GA
Georgia House Bill HB839

Georgia 2023-2024 Regular Session

Georgia House Bill HB839 Compare Versions

OldNewDifferences
1-24 LC 36 5873S
2-The Senate Committee on Regulated Industries and Utilities offered the following
3-substitute to HB 839:
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2+House Bill 839 (COMMITTEE SUBSTITUTE)
3+By: Representatives Dempsey of the 13
4+th
5+, Hutchinson of the 106
6+th
7+, Cooper of the 45
8+th
9+, Powell
10+of the 33
11+rd
12+, and Ridley of the 6
13+th
14+
415 A BILL TO BE ENTITLED
516 AN ACT
6-To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1
17+To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
18+1
719 businesses, so as to change provisions relating to licensure of individuals wanting to practice2
820 certain professions in this state; to enter into an interstate compact known as the "Social3
921 Work Licensure Compact"; to authorize the Georgia Composite Board of Professional4
1022 Counselors, Social Workers, and Marriage and Family Therapists to administer the compact5
11-in this state; to change a certain requirement relating to licensure of massage therapists; to6
12-provide for a short title; to provide for related matters; to repeal conflicting laws; and for7
13-other purposes.8
14-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
15-SECTION 1.10
16-Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,11
17-is amended in Code Section 43-10A-5, relating to powers and duties of board, quorum, and12
18-meetings, by revising subsection (h) as follows:13
19-"(h) The board shall administer the Professional Counselors Licensure Compact contained14
20-in Article 2 of this chapter and the Social Work Licensure Compact contained in Article 315
21-of this chapter."16
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23-SECTION 2.17
24-Said title is further amended by adding a new article to read as follows:18
25-"ARTICLE 319
26-43-10A-60.20
27-This article shall be known and may be cited as the 'Social Work Licensure Compact Act.'21
28-43-10A-61.22
29-The Social Work Licensure Compact is enacted into law and entered into by the State of23
30-Georgia with any and all other states legally joining therein in the form substantially as24
31-follows:25
32-'SOCIAL WORK LICENSURE COMPACT ACT26
33-SECTION 1: PURPOSE27
34-The purpose of this Compact is to facilitate interstate practice of Regulated Social Workers28
35-by improving public access to competent Social Work Services. The Compact preserves the29
36-regulatory authority of States to protect public health and safety through the current system30
37-of State licensure. This Compact is designed to achieve the following objectives:31
38-A. Increase public access to Social Work Services;32
39-B. Reduce overly burdensome and duplicative requirements associated with holding33
40-multiple licenses;34
41-C. Enhance the Member States' ability to protect the public's health and safety;35
42-D. Encourage the cooperation of Member States in regulating multistate practice;36
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44-E. Promote mobility and address workforce shortages by eliminating the necessity for37
45-licenses in multiple States by providing for the mutual recognition of other Member State38
46-licenses;39
47-F. Support military families;40
48-G. Facilitate the exchange of licensure and disciplinary information among Member States;41
49-H. Authorize all Member States to hold a Regulated Social Worker accountable for abiding42
50-by the Member State's laws, regulations, and applicable professional standards in the43
51-Member State in which the client is located at the time care is rendered; and44
52-I. Allow for the use of telehealth to facilitate increased access to regulated Social Work45
53-Services.46
54-SECTION 2: DEFINITIONS47
55-As used in this Compact, and except as otherwise provided, the following definitions shall48
56-apply:49
57-A. 'Active Military Member' means any individual in full-time duty status in the active50
58-armed forces of the United States including members of the National Guard and Reserve.51
59-B. 'Adverse Action' means any administrative, civil, equitable or criminal action permitted52
60-by a State's laws which is imposed by a Licensing Authority or other authority against a53
61-Regulated Social Worker, including actions against an individual's license or Multistate54
62-Authorization to Practice such as revocation, suspension, probation, monitoring of the55
63-Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure56
64-affecting a Regulated Social Worker's authorization to practice, including issuance of a57
65-cease and desist action.58
66-C. 'Alternative Program' means a non-disciplinary monitoring or practice remediation59
67-process approved by a Licensing Authority to address practitioners with an Impairment.60
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69-D. 'Charter Member States' - Member States who have enacted legislation to adopt this61
70-Compact where such legislation predates the effective date of this Compact as defined in62
71-Section 14.63
72-E. 'Compact Commission' or 'Commission' means the government agency whose64
73-membership consists of all States that have enacted this Compact, which is known as the65
74-Social Work Licensure Compact Commission, as defined in Section 10, and which shall66
75-operate as an instrumentality of the Member States.67
76-F. 'Current Significant Investigative Information' means:68
77-1. Investigative information that a Licensing Authority, after a preliminary inquiry that69
78-includes notification and an opportunity for the Regulated Social Worker to respond has70
79-reason to believe is not groundless and, if proved true, would indicate more than a minor71
80-infraction as may be defined by the Commission; or72
81-2. Investigative information that indicates that the Regulated Social Worker represents73
82-an immediate threat to public health and safety, as may be defined by the Commission,74
83-regardless of whether the Regulated Social Worker has been notified and has had an75
84-opportunity to respond.76
85-G. 'Data System' means a repository of information about Licensees, including, but not77
86-limited to, continuing education, examination, licensure, Current Significant Investigative78
87-Information, Disqualifying Event, Multistate License(s) and Adverse Action information79
88-or other information as required by the Commission.80
89-H. 'Domicile' means the jurisdiction in which the Licensee resides and intends to remain81
90-indefinitely.82
91-I. 'Disqualifying Event' means any Adverse Action or incident which results in an83
92-Encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or84
93-renew a Multistate License.85
94-J. 'Encumbrance' means a revocation or suspension of, or any limitation on, the full and86
95-unrestricted practice of Social Work licensed and regulated by a Licensing Authority.87
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97-K. 'Executive Committee' means a group of delegates elected or appointed to act on behalf88
98-of, and within the powers granted to them by, the compact and Commission.89
99-L. 'Home State' means the Member State that is the Licensee's primary Domicile.90
100-M. 'Impairment' means a condition(s) that may impair a practitioner's ability to engage in91
101-full and unrestricted practice as a Regulated Social Worker without some type of92
102-intervention and may include, but are not limited to, alcohol and drug dependence, mental93
103-health impairment, and neurological or physical impairments.94
104-N. 'Licensee(s)' means an individual who currently holds a license from a State to practice95
105-as a Regulated Social Worker.96
106-O. 'Licensing Authority' means the board or agency of a Member State, or equivalent, that97
107-is responsible for the licensing and regulation of Regulated Social Workers.98
108-P. 'Member State' means a state, commonwealth, district, or territory of the United States99
109-of America that has enacted this Compact.100
110-Q. 'Multistate Authorization to Practice' means a legally authorized privilege to practice,101
111-which is equivalent to a license, associated with a Multistate License permitting the102
112-practice of Social Work in a Remote State.103
113-R. 'Multistate License' means a license to practice as a Regulated Social Worker issued by104
114-a Home State Licensing Authority that authorizes the Regulated Social Worker to practice105
115-in all Member States under Multistate Authorization to Practice.106
116-S. 'Qualifying National Exam' means a national licensing examination approved by the107
117-Commission.108
118-T. 'Regulated Social Worker' means any clinical, master's or bachelor's Social Worker109
119-licensed by a Member State regardless of the title used by that Member State.110
120-U. 'Remote State' means a Member State other than the Licensee's Home State.111
121-V. 'Rule(s)' or 'Rule(s) of the Commission' means a regulation or regulations duly112
122-promulgated by the Commission, as authorized by the Compact, that has the force of law.113
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124-W. 'Single State License' means a Social Work license issued by any State that authorizes114
125-practice only within the issuing State and does not include Multistate Authorization to115
126-Practice in any Member State.116
127-X. 'Social Work' or 'Social Work Services' means the application of social work theory,117
128-knowledge, methods, ethics, and the professional use of self to restore or enhance social,118
129-psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,119
130-organizations, and communities through the care and services provided by a Regulated120
131-Social Worker as set forth in the Member State's statutes and regulations in the State where121
132-the services are being provided.122
133-Y. 'State' means any state, commonwealth, district, or territory of the United States of123
134-America that regulates the practice of Social Work.124
135-Z. 'Unencumbered License' means a license that authorizes a Regulated Social Worker to125
136-engage in the full and unrestricted practice of Social Work.126
137-SECTION 3: STATE PARTICIPATION IN THE COMPACT127
138-A. To be eligible to participate in the compact, a potential Member State must currently128
139-meet all of the following criteria:129
140-1. License and regulate the practice of Social Work at either the clinical, master's, or130
141-bachelor's category.131
142-2. Require applicants for licensure to graduate from a program that is:132
143-a. Operated by a college or university recognized by the Licensing Authority;133
144-b. Accredited, or in candidacy by an institution that subsequently becomes accredited,134
145-by an accrediting agency recognized by either:135
146-i. the Council for Higher Education Accreditation, or its successor; or136
147-ii. the United States Department of Education; and137
148-c. Corresponds to the licensure sought as outlined in Section 4.138
149-3. Require applicants for clinical licensure to complete a period of supervised practice.139
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151-4. Have a mechanism in place for receiving, investigating, and adjudicating complaints140
152-about Licensees.141
153-B. To maintain membership in the Compact a Member State shall:142
154-1. Require applicants for a Multistate License pass a Qualifying National Exam for the143
155-corresponding category of Multistate License sought as outlined in Section 4;144
156-2. Participate fully in the Commission's Data System, including using the Commission's145
157-unique identifier as defined in Rules;146
158-3. Notify the Commission, in compliance with the terms of the Compact and Rules, of147
159-any Adverse Action or the availability of Current Significant Investigative Information148
160-regarding a Licensee;149
161-4. Implement procedures for considering the criminal history records of applicants for a150
162-Multistate License. Such procedures shall include the submission of fingerprints or other151
163-biometric-based information by applicants for the purpose of obtaining an applicant's152
164-criminal history record information from the Federal Bureau of Investigation and the153
165-agency responsible for retaining that State's criminal records;154
166-5. Comply with the Rules of the Commission;155
167-6. Require an applicant to obtain or retain a license in the Home State and meet the Home156
168-State's qualifications for licensure or renewal of licensure, as well as all other applicable157
169-Home State laws;158
170-7. Authorize a Licensee holding a Multistate License in any Member State to practice in159
171-accordance with the terms of the Compact and Rules of the Commission; and160
172-8. Designate a delegate to participate in the Commission meetings.161
173-C. A Member State meeting the requirements of Section 3.A. and 3.B of this Compact shall162
174-designate the categories of Social Work licensure that are eligible for issuance of a163
175-Multistate License for applicants in such Member State. To the extent that any Member164
176-State does not meet the requirements for participation in the Compact at any particular165
177-category of Social Work licensure, such Member State may choose, but is not obligated to,166
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179-issue a Multistate License to applicants that otherwise meet the requirements of Section 4167
180-for issuance of a Multistate License in such category or categories of licensure.168
181-D. The Home State may charge a fee for granting the Multistate License.169
182-SECTION 4: SOCIAL WORKER PARTICIPATION IN THE COMPACT170
183-A. To be eligible for a Multistate License under the terms and provisions of the Compact,171
184-an applicant, regardless of category must:172
185-1. Hold or be eligible for an active, Unencumbered License in the Home State;173
186-2. Pay any applicable fees, including any State fee, for the Multistate License;174
187-3. Submit, in connection with an application for a Multistate License, fingerprints or other175
188-biometric data for the purpose of obtaining criminal history record information from the176
189-Federal Bureau of Investigation and the agency responsible for retaining that State's177
190-criminal records;178
191-4. Notify the Home State of any Adverse Action, Encumbrance, or restriction on any179
192-professional license taken by any Member State or non-Member State within 30 days180
193-from the date the action is taken;181
194-5. Meet any continuing competence requirements established by the Home State;182
195-6. Abide by the laws, regulations, and applicable standards in the Member State where183
196-the client is located at the time care is rendered.184
197-B. An applicant for a clinical-category Multistate License must meet all of the following185
198-requirements:186
199-1. Fulfill a competency requirement, which shall be satisfied by either:187
200-a. Passage of a clinical-category Qualifying National Exam; or188
201-b. Licensure of the applicant in their Home State at the clinical category, beginning189
202-prior to such time as a Qualifying National Exam was required by the Home State and190
203-accompanied by a period of continuous Social Work licensure thereafter, all of which191
204-may be further governed by the Rules of the Commission; or192
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206-c. The substantial equivalency of the foregoing competency requirements which the193
207-Commission may determine by Rule.194
208-2. Attain at least a master's degree in Social Work from a program that is:195
209-a. Operated by a college or university recognized by the Licensing Authority; and196
210-b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting197
211-agency recognized by either:198
212-i. the Council for Higher Education Accreditation or its successor; or199
213-ii. the United States Department of Education.200
214-3. Fulfill a practice requirement, which shall be satisfied by demonstrating completion201
215-of either:202
216-a. A period of postgraduate supervised clinical practice equal to a minimum of three203
217-thousand hours; or204
218-b. A minimum of two years of full-time postgraduate supervised clinical practice; or205
219-c. The substantial equivalency of the foregoing practice requirements which the206
220-Commission may determine by Rule.207
221-C. An applicant for a master's-category Multistate License must meet all of the following208
222-requirements:209
223-1. Fulfill a competency requirement, which shall be satisfied by either:210
224-a. Passage of a masters-category Qualifying National Exam;211
225-b. Licensure of the applicant in their Home State at the master's category, beginning212
226-prior to such time as a Qualifying National Exam was required by the Home State at the213
227-master's category and accompanied by a continuous period of Social Work licensure214
228-thereafter, all of which may be further governed by the Rules of the Commission; or215
229-c. The substantial equivalency of the foregoing competency requirements which the216
230-Commission may determine by Rule.217
231-2. Attain at least a master's degree in Social Work from a program that is:218
232-a. Operated by a college or university recognized by the Licensing Authority; and219
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234-b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting220
235-agency recognized by either:221
236-i. the Council for Higher Education Accreditation or its successor; or222
237-ii. the United States Department of Education.223
238-D. An applicant for a bachelor's-category Multistate License must meet all of the following224
239-requirements:225
240-1. Fulfill a competency requirement, which shall be satisfied by either:226
241-a. Passage of a bachelor's-category Qualifying National Exam;227
242-b. Licensure of the applicant in their Home State at the bachelor's category, beginning228
243-prior to such time as a Qualifying National Exam was required by the Home State and229
244-accompanied by a period of continuous Social Work licensure thereafter, all of which230
245-may be further governed by the Rules of the Commission; or231
246-c. The substantial equivalency of the foregoing competency requirements which the232
247-Commission may determine by Rule.233
248-2. Attain at least a bachelor's degree in Social Work from a program that is:234
249-a. Operated by a college or university recognized by the Licensing Authority; and235
250-b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting236
251-agency recognized by either:237
252-i. the Council for Higher Education Accreditation or its successor; or238
253-ii. the United States Department of Education.239
254-E. The Multistate License for a Regulated Social Worker is subject to the renewal240
255-requirements of the Home State. The Regulated Social Worker must maintain compliance241
256-with the requirements of Section 4(A).242
257-F. The Regulated Social Worker's services in a Remote State are subject to that Member243
258-State's regulatory authority. A Remote State may, in accordance with due process and that244
259-Member State's laws, remove a Regulated Social Worker's Multistate Authorization to245
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261-Practice in the Remote State for a specific period of time, impose fines, and take any other246
262-necessary actions to protect the health and safety of its citizens.247
263-G. If a Multistate License is encumbered, the Regulated Social Worker's Multistate248
264-Authorization to Practice shall be deactivated in all Remote States until the Multistate249
265-License is no longer encumbered.250
266-H. If a Multistate Authorization to Practice is encumbered in a Remote State, the regulated251
267-Social Worker's Multistate Authorization to Practice may be deactivated in that State until252
268-the Multistate Authorization to Practice is no longer encumbered.253
269-SECTION 5: ISSUANCE OF A MULTISTATE LICENSE254
270-A. Upon receipt of an application for Multistate License, the Home State Licensing255
271-Authority shall determine the applicant's eligibility for a Multistate License in accordance256
272-with Section 4 of this Compact.257
273-B. If such applicant is eligible pursuant to Section 4 of this Compact, the Home State258
274-Licensing Authority shall issue a Multistate License that authorizes the applicant or259
275-Regulated Social Worker to practice in all Member States under a Multistate Authorization260
276-to Practice.261
277-C. Upon issuance of a Multistate License, the Home State Licensing Authority shall262
278-designate whether the Regulated Social Worker holds a Multistate License in the263
279-Bachelors, Masters, or Clinical category of Social Work.264
280-D. A Multistate License issued by a Home State to a resident in that State shall be265
281-recognized by all Compact Member States as authorizing Social Work Practice under a266
282-Multistate Authorization to Practice corresponding to each category of licensure regulated267
283-in the Member State.268
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285-SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND269
286-MEMBER STATE LICENSING AUTHORITIES270
287-A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,271
