Florida Senate - 2025 SB 220 By Senator Harrell 31-00181A-25 2025220__ 1 A bill to be entitled 2 An act relating to the Social Work Licensure Compact; 3 creating s. 491.022, F.S.; creating the Social Work 4 Licensure Compact; providing a purpose and objectives 5 of the compact; defining terms; specifying 6 requirements for state participation in the compact; 7 specifying requirements for member states to maintain 8 membership in the compact; requiring member states to 9 designate the categories of social work licensure 10 which are eligible for issuance of a multistate 11 license in such states; specifying criteria licensed 12 social workers must meet to be issued a multistate 13 license under the compact; providing additional 14 requirements based on the licensure category of such 15 social workers; providing for the renewal of 16 multistate licenses; specifying that a licensed social 17 workers services provided in a remote state are 18 subject to that remote member states regulatory 19 authority; authorizing remote states to act on a 20 licensees multistate authorization to practice; 21 specifying the consequences and parameters of practice 22 for a licensee whose multistate license or multistate 23 authorization to practice is encumbered; specifying 24 procedures for issuing multistate licenses; providing 25 for the recognition of multistate licenses in all 26 member states; providing construction; specifying that 27 a licensed social worker may hold a home state license 28 in only one member state at a time; specifying 29 requirements and procedures for reissuing a multistate 30 license by a new home state; providing construction; 31 authorizing active duty military personnel or their 32 spouses to keep their home state designation during 33 active duty; authorizing member states to take adverse 34 action against a licensees multistate authorization 35 to practice and to issue subpoenas for hearings and 36 investigations under certain circumstances; providing 37 requirements and procedures for such adverse actions 38 and subpoenas; authorizing member states to recover 39 costs of investigations and depositions from the 40 affected licensed social workers in adverse actions; 41 authorizing member states to engage in joint 42 investigations under certain circumstances; providing 43 that a licensees multistate authorization to practice 44 must be deactivated in all member states for the 45 duration of an encumbrance imposed by the licensees 46 home state; providing for notice to the data system 47 and the licensees home state of any adverse action 48 taken against a licensee; providing construction; 49 establishing the Social Work Licensure Compact 50 Commission; providing for membership, meetings, and 51 powers of the commission; providing for powers, 52 duties, membership, and meetings of the commissions 53 executive committee; requiring the commission to adopt 54 annual reports and provide them to member states; 55 providing public notice and records requirements for 56 meetings of the commission; authorizing the commission 57 to hold closed, nonpublic meetings under certain 58 circumstances; providing for the financing of the 59 commission; providing commission members, officers, 60 executive directors, employees, and representatives 61 immunity from civil liability under certain 62 circumstances; providing construction; requiring the 63 commission to defend the commissions members, 64 officers, executive directors, employees, and 65 representatives in civil actions under certain 66 circumstances; providing construction; requiring the 67 commission to indemnify and hold harmless such 68 individuals for any settlement or judgment obtained in 69 such actions under certain circumstances; providing 70 construction; providing for the development of the 71 data system, reporting procedures, and the exchange of 72 specified information between member states; requiring 73 member states to report any adverse action taken 74 against a licensee and monitor the data system for 75 adverse action taken against a licensee in other 76 member states; authorizing member states to designate 77 as confidential information provided to the data 78 system; requiring the commission to remove information 79 from the data system under certain circumstances; 80 providing rulemaking procedures for the commission, 81 including public notice and meeting requirements; 82 providing for member state enforcement of the compact; 83 providing for the jurisdiction and venue for court 84 proceedings brought against the commission; specifying 85 that the commission is entitled to receive service of 86 process, and has standing to intervene, in certain 87 judicial and administrative proceedings; rendering 88 certain judgments and orders void as to the 89 commission, the compact, or commission rules under 90 certain circumstances; providing for defaults, 91 technical assistance, and termination of compact 92 membership; providing procedures for the resolution of 93 certain disputes; providing for commission enforcement 94 of the compact; providing for remedies; providing that 95 only a member state may seek enforcement of the 96 compact against the commission; providing for 97 implementation of, withdrawal from, and amendment to 98 the compact; providing construction and severability; 99 specifying that licensees providing services in a 100 remote state under the compact must adhere to the laws 101 and rules of the remote state; providing construction; 102 amending s. 456.073, F.S.; requiring the Department of 103 Health to report certain investigative information to 104 the data system of the Social Work Licensure Compact; 105 amending s. 456.076, F.S.; requiring that monitoring 106 contracts for impaired practitioners participating in 107 treatment programs contain certain terms; amending s. 108 491.004, F.S.; requiring the Board of Clinical Social 109 Work, Marriage and Family Therapy, and Mental Health 110 Counseling to appoint an individual to serve as the 111 states delegate on the Social Work Licensure Compact 112 Commission; amending ss. 491.005 and 491.006, F.S.; 113 exempting social workers practicing under the compact 114 from certain licensure requirements; amending s. 115 491.009, F.S.; authorizing certain disciplinary action 116 under the compact for specified prohibited acts; 117 amending s. 768.28, F.S.; designating the state 118 delegate and other members or employees of the 119 commission as state agents for the purpose of applying 120 waivers of sovereign immunity; requiring the 121 commission to pay certain claims or judgments; 122 authorizing the commission to maintain insurance 123 coverage to pay such claims or judgments; providing an 124 effective date. 125 126 Be It Enacted by the Legislature of the State of Florida: 127 128 Section 1.Section 491.022, Florida Statutes, is created to 129 read: 130 491.022Social Work Licensure Compact.The Social Work 131 Licensure Compact is hereby enacted into law and entered into by 132 this state with all other states legally joining therein in the 133 form substantially as follows: 134 135 ARTICLE I 136 PURPOSE 137 138 (1)The purpose of the compact is to facilitate interstate 139 practice of licensed social workers and improve public access to 140 competent social work services. 141 (2)The compact preserves the regulatory authority of 142 member states to protect public health and safety through the 143 current system of state licensure. The compact is designed to 144 achieve all of the following objectives: 145 (a)Increase public access to social work services. 146 (b)Reduce overly burdensome and duplicative requirements 147 associated with holding multiple licenses. 148 (c)Enhance member states ability to protect the publics 149 health and safety. 150 (d)Encourage the cooperation of member states in 151 regulating multistate practice of licensed social workers. 152 (e)Promote mobility and address workforce shortages by 153 eliminating the necessity for licenses in multiple states by 154 providing for the mutual recognition of other member state 155 licenses. 156 (f)Support military families. 157 (g)Facilitate the exchange of licensure and disciplinary 158 information among member states. 159 (h)Authorize all member states to hold a licensed social 160 worker accountable for abiding by the laws, regulations, and 161 applicable professional standards in the member state in which 162 the client is located at the time care is rendered. 163 (i)Allow for the use of telehealth to facilitate increased 164 access to licensed social work services. 165 166 ARTICLE II 167 DEFINITIONS 168 169 As used in the compact, and except as otherwise provided, 170 the term: 171 (1)Active military member means any individual on full 172 time duty status in the active Armed Forces of the United 173 States, including members of the National Guard and Reserve. 174 (2)Adverse action means any administrative, civil, 175 equitable, or criminal action authorized by a states laws which 176 is imposed by a licensing authority or other authority against a 177 licensed social worker, including actions against an 178 individuals license or multistate authorization to practice, 179 such as revocation, suspension, probation, monitoring of the 180 licensee, limitation on the licensees practice, or any other 181 encumbrance on licensure affecting a licensed social workers 182 authorization to practice, including issuance of a cease and 183 desist action. 184 (3)Alternative program means a nondisciplinary 185 monitoring or practice remediation process approved by a 186 licensing authority to address practitioners with an impairment. 187 (4)Charter member state means a member state that 188 enacted legislation to adopt the compact before the effective 189 date of the compact as provided in Article XIV. 190 (5)Commission means the government agency whose 191 membership consists of all states that have enacted the compact, 192 which is known as the Social Work Licensure Compact Commission, 193 as described in Article X, and which operates as an 194 instrumentality of the member states. 