112; any investigative 1301
1939		-	significant investigatory information relating to a psychologist 1302
1940		-	practicing under the Psychology Interjurisdictional Compact to 1303
1941		-	the coordinated licensure information system pursuant to s. 1304
1942		-	490.0075; and any significant investigative investigatory 1305
1943		-	information relating to a health care practitioner practicing 1306
1944		-	under the Professional Counselors Licensure Compact to the data 1307
1945		-	system pursuant to s. 491.017; and any investigative information 1308
1946		-	relating to a clinical social worker practicing under the Social 1309
1947		-	Work Licensure Interstate Compact to the data system pursuant to 1310
1948		-	s. 491.022. 1311
1949		-	(c) Upon completion of the investigation and a 1312
1950		-	recommendation by the department to find probable cause, and 1313
1951		-	pursuant to a written request by the subject or the subject's 1314
1952		-	attorney, the department shall provide the subject an 1315
1953		-	opportunity to inspect the investigative file or, at the 1316
1954		-	subject's expense, forward to the subje ct a copy of the 1317
1955		-	investigative file. Notwithstanding s. 456.057, the subject may 1318
1956		-	inspect or receive a copy of any expert witness report or 1319
1957		-	patient record connected with the investigation if the subject 1320
1958		-	agrees in writing to maintain the confidentiality of a ny 1321
1959		-	information received under this subsection until 10 days after 1322
1960		-	probable cause is found and to maintain the confidentiality of 1323
1961		-	patient records pursuant to s. 456.057. The subject may file a 1324
1962		-	written response to the information contained in the 1325
1963		-
1964		-	CS/HB 27 2025
1965		-
1966		-
1967		-
1968		-	CODING: Words stricken are deletions; words underlined are additions.
1969		-	hb27-01-c1
1970		-	Page 54 of 62
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		-	investigative file. Such response must be filed within 20 days 1326
1976		-	after of mailing by the department, unless an extension of time 1327
1977		-	has been granted by the department. 1328
1978		-	(d) This subsection does not prohibit the department from 1329
1979		-	providing the complaint and any information obtained pursuant to 1330
1980		-	the department's investigation to any law enforcement agency or 1331
1981		-	to any other regulatory agency. 1332
1982		-	Section 3. Subsection (5) of section 456.076, Florida 1333
1983		-	Statutes, is amended to read: 1334
1984		-	456.076 Impaired practitioner programs. — 1335
1985		-	(5) A consultant shall enter into a participant contract 1336
1986		-	with an impaired practitioner and shall establish the terms of 1337
1987		-	monitoring and shall include the terms in a participant 1338
1988		-	contract. In establishing the terms of monitoring, the 1339
1989		-	consultant may consider the recommendations of one or more 1340
1990		-	approved evaluators, treatment programs, or treatment providers. 1341
1991		-	A consultant may modify the terms of monitoring if the 1342
1992		-	consultant concludes, through the course of monitoring, that 1343
1993		-	extended, additional, or amended terms o f monitoring are 1344
1994		-	required for the protection of the health, safety, and welfare 1345
1995		-	of the public. If the impaired practitioner is an audiologist or 1346
1996		-	a speech-language pathologist practicing under the Audiology and 1347
1997		-	Speech-Language Pathology Interstate Compact p ursuant to s. 1348
1998		-	468.1335, a physical therapist or physical therapist assistant 1349
1999		-	practicing under the Physical Therapy Licensure Compact pursuant 1350
2000		-
2001		-	CS/HB 27 2025
2002		-
2003		-
2004		-
2005		-	CODING: Words stricken are deletions; words underlined are additions.
2006		-	hb27-01-c1
2007		-	Page 55 of 62
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		-	to s. 486.112, a psychologist practicing under the Psychology 1351
2013		-	Interjurisdictional Compact pursuant to s. 490.0075, or a health 1352
2014		-	care practitioner practicing under the Professional Counselors 1353
2015		-	Licensure Compact pursuant to s. 491.017, or a clinical social 1354
2016		-	worker practicing under the Social Work Licensure Interstate 1355
2017		-	Compact pursuant to s. 491.022, the terms of the monitor ing 1356
2018		-	contract must include the impaired practitioner's withdrawal 1357
2019		-	from all practice under the compact unless authorized by a 1358
2020		-	member state. 1359
2021		-	Section 4. Subsection (9) is added to section 491.004, 1360
2022		-	Florida Statutes, to read: 1361
2023		-	491.004 Board of Clinical Soci al Work, Marriage and Family 1362
2024		-	Therapy, and Mental Health Counseling. — 1363
2025		-	(9) The board shall appoint an individual to serve as the 1364
2026		-	state's delegate on the Social Work Licensure Compact 1365
2027		-	Commission, as required under s. 491.022. 1366
2028		-	Section 5. Subsection (6) o f section 491.005, Florida 1367
2029		-	Statutes, is amended to read: 1368
2030		-	491.005 Licensure by examination. — 1369
2031		-	(6) EXEMPTIONS EXEMPTION.— 1370
2032		-	(a) A person licensed as a clinical social worker, 1371
2033		-	marriage and family therapist, or mental health counselor in 1372
2034		-	another state who is practicing under the Professional 1373
2035		-	Counselors Licensure Compact pursuant to s. 491.017, and only 1374
2036		-	within the scope provided therein, is exempt from the licensure 1375
2037		-
2038		-	CS/HB 27 2025
2039		-
2040		-
2041		-
2042		-	CODING: Words stricken are deletions; words underlined are additions.
2043		-	hb27-01-c1
2044		-	Page 56 of 62
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		-	requirements of this section, as applicable. 1376
2050		-	(b) A person licensed as a clinical social work er in 1377
2051		-	another state who is practicing under the Social Work Licensure 1378
2052		-	Interstate Compact pursuant to s. 491.022, and only within the 1379
2053		-	scope provided therein, is exempt from the licensure 1380
2054		-	requirements of this section, as applicable. 1381
2055		-	Section 6. Subsection (4) is added to section 491.006, 1382
2056		-	Florida Statutes, to read: 1383
2057		-	491.006 Licensure or certification by endorsement. — 1384
2058		-	(4) A person licensed as a clinical social worker in 1385
2059		-	another state who is practicing under the Social Work Licensure 1386
2060		-	Interstate Compact pur suant to s. 491.022, and only within the 1387
2061		-	scope provided therein, is exempt from the licensure 1388
2062		-	requirements of this section, as applicable. 1389
2063		-	Section 7. Subsection (1) of section 491.009, Florida 1390
2064		-	Statutes, is amended, and paragraph (c) is added to subsect ion 1391
2065		-	(2) of that section, to read: 1392
2066		-	491.009 Discipline. — 1393
2067		-	(1) The following acts constitute grounds for denial of a 1394
2068		-	license or disciplinary action, as specified in s. 456.072(2) , 1395
2069		-	or s. 491.017, or s. 491.022: 1396
2070		-	(a) Attempting to obtain, obtaining, or renewing a 1397
2071		-	license, registration, or certificate under this chapter by 1398
2072		-	bribery or fraudulent misrepresentation or through an error of 1399
2073		-	the board or the department. 1400
2074		-
2075		-	CS/HB 27 2025
2076		-
2077		-
2078		-
2079		-	CODING: Words stricken are deletions; words underlined are additions.
2080		-	hb27-01-c1
2081		-	Page 57 of 62
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		-	(b) Having a license, registration, or certificate to 1401
2087		-	practice a comparable profession revo ked, suspended, or 1402
2088		-	otherwise acted against, including the denial of certification 1403
2089		-	or licensure by another state, territory, or country. 1404
2090		-	(c) Being convicted or found guilty of, regardless of 1405
2091		-	adjudication, or having entered a plea of nolo contendere to, a 1406
2092		-	crime in any jurisdiction which directly relates to the practice 1407
2093		-	of his or her profession or the ability to practice his or her 1408
2094		-	profession. However, in the case of a plea of nolo contendere, 1409
2095		-	the board shall allow the person who is the subject of the 1410
2096		-	disciplinary proceeding to present evidence in mitigation 1411
2097		-	relevant to the underlying charges and circumstances surrounding 1412
2098		-	the plea. 1413
2099		-	(d) False, deceptive, or misleading advertising or 1414
2100		-	obtaining a fee or other thing of value on the representation 1415
2101		-	that beneficial results from any treatment will be guaranteed. 1416
2102		-	(e) Advertising, practicing, or attempting to practice 1417
2103		-	under a name other than one's own. 1418
2104		-	(f) Maintaining a professional association with any person 1419
2105		-	who the applicant, licensee, registered intern, or 1420
2106		-	certificateholder knows, or has reason to believe, is in 1421
2107		-	violation of this chapter or of a rule of the department or the 1422
2108		-	board. 1423
2109		-	(g) Knowingly aiding, assisting, procuring, or advising 1424
2110		-	any nonlicensed, nonregistered, or noncertified person to hold 1425
2111		-
2112		-	CS/HB 27 2025
2113		-
2114		-
2115		-
2116		-	CODING: Words stricken are deletions; words underlined are additions.
2117		-	hb27-01-c1
2118		-	Page 58 of 62
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		-	himself or herself out as licensed, registered, or certified 1426
2124		-	under this chapter. 1427
2125		-	(h) Failing to perform any statutory or legal obligation 1428
2126		-	placed upon a person licensed, registered, or certified under 1429
2127		-	this chapter. 1430
2128		-	(i) Willfully making or filing a false report or record; 1431
2129		-	failing to file a report or record required by state or federal 1432
2130		-	law; willfully impeding or obstructing the filing of a report or 1433
2131		-	record; or inducing another person to make or file a false 1434
2132		-	report or record or to impede or obstruct the filing of a r eport 1435
2133		-	or record. Such report or record includes only a report or 1436
2134		-	record which requires the signature of a person licensed, 1437
2135		-	registered, or certified under this chapter. 1438
2136		-	(j) Paying a kickback, rebate, bonus, or other 1439
2137		-	remuneration for receiving a patient or client, or receiving a 1440
2138		-	kickback, rebate, bonus, or other remuneration for referring a 1441
2139		-	patient or client to another provider of mental health care 1442
2140		-	services or to a provider of health care services or goods; 1443
2141		-	referring a patient or client to oneself for serv ices on a fee-1444
2142		-	paid basis when those services are already being paid for by 1445
2143		-	some other public or private entity; or entering into a 1446
2144		-	reciprocal referral agreement. 1447
2145		-	(k) Committing any act upon a patient or client which 1448
2146		-	would constitute sexual battery or whi ch would constitute sexual 1449
2147		-	misconduct as defined pursuant to s. 491.0111. 1450
2148		-
2149		-	CS/HB 27 2025
2150		-
2151		-
2152		-
2153		-	CODING: Words stricken are deletions; words underlined are additions.
2154		-	hb27-01-c1
2155		-	Page 59 of 62
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		-	(l) Making misleading, deceptive, untrue, or fraudulent 1451
2161		-	representations in the practice of any profession licensed, 1452
2162		-	registered, or certified under this chapter. 1453
2163		-	(m) Soliciting patients or clients personally, or through 1454
2164		-	an agent, through the use of fraud, intimidation, undue 1455
2165		-	influence, or a form of overreaching or vexatious conduct. 1456
2166		-	(n) Failing to make available to a patient or client, upon 1457
2167		-	written request, copies of tests, repor ts, or documents in the 1458
2168		-	possession or under the control of the licensee, registered 1459
2169		-	intern, or certificateholder which have been prepared for and 1460
2170		-	paid for by the patient or client. 1461
2171		-	(o) Failing to respond within 30 days to a written 1462
2172		-	communication from the department or the board concerning any 1463
2173		-	investigation by the department or the board, or failing to make 1464
2174		-	available any relevant records with respect to any investigation 1465
2175		-	about the licensee's, registered intern's, or 1466
2176		-	certificateholder's conduct or backgroun d. 1467
2177		-	(p) Being unable to practice the profession for which he 1468
2178		-	or she is licensed, registered, or certified under this chapter 1469
2179		-	with reasonable skill or competence as a result of any mental or 1470
2180		-	physical condition or by reason of illness; drunkenness; or 1471
2181		-	excessive use of drugs, narcotics, chemicals, or any other 1472
2182		-	substance. In enforcing this paragraph, upon a finding by the 1473
2183		-	State Surgeon General, the State Surgeon General's designee, or 1474
2184		-	the board that probable cause exists to believe that the 1475
2185		-
2186		-	CS/HB 27 2025
2187		-
2188		-
2189		-
2190		-	CODING: Words stricken are deletions; words underlined are additions.
2191		-	hb27-01-c1
2192		-	Page 60 of 62
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		-	licensee, registered intern, or certificateholder is unable to 1476
2198		-	practice the profession because of the reasons stated in this 1477
2199		-	paragraph, the department shall have the authority to compel a 1478
2200		-	licensee, registered intern, or certificateholder to submit to a 1479
2201		-	mental or physical exa mination by psychologists, physicians, or 1480
2202		-	other licensees under this chapter, designated by the department 1481
2203		-	or board. If the licensee, registered intern, or 1482
2204		-	certificateholder refuses to comply with such order, the 1483
2205		-	department's order directing the examinatio n may be enforced by 1484
2206		-	filing a petition for enforcement in the circuit court in the 1485
2207		-	circuit in which the licensee, registered intern, or 1486
2208		-	certificateholder resides or does business. The licensee, 1487
2209		-	registered intern, or certificateholder against whom the 1488
2210		-	petition is filed may not be named or identified by initials in 1489
2211		-	any public court records or documents, and the proceedings shall 1490
2212		-	be closed to the public. The department shall be entitled to the 1491
2213		-	summary procedure provided in s. 51.011. A licensee, registered 1492
2214		-	intern, or certificateholder affected under this paragraph shall 1493
2215		-	at reasonable intervals be afforded an opportunity to 1494
2216		-	demonstrate that he or she can resume the competent practice for 1495
2217		-	which he or she is licensed, registered, or certified with 1496
2218		-	reasonable skill and safety to patients. 1497
2219		-	(q) Performing any treatment or prescribing any therapy 1498
2220		-	which, by the prevailing standards of the mental health 1499
2221		-	professions in the community, would constitute experimentation 1500
2222		-
2223		-	CS/HB 27 2025
2224		-
2225		-
2226		-
2227		-	CODING: Words stricken are deletions; words underlined are additions.