288-restrict, or in any way reduce the ability of a Member State to enact and enforce laws,272
289-regulations, or other rules related to the practice of Social Work in that State, where those273
290-laws, regulations, or other rules are not inconsistent with the provisions of this Compact.274
291-B. Nothing in this Compact shall affect the requirements established by a Member State275
292-for the issuance of a Single State License.276
293-C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,277
294-restrict, or in any way reduce the ability of a Member State to take Adverse Action against278
295-a Licensee's Single State License to practice Social Work in that State.279
296-D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,280
297-restrict, or in any way reduce the ability of a Remote State to take Adverse Action against281
298-a Licensee's Authorization to Practice in that State.282
299-E. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,283
300-restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action284
301-against a Licensee's Multistate License based upon information provided by a Remote285
302-State.286
303-SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STA TE 287
304-A. A Licensee may hold a Multistate License, issued by their Home State, in only one288
305-Member State at any given time.289
306-B. If a Licensee changes their Home State by moving between two Member States:290
307-1. The Licensee shall immediately apply for the reissuance of their Multistate License in291
308-their new Home State. The Licensee shall pay all applicable fees and notify the prior292
309-Home State in accordance with the Rules of the Commission.293
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311-2. Upon receipt of an application to reissue a Multistate License, the new Home State294
312-shall verify that the Multistate License is active, unencumbered and eligible for295
313-reissuance under the terms of the Compact and the Rules of the Commission. The296
314-Multistate License issued by the prior Home State will be deactivated and all Member297
315-States notified in accordance with the applicable Rules adopted by the Commission.298
316-3. Prior to the reissuance of the Multistate License, the new Home State shall conduct299
317-procedures for considering the criminal history records of the Licensee. Such procedures300
318-shall include the submission of fingerprints or other biometric-based information by301
319-applicants for the purpose of obtaining an applicant's criminal history record information302
320-from the Federal Bureau of Investigation and the agency responsible for retaining that303
321-State's criminal records.304
322-4. If required for initial licensure, the new Home State may require completion of305
323-jurisprudence requirements in the new Home State.306
324-5. Notwithstanding any other provision of this Compact, if a Licensee does not meet the307
325-requirements set forth in this Compact for the reissuance of a Multistate License by the308
326-new Home State, then the Licensee shall be subject to the new Home State requirements309
327-for the issuance of a Single State License in that State.310
328-C. If a Licensee changes their primary State of residence by moving from a Member State311
329-to a non-Member State, or from a non-Member State to a Member State, then the Licensee312
330-shall be subject to the State requirements for the issuance of a Single State License in the313
331-new Home State.314
332-D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State315
333-License in multiple States; however, for the purposes of this Compact, a Licensee shall316
334-have only one Home State, and only one Multistate License.317
335-E. Nothing in this Compact shall interfere with the requirements established by a Member318
336-State for the issuance of a Single State License.319
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338-SECTION 8: MILITARY FAMILIES 320
339-An Active Military Member or their spouse shall designate a Home State where the321
340-individual has a Multistate License. The individual may retain their Home State designation322
341-during the period the service member is on active duty.323
342-SECTION 9: ADVERSE ACTIONS324
343-A. In addition to the other powers conferred by State law, a Remote State shall have the325
344-authority, in accordance with existing State due process law, to:326
345-1. Take Adverse Action against a Regulated Social Worker's Multistate Authorization to327
346-Practice only within that Member State, and issue subpoenas for both hearings and328
347-investigations that require the attendance and testimony of witnesses as well as the329
348-production of evidence. Subpoenas issued by a Licensing Authority in a Member State330
349-for the attendance and testimony of witnesses or the production of evidence from another331
350-Member State shall be enforced in the latter State by any court of competent jurisdiction,332
351-according to the practice and procedure of that court applicable to subpoenas issued in333
352-proceedings pending before it. The issuing authority shall pay any witness fees, travel334
353-expenses, mileage, and other fees required by the service statutes of the State in which335
354-the witnesses or evidence are located.336
355-2. Only the Home State shall have the power to take Adverse Action against a Regulated337
356-Social Worker's Multistate License.338
357-B. For purposes of taking Adverse Action, the Home State shall give the same priority and339
358-effect to reported conduct received from a Member State as it would if the conduct had340
359-occurred within the Home State. In so doing, the Home State shall apply its own State laws341
360-to determine appropriate action.342
361-C. The Home State shall complete any pending investigations of a Regulated Social343
362-Worker who changes their Home State during the course of the investigations. The Home344
363-State shall also have the authority to take appropriate action(s) and shall promptly report345
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365-the conclusions of the investigations to the administrator of the Data System. The346
366-administrator of the Data System shall promptly notify the new Home State of any Adverse347
367-Actions.348
368-D. A Member State, if otherwise permitted by State law, may recover from the affected349
369-Regulated Social Worker the costs of investigations and dispositions of cases resulting350
370-from any Adverse Action taken against that Regulated Social Worker.351
371-E. A Member State may take Adverse Action based on the factual findings of another352
372-Member State, provided that the Member State follows its own procedures for taking the353
373-Adverse Action.354
374-F. Joint Investigations:355
375-1. In addition to the authority granted to a Member State by its respective Social Work356
376-practice act or other applicable State law, any Member State may participate with other357
377-Member States in joint investigations of Licensees.358
378-2. Member States shall share any investigative, litigation, or compliance materials in359
379-furtherance of any joint or individual investigation initiated under the Compact.360
380-G. If Adverse Action is taken by the Home State against the Multistate License of a361
381-Regulated Social Worker, the Regulated Social Worker's Multistate Authorization to362
382-Practice in all other Member States shall be deactivated until all Encumbrances have been363
383-removed from the Multistate License. All Home State disciplinary orders that impose364
384-Adverse Action against the license of a Regulated Social Worker shall include a statement365
385-that the Regulated Social Worker's Multistate Authorization to Practice is deactivated in366
386-all Member States until all conditions of the decision, order or agreement are satisfied.367
387-H. If a Member State takes Adverse Action, it shall promptly notify the administrator of368
388-the Data System. The administrator of the Data System shall promptly notify the Home369
389-State and all other Member State's of any Adverse Actions by Remote States.370
390-I. Nothing in this Compact shall override a Member State's decision that participation in371
391-an Alternative Program may be used in lieu of Adverse Action. Nothing in this Compact372
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393-shall authorize a Member State to demand the issuance of subpoenas for attendance and373
394-testimony of witnesses or the production of evidence from another Member State for lawful374
395-actions within that Member State.375
396-J. Nothing in this Compact shall authorize a Member State to impose discipline against a376
397-Regulated Social Worker who holds a Multistate Authorization to Practice for lawful377
398-actions within another Member State.378
399-SECTION 10: ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT379
400-COMMISSION380
401-A. The Compact Member States hereby create and establish a joint government agency381
402-whose membership consists of all Member States that have enacted the compact known as382
403-the Social Work Licensure Compact Commission. The Commission is an instrumentality383
404-of the Compact States acting jointly and not an instrumentality of any one State. The384
405-Commission shall come into existence on or after the effective date of the Compact as set385
406-forth in Section 14.386
407-B. Membership, Voting, and Meetings387
408-1. Each Member State shall have and be limited to one (1) delegate selected by that388
409-Member State's State Licensing Authority.389
410-2. The delegate shall be either:390
411-a. A current member of the State Licensing Authority at the time of appointment, who391
412-is a Regulated Social Worker or public member of the State Licensing Authority; or392
413-b. An administrator of the State Licensing Authority or their designee.393
414-3. The Commission shall by Rule or bylaw establish a term of office for delegates and394
415-may by Rule or bylaw establish term limits.395
416-4. The Commission may recommend removal or suspension of any delegate from office.396
417-5. A Member State's State Licensing Authority shall fill any vacancy of its delegate397
418-occurring on the Commission within 60 days of the vacancy.398
419-- 16 - 24 LC 36 5873S
420-6. Each delegate shall be entitled to one vote on all matters before the Commission399
421-requiring a vote by Commission delegates.400
422-7. A delegate shall vote in person or by such other means as provided in the bylaws. The401
423-bylaws may provide for delegates to meet by telecommunication, videoconference, or402
424-other means of communication.403
425-8. The Commission shall meet at least once during each calendar year. Additional404
426-meetings may be held as set forth in the bylaws. The Commission may meet by405
427-telecommunication, video conference or other similar electronic means.406
428-C. The Commission shall have the following powers:407
429-1. Establish the fiscal year of the Commission;408
430-2. Establish code of conduct and conflict of interest policies;409
431-3. Establish and amend Rules and bylaws;410
432-4. Maintain its financial records in accordance with the bylaws;411
433-5. Meet and take such actions as are consistent with the provisions of this Compact, the412
434-Commission's Rules, and the bylaws;413
435-6. Initiate and conclude legal proceedings or actions in the name of the Commission,414
436-provided that the standing of any State Licensing Board to sue or be sued under415
437-applicable law shall not be affected;416
438-7. Maintain and certify records and information provided to a Member State as the417
439-authenticated business records of the Commission, and designate an agent to do so on the418
440-Commission's behalf;419
441-8. Purchase and maintain insurance and bonds;420
442-9. Borrow, accept, or contract for services of personnel, including, but not limited to,421
443-employees of a Member State;422
444-10. Conduct an annual financial review;423
445-11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such424
446-individuals appropriate authority to carry out the purposes of the Compact, and establish425
447-- 17 - 24 LC 36 5873S
448-the Commission's personnel policies and programs relating to conflicts of interest,426
449-qualifications of personnel, and other related personnel matters;427
450-12. Assess and collect fees;428
451-13. Accept any and all appropriate gifts, donations, grants of money, other sources of429
452-revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose430
453-of the same; provided that at all times the Commission shall avoid any appearance of431
454-impropriety or conflict of interest;432
455-14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or433
456-mixed, or any undivided interest therein;434
457-15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any435
458-property real, personal, or mixed;436
459-16. Establish a budget and make expenditures;437
460-17. Borrow money;438
461-18. Appoint committees, including standing committees, composed of members, State439
462-regulators, State legislators or their representatives, and consumer representatives, and440
463-such other interested persons as may be designated in this Compact and the bylaws;441
464-19. Provide and receive information from, and cooperate with, law enforcement agencies;442
465-20. Establish and elect an Executive Committee, including a chair and a vice chair;443
466-21. Determine whether a State's adopted language is materially different from the model444
467-compact language such that the State would not qualify for participation in the Compact;445
468-and446
469-22. Perform such other functions as may be necessary or appropriate to achieve the447
470-purposes of this Compact.448
471-D. The Executive Committee449
472-1. The Executive Committee shall have the power to act on behalf of the Commission450
473-according to the terms of this Compact. The powers, duties, and responsibilities of the451
474-Executive Committee shall include:452
475-- 18 - 24 LC 36 5873S
476-a. Oversee the day-to-day activities of the administration of the compact including453
477-enforcement and compliance with the provisions of the compact, its Rules and bylaws,454
478-and other such duties as deemed necessary;455
479-b. Recommend to the Commission changes to the Rules or bylaws, changes to this456
480-Compact legislation, fees charged to Compact Member States, fees charged to457
481-Licensees, and other fees;458
482-c. Ensure Compact administration services are appropriately provided, including by459
483-contract; 460
484-d. Prepare and recommend the budget;461
485-e. Maintain financial records on behalf of the Commission;462
486-f. Monitor Compact compliance of Member States and provide compliance reports to463
487-the Commission;464
488-g. Establish additional committees as necessary;465
489-h. Exercise the powers and duties of the Commission during the interim between466
490-Commission meetings, except for adopting or amending Rules, adopting or amending467
491-bylaws, and exercising any other powers and duties expressly reserved to the468
492-Commission by Rule or bylaw; and469
493-i. Other duties as provided in the Rules or bylaws of the Commission.470
494-2. The Executive Committee shall be composed of up to eleven (11) members:471
495-a. The chair and vice chair of the Commission shall be voting members of the472
496-Executive Committee.473
497-b. The Commission shall elect five voting members from the current membership of the474
498-Commission.475
499-c. Up to four (4) ex-officio, nonvoting members from four (4) recognized national476
500-Social Work organizations.477
501-d. The ex-officio members will be selected by their respective organizations.478
502-- 19 - 24 LC 36 5873S
503-3. The Commission may remove any member of the Executive Committee as provided479
504-in the Commission's bylaws.480
505-4. The Executive Committee shall meet at least annually.481
506-a. Executive Committee meetings shall be open to the public, except that the Executive482
507-Committee may meet in a closed, non-public meeting as provided in subsection F.2483
508-below.484
509-b. The Executive Committee shall give seven (7) days' notice of its meetings, posted485
510-on its website and as determined to provide notice to persons with an interest in the486
511-business of the Commission.487
512-c. The Executive Committee may hold a special meeting in accordance with subsection488
513-F.1.b. below.489
514-E. The Commission shall adopt and provide to the Member States an annual report.490
515-F. Meetings of the Commission491
516-1. All meetings shall be open to the public, except that the Commission may meet in a492
517-closed, non-public meeting as provided in subsection F.2 below.493
518-a. Public notice for all meetings of the full Commission of meetings shall be given in494
519-the same manner as required under the Rulemaking provisions in Section 12, except495
520-that the Commission may hold a special meeting as provided in subsection F.1.b below.496
521-b. The Commission may hold a special meeting when it must meet to conduct497
522-emergency business by giving 48 hours' notice to all commissioners, on the498
523-Commission's website, and other means as provided in the Commission's Rules. The499
524-Commission's legal counsel shall certify that the Commission's need to meet qualifies500
525-as an emergency.501
526-2. The Commission or the Executive Committee or other committees of the Commission502
527-may convene in a closed, non-public meeting for the Commission or Executive503
528-Committee or other committees of the Commission to receive legal advice or to discuss:504
529-a. Non-compliance of a Member State with its obligations under the Compact;505
530-- 20 - 24 LC 36 5873S
531-b. The employment, compensation, discipline or other matters, practices or procedures506
532-related to specific employees;507
533-c. Current or threatened discipline of a Licensee by the Commission or by a Member508
534-State's Licensing Authority;509
535-d. Current, threatened, or reasonably anticipated litigation;510
536-e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real511
537-estate; 512
538-f. Accusing any person of a crime or formally censuring any person;513
539-g. Trade secrets or commercial or financial information that is privileged or514
540-confidential;515
541-h. Information of a personal nature where disclosure would constitute a clearly516
542-unwarranted invasion of personal privacy;517
543-i. Investigative records compiled for law enforcement purposes;518
544-j. Information related to any investigative reports prepared by or on behalf of or for use519
545-of the Commission or other committee charged with responsibility of investigation or520
546-determination of compliance issues pursuant to the Compact;521
547-k. Matters specifically exempted from disclosure by federal or Member State law; or522
548-l. Other matters as promulgated by the Commission by Rule.523
549-3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the524
550-meeting will be closed and reference each relevant exempting provision, and such525
551-reference shall be recorded in the minutes.526
552-4. The Commission shall keep minutes that fully and clearly describe all matters527
553-discussed in a meeting and shall provide a full and accurate summary of actions taken,528
554-and the reasons therefore, including a description of the views expressed. All documents529
555-considered in connection with an action shall be identified in such minutes. All minutes530
556-and documents of a closed meeting shall remain under seal, subject to release only by a531
557-majority vote of the Commission or order of a court of competent jurisdiction.532
558-- 21 - 24 LC 36 5873S
559-G. Financing of the Commission533
560-1. The Commission shall pay, or provide for the payment of, the reasonable expenses of534
561-its establishment, organization, and ongoing activities.535
562-2. The Commission may accept any and all appropriate revenue sources as provided in536
563-subsection C(13).537
564-3. The Commission may levy on and collect an annual assessment from each Member538
565-State and impose fees on Licensees of Member States to whom it grants a Multistate539
566-License to cover the cost of the operations and activities of the Commission and its staff,540
567-which must be in a total amount sufficient to cover its annual budget as approved each541
568-year for which revenue is not provided by other sources. The aggregate annual542
569-assessment amount for Member States shall be allocated based upon a formula that the543
570-Commission shall promulgate by Rule.544
571-4. The Commission shall not incur obligations of any kind prior to securing the funds545
572-adequate to meet the same; nor shall the Commission pledge the credit of any of the546
573-Member States, except by and with the authority of the Member State.547
574-5. The Commission shall keep accurate accounts of all receipts and disbursements. The548
575-receipts and disbursements of the Commission shall be subject to the financial review and549
576-accounting procedures established under its bylaws. However, all receipts and550
577-disbursements of funds handled by the Commission shall be subject to an annual financial551