195 (6)Current significant investigative information means: 196 (a)Investigative information that a licensing authority, 197 after a preliminary inquiry that includes notification and an 198 opportunity for the licensed social worker to respond, has 199 reason to believe is not groundless and, if proved true, would 200 indicate more than a minor infraction as may be defined by the 201 commission; or 202 (b)Investigative information that indicates that the 203 licensed social worker represents an immediate threat to public 204 health and safety, as defined by the commission, regardless of 205 whether the licensed social worker has been notified and has had 206 an opportunity to respond. 207 (7)Data system means a repository of information about 208 licensees, including, but not limited to, continuing education, 209 examination records, licensure status, current significant 210 investigative information, disqualifying events, multistate 211 licenses, adverse action information, and any other information 212 required by the commission. 213 (8)Disqualifying event means any adverse action or 214 incident that results in an encumbrance that disqualifies or 215 makes the licensee ineligible to obtain, retain, or renew a 216 multistate license. 217 (9)Domicile means the jurisdiction in which a licensee 218 resides and intends to remain indefinitely. 219 (10)Encumbrance means a revocation or suspension of, or 220 any limitation on, the full and unrestricted practice of social 221 work as licensed and regulated by a licensing authority. 222 (11)Executive committee means a group of delegates 223 elected or appointed to act on behalf of, and within the powers 224 granted to them by, the compact and commission. 225 (12)Home state means the member state that is a 226 licensees primary domicile. 227 (13)Impairment means a condition that may impair a 228 practitioners ability to engage in full and unrestricted 229 practice as a licensed social worker without some type of 230 intervention and may include, but is not limited to, alcohol and 231 drug dependence, a mental health impairment, or a neurological 232 or physical impairment. 233 (14)Licensed social worker means any clinical, masters, 234 or bachelors category social worker licensed by a member state 235 regardless of the title used by that member state. 236 (15)Licensee means an individual who currently holds a 237 license from a member state to practice as a licensed social 238 worker. 239 (16)Licensing authority means the board or agency of a 240 member state, or an equivalent, which is responsible for the 241 licensing and regulation of licensed social workers. 242 (17)Member state means a state, commonwealth, district, 243 or territory of the United States which has enacted the compact. 244 (18)Multistate authorization to practice means a legally 245 authorized privilege to practice which is equivalent to a 246 license associated with a multistate license authorizing the 247 practice of social work in a remote state. 248 (19)Multistate license means a license to practice as a 249 licensed social worker issued by a home states licensing 250 authority which authorizes the licensed social worker to 251 practice in all member states under the multistate authorization 252 to practice. 253 (20)Qualifying national exam means a national licensing 254 examination approved by the commission. 255 (21)Remote state means a member state other than the 256 licensees home state. 257 (22)Rule means a regulation adopted by the commission, 258 as authorized by the compact, which regulation has the force of 259 law. 260 (23)Single-state license means a license to practice 261 social work issued by any state which authorizes practice only 262 within the issuing state. The term does not include a multistate 263 authorization to practice in any member state. 264 (24)Social work or social work services means the 265 application of social work theory, knowledge, methods, and 266 ethics and the professional use of self to restore or enhance 267 social, psychosocial, or biopsychosocial functioning of 268 individuals, couples, families, groups, organizations, and 269 communities through the care and services provided by a licensed 270 social worker as set forth in the member states statutes and 271 regulations in the state where the services are being provided. 272 (25)State means any state, commonwealth, district, or 273 territory of the United States which regulates the practice of 274 social work. 275 (26)Unencumbered license means a license that authorizes 276 a licensed social worker to engage in the full and unrestricted 277 practice of social work. 278 279 ARTICLE III 280 STATE PARTICIPATION IN THE COMPACT 281 282 (1)To be eligible to participate in the compact, a 283 potential member state must meet all of the following criteria 284 at the time of joining the compact: 285 (a)License and regulate the practice of social work at the 286 clinical, masters, or bachelors categories. 287 (b)Require applicants for licensure to graduate from a 288 program that: 289 1.Is operated by a college or university recognized by the 290 states licensing authority; 291 2.Is accredited, or in candidacy by an institution that 292 subsequently becomes accredited, by an accrediting agency 293 recognized by either: 294 a.The Council for Higher Education Accreditation, or its 295 successor; or 296 b.The United States Department of Education; and 297 3.Corresponds to the multistate license sought, as 298 outlined in Article IV. 299 (c)Require applicants for clinical licensure to complete a 300 period of supervised practice. 301 (d)Have a mechanism in place for receiving, investigating, 302 and adjudicating complaints about licensees. 303 (2)To maintain membership in the compact, a member state 304 must: 305 (a)Require applicants for a multistate license to pass a 306 qualifying national exam for the corresponding category of 307 multistate license sought, as outlined in Article IV; 308 (b)Participate fully in the commissions data system, 309 including using the commissions unique identifier as defined by 310 commission rule; 311 (c)Notify the commission, in compliance with the terms of 312 the compact and rules, of any adverse action or the availability 313 of current significant investigative information regarding a 314 licensee; 315 (d)Implement procedures for considering the criminal 316 history records of applicants for a multistate license. Such 317 procedures must include the submission of fingerprints or other 318 biometric-based information by applicants for the purpose of 319 obtaining an applicants criminal history record information 320 from the Federal Bureau of Investigation and the agency 321 responsible for retaining that states criminal records; 322 (e)Comply with the rules of the commission; 323 (f)Require an applicant to obtain or retain a license in 324 the home state and meet the home states qualifications for 325 licensure or renewal of licensure, as well as all other 326 applicable home state laws; 327 (g)Authorize a licensee holding a multistate license in 328 any member state to practice in accordance with the terms of the 329 compact and rules of the commission; and 330 (h)Designate a delegate to participate in commission 331 meetings. 332 (3)A member state meeting the requirements under 333 subsections (1) and (2) shall designate the categories of social 334 work licensure which are eligible for issuance of a multistate 335 license for applicants in such member state. To the extent that 336 any member state does not meet the requirements for 337 participation in the compact for any category of social work 338 licensure, such member state may, but is not obligated to, issue 339 a multistate license to applicants who otherwise meet the 340 requirements of Article IV for issuance of a multistate license 341 in such category or categories of licensure. 342 343 ARTICLE IV 344 SOCIAL WORKER PARTICIPATION IN THE COMPACT 345 346 (1)To be eligible for a multistate license under the 347 compact, an applicant must, regardless of license category, meet 348 all of the following criteria: 349 (a)Hold or be eligible for an active, unencumbered license 350 in the home state. 351 (b)Submit, in connection with an application for a 352 multistate license, fingerprints or other biometric-based data 353 for the purpose of obtaining criminal history record information 354 from the Federal Bureau of Investigation and the agency 355 responsible for retaining that states criminal records. 356 (c)Notify the home state of any adverse action, 357 encumbrance, or restriction on any professional license imposed 358 by any member state or nonmember state within 30 days after the 359 date the action is taken. 360 (d)Meet any continuing competency requirements established 361 by the home state. 362 (e)Abide by the laws, regulations, and applicable 363 standards in the member state where the client is located at the 364 time care is rendered. 365 (2)An applicant for a clinical-category multistate license 366 must meet all of the following requirements: 367 (a)Fulfill a competency requirement, which may be 368 satisfied by any of the following: 369 1.Passage of a clinical-category qualifying national exam; 370 2.For an applicant licensed before a qualifying national 371 exam was required by the home state in the clinical category, 372 licensure of the applicant in his or her home state in the 373 clinical category, accompanied by a period of continuous social 374 work licensure thereafter, all of which may be further governed 375 by the rules of the commission; or 376 3.The substantial equivalency of the foregoing competency 377 requirements which the commission may determine by rule. 378 (b)Attain at least a masters degree in social work from a 379 program that is: 380 1.Operated by a college or university recognized by the 381 home states licensing authority; and 382 2.Accredited, or in candidacy that subsequently receives 383 accreditation, by an accrediting agency recognized by either: 384 a.The Council for Higher Education Accreditation or its 385 successor; or 386 b.The United States Department of Education. 