2228		-	hb27-01-c1
2229		-	Page 61 of 62
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		-	on human subjects, without first obtaining full, infor med, and 1501
2235		-	written consent. 1502
2236		-	(r) Failing to meet the minimum standards of performance 1503
2237		-	in professional activities when measured against generally 1504
2238		-	prevailing peer performance, including the undertaking of 1505
2239		-	activities for which the licensee, registered intern, or 1506
2240		-	certificateholder is not qualified by training or experience. 1507
2241		-	(s) Delegating professional responsibilities to a person 1508
2242		-	who the licensee, registered intern, or certificateholder knows 1509
2243		-	or has reason to know is not qualified by training or experience 1510
2244		-	to perform such responsibilities. 1511
2245		-	(t) Violating a rule relating to the regulation of the 1512
2246		-	profession or a lawful order of the department or the board 1513
2247		-	previously entered in a disciplinary hearing. 1514
2248		-	(u) Failure of the licensee, registered intern, or 1515
2249		-	certificateholder to maintain in confidence a communication made 1516
2250		-	by a patient or client in the context of such services, except 1517
2251		-	as provided in s. 491.0147. 1518
2252		-	(v) Making public statements which are derived from test 1519
2253		-	data, client contacts, or behavioral research and which identify 1520
2254		-	or damage research subjects or clients. 1521
2255		-	(w) Violating any provision of this chapter or chapter 1522
2256		-	456, or any rules adopted pursuant thereto. 1523
2257		-	(2) 1524
2258		-	(c) The board may take adverse action against a clinical 1525
2259		-
2260		-	CS/HB 27 2025
2261		-
2262		-
2263		-
2264		-	CODING: Words stricken are deletions; words underlined are additions.
2265		-	hb27-01-c1
2266		-	Page 62 of 62
2267		-	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
2268		-
2269		-
2270		-
2271		-	social worker's privilege to practic e under the Social Work 1526
2272		-	Licensure Interstate Compact pursuant to s. 491.022 and may 1527
2273		-	impose any of the penalties in s. 456.072(2) if the clinical 1528
2274		-	social worker commits an act specified in subsection (1) or s. 1529
2275		-	456.072(1). 1530
2276		-	Section 8. Paragraph (m) is adde d subsection (10) of 1531
2277		-	section 768.28, Florida Statutes, to read: 1532
2278		-	768.28 Waiver of sovereign immunity in tort actions; 1533
2279		-	recovery limits; civil liability for damages caused during a 1534
2280		-	riot; limitation on attorney fees; statute of limitations; 1535
2281		-	exclusions; indemnification; risk management programs. — 1536
2282		-	(10) 1537
2283		-	(m) For purposes of this section, the individual appointed 1538
2284		-	under s. 491.004(9) as the state's delegate on the Social Work 1539
2285		-	Licensure Compact Commission, pursuant to s. 491.022, and any 1540
2286		-	administrator, officer, e xecutive director, employee, or 1541
2287		-	representative of the commission, when acting within the scope 1542
2288		-	of his or her employment, duties, or responsibilities in this 1543
2289		-	state, is considered an agent of the state. The commission shall 1544
2290		-	pay any claims or judgments pursua nt to this section and may 1545
2291		-	maintain insurance coverage to pay any such claims or judgments. 1546
2292		-	Section 9. This act shall take effect July 1, 2025. 1547
	69	+	executive committee; providing for the financing of 44
	70	+	the commission; providing specified individuals 45
	71	+	immunity from civil liability under certain 46
	72	+	circumstances; provid ing exceptions; requiring the 47
	73	+	commission to defend the specified individuals in 48
	74	+	civil actions under certain circumstances; requiring 49
	75	+	the commission to indemnify and hold harmless 50
	76	+
	77	+	HB 27 2025
	78	+
	79	+
	80	+
	81	+	CODING: Words stricken are deletions; words underlined are additions.
	82	+	hb27-00
	83	+	Page 3 of 61
	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	+
	86	+
	87	+
	88	+	specified individuals for any settlement or judgment 51
	89	+	obtained in such actions under certain circumstances; 52
	90	+	providing for the development of the data system, 53
	91	+	reporting procedures, and the exchange of specified 54
	92	+	information between member states; requiring the 55
	93	+	commission to notify member states of any adverse 56
	94	+	action taken against a li censee or applicant for 57
	95	+	licensure; authorizing member states to designate as 58
	96	+	confidential information provided to the data system; 59
	97	+	requiring the commission to remove information from 60
	98	+	the data system under certain circumstances; providing 61
	99	+	rulemaking procedures for the commission; providing 62
	100	+	for member state enforcement of the compact; 63
	101	+	authorizing the commission to receive notice of 64
	102	+	process, and have standing to intervene, in certain 65
	103	+	proceedings; rendering certain judgments and orders 66
	104	+	void as to the commission , the compact, or commission 67
	105	+	rules under certain circumstances; providing for 68
	106	+	defaults and termination of compact membership; 69
	107	+	providing procedures for the resolution of certain 70
	108	+	disputes; providing for commission enforcement of the 71
	109	+	compact; providing for re medies; providing for 72
	110	+	implementation of, withdrawal from, and amendment to 73
	111	+	the compact; specifying that licensees practicing in a 74
	112	+	remote state under the compact must adhere to the laws 75
	113	+
	114	+	HB 27 2025
	115	+
	116	+
	117	+
	118	+	CODING: Words stricken are deletions; words underlined are additions.
	119	+	hb27-00
	120	+	Page 4 of 61
	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	+
	123	+
	124	+
	125	+	and rules of that state; specifying that the compact, 76
	126	+	commission rules, and commission actions are binding 77
	127	+	on member states; providing construction; providing 78
	128	+	for severability; amending s. 456.073, F.S.; requiring 79
	129	+	the Department of Health to report certain 80
	130	+	investigative information to the data system; amending 81
	131	+	s. 456.076, F.S.; requiring monitoring contracts for 82
	132	+	certain impaired practitioners to contain certain 83
	133	+	terms; amending s. 491.004, F.S.; requiring the Board 84
	134	+	of Clinical Social Work, Marriage and Family Therapy, 85
	135	+	and Mental Health Counseling to appoint an individual 86
	136	+	to serve as the state's delegate on the commission; 87
	137	+	amending ss. 491.005 and 491.006, F.S.; exempting 88
	138	+	certain persons from licensure requirements; amending 89
	139	+	s. 491.009, F.S.; authorizing certain disciplinary 90
	140	+	action under the compact for specified prohibited 91
	141	+	acts; amending s. 768.28, F.S.; designating the 92
	142	+	state's delegate and other members or employees of the 93
	143	+	commission as state agents for the purpose of applying 94
	144	+	waivers of sovereign immunity; requiring the 95
	145	+	commission to pay certain claims or judgments; 96
	146	+	authorizing the commission to maintain insurance 97
	147	+	coverage to pay such claims or judgments; requiring 98
	148	+	the department to notify the Division of Law Revision 99
	149	+	upon enactment of the compact into law by seven 100
	150	+
	151	+	HB 27 2025
	152	+
	153	+
	154	+
	155	+	CODING: Words stricken are deletions; words underlined are additions.
	156	+	hb27-00
	157	+	Page 5 of 61
	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	+
	160	+
	161	+
	162	+	states; providing a contingent effective date. 101
	163	+	102
	164	+	Be It Enacted by the Legislature of the state of Florida: 103
	165	+	104
	166	+	Section 1. Section 491.022, Florida Statutes, is created 105
	167	+	to read: 106
	168	+	491.022 Social Work Licensure Interstate Compact. —The 107
	169	+	Social Work Licensure Interstate Compact is hereby enacted into 108
	170	+	law and entered into by this state with all other states legally 109
	171	+	joining therein in the form substantially as follows: 110
	172	+	111
	173	+	ARTICLE I 112
	174	+	PURPOSE 113
	175	+	114
	176	+	(1) The purpose of this compact is to facilitate 115
	177	+	interstate practice of regulated social workers by improving 116
	178	+	public access to compete nt social work services. 117
	179	+	(2) The compact preserves the regulatory authority of 118
	180	+	member states to protect public health and safety through the 119
	181	+	current system of licensure. This compact is designed to achieve 120
	182	+	all of the following objectives: 121
	183	+	(a) Increase public access to social work services. 122
	184	+	(b) Reduce overly burdensome and duplicative requirements 123
	185	+	associated with holding multiple licenses. 124
	186	+	(c) Enhance member states' ability to protect the public 125
	187	+
	188	+	HB 27 2025
	189	+
	190	+
	191	+
	192	+	CODING: Words stricken are deletions; words underlined are additions.
	193	+	hb27-00
	194	+	Page 6 of 61
	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
	196	+
	197	+
	198	+
	199	+	health and safety. 126
	200	+	(d) Encourage the cooperation of m ember states in 127
	201	+	regulating multistate practice. 128
	202	+	(e) Promote mobility and address workforce shortages by 129
	203	+	eliminating the necessity for licenses in multiple states by 130
	204	+	providing for the mutual recognition of other member state 131
	205	+	licenses. 132
	206	+	(f) Support military families. 133
	207	+	(g) Facilitate the exchange of licensure and disciplinary 134
	208	+	information among member states. 135
	209	+	(h) Authorize all member states to hold a regulated social 136
	210	+	worker accountable for abiding by a member state's laws, 137
	211	+	regulations, and applicabl e professional standards in the member 138
	212	+	state in which the client is located at the time care is 139
	213	+	rendered. 140
	214	+	(i) Allow for the use of telehealth to facilitate 141
	215	+	increased access to social work services. 142
	216	+	143
	217	+	ARTICLE II 144
	218	+	DEFINITIONS 145
	219	+	146
	220	+	As used in this compact, the t erm: 147
	221	+	(1) "Active military member" means any individual with 148
	222	+	full-time duty status in the active Armed Forces of the United 149
	223	+	States, including members of the National Guard and Reserve. 150
	224	+
	225	+	HB 27 2025
	226	+
	227	+
	228	+
	229	+	CODING: Words stricken are deletions; words underlined are additions.
	230	+	hb27-00
	231	+	Page 7 of 61
	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	+
	234	+
	235	+
	236	+	(2) "Adverse action" means any administrative, civil, 151
	237	+	equitable, or criminal action permitted by a state's laws which 152
	238	+	is imposed by a licensing authority or other authority against a 153
	239	+	regulated social worker, including actions against an 154
	240	+	individual's license or multistate authorization to practice 155
	241	+	such as revocation, suspen sion, probation, monitoring of the 156
	242	+	licensee, limitation on the licensee's practice, or any other 157
	243	+	encumbrance on licensure affecting a regulated social worker's 158
	244	+	authorization to practice, including issuance of a cease and 159
	245	+	desist action. 160
	246	+	(3) "Alternative program" means a nondisciplinary 161
	247	+	monitoring or practice remediation process approved by a 162
	248	+	licensing authority to address practitioners with an impairment. 163
	249	+	(4) "Charter member states" means member states that have 164
	250	+	enacted legislation to adopt this compact where such legislation 165
	251	+	predates the effective date of this compact as described in 166
	252	+	Article XIV. 167
	253	+	(5) "Commission" means the government agency whose 168
	254	+	membership consists of all states that have enacted this 169
	255	+	compact, which is known as the Social Work Licensu re Interstate 170
	256	+	Compact Commission, as described in Article X, and which shall 171
	257	+	operate as an instrumentality of the member states. 172
	258	+	(6) "Current significant investigative information" means: 173
	259	+	(a) Investigative information that a licensing authority, 174
	260	+	after a preliminary inquiry that includes notification and an 175
	261	+
	262	+	HB 27 2025
	263	+
	264	+
	265	+
	266	+	CODING: Words stricken are deletions; words underlined are additions.
	267	+	hb27-00
	268	+	Page 8 of 61
	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	+
	271	+
	272	+
	273	+	opportunity for the regulated social worker to respond, has 176
	274	+	reason to believe is not groundless and, if proved true, would 177
	275	+	indicate more than a minor infraction as may be defined by the 178
	276	+	commission; or 179
	277	+	(b) Investigative information that indicates that the 180
	278	+	regulated social worker represents an immediate threat to public 181
	279	+	health and safety, as may be defined by the commission, 182
	280	+	regardless of whether the regulated social worker has been 183
	281	+	notified and has had an opportunity to respond. 184
	282	+	(7) "Data system" means a repository of information about 185
	283	+	licensees, including continuing education, examination, 186
	284	+	licensure, current significant investigative information, 187
	285	+	disqualifying events, multistate licenses, and advers e action 188
	286	+	information or other information as required by the commission. 189
	287	+	(8) "Disqualifying event" means any adverse action or 190
	288	+	incident which results in an encumbrance that disqualifies or 191
	289	+	makes the licensee ineligible to obtain, retain, or renew a 192
	290	+	multistate license. 193
	291	+	(9) "Domicile" means the jurisdiction in which the 194
	292	+	licensee resides and intends to remain indefinitely. 195
	293	+	(10) "Encumbrance" means a revocation or suspension of, or 196
	294	+	any limitation on, the full and unrestricted practice of social 197
	295	+	work licensed and regulated by an authority. 198
	296	+	(11) "Executive committee" means a group of delegates 199
	297	+	elected or appointed to act on behalf of, and within the powers 200
	298	+
	299	+	HB 27 2025
	300	+
	301	+
	302	+
	303	+	CODING: Words stricken are deletions; words underlined are additions.
	304	+	hb27-00
	305	+	Page 9 of 61
	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
	307	+
	308	+
	309	+
	310	+	granted to them by, the compact and commission. 201
	311	+	(12) "Home state" means the member state that is th e 202
	312	+	licensee's primary domicile. 203
	313	+	(13) "Impairment" means a condition that may impair a 204
	314	+	practitioner's ability to engage in full and unrestricted 205
	315	+	practice as a regulated social worker without some type of 206
	316	+	intervention and may include alcohol and drug depend ence, mental 207
	317	+	health impairment, and neurological or physical impairments. 208
	318	+	(14) "Licensee" means an individual who currently holds a 209
	319	+	license from a state to practice as a regulated social worker. 210
	320	+	(15) "Licensing authority" means the board or agency of a 211
	321	+	member state, or an equivalent, that is responsible for the 212
	322	+	licensing and regulation of regulated social workers. 213
	323	+	(16) "Member state" means a state, commonwealth, district, 214
	324	+	or territory of the United States that has enacted this compact. 215
	325	+	(17) "Multistate authorization to practice" means a 216
	326	+	legally authorized privilege to practice, which is equivalent to 217
	327	+	a license, associated with a multistate license permitting the 218
	328	+	practice of social work in a remote state. 219
	329	+	(18) "Multistate license" means a li cense to practice as a 220
	330	+	regulated social worker issued by a home state licensing 221
	331	+	authority that authorizes the regulated social worker to 222
	332	+	practice in all member states under multistate authorization to 223
	333	+	practice. 224
	334	+	(19) "Qualifying National Exam" means a nat ional licensing 225
	335	+
	336	+	HB 27 2025
	337	+
	338	+
	339	+
	340	+	CODING: Words stricken are deletions; words underlined are additions.