578-review by a certified or licensed public accountant, and the report of the financial review552
579-shall be included in and become part of the annual report of the Commission.553
580-H. Qualified Immunity, Defense, and Indemnification554
581-1. The members, officers, executive director, employees and representatives of the555
582-Commission shall be immune from suit and liability, both personally and in their official556
583-capacity, for any claim for damage to or loss of property or personal injury or other civil557
584-liability caused by or arising out of any actual or alleged act, error, or omission that558
585-occurred, or that the person against whom the claim is made had a reasonable basis for559
586-- 22 - 24 LC 36 5873S
587-believing occurred within the scope of Commission employment, duties or560
588-responsibilities; provided that nothing in this paragraph shall be construed to protect any561
589-such person from suit or liability for any damage, loss, injury, or liability caused by the562
590-intentional or willful or wanton misconduct of that person. The procurement of insurance563
591-of any type by the Commission shall not in any way compromise or limit the immunity564
592-granted hereunder.565
593-2. The Commission shall defend any member, officer, executive director, employee, and566
594-representative of the Commission in any civil action seeking to impose liability arising567
595-out of any actual or alleged act, error, or omission that occurred within the scope of568
596-Commission employment, duties, or responsibilities, or as determined by the Commission569
597-that the person against whom the claim is made had a reasonable basis for believing570
598-occurred within the scope of Commission employment, duties, or responsibilities;571
599-provided that nothing herein shall be construed to prohibit that person from retaining their572
600-own counsel at their own expense; and provided further, that the actual or alleged act,573
601-error, or omission did not result from that person's intentional or willful or wanton574
602-misconduct.575
603-3. The Commission shall indemnify and hold harmless any member, officer, executive576
604-director, employee, and representative of the Commission for the amount of any577
605-settlement or judgment obtained against that person arising out of any actual or alleged578
606-act, error, or omission that occurred within the scope of Commission employment, duties,579
607-or responsibilities, or that such person had a reasonable basis for believing occurred580
608-within the scope of Commission employment, duties, or responsibilities, provided that581
609-the actual or alleged act, error, or omission did not result from the intentional or willful582
610-or wanton misconduct of that person.583
611-4. Nothing herein shall be construed as a limitation on the liability of any Licensee for584
612-professional malpractice or misconduct, which shall be governed solely by any other585
613-applicable State laws.586
614-- 23 - 24 LC 36 5873S
615-5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member587
616-State's state action immunity or state action affirmative defense with respect to antitrust588
617-claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or589
618-anticompetitive law or regulation.590
619-6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by591
620-the Member States or by the Commission.592
621-SECTION 11: DATA SYSTEM593
622-A. The Commission shall provide for the development, maintenance, operation, and594
623-utilization of a coordinated database and reporting system containing licensure, Adverse595
624-Action, and the presence of Current Significant Investigative Information on all licensed596
625-individuals in Member States.597
626-B. The Commission shall assign each applicant for a Multistate License a unique identifier,598
627-as determined by the Rules of the Commission.599
628-C. Notwithstanding any other provision of State law to the contrary, a Member State shall600
629-submit a uniform data set to the Data System on all individuals to whom this Compact is601
630-applicable as required by the Rules of the Commission, including:602
631-1. Identifying information;603
632-2. Licensure data;604
633-3. Adverse Actions against a license and information related thereto;605
634-4. Non-confidential information related to Alternative Program participation, the606
635-beginning and ending dates of such participation, and other information related to such607
636-participation not made confidential under Member State law;608
637-5. Any denial of application for licensure, and the reason(s) for such denial;609
638-6. The presence of Current Significant Investigative Information; and610
639-7. Other information that may facilitate the administration of this Compact or the611
640-protection of the public, as determined by the Rules of the Commission.612
641-- 24 - 24 LC 36 5873S
642-D. The records and information provided to a Member State pursuant to this Compact or613
643-through the Data System, when certified by the Commission or an agent thereof, shall614
644-constitute the authenticated business records of the Commission, and shall be entitled to615
645-any associated hearsay exception in any relevant judicial, quasi-judicial or administrative616
646-proceedings in a Member State.617
647-E. Current Significant Investigative Information pertaining to a Licensee in any Member618
648-State will only be available to other Member States.619
649-1. It is the responsibility of the Member States to report any Adverse Action against a620
650-Licensee and to monitor the database to determine whether Adverse Action has been621
651-taken against a Licensee. Adverse Action information pertaining to a Licensee in any622
652-Member State will be available to any other Member State.623
653-F. Member States contributing information to the Data System may designate information624
654-that may not be shared with the public without the express permission of the contributing625
655-State.626
656-G. Any information submitted to the Data System that is subsequently expunged pursuant627
657-to federal law or the laws of the Member State contributing the information shall be628
658-removed from the Data System.629
659-SECTION 12: RULEMAKING630
660-A. The Commission shall promulgate reasonable Rules in order to effectively and631
661-efficiently implement and administer the purposes and provisions of the Compact. A Rule632
662-shall be invalid and have no force or effect only if a court of competent jurisdiction holds633
663-that the Rule is invalid because the Commission exercised its rulemaking authority in a634
664-manner that is beyond the scope and purposes of the Compact, or the powers granted635
665-hereunder, or based upon another applicable standard of review.636
666-B. The Rules of the Commission shall have the force of law in each Member State,637
667-provided however that where the Rules of the Commission conflict with the laws of the638
668-- 25 - 24 LC 36 5873S
669-Member State that establish the Member State's laws, regulations, and applicable standards639
670-as held by a court of competent jurisdiction, the Rules of the Commission shall be640
671-ineffective in that State to the extent of the conflict.641
672-C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth642
673-in this Section and the Rules adopted thereunder. Rules shall become binding on the day643
674-following adoption or the date specified in the rule or amendment, whichever is later.644
675-D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,645
676-by enactment of a statute or resolution in the same manner used to adopt the Compact646
677-within four (4) years of the date of adoption of the Rule, then such Rule shall have no647
678-further force and effect in any Member State.648
679-E. Rules shall be adopted at a regular or special meeting of the Commission.649
680-F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and650
681-allow persons to provide oral and written comments, data, facts, opinions, and arguments. 651
682-G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days652
683-in advance of the meeting at which the Commission will hold a public hearing on the653
684-proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:654
685-1. On the website of the Commission or other publicly accessible platform;655
686-2. To persons who have requested notice of the Commission's notices of proposed656
687-rulemaking, and657
688-3. In such other way(s) as the Commission may by Rule specify.658
689-H. The Notice of Proposed Rulemaking shall include:659
690-1. The time, date, and location of the public hearing at which the Commission will hear660
691-public comments on the proposed Rule and, if different, the time, date, and location of661
692-the meeting where the Commission will consider and vote on the proposed Rule;662
693-2. If the hearing is held via telecommunication, video conference, or other electronic663
694-means, the Commission shall include the mechanism for access to the hearing in the664
695-Notice of Proposed Rulemaking;665
696-- 26 - 24 LC 36 5873S
697-3. The text of the proposed Rule and the reason therefor;666
698-4. A request for comments on the proposed Rule from any interested person; and667
699-5. The manner in which interested persons may submit written comments.668
700-I. All hearings will be recorded. A copy of the recording and all written comments and669
701-documents received by the Commission in response to the proposed Rule shall be available670
702-to the public.671
703-J. Nothing in this section shall be construed as requiring a separate hearing on each Rule.672
704-Rules may be grouped for the convenience of the Commission at hearings required by this673
705-section.674
706-K. The Commission shall, by majority vote of all members, take final action on the675
707-proposed Rule based on the Rulemaking record and the full text of the Rule.676
708-1. The Commission may adopt changes to the proposed Rule provided the changes do not677
709-enlarge the original purpose of the proposed Rule.678
710-2. The Commission shall provide an explanation of the reasons for substantive changes679
711-made to the proposed Rule as well as reasons for substantive changes not made that were680
712-recommended by commenters.681
713-3. The Commission shall determine a reasonable effective date for the Rule. Except for682
714-an emergency as provided in Section 12.L, the effective date of the rule shall be no683
715-sooner than 30 days after issuing the notice that it adopted or amended the Rule.684
716-L. Upon determination that an emergency exists, the Commission may consider and adopt685
717-an emergency Rule with 48 hours' notice, with opportunity to comment, provided that the686
718-usual Rulemaking procedures provided in the Compact and in this section shall be687
719-retroactively applied to the Rule as soon as reasonably possible, in no event later than688
720-ninety (90) days after the effective date of the Rule. For the purposes of this provision, an689
721-emergency Rule is one that must be adopted immediately in order to:690
722-1. Meet an imminent threat to public health, safety, or welfare;691
723-2. Prevent a loss of Commission or Member State funds;692
724-- 27 - 24 LC 36 5873S
725-3. Meet a deadline for the promulgation of a Rule that is established by federal law or693
726-rule; or694
727-4. Protect public health and safety.695
728-M. The Commission or an authorized committee of the Commission may direct revisions696
729-to a previously adopted Rule for purposes of correcting typographical errors, errors in697
730-format, errors in consistency, or grammatical errors. Public notice of any revisions shall be698
731-posted on the website of the Commission. The revision shall be subject to challenge by any699
732-person for a period of thirty (30) days after posting. The revision may be challenged only700
733-on grounds that the revision results in a material change to a Rule. A challenge shall be701
734-made in writing and delivered to the Commission prior to the end of the notice period. If702
735-no challenge is made, the revision will take effect without further action. If the revision is703
736-challenged, the revision may not take effect without the approval of the Commission.704
737-N. No Member State's rulemaking requirements shall apply under this compact.705
738-SECTION 13: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT706
739-A. Oversight707
740-1. The executive and judicial branches of State government in each Member State shall708
741-enforce this Compact and take all actions necessary and appropriate to implement the709
742-Compact.710
743-2. Except as otherwise provided in this Compact, venue is proper and judicial711
744-proceedings by or against the Commission shall be brought solely and exclusively in a712
745-court of competent jurisdiction where the principal office of the Commission is located.713
746-The Commission may waive venue and jurisdictional defenses to the extent it adopts or714
747-consents to participate in alternative dispute resolution proceedings. Nothing herein shall715
748-affect or limit the selection or propriety of venue in any action against a Licensee for716
749-professional malpractice, misconduct or any such similar matter.717
750-- 28 - 24 LC 36 5873S
751-3. The Commission shall be entitled to receive service of process in any proceeding718
752-regarding the enforcement or interpretation of the Compact and shall have standing to719
753-intervene in such a proceeding for all purposes. Failure to provide the Commission720
754-service of process shall render a judgment or order void as to the Commission, this721
755-Compact, or promulgated Rules.722
756-B. Default, Technical Assistance, and Termination723
757-1. If the Commission determines that a Member State has defaulted in the performance724
758-of its obligations or responsibilities under this Compact or the promulgated Rules, the725
759-Commission shall provide written notice to the defaulting State. The notice of default726
760-shall describe the default, the proposed means of curing the default, and any other action727
761-that the Commission may take, and shall offer training and specific technical assistance728
762-regarding the default.729
763-2. The Commission shall provide a copy of the notice of default to the other Member730
764-States.731
765-C. If a State in default fails to cure the default, the defaulting State may be terminated from732
766-the Compact upon an affirmative vote of a majority of the delegates of the Member States,733
767-and all rights, privileges and benefits conferred on that State by this Compact may be734
768-terminated on the effective date of termination. A cure of the default does not relieve the735
769-offending State of obligations or liabilities incurred during the period of default.736
770-D. Termination of membership in the Compact shall be imposed only after all other means737
771-of securing compliance have been exhausted. Notice of intent to suspend or terminate shall738
772-be given by the Commission to the governor, the majority and minority leaders of the739
773-defaulting State's legislature, the defaulting State's State Licensing Authority and each of740
774-the Member States' State Licensing Authority.741
775-E. A State that has been terminated is responsible for all assessments, obligations, and742
776-liabilities incurred through the effective date of termination, including obligations that743
777-extend beyond the effective date of termination.744
778-- 29 - 24 LC 36 5873S
779-F. Upon the termination of a State's membership from this Compact, that State shall745
780-immediately provide notice to all Licensees within that State of such termination. The746
781-terminated State shall continue to recognize all licenses granted pursuant to this Compact747
782-for a minimum of six (6) months after the date of said notice of termination.748
783-G. The Commission shall not bear any costs related to a State that is found to be in default749
784-or that has been terminated from the Compact, unless agreed upon in writing between the750
785-Commission and the defaulting State.751
786-H. The defaulting State may appeal the action of the Commission by petitioning the U.S.752
787-District Court for the District of Columbia or the federal district where the Commission has753
788-its principal offices. The prevailing party shall be awarded all costs of such litigation,754
789-including reasonable attorney's fees.755
790-I. Dispute Resolution756
791-1. Upon request by a Member State, the Commission shall attempt to resolve disputes757
792-related to the Compact that arise among Member States and between Member and758
793-non-Member States.759
794-2. The Commission shall promulgate a Rule providing for both mediation and binding760
795-dispute resolution for disputes as appropriate.761
796-J. Enforcement762
797-1. By majority vote as provided by Rule, the Commission may initiate legal action against763
798-a Member State in default in the United States District Court for the District of Columbia764
799-or the federal district where the Commission has its principal offices to enforce765
800-compliance with the provisions of the Compact and its promulgated Rules. The relief766
801-sought may include both injunctive relief and damages. In the event judicial enforcement767
802-is necessary, the prevailing party shall be awarded all costs of such litigation, including768
803-reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the769
804-Commission. The Commission may pursue any other remedies available under federal770
805-or the defaulting Member State's law.771
806-- 30 - 24 LC 36 5873S
807-2. A Member State may initiate legal action against the Commission in the U.S. District772
808-Court for the District of Columbia or the federal district where the Commission has its773
809-principal offices to enforce compliance with the provisions of the Compact and its774
810-promulgated Rules. The relief sought may include both injunctive relief and damages. In775
811-the event judicial enforcement is necessary, the prevailing party shall be awarded all costs776
812-of such litigation, including reasonable attorney's fees.777
813-3. No person other than a Member State shall enforce this compact against the778
814-Commission.779
815-SECTION 14: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT780
816-A. The Compact shall come into effect on the date on which the Compact statute is enacted781
817-into law in the seventh Member State.782
818-1. On or after the effective date of the Compact, the Commission shall convene and783
819-review the enactment of each of the first seven Member States ('Charter Member States')784
820-to determine if the statute enacted by each such Charter Member State is materially785
821-different than the model Compact statute.786
822-a. A Charter Member State whose enactment is found to be materially different from787
823-the model Compact statute shall be entitled to the default process set forth in788
824-Section 13.789
825-b. If any Member State is later found to be in default, or is terminated or withdraws790
826-from the Compact, the Commission shall remain in existence and the Compact shall791
827-remain in effect even if the number of Member States should be less than seven.792
828-2. Member States enacting the Compact subsequent to the seven initial Charter Member793
829-States shall be subject to the process set forth in Section 10(C)(21) to determine if their794
830-enactments are materially different from the model Compact statute and whether they795
831-qualify for participation in the Compact.796
832-- 31 - 24 LC 36 5873S
833-3. All actions taken for the benefit of the Commission or in furtherance of the purposes797
834-of the administration of the Compact prior to the effective date of the Compact or the798
835-Commission coming into existence shall be considered to be actions of the Commission799
836-unless specifically repudiated by the Commission.800
837-4. Any State that joins the Compact subsequent to the Commission's initial adoption of801
838-the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date802
839-on which the Compact becomes law in that State. Any Rule that has been previously803
840-adopted by the Commission shall have the full force and effect of law on the day the804
841-Compact becomes law in that State.805
842-B. Any Member State may withdraw from this Compact by enacting a statute repealing the806
843-same.807
844-1. A Member State's withdrawal shall not take effect until 180 days after enactment of808
845-the repealing statute.809
846-2. Withdrawal shall not affect the continuing requirement of the withdrawing State's810
847-Licensing Authority to comply with the investigative and Adverse Action reporting811
848-requirements of this Compact prior to the effective date of withdrawal.812
849-3. Upon the enactment of a statute withdrawing from this compact, a State shall813
850-immediately provide notice of such withdrawal to all Licensees within that State.814
851-Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing815
852-State shall continue to recognize all licenses granted pursuant to this compact for a816
853-minimum of six (6) months after the date of such notice of withdrawal.817