387 (c)Fulfill a practice requirement, which may be satisfied 388 by demonstrating completion of any of the following: 389 1.A period of postgraduate supervised clinical practice 390 equal to a minimum of 3,000 hours; 391 2.A minimum of 2 years of full-time postgraduate 392 supervised clinical practice; or 393 3.The substantial equivalency of the foregoing practice 394 requirements which the commission may determine by rule. 395 (3)An applicant for a masters-category multistate license 396 must meet all of the following requirements: 397 (a)Fulfill a competency requirement, which may be 398 satisfied by any of the following: 399 1.Passage of a masters-category qualifying national exam; 400 2.For an applicant licensed before a qualifying national 401 exam was required by the home state in the masters category, 402 licensure of the applicant in his or her home state in the 403 masters category, accompanied by a continuous period of social 404 work licensure thereafter, all of which may be further governed 405 by the rules of the commission; or 406 3.The substantial equivalency of the foregoing competency 407 requirements which the commission may determine by rule. 408 (b)Attain at least a masters degree in social work from a 409 program that is: 410 1.Operated by a college or university recognized by the 411 home states licensing authority; and 412 2.Accredited, or in candidacy by an institution that 413 subsequently becomes accredited, by an accrediting agency 414 recognized by either: 415 a.The Council for Higher Education Accreditation or its 416 successor; or 417 b.The United States Department of Education. 418 (4)An applicant for a bachelors-category multistate 419 license must meet all of the following requirements: 420 (a)Fulfill a competency requirement, which may be 421 satisfied by: 422 1.Passage of a bachelors-category qualifying national 423 exam; 424 2.For an applicant licensed before a qualifying national 425 exam was required by the home state in the bachelors category, 426 licensure of the applicant in his or her home state at the 427 bachelors category, accompanied by a period of continuous 428 social work licensure thereafter, all of which may be further 429 governed by the rules of the commission; or 430 3.The substantial equivalency of the foregoing competency 431 requirements which the commission may determine by rule. 432 (b)Attain at least a bachelors degree in social work from 433 a program that is: 434 1.Operated by a college or university recognized by the 435 home states licensing authority; and 436 2.Accredited, or in candidacy that subsequently becomes 437 accredited, by an accrediting agency recognized by either: 438 a.The Council for Higher Education Accreditation or its 439 successor; or 440 b.The United States Department of Education. 441 (5)The multistate license for a licensed social worker is 442 subject to the renewal requirements of the home state. The 443 licensed social worker must maintain compliance with the 444 requirements of subsection (1) to be eligible to renew a 445 multistate license. 446 (6)The licensed social workers services in a remote state 447 are subject to that remote states regulatory authority. A 448 remote state may, in accordance with due process and that remote 449 states laws, remove a licensed social workers multistate 450 authorization to practice in the remote state for a specific 451 period of time, impose fines, and take any other necessary 452 actions to protect the health and safety of its citizens. 453 (7)If a multistate license is encumbered, the licensed 454 social workers multistate authorization to practice must be 455 deactivated in all remote states until the multistate license is 456 no longer encumbered. 457 (8)If a multistate authorization to practice is encumbered 458 in a remote state, the licensed social workers multistate 459 authorization to practice may be deactivated in that state until 460 the multistate authorization to practice is no longer 461 encumbered. 462 463 ARTICLE V 464 ISSUANCE OF A MULTISTATE LICENSE 465 466 (1)Upon receipt of an application for a multistate 467 license, the home states licensing authority shall determine 468 the applicants eligibility for a multistate license in 469 accordance with Article IV. 470 (2)If such applicant is eligible under Article IV, the 471 home states licensing authority must issue a multistate license 472 that authorizes the applicant or licensed social worker to 473 practice in all member states under a multistate authorization 474 to practice. 475 (3)Upon issuance of a multistate license, the home states 476 licensing authority shall designate whether the licensed social 477 worker holds a multistate license at the bachelors, masters, 478 or clinical category of social work. 479 (4)A multistate license issued by a home state to a 480 resident in that state must be recognized by all member states 481 as authorizing social work practice under a multistate 482 authorization to practice corresponding to each category of 483 licensure regulated in each member state. 484 485 ARTICLE VI 486 AUTHORITY OF THE SOCIAL WORK LICENSURE COMPACT COMMISSION AND 487 MEMBER STATE LICENSING AUTHORITIES 488 489 (1)The compact and rules of the commission do not limit, 490 restrict, or in any way reduce the ability of a member state to: 491 (a)Enact and enforce laws, regulations, or other rules 492 related to the practice of social work in that state, provided 493 those laws, regulations, or other rules do not conflict with the 494 provisions of the compact. 495 (b)Take adverse action against a licensees single-state 496 license to practice social work in that state. 497 (c)Take adverse action against a licensees multistate 498 authorization to practice social work in that state. 499 (2)The compact and rules of the commission do not limit, 500 restrict, or in any way reduce the ability of a licensees home 501 state to take adverse action against a licensees multistate 502 license based upon information provided by a remote state. 503 (3)The compact does not affect the requirements 504 established by a member state for the issuance of a single-state 505 license. 506 507 ARTICLE VII 508 REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE 509 510 (1)A licensee may hold a multistate license, issued by his 511 or her home state, in only one member state at any given time. 512 (2)If a licensee changes his or her home state by moving 513 between two member states, the following requirements apply: 514 (a)The licensee must immediately apply for the reissuance 515 of the multistate license in the new home state. The licensee 516 shall notify the former home state in accordance with the rules 517 of the commission. 518 (b)Upon receipt of an application to reissue a multistate 519 license, the new home state must verify that the multistate 520 license is active, unencumbered, and eligible for reissuance 521 under the terms of the compact and the rules of the commission. 522 The multistate license issued by the former home state must be 523 deactivated and all member states notified in accordance with 524 the applicable rules adopted by the commission. 525 (c)Before reissuing the multistate license, the new home 526 state must conduct procedures for considering the criminal 527 history records of the licensee. Such procedures must include 528 the submission of fingerprints or other biometric-based 529 information by applicants for the purpose of obtaining an 530 applicants criminal history record information from the Federal 531 Bureau of Investigation and the agency responsible for retaining 532 that states criminal records. 533 (d)If required for initial licensure, the new home state 534 may require completion of jurisprudence requirements in the new 535 home state. 536 (e)Notwithstanding any other provision of the compact, if 537 a licensee does not meet the requirements set forth in the 538 compact for the reissuance of a multistate license by the new 539 home state, the licensee is subject to the new home state 540 requirements for the issuance of a single-state license in that 541 state. 542 (3)If a licensee changes his or her domicile by moving 543 from a member state to a nonmember state, or from a nonmember 544 state to a member state, the licensee is subject to the states 545 requirements for the issuance of a single-state license in the 546 new home state. 547 (4)The compact does not interfere with a licensees 548 ability to hold a single-state license in multiple states; 549 however, for the purposes of the compact, a licensee may have 550 only one home state and only one multistate license. 551 (5)The compact does not interfere with the requirements 552 established by a member state for the issuance of a single-state 553 license. 554 555 ARTICLE VIII 556 MILITARY FAMILIES 557 558 An active military member or his or her spouse shall 559 designate a home state as the state in which the individual 560 holds a multistate license. The individual may retain the home 561 state designation during the period the servicemember is on 562 active duty. 563 564 ARTICLE IX 565 ADVERSE ACTIONS 566 567 (1)In addition to the other powers conferred by general 568 law, a remote state has the authority, in accordance with 569 existing state due process law, to: 570 (a)Take adverse action against a licensed social workers 571 multistate authorization to practice, but only within that 572 member state, and to issue subpoenas for both hearings and 573 investigations that require the attendance and testimony of 574 witnesses as well as the production of evidence. Subpoenas 575 issued by a licensing authority in a member state for the 576 attendance and testimony of witnesses or the production of 577 evidence from another member state must be enforced in the 578 latter state by any court of competent jurisdiction, according 579 to the practice and procedure of that court applicable to 580 subpoenas issued in proceedings pending before it. The issuing 581 licensing authority shall pay any witness fees, travel expenses, 582 mileage, and other fees required by the service statutes of the 583 state in which the witnesses or evidence is located. 584 (b)Only the home state may take adverse action against a 585 licensed social workers multistate license. 586 (2)For purposes of taking adverse action, the home state 587 must give the same priority and effect to reported conduct 588 received from a member state as it would if the conduct had 589 occurred within the home state. In so doing, the home state 590 shall apply its own state laws to determine appropriate action. 