	341	+	hb27-00
	342	+	Page 10 of 61
	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
	344	+
	345	+
	346	+
	347	+	examination approved by the commission. 226
	348	+	(20) "Regulated social worker" means any clinical, 227
	349	+	master's, or bachelor's social worker licensed by a member state 228
	350	+	regardless of the title used by that member state. 229
	351	+	(21) "Remote state" means a member state other than the 230
	352	+	licensee's home state. 231
	353	+	(22) "Rules" or "rules of the commission" means a 232
	354	+	regulation or regulations duly adopted by the commission, as 233
	355	+	authorized by the compact, that has the force of law. 234
	356	+	(23) "Single state license" means a social work license 235
	357	+	issued by any state that authorizes practice only within the 236
	358	+	issuing state and does not include multistate authorization to 237
	359	+	practice in any member state. 238
	360	+	(24) "Social work" or "social work services" means the 239
	361	+	application of social wor k theory, knowledge, methods, ethics, 240
	362	+	and the professional use of self to restore or enhance social, 241
	363	+	psychosocial, or biopsychosocial functioning of individuals, 242
	364	+	couples, families, groups, organizations, and communities 243
	365	+	through the care and services provid ed by a regulated social 244
	366	+	worker as provided in the member state's statutes and 245
	367	+	regulations in the state where the services are being provided. 246
	368	+	(25) "State" means any state, commonwealth, district, or 247
	369	+	territory of the United States that regulates the prac tice of 248
	370	+	social work. 249
	371	+	(26) "Unencumbered license" means a license that 250
	372	+
	373	+	HB 27 2025
	374	+
	375	+
	376	+
	377	+	CODING: Words stricken are deletions; words underlined are additions.
	378	+	hb27-00
	379	+	Page 11 of 61
	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	+
	382	+
	383	+
	384	+	authorizes a regulated social worker to engage in the full and 251
	385	+	unrestricted practice of social work. 252
	386	+	253
	387	+	ARTICLE III 254
	388	+	STATE PARTICIPATION IN THE COMPACT 255
	389	+	256
	390	+	(1) To be eligible to participat e in the compact, a 257
	391	+	potential member state must currently meet all of the following 258
	392	+	criteria: 259
	393	+	(a) License and regulate the practice of social work at 260
	394	+	the clinical, master's, or bachelor's level. 261
	395	+	(b) Require applicants for licensure to graduate from a 262
	396	+	program that: 263
	397	+	1. Is operated by a college or university recognized by a 264
	398	+	licensing authority; 265
	399	+	2. Is accredited, or in candidacy by an institution that 266
	400	+	subsequently becomes accredited, by an accrediting agency 267
	401	+	recognized by either: 268
	402	+	a. The Council for Hi gher Education Accreditation or its 269
	403	+	successor; or 270
	404	+	b. The United States Department of Education; and 271
	405	+	3. Corresponds to the licensure sought as outlined in 272
	406	+	Article IV. 273
	407	+	(c) Require applicants for clinical licensure to complete 274
	408	+	a period of supervised pra ctice. 275
	409	+
	410	+	HB 27 2025
	411	+
	412	+
	413	+
	414	+	CODING: Words stricken are deletions; words underlined are additions.
	415	+	hb27-00
	416	+	Page 12 of 61
	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	+
	419	+
	420	+
	421	+	(d) Have a mechanism in place for receiving, 276
	422	+	investigating, and adjudicating complaints about licensees. 277
	423	+	(2) To maintain membership in the compact, a member state 278
	424	+	shall: 279
	425	+	(a) Require that applicants for a multistate license pass 280
	426	+	a Qualifying National Exam for the corresponding category of 281
	427	+	multistate license sought as outlined in Article IV. 282
	428	+	(b) Participate fully in the commission's data system, 283
	429	+	including using the commission's unique identifier as defined in 284
	430	+	rules. 285
	431	+	(c) Notify the commission, in compliance with the terms of 286
	432	+	the compact and rules, of any adverse action or the availability 287
	433	+	of current significant investigative information regarding a 288
	434	+	licensee. 289
	435	+	(d) Implement procedures for considering the criminal 290
	436	+	history records of applicants for a multistate license. Such 291
	437	+	procedures shall include the submission of fingerprints or other 292
	438	+	biometric-based information by applicants for the purpose of 293
	439	+	obtaining an applicant's criminal history record information 294
	440	+	from the Federal Bureau of Investigati on and the agency 295
	441	+	responsible for retaining that state's criminal records. 296
	442	+	(e) Comply with the rules of the commission. 297
	443	+	(f) Require an applicant to obtain or retain a license in 298
	444	+	the home state and meet the home state's qualifications for 299
	445	+	licensure or renewal of licensure, as well as all other 300
	446	+
	447	+	HB 27 2025
	448	+
	449	+
	450	+
	451	+	CODING: Words stricken are deletions; words underlined are additions.
	452	+	hb27-00
	453	+	Page 13 of 61
	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	+
	456	+
	457	+
	458	+	applicable home state laws. 301
	459	+	(g) Authorize a licensee holding a multistate license in 302
	460	+	any member state to practice in accordance with the terms of the 303
	461	+	compact and rules of the commission. 304
	462	+	(h) Designate a delegat e to participate in the commission 305
	463	+	meetings. 306
	464	+	(3) A member state meeting the requirements under 307
	465	+	subsections (1) and (2) shall designate the categories of social 308
	466	+	work licensure that are eligible for issuance of a multistate 309
	467	+	license for applicants in such m ember state. To the extent that 310
	468	+	any member state does not meet the requirements for 311
	469	+	participation in the compact at any particular category of 312
	470	+	social work licensure, such member state may choose, but is not 313
	471	+	obligated, to issue a multistate license to appli cants who 314
	472	+	otherwise meet the requirements of Article IV for issuance of a 315
	473	+	multistate license in such category or categories of licensure. 316
	474	+	(4) The home state may charge a fee for granting the 317
	475	+	multistate license. 318
	476	+	319
	477	+	ARTICLE IV 320
	478	+	SOCIAL WORKER PARTICIPATION IN THE COMPACT 321
	479	+	322
	480	+	(1) To be eligible for a multistate license under this 323
	481	+	compact, an applicant, regardless of category, must meet all of 324
	482	+	the following requirements: 325
	483	+
	484	+	HB 27 2025
	485	+
	486	+
	487	+
	488	+	CODING: Words stricken are deletions; words underlined are additions.
	489	+	hb27-00
	490	+	Page 14 of 61
	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	+
	493	+
	494	+
	495	+	(a) Hold or be eligible for an active, unencumbered 326
	496	+	license in the home state. 327
	497	+	(b) Pay any applicable fees, including any member state 328
	498	+	fee, for the multistate license. 329
	499	+	(c) Submit, in connection with an application for a 330
	500	+	multistate license, fingerprints or other biometric data for the 331
	501	+	purpose of obtaining criminal history record information fr om 332
	502	+	the Federal Bureau of Investigation and the agency responsible 333
	503	+	for retaining that state's criminal records. 334
	504	+	(d) Notify the home state of any adverse action, 335
	505	+	encumbrance, or restriction on any professional license taken by 336
	506	+	any member state or nonmember state within 30 days after the 337
	507	+	date the action was taken. 338
	508	+	(e) Meet any continuing competence requirements 339
	509	+	established by the home state. 340
	510	+	(f) Abide by the laws, regulations, and applicable 341
	511	+	standards in the member state where the client is located at th e 342
	512	+	time care is rendered. 343
	513	+	(2) An applicant for a clinical -category multistate 344
	514	+	license must meet all of the following requirements: 345
	515	+	(a) Fulfill a competency requirement, which shall be 346
	516	+	satisfied by: 347
	517	+	1. Passage of a clinical -category Qualifying National 348
	518	+	Exam; 349
	519	+	2. Licensure of the applicant in his or her home state at 350
	520	+
	521	+	HB 27 2025
	522	+
	523	+
	524	+
	525	+	CODING: Words stricken are deletions; words underlined are additions.
	526	+	hb27-00
	527	+	Page 15 of 61
	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	+
	530	+
	531	+
	532	+	the clinical category, beginning before such time as a 351
	533	+	Qualifying National Exam was required by the home state and 352
	534	+	accompanied by a period of continuous social work licensure 353
	535	+	thereafter, all of which may be further governed by the rules of 354
	536	+	the commission; or 355
	537	+	3. The substantial equivalency of the foregoing competency 356
	538	+	requirements which the commission may determine by rule. 357
	539	+	(b) Attain at least a master's degree in social work from 358
	540	+	a program that is: 359
	541	+	1. Operated by a college or university recognized by a 360
	542	+	licensing authority. 361
	543	+	2. Accredited, or in candidacy that subsequently becomes 362
	544	+	accredited, by an accrediting agency recognized by either: 363
	545	+	a. The Council for Higher Education Accreditati on or its 364
	546	+	successor; or 365
	547	+	b. The United States Department of Education. 366
	548	+	(c) Fulfill a practice requirement, which shall be 367
	549	+	satisfied by demonstrating completion of: 368
	550	+	1. A period of postgraduate supervised clinical practice 369
	551	+	equal to a minimum of 3,000 hours; 370
	552	+	2. A minimum of 2 years of full -time postgraduate 371
	553	+	supervised clinical practice; or 372
	554	+	3. The substantial equivalency of the foregoing practice 373
	555	+	requirements which the commission may determine by rule. 374
	556	+	(3) An applicant for a master's -category multistate 375
	557	+
	558	+	HB 27 2025
	559	+
	560	+
	561	+
	562	+	CODING: Words stricken are deletions; words underlined are additions.
	563	+	hb27-00
	564	+	Page 16 of 61
	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	+
	567	+
	568	+
	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 masters -category Qualifying National Exam; 379
	573	+	2. Licensure of the applicant in his or her home state at 380
	574	+	the master's category, beginning before such time as a 381
	575	+	Qualifying National Exam was required by the home state at the 382
	576	+	master's category and accompanied by a continuous period of 383
	577	+	social work licensure thereafter, all of which may be further 384
	578	+	governed by the rules o f the commission; or 385
	579	+	3. The substantial equivalency of the foregoing competency 386
	580	+	requirements which the commission may determine by rule. 387
	581	+	(b) Attain at least a master's degree in social work from 388
	582	+	a program that is: 389
	583	+	1. Operated by a college or universi ty recognized by a 390
	584	+	licensing authority. 391
	585	+	2. Accredited, or in candidacy by an institution that 392
	586	+	subsequently becomes accredited, by an accrediting agency 393
	587	+	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	+	(4) An applicant for a bachelor's -category multistate 398
	592	+	license must meet all of the following requirements: 399
	593	+	(a) Fulfill a competency requirement, which shall be 400
	594	+
	595	+	HB 27 2025
	596	+
	597	+
	598	+
	599	+	CODING: Words stricken are deletions; words underlined are additions.
	600	+	hb27-00
	601	+	Page 17 of 61
	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	+
	604	+
	605	+
	606	+	satisfied by: 401
	607	+	1. Passage of a bachelor's -category Qualifying National 402
	608	+	Exam; 403
	609	+	2. Licensure of the applicant in his or her home state at 404
	610	+	the bachelor's category, beginning before such time as a 405
	611	+	Qualifying National Exam was required by the home state and 406
	612	+	accompanied by a period of continuous social work li censure 407
	613	+	thereafter, all of which may be further governed by the rules of 408
	614	+	the commission; or 409
	615	+	3. The substantial equivalency of the foregoing competency 410
	616	+	requirements which the commission may determine by rule. 411
	617	+	(b) Attain at least a bachelor's degree in s ocial work 412
	618	+	from a program that is: 413
	619	+	1. Operated by a college or university recognized by the 414
	620	+	licensing authority. 415
	621	+	2. Accredited, or in candidacy that subsequently becomes 416
	622	+	accredited, by an accrediting agency recognized by either: 417
	623	+	a. The Council for Hi gher Education Accreditation or its 418
	624	+	successor; or 419
	625	+	b. The United States Department of Education. 420
	626	+	(5) The multistate license for a regulated social worker 421
	627	+	is subject to the renewal requirements of the home state. The 422
	628	+	regulated social worker must maintain compliance with the 423
	629	+	requirements of subsection (1) to be eligible to renew a 424
	630	+	multistate license. 425
	631	+
	632	+	HB 27 2025
	633	+
	634	+
	635	+
	636	+	CODING: Words stricken are deletions; words underlined are additions.
	637	+	hb27-00
	638	+	Page 18 of 61
	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	+
	641	+
	642	+
	643	+	(6) The regulated social worker's services in a remote 426
	644	+	state are subject to that member state's regulatory authority. A 427
	645	+	remote state may, in accordance with due process and that member 428
	646	+	state's laws, remove a regulated social worker's multistate 429
	647	+	authorization to practice in the remote state for a specific 430
	648	+	period of time, impose fines, and take any other necessary 431
	649	+	actions to protect the health and safety of its citizens. 432
	650	+	(7) If a multistate license is encumbered, the regulated 433
	651	+	social worker's multistate authorization to practice shall be 434
	652	+	deactivated in all remote states until the multistate license is 435
	653	+	no longer encumbered. 436
	654	+	(8) If a multistate authorization t o practice is 437
	655	+	encumbered in a remote state, the regulated social worker's 438
	656	+	multistate authorization to practice may be deactivated in that 439
	657	+	state until the multistate authorization to practice is no 440
	658	+	longer encumbered. 441
	659	+	442
	660	+	ARTICLE V 443
	661	+	ISSUANCE OF A MULTISTATE LICENSE 444
	662	+	445
	663	+	(1) Upon receipt of an application for multistate license, 446
	664	+	the home state licensing authority shall determine the 447
	665	+	applicant's eligibility for a multistate license in accordance 448
	666	+	with Article IV. 449
	667	+	(2) If such applicant is eligible pursuant to Art icle IV, 450
	668	+
	669	+	HB 27 2025
	670	+
	671	+
	672	+
	673	+	CODING: Words stricken are deletions; words underlined are additions.
	674	+	hb27-00
	675	+	Page 19 of 61
	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	+
	678	+
	679	+
	680	+	the home state licensing authority shall issue a multistate 451
	681	+	license that authorizes the applicant or regulated social worker 452
	682	+	to practice in all member states under a multistate 453
	683	+	authorization to practice. 454
	684	+	(3) Upon issuance of a multistate license , the home state 455
	685	+	licensing authority shall designate whether the regulated social 456
	686	+	worker holds a multistate license in the bachelor's, master's, 457
	687	+	or clinical category of social work. 458
	688	+	(4) A multistate license issued by a home state to a 459
	689	+	resident in that state shall be recognized by all compact member 460
	690	+	states as authorizing social work practice under a multistate 461
	691	+	authorization to practice corresponding to each category of 462
	692	+	licensure regulated in each member state. 463
	693	+	464
	694	+	ARTICLE VI 465
	695	+	AUTHORITY OF INTERSTATE COMPACT CO MMISSION 466
	696	+	AND MEMBER STATE LICENSING AUTHORITIES 467
	697	+	468
	698	+	(1) This compact, or any rule of the commission, does not 469
	699	+	limit, restrict, or in any way reduce the ability of a member 470
	700	+	state to: 471
	701	+	(a) Enact and enforce laws, regulations, or other rules 472
	702	+	related to the practice of social work in that state when those 473
	703	+	laws, regulations, or other rules are not inconsistent with the 474
	704	+	provisions of this compact. 475
	705	+
	706	+	HB 27 2025
	707	+
	708	+
	709	+
	710	+	CODING: Words stricken are deletions; words underlined are additions.