854-C. Nothing contained in this Compact shall be construed to invalidate or prevent any818
855-licensure agreement or other cooperative arrangement between a Member State and a819
856-non-Member State that does not conflict with the provisions of this Compact.820
857-D. This Compact may be amended by the Member States. No amendment to this Compact821
858-shall become effective and binding upon any Member State until it is enacted into the laws822
859-of all Member States.823
860-- 32 - 24 LC 36 5873S
861-SECTION 15: CONSTRUCTION AND SEVERABILITY824
862-A. This Compact and the Commission's rulemaking authority shall be liberally construed825
863-so as to effectuate the purposes, and the implementation and administration of the826
864-Compact. Provisions of the Compact expressly authorizing or requiring the promulgation827
865-of Rules shall not be construed to limit the Commission's rulemaking authority solely for828
866-those purposes.829
867-B. The provisions of this Compact shall be severable and if any phrase, clause, sentence830
868-or provision of this Compact is held by a court of competent jurisdiction to be contrary to831
869-the constitution of any Member State, a State seeking participation in the Compact, or of832
870-the United States, or the applicability thereof to any government, agency, person or833
871-circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity834
872-of the remainder of this Compact and the applicability thereof to any other government,835
873-agency, person or circumstance shall not be affected thereby.836
874-C. Notwithstanding subsection B of this section, the Commission may deny a State's837
875-participation in the Compact or, in accordance with the requirements of Section 13.B,838
876-terminate a Member State's participation in the Compact, if it determines that a839
877-constitutional requirement of a Member State is a material departure from the Compact.840
878-Otherwise, if this Compact shall be held to be contrary to the constitution of any Member841
879-State, the Compact shall remain in full force and effect as to the remaining Member States842
880-and in full force and effect as to the Member State affected as to all severable matters.843
881-SECTION 16: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAW S 844
882-A. A Licensee providing services in a Remote State under a Multistate Authorization to845
883-Practice shall adhere to the laws and regulations, including laws, regulations, and846
884-applicable standards, of the Remote State where the client is located at the time care is847
885-rendered.848
886-- 33 - 24 LC 36 5873S
887-B. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member849
888-State that is not inconsistent with the Compact.850
889-C. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict851
890-with the Compact are superseded to the extent of the conflict.852
891-D. All permissible agreements between the Commission and the Member States are binding853
892-in accordance with their terms.'"854
893-SECTION 2A.855
894-Said title is further amended by revising paragraph (6) of subsection (b) of Code Section856
895-43-24A-8, relating to licensure of massage therapists, application and requirements, as857
896-follows:858
897-"(6) The applicant has completed successfully a board recognized massage therapy859
898-educational program consisting of a minimum of 500 625 hours of course and clinical860
899-work;"861
900-SECTION 3.862
901-All laws and parts of laws in conflict with this Act are repealed.863
902-- 34 -
23+in this state; to provide for a short title; to change certain requirements relating to continuing6
24+education for massage therapists; to eliminate exceptions relating to certain practices,7
25+services, and activities; to require that licenses include a photograph of the licensee; to enter8
26+into an interstate compact known as the "Interstate Massage Compact"; to authorize the9
27+Georgia Board of Massage Therapy to administer the compact in this state; to provide10
28+definitions; to provide for conditions; to provide for eligibility; to conform certain11
29+cross-references; to provide for related matters; to repeal conflicting laws; and for other12
30+purposes.13
31+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
32+H. B. 839 (SUB)
33+- 1 - 24 LC 36 5789S
34+PART I
35+15
36+SECTION 1-1.16
37+Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,17
38+is amended in Code Section 43-10A-5, relating to powers and duties of board, quorum, and18
39+meetings, by revising subsection (h) as follows:19
40+"(h) The board shall administer the Professional Counselors Licensure Compact contained20
41+in Article 2 of this chapter and the Social Work Licensure Compact contained in Article 3
42+21
43+of this chapter."22
44+SECTION 1-2.23
45+Said title is further amended by adding a new article to read as follows:24
46+"ARTICLE 325
47+43-10A-60.26
48+This article shall be known and may be cited as the 'Social Work Licensure Compact Act.'27
49+43-10A-61.28
50+The Social Work Licensure Compact is enacted into law and entered into by the State of29
51+Georgia with any and all other states legally joining therein in the form substantially as30
52+follows:31
53+H. B. 839 (SUB)
54+- 2 - 24 LC 36 5789S
55+'SOCIAL WORK LICENSURE COMPACT ACT32
56+SECTION 1: PURPOSE33
57+The purpose of this Compact is to facilitate interstate practice of Regulated Social Workers34
58+by improving public access to competent Social Work Services. The Compact preserves the35
59+regulatory authority of States to protect public health and safety through the current system36
60+of State licensure. This Compact is designed to achieve the following objectives:37
61+A. Increase public access to Social Work Services;38
62+B. Reduce overly burdensome and duplicative requirements associated with holding39
63+multiple licenses;40
64+C. Enhance the Member States' ability to protect the public's health and safety;41
65+D. Encourage the cooperation of Member States in regulating multistate practice;42
66+E. Promote mobility and address workforce shortages by eliminating the necessity for43
67+licenses in multiple States by providing for the mutual recognition of other Member State44
68+licenses;45
69+F. Support military families;46
70+G. Facilitate the exchange of licensure and disciplinary information among Member States;47
71+H. Authorize all Member States to hold a Regulated Social Worker accountable for abiding48
72+by the Member State's laws, regulations, and applicable professional standards in the49
73+Member State in which the client is located at the time care is rendered; and50
74+I. Allow for the use of telehealth to facilitate increased access to regulated Social Work51
75+Services.52
76+SECTION 2: DEFINITIONS53
77+As used in this Compact, and except as otherwise provided, the following definitions shall54
78+apply:55
79+H. B. 839 (SUB)
80+- 3 - 24 LC 36 5789S
81+A. 'Active Military Member' means any individual in full-time duty status in the active56
82+armed forces of the United States including members of the National Guard and Reserve.57
83+B. 'Adverse Action' means any administrative, civil, equitable or criminal action permitted58
84+by a State's laws which is imposed by a Licensing Authority or other authority against a59
85+Regulated Social Worker, including actions against an individual's license or Multistate60
86+Authorization to Practice such as revocation, suspension, probation, monitoring of the61
87+Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure62
88+affecting a Regulated Social Worker's authorization to practice, including issuance of a63
89+cease and desist action.64
90+C. 'Alternative Program' means a non-disciplinary monitoring or practice remediation65
91+process approved by a Licensing Authority to address practitioners with an Impairment.66
92+D. 'Charter Member States' - Member States who have enacted legislation to adopt this67
93+Compact where such legislation predates the effective date of this Compact as defined in68
94+Section 14.69
95+E. 'Compact Commission' or 'Commission' means the government agency whose70
96+membership consists of all States that have enacted this Compact, which is known as the71
97+Social Work Licensure Compact Commission, as defined in Section 10, and which shall72
98+operate as an instrumentality of the Member States.73
99+F. 'Current Significant Investigative Information' means:74
100+1. Investigative information that a Licensing Authority, after a preliminary inquiry that75
101+includes notification and an opportunity for the Regulated Social Worker to respond has76
102+reason to believe is not groundless and, if proved true, would indicate more than a minor77
103+infraction as may be defined by the Commission; or78
104+2. Investigative information that indicates that the Regulated Social Worker represents79
105+an immediate threat to public health and safety, as may be defined by the Commission,80
106+regardless of whether the Regulated Social Worker has been notified and has had an81
107+opportunity to respond.82
108+H. B. 839 (SUB)
109+- 4 - 24 LC 36 5789S
110+G. 'Data System' means a repository of information about Licensees, including, but not83
111+limited to, continuing education, examination, licensure, Current Significant Investigative84
112+Information, Disqualifying Event, Multistate License(s) and Adverse Action information85
113+or other information as required by the Commission.86
114+H. 'Domicile' means the jurisdiction in which the Licensee resides and intends to remain87
115+indefinitely.88
116+I. 'Disqualifying Event' means any Adverse Action or incident which results in an89
117+Encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or90
118+renew a Multistate License.91
119+J. 'Encumbrance' means a revocation or suspension of, or any limitation on, the full and92
120+unrestricted practice of Social Work licensed and regulated by a Licensing Authority.93
121+K. 'Executive Committee' means a group of delegates elected or appointed to act on behalf94
122+of, and within the powers granted to them by, the compact and Commission.95
123+L. 'Home State' means the Member State that is the Licensee's primary Domicile.96
124+M. 'Impairment' means a condition(s) that may impair a practitioner's ability to engage in97
125+full and unrestricted practice as a Regulated Social Worker without some type of98
126+intervention and may include, but are not limited to, alcohol and drug dependence, mental99
127+health impairment, and neurological or physical impairments.100
128+N. 'Licensee(s)' means an individual who currently holds a license from a State to practice101
129+as a Regulated Social Worker.102
130+O. 'Licensing Authority' means the board or agency of a Member State, or equivalent, that103
131+is responsible for the licensing and regulation of Regulated Social Workers.104
132+P. 'Member State' means a state, commonwealth, district, or territory of the United States105
133+of America that has enacted this Compact.106
134+Q. 'Multistate Authorization to Practice' means a legally authorized privilege to practice,107
135+which is equivalent to a license, associated with a Multistate License permitting the108
136+practice of Social Work in a Remote State.109
137+H. B. 839 (SUB)
138+- 5 - 24 LC 36 5789S
139+R. 'Multistate License' means a license to practice as a Regulated Social Worker issued by110
140+a Home State Licensing Authority that authorizes the Regulated Social Worker to practice111
141+in all Member States under Multistate Authorization to Practice.112
142+S. 'Qualifying National Exam' means a national licensing examination approved by the113
143+Commission.114
144+T. 'Regulated Social Worker' means any clinical, master's or bachelor's Social Worker115
145+licensed by a Member State regardless of the title used by that Member State.116
146+U. 'Remote State' means a Member State other than the Licensee's Home State.117
147+V. 'Rule(s)' or 'Rule(s) of the Commission' means a regulation or regulations duly118
148+promulgated by the Commission, as authorized by the Compact, that has the force of law.119
149+W. 'Single State License' means a Social Work license issued by any State that authorizes120
150+practice only within the issuing State and does not include Multistate Authorization to121
151+Practice in any Member State.122
152+X. 'Social Work' or 'Social Work Services' means the application of social work theory,123
153+knowledge, methods, ethics, and the professional use of self to restore or enhance social,124
154+psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,125
155+organizations, and communities through the care and services provided by a Regulated126
156+Social Worker as set forth in the Member State's statutes and regulations in the State where127
157+the services are being provided.128
158+Y. 'State' means any state, commonwealth, district, or territory of the United States of129
159+America that regulates the practice of Social Work.130
160+Z. 'Unencumbered License' means a license that authorizes a Regulated Social Worker to131
161+engage in the full and unrestricted practice of Social Work.132
162+SECTION 3: STATE PARTICIPATION IN THE COMPACT133
163+A. To be eligible to participate in the compact, a potential Member State must currently134
164+meet all of the following criteria:135
165+H. B. 839 (SUB)
166+- 6 - 24 LC 36 5789S
167+1. License and regulate the practice of Social Work at either the clinical, master's, or136
168+bachelor's category.137
169+2. Require applicants for licensure to graduate from a program that is:138
170+a. Operated by a college or university recognized by the Licensing Authority;139
171+b. Accredited, or in candidacy by an institution that subsequently becomes accredited,140
172+by an accrediting agency recognized by either:141
173+i. the Council for Higher Education Accreditation, or its successor; or142
174+ii. the United States Department of Education; and143
175+c. Corresponds to the licensure sought as outlined in Section 4.144
176+3. Require applicants for clinical licensure to complete a period of supervised practice.145
177+4. Have a mechanism in place for receiving, investigating, and adjudicating complaints146
178+about Licensees.147
179+B. To maintain membership in the Compact a Member State shall:148
180+1. Require applicants for a Multistate License pass a Qualifying National Exam for the149
181+corresponding category of Multistate License sought as outlined in Section 4;150
182+2. Participate fully in the Commission's Data System, including using the Commission's151
183+unique identifier as defined in Rules;152
184+3. Notify the Commission, in compliance with the terms of the Compact and Rules, of153
185+any Adverse Action or the availability of Current Significant Investigative Information154
186+regarding a Licensee;155
187+4. Implement procedures for considering the criminal history records of applicants for a156
188+Multistate License. Such procedures shall include the submission of fingerprints or other157
189+biometric-based information by applicants for the purpose of obtaining an applicant's158
190+criminal history record information from the Federal Bureau of Investigation and the159
191+agency responsible for retaining that State's criminal records;160
192+5. Comply with the Rules of the Commission;161
193+H. B. 839 (SUB)
194+- 7 - 24 LC 36 5789S
195+6. Require an applicant to obtain or retain a license in the Home State and meet the Home162
196+State's qualifications for licensure or renewal of licensure, as well as all other applicable163
197+Home State laws;164
198+7. Authorize a Licensee holding a Multistate License in any Member State to practice in165
199+accordance with the terms of the Compact and Rules of the Commission; and166
200+8. Designate a delegate to participate in the Commission meetings.167
201+C. A Member State meeting the requirements of Section 3.A. and 3.B of this Compact shall168
202+designate the categories of Social Work licensure that are eligible for issuance of a169
203+Multistate License for applicants in such Member State. To the extent that any Member170
204+State does not meet the requirements for participation in the Compact at any particular171
205+category of Social Work licensure, such Member State may choose, but is not obligated to,172
206+issue a Multistate License to applicants that otherwise meet the requirements of Section 4173
207+for issuance of a Multistate License in such category or categories of licensure.174
208+D. The Home State may charge a fee for granting the Multistate License.175
209+SECTION 4: SOCIAL WORKER PARTICIPATION IN THE COMPACT176
210+A. To be eligible for a Multistate License under the terms and provisions of the Compact,177
211+an applicant, regardless of category must:178
212+1. Hold or be eligible for an active, Unencumbered License in the Home State;179
213+2. Pay any applicable fees, including any State fee, for the Multistate License;180
214+3. Submit, in connection with an application for a Multistate License, fingerprints or other181
215+biometric data for the purpose of obtaining criminal history record information from the182
216+Federal Bureau of Investigation and the agency responsible for retaining that State's183
217+criminal records;184
218+4. Notify the Home State of any Adverse Action, Encumbrance, or restriction on any185
219+professional license taken by any Member State or non-Member State within 30 days186
220+from the date the action is taken;187
221+H. B. 839 (SUB)
222+- 8 - 24 LC 36 5789S
223+5. Meet any continuing competence requirements established by the Home State;188
224+6. Abide by the laws, regulations, and applicable standards in the Member State where189
225+the client is located at the time care is rendered.190
226+B. An applicant for a clinical-category Multistate License must meet all of the following191
227+requirements:192
228+1. Fulfill a competency requirement, which shall be satisfied by either:193
229+a. Passage of a clinical-category Qualifying National Exam; or194
230+b. Licensure of the applicant in their Home State at the clinical category, beginning195
231+prior to such time as a Qualifying National Exam was required by the Home State and196
232+accompanied by a period of continuous Social Work licensure thereafter, all of which197
233+may be further governed by the Rules of the Commission; or198
234+c. The substantial equivalency of the foregoing competency requirements which the199
235+Commission may determine by Rule.200
236+2. Attain at least a master's degree in Social Work from a program that is:201
237+a. Operated by a college or university recognized by the Licensing Authority; and202
238+b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting203
239+agency recognized by either:204
240+i. the Council for Higher Education Accreditation or its successor; or205
241+ii. the United States Department of Education.206
242+3. Fulfill a practice requirement, which shall be satisfied by demonstrating completion207
243+of either:208
244+a. A period of postgraduate supervised clinical practice equal to a minimum of three209
245+thousand hours; or210
246+b. A minimum of two years of full-time postgraduate supervised clinical practice; or211
247+c. The substantial equivalency of the foregoing practice requirements which the212
248+Commission may determine by Rule.213
249+H. B. 839 (SUB)
250+- 9 - 24 LC 36 5789S
251+C. An applicant for a master's-category Multistate License must meet all of the following214
252+requirements:215
253+1. Fulfill a competency requirement, which shall be satisfied by either:216
254+a. Passage of a masters-category Qualifying National Exam;217
255+b. Licensure of the applicant in their Home State at the master's category, beginning218
256+prior to such time as a Qualifying National Exam was required by the Home State at the219
257+master's category and accompanied by a continuous period of Social Work licensure220
258+thereafter, all of which may be further governed by the Rules of the Commission; or221
259+c. The substantial equivalency of the foregoing competency requirements which the222
260+Commission may determine by Rule.223
261+2. Attain at least a master's degree in Social Work from a program that is:224
262+a. Operated by a college or university recognized by the Licensing Authority; and225
263+b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting226
264+agency recognized by either:227
265+i. the Council for Higher Education Accreditation or its successor; or228
266+ii. the United States Department of Education.229
267+D. An applicant for a bachelor's-category Multistate License must meet all of the following230
268+requirements:231
269+1. Fulfill a competency requirement, which shall be satisfied by either:232
270+a. Passage of a bachelor's-category Qualifying National Exam;233
271+b. Licensure of the applicant in their Home State at the bachelor's category, beginning234
272+prior to such time as a Qualifying National Exam was required by the Home State and235
273+accompanied by a period of continuous Social Work licensure thereafter, all of which236
274+may be further governed by the Rules of the Commission; or237
275+c. The substantial equivalency of the foregoing competency requirements which the238
276+Commission may determine by Rule.239