591 (3)The home state shall complete any pending 592 investigations of a licensed social worker who changes his or 593 her home state during the course of the investigation. The home 594 state also may take appropriate action and shall promptly report 595 the conclusions of the investigations to the administrator of 596 the data system. The administrator of the data system shall 597 promptly notify the new home state of any adverse action. 598 (4)A member state may, if otherwise authorized by state 599 law, recover from the affected licensed social worker the costs 600 of investigations and dispositions of cases resulting from any 601 adverse action taken against that licensed social worker. 602 (5)A member state may take adverse action based on the 603 factual findings of another member state, provided that the 604 member state follows its own procedures for taking the adverse 605 action. 606 (6)(a)In addition to the authority granted to a member 607 state by its respective social work practice act or other 608 applicable state law, any member state may participate with 609 other member states in joint investigations of licensees. 610 (b)Member states shall share any investigative, 611 litigation, or compliance materials in furtherance of any joint 612 or individual investigation initiated under the compact. 613 (7)If adverse action is taken by the home state against 614 the multistate license of a licensed social worker, the licensed 615 social workers multistate authorization to practice in all 616 other member states must be deactivated until all encumbrances 617 have been removed from the multistate license. All home state 618 disciplinary orders that impose adverse action against the 619 license of a licensed social worker must include a statement 620 that the licensed social workers multistate authorization to 621 practice is deactivated in all member states until all 622 conditions of the decision, order, or agreement are satisfied. 623 (8)If a member state takes adverse action, it must 624 promptly notify the administrator of the data system. The 625 administrator of the data system shall promptly notify the home 626 state and all other member states of any adverse actions taken 627 by remote states. 628 (9)The compact does not override a member states decision 629 that participation in an alternative program may be used in lieu 630 of adverse action. 631 (10)The compact does not authorize a member state to 632 demand the issuance of subpoenas for attendance and testimony of 633 witnesses or the production of evidence from another member 634 state for lawful actions within that member state. 635 (11)The compact does not authorize a member state to 636 impose discipline against a licensed social worker who holds a 637 multistate authorization to practice for actions committed in 638 another member state which were lawful in that state. 639 640 ARTICLE X 641 ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION 642 643 (1)Commission established.The member states hereby create 644 and establish a joint government agency whose membership 645 consists of all member states that have enacted the compact, to 646 be known as the Social Work Licensure Compact Commission. The 647 commission is an instrumentality of the member states acting 648 jointly and not an instrumentality of any one state. The 649 commission shall come into existence on or after the effective 650 date of the compact as set forth in Article XIV. 651 (2)Membership, voting, and meetings. 652 (a)Each member state is entitled to one delegate selected 653 by that member states licensing authority. The delegate must be 654 one of the following: 655 1.A current member of the states licensing authority who 656 is a licensed social worker or public member of the states 657 licensing authority; or 658 2.An administrator of the states licensing authority or 659 his or her designee. 660 (b)The commission shall by rule or bylaw establish a term 661 of office for delegates and may by rule or bylaw establish term 662 limits. 663 (c)The commission may recommend removal or suspension of 664 any delegate from office. 665 (d)A member states licensing authority shall fill any 666 vacancy of its delegate on the commission within 60 days after 667 the vacancy occurs. 668 (e)Each delegate is entitled to one vote on all matters 669 before the commission requiring a vote by commission delegates. 670 (f)A delegate must vote in person or by such other means 671 as provided in the bylaws. The bylaws may provide for delegates 672 to meet by telecommunication, video conference, or other similar 673 electronic means of communication. 674 (g)The commission shall meet at least once during each 675 calendar year. Additional meetings may be held as set forth in 676 the bylaws. The commission may meet by telecommunication, video 677 conference, or other similar electronic means of communication. 678 (3)Powers.The commission may do all of the following: 679 (a)Establish the fiscal year of the commission. 680 (b)Establish code of conduct and conflict of interest 681 policies. 682 (c)Establish and amend rules and bylaws. 683 (d)Maintain its financial records in accordance with the 684 bylaws. 685 (e)Meet and take such actions as are consistent with the 686 provisions of the compact, the commissions rules, and the 687 bylaws. 688 (f)Initiate and conclude legal proceedings or actions in 689 the name of the commission, provided that the standing of any 690 states licensing authority to sue or be sued under applicable 691 law is not affected. 692 (g)Maintain and certify records and information provided 693 to a member state as the authenticated business records of the 694 commission, or designate an agent to do so on the commissions 695 behalf. 696 (h)Purchase and maintain insurance and bonds. 697 (i)Borrow, accept, or contract for services of personnel, 698 including, but not limited to, employees of a member state. 699 (j)Conduct an annual financial review. 700 (k)Hire employees and elect or appoint officers; fix 701 compensation for, define duties of, such individuals and grant 702 them appropriate authority to carry out the purposes of the 703 compact; and establish the commissions personnel policies and 704 programs relating to conflicts of interest, qualifications of 705 personnel, and other related personnel matters. 706 (l)Assess and collect fees. 707 (m)Accept, receive, use, and dispose of any appropriate 708 gifts, donations, grants of money, other revenue sources, 709 equipment, supplies, materials, and services, provided that at 710 all times the commission avoids any appearance of impropriety or 711 conflict of interest. 712 (n)Lease, purchase, retain, own, hold, improve, or use any 713 property, real, personal, or mixed, or any undivided interest 714 therein. 715 (o)Sell, convey, mortgage, pledge, lease, exchange, 716 abandon, or otherwise dispose of any property, real, personal, 717 or mixed. 718 (p)Establish a budget and make expenditures. 719 (q)Borrow money. 720 (r)Appoint committees, including standing committees, 721 composed of members, state regulators, state legislators or 722 their representatives, consumer representatives, and such other 723 interested persons as may be designated in the compact and the 724 bylaws. 725 (s)Provide and receive information from, and cooperate 726 with, law enforcement agencies. 727 (t)Establish and elect an executive committee, including a 728 chair and a vice chair. 729 (u)Determine whether a states statutorily adopted compact 730 language is materially different from the model compact language 731 such that the state would not qualify for participation in the 732 compact. 733 (v)Perform any other functions necessary to achieve the 734 purposes of the compact. 735 (4)The executive committee. 736 (a)The executive committee may act on behalf of the 737 commission according to the terms of the compact. The powers, 738 duties, and responsibilities of the executive committee include 739 all of the following: 740 1.Overseeing the day-to-day activities of administration 741 of the compact, including enforcement and compliance with the 742 compact and its rules and bylaws and other such duties as deemed 743 necessary by the commission. 744 2.Recommending to the commission changes to the rules or 745 bylaws, changes to the compact legislation, and fees charged to 746 member states, fees charged to licensees, and other fees. 747 3.Ensuring compact administration services are 748 appropriately provided, including by contract. 749 4.Preparing and recommending the budget. 750 5.Maintaining financial records on behalf of the 751 commission. 752 6.Monitoring compact compliance of member states and 753 providing compliance reports to the commission. 754 7.Establishing additional committees as necessary. 755 8.Exercising the powers and duties of the commission in 756 the interim between commission meetings, except for adopting or 757 amending rules, adopting or amending bylaws, and exercising any 758 other powers and duties expressly reserved to the commission by 759 rule or bylaw. 760 9.Performing other duties as provided in the rules or 761 bylaws of the commission. 762 (b)The executive committee may be composed of up to 11 763 members, as follows: 764 1.A chair and a vice chair, who must be voting members of 765 the executive committee. 766 2.Five voting members, selected by the commission from the 767 current membership of the commission. 768 3.Up to four ex-officio, nonvoting members from four 769 recognized national social work organizations specified by the 770 commission, selected by their respective organizations. 771 (c)The commission may remove any member of the executive 772 committee as provided in the commissions bylaws. 773 (d)The executive committee shall meet at least annually. 774 1.Executive committee meetings must be open to the public, 775 except that the executive committee may meet in a closed, 776 nonpublic meeting as provided in subsection (6). 777 2.The executive committee shall give 7 days notice of its 778 meetings, posted on its website and as determined by the 779 commission, to provide notice to persons with an interest in the 780 business of the commission. 781 3.The executive committee may hold a special meeting in 782 accordance with subsection (6). 783 (5)Annual report.The commission shall adopt and provide 784 to the member states an annual report. 