	711	+	hb27-00
	712	+	Page 20 of 61
	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	+
	715	+
	716	+
	717	+	(b) Take adverse action against a licensee's single state 476
	718	+	license to practice social work in that state. 477
	719	+	(c) Take adverse action against a licensee's multistate 478
	720	+	authorization to practice social work in that state. 479
	721	+	(2) This compact, or any rule of the commission, does not 480
	722	+	limit, restrict, or in any way reduce the ability of a 481
	723	+	licensee's home state to take adverse a ction against a 482
	724	+	licensee's multistate license based upon information provided by 483
	725	+	a remote state. 484
	726	+	(3) This compact does not affect the requirements 485
	727	+	established by a member state for the issuance of a single state 486
	728	+	license. 487
	729	+	488
	730	+	ARTICLE VII 489
	731	+	REISSUANCE OF A MULT ISTATE LICENSE BY A NEW HOME STATE 490
	732	+	491
	733	+	(1) A licensee can hold a multistate license, issued by 492
	734	+	his or her home state, in only one member state at any given 493
	735	+	time. 494
	736	+	(2) If a licensee changes his or her home state by moving 495
	737	+	between two member states: 496
	738	+	(a) The licensee shall immediately apply for the 497
	739	+	reissuance of his or her multistate license in his or her new 498
	740	+	home state. The licensee shall pay all applicable fees and 499
	741	+	notify the prior home state in accordance with the rules of the 500
	742	+
	743	+	HB 27 2025
	744	+
	745	+
	746	+
	747	+	CODING: Words stricken are deletions; words underlined are additions.
	748	+	hb27-00
	749	+	Page 21 of 61
	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	+
	752	+
	753	+
	754	+	commission. 501
	755	+	(b) Upon receipt of an application to reissue a multistate 502
	756	+	license, the new home state shall verify that the multistate 503
	757	+	license is active, unencumbered, and eligible for reissuance 504
	758	+	under the terms of the compact and the rules of the commission. 505
	759	+	The multistate license issued by the prior home state will be 506
	760	+	deactivated and all member states notified in accordance with 507
	761	+	the applicable rules adopted by the commission. 508
	762	+	(c) Before the reissuance of the multistate license, the 509
	763	+	new home state shall conduct procedures for considering the 510
	764	+	criminal history records of the licensee. Such procedures shall 511
	765	+	include the submission of fingerprints or other biometric -based 512
	766	+	information by applicants for the purpose of obtaining an 513
	767	+	applicant's criminal history record information from the Federal 514
	768	+	Bureau of Investigation and the agency responsible for retaining 515
	769	+	that state's criminal records. 516
	770	+	(d) If required for initial licensure, the new home state 517
	771	+	may require completion of jurisprudence requirements in the new 518
	772	+	home state. 519
	773	+	(e) Notwithstanding any other provision of this compact, 520
	774	+	if a licensee does not meet the requirements provided in this 521
	775	+	compact for the reissuance of a multistate license by the new 522
	776	+	home state, then the licensee shall be subject to the new home 523
	777	+	state requirements for the issuance of a single state license in 524
	778	+	that state. 525
	779	+
	780	+	HB 27 2025
	781	+
	782	+
	783	+
	784	+	CODING: Words stricken are deletions; words underlined are additions.
	785	+	hb27-00
	786	+	Page 22 of 61
	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	+
	789	+
	790	+
	791	+	(3) If a licensee changes his or her primary state of 526
	792	+	residence by moving from a member state to a nonmember state, or 527
	793	+	from a nonmember state to a member state, then the licensee 528
	794	+	shall be subject to the state requirements for the issuance of a 529
	795	+	single state license in the new home state. 530
	796	+	(4) This compact does not interfere with a licensee's 531
	797	+	ability to hold a single state license in multiple states; 532
	798	+	however, for the purposes of this compact, a l icensee shall have 533
	799	+	only one home state, and only one multistate license. 534
	800	+	(5) This compact does not interfere with the requirements 535
	801	+	established by a member state for the issuance of a single state 536
	802	+	license. 537
	803	+	538
	804	+	ARTICLE VIII 539
	805	+	MILITARY FAMILIES 540
	806	+	541
	807	+	An active military member or his or her spouse shall 542
	808	+	designate a home state where the individual has a multistate 543
	809	+	license. The individual may retain his or her home state 544
	810	+	designation during the period the servicemember is on active 545
	811	+	duty. 546
	812	+	547
	813	+	ARTICLE IX 548
	814	+	ADVERSE ACTIONS 549
	815	+	550
	816	+
	817	+	HB 27 2025
	818	+
	819	+
	820	+
	821	+	CODING: Words stricken are deletions; words underlined are additions.
	822	+	hb27-00
	823	+	Page 23 of 61
	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	+
	826	+
	827	+
	828	+	(1) In addition to the other powers conferred by general 551
	829	+	law, a remote state shall have the authority, in accordance with 552
	830	+	existing state due process law, to: 553
	831	+	(a) Take adverse action against a regulated social 554
	832	+	worker's multistate authorization to practice o nly within that 555
	833	+	member state, and issue subpoenas for both hearings and 556
	834	+	investigations that require the attendance and testimony of 557
	835	+	witnesses as well as the production of evidence. Subpoenas 558
	836	+	issued by a licensing authority in a member state for the 559
	837	+	attendance and testimony of witnesses or the production of 560
	838	+	evidence from another member state shall be enforced in the 561
	839	+	latter state by any court of competent jurisdiction, according 562
	840	+	to the practice and procedure of that court applicable to 563
	841	+	subpoenas issued in pro ceedings pending before it. The issuing 564
	842	+	licensing authority shall pay any witness fees, travel expenses, 565
	843	+	mileage, and other fees required by the service statutes of the 566
	844	+	state in which the witnesses or evidence are located. 567
	845	+	(b) Only the home state shall h ave the power to take 568
	846	+	adverse action against a regulated social worker's multistate 569
	847	+	license. 570
	848	+	(2) For purposes of taking adverse action, the home state 571
	849	+	shall give the same priority and effect to reported conduct 572
	850	+	received from a member state as it would if the conduct had 573
	851	+	occurred within the home state. In so doing, the home state 574
	852	+	shall apply its own state laws to determine appropriate action. 575
	853	+
	854	+	HB 27 2025
	855	+
	856	+
	857	+
	858	+	CODING: Words stricken are deletions; words underlined are additions.
	859	+	hb27-00
	860	+	Page 24 of 61
	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	+
	863	+
	864	+
	865	+	(3) The home state shall complete any pending 576
	866	+	investigations of a regulated social worker who changes his or 577
	867	+	her home state during the course of the investigations. The home 578
	868	+	state shall also have the authority to take appropriate actions 579
	869	+	and shall promptly report the conclusions of the investigations 580
	870	+	to the administrator of the data system. The administrator of 581
	871	+	the data system shall promptly notify the new home state of any 582
	872	+	adverse actions. 583
	873	+	(4) A member state, if otherwise permitted by state law, 584
	874	+	may recover from the affected regulated social worker the costs 585
	875	+	of investigations and dispositions of cases resulting fro m any 586
	876	+	adverse action taken against that regulated social worker. 587
	877	+	(5) A member state may take adverse action based on the 588
	878	+	factual findings of another member state, provided that the 589
	879	+	member state follows its own procedures for taking the adverse 590
	880	+	action. 591
	881	+	(6)(a) In addition to the authority granted to a member 592
	882	+	state by its respective social work practice act or other 593
	883	+	applicable state law, any member state may participate with 594
	884	+	other member states in joint investigations of licensees. 595
	885	+	(b) Member states shal l share any investigative, 596
	886	+	litigation, or compliance materials in furtherance of any joint 597
	887	+	or individual investigation initiated under the compact. 598
	888	+	(7) If adverse action is taken by the home state against 599
	889	+	the multistate license of a regulated social work er, the 600
	890	+
	891	+	HB 27 2025
	892	+
	893	+
	894	+
	895	+	CODING: Words stricken are deletions; words underlined are additions.
	896	+	hb27-00
	897	+	Page 25 of 61
	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	+
	900	+
	901	+
	902	+	regulated social worker's multistate authorization to practice 601
	903	+	in all other member states shall be deactivated until all 602
	904	+	encumbrances have been removed from the multistate license. All 603
	905	+	home state disciplinary orders that impose adverse action 604
	906	+	against the license of a regulated social worker shall include a 605
	907	+	statement that the regulated social worker's multistate 606
	908	+	authorization to practice is deactivated in all member states 607
	909	+	until all conditions of the decision, order, or agreement are 608
	910	+	satisfied. 609
	911	+	(8) If a member state takes adverse action, it shall 610
	912	+	promptly notify the administrator of the data system. The 611
	913	+	administrator of the data system shall promptly notify the home 612
	914	+	state and all other member states of any adverse actions by 613
	915	+	remote states. 614
	916	+	(9) This compact does not override a member state's 615
	917	+	decision that participation in an alternative program may be 616
	918	+	used in lieu of adverse action. 617
	919	+	(10) This compact does not authorize a member state to 618
	920	+	demand the issuance of subpoenas for attendance and testimony of 619
	921	+	witnesses or the production of evidence from another member 620
	922	+	state for lawful actions within that member state. 621
	923	+	(11) This compact does not authorize a member state to 622
	924	+	impose discipline against a regulated social worker who holds a 623
	925	+	multistate authoriza tion to practice for lawful actions within 624
	926	+	another member state. 625
	927	+
	928	+	HB 27 2025
	929	+
	930	+
	931	+
	932	+	CODING: Words stricken are deletions; words underlined are additions.
	933	+	hb27-00
	934	+	Page 26 of 61
	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	+
	937	+
	938	+
	939	+	626
	940	+	ARTICLE X 627
	941	+	ESTABLISHMENT OF SOCIAL WORK LICENSURE 628
	942	+	INTERSTATE COMPACT COMMISSION 629
	943	+	630
	944	+	(1) The compact member states hereby create and establish 631
	945	+	a joint government agency whose membership consists of all 632
	946	+	member states that have enacted the compact known as the Social 633
	947	+	Work Licensure Interstate Compact Commission. The commission is 634
	948	+	an instrumentality of the compact states acting jointly and not 635
	949	+	an instrumentality of any one state. The commiss ion shall come 636
	950	+	into existence on or after the effective date of the compact as 637
	951	+	provided in Article XIV. 638
	952	+	(2)(a) Each member state shall have and be limited to one 639
	953	+	delegate appointed by that member state's licensing authority. 640
	954	+	The delegate shall be either: 641
	955	+	1. A current member of the licensing authority at the time 642
	956	+	of appointment who is a regulated social worker or public member 643
	957	+	of the state licensing authority; or 644
	958	+	2. An administrator of the licensing authority or his or 645
	959	+	her designee. 646
	960	+	(b) The commission shall by rule or bylaw establish a term 647
	961	+	of office for delegates and may by rule or bylaw establish term 648
	962	+	limits. 649
	963	+	(c) The commission may recommend removal or suspension of 650
	964	+
	965	+	HB 27 2025
	966	+
	967	+
	968	+
	969	+	CODING: Words stricken are deletions; words underlined are additions.
	970	+	hb27-00
	971	+	Page 27 of 61
	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	+
	974	+
	975	+
	976	+	any delegate from office. 651
	977	+	(d) A member state's licensing authority shall fill an y 652
	978	+	vacancy of its delegate occurring on the commission within 60 653
	979	+	days after the vacancy. 654
	980	+	(e) Each delegate shall be entitled to one vote on all 655
	981	+	matters before the commission requiring a vote by commission 656
	982	+	delegates. 657
	983	+	(f) A delegate shall vote in person o r by such other means 658
	984	+	as provided in the bylaws. The bylaws may provide for delegates 659
	985	+	to meet by telecommunication, video conference, or other similar 660
	986	+	electronic means. 661
	987	+	(g) The commission shall meet at least once during each 662
	988	+	calendar year. Additional mee tings may be held as provided in 663
	989	+	the bylaws. The commission may meet by telecommunication, video 664
	990	+	conference, or other similar electronic means. 665
	991	+	(3) The commission shall have the following powers: 666
	992	+	(a) Establish the fiscal year of the commission. 667
	993	+	(b) Establish code of conduct and conflict of interest 668
	994	+	policies. 669
	995	+	(c) Establish and amend rules and bylaws. 670
	996	+	(d) Maintain its financial records in accordance with the 671
	997	+	bylaws. 672
	998	+	(e) Meet and take such actions as are consistent with the 673
	999	+	provisions of this compa ct, the commission's rules, and the 674
	1000	+	bylaws. 675
	1001	+
	1002	+	HB 27 2025
	1003	+
	1004	+
	1005	+
	1006	+	CODING: Words stricken are deletions; words underlined are additions.
	1007	+	hb27-00
	1008	+	Page 28 of 61
	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	+
	1011	+
	1012	+
	1013	+	(f) Initiate and conclude legal proceedings or actions in 676
	1014	+	the name of the commission, provided that the standing of any 677
	1015	+	licensing authority to sue or be sued under applicable law may 678
	1016	+	not be affected. 679
	1017	+	(g) Maintain and certify records and information provided 680
	1018	+	to a member state as the authenticated business records of the 681
	1019	+	commission, and designate an agent to do so on the commission's 682
	1020	+	behalf. 683
	1021	+	(h) Purchase and maintain insurance and bonds. 684
	1022	+	(i) Borrow, accept, or contract for services of personnel, 685
	1023	+	including, but not limited to, employees of a member state. 686
	1024	+	(j) Conduct an annual financial review. 687
	1025	+	(k) Hire employees, elect or appoint officers, fix 688
	1026	+	compensation, define duties, grant such individuals approp riate 689
	1027	+	authority to carry out the purposes of the compact, and 690
	1028	+	establish the commission's personnel policies and programs 691
	1029	+	relating to conflicts of interest, qualifications of personnel, 692
	1030	+	and other related personnel matters. 693
	1031	+	(l) Assess and collect fees. 694
	1032	+	(m) Accept any and all appropriate gifts, donations, 695
	1033	+	grants of money, other sources of revenue, equipment, supplies, 696
	1034	+	materials, and services, and receive, utilize, and dispose of 697
	1035	+	the same; provided that at all times the commission shall avoid 698
	1036	+	any appearance of impropriety or conflict of interest. 699
	1037	+	(n) Lease, purchase, retain, own, hold, improve, or use 700
	1038	+
	1039	+	HB 27 2025
	1040	+
	1041	+
	1042	+
	1043	+	CODING: Words stricken are deletions; words underlined are additions.