277+2. Attain at least a bachelor's degree in Social Work from a program that is:240
278+H. B. 839 (SUB)
279+- 10 - 24 LC 36 5789S
280+a. Operated by a college or university recognized by the Licensing Authority; and241
281+b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting242
282+agency recognized by either:243
283+i. the Council for Higher Education Accreditation or its successor; or244
284+ii. the United States Department of Education.245
285+E. The Multistate License for a Regulated Social Worker is subject to the renewal246
286+requirements of the Home State. The Regulated Social Worker must maintain compliance247
287+with the requirements of Section 4(A).248
288+F. The Regulated Social Worker's services in a Remote State are subject to that Member249
289+State's regulatory authority. A Remote State may, in accordance with due process and that250
290+Member State's laws, remove a Regulated Social Worker's Multistate Authorization to251
291+Practice in the Remote State for a specific period of time, impose fines, and take any other252
292+necessary actions to protect the health and safety of its citizens.253
293+G. If a Multistate License is encumbered, the Regulated Social Worker's Multistate254
294+Authorization to Practice shall be deactivated in all Remote States until the Multistate255
295+License is no longer encumbered.256
296+H. If a Multistate Authorization to Practice is encumbered in a Remote State, the regulated257
297+Social Worker's Multistate Authorization to Practice may be deactivated in that State until258
298+the Multistate Authorization to Practice is no longer encumbered.259
299+SECTION 5: ISSUANCE OF A MULTISTATE LICENSE260
300+A. Upon receipt of an application for Multistate License, the Home State Licensing261
301+Authority shall determine the applicant's eligibility for a Multistate License in accordance262
302+with Section 4 of this Compact.263
303+B. If such applicant is eligible pursuant to Section 4 of this Compact, the Home State264
304+Licensing Authority shall issue a Multistate License that authorizes the applicant or265
305+H. B. 839 (SUB)
306+- 11 - 24 LC 36 5789S
307+Regulated Social Worker to practice in all Member States under a Multistate Authorization266
308+to Practice.267
309+C. Upon issuance of a Multistate License, the Home State Licensing Authority shall268
310+designate whether the Regulated Social Worker holds a Multistate License in the269
311+Bachelors, Masters, or Clinical category of Social Work.270
312+D. A Multistate License issued by a Home State to a resident in that State shall be271
313+recognized by all Compact Member States as authorizing Social Work Practice under a272
314+Multistate Authorization to Practice corresponding to each category of licensure regulated273
315+in the Member State.274
316+SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND275
317+MEMBER STATE LICENSING AUTHORITIES276
318+A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,277
319+restrict, or in any way reduce the ability of a Member State to enact and enforce laws,278
320+regulations, or other rules related to the practice of Social Work in that State, where those279
321+laws, regulations, or other rules are not inconsistent with the provisions of this Compact.280
322+B. Nothing in this Compact shall affect the requirements established by a Member State281
323+for the issuance of a Single State License.282
324+C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,283
325+restrict, or in any way reduce the ability of a Member State to take Adverse Action against284
326+a Licensee's Single State License to practice Social Work in that State.285
327+D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,286
328+restrict, or in any way reduce the ability of a Remote State to take Adverse Action against287
329+a Licensee's Authorization to Practice in that State.288
330+E. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,289
331+restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action290
332+H. B. 839 (SUB)
333+- 12 - 24 LC 36 5789S
334+against a Licensee's Multistate License based upon information provided by a Remote291
335+State.292
336+SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STA TE 293
337+A. A Licensee may hold a Multistate License, issued by their Home State, in only one294
338+Member State at any given time.295
339+B. If a Licensee changes their Home State by moving between two Member States:296
340+1. The Licensee shall immediately apply for the reissuance of their Multistate License in297
341+their new Home State. The Licensee shall pay all applicable fees and notify the prior298
342+Home State in accordance with the Rules of the Commission.299
343+2. Upon receipt of an application to reissue a Multistate License, the new Home State300
344+shall verify that the Multistate License is active, unencumbered and eligible for301
345+reissuance under the terms of the Compact and the Rules of the Commission. The302
346+Multistate License issued by the prior Home State will be deactivated and all Member303
347+States notified in accordance with the applicable Rules adopted by the Commission.304
348+3. Prior to the reissuance of the Multistate License, the new Home State shall conduct305
349+procedures for considering the criminal history records of the Licensee. Such procedures306
350+shall include the submission of fingerprints or other biometric-based information by307
351+applicants for the purpose of obtaining an applicant's criminal history record information308
352+from the Federal Bureau of Investigation and the agency responsible for retaining that309
353+State's criminal records.310
354+4. If required for initial licensure, the new Home State may require completion of311
355+jurisprudence requirements in the new Home State.312
356+5. Notwithstanding any other provision of this Compact, if a Licensee does not meet the313
357+requirements set forth in this Compact for the reissuance of a Multistate License by the314
358+new Home State, then the Licensee shall be subject to the new Home State requirements315
359+for the issuance of a Single State License in that State.316
360+H. B. 839 (SUB)
361+- 13 - 24 LC 36 5789S
362+C. If a Licensee changes their primary State of residence by moving from a Member State317
363+to a non-Member State, or from a non-Member State to a Member State, then the Licensee318
364+shall be subject to the State requirements for the issuance of a Single State License in the319
365+new Home State.320
366+D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State321
367+License in multiple States; however, for the purposes of this Compact, a Licensee shall322
368+have only one Home State, and only one Multistate License.323
369+E. Nothing in this Compact shall interfere with the requirements established by a Member324
370+State for the issuance of a Single State License.325
371+SECTION 8: MILITARY FAMILIES 326
372+An Active Military Member or their spouse shall designate a Home State where the327
373+individual has a Multistate License. The individual may retain their Home State designation328
374+during the period the service member is on active duty.329
375+SECTION 9: ADVERSE ACTIONS330
376+A. In addition to the other powers conferred by State law, a Remote State shall have the331
377+authority, in accordance with existing State due process law, to:332
378+1. Take Adverse Action against a Regulated Social Worker's Multistate Authorization to333
379+Practice only within that Member State, and issue subpoenas for both hearings and334
380+investigations that require the attendance and testimony of witnesses as well as the335
381+production of evidence. Subpoenas issued by a Licensing Authority in a Member State336
382+for the attendance and testimony of witnesses or the production of evidence from another337
383+Member State shall be enforced in the latter State by any court of competent jurisdiction,338
384+according to the practice and procedure of that court applicable to subpoenas issued in339
385+proceedings pending before it. The issuing authority shall pay any witness fees, travel340
386+H. B. 839 (SUB)
387+- 14 - 24 LC 36 5789S
388+expenses, mileage, and other fees required by the service statutes of the State in which341
389+the witnesses or evidence are located.342
390+2. Only the Home State shall have the power to take Adverse Action against a Regulated343
391+Social Worker's Multistate License.344
392+B. For purposes of taking Adverse Action, the Home State shall give the same priority and345
393+effect to reported conduct received from a Member State as it would if the conduct had346
394+occurred within the Home State. In so doing, the Home State shall apply its own State laws347
395+to determine appropriate action.348
396+C. The Home State shall complete any pending investigations of a Regulated Social349
397+Worker who changes their Home State during the course of the investigations. The Home350
398+State shall also have the authority to take appropriate action(s) and shall promptly report351
399+the conclusions of the investigations to the administrator of the Data System. The352
400+administrator of the Data System shall promptly notify the new Home State of any Adverse353
401+Actions.354
402+D. A Member State, if otherwise permitted by State law, may recover from the affected355
403+Regulated Social Worker the costs of investigations and dispositions of cases resulting356
404+from any Adverse Action taken against that Regulated Social Worker.357
405+E. A Member State may take Adverse Action based on the factual findings of another358
406+Member State, provided that the Member State follows its own procedures for taking the359
407+Adverse Action.360
408+F. Joint Investigations:361
409+1. In addition to the authority granted to a Member State by its respective Social Work362
410+practice act or other applicable State law, any Member State may participate with other363
411+Member States in joint investigations of Licensees.364
412+2. Member States shall share any investigative, litigation, or compliance materials in365
413+furtherance of any joint or individual investigation initiated under the Compact.366
414+H. B. 839 (SUB)
415+- 15 - 24 LC 36 5789S
416+G. If Adverse Action is taken by the Home State against the Multistate License of a367
417+Regulated Social Worker, the Regulated Social Worker's Multistate Authorization to368
418+Practice in all other Member States shall be deactivated until all Encumbrances have been369
419+removed from the Multistate License. All Home State disciplinary orders that impose370
420+Adverse Action against the license of a Regulated Social Worker shall include a statement371
421+that the Regulated Social Worker's Multistate Authorization to Practice is deactivated in372
422+all Member States until all conditions of the decision, order or agreement are satisfied.373
423+H. If a Member State takes Adverse Action, it shall promptly notify the administrator of374
424+the Data System. The administrator of the Data System shall promptly notify the Home375
425+State and all other Member State's of any Adverse Actions by Remote States.376
426+I. Nothing in this Compact shall override a Member State's decision that participation in377
427+an Alternative Program may be used in lieu of Adverse Action. Nothing in this Compact378
428+shall authorize a Member State to demand the issuance of subpoenas for attendance and379
429+testimony of witnesses or the production of evidence from another Member State for lawful380
430+actions within that Member State.381
431+J. Nothing in this Compact shall authorize a Member State to impose discipline against a382
432+Regulated Social Worker who holds a Multistate Authorization to Practice for lawful383
433+actions within another Member State.384
434+SECTION 10: ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT385
435+COMMISSION386
436+A. The Compact Member States hereby create and establish a joint government agency387
437+whose membership consists of all Member States that have enacted the compact known as388
438+the Social Work Licensure Compact Commission. The Commission is an instrumentality389
439+of the Compact States acting jointly and not an instrumentality of any one State. The390
440+Commission shall come into existence on or after the effective date of the Compact as set391
441+forth in Section 14.392
442+H. B. 839 (SUB)
443+- 16 - 24 LC 36 5789S
444+B. Membership, Voting, and Meetings393
445+1. Each Member State shall have and be limited to one (1) delegate selected by that394
446+Member State's State Licensing Authority.395
447+2. The delegate shall be either:396
448+a. A current member of the State Licensing Authority at the time of appointment, who397
449+is a Regulated Social Worker or public member of the State Licensing Authority; or398
450+b. An administrator of the State Licensing Authority or their designee.399
451+3. The Commission shall by Rule or bylaw establish a term of office for delegates and400
452+may by Rule or bylaw establish term limits.401
453+4. The Commission may recommend removal or suspension of any delegate from office.402
454+5. A Member State's State Licensing Authority shall fill any vacancy of its delegate403
455+occurring on the Commission within 60 days of the vacancy.404
456+6. Each delegate shall be entitled to one vote on all matters before the Commission405
457+requiring a vote by Commission delegates.406
458+7. A delegate shall vote in person or by such other means as provided in the bylaws. The407
459+bylaws may provide for delegates to meet by telecommunication, videoconference, or408
460+other means of communication.409
461+8. The Commission shall meet at least once during each calendar year. Additional410
462+meetings may be held as set forth in the bylaws. The Commission may meet by411
463+telecommunication, video conference or other similar electronic means.412
464+C. The Commission shall have the following powers:413
465+1. Establish the fiscal year of the Commission;414
466+2. Establish code of conduct and conflict of interest policies;415
467+3. Establish and amend Rules and bylaws;416
468+4. Maintain its financial records in accordance with the bylaws;417
469+5. Meet and take such actions as are consistent with the provisions of this Compact, the418
470+Commission's Rules, and the bylaws;419
471+H. B. 839 (SUB)
472+- 17 - 24 LC 36 5789S
473+6. Initiate and conclude legal proceedings or actions in the name of the Commission,420
474+provided that the standing of any State Licensing Board to sue or be sued under421
475+applicable law shall not be affected;422
476+7. Maintain and certify records and information provided to a Member State as the423
477+authenticated business records of the Commission, and designate an agent to do so on the424
478+Commission's behalf;425
479+8. Purchase and maintain insurance and bonds;426
480+9. Borrow, accept, or contract for services of personnel, including, but not limited to,427
481+employees of a Member State;428
482+10. Conduct an annual financial review;429
483+11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such430
484+individuals appropriate authority to carry out the purposes of the Compact, and establish431
485+the Commission's personnel policies and programs relating to conflicts of interest,432
486+qualifications of personnel, and other related personnel matters;433
487+12. Assess and collect fees;434
488+13. Accept any and all appropriate gifts, donations, grants of money, other sources of435
489+revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose436
490+of the same; provided that at all times the Commission shall avoid any appearance of437
491+impropriety or conflict of interest;438
492+14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or439
493+mixed, or any undivided interest therein;440
494+15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any441
495+property real, personal, or mixed;442
496+16. Establish a budget and make expenditures;443
497+17. Borrow money;444
498+H. B. 839 (SUB)
499+- 18 - 24 LC 36 5789S
500+18. Appoint committees, including standing committees, composed of members, State445
501+regulators, State legislators or their representatives, and consumer representatives, and446
502+such other interested persons as may be designated in this Compact and the bylaws;447
503+19. Provide and receive information from, and cooperate with, law enforcement agencies;448
504+20. Establish and elect an Executive Committee, including a chair and a vice chair;449
505+21. Determine whether a State's adopted language is materially different from the model450
506+compact language such that the State would not qualify for participation in the Compact;451
507+and452
508+22. Perform such other functions as may be necessary or appropriate to achieve the453
509+purposes of this Compact.454
510+D. The Executive Committee455
511+1. The Executive Committee shall have the power to act on behalf of the Commission456
512+according to the terms of this Compact. The powers, duties, and responsibilities of the457
513+Executive Committee shall include:458
514+a. Oversee the day-to-day activities of the administration of the compact including459
515+enforcement and compliance with the provisions of the compact, its Rules and bylaws,460
516+and other such duties as deemed necessary;461
517+b. Recommend to the Commission changes to the Rules or bylaws, changes to this462
518+Compact legislation, fees charged to Compact Member States, fees charged to463
519+Licensees, and other fees;464
520+c. Ensure Compact administration services are appropriately provided, including by465
521+contract; 466
522+d. Prepare and recommend the budget;467
523+e. Maintain financial records on behalf of the Commission;468
524+f. Monitor Compact compliance of Member States and provide compliance reports to469
525+the Commission;470
526+g. Establish additional committees as necessary;471
527+H. B. 839 (SUB)
528+- 19 - 24 LC 36 5789S
529+h. Exercise the powers and duties of the Commission during the interim between472
530+Commission meetings, except for adopting or amending Rules, adopting or amending473
531+bylaws, and exercising any other powers and duties expressly reserved to the474
532+Commission by Rule or bylaw; and475
533+i. Other duties as provided in the Rules or bylaws of the Commission.476
534+2. The Executive Committee shall be composed of up to eleven (11) members:477
535+a. The chair and vice chair of the Commission shall be voting members of the478
536+Executive Committee.479
537+b. The Commission shall elect five voting members from the current membership of the480
538+Commission.481
539+c. Up to four (4) ex-officio, nonvoting members from four (4) recognized national482
540+Social Work organizations.483
541+d. The ex-officio members will be selected by their respective organizations.484
542+3. The Commission may remove any member of the Executive Committee as provided485
543+in the Commission's bylaws.486
544+4. The Executive Committee shall meet at least annually.487
545+a. Executive Committee meetings shall be open to the public, except that the Executive488
546+Committee may meet in a closed, non-public meeting as provided in subsection F.2489
547+below.490
548+b. The Executive Committee shall give seven (7) days' notice of its meetings, posted491
549+on its website and as determined to provide notice to persons with an interest in the492
550+business of the Commission.493
551+c. The Executive Committee may hold a special meeting in accordance with subsection494
552+F.1.b. below.495
553+E. The Commission shall adopt and provide to the Member States an annual report.496
554+F. Meetings of the Commission497
555+H. B. 839 (SUB)
556+- 20 - 24 LC 36 5789S
557+1. All meetings shall be open to the public, except that the Commission may meet in a498
558+closed, non-public meeting as provided in subsection F.2 below.499
559+a. Public notice for all meetings of the full Commission of meetings shall be given in500
560+the same manner as required under the Rulemaking provisions in Section 12, except501
561+that the Commission may hold a special meeting as provided in subsection F.1.b below.502
562+b. The Commission may hold a special meeting when it must meet to conduct503
563+emergency business by giving 48 hours' notice to all commissioners, on the504
564+Commission's website, and other means as provided in the Commission's Rules. The505
565+Commission's legal counsel shall certify that the Commission's need to meet qualifies506
566+as an emergency.507
567+2. The Commission or the Executive Committee or other committees of the Commission508
568+may convene in a closed, non-public meeting for the Commission or Executive509
569+Committee or other committees of the Commission to receive legal advice or to discuss:510
570+a. Non-compliance of a Member State with its obligations under the Compact;511
571+b. The employment, compensation, discipline or other matters, practices or procedures512
572+related to specific employees;513
573+c. Current or threatened discipline of a Licensee by the Commission or by a Member514
574+State's Licensing Authority;515
575+d. Current, threatened, or reasonably anticipated litigation;516
576+e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real517
577+estate; 518
578+f. Accusing any person of a crime or formally censuring any person;519