785 (6)Meetings of the commission.All meetings of the 786 commission are open to the public, except that the commission 787 may meet in a closed, nonpublic meeting as provided in s. 788 491.023. 789 (a)Public notice for all meetings of the full commission 790 must be given in the same manner as required under the 791 rulemaking provisions in Article XII, except that the commission 792 may hold a special meeting as provided in paragraph (b). 793 (b)The commission may hold a special meeting when it must 794 meet to conduct emergency business by giving 48 hours notice to 795 all commissioners, on the commissions website, and by other 796 means as provided in the commissions rules. The commissions 797 legal counsel shall certify that the commissions need to meet 798 qualifies as an emergency. 799 (c)If a meeting, or portion of a meeting, is closed, the 800 presiding officer must state that the meeting will be closed and 801 reference each relevant exempting provision, and such reference 802 must be recorded in the minutes. 803 (d)The commission shall keep minutes that fully and 804 clearly describe all matters discussed in a meeting and shall 805 provide a full and accurate summary of actions taken, and the 806 reasons therefor, including a description of the views 807 expressed. All documents considered in connection with an action 808 must be identified in the minutes. All minutes and documents of 809 a closed meeting must remain under seal, subject to release only 810 by a majority vote of the commission or order of a court of 811 competent jurisdiction. 812 (7)Financing of the commission. 813 (a)The commission shall pay, or provide for the payment 814 of, the reasonable expenses of its establishment, organization, 815 and ongoing activities. 816 (b)The commission may accept any appropriate revenue 817 sources as provided in paragraph (3)(m). 818 (c)The commission may levy and collect an annual 819 assessment from each member state to cover the cost of the 820 operations and activities of the commission and its staff, which 821 must be in a total amount sufficient to cover its annual budget 822 as approved each year for which revenue is not provided by other 823 sources. The aggregate annual assessment amount for member 824 states shall be allocated based upon a formula that the 825 commission shall adopt by rule. 826 (d)The commission may not incur obligations of any kind 827 before securing the funds adequate to meet such obligations, and 828 the commission may not pledge the credit of any of the member 829 states, except by and with the authority of the member state. 830 (e)The commission shall keep accurate accounts of all 831 receipts and disbursements. The receipts and disbursements of 832 the commission are subject to the financial review and 833 accounting procedures established under its bylaws. However, all 834 receipts and disbursements of funds handled by the commission 835 are subject to an annual financial review by a certified or 836 licensed public accountant, and the report of the financial 837 review must be included in and become part of the annual report 838 of the commission. 839 (8)Qualified immunity, defense, and indemnification. 840 (a)The members, officers, executive director, employees, 841 and representatives of the commission are immune from suit and 842 liability, both personally and in their official capacity, for 843 any claim for damage to or loss of property or personal injury 844 or other civil liability caused by or arising out of any actual 845 or alleged act, error, or omission that occurred, or that the 846 person against whom the claim is made had a reasonable basis for 847 believing occurred, within the scope of commission employment, 848 duties, or responsibilities. This paragraph does not protect any 849 such person from suit or liability for any damage, loss, injury, 850 or liability caused by the intentional or willful or wanton 851 misconduct of that person. The procurement of insurance of any 852 type by the commission does not compromise or limit the immunity 853 granted hereunder. 854 (b)The commission shall defend any member, officer, 855 executive director, employee, or representative of the 856 commission in any civil action seeking to impose liability 857 arising out of any actual or alleged act, error, or omission 858 that occurred within the scope of commission employment, duties, 859 or responsibilities, or that the commission determines the 860 person against whom the claim is made had a reasonable basis for 861 believing occurred within the scope of commission employment, 862 duties, or responsibilities, provided that the actual or alleged 863 act, error, or omission did not result from that persons 864 intentional or willful or wanton misconduct. This paragraph may 865 not be construed to prohibit such person from retaining his or 866 her own counsel at his or her own expense. 867 (c)The commission shall indemnify and hold harmless any 868 member, officer, executive director, employee, or representative 869 of the commission for the amount of any settlement or judgment 870 obtained against that person arising out of any actual or 871 alleged act, error, or omission that occurred within the scope 872 of commission employment, duties, or responsibilities, or, as 873 determined by the commission, that the person against whom the 874 claim is made had a reasonable basis for believing occurred 875 within the scope of commission employment, duties, or 876 responsibilities, provided that the actual or alleged act, 877 error, or omission did not result from the intentional or 878 willful or wanton misconduct of that person. 879 (d)This paragraph may not be construed as a limitation on 880 the liability of any licensee for professional malpractice or 881 misconduct that is governed solely by any other applicable state 882 laws. 883 (e)The compact may not be interpreted to waive or 884 otherwise abrogate a member states state action immunity or 885 state action affirmative defense with respect to antitrust 886 claims under the Sherman Antitrust Act, Clayton Antitrust Act of 887 1914, or any other state or federal antitrust or anticompetitive 888 law or regulation. 889 (f)The compact may not be construed as a waiver of 890 sovereign immunity by the member states or by the commission. 891 892 ARTICLE XI 893 DATA SYSTEM 894 895 (1)The commission shall provide for the development, 896 maintenance, operation, and use of a coordinated data system. 897 (2)The commission shall assign each applicant for a 898 multistate license a unique identifier, as determined by the 899 rules of the commission. 900 (3)Notwithstanding any other state law to the contrary, a 901 member state shall submit a uniform data set to the data system 902 on all individuals to whom the compact is applicable as required 903 by the rules of the commission, including all of the following 904 information: 905 (a)Identifying information. 906 (b)Licensure data. 907 (c)Adverse actions against a license and related 908 information. 909 (d)Nonconfidential information related to alternative 910 program participation, the beginning and ending dates of such 911 participation, and other information related to such 912 participation not made confidential under member state law. 913 (e)Any denial of application for licensure and the reason 914 for such denial. 915 (f)Any current significant investigative information. 916 (g)Other information that may facilitate the 917 administration of the compact or the protection of the public, 918 as determined by the rules of the commission. 919 (4)The records and information provided to a member state 920 under the compact or through the data system, when certified by 921 the commission or an agent thereof, constitute the authenticated 922 business records of the commission and are entitled to any 923 associated hearsay exception in any relevant judicial, quasi 924 judicial, or administrative proceedings in a member state. 925 (5)(a)Current significant investigative information 926 pertaining to a licensee in any member state may be made 927 available only to other member states. 928 (b)It is the responsibility of the member states to report 929 any adverse action against a licensee and to monitor the 930 database to determine whether adverse action has been taken 931 against a licensee in another member state. Adverse action 932 information pertaining to a licensee in any member state must be 933 made available to other member states. 934 (6)Member states contributing information to the data 935 system may designate information that may not be shared with the 936 public without the express permission of the contributing state. 937 (7)Any information submitted to the data system which is 938 subsequently expunged pursuant to federal law or the laws of the 939 member state contributing the information must be removed from 940 the data system. 941 942 ARTICLE XII 943 RULEMAKING 944 945 (1)The commission shall adopt rules to implement and 946 administer the compact. A rule is invalid and has no force or 947 effect if a court of competent jurisdiction holds that the rule 948 is invalid because the commission exercised its rulemaking 949 authority in a manner that is beyond the scope and purposes of 950 the compact, or the powers granted hereunder, or based upon 951 another applicable standard of review. 952 (2)The rules of the commission have the force of law in 953 each member state; however, if the rules of the commission 954 conflict with the laws, regulations, or applicable standards of 955 a member state governing the practice of social work as held by 956 a court of competent jurisdiction, the rules of the commission 957 are ineffective in that state to the extent of the conflict. 958 (3)The commission shall exercise its rulemaking powers 959 pursuant to the criteria set forth in this article and the rules 960 adopted hereunder. Rules become binding the day after they are 961 adopted or the date specified in the rule or amendment, 962 whichever is later. 963 (4)If a majority of the legislatures of the member states 964 rejects a rule or portion of a rule, by enactment of a statute 965 or resolution in the same manner used to adopt the compact 966 within 4 years after the date of adoption of the rule, such rule 967 has no further force and effect in any member state. 968 (5)Rules must be adopted at a regular or special meeting 969 of the commission. 