	1044	+	hb27-00
	1045	+	Page 29 of 61
	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
	1047	+
	1048	+
	1049	+
	1050	+	any property, real, personal, or mixed, or any undivided 701
	1051	+	interest therein. 702
	1052	+	(o) Sell, convey, mortgage, pledge, lease, exchange, 703
	1053	+	abandon, or otherwise dispose of any property, real, personal, 704
	1054	+	or mixed. 705
	1055	+	(p) Establish a budget and make expenditures. 706
	1056	+	(q) Borrow money. 707
	1057	+	(r) Appoint committees, including standing committees, 708
	1058	+	composed of members, state regulators, state legislators or 709
	1059	+	their representative s, consumer representatives, and such other 710
	1060	+	interested persons as may be designated in this compact and the 711
	1061	+	bylaws. 712
	1062	+	(s) Provide and receive information from, and cooperate 713
	1063	+	with, law enforcement agencies. 714
	1064	+	(t) Establish and elect an executive committee, including 715
	1065	+	a chair and a vice chair. 716
	1066	+	(u) Determine whether a state's adopted language is 717
	1067	+	materially different from the model compact language such that 718
	1068	+	the state would not qualify for participation in the compact. 719
	1069	+	(v) Perform such other functions as may be necessary or 720
	1070	+	appropriate to achieve the purposes of this compact. 721
	1071	+	(4)(a) The executive committee shall have the power to act 722
	1072	+	on behalf of the commission according to the terms of this 723
	1073	+	compact. The powers, duties, and responsibilities of the 724
	1074	+	executive committee shall include: 725
	1075	+
	1076	+	HB 27 2025
	1077	+
	1078	+
	1079	+
	1080	+	CODING: Words stricken are deletions; words underlined are additions.
	1081	+	hb27-00
	1082	+	Page 30 of 61
	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
	1084	+
	1085	+
	1086	+
	1087	+	1. Oversee the day-to-day activities of the administration 726
	1088	+	of the compact, including enforcement and compliance with the 727
	1089	+	provisions of the compact, its rules and bylaws, and other such 728
	1090	+	duties as deemed necessary. 729
	1091	+	2. Recommend to the commission changes to the rules or 730
	1092	+	bylaws, changes to this compact legislation, fees charged to 731
	1093	+	compact member states, fees charged to licensees, and other 732
	1094	+	fees. 733
	1095	+	3. Ensure compact administration services are 734
	1096	+	appropriately provided, including by co ntract. 735
	1097	+	4. Prepare and recommend the budget. 736
	1098	+	5. Maintain financial records on behalf of the commission. 737
	1099	+	6. Monitor compact compliance of member states and provide 738
	1100	+	compliance reports to the commission. 739
	1101	+	7. Establish additional committees as necessary . 740
	1102	+	8. Exercise the powers and duties of the commission during 741
	1103	+	the interim between commission meetings, except for adopting or 742
	1104	+	amending rules, adopting or amending bylaws, and exercising any 743
	1105	+	other powers and duties reserved expressly for use by the 744
	1106	+	commission by rule or bylaw. 745
	1107	+	9. Other duties as provided in the rules or bylaws of the 746
	1108	+	commission. 747
	1109	+	(b) The executive committee shall be composed of up to 11 748
	1110	+	members: 749
	1111	+	1. The chair and vice chair of the commission shall be 750
	1112	+
	1113	+	HB 27 2025
	1114	+
	1115	+
	1116	+
	1117	+	CODING: Words stricken are deletions; words underlined are additions.
	1118	+	hb27-00
	1119	+	Page 31 of 61
	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
	1121	+
	1122	+
	1123	+
	1124	+	voting members of the executive comm ittee. 751
	1125	+	2. The commission shall elect five voting members from the 752
	1126	+	current membership of the commission. 753
	1127	+	3. Up to four ex-officio, nonvoting members from four 754
	1128	+	recognized national social work organizations, selected by their 755
	1129	+	respective organizations. 756
	1130	+	(c) The commission may remove any member of the executive 757
	1131	+	committee as provided in the commission's bylaws. 758
	1132	+	(d) The executive committee shall meet at least annually. 759
	1133	+	1. Executive committee meetings shall be open to the 760
	1134	+	public, except that the executive committee may meet in a 761
	1135	+	closed, nonpublic meeting as provided in subsection (6). 762
	1136	+	2. The executive committee shall give 7 days' notice of 763
	1137	+	its meetings, posted on its website and as determined to provide 764
	1138	+	notice to persons with an interest in the business o f the 765
	1139	+	commission. 766
	1140	+	3. The executive committee may hold a special meeting in 767
	1141	+	accordance with subsection (6). 768
	1142	+	(5) The commission shall adopt and provide to the member 769
	1143	+	states an annual report. 770
	1144	+	(6) All meetings shall be open to the public, except that 771
	1145	+	the commission may meet in a closed, nonpublic meeting as 772
	1146	+	provided in s. 491.023. 773
	1147	+	(a) Public notice for all meetings of the full commission 774
	1148	+	of meetings shall be given in the same manner as required under 775
	1149	+
	1150	+	HB 27 2025
	1151	+
	1152	+
	1153	+
	1154	+	CODING: Words stricken are deletions; words underlined are additions.
	1155	+	hb27-00
	1156	+	Page 32 of 61
	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	+
	1159	+
	1160	+
	1161	+	the rulemaking provisions in Article XII, except that the 776
	1162	+	commission may hold a special meeting as provided in paragraph 777
	1163	+	(b). 778
	1164	+	(b) The commission may hold a special meeting when it must 779
	1165	+	meet to conduct emergency business by giving 48 hours' notice to 780
	1166	+	all commissioners, on the commission's website, and by ot her 781
	1167	+	means as provided in the commission's rules. The commission's 782
	1168	+	legal counsel shall certify that the commission's need to meet 783
	1169	+	qualifies as an emergency. 784
	1170	+	(c) If a meeting, or portion of a meeting, is closed, the 785
	1171	+	presiding officer shall state that the m eeting will be closed 786
	1172	+	and reference each relevant exempting provision, and such 787
	1173	+	reference shall be recorded in the minutes. 788
	1174	+	(d) The commission shall keep minutes that fully and 789
	1175	+	clearly describe all matters discussed in a meeting and shall 790
	1176	+	provide a full and accurate summary of actions taken, and the 791
	1177	+	reasons therefor, including a description of the views 792
	1178	+	expressed. All documents considered in connection with an action 793
	1179	+	shall be identified in such minutes. All minutes and documents 794
	1180	+	of a closed meeting shall remain under seal, subject to release 795
	1181	+	only by a majority vote of the commission or order of a court of 796
	1182	+	competent jurisdiction. 797
	1183	+	(7)(a) The commission shall pay, or provide for the 798
	1184	+	payment of, the reasonable expenses of its establishment, 799
	1185	+	organization, and ongoing activities. 800
	1186	+
	1187	+	HB 27 2025
	1188	+
	1189	+
	1190	+
	1191	+	CODING: Words stricken are deletions; words underlined are additions.
	1192	+	hb27-00
	1193	+	Page 33 of 61
	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
	1195	+
	1196	+
	1197	+
	1198	+	(b) The commission may accept any and all appropriate 801
	1199	+	revenue sources as provided in paragraph (3)(m). 802
	1200	+	(c) The commission may levy on and collect an annual 803
	1201	+	assessment from each member state and impose fees on licensees 804
	1202	+	of member states to whom it grants a multistate license to cover 805
	1203	+	the cost of the operations and activities of the commission and 806
	1204	+	its staff, which must be in a total amount sufficient to cover 807
	1205	+	its annual budget as approved each year for which revenue is not 808
	1206	+	provided by other sources. The aggregate annual assessment 809
	1207	+	amount for member states shall be allocated based upon a formula 810
	1208	+	that the commission shall adopt by rule. 811
	1209	+	(d) The commission may not incur obligations of any kind 812
	1210	+	prior to securing the funds adequate to mee t the same; nor shall 813
	1211	+	the commission pledge the credit of any of the member states, 814
	1212	+	except by and with the authority of the member state. 815
	1213	+	(e) The commission shall keep accurate accounts of all 816
	1214	+	receipts and disbursements. The receipts and disbursements of 817
	1215	+	the commission shall be subject to the financial review and 818
	1216	+	accounting procedures established under its bylaws. However, all 819
	1217	+	receipts and disbursements of funds handled by the commission 820
	1218	+	shall be subject to an annual financial review by a certified or 821
	1219	+	licensed public accountant, and the report of the financial 822
	1220	+	review shall be included in and become part of the annual report 823
	1221	+	of the commission. 824
	1222	+	(8)(a) The members, officers, executive director, 825
	1223	+
	1224	+	HB 27 2025
	1225	+
	1226	+
	1227	+
	1228	+	CODING: Words stricken are deletions; words underlined are additions.
	1229	+	hb27-00
	1230	+	Page 34 of 61
	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	+
	1233	+
	1234	+
	1235	+	employees, and representatives of the commission shall be immun e 826
	1236	+	from suit and liability, both personally and in their official 827
	1237	+	capacity, for any claim for damage to or loss of property or 828
	1238	+	personal injury or other civil liability caused by or arising 829
	1239	+	out of any actual or alleged act, error, or omission that 830
	1240	+	occurred, or that the person against whom the claim is made had 831
	1241	+	a reasonable basis for believing occurred within the scope of 832
	1242	+	commission employment, duties, or responsibilities; provided 833
	1243	+	that this paragraph does not protect any such person from suit 834
	1244	+	or liability for any damage, loss, injury, or liability caused 835
	1245	+	by the intentional or willful or wanton misconduct of that 836
	1246	+	person. The procurement of insurance of any type by the 837
	1247	+	commission may not in any way compromise or limit the immunity 838
	1248	+	granted hereunder. 839
	1249	+	(b) The commission shall defend any member, officer, 840
	1250	+	executive director, employee, and representative of the 841
	1251	+	commission in any civil action seeking to impose liability 842
	1252	+	arising out of any actual or alleged act, error, or omission 843
	1253	+	that occurred within the s cope of commission employment, duties, 844
	1254	+	or responsibilities, or as determined by the commission that the 845
	1255	+	person against whom the claim is made had a reasonable basis for 846
	1256	+	believing occurred within the scope of commission employment, 847
	1257	+	duties, or responsibiliti es; provided that nothing herein shall 848
	1258	+	be construed to prohibit that person from retaining his or her 849
	1259	+	own counsel at his or her own expense; and provided further that 850
	1260	+
	1261	+	HB 27 2025
	1262	+
	1263	+
	1264	+
	1265	+	CODING: Words stricken are deletions; words underlined are additions.
	1266	+	hb27-00
	1267	+	Page 35 of 61
	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
	1269	+
	1270	+
	1271	+
	1272	+	the actual or alleged act, error, or omission did not result 851
	1273	+	from the intentional or will ful or wanton misconduct of that 852
	1274	+	person. 853
	1275	+	(c) The commission shall indemnify and hold harmless any 854
	1276	+	member, officer, executive director, employee, and 855
	1277	+	representative of the commission for the amount of any 856
	1278	+	settlement or judgment obtained against that perso n arising out 857
	1279	+	of any actual or alleged act, error, or omission that occurred 858
	1280	+	within the scope of commission employment, duties, or 859
	1281	+	responsibilities, or, as determined by the commission, that the 860
	1282	+	person against whom the claim is made had a reasonable basis for 861
	1283	+	believing occurred within the scope of commission employment, 862
	1284	+	duties, or responsibilities, provided that the actual or alleged 863
	1285	+	act, error, or omission did not result from the intentional or 864
	1286	+	willful or wanton misconduct of that person. 865
	1287	+	(d) Nothing herein shall be construed as a limitation on 866
	1288	+	the liability of any licensee for professional malpractice or 867
	1289	+	misconduct, which shall be governed solely by any other 868
	1290	+	applicable state laws. 869
	1291	+	(e) This compact may not be interpreted to waive or 870
	1292	+	otherwise abrogate a member state's state action immunity or 871
	1293	+	state action affirmative defense with respect to antitrust 872
	1294	+	claims under the Sherman Antitrust Act, Clayton Antitrust Act of 873
	1295	+	1914, or any other state or federal antitrust or anticompetitive 874
	1296	+	law or regulation. 875
	1297	+
	1298	+	HB 27 2025
	1299	+
	1300	+
	1301	+
	1302	+	CODING: Words stricken are deletions; words underlined are additions.
	1303	+	hb27-00
	1304	+	Page 36 of 61
	1305	+	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
	1306	+
	1307	+
	1308	+
	1309	+	(f) This compact may not be construed to be a waiver of 876
	1310	+	sovereign immunity by the member states or by the commission. 877
	1311	+	878
	1312	+	ARTICLE XI 879
	1313	+	DATA SYSTEM 880
	1314	+	881
	1315	+	(1) The commission shall provide for the development, 882
	1316	+	maintenance, operation, and utilization of a coordinated data 883
	1317	+	system. 884
	1318	+	(2) The commission shall assign each applicant for a 885
	1319	+	multistate license a unique identifier, as determined by the 886
	1320	+	rules of the commission. 887
	1321	+	(3) Notwithstanding any other provision of state law to 888
	1322	+	the contrary, a member state shall submit a unif orm data set to 889
	1323	+	the data system on all individuals to whom this compact is 890
	1324	+	applicable as required by the rules of the commission, 891
	1325	+	including: 892
	1326	+	(a) Identifying information. 893
	1327	+	(b) Licensure data. 894
	1328	+	(c) Adverse actions against a license and information 895
	1329	+	related thereto. 896
	1330	+	(d) Nonconfidential information related to alternative 897
	1331	+	program participation, the beginning and ending dates of such 898
	1332	+	participation, and other information related to such 899
	1333	+	participation not made confidential under member state law. 900
	1334	+
	1335	+	HB 27 2025
	1336	+
	1337	+
	1338	+
	1339	+	CODING: Words stricken are deletions; words underlined are additions.