579+g. Trade secrets or commercial or financial information that is privileged or520
580+confidential;521
581+h. Information of a personal nature where disclosure would constitute a clearly522
582+unwarranted invasion of personal privacy;523
583+i. Investigative records compiled for law enforcement purposes;524
584+H. B. 839 (SUB)
585+- 21 - 24 LC 36 5789S
586+j. Information related to any investigative reports prepared by or on behalf of or for use525
587+of the Commission or other committee charged with responsibility of investigation or526
588+determination of compliance issues pursuant to the Compact;527
589+k. Matters specifically exempted from disclosure by federal or Member State law; or528
590+l. Other matters as promulgated by the Commission by Rule.529
591+3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the530
592+meeting will be closed and reference each relevant exempting provision, and such531
593+reference shall be recorded in the minutes.532
594+4. The Commission shall keep minutes that fully and clearly describe all matters533
595+discussed in a meeting and shall provide a full and accurate summary of actions taken,534
596+and the reasons therefore, including a description of the views expressed. All documents535
597+considered in connection with an action shall be identified in such minutes. All minutes536
598+and documents of a closed meeting shall remain under seal, subject to release only by a537
599+majority vote of the Commission or order of a court of competent jurisdiction.538
600+G. Financing of the Commission539
601+1. The Commission shall pay, or provide for the payment of, the reasonable expenses of540
602+its establishment, organization, and ongoing activities.541
603+2. The Commission may accept any and all appropriate revenue sources as provided in542
604+subsection C(13).543
605+3. The Commission may levy on and collect an annual assessment from each Member544
606+State and impose fees on Licensees of Member States to whom it grants a Multistate545
607+License to cover the cost of the operations and activities of the Commission and its staff,546
608+which must be in a total amount sufficient to cover its annual budget as approved each547
609+year for which revenue is not provided by other sources. The aggregate annual548
610+assessment amount for Member States shall be allocated based upon a formula that the549
611+Commission shall promulgate by Rule.550
612+H. B. 839 (SUB)
613+- 22 - 24 LC 36 5789S
614+4. The Commission shall not incur obligations of any kind prior to securing the funds551
615+adequate to meet the same; nor shall the Commission pledge the credit of any of the552
616+Member States, except by and with the authority of the Member State.553
617+5. The Commission shall keep accurate accounts of all receipts and disbursements. The554
618+receipts and disbursements of the Commission shall be subject to the financial review and555
619+accounting procedures established under its bylaws. However, all receipts and556
620+disbursements of funds handled by the Commission shall be subject to an annual financial557
621+review by a certified or licensed public accountant, and the report of the financial review558
622+shall be included in and become part of the annual report of the Commission.559
623+H. Qualified Immunity, Defense, and Indemnification560
624+1. The members, officers, executive director, employees and representatives of the561
625+Commission shall be immune from suit and liability, both personally and in their official562
626+capacity, for any claim for damage to or loss of property or personal injury or other civil563
627+liability caused by or arising out of any actual or alleged act, error, or omission that564
628+occurred, or that the person against whom the claim is made had a reasonable basis for565
629+believing occurred within the scope of Commission employment, duties or566
630+responsibilities; provided that nothing in this paragraph shall be construed to protect any567
631+such person from suit or liability for any damage, loss, injury, or liability caused by the568
632+intentional or willful or wanton misconduct of that person. The procurement of insurance569
633+of any type by the Commission shall not in any way compromise or limit the immunity570
634+granted hereunder.571
635+2. The Commission shall defend any member, officer, executive director, employee, and572
636+representative of the Commission in any civil action seeking to impose liability arising573
637+out of any actual or alleged act, error, or omission that occurred within the scope of574
638+Commission employment, duties, or responsibilities, or as determined by the Commission575
639+that the person against whom the claim is made had a reasonable basis for believing576
640+occurred within the scope of Commission employment, duties, or responsibilities;577
641+H. B. 839 (SUB)
642+- 23 - 24 LC 36 5789S
643+provided that nothing herein shall be construed to prohibit that person from retaining their578
644+own counsel at their own expense; and provided further, that the actual or alleged act,579
645+error, or omission did not result from that person's intentional or willful or wanton580
646+misconduct.581
647+3. The Commission shall indemnify and hold harmless any member, officer, executive582
648+director, employee, and representative of the Commission for the amount of any583
649+settlement or judgment obtained against that person arising out of any actual or alleged584
650+act, error, or omission that occurred within the scope of Commission employment, duties,585
651+or responsibilities, or that such person had a reasonable basis for believing occurred586
652+within the scope of Commission employment, duties, or responsibilities, provided that587
653+the actual or alleged act, error, or omission did not result from the intentional or willful588
654+or wanton misconduct of that person.589
655+4. Nothing herein shall be construed as a limitation on the liability of any Licensee for590
656+professional malpractice or misconduct, which shall be governed solely by any other591
657+applicable State laws.592
658+5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member593
659+State's state action immunity or state action affirmative defense with respect to antitrust594
660+claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or595
661+anticompetitive law or regulation.596
662+6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by597
663+the Member States or by the Commission.598
664+SECTION 11: DATA SYSTEM599
665+A. The Commission shall provide for the development, maintenance, operation, and600
666+utilization of a coordinated database and reporting system containing licensure, Adverse601
667+Action, and the presence of Current Significant Investigative Information on all licensed602
668+individuals in Member States.603
669+H. B. 839 (SUB)
670+- 24 - 24 LC 36 5789S
671+B. The Commission shall assign each applicant for a Multistate License a unique identifier,604
672+as determined by the Rules of the Commission.605
673+C. Notwithstanding any other provision of State law to the contrary, a Member State shall606
674+submit a uniform data set to the Data System on all individuals to whom this Compact is607
675+applicable as required by the Rules of the Commission, including:608
676+1. Identifying information;609
677+2. Licensure data;610
678+3. Adverse Actions against a license and information related thereto;611
679+4. Non-confidential information related to Alternative Program participation, the612
680+beginning and ending dates of such participation, and other information related to such613
681+participation not made confidential under Member State law;614
682+5. Any denial of application for licensure, and the reason(s) for such denial;615
683+6. The presence of Current Significant Investigative Information; and616
684+7. Other information that may facilitate the administration of this Compact or the617
685+protection of the public, as determined by the Rules of the Commission.618
686+D. The records and information provided to a Member State pursuant to this Compact or619
687+through the Data System, when certified by the Commission or an agent thereof, shall620
688+constitute the authenticated business records of the Commission, and shall be entitled to621
689+any associated hearsay exception in any relevant judicial, quasi-judicial or administrative622
690+proceedings in a Member State.623
691+E. Current Significant Investigative Information pertaining to a Licensee in any Member624
692+State will only be available to other Member States.625
693+1. It is the responsibility of the Member States to report any Adverse Action against a626
694+Licensee and to monitor the database to determine whether Adverse Action has been627
695+taken against a Licensee. Adverse Action information pertaining to a Licensee in any628
696+Member State will be available to any other Member State.629
697+H. B. 839 (SUB)
698+- 25 - 24 LC 36 5789S
699+F. Member States contributing information to the Data System may designate information630
700+that may not be shared with the public without the express permission of the contributing631
701+State.632
702+G. Any information submitted to the Data System that is subsequently expunged pursuant633
703+to federal law or the laws of the Member State contributing the information shall be634
704+removed from the Data System.635
705+SECTION 12: RULEMAKING636
706+A. The Commission shall promulgate reasonable Rules in order to effectively and637
707+efficiently implement and administer the purposes and provisions of the Compact. A Rule638
708+shall be invalid and have no force or effect only if a court of competent jurisdiction holds639
709+that the Rule is invalid because the Commission exercised its rulemaking authority in a640
710+manner that is beyond the scope and purposes of the Compact, or the powers granted641
711+hereunder, or based upon another applicable standard of review.642
712+B. The Rules of the Commission shall have the force of law in each Member State,643
713+provided however that where the Rules of the Commission conflict with the laws of the644
714+Member State that establish the Member State's laws, regulations, and applicable standards645
715+as held by a court of competent jurisdiction, the Rules of the Commission shall be646
716+ineffective in that State to the extent of the conflict.647
717+C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth648
718+in this Section and the Rules adopted thereunder. Rules shall become binding on the day649
719+following adoption or the date specified in the rule or amendment, whichever is later.650
720+D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,651
721+by enactment of a statute or resolution in the same manner used to adopt the Compact652
722+within four (4) years of the date of adoption of the Rule, then such Rule shall have no653
723+further force and effect in any Member State.654
724+E. Rules shall be adopted at a regular or special meeting of the Commission.655
725+H. B. 839 (SUB)
726+- 26 - 24 LC 36 5789S
727+F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and656
728+allow persons to provide oral and written comments, data, facts, opinions, and arguments. 657
729+G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days658
730+in advance of the meeting at which the Commission will hold a public hearing on the659
731+proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:660
732+1. On the website of the Commission or other publicly accessible platform;661
733+2. To persons who have requested notice of the Commission's notices of proposed662
734+rulemaking, and663
735+3. In such other way(s) as the Commission may by Rule specify.664
736+H. The Notice of Proposed Rulemaking shall include:665
737+1. The time, date, and location of the public hearing at which the Commission will hear666
738+public comments on the proposed Rule and, if different, the time, date, and location of667
739+the meeting where the Commission will consider and vote on the proposed Rule;668
740+2. If the hearing is held via telecommunication, video conference, or other electronic669
741+means, the Commission shall include the mechanism for access to the hearing in the670
742+Notice of Proposed Rulemaking;671
743+3. The text of the proposed Rule and the reason therefor;672
744+4. A request for comments on the proposed Rule from any interested person; and673
745+5. The manner in which interested persons may submit written comments.674
746+I. All hearings will be recorded. A copy of the recording and all written comments and675
747+documents received by the Commission in response to the proposed Rule shall be available676
748+to the public.677
749+J. Nothing in this section shall be construed as requiring a separate hearing on each Rule.678
750+Rules may be grouped for the convenience of the Commission at hearings required by this679
751+section.680
752+H. B. 839 (SUB)
753+- 27 - 24 LC 36 5789S
754+K. The Commission shall, by majority vote of all members, take final action on the681
755+proposed Rule based on the Rulemaking record and the full text of the Rule.682
756+1. The Commission may adopt changes to the proposed Rule provided the changes do not683
757+enlarge the original purpose of the proposed Rule.684
758+2. The Commission shall provide an explanation of the reasons for substantive changes685
759+made to the proposed Rule as well as reasons for substantive changes not made that were686
760+recommended by commenters.687
761+3. The Commission shall determine a reasonable effective date for the Rule. Except for688
762+an emergency as provided in Section 12.L, the effective date of the rule shall be no689
763+sooner than 30 days after issuing the notice that it adopted or amended the Rule.690
764+L. Upon determination that an emergency exists, the Commission may consider and adopt691
765+an emergency Rule with 48 hours' notice, with opportunity to comment, provided that the692
766+usual Rulemaking procedures provided in the Compact and in this section shall be693
767+retroactively applied to the Rule as soon as reasonably possible, in no event later than694
768+ninety (90) days after the effective date of the Rule. For the purposes of this provision, an695
769+emergency Rule is one that must be adopted immediately in order to:696
770+1. Meet an imminent threat to public health, safety, or welfare;697
771+2. Prevent a loss of Commission or Member State funds;698
772+3. Meet a deadline for the promulgation of a Rule that is established by federal law or699
773+rule; or700
774+4. Protect public health and safety.701
775+M. The Commission or an authorized committee of the Commission may direct revisions702
776+to a previously adopted Rule for purposes of correcting typographical errors, errors in703
777+format, errors in consistency, or grammatical errors. Public notice of any revisions shall be704
778+posted on the website of the Commission. The revision shall be subject to challenge by any705
779+person for a period of thirty (30) days after posting. The revision may be challenged only706
780+on grounds that the revision results in a material change to a Rule. A challenge shall be707
781+H. B. 839 (SUB)
782+- 28 - 24 LC 36 5789S
783+made in writing and delivered to the Commission prior to the end of the notice period. If708
784+no challenge is made, the revision will take effect without further action. If the revision is709
785+challenged, the revision may not take effect without the approval of the Commission.710
786+N. No Member State's rulemaking requirements shall apply under this compact.711
787+SECTION 13: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT712
788+A. Oversight713
789+1. The executive and judicial branches of State government in each Member State shall714
790+enforce this Compact and take all actions necessary and appropriate to implement the715
791+Compact.716
792+2. Except as otherwise provided in this Compact, venue is proper and judicial717
793+proceedings by or against the Commission shall be brought solely and exclusively in a718
794+court of competent jurisdiction where the principal office of the Commission is located.719
795+The Commission may waive venue and jurisdictional defenses to the extent it adopts or720
796+consents to participate in alternative dispute resolution proceedings. Nothing herein shall721
797+affect or limit the selection or propriety of venue in any action against a Licensee for722
798+professional malpractice, misconduct or any such similar matter.723
799+3. The Commission shall be entitled to receive service of process in any proceeding724
800+regarding the enforcement or interpretation of the Compact and shall have standing to725
801+intervene in such a proceeding for all purposes. Failure to provide the Commission726
802+service of process shall render a judgment or order void as to the Commission, this727
803+Compact, or promulgated Rules.728
804+B. Default, Technical Assistance, and Termination729
805+1. If the Commission determines that a Member State has defaulted in the performance730
806+of its obligations or responsibilities under this Compact or the promulgated Rules, the731
807+Commission shall provide written notice to the defaulting State. The notice of default732
808+shall describe the default, the proposed means of curing the default, and any other action733
809+H. B. 839 (SUB)
810+- 29 - 24 LC 36 5789S
811+that the Commission may take, and shall offer training and specific technical assistance734
812+regarding the default.735
813+2. The Commission shall provide a copy of the notice of default to the other Member736
814+States.737
815+C. If a State in default fails to cure the default, the defaulting State may be terminated from738
816+the Compact upon an affirmative vote of a majority of the delegates of the Member States,739
817+and all rights, privileges and benefits conferred on that State by this Compact may be740
818+terminated on the effective date of termination. A cure of the default does not relieve the741
819+offending State of obligations or liabilities incurred during the period of default.742
820+D. Termination of membership in the Compact shall be imposed only after all other means743
821+of securing compliance have been exhausted. Notice of intent to suspend or terminate shall744
822+be given by the Commission to the governor, the majority and minority leaders of the745
823+defaulting State's legislature, the defaulting State's State Licensing Authority and each of746
824+the Member States' State Licensing Authority.747
825+E. A State that has been terminated is responsible for all assessments, obligations, and748
826+liabilities incurred through the effective date of termination, including obligations that749
827+extend beyond the effective date of termination.750
828+F. Upon the termination of a State's membership from this Compact, that State shall751
829+immediately provide notice to all Licensees within that State of such termination. The752
830+terminated State shall continue to recognize all licenses granted pursuant to this Compact753
831+for a minimum of six (6) months after the date of said notice of termination.754
832+G. The Commission shall not bear any costs related to a State that is found to be in default755
833+or that has been terminated from the Compact, unless agreed upon in writing between the756
834+Commission and the defaulting State.757
835+H. The defaulting State may appeal the action of the Commission by petitioning the U.S.758
836+District Court for the District of Columbia or the federal district where the Commission has759
837+H. B. 839 (SUB)
838+- 30 - 24 LC 36 5789S
839+its principal offices. The prevailing party shall be awarded all costs of such litigation,760
840+including reasonable attorney's fees.761
841+I. Dispute Resolution762
842+1. Upon request by a Member State, the Commission shall attempt to resolve disputes763
843+related to the Compact that arise among Member States and between Member and764
844+non-Member States.765
845+2. The Commission shall promulgate a Rule providing for both mediation and binding766
846+dispute resolution for disputes as appropriate.767
847+J. Enforcement768
848+1. By majority vote as provided by Rule, the Commission may initiate legal action against769
849+a Member State in default in the United States District Court for the District of Columbia770
850+or the federal district where the Commission has its principal offices to enforce771
851+compliance with the provisions of the Compact and its promulgated Rules. The relief772
852+sought may include both injunctive relief and damages. In the event judicial enforcement773
853+is necessary, the prevailing party shall be awarded all costs of such litigation, including774
854+reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the775
855+Commission. The Commission may pursue any other remedies available under federal776
856+or the defaulting Member State's law.777
857+2. A Member State may initiate legal action against the Commission in the U.S. District778
858+Court for the District of Columbia or the federal district where the Commission has its779
859+principal offices to enforce compliance with the provisions of the Compact and its780
860+promulgated Rules. The relief sought may include both injunctive relief and damages. In781