970 (6)Before adoption of a proposed rule, the commission 971 shall hold a public hearing and allow persons to provide oral 972 and written comments, data, facts, opinions, and arguments. 973 (7)Before adoption of a proposed rule by the commission, 974 and at least 30 days before the meeting at which the commission 975 will hold a public hearing on the proposed rule, the commission 976 shall provide a notice of proposed rulemaking: 977 (a)On the website of the commission or on another publicly 978 accessible platform; 979 (b)To persons who have requested notice of the 980 commissions notices of proposed rulemaking; and 981 (c)In any other manner as specified by commission rule. 982 (8)The notice of proposed rulemaking must include all of 983 the following: 984 (a)The time, date, and location of the public hearing at 985 which the commission will hear public comments on the proposed 986 rule and, if different, the time, date, and location of the 987 meeting where the commission will consider and vote on the 988 proposed rule. 989 (b)If the hearing is held through telecommunication, video 990 conference, or other similar electronic means, the mechanism for 991 accessing the hearing must be included in the notice of proposed 992 rulemaking. 993 (c)The text of the proposed rule and the reasons 994 necessitating the rule. 995 (d)A request for comments on the proposed rule from any 996 interested person. 997 (e)The manner in which interested persons may submit 998 written comments. 999 (9)All hearings must be recorded. A copy of the recording 1000 and all written comments and documents received by the 1001 commission in response to the proposed rule must be made 1002 available to the public. 1003 (10)This article does not require a separate hearing on 1004 each rule. Rules may be grouped for the convenience of the 1005 commission at hearings required by this article. 1006 (11)The commission shall, by majority vote of all members, 1007 take final action on the proposed rule based on the rulemaking 1008 record and the full text of the rule. 1009 (a)The commission may adopt changes to the proposed rule 1010 if the changes do not expand the original purpose of the 1011 proposed rule. 1012 (b)The commission shall provide an explanation of the 1013 reasons for substantive changes made to the proposed rule as 1014 well as the reasons why substantive changes recommended by 1015 commenters were not made. 1016 (c)The commission shall set a reasonable effective date 1017 for each rule. Except for an emergency as provided in subsection 1018 (12), the effective date of the rule must be at least 30 days 1019 after the commission issues the notice of rule adoption or 1020 amendment. 1021 (12)Upon determination that an emergency exists, the 1022 commission may consider and adopt an emergency rule with 48 1023 hours notice, with opportunity to comment, provided that the 1024 usual rulemaking procedures provided in the compact and in this 1025 article are retroactively applied to the rule as soon as 1026 reasonably possible, but in no event later than 90 days after 1027 the effective date of the rule. For purposes of this subsection, 1028 an emergency rule is one that must be adopted immediately in 1029 order to: 1030 (a)Meet an imminent threat to public health, safety, or 1031 welfare; 1032 (b)Prevent a loss of commission or member state funds; 1033 (c)Meet a deadline for the adoption of a rule which is 1034 established by federal law or rule; or 1035 (d)Protect public health and safety. 1036 (13)The commission or an authorized committee of the 1037 commission may direct revisions to a previously adopted rule for 1038 purposes of correcting typographical errors, errors in format, 1039 errors in consistency, or grammatical errors. Public notice of 1040 any revision must be posted on the commissions website. The 1041 revision is subject to challenge by any person for a period of 1042 30 days after posting. The revision may be challenged only on 1043 the grounds that the revision results in a material change to a 1044 rule. A challenge must be made in writing and delivered to the 1045 commission before the end of the notice period. If a challenge 1046 is not made, the revision will take effect without further 1047 action. If the revision is challenged, the revision may not take 1048 effect without the approval of the commission. 1049 (14)A member states rulemaking requirements do not apply 1050 under this compact. 1051 1052 ARTICLE XIII 1053 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 1054 1055 (1)Oversight. 1056 (a)The executive and judicial branches of state government 1057 in each member state shall enforce the compact and take all 1058 actions necessary to implement the compact. 1059 (b)Except as otherwise provided in the compact, venue is 1060 proper and judicial proceedings by or against the commission 1061 shall be brought solely and exclusively in a court of competent 1062 jurisdiction where the principal office of the commission is 1063 located. The commission may waive venue and jurisdictional 1064 defenses to the extent that it adopts or consents to participate 1065 in alternative dispute resolution proceedings. This paragraph 1066 does not affect or limit the selection or propriety of venue in 1067 any action against a licensee for professional malpractice, 1068 misconduct, or any such similar matter. 1069 (c)The commission is entitled to receive service of 1070 process in any proceeding regarding the enforcement or 1071 interpretation of the compact and has standing to intervene in 1072 such a proceeding for all purposes. Failure to provide the 1073 commission service of process renders a judgment or an order 1074 void as to the commission, the compact, or adopted rules. 1075 (2)Default, technical assistance, and termination. 1076 (a)If the commission determines that a member state has 1077 defaulted in the performance of its obligations or 1078 responsibilities under the compact or the adopted rules, the 1079 commission must provide written notice to the defaulting state. 1080 The notice of default must describe the default, the proposed 1081 means of curing the default, and any other action that the 1082 commission may take, and must offer training and specific 1083 technical assistance regarding the default. 1084 (b)The commission shall provide a copy of the notice of 1085 default to the other member states. 1086 (c)If a state in default fails to cure the default, the 1087 defaulting state may be terminated from the compact upon an 1088 affirmative vote of a majority of the delegates of the member 1089 states, and all rights, privileges, and benefits conferred on 1090 that state by the compact may be terminated on the effective 1091 date of termination. A cure of the default does not relieve the 1092 offending state of obligations or liabilities incurred during 1093 the period of default. 1094 (d)Termination of membership in the compact may be imposed 1095 only after all other means of securing compliance have been 1096 exhausted. The commission shall give notice of intent to suspend 1097 or terminate to the Governor of the defaulting state, the 1098 majority and minority leaders of the defaulting states 1099 legislature, the defaulting states licensing authority, and the 1100 licensing authority of each member state. 1101 (e)A state that has its membership terminated from the 1102 compact is responsible for all assessments, obligations, and 1103 liabilities incurred through the effective date of termination, 1104 including obligations that extend beyond the effective date of 1105 termination. 1106 (f)Upon the termination of a states membership from the 1107 compact, that state shall immediately provide notice to all 1108 licensees within that state of such termination. The terminated 1109 state shall continue to recognize all licenses granted under the 1110 compact for at least 180 days after the date of the notice of 1111 termination. 1112 (g)The commission does not bear any costs related to a 1113 state that is found to be in default or that has been terminated 1114 from the compact, unless agreed upon in writing between the 1115 commission and the defaulting state. 1116 (h)The defaulting state may appeal the action of the 1117 commission by petitioning the United States District Court for 1118 the District of Columbia or the federal district where the 1119 commission has its principal offices. The prevailing party shall 1120 be awarded all costs of such litigation, including reasonable 1121 attorney fees. 1122 (3)Dispute resolution. 1123 (a)Upon request by a member state, the commission shall 1124 attempt to resolve disputes related to the compact which arise 1125 among member states and between member and nonmember states. 1126 (b)The commission shall adopt a rule providing for both 1127 mediation and binding dispute resolution for disputes, as 1128 appropriate. 1129 (4)Enforcement. 1130 (a)By majority vote as provided by rule, the commission 1131 may initiate legal action against a member state in default in 1132 the United States District Court for the District of Columbia or 1133 the federal district where the commission has its principal 1134 offices to enforce compliance with the compact and its adopted 1135 rules. The relief sought may include both injunctive relief and 1136 damages. In the event judicial enforcement is necessary, the 1137 prevailing party shall be awarded all costs of such litigation, 1138 including reasonable attorney fees. The remedies herein are not 1139 the exclusive remedies of the commission. The commission may 1140 pursue any other remedies available under federal law or the 1141 defaulting member states law. 1142 (b)A member state may initiate legal action against the 1143 commission in the United States District Court for the District 1144 of Columbia or the federal district where the commission has its 1145 principal offices to enforce compliance with the compact and its 1146 adopted rules. The relief sought may include both injunctive 1147 relief and damages. In the event judicial enforcement is 1148 necessary, the prevailing party shall be awarded all costs of 1149 such litigation, including reasonable attorney fees. 1150 (c)Only a member state may seek enforcement of the compact 1151 against the commission. 