	1340	+	hb27-00
	1341	+	Page 37 of 61
	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	+
	1344	+
	1345	+
	1346	+	(e) Any denial of application for licensure, and the 901
	1347	+	reason for such denial. 902
	1348	+	(f) The presence of current significant investigative 903
	1349	+	information. 904
	1350	+	(g) Other information that may facilitate the 905
	1351	+	administration of this compact or the protection of the public, 906
	1352	+	as determined by the rules of the commission. 907
	1353	+	(4) The records and information provided to a member state 908
	1354	+	pursuant to this compact or through the data system, when 909
	1355	+	certified by the commission or an agent thereof, shall 910
	1356	+	constitute the authenticated business r ecords of the commission, 911
	1357	+	and shall be entitled to any associated hearsay exception in any 912
	1358	+	relevant judicial, quasi -judicial, or administrative proceedings 913
	1359	+	in a member state. 914
	1360	+	(5)(a) Current significant investigative information 915
	1361	+	pertaining to a licensee i n any member state will only be 916
	1362	+	available to other member states. 917
	1363	+	(b) It is the responsibility of the member states to 918
	1364	+	report any adverse action against a licensee and to monitor the 919
	1365	+	database to determine whether adverse action has been taken 920
	1366	+	against a licensee. Adverse action information pertaining to a 921
	1367	+	licensee in any member state will be available to any other 922
	1368	+	member state. 923
	1369	+	(6) Member states contributing information to the data 924
	1370	+	system may designate information that may not be shared with the 925
	1371	+
	1372	+	HB 27 2025
	1373	+
	1374	+
	1375	+
	1376	+	CODING: Words stricken are deletions; words underlined are additions.
	1377	+	hb27-00
	1378	+	Page 38 of 61
	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	+
	1381	+
	1382	+
	1383	+	public without the express permission of the contributing state. 926
	1384	+	(7) Any information submitted to the data system that is 927
	1385	+	subsequently expunged pursuant to federal law or the laws of the 928
	1386	+	member state contributing the information shall be removed from 929
	1387	+	the data system. 930
	1388	+	931
	1389	+	ARTICLE XII 932
	1390	+	RULEMAKING 933
	1391	+	934
	1392	+	(1) The commission shall adopt reasonable rules in order 935
	1393	+	to effectively and efficiently implement and administer the 936
	1394	+	purposes and provisions of the compact. A rule shall be invalid 937
	1395	+	and have no force or effect only if a cour t of competent 938
	1396	+	jurisdiction holds that the rule is invalid because the 939
	1397	+	commission exercised its rulemaking authority in a manner that 940
	1398	+	is beyond the scope and purposes of the compact, or the powers 941
	1399	+	granted hereunder, or based upon another applicable standar d of 942
	1400	+	review. 943
	1401	+	(2) The rules of the commission shall have the force of 944
	1402	+	law in each member state; however, if the rules of the 945
	1403	+	commission conflict with the laws, regulations, and applicable 946
	1404	+	standards that govern the practice of social work as held by a 947
	1405	+	court of competent jurisdiction, the rules of the commission are 948
	1406	+	ineffective in that state to the extent of the conflict. 949
	1407	+	(3) The commission shall exercise its rulemaking powers 950
	1408	+
	1409	+	HB 27 2025
	1410	+
	1411	+
	1412	+
	1413	+	CODING: Words stricken are deletions; words underlined are additions.
	1414	+	hb27-00
	1415	+	Page 39 of 61
	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
	1417	+
	1418	+
	1419	+
	1420	+	pursuant to the criteria provided in this section and the rules 951
	1421	+	adopted thereunder. Rules shall become binding on the day 952
	1422	+	following adoption or the date specified in the rule or 953
	1423	+	amendment, whichever is later. 954
	1424	+	(4) If a majority of the legislatures of the member states 955
	1425	+	rejects a rule or portion of a rule, by enactment of a statute 956
	1426	+	or resolution in the same manner used to adopt the compact 957
	1427	+	within 4 years after the date of adoption of the rule, then such 958
	1428	+	rule shall have no further force and effect in any member state. 959
	1429	+	(5) Rules shall be adopted at a regular or special meeting 960
	1430	+	of the commission. 961
	1431	+	(6) Before adoption of a proposed rule, the commission 962
	1432	+	shall hold a public hearing and allow persons to provide oral 963
	1433	+	and written comments, data, facts, opinions, and arguments. 964
	1434	+	(7) Before adoption of a proposed rule by the commission, 965
	1435	+	and at least 30 days in advance of the meeting at which the 966
	1436	+	commission will hold a public hearing on the proposed rule, the 967
	1437	+	commission shall provide a notice of proposed rulemaking: 968
	1438	+	(a) On the website of the commission or other publicly 969
	1439	+	accessible platform. 970
	1440	+	(b) To persons who have requested notice of the 971
	1441	+	commission's notices of proposed rulemaking. 972
	1442	+	(c) In such other way as the commission may by rule 973
	1443	+	specify. 974
	1444	+	(8) The notice of proposed rulemaking shall include: 975
	1445	+
	1446	+	HB 27 2025
	1447	+
	1448	+
	1449	+
	1450	+	CODING: Words stricken are deletions; words underlined are additions.
	1451	+	hb27-00
	1452	+	Page 40 of 61
	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	+
	1455	+
	1456	+
	1457	+	(a) The time, date, and location of the publ ic hearing at 976
	1458	+	which the commission will hear public comments on the proposed 977
	1459	+	rule and, if different, the time, date, and location of the 978
	1460	+	meeting where the commission will consider and vote on the 979
	1461	+	proposed rule. 980
	1462	+	(b) If the hearing is held via telecommunic ation, video 981
	1463	+	conference, or other similar electronic means, the commission 982
	1464	+	shall include the mechanism for access to the hearing in the 983
	1465	+	notice of proposed rulemaking. 984
	1466	+	(c) The text of the proposed rule and the reason therefor. 985
	1467	+	(d) A request for comments on the proposed rule from any 986
	1468	+	interested person. 987
	1469	+	(e) The manner in which interested persons may submit 988
	1470	+	written comments. 989
	1471	+	(9) All hearings will be recorded. A copy of the recording 990
	1472	+	and all written comments and documents received by the 991
	1473	+	commission in response to the proposed rule shall be available 992
	1474	+	to the public. 993
	1475	+	(10) This section does not require a separate hearing on 994
	1476	+	each rule. Rules may be grouped for the convenience of the 995
	1477	+	commission at hearings required by this section. 996
	1478	+	(11) The commission shall, by majority vote of all 997
	1479	+	members, take final action on the proposed rule based on the 998
	1480	+	rulemaking record and the full text of the rule. 999
	1481	+	(a) The commission may adopt changes to the proposed rule 1000
	1482	+
	1483	+	HB 27 2025
	1484	+
	1485	+
	1486	+
	1487	+	CODING: Words stricken are deletions; words underlined are additions.
	1488	+	hb27-00
	1489	+	Page 41 of 61
	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	+
	1492	+
	1493	+
	1494	+	provided the changes do not enlarge the original purpos e of the 1001
	1495	+	proposed rule. 1002
	1496	+	(b) The commission shall provide an explanation of the 1003
	1497	+	reasons for substantive changes made to the proposed rule as 1004
	1498	+	well as reasons for substantive changes not made that were 1005
	1499	+	recommended by commenters. 1006
	1500	+	(c) The commission shall d etermine a reasonable effective 1007
	1501	+	date for the rule. Except for an emergency as provided in 1008
	1502	+	subsection (12), the effective date of the rule shall be no 1009
	1503	+	sooner than 30 days after issuing the notice that the commission 1010
	1504	+	adopted or amended the rule. 1011
	1505	+	(12) Upon determination that an emergency exists, the 1012
	1506	+	commission may consider and adopt an emergency rule with 48 1013
	1507	+	hours' notice, with opportunity to comment, provided that the 1014
	1508	+	usual rulemaking procedures provided in the compact and in this 1015
	1509	+	section shall be retroacti vely applied to the rule as soon as 1016
	1510	+	reasonably possible, but in no event later than 90 days after 1017
	1511	+	the effective date of the rule. For the purposes of this 1018
	1512	+	subsection, an emergency rule is one that must be adopted 1019
	1513	+	immediately in order to: 1020
	1514	+	(a) Meet an imminent threat to public health, safety, or 1021
	1515	+	welfare; 1022
	1516	+	(b) Prevent a loss of commission or member state funds; 1023
	1517	+	(c) Meet a deadline for the adoption of a rule that is 1024
	1518	+	established by federal law or rule; or 1025
	1519	+
	1520	+	HB 27 2025
	1521	+
	1522	+
	1523	+
	1524	+	CODING: Words stricken are deletions; words underlined are additions.
	1525	+	hb27-00
	1526	+	Page 42 of 61
	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	+
	1529	+
	1530	+
	1531	+	(d) Protect public health and safety. 1026
	1532	+	(13) The commission or an authorized committee of the 1027
	1533	+	commission may direct revisions to a previously adopted rule for 1028
	1534	+	purposes of correcting typographical errors, errors in format, 1029
	1535	+	errors in consistency, or grammatical errors. Public notice of 1030
	1536	+	any revisions shall be posted on the website of the commission. 1031
	1537	+	The revision shall be subject to challenge by any person for a 1032
	1538	+	period of 30 days after posting. The revision may be challenged 1033
	1539	+	only on grounds that the revision results in a material change 1034
	1540	+	to a rule. A challenge shall be made in writing and delivered to 1035
	1541	+	the commission prior to the end of the notice period. If no 1036
	1542	+	challenge is made, the revision will take effect without further 1037
	1543	+	action. If the revision is challenged, the revision may not take 1038
	1544	+	effect without the appr oval of the commission. 1039
	1545	+	(14) No member state's rulemaking requirements shall apply 1040
	1546	+	under this compact. 1041
	1547	+	1042
	1548	+	ARTICLE XIII 1043
	1549	+	OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 1044
	1550	+	1045
	1551	+	(1)(a) The executive and judicial branches of state 1046
	1552	+	government in each member state sha ll enforce this compact and 1047
	1553	+	take all actions necessary and appropriate to implement the 1048
	1554	+	compact. 1049
	1555	+	(b) Except as otherwise provided in this compact, venue is 1050
	1556	+
	1557	+	HB 27 2025
	1558	+
	1559	+
	1560	+
	1561	+	CODING: Words stricken are deletions; words underlined are additions.
	1562	+	hb27-00
	1563	+	Page 43 of 61
	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	+
	1566	+
	1567	+
	1568	+	proper and judicial proceedings by or against the commission 1051
	1569	+	shall be brought solely and exclusive ly in a court of competent 1052
	1570	+	jurisdiction where the principal office of the commission is 1053
	1571	+	located. The commission may waive venue and jurisdictional 1054
	1572	+	defenses to the extent it adopts or consents to participate in 1055
	1573	+	alternative dispute resolution proceedings. No thing herein shall 1056
	1574	+	affect or limit the selection or propriety of venue in any 1057
	1575	+	action against a licensee for professional malpractice, 1058
	1576	+	misconduct, or any such similar matter. 1059
	1577	+	(c) The commission shall be entitled to receive service of 1060
	1578	+	process in any procee ding regarding the enforcement or 1061
	1579	+	interpretation of the compact and shall have standing to 1062
	1580	+	intervene in such a proceeding for all purposes. Failure to 1063
	1581	+	provide the commission service of process shall render a 1064
	1582	+	judgment or order void as to the commission, thi s compact, or 1065
	1583	+	adopted rules. 1066
	1584	+	(2)(a) If the commission determines that a member state 1067
	1585	+	has defaulted in the performance of its obligations or 1068
	1586	+	responsibilities under this compact or the adopted rules, the 1069
	1587	+	commission shall provide written notice to the defau lting state. 1070
	1588	+	The notice of default shall describe the default, the proposed 1071
	1589	+	means of curing the default, and any other action that the 1072
	1590	+	commission may take, and shall offer training and specific 1073
	1591	+	technical assistance regarding the default. 1074
	1592	+	(b) The commission shall provide a copy of the notice of 1075
	1593	+
	1594	+	HB 27 2025
	1595	+
	1596	+
	1597	+
	1598	+	CODING: Words stricken are deletions; words underlined are additions.
	1599	+	hb27-00
	1600	+	Page 44 of 61
	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	+
	1603	+
	1604	+
	1605	+	default to the other member states. 1076
	1606	+	(3) If a state in default fails to cure the default, the 1077
	1607	+	defaulting state may be terminated from the compact upon an 1078
	1608	+	affirmative vote of a majority of the delegates of the membe r 1079
	1609	+	states, and all rights, privileges, and benefits conferred on 1080
	1610	+	that state by this compact may be terminated on the effective 1081
	1611	+	date of termination. A cure of the default does not relieve the 1082
	1612	+	offending state of obligations or liabilities incurred during 1083
	1613	+	the period of default. 1084
	1614	+	(4) Termination of membership in the compact shall be 1085
	1615	+	imposed only after all other means of securing compliance have 1086
	1616	+	been exhausted. Notice of intent to suspend or terminate shall 1087
	1617	+	be given by the commission to the Governor, the majorit y and 1088
	1618	+	minority leaders of the defaulting state's legislature, the 1089
	1619	+	defaulting state's state licensing authority, and the licensing 1090
	1620	+	authority of each member state. 1091
	1621	+	(5) A state that has been terminated is responsible for 1092
	1622	+	all assessments, obligations, and li abilities incurred through 1093
	1623	+	the effective date of termination, including obligations that 1094
	1624	+	extend beyond the effective date of termination. 1095
	1625	+	(6) Upon the termination of a state's membership from this 1096
	1626	+	compact, that state shall immediately provide notice to a ll 1097
	1627	+	licensees within that state of such termination. The terminated 1098
	1628	+	state shall continue to recognize all licenses granted pursuant 1099
	1629	+	to this compact for a minimum of 6 months after the date of said 1100
	1630	+
	1631	+	HB 27 2025
	1632	+
	1633	+
	1634	+
	1635	+	CODING: Words stricken are deletions; words underlined are additions.
	1636	+	hb27-00
	1637	+	Page 45 of 61
	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	+
	1640	+
	1641	+
	1642	+	notice of termination. 1101
	1643	+	(7) The commission may not bear any costs related to a 1102
	1644	+	state that is found to be in default or that has been terminated 1103
	1645	+	from the compact, unless agreed upon in writing between the 1104
	1646	+	commission and the defaulting state. 1105
	1647	+	(8) The defaulting state may appeal the action of the 1106
	1648	+	commission by petitioning the United States District Court for 1107
	1649	+	the District of Columbia or the federal district where the 1108
	1650	+	commission has its principal offices. The prevailing party shall 1109
	1651	+	be awarded all costs of such litigation, including reasonable 1110
	1652	+	attorney fees. 1111
	1653	+	(9)(a) Upon request by a member state, the commission 1112
	1654	+	shall attempt to resolve disputes related to the compact that 1113
	1655	+	arise among member states and between member and nonmember 1114
	1656	+	states. 1115
	1657	+	(b) The commission shall adopt a rule providing for both 1116
	1658	+	mediation and binding dispute resolution for disputes as 1117
	1659	+	appropriate. 1118
	1660	+	(10)(a) By majority vote as provided by rule, the 1119
	1661	+	commission may initiate legal action against a member state in 1120
	1662	+	default in the United States District Court for the District of 1121
	1663	+	Columbia or the federal distr ict where the commission has its 1122
	1664	+	principal offices to enforce compliance with the provisions of 1123
	1665	+	the compact and its adopted rules. The relief sought may include 1124
	1666	+	both injunctive relief and damages. In the event judicial 1125
	1667	+
	1668	+	HB 27 2025
	1669	+
	1670	+
	1671	+
	1672	+	CODING: Words stricken are deletions; words underlined are additions.