861+the event judicial enforcement is necessary, the prevailing party shall be awarded all costs782
862+of such litigation, including reasonable attorney's fees.783
863+3. No person other than a Member State shall enforce this compact against the784
864+Commission.785
865+H. B. 839 (SUB)
866+- 31 - 24 LC 36 5789S
867+SECTION 14: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT786
868+A. The Compact shall come into effect on the date on which the Compact statute is enacted787
869+into law in the seventh Member State.788
870+1. On or after the effective date of the Compact, the Commission shall convene and789
871+review the enactment of each of the first seven Member States ('Charter Member States')790
872+to determine if the statute enacted by each such Charter Member State is materially791
873+different than the model Compact statute.792
874+a. A Charter Member State whose enactment is found to be materially different from793
875+the model Compact statute shall be entitled to the default process set forth in794
876+Section 13.795
877+b. If any Member State is later found to be in default, or is terminated or withdraws796
878+from the Compact, the Commission shall remain in existence and the Compact shall797
879+remain in effect even if the number of Member States should be less than seven.798
880+2. Member States enacting the Compact subsequent to the seven initial Charter Member799
881+States shall be subject to the process set forth in Section 10(C)(21) to determine if their800
882+enactments are materially different from the model Compact statute and whether they801
883+qualify for participation in the Compact.802
884+3. All actions taken for the benefit of the Commission or in furtherance of the purposes803
885+of the administration of the Compact prior to the effective date of the Compact or the804
886+Commission coming into existence shall be considered to be actions of the Commission805
887+unless specifically repudiated by the Commission.806
888+4. Any State that joins the Compact subsequent to the Commission's initial adoption of807
889+the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date808
890+on which the Compact becomes law in that State. Any Rule that has been previously809
891+adopted by the Commission shall have the full force and effect of law on the day the810
892+Compact becomes law in that State.811
893+H. B. 839 (SUB)
894+- 32 - 24 LC 36 5789S
895+B. Any Member State may withdraw from this Compact by enacting a statute repealing the812
896+same.813
897+1. A Member State's withdrawal shall not take effect until 180 days after enactment of814
898+the repealing statute.815
899+2. Withdrawal shall not affect the continuing requirement of the withdrawing State's816
900+Licensing Authority to comply with the investigative and Adverse Action reporting817
901+requirements of this Compact prior to the effective date of withdrawal.818
902+3. Upon the enactment of a statute withdrawing from this compact, a State shall819
903+immediately provide notice of such withdrawal to all Licensees within that State.820
904+Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing821
905+State shall continue to recognize all licenses granted pursuant to this compact for a822
906+minimum of six (6) months after the date of such notice of withdrawal.823
907+C. Nothing contained in this Compact shall be construed to invalidate or prevent any824
908+licensure agreement or other cooperative arrangement between a Member State and a825
909+non-Member State that does not conflict with the provisions of this Compact.826
910+D. This Compact may be amended by the Member States. No amendment to this Compact827
911+shall become effective and binding upon any Member State until it is enacted into the laws828
912+of all Member States.829
913+SECTION 15: CONSTRUCTION AND SEVERABILITY830
914+A. This Compact and the Commission's rulemaking authority shall be liberally construed831
915+so as to effectuate the purposes, and the implementation and administration of the832
916+Compact. Provisions of the Compact expressly authorizing or requiring the promulgation833
917+of Rules shall not be construed to limit the Commission's rulemaking authority solely for834
918+those purposes.835
919+B. The provisions of this Compact shall be severable and if any phrase, clause, sentence836
920+or provision of this Compact is held by a court of competent jurisdiction to be contrary to837
921+H. B. 839 (SUB)
922+- 33 - 24 LC 36 5789S
923+the constitution of any Member State, a State seeking participation in the Compact, or of838
924+the United States, or the applicability thereof to any government, agency, person or839
925+circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity840
926+of the remainder of this Compact and the applicability thereof to any other government,841
927+agency, person or circumstance shall not be affected thereby.842
928+C. Notwithstanding subsection B of this section, the Commission may deny a State's843
929+participation in the Compact or, in accordance with the requirements of Section 13.B,844
930+terminate a Member State's participation in the Compact, if it determines that a845
931+constitutional requirement of a Member State is a material departure from the Compact.846
932+Otherwise, if this Compact shall be held to be contrary to the constitution of any Member847
933+State, the Compact shall remain in full force and effect as to the remaining Member States848
934+and in full force and effect as to the Member State affected as to all severable matters.849
935+SECTION 16: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAW S 850
936+A. A Licensee providing services in a Remote State under a Multistate Authorization to851
937+Practice shall adhere to the laws and regulations, including laws, regulations, and852
938+applicable standards, of the Remote State where the client is located at the time care is853
939+rendered.854
940+B. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member855
941+State that is not inconsistent with the Compact.856
942+C. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict857
943+with the Compact are superseded to the extent of the conflict.858
944+D. All permissible agreements between the Commission and the Member States are binding859
945+in accordance with their terms."860
946+H. B. 839 (SUB)
947+- 34 - 24 LC 36 5789S
948+PART II
949+861
950+SECTION 2-1.862
951+Said title is further amended by revising paragraph (6) of Code Section 43-24A-3, relating863
952+to definitions, as follows:864
953+"(6) 'License' means a valid and current certificate of registration issued by the board865
954+pursuant to this chapter to practice massage therapy or a multistate license issued
955+866
956+pursuant to the Interstate Massage Compact contained in Article 3 of this chapter."867
957+SECTION 2-2.868
958+Said title is further amended in Code Section 43-24A-7, relating to the powers of the Georgia869
959+Board of Massage Therapy, by revising subsection (b) and adding a new subsection to read870
960+as follows:871
961+"(b) The board shall have the power to:872
962+(1) Examine and determine the qualifications and fitness of applicants for licenses to873
963+practice massage therapy in this state;874
964+(2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage875
965+therapy in this state or otherwise discipline licensed massage therapists;876
966+(3) Conduct investigations for the purpose of discovering violations of this chapter or877
967+grounds for disciplining persons or entities acting in violation of this chapter;878
968+(4) Upon reasonable notice, request on-site inspections of the facility, equipment,879
969+policies, and practices of a massage therapy business or board recognized massage880
970+therapy educational program by appropriate inspectors in the Office of the Secretary of881
971+State for the purpose of determining compliance with the standards established pursuant882
972+to this chapter;883
973+(5) Hold hearings on all matters properly brought before the board and, in conjunction884
974+therewith, to administer oaths, receive evidence, make the necessary determinations, and885
975+H. B. 839 (SUB)
976+- 35 - 24 LC 36 5789S
977+enter orders consistent with the findings. The board may designate one or more of its
978+886
979+members as its hearing officer;887
980+(6) Adopt, revise, and enforce rules concerning advertising by licensees including, but888
981+not limited to, rules to prohibit false, misleading, or deceptive practices;889
982+(7) Periodically evaluate board recognized massage therapy educational programs and890
983+license such programs that meet the board's requirements;891
984+(8) Develop and enforce standards for continuing education courses required of licensed892
985+massage therapists which may include courses in massage therapy or any of the
986+893
987+modalities described in paragraphs (5) through (8) of subsection (a) of Code Section894
988+43-24A-19;895
989+(9) Develop and enforce reasonable and uniform standards for massage therapy896
990+educational programs and massage therapy practice;897
991+(10) Deny or withdraw recognition of noncompliant massage therapy educational898
992+programs that do not meet standards established pursuant to this chapter;899
993+(11) Appoint standing or ad hoc committees as necessary to inform and make900
994+recommendations to the board about issues and concerns of the massage therapy901
995+profession and to facilitate communication amongst the board, licensees under this902
996+chapter, and the community, which may include nonmembers of the board;903
997+(12) Collect and publish data regarding existing massage therapy resources in Georgia904
998+without violation of any state or federal privacy laws and coordinate planning for board905
999+recognized massage therapy educational programs and practice;906
1000+(13) Adopt an official seal; and907
1001+(14) Bring proceedings to the courts for the enforcement of this chapter or any rules and908
1002+regulations promulgated pursuant to this chapter; and909
1003+(15) Administer the Interstate Massage Compact contained in Article 3 of this chapter."910
1004+"(d) Beginning July 1, 2025, any license issued by the board shall include a photograph of911
1005+the licensee."912
1006+H. B. 839 (SUB)
1007+- 36 - 24 LC 36 5789S
1008+SECTION 2-3.
1009+913
1010+Said title is further amended by revising paragraph (6) of subsection (b) of Code Section914
1011+43-24A-8, relating to licensure of massage therapists, application and requirements, as915
1012+follows:916
1013+"(6) The applicant has completed successfully a board recognized massage therapy917
1014+educational program consisting of a minimum of 500
1015+ 625 hours of course and clinical918
1016+work;"919
1017+SECTION 2-4.920
1018+Said title is further amended by revising subsection (a) of Code Section 43-24A-19, relating921
1019+to exceptions, as follows:922
1020+"(a) Nothing in this chapter shall be construed to affect, restrict, or prevent the practice,923
1021+services, or activities of:924
1022+(1) A person licensed, registered, or certified under any other chapter or article under925
1023+Title 43 while engaged in the professional or trade practices properly conducted under926
1024+authority of such other licensing laws, provided that such person shall not use the title of927
1025+massage therapist;928
1026+(2) A person pursuing a course of study leading to a degree or certificate as a massage929
1027+therapist in a board recognized massage therapy educational program if such person is930
1028+designated by title indicating student status and is fulfilling uncompensated work931
1029+experiences required for the attainment of the degree or certificate;932
1030+(3) A nonresident person rendering massage therapy up to 60 days during a 12 month933
1031+period for treatment of a temporary sojourner only, provided that such nonresident934
1032+massage therapist holds a license, registration, or certification from another state,935
1033+jurisdiction, or country if the requirements as determined by the board for licensure,936
1034+registration, or certification are substantially equal to the requirements contained in this937
1035+H. B. 839 (SUB)
1036+- 37 - 24 LC 36 5789S
1037+chapter or provided that such nonresident massage therapist is currently nationally
1038+938
1039+certified in therapeutic massage and bodywork;939
1040+(4) A person duly licensed, registered, or certified in another jurisdiction, state, territory,940
1041+or a foreign country when incidentally in this state to provide service as part of an941
1042+emergency response team working in conjunction with disaster relief officials or as part942
1043+of a charity event with which he or she comes into the state;943
1044+(5) A person who restricts his or her practice to the manipulation of the soft tissue of the944
1045+human body to hands, feet, or ears who does not have the client disrobe and does not hold945
1046+himself or herself out as a massage therapist; or
1047+946
1048+(6) A person who uses touch, words, and directed movement to deepen awareness of947
1049+existing patterns of movement in the body as well as to suggest new possibilities of948
1050+movement while engaged within the scope of practice of a profession with established949
1051+standards and ethics, provided that his or her services are not designated or implied to be950
1052+massage or massage therapy;951
1053+(7) A person who uses touch and movement education to effect change in the structure952
1054+of the body while engaged in the practice of structural integration, provided that he or she953
1055+is a member of, or whose training would qualify for membership in, the International954
1056+Association of Structural Integrators and provided that his or her services are not955
1057+designated or implied to be massage or massage therapy;956
1058+(8) A person who uses touch to affect the energy systems, polarity, acupoints, or Qi957
1059+meridians, also known as channels of energy, of the human body while engaged within958
1060+the scope of practice of a profession with established standards and ethics, provided that959
1061+his or her services are not designated or implied to be massage or massage therapy;960
1062+(9) A person who was engaged in massage therapy practice prior to July 1, 2005;961
1063+provided, however, that the prohibition of subsection (c) of Code Section 43-24A-15 shall962
1064+apply to such a person on and after July 1, 2007; or963
1065+H. B. 839 (SUB)
1066+- 38 - 24 LC 36 5789S
1067+(10)(6) A person licensed under other chapters of this title providing cupping therapy or964
1068+taping techniques that are authorized within the scope of practice of such person."965
1069+SECTION 2-5.966
1070+Said title is further amended by revising subsection (a) of Code Section 43-24A-20, relating967
1071+to continuing education requirements, as follows:968
1072+"(a) The board shall establish continuing education requirements not to exceed 25 hours969
1073+per biennium in massage therapy, its complementary methods as defined by the board, or970
1074+any of the modalities described in paragraphs (5) through (8) of subsection (a) of Code971
1075+Section 43-24A-19. The board shall by rule establish criteria for the approval of continuing972
1076+education programs or courses. The programs or courses approved by the board may973
1077+include correspondence courses that meet the requirements for continuing education974
1078+programs or courses."975
1079+SECTION 2-6.976
1080+Said title is further amended by adding a new article to read as follows:977
1081+"ARTICLE 3978
1082+43-24A-40.979
1083+This article shall be known and may be cited as the 'Interstate Massage Compact Act.'980
1084+43-24A-41.981
1085+The Interstate Massage Compact is enacted into law and entered into by the State of982
1086+Georgia with any and all other states legally joining therein in the form substantially as983
1087+follows:984
1088+H. B. 839 (SUB)
1089+- 39 - 24 LC 36 5789S
1090+'INTERSTATE MASSAGE COMPACT985
1091+ARTICLE 1- PURPOSE986
1092+The purpose of this Compact is to reduce the burdens on State governments and to facilitate987
1093+the interstate practice and regulation of Massage Therapy with the goal of improving public988
1094+access to, and the safety of, Massage Therapy Services. Through this Compact, the989
1095+Member States seek to establish a regulatory framework which provides for a new990
1096+multistate licensing program. Through this additional licensing pathway, the Member991
1097+States seek to provide increased value and mobility to licensed massage therapists in the992
1098+Member States, while ensuring the provision of safe, competent, and reliable services to993
1099+the public.994
1100+This Compact is designed to achieve the following objectives, and the Member States995
1101+hereby ratify the same intentions by subscribing hereto:996
1102+A. Increase public access to Massage Therapy Services by providing for a multistate997
1103+licensing pathway;998
1104+B. Enhance the Member States' ability to protect the public's health and safety;999
1105+C. Enhance the Member States' ability to prevent human trafficking and licensure fraud;1000
1106+D. Encourage the cooperation of Member States in regulating the multistate Practice of1001
1107+Massage Therapy;1002
1108+E. Support relocating military members and their spouses;1003
1109+F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary1004
1110+information between the Member States;1005
1111+G. Create an Interstate Commission that will exist to implement and administer the1006
1112+Compact;1007
1113+H. Allow a Member State to hold a Licensee accountable, even where that Licensee holds1008
1114+a Multistate License;1009
1115+I. Create a streamlined pathway for Licensees to practice in Member States, thus1010
1116+increasing the mobility of duly licensed massage therapists; and1011
1117+H. B. 839 (SUB)
1118+- 40 - 24 LC 36 5789S
1119+J. Serve the needs of licensed massage therapists and the public receiving their services;1012
1120+however,1013
1121+K. Nothing in this Compact is intended to prevent a State from enforcing its own laws1014
1122+regarding the Practice of Massage Therapy.1015
1123+ARTICLE 2- DEFINITIONS1016
1124+As used in this Compact, except as otherwise provided and subject to clarification by the1017
1125+Rules of the Commission, the following definitions shall govern the terms herein:1018
1126+A. "Active Duty Military" - any individual in full-time duty status in the active uniformed1019
1127+service of the United States including members of the National Guard and Reserve.1020
1128+B. "Adverse Action" - any administrative, civil, equitable, or criminal action permitted by1021
1129+a Member State's laws which is imposed by a Licensing Authority or other regulatory body1022
1130+against a Licensee, including actions against an individual's Authorization to Practice such1023
1131+as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the1024
1132+Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure1025
1133+affecting an individual's ability to practice Massage Therapy, including the issuance of a1026
1134+cease and desist order.1027
1135+C. "Alternative Program" - a non-disciplinary monitoring or prosecutorial diversion1028
1136+program approved by a Member State's Licensing Authority.1029
1137+D. "Authorization to Practice" - a legal authorization by a Remote State pursuant to a1030
1138+Multistate License permitting the Practice of Massage Therapy in that Remote State, which1031
1139+shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote1032
1140+State.1033
1141+E. "Background Check" - the submission of an applicant's criminal history record1034
1142+information, as further defined in 28 C.F.R. § 20.3(d), as amended from the Federal Bureau1035
1143+of Investigation and the agency responsible for retaining State criminal records in the1036
1144+applicant's Home State.1037
1145+H. B. 839 (SUB)
1146+- 41 - 24 LC 36 5789S
1147+F. "Charter Member States" - Member States who have enacted legislation to adopt this1038
1148+Compact where such legislation predates the effective date of this Compact as defined in1039
1149+Article 12.1040
1150+G. "Commission" - the government agency whose membership consists of all States that1041
1151+have enacted this Compact, which is known as the Interstate Massage Compact1042
1152+Commission, as defined in Article 8, and which shall operate as an instrumentality of the1043
1153+Member States.1044
1154+H. "Continuing Competence" - a requirement, as a condition of license renewal, to provide1045
1155+evidence of participation in, and completion of, educational or professional activities that1046
1156+maintain, improve, or enhance Massage Therapy fitness to practice.1047
1157+I. "Current Significant Investigative Information" - Investigative Information that a1048
1158+Licensing Authority, after an inquiry or investigation that complies with a Member State's1049
1159+due process requirements, has reason to believe is not groundless and, if proved true, would1050
1160+indicate a violation of that State's laws regarding the Practice of Massage Therapy.1051
1161+J. "Data System" - a repository of information about Licensees who hold Multistate1052
1162+Licenses, which may include but is not limited to license status, Investigative Information,1053