1152 1153 ARTICLE XIV 1154 EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 1155 1156 (1)The compact becomes effective on the date the compact 1157 statute is enacted into law in the seventh member state. 1158 (2)(a)On or after the effective date of the compact, the 1159 commission shall convene and review the enactment of each of the 1160 first seven charter member states to determine whether the 1161 statute enacted by each such charter member state is materially 1162 different from the model compact language. 1163 1.A charter member state whose enactment is found to be 1164 materially different from the model compact language is entitled 1165 to the default process set forth in Article XIII. 1166 2.If any member state is later found to be in default or 1167 is terminated or withdraws from the compact, the commission 1168 remains in existence and the compact remains in effect even if 1169 the number of member states is less than seven. 1170 (b)Member states enacting the compact after the seven 1171 initial charter member states are subject to the process set 1172 forth in paragraph (3)(u) of Article X to determine whether 1173 their enactments are materially different from the model compact 1174 language and whether they qualify for participation in the 1175 compact. 1176 (c)All actions taken for the benefit of the commission or 1177 in furtherance of administration of the compact before the 1178 effective date of the compact or the commission coming into 1179 existence are considered to be actions of the commission unless 1180 specifically repudiated by the commission. 1181 (d)Any state that joins the compact subsequent to the 1182 commissions initial adoption of the rules and bylaws is subject 1183 to the rules and bylaws as they exist on the date on which the 1184 compact becomes law in that state. Any rule that has been 1185 previously adopted by the commission has the full force and 1186 effect of law on the day the compact becomes law in that state. 1187 (3)Any member state may withdraw from the compact by 1188 enacting a statute repealing the compact. 1189 (a)A member states withdrawal does not take effect until 1190 180 days after enactment of the repealing statute. 1191 (b)Withdrawal does not affect the continuing requirement 1192 of the withdrawing states licensing authority to comply with 1193 the investigative and adverse action reporting requirements of 1194 the compact before the effective date of withdrawal. 1195 (c)Upon enactment of a statute repealing the compact, a 1196 state shall immediately provide notice of such withdrawal to all 1197 licensees within that state. Notwithstanding any subsequent 1198 statutory enactment to the contrary, such withdrawing state must 1199 continue to recognize all licenses granted under the compact for 1200 at least 180 days after the date of such notice of withdrawal. 1201 (4)The compact does not invalidate or prevent any 1202 licensure agreement or other cooperative arrangement between a 1203 member state and a nonmember state which does not conflict with 1204 the compact. 1205 (5)The compact may be amended by the member states. An 1206 amendment to the compact does not become effective and binding 1207 on any member state until it is enacted into the laws of all 1208 member states. 1209 1210 ARTICLE XV 1211 CONSTRUCTION AND SEVERABILITY 1212 1213 (1)The compact and the commissions rulemaking authority 1214 shall be liberally construed so as to effectuate the purposes, 1215 implementation, and administration of the compact. Provisions of 1216 the compact expressly authorizing or requiring the adoption of 1217 rules may not be construed to limit the commissions rulemaking 1218 authority solely for those purposes. 1219 (2)The provisions of the compact are severable, and if any 1220 phrase, clause, sentence, or provision of the compact is held by 1221 a court of competent jurisdiction to be contrary to the 1222 constitution of any member state, of a state seeking 1223 participation in the compact, or of the United States, or the 1224 applicability thereof to any government, agency, person, or 1225 circumstance is held to be unconstitutional by a court of 1226 competent jurisdiction, the validity of the remainder of the 1227 compact and the applicability thereof to any other government, 1228 agency, person, or circumstance is not affected. 1229 (3)Notwithstanding subsection (2), the commission may deny 1230 a states participation in the compact, or may terminate a 1231 member states participation in the compact in accordance with 1232 the requirements of subsection (2) of Article XIII, if it 1233 determines that a constitutional requirement of a member state 1234 is a material departure from the compact. Otherwise, if the 1235 compact is held to be contrary to the constitution of any member 1236 state, the compact remains in full force and effect as to the 1237 remaining member states and in full force and effect as to the 1238 member state affected as to all severable matters. 1239 1240 ARTICLE XVI 1241 CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1242 1243 (1)A licensee providing services in a remote state under a 1244 multistate authorization to practice shall adhere to the laws 1245 and regulations, including applicable standards, of the remote 1246 state where the client is located at the time care is rendered. 1247 (2)The compact does not prevent or inhibit the enforcement 1248 of any other law of a member state which is not inconsistent 1249 with the compact. 1250 (3)Any laws, statutes, regulations, or other legal 1251 requirements in a member state in conflict with the compact are 1252 superseded to the extent of the conflict. 1253 (4)All permissible agreements between the commission and 1254 the member states are binding in accordance with their terms. 1255 Section 2.Paragraph (b) of subsection (10) of section 1256 456.073, Florida Statutes, is amended to read: 1257 456.073Disciplinary proceedings.Disciplinary proceedings 1258 for each board shall be within the jurisdiction of the 1259 department. 1260 (10) 1261 (b)The department shall report any significant 1262 investigation information relating to a nurse holding a 1263 multistate license to the coordinated licensure information 1264 system pursuant to s. 464.0095; any investigative information 1265 relating to an audiologist or a speech-language pathologist 1266 holding a compact privilege under the Audiology and Speech 1267 Language Pathology Interstate Compact to the data system 1268 pursuant to s. 468.1335; any investigative information relating 1269 to a physical therapist or physical therapist assistant holding 1270 a compact privilege under the Physical Therapy Licensure Compact 1271 to the data system pursuant to s. 486.112; any significant 1272 investigatory information relating to a psychologist practicing 1273 under the Psychology Interjurisdictional Compact to the 1274 coordinated licensure information system pursuant to s. 1275 490.0075; and any significant investigatory information relating 1276 to a health care practitioner practicing under the Professional 1277 Counselors Licensure Compact to the data system pursuant to s. 1278 491.017; and any significant investigatory information relating 1279 to a clinical social worker practicing under the Social Work 1280 Licensure Compact to the data system pursuant to s. 491.022. 1281 Section 3.Subsection (5) of section 456.076, Florida 1282 Statutes, is amended to read: 1283 456.076Impaired practitioner programs. 1284 (5)A consultant shall enter into a participant contract 1285 with an impaired practitioner and shall establish the terms of 1286 monitoring and shall include the terms in a participant 1287 contract. In establishing the terms of monitoring, the 1288 consultant may consider the recommendations of one or more 1289 approved evaluators, treatment programs, or treatment providers. 1290 A consultant may modify the terms of monitoring if the 1291 consultant concludes, through the course of monitoring, that 1292 extended, additional, or amended terms of monitoring are 1293 required for the protection of the health, safety, and welfare 1294 of the public. If the impaired practitioner is an audiologist or 1295 a speech-language pathologist practicing under the Audiology and 1296 Speech-Language Pathology Interstate Compact pursuant to s. 1297 468.1335, a physical therapist or physical therapist assistant 1298 practicing under the Physical Therapy Licensure Compact pursuant 1299 to s. 486.112, a psychologist practicing under the Psychology 1300 Interjurisdictional Compact pursuant to s. 490.0075, or a health 1301 care practitioner practicing under the Professional Counselors 1302 Licensure Compact pursuant to s. 491.017, or a clinical social 1303 worker practicing under the Social Work Licensure Compact 1304 pursuant to s. 491.022, the terms of the monitoring contract 1305 must include the impaired practitioners withdrawal from all 1306 practice under the compact unless authorized by a member state. 1307 Section 4.Subsection (9) is added to section 491.004, 1308 Florida Statutes, to read: 1309 491.004Board of Clinical Social Work, Marriage and Family 1310 Therapy, and Mental Health Counseling. 1311 (9)The board shall appoint an individual to serve as the 1312 states delegate on the Social Work Licensure Compact 1313 Commission, as required under s. 491.022. 1314 Section 5.Subsection (6) of section 491.005, Florida 1315 Statutes, is amended to read: 1316 491.005Licensure by examination. 1317 (6)EXEMPTIONS EXEMPTION. 1318 (a)A person licensed as a clinical social worker, marriage 1319 and family therapist, or mental health counselor in another 1320 state who is practicing under the Professional Counselors 1321 Licensure Compact pursuant to s. 491.017, and only within the 1322 scope provided therein, is exempt from the licensure 1323 requirements of this section, as applicable. 1324 (b)A person licensed as a clinical social worker in 1325 another state who is practicing under the Social Work Licensure 1326 Compact pursuant to s. 491.022, and only within the scope 1327 provided therein, is exempt from the licensure requirements of 1328 this section, as applicable. 1329 Section 6.Subsection (4) is added to section 491.006, 1330 Florida Statutes, to read: 1331 491.006Licensure or certification by endorsement. 