	1673	+	hb27-00
	1674	+	Page 46 of 61
	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	+
	1677	+
	1678	+
	1679	+	enforcement is necessary, the prevail ing party shall be awarded 1126
	1680	+	all costs of such litigation, including reasonable attorney 1127
	1681	+	fees. The remedies herein may not be the exclusive remedies of 1128
	1682	+	the commission. The commission may pursue any other remedies 1129
	1683	+	available under federal or the defaulting mem ber state's law. 1130
	1684	+	(b) A member state may initiate legal action against the 1131
	1685	+	commission in the United States District Court for the District 1132
	1686	+	of Columbia or the federal district where the commission has its 1133
	1687	+	principal offices to enforce compliance with the pr ovisions of 1134
	1688	+	the compact and its adopted rules. The relief sought may include 1135
	1689	+	both injunctive relief and damages. In the event judicial 1136
	1690	+	enforcement is necessary, the prevailing party shall be awarded 1137
	1691	+	all costs of such litigation, including reasonable attorn ey 1138
	1692	+	fees. 1139
	1693	+	(c) Only a member state may enforce this compact against 1140
	1694	+	the commission. 1141
	1695	+	1142
	1696	+	ARTICLE XIV 1143
	1697	+	EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 1144
	1698	+	1145
	1699	+	(1) The compact shall come into effect on the date on 1146
	1700	+	which the compact statute is enacted into law in the seventh 1147
	1701	+	member state. 1148
	1702	+	(2)(a) On or after the effective date of the compact, the 1149
	1703	+	commission shall convene and review the enactment of each of the 1150
	1704	+
	1705	+	HB 27 2025
	1706	+
	1707	+
	1708	+
	1709	+	CODING: Words stricken are deletions; words underlined are additions.
	1710	+	hb27-00
	1711	+	Page 47 of 61
	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	+
	1714	+
	1715	+
	1716	+	first seven charter member states to determine if the statute 1151
	1717	+	enacted by each such charter member state is materiall y 1152
	1718	+	different than the model compact statute. 1153
	1719	+	1. A charter member state whose enactment is found to be 1154
	1720	+	materially different from the model compact statute shall be 1155
	1721	+	entitled to the default process provided in Article XIII. 1156
	1722	+	2. If any member state is later found to be in default, or 1157
	1723	+	is terminated or withdraws from the compact, the commission 1158
	1724	+	shall remain in existence and the compact shall remain in effect 1159
	1725	+	even if the number of member states should be less than seven. 1160
	1726	+	(b) Member states enacting the compact subsequent to the 1161
	1727	+	seven initial charter member states shall be subject to the 1162
	1728	+	process provided in paragraph (3)(u) of Article X to determine 1163
	1729	+	if their enactments are materially different from the model 1164
	1730	+	compact statute and whether they qualify for participat ion in 1165
	1731	+	the compact. 1166
	1732	+	(c) All actions taken for the benefit of the commission or 1167
	1733	+	in furtherance of the purposes of the administration of the 1168
	1734	+	compact prior to the effective date of the compact or the 1169
	1735	+	commission coming into existence shall be considered to b e 1170
	1736	+	actions of the commission unless specifically repudiated by the 1171
	1737	+	commission. 1172
	1738	+	(d) Any state that joins the compact subsequent to the 1173
	1739	+	commission's initial adoption of the rules and bylaws shall be 1174
	1740	+	subject to the rules and bylaws as they exist on the date on 1175
	1741	+
	1742	+	HB 27 2025
	1743	+
	1744	+
	1745	+
	1746	+	CODING: Words stricken are deletions; words underlined are additions.
	1747	+	hb27-00
	1748	+	Page 48 of 61
	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	+
	1751	+
	1752	+
	1753	+	which the compact becomes law in that state. Any rule that has 1176
	1754	+	been previously adopted by the commission shall have the full 1177
	1755	+	force and effect of law on the day the compact becomes law in 1178
	1756	+	that state. 1179
	1757	+	(3) Any member state may withdraw from this compact by 1180
	1758	+	enacting a statute repealing the same. 1181
	1759	+	(a) A member state's withdrawal may not take effect until 1182
	1760	+	180 days after enactment of the repealing statute. 1183
	1761	+	(b) Withdrawal may not affect the continuing requirement 1184
	1762	+	of the withdrawing state's licensing authori ty to comply with 1185
	1763	+	the investigative and adverse action reporting requirements of 1186
	1764	+	this compact before the effective date of withdrawal. 1187
	1765	+	(c) Upon the enactment of a statute withdrawing from this 1188
	1766	+	compact, a state shall immediately provide notice of such 1189
	1767	+	withdrawal to all licensees within that state. Notwithstanding 1190
	1768	+	any subsequent statutory enactment to the contrary, such 1191
	1769	+	withdrawing state shall continue to recognize all licenses 1192
	1770	+	granted pursuant to this compact for a minimum of 180 days after 1193
	1771	+	the date of such notice of withdrawal. 1194
	1772	+	(4) This compact does not invalidate or prevent any 1195
	1773	+	licensure agreement or other cooperative arrangement between a 1196
	1774	+	member state and a nonmember state that does not conflict with 1197
	1775	+	the provisions of this compact. 1198
	1776	+	(5) This compact may be amended by the member states. Any 1199
	1777	+	amendment to this compact is not effective and binding upon any 1200
	1778	+
	1779	+	HB 27 2025
	1780	+
	1781	+
	1782	+
	1783	+	CODING: Words stricken are deletions; words underlined are additions.
	1784	+	hb27-00
	1785	+	Page 49 of 61
	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	+
	1788	+
	1789	+
	1790	+	member state until it is enacted into the laws of all member 1201
	1791	+	states. 1202
	1792	+	1203
	1793	+	ARTICLE XV 1204
	1794	+	CONSTRUCTION AND SEVERABILITY 1205
	1795	+	1206
	1796	+	(1) This compact and the commission's rulemaking authority 1207
	1797	+	shall be liberally construed so as to effectuate the purposes 1208
	1798	+	and the implementation and administration of the compact. 1209
	1799	+	Provisions of the compact expressly authorizing or requiring the 1210
	1800	+	adoption of rules may not be construed to limit th e commission's 1211
	1801	+	rulemaking authority solely for those purposes. 1212
	1802	+	(2) The provisions of this compact shall be severable and 1213
	1803	+	if any phrase, clause, sentence, or provision of this compact is 1214
	1804	+	held by a court of competent jurisdiction to be contrary to the 1215
	1805	+	constitution of any member state, a state seeking participation 1216
	1806	+	in the compact, or of the United states, or the application 1217
	1807	+	thereof to any government, agency, person, or circumstance is 1218
	1808	+	held to be unconstitutional by a court of competent 1219
	1809	+	jurisdiction, the vali dity of the remainder of this compact and 1220
	1810	+	the applicability thereof to any other government, agency, 1221
	1811	+	person, or circumstance may not be affected thereby. 1222
	1812	+	(3) Notwithstanding subsection (2), the commission may 1223
	1813	+	deny a state's participation in the compact o r, in accordance 1224
	1814	+	with the requirements of subsection (3) of Article XIII, 1225
	1815	+
	1816	+	HB 27 2025
	1817	+
	1818	+
	1819	+
	1820	+	CODING: Words stricken are deletions; words underlined are additions.
	1821	+	hb27-00
	1822	+	Page 50 of 61
	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	+
	1825	+
	1826	+
	1827	+	terminate a member state's participation in the compact, if it 1226
	1828	+	determines that a constitutional requirement of a member state 1227
	1829	+	is a material departure from the compact. Otherwise, if this 1228
	1830	+	compact shall be held to be contrary to the constitution of any 1229
	1831	+	member state, the compact shall remain in full force and effect 1230
	1832	+	as to the remaining member states and in full force and effect 1231
	1833	+	as to the member state affected as to all severable matters. 1232
	1834	+	1233
	1835	+	ARTICLE XVI 1234
	1836	+	CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1235
	1837	+	1236
	1838	+	(1) A licensee providing services in a remote state under 1237
	1839	+	a multistate authorization to practice shall adhere to the laws 1238
	1840	+	and regulations, including laws, regulations, and applicable 1239
	1841	+	standards, of the remote state where the client is located at 1240
	1842	+	the time care is rendered. 1241
	1843	+	(2) Nothing herein shall prevent or inhibit the 1242
	1844	+	enforcement of any other law of a member state that is not 1243
	1845	+	inconsistent with the compact. 1244
	1846	+	(3) Any laws, statutes, regulations, or other legal 1245
	1847	+	requirements in a member state in conflict with the compact are 1246
	1848	+	superseded to the extent of the conflict. 1247
	1849	+	(4) All permissible agreements between the commission and 1248
	1850	+	the member states are binding in accordance with their terms. 1249
	1851	+	Section 2. Subsection (10) of section 456.073, Florida 1250
	1852	+
	1853	+	HB 27 2025
	1854	+
	1855	+
	1856	+
	1857	+	CODING: Words stricken are deletions; words underlined are additions.
	1858	+	hb27-00
	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	+	Statutes, is amended to read: 1251
	1865	+	456.073 Disciplinary proceedings. —Disciplinary proceedings 1252
	1866	+	for each board shall be within the jurisdiction of the 1253
	1867	+	department. 1254
	1868	+	(10)(a) The complaint and all informa tion obtained 1255
	1869	+	pursuant to the investigation by the department are confidential 1256
	1870	+	and exempt from s. 119.07(1) until 10 days after probable cause 1257
	1871	+	has been found to exist by the probable cause panel or by the 1258
	1872	+	department, or until the regulated professional or subject of 1259
	1873	+	the investigation waives his or her privilege of 1260
	1874	+	confidentiality, whichever occurs first. 1261
	1875	+	(b) The department shall report any significant 1262
	1876	+	investigative investigation information relating to a nurse 1263
	1877	+	holding a multistate license to the coordinat ed licensure 1264
	1878	+	information system pursuant to s. 464.0095; any investigative 1265
	1879	+	information relating to an audiologist or a speech -language 1266
	1880	+	pathologist holding a compact privilege under the Audiology and 1267
	1881	+	Speech-Language Pathology Interstate Compact to the data system 1268
	1882	+	pursuant to s. 468.1335; any investigative information relating 1269
	1883	+	to a physical therapist or physical therapist assistant holding 1270
	1884	+	a compact privilege under the Physical Therapy Licensure Compact 1271
	1885	+	to the data system pursuant to s. 486.112; any investigative 1272
	1886	+	significant investigatory information relating to a psychologist 1273
	1887	+	practicing under the Psychology Interjurisdictional Compact to 1274
	1888	+	the coordinated licensure information system pursuant to s. 1275
	1889	+
	1890	+	HB 27 2025
	1891	+
	1892	+
	1893	+
	1894	+	CODING: Words stricken are deletions; words underlined are additions.
	1895	+	hb27-00
	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	+	490.0075; and any significant investigative investigatory 1276
	1902	+	information relating to a health care practitioner practicing 1277
	1903	+	under the Professional Counselors Licensure Compact to the data 1278
	1904	+	system pursuant to s. 491.017 ; and any investigative information 1279
	1905	+	relating to a clinical social worker practicing under the Social 1280
	1906	+	Work Licensure Interstate Compact to the data system pursuant to 1281
	1907	+	s. 491.022. 1282
	1908	+	(c) Upon completion of the investigation and a 1283
	1909	+	recommendation by the department to find probable cause, and 1284
	1910	+	pursuant to a written request by the subject or the subject's 1285
	1911	+	attorney, the department shall provide the subject an 1286
	1912	+	opportunity to inspect the investigative file or, at the 1287
	1913	+	subject's expense, forward to the subject a copy of the 1288
	1914	+	investigative file. Notwithstanding s. 456.057, the subject may 1289
	1915	+	inspect or receive a copy of any expe rt witness report or 1290
	1916	+	patient record connected with the investigation if the subject 1291
	1917	+	agrees in writing to maintain the confidentiality of any 1292
	1918	+	information received under this subsection until 10 days after 1293
	1919	+	probable cause is found and to maintain the confiden tiality of 1294
	1920	+	patient records pursuant to s. 456.057. The subject may file a 1295
	1921	+	written response to the information contained in the 1296
	1922	+	investigative file. Such response must be filed within 20 days 1297
	1923	+	after of mailing by the department, unless an extension of time 1298
	1924	+	has been granted by the department. 1299
	1925	+	(d) This subsection does not prohibit the department from 1300
	1926	+
	1927	+	HB 27 2025
	1928	+
	1929	+
	1930	+
	1931	+	CODING: Words stricken are deletions; words underlined are additions.
	1932	+	hb27-00
	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	+	providing the complaint and any information obtained pursuant to 1301
	1939	+	the department's investigation to any law enforcement agency or 1302
	1940	+	to any other regulatory agency. 1303
	1941	+	Section 3. Subsection (5) of section 456.076, Florida 1304
	1942	+	Statutes, is amended to read: 1305
	1943	+	456.076 Impaired practitioner programs. — 1306
	1944	+	(5) A consultant shall enter into a participant contract 1307
	1945	+	with an impaired practitioner and shall establish the terms of 1308
	1946	+	monitoring and shall include the terms in a participant 1309
	1947	+	contract. In establishing the terms of monitoring, the 1310
	1948	+	consultant may consider the recommendations of one or more 1311
	1949	+	approved evaluators, treatment programs, or treatment providers. 1312
	1950	+	A consultant may modify t he terms of monitoring if the 1313
	1951	+	consultant concludes, through the course of monitoring, that 1314
	1952	+	extended, additional, or amended terms of monitoring are 1315
	1953	+	required for the protection of the health, safety, and welfare 1316
	1954	+	of the public. If the impaired practitioner i s an audiologist or 1317
	1955	+	a speech-language pathologist practicing under the Audiology and 1318
	1956	+	Speech-Language Pathology Interstate Compact pursuant to s. 1319
	1957	+	468.1335, a physical therapist or physical therapist assistant 1320
	1958	+	practicing under the Physical Therapy Licensure Compact pursuant 1321
	1959	+	to s. 486.112, a psychologist practicing under the Psychology 1322
	1960	+	Interjurisdictional Compact pursuant to s. 490.0075, or a health 1323
	1961	+	care practitioner practicing under the Professional Counselors 1324
	1962	+	Licensure Compact pursuant to s. 491.017, or a clinical social 1325
	1963	+
	1964	+	HB 27 2025
	1965	+
	1966	+
	1967	+
	1968	+	CODING: Words stricken are deletions; words underlined are additions.