1163+and Adverse Actions.1054
1164+K. "Disqualifying Event" - any event which shall disqualify an individual from holding1055
1165+a Multistate License under this Compact, which the Commission may by Rule specify.1056
1166+L. "Encumbrance" - a revocation or suspension of, or any limitation or condition on, the1057
1167+full and unrestricted Practice of Massage Therapy by a Licensing Authority.1058
1168+M. "Executive Committee" - a group of delegates elected or appointed to act on behalf of,1059
1169+and within the powers granted to them by, the Commission.1060
1170+N. "Home State" - means the Member State which is a Licensee's primary state of1061
1171+residence where the Licensee holds an active Single-State License.1062
1172+O. "Investigative Information" - information, records, or documents received or generated1063
1173+by a Licensing Authority pursuant to an investigation or other inquiry.1064
1174+H. B. 839 (SUB)
1175+- 42 - 24 LC 36 5789S
1176+P. "Licensing Authority" - a State's regulatory body responsible for issuing Massage1065
1177+Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.1066
1178+Q. "Licensee" - an individual who currently holds a license from a Member State to fully1067
1179+practice Massage Therapy, whose license is not a student, provisional, temporary, inactive,1068
1180+or other similar status.1069
1181+R. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage1070
1182+Therapy" - the care and services provided by a Licensee as set forth in the Member State's1071
1183+statutes and regulations in the State where the services are being provided.1072
1184+S. "Member State" - any State that has adopted this Compact.1073
1185+T. "Multistate License" - a license that consists of Authorizations to Practice Massage1074
1186+Therapy in all Remote States pursuant to this Compact, which shall be subject to the1075
1187+enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.1076
1188+U. "National Licensing Examination" - A national examination developed by a national1077
1189+association of Massage Therapy regulatory boards, as defined by Commission Rule, that1078
1190+is derived from a practice analysis and is consistent with generally accepted psychometric1079
1191+principles of fairness, validity and reliability, and is administered under secure and1080
1192+confidential examination protocols.1081
1193+V. "Remote State" - any Member State, other than the Licensee's Home State.1082
1194+W. "Rule" - any opinion or regulation promulgated by the Commission under this1083
1195+Compact, which shall have the force of law.1084
1196+X. "Single-State License" - a current, valid authorization issued by a Member State's1085
1197+Licensing Authority allowing an individual to fully practice Massage Therapy, that is not1086
1198+a restricted, student, provisional, temporary, or inactive practice authorization and1087
1199+authorizes practice only within the issuing State.1088
1200+Y. "State" - a state, territory, possession of the United States, or the District of Columbia.1089
1201+H. B. 839 (SUB)
1202+- 43 - 24 LC 36 5789S
1203+ARTICLE 3- MEMBER STATE REQUIREMENTS1090
1204+A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a1091
1205+State must:1092
1206+1. License and regulate the Practice of Massage Therapy;1093
1207+2. Have a mechanism or entity in place to receive and investigate complaints from the1094
1208+public, regulatory or law enforcement agencies, or the Commission about Licensees1095
1209+practicing in that State;1096
1210+3. Accept passage of a National Licensing Examination as a criterion for Massage1097
1211+Therapy licensure in that State;1098
1212+4. Require that Licensees satisfy educational requirements prior to being licensed to1099
1213+provide Massage Therapy Services to the public in that State;1100
1214+5. Implement procedures for requiring the Background Check of applicants for a1101
1215+Multistate License, and for the reporting of any Disqualifying Events, including but not1102
1216+limited to obtaining and submitting, for each Licensee holding a Multistate License and1103
1217+each applicant for a Multistate License, fingerprint or other biometric-based information1104
1218+to the Federal Bureau of Investigation for Background Checks; receiving the results of1105
1219+the Federal Bureau of Investigation record search on Background Checks and considering1106
1220+the results of such a Background Check in making licensure decisions;1107
1221+6. Have Continuing Competence requirements as a condition for license renewal;1108
1222+7. Participate in the Data System, including through the use of unique identifying1109
1223+numbers as described herein;1110
1224+8. Notify the Commission and other Member States, in compliance with the terms of the1111
1225+Compact and Rules of the Commission, of any disciplinary action taken by the State1112
1226+against a Licensee practicing under a Multistate License in that State, or of the existence1113
1227+of Investigative Information or Current Significant Investigative Information regarding1114
1228+a Licensee practicing in that State pursuant to a Multistate License;1115
1229+9. Comply with the Rules of the Commission;1116
1230+H. B. 839 (SUB)
1231+- 44 - 24 LC 36 5789S
1232+10. Accept Licensees with valid Multistate Licenses from other Member States as1117
1233+established herein;1118
1234+B. Individuals not residing in a Member State shall continue to be able to apply for a1119
1235+Member State's Single-State License as provided under the laws of each Member State. 1120
1236+However, the Single-State License granted to those individuals shall not be recognized as1121
1237+granting a Multistate License for Massage Therapy in any other Member State;1122
1238+C. Nothing in this Compact shall affect the requirements established by a Member State1123
1239+for the issuance of a Single-State License; and1124
1240+D. A Multistate License issued to a Licensee shall be recognized by each Remote State as1125
1241+an Authorization to Practice Massage Therapy in each Remote State.1126
1242+ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS1127
1243+A. To qualify for a Multistate License under this Compact, and to maintain eligibility for1128
1244+such a license, an applicant must:1129
1245+1. Hold an active Single-State License to practice Massage Therapy in the applicant's1130
1246+Home State;1131
1247+2. Have completed at least six hundred and twenty-five (625) clock hours of Massage1132
1248+Therapy education or the substantial equivalent which the Commission may approve by1133
1249+Rule.1134
1250+3. Have passed a National Licensing Examination or the substantial equivalent which the1135
1251+Commission may approve by Rule.1136
1252+4. Submit to a Background Check;1137
1253+5. Have not been convicted or found guilty, or have entered into an agreed disposition,1138
1254+of a felony offense under applicable State or federal criminal law, within five (5) years1139
1255+prior to the date of their application, where such a time period shall not include any time1140
1256+served for the offense, and provided that the applicant has completed any and all1141
1257+requirements arising as a result of any such offense;1142
1258+H. B. 839 (SUB)
1259+- 45 - 24 LC 36 5789S
1260+6. Have not been convicted or found guilty, or have entered into an agreed disposition,1143
1261+of a misdemeanor offense related to the Practice of Massage Therapy under applicable1144
1262+State or federal criminal law, within two (2) years prior to the date of their application1145
1263+where such a time period shall not include any time served for the offense, and provided1146
1264+that the applicant has completed any and all requirements arising as a result of any such1147
1265+offense;1148
1266+7. Have not been convicted or found guilty, or have entered into an agreed disposition,1149
1267+of any offense, whether a misdemeanor or a felony, under State or federal law, at any1150
1268+time, relating to any of the following:1151
1269+a. Kidnapping;1152
1270+b. Human trafficking;1153
1271+c. Human smuggling;1154
1272+d. Sexual battery, sexual assault, or any related offenses; or1155
1273+e. Any other category of offense which the Commission may by Rule designate.1156
1274+8. Have not previously held a Massage Therapy license which was revoked by, or1157
1275+surrendered in lieu of discipline to an applicable Licensing Authority;1158
1276+9. Have no history of any Adverse Action on any occupational or professional license1159
1277+within two (2) years prior to the date of their application; and1160
1278+10. Pay all required fees.1161
1279+B. A Multistate License granted pursuant to this Compact may be effective for a definite1162
1280+period of time concurrent with the renewal of the Home State license.1163
1281+C. A Licensee practicing in a Member State is subject to all scope of practice laws1164
1282+governing Massage Therapy Services in that State.1165
1283+D. The Practice of Massage Therapy under a Multistate License granted pursuant to this1166
1284+Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts,1167
1285+and the laws of the Member State in which the Massage Therapy Services are provided.1168
1286+H. B. 839 (SUB)
1287+- 46 - 24 LC 36 5789S
1288+ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION1169
1289+AND MEMBER STATE LICENSING AUTHORITIES1170
1290+A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,1171
1291+restrict, or in any way reduce the ability of a Member State to enact and enforce laws,1172
1292+regulations, or other rules related to the Practice of Massage Therapy in that State, where1173
1293+those laws, regulations, or other rules are not inconsistent with the provisions of this1174
1294+Compact.1175
1295+B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,1176
1296+restrict, or in any way reduce the ability of a Member State to take Adverse Action against1177
1297+a Licensee's Single-State License to practice Massage Therapy in that State.1178
1298+C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,1179
1299+restrict, or in any way reduce the ability of a Remote State to take Adverse Action against1180
1300+a Licensee's Authorization to Practice in that State.1181
1301+D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,1182
1302+restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action1183
1303+against a Licensee's Multistate License based upon information provided by a Remote1184
1304+State.1185
1305+E. Insofar as practical, a Member State's Licensing Authority shall cooperate with the1186
1306+Commission and with each entity exercising independent regulatory authority over the1187
1307+Practice of Massage Therapy according to the provisions of this Compact.1188
1308+ARTICLE 6- ADVERSE ACTIONS1189
1309+A. A Licensee's Home State shall have exclusive power to impose an Adverse Action1190
1310+against a Licensee's Multistate License issued by the Home State.1191
1311+B. A Home State may take Adverse Action on a Multistate License based on the1192
1312+Investigative Information, Current Significant Investigative Information, or Adverse Action1193
1313+of a Remote State.1194
1314+H. B. 839 (SUB)
1315+- 47 - 24 LC 36 5789S
1316+C. A Home State shall retain authority to complete any pending investigations of a1195
1317+Licensee practicing under a Multistate License who changes their Home State during the1196
1318+course of such an investigation. The Licensing Authority shall also be empowered to1197
1319+report the results of such an investigation to the Commission through the Data System as1198
1320+described herein.1199
1321+D. Any Member State may investigate actual or alleged violations of the scope of practice1200
1322+laws in any other Member State for a massage therapist who holds a Multistate License.1201
1323+E. A Remote State shall have the authority to:1202
1324+1. Take Adverse Actions against a Licensee's Authorization to Practice;1203
1325+2. Issue cease and desist orders or impose an Encumbrance on a Licensee's Authorization1204
1326+to Practice in that State.1205
1327+3. Issue subpoenas for both hearings and investigations that require the attendance and1206
1328+testimony of witnesses, as well as the production of evidence. Subpoenas issued by a1207
1329+Licensing Authority in a Member State for the attendance and testimony of witnesses or1208
1330+the production of evidence from another Member State shall be enforced in the latter1209
1331+State by any court of competent jurisdiction, according to the practice and procedure of1210
1332+that court applicable to subpoenas issued in proceedings before it. The issuing Licensing1211
1333+Authority shall pay any witness fees, travel expenses, mileage, and other fees required1212
1334+by the service statutes of the State in which the witnesses or evidence are located.1213
1335+4. If otherwise permitted by State law, recover from the affected Licensee the costs of1214
1336+investigations and disposition of cases resulting from any Adverse Action taken against1215
1337+that Licensee.1216
1338+5. Take Adverse Action against the Licensee's Authorization to Practice in that State1217
1339+based on the factual findings of another Member State.1218
1340+F. If an Adverse Action is taken by the Home State against a Licensee's Multistate License1219
1341+or Single-State License to practice in the Home State, the Licensee's Authorization to1220
1342+Practice in all other Member States shall be deactivated until all Encumbrances have been1221
1343+H. B. 839 (SUB)
1344+- 48 - 24 LC 36 5789S
1345+removed from such license. All Home State disciplinary orders that impose an Adverse1222
1346+Action against a Licensee shall include a statement that the Massage Therapist's1223
1347+Authorization to Practice is deactivated in all Member States during the pendency of the1224
1348+order.1225
1349+G. If Adverse Action is taken by a Remote State against a Licensee's Authorization to1226
1350+Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States. 1227
1351+A Licensee whose Authorization to Practice in a Remote State is removed for a specified1228
1352+period of time is not eligible to apply for a new Multistate License in any other State until1229
1353+the specific time for removal of the Authorization to Practice has passed and all1230
1354+encumbrance requirements are satisfied.1231
1355+H. Nothing in this Compact shall override a Member State's authority to accept a1232
1356+Licensee's participation in an Alternative Program in lieu of Adverse Action. A Licensee's1233
1357+Multistate License shall be suspended for the duration of the Licensee's participation in any1234
1358+Alternative Program.1235
1359+I. Joint Investigations1236
1360+1. In addition to the authority granted to a Member State by its respective scope of1237
1361+practice laws or other applicable State law, a Member State may participate with other1238
1362+Member States in joint investigations of Licensees.1239
1363+2. Member States shall share any investigative, litigation, or compliance materials in1240
1364+furtherance of any joint or individual investigation initiated under the Compact.1241
1365+ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES1242
1366+Active Duty Military personnel, or their spouses, shall designate a Home State where the1243
1367+individual has a current license to practice Massage Therapy in good standing. The1244
1368+individual may retain their Home State designation during any period of service when that1245
1369+individual or their spouse is on active duty assignment.1246
1370+H. B. 839 (SUB)
1371+- 49 - 24 LC 36 5789S
1372+ARTICLE 8- ESTABLISHMENT AND OPERATION OF1247
1373+INTERSTATE MASSAGE COMPACT COMMISSION1248
1374+A. The Compact Member States hereby create and establish a joint government agency1249
1375+whose membership consists of all Member States that have enacted the Compact known1250
1376+as the Interstate Massage Compact Commission. The Commission is an instrumentality1251
1377+of the Compact States acting jointly and not an instrumentality of any one State. The1252
1378+Commission shall come into existence on or after the effective date of the Compact as set1253
1379+forth in Article 12.1254
1380+B. Membership, Voting, and Meetings1255
1381+1. Each Member State shall have and be limited to one (1) delegate selected by that1256
1382+Member State's State Licensing Authority.1257
1383+2. The delegate shall be the primary administrative officer of the State Licensing1258
1384+Authority or their designee.1259
1385+3. The Commission shall by Rule or bylaw establish a term of office for delegates and1260
1386+may by Rule or bylaw establish term limits.1261
1387+4. The Commission may recommend removal or suspension of any delegate from office.1262
1388+5. A Member State's State Licensing Authority shall fill any vacancy of its delegate1263
1389+occurring on the Commission within 60 days of the vacancy.1264
1390+6. Each delegate shall be entitled to one vote on all matters that are voted on by the1265
1391+Commission.1266
1392+7. The Commission shall meet at least once during each calendar year. Additional1267
1393+meetings may be held as set forth in the bylaws. The Commission may meet by1268
1394+telecommunication, video conference or other similar electronic means.1269
1395+C. The Commission shall have the following powers:1270
1396+1. Establish the fiscal year of the Commission;1271
1397+2. Establish code of conduct and conflict of interest policies;1272
1398+H. B. 839 (SUB)
1399+- 50 - 24 LC 36 5789S
1400+3. Adopt Rules and bylaws;1273
1401+4. Maintain its financial records in accordance with the bylaws;1274
1402+5. Meet and take such actions as are consistent with the provisions of this Compact, the1275
1403+Commission's Rules, and the bylaws;1276
1404+6. Initiate and conclude legal proceedings or actions in the name of the Commission,1277
1405+provided that the standing of any State Licensing Authority to sue or be sued under1278
1406+applicable law shall not be affected;1279
1407+7. Maintain and certify records and information provided to a Member State as the1280
1408+authenticated business records of the Commission, and designate an agent to do so on the1281
1409+Commission's behalf;1282
1410+8. Purchase and maintain insurance and bonds;1283
1411+9. Borrow, accept, or contract for services of personnel, including, but not limited to,1284
1412+employees of a Member State;1285
1413+10. Conduct an annual financial review;1286
1414+11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such1287
1415+individuals appropriate authority to carry out the purposes of the Compact, and establish1288
1416+the Commission's personnel policies and programs relating to conflicts of interest,1289
1417+qualifications of personnel, and other related personnel matters;1290
1418+12. Assess and collect fees;1291
1419+13. Accept any and all appropriate gifts, donations, grants of money, other sources of1292
1420+revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose1293
1421+of the same; provided that at all times the Commission shall avoid any appearance of1294
1422+impropriety or conflict of interest;1295
1423+14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or1296
1424+mixed, or any undivided interest therein;1297
1425+15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of1298
1426+any property real, personal, or mixed;1299
1427+H. B. 839 (SUB)
1428+- 51 - 24 LC 36 5789S
1429+16. Establish a budget and make expenditures;1300
1430+17. Borrow money;1301
1431+18. Appoint committees, including standing committees, composed of members, State1302
1432+regulators, State legislators or their representatives, and consumer representatives, and1303
1433+such other interested persons as may be designated in this Compact and the bylaws;1304
1434+19. Accept and transmit complaints from the public, regulatory or law enforcement1305
1435+agencies, or the Commission, to the relevant Member State(s) regarding potential1306
1436+misconduct of Licensees;1307
1437+20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the1308
1438+Commission as provided in the Commission's bylaws;1309
1439+21. Establish and elect an Executive Committee, including a chair and a vice chair;1310
1440+22. Adopt and provide to the Member States an annual report.1311
1441+23. Determine whether a State's adopted language is materially different from the model1312
1442+Compact language such that the State would not qualify for participation in the Compact;1313
1443+and1314
1444+24. Perform such other functions as may be necessary or appropriate to achieve the1315
1445+purposes of this Compact.1316
1446+D. The Executive Committee1317
1447+1. The Executive Committee shall have the power to act on behalf of the Commission1318
1448+according to the terms of this Compact. The powers, duties, and responsibilities of the1319
1449+Executive Committee shall include:1320
1450+a. Overseeing the day-to-day activities of the administration of the Compact including 1321
1451+compliance with the provisions of the Compact, the Commission's Rules and bylaws,1322
1452+and other such duties as deemed necessary;1323
1453+b. Recommending to the Commission changes to the Rules or bylaws, changes to this1324
1454+Compact legislation, fees charged to Compact Member States, fees charged to1325
1455+Licensees, and other fees;1326
1456+H. B. 839 (SUB)