1332 (4)A person licensed as a clinical social worker in 1333 another state who is practicing under the Social Work Licensure 1334 Compact pursuant to s. 491.022, and only within the scope 1335 provided therein, is exempt from the licensure requirements of 1336 this section, as applicable. 1337 Section 7.Section 491.009, Florida Statutes, is amended to 1338 read: 1339 491.009Discipline. 1340 (1)The following acts constitute grounds for denial of a 1341 license or disciplinary action, as specified in s. 456.072(2), 1342 or s. 491.017, or s. 491.022: 1343 (a)Attempting to obtain, obtaining, or renewing a license, 1344 registration, or certificate under this chapter by bribery or 1345 fraudulent misrepresentation or through an error of the board or 1346 the department. 1347 (b)Having a license, registration, or certificate to 1348 practice a comparable profession revoked, suspended, or 1349 otherwise acted against, including the denial of certification 1350 or licensure by another state, territory, or country. 1351 (c)Being convicted or found guilty of, regardless of 1352 adjudication, or having entered a plea of nolo contendere to, a 1353 crime in any jurisdiction which directly relates to the practice 1354 of his or her profession or the ability to practice his or her 1355 profession. However, in the case of a plea of nolo contendere, 1356 the board shall allow the person who is the subject of the 1357 disciplinary proceeding to present evidence in mitigation 1358 relevant to the underlying charges and circumstances surrounding 1359 the plea. 1360 (d)False, deceptive, or misleading advertising or 1361 obtaining a fee or other thing of value on the representation 1362 that beneficial results from any treatment will be guaranteed. 1363 (e)Advertising, practicing, or attempting to practice 1364 under a name other than ones own. 1365 (f)Maintaining a professional association with any person 1366 who the applicant, licensee, registered intern, or 1367 certificateholder knows, or has reason to believe, is in 1368 violation of this chapter or of a rule of the department or the 1369 board. 1370 (g)Knowingly aiding, assisting, procuring, or advising any 1371 nonlicensed, nonregistered, or noncertified person to hold 1372 himself or herself out as licensed, registered, or certified 1373 under this chapter. 1374 (h)Failing to perform any statutory or legal obligation 1375 placed upon a person licensed, registered, or certified under 1376 this chapter. 1377 (i)Willfully making or filing a false report or record; 1378 failing to file a report or record required by state or federal 1379 law; willfully impeding or obstructing the filing of a report or 1380 record; or inducing another person to make or file a false 1381 report or record or to impede or obstruct the filing of a report 1382 or record. Such report or record includes only a report or 1383 record which requires the signature of a person licensed, 1384 registered, or certified under this chapter. 1385 (j)Paying a kickback, rebate, bonus, or other remuneration 1386 for receiving a patient or client, or receiving a kickback, 1387 rebate, bonus, or other remuneration for referring a patient or 1388 client to another provider of mental health care services or to 1389 a provider of health care services or goods; referring a patient 1390 or client to oneself for services on a fee-paid basis when those 1391 services are already being paid for by some other public or 1392 private entity; or entering into a reciprocal referral 1393 agreement. 1394 (k)Committing any act upon a patient or client which would 1395 constitute sexual battery or which would constitute sexual 1396 misconduct as defined pursuant to s. 491.0111. 1397 (l)Making misleading, deceptive, untrue, or fraudulent 1398 representations in the practice of any profession licensed, 1399 registered, or certified under this chapter. 1400 (m)Soliciting patients or clients personally, or through 1401 an agent, through the use of fraud, intimidation, undue 1402 influence, or a form of overreaching or vexatious conduct. 1403 (n)Failing to make available to a patient or client, upon 1404 written request, copies of tests, reports, or documents in the 1405 possession or under the control of the licensee, registered 1406 intern, or certificateholder which have been prepared for and 1407 paid for by the patient or client. 1408 (o)Failing to respond within 30 days to a written 1409 communication from the department or the board concerning any 1410 investigation by the department or the board, or failing to make 1411 available any relevant records with respect to any investigation 1412 about the licensees, registered interns, or 1413 certificateholders conduct or background. 1414 (p)Being unable to practice the profession for which he or 1415 she is licensed, registered, or certified under this chapter 1416 with reasonable skill or competence as a result of any mental or 1417 physical condition or by reason of illness; drunkenness; or 1418 excessive use of drugs, narcotics, chemicals, or any other 1419 substance. In enforcing this paragraph, upon a finding by the 1420 State Surgeon General, the State Surgeon Generals designee, or 1421 the board that probable cause exists to believe that the 1422 licensee, registered intern, or certificateholder is unable to 1423 practice the profession because of the reasons stated in this 1424 paragraph, the department shall have the authority to compel a 1425 licensee, registered intern, or certificateholder to submit to a 1426 mental or physical examination by psychologists, physicians, or 1427 other licensees under this chapter, designated by the department 1428 or board. If the licensee, registered intern, or 1429 certificateholder refuses to comply with such order, the 1430 departments order directing the examination may be enforced by 1431 filing a petition for enforcement in the circuit court in the 1432 circuit in which the licensee, registered intern, or 1433 certificateholder resides or does business. The licensee, 1434 registered intern, or certificateholder against whom the 1435 petition is filed may not be named or identified by initials in 1436 any public court records or documents, and the proceedings shall 1437 be closed to the public. The department shall be entitled to the 1438 summary procedure provided in s. 51.011. A licensee, registered 1439 intern, or certificateholder affected under this paragraph shall 1440 at reasonable intervals be afforded an opportunity to 1441 demonstrate that he or she can resume the competent practice for 1442 which he or she is licensed, registered, or certified with 1443 reasonable skill and safety to patients. 1444 (q)Performing any treatment or prescribing any therapy 1445 which, by the prevailing standards of the mental health 1446 professions in the community, would constitute experimentation 1447 on human subjects, without first obtaining full, informed, and 1448 written consent. 1449 (r)Failing to meet the minimum standards of performance in 1450 professional activities when measured against generally 1451 prevailing peer performance, including the undertaking of 1452 activities for which the licensee, registered intern, or 1453 certificateholder is not qualified by training or experience. 1454 (s)Delegating professional responsibilities to a person 1455 who the licensee, registered intern, or certificateholder knows 1456 or has reason to know is not qualified by training or experience 1457 to perform such responsibilities. 1458 (t)Violating a rule relating to the regulation of the 1459 profession or a lawful order of the department or the board 1460 previously entered in a disciplinary hearing. 1461 (u)Failure of the licensee, registered intern, or 1462 certificateholder to maintain in confidence a communication made 1463 by a patient or client in the context of such services, except 1464 as provided in s. 491.0147. 1465 (v)Making public statements which are derived from test 1466 data, client contacts, or behavioral research and which identify 1467 or damage research subjects or clients. 1468 (w)Violating any provision of this chapter or chapter 456, 1469 or any rules adopted pursuant thereto. 1470 (2)(a)The board or, in the case of certified master social 1471 workers, the department may enter an order denying licensure or 1472 imposing any of the penalties authorized in s. 456.072(2) 1473 against any applicant for licensure or any licensee who violates 1474 subsection (1) or s. 456.072(1). 1475 (b)The board may take adverse action against a clinical 1476 social workers, a marriage and family therapists, or a mental 1477 health counselors privilege to practice under the Professional 1478 Counselors Licensure Compact pursuant to s. 491.017 and may 1479 impose any of the penalties in s. 456.072(2) if the clinical 1480 social worker, marriage and family therapist, or mental health 1481 counselor commits an act specified in subsection (1) or s. 1482 456.072(1). 1483 (c)The board may take adverse action against a social 1484 workers multistate authorization to practice under the Social 1485 Work Licensure Compact pursuant to s. 491.022 and may impose any 1486 of the penalties in s. 456.072(2) if the social worker commits 1487 an act specified in subsection (1) or s. 456.072(1). 1488 Section 8.Paragraph (m) is added to subsection (10) of 1489 section 768.28, Florida Statutes, to read: 1490 768.28Waiver of sovereign immunity in tort actions; 1491 recovery limits; civil liability for damages caused during a 1492 riot; limitation on attorney fees; statute of limitations; 1493 exclusions; indemnification; risk management programs. 1494 (10) 1495 (m)For purposes of this section, the individual appointed 1496 under s. 491.004(9) as the states delegate on the Social Work 1497 Licensure Compact Commission, when serving in that capacity 1498 pursuant to s. 491.022, and any administrator, officer, 1499 executive director, employee, or representative of the 1500 commission, when acting within the scope of his or her 1501 employment, duties, or responsibilities in this state, is 1502 considered an agent of the state. The commission shall pay any 1503 claims or judgments pursuant to this section and may maintain 1504 insurance coverage to pay any such claims or judgments. 1505 Section 9.This act shall take effect July 1, 2025.