	1969	+	hb27-00
	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	+	worker practicing under the Social Work Licensure Interstate 1326
	1976	+	Compact pursuant to s. 491.022, the terms of the monitoring 1327
	1977	+	contract must include the impaired practitioner's withdrawal 1328
	1978	+	from all practice under the compact unless authorized by a 1329
	1979	+	member state. 1330
	1980	+	Section 4. Subsection (9) is added to section 491.004, 1331
	1981	+	Florida Statutes, to read: 1332
	1982	+	491.004 Board of Clinical Social Work, Marriage and Family 1333
	1983	+	Therapy, and Mental Health Counseling. — 1334
	1984	+	(9) The board shall appoint an individual to serve as the 1335
	1985	+	state's delegate on the Social Work Licensure Interstate Compact 1336
	1986	+	Commission, as required under s. 491.022. 1337
	1987	+	Section 5. Subsection (6) of section 491.005, Florida 1338
	1988	+	Statutes, is amended to read: 1339
	1989	+	491.005 Licensure by examination. — 1340
	1990	+	(6) EXEMPTIONS EXEMPTION.— 1341
	1991	+	(a) A person licensed as a clinical social worker, 1342
	1992	+	marriage and family therapist, or mental health counselor in 1343
	1993	+	another state who is practicing under the Professional 1344
	1994	+	Counselors Licensure Compact pursuant to s. 491.017, and only 1345
	1995	+	within the scope provided therein, is exempt from the licensure 1346
	1996	+	requirements of this section, as applicable. 1347
	1997	+	(b) A person licensed as a clinical social worker in 1348
	1998	+	another state who is practicing under the Social Work Licensure 1349
	1999	+	Interstate Compact pursuant to s. 491.022, a nd only within the 1350
	2000	+
	2001	+	HB 27 2025
	2002	+
	2003	+
	2004	+
	2005	+	CODING: Words stricken are deletions; words underlined are additions.
	2006	+	hb27-00
	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	+	scope provided therein, is exempt from the licensure 1351
	2013	+	requirements of this section, as applicable. 1352
	2014	+	Section 6. Subsection (4) is added to section 491.006, 1353
	2015	+	Florida Statutes, to read: 1354
	2016	+	491.006 Licensure or certification by endorsement. — 1355
	2017	+	(4) A person licensed as a clinical social worker in 1356
	2018	+	another state who is practicing under the Social Work Licensure 1357
	2019	+	Interstate Compact pursuant to s. 491.022, and only within the 1358
	2020	+	scope provided therein, is exempt from the licensure 1359
	2021	+	requirements of this section, as applicable. 1360
	2022	+	Section 7. Subsection (1) of section 491.009, Florida 1361
	2023	+	Statutes, is amended, and paragraph (c) is added to subsection 1362
	2024	+	(2) of that section, to read: 1363
	2025	+	491.009 Discipline. — 1364
	2026	+	(1) The following acts constitute grounds for denial of a 1365
	2027	+	license or disciplinary action, as specified in s. 456.072(2) , 1366
	2028	+	or s. 491.017, or s. 491.022: 1367
	2029	+	(a) Attempting to obtain, obtaining, or renewing a 1368
	2030	+	license, registration, or certificate under this chapter by 1369
	2031	+	bribery or fraudulent misrepresentation or thro ugh an error of 1370
	2032	+	the board or the department. 1371
	2033	+	(b) Having a license, registration, or certificate to 1372
	2034	+	practice a comparable profession revoked, suspended, or 1373
	2035	+	otherwise acted against, including the denial of certification 1374
	2036	+	or licensure by another state, terri tory, or country. 1375
	2037	+
	2038	+	HB 27 2025
	2039	+
	2040	+
	2041	+
	2042	+	CODING: Words stricken are deletions; words underlined are additions.
	2043	+	hb27-00
	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	+	(c) Being convicted or found guilty of, regardless of 1376
	2050	+	adjudication, or having entered a plea of nolo contendere to, a 1377
	2051	+	crime in any jurisdiction which directly relates to the practice 1378
	2052	+	of his or her profession or the ability to practice h is or her 1379
	2053	+	profession. However, in the case of a plea of nolo contendere, 1380
	2054	+	the board shall allow the person who is the subject of the 1381
	2055	+	disciplinary proceeding to present evidence in mitigation 1382
	2056	+	relevant to the underlying charges and circumstances surrounding 1383
	2057	+	the plea. 1384
	2058	+	(d) False, deceptive, or misleading advertising or 1385
	2059	+	obtaining a fee or other thing of value on the representation 1386
	2060	+	that beneficial results from any treatment will be guaranteed. 1387
	2061	+	(e) Advertising, practicing, or attempting to practice 1388
	2062	+	under a name other than one's own. 1389
	2063	+	(f) Maintaining a professional association with any person 1390
	2064	+	who the applicant, licensee, registered intern, or 1391
	2065	+	certificateholder knows, or has reason to believe, is in 1392
	2066	+	violation of this chapter or of a rule of the department or the 1393
	2067	+	board. 1394
	2068	+	(g) Knowingly aiding, assisting, procuring, or advising 1395
	2069	+	any nonlicensed, nonregistered, or noncertified person to hold 1396
	2070	+	himself or herself out as licensed, registered, or certified 1397
	2071	+	under this chapter. 1398
	2072	+	(h) Failing to perform any statutory or legal obligation 1399
	2073	+	placed upon a person licensed, registered, or certified under 1400
	2074	+
	2075	+	HB 27 2025
	2076	+
	2077	+
	2078	+
	2079	+	CODING: Words stricken are deletions; words underlined are additions.
	2080	+	hb27-00
	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	+	this chapter. 1401
	2087	+	(i) Willfully making or filing a false report or record; 1402
	2088	+	failing to file a report or record required by state or federal 1403
	2089	+	law; willfully impeding or obstructing the fi ling of a report or 1404
	2090	+	record; or inducing another person to make or file a false 1405
	2091	+	report or record or to impede or obstruct the filing of a report 1406
	2092	+	or record. Such report or record includes only a report or 1407
	2093	+	record which requires the signature of a person licen sed, 1408
	2094	+	registered, or certified under this chapter. 1409
	2095	+	(j) Paying a kickback, rebate, bonus, or other 1410
	2096	+	remuneration for receiving a patient or client, or receiving a 1411
	2097	+	kickback, rebate, bonus, or other remuneration for referring a 1412
	2098	+	patient or client to another pr ovider of mental health care 1413
	2099	+	services or to a provider of health care services or goods; 1414
	2100	+	referring a patient or client to oneself for services on a fee -1415
	2101	+	paid basis when those services are already being paid for by 1416
	2102	+	some other public or private entity; or ent ering into a 1417
	2103	+	reciprocal referral agreement. 1418
	2104	+	(k) Committing any act upon a patient or client which 1419
	2105	+	would constitute sexual battery or which would constitute sexual 1420
	2106	+	misconduct as defined pursuant to s. 491.0111. 1421
	2107	+	(l) Making misleading, deceptive, untrue, or fraudulent 1422
	2108	+	representations in the practice of any profession licensed, 1423
	2109	+	registered, or certified under this chapter. 1424
	2110	+	(m) Soliciting patients or clients personally, or through 1425
	2111	+
	2112	+	HB 27 2025
	2113	+
	2114	+
	2115	+
	2116	+	CODING: Words stricken are deletions; words underlined are additions.
	2117	+	hb27-00
	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	+	an agent, through the use of fraud, intimidation, undue 1426
	2124	+	influence, or a form of overreaching or vexatious conduct. 1427
	2125	+	(n) Failing to make available to a patient or client, upon 1428
	2126	+	written request, copies of tests, reports, or documents in the 1429
	2127	+	possession or under the control of the licensee, registered 1430
	2128	+	intern, or certificateholder which have been prepared for and 1431
	2129	+	paid for by the patient or client. 1432
	2130	+	(o) Failing to respond within 30 days to a written 1433
	2131	+	communication from the department or the board concerning any 1434
	2132	+	investigation by the department or the board, or failing to make 1435
	2133	+	available any relevant records with respect to any investigation 1436
	2134	+	about the licensee's, registered intern's, or 1437
	2135	+	certificateholder's conduct or background. 1438
	2136	+	(p) Being unable to practice the profession for which he 1439
	2137	+	or she is licensed, registered, or certified under this chapter 1440
	2138	+	with reasonable skill or competence as a result of any mental or 1441
	2139	+	physical condition or by reason of illness; drunkenness; or 1442
	2140	+	excessive use of drugs, narcotics, chemicals, or any other 1443
	2141	+	substance. In enforcing this paragraph, upon a finding by the 1444
	2142	+	State Surgeon General, the State Surgeon General's designee, or 1445
	2143	+	the board that probable cause exists to believe that the 1446
	2144	+	licensee, registered intern, or certificateholder is unable to 1447
	2145	+	practice the profession because of the reasons stated in this 1448
	2146	+	paragraph, the department shall have the authority to compel a 1449
	2147	+	licensee, registered intern, or certificateholder to submit to a 1450
	2148	+
	2149	+	HB 27 2025
	2150	+
	2151	+
	2152	+
	2153	+	CODING: Words stricken are deletions; words underlined are additions.
	2154	+	hb27-00
	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	+	mental or physical examination by psychologists, physicians, or 1451
	2161	+	other licensees under this chapter, designated by the department 1452
	2162	+	or board. If the licensee, registered intern, or 1453
	2163	+	certificateholder refuses to comply with such order, the 1454
	2164	+	department's order directing the examination may be enforced by 1455
	2165	+	filing a petition for enforcement in the circuit court in the 1456
	2166	+	circuit in which the licensee, regi stered intern, or 1457
	2167	+	certificateholder resides or does business. The licensee, 1458
	2168	+	registered intern, or certificateholder against whom the 1459
	2169	+	petition is filed may not be named or identified by initials in 1460
	2170	+	any public court records or documents, and the proceedings shall 1461
	2171	+	be closed to the public. The department shall be entitled to the 1462
	2172	+	summary procedure provided in s. 51.011. A licensee, registered 1463
	2173	+	intern, or certificateholder affected under this paragraph shall 1464
	2174	+	at reasonable intervals be afforded an opportunity to 1465
	2175	+	demonstrate that he or she can resume the competent practice for 1466
	2176	+	which he or she is licensed, registered, or certified with 1467
	2177	+	reasonable skill and safety to patients. 1468
	2178	+	(q) Performing any treatment or prescribing any therapy 1469
	2179	+	which, by the prevailing standards of the mental health 1470
	2180	+	professions in the community, would constitute experimentation 1471
	2181	+	on human subjects, without first obtaining full, informed, and 1472
	2182	+	written consent. 1473
	2183	+	(r) Failing to meet the minimum standards of performance 1474
	2184	+	in professional activities when m easured against generally 1475
	2185	+
	2186	+	HB 27 2025
	2187	+
	2188	+
	2189	+
	2190	+	CODING: Words stricken are deletions; words underlined are additions.
	2191	+	hb27-00
	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	+	prevailing peer performance, including the undertaking of 1476
	2198	+	activities for which the licensee, registered intern, or 1477
	2199	+	certificateholder is not qualified by training or experience. 1478
	2200	+	(s) Delegating professional responsibilities to a p erson 1479
	2201	+	who the licensee, registered intern, or certificateholder knows 1480
	2202	+	or has reason to know is not qualified by training or experience 1481
	2203	+	to perform such responsibilities. 1482
	2204	+	(t) Violating a rule relating to the regulation of the 1483
	2205	+	profession or a lawful order o f the department or the board 1484
	2206	+	previously entered in a disciplinary hearing. 1485
	2207	+	(u) Failure of the licensee, registered intern, or 1486
	2208	+	certificateholder to maintain in confidence a communication made 1487
	2209	+	by a patient or client in the context of such services, except 1488
	2210	+	as provided in s. 491.0147. 1489
	2211	+	(v) Making public statements which are derived from test 1490
	2212	+	data, client contacts, or behavioral research and which identify 1491
	2213	+	or damage research subjects or clients. 1492
	2214	+	(w) Violating any provision of this chapter or chapter 1493
	2215	+	456, or any rules adopted pursuant thereto. 1494
	2216	+	(2) 1495
	2217	+	(c) The board may take adverse action against a clinical 1496
	2218	+	social worker's privilege to practice under the Social Work 1497
	2219	+	Licensure Interstate Compact pursuant to s. 491.022 and may 1498
	2220	+	impose any of the penalties in s. 456.072(2) if the clinical 1499
	2221	+	social worker commits an act specified in subsection (1) or s. 1500
	2222	+
	2223	+	HB 27 2025
	2224	+
	2225	+
	2226	+
	2227	+	CODING: Words stricken are deletions; words underlined are additions.
	2228	+	hb27-00
	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	+	456.072(1). 1501
	2235	+	Section 8. Paragraph (m) is added subsection (10) of 1502
	2236	+	section 768.28, Florida Statutes, to read: 1503
	2237	+	768.28 Waiver of sovereign immunity in tort actions; 1504
	2238	+	recovery limits; civil liability for damages caused during a 1505
	2239	+	riot; limitation on attorney fees; statute of limitations; 1506
	2240	+	exclusions; indemnification; risk management programs. — 1507
	2241	+	(10) 1508
	2242	+	(m) For purposes of this section, the individual appointed 1509
	2243	+	under s. 491.004(9) as the state's delegate on the Social Work 1510
	2244	+	Licensure Compact Commission, pursuant to s. 491.022, and any 1511
	2245	+	administrator, officer, executive director, employee, or 1512
	2246	+	representative of the commission, when acting within the scope 1513
	2247	+	of his or her employment, duties, or responsibilities in this 1514
	2248	+	state, is considered an agent of the state. The commission shall 1515
	2249	+	pay any claims or judgments pursuant to this section and may 1516
	2250	+	maintain insurance coverage to pay any such claims or judgments. 1517
	2251	+	Section 9. The Department of Health shall notify the 1518
	2252	+	Division of Law Revision upon the enactment of the Social Work 1519
	2253	+	Licensure Interstate Compact into law by seven states. 1520
	2254	+	Section 10. This act shall take effect upon enactment of 1521
	2255	+	the Social Work Licensure Interstate Compact into law by seven 1522
	2256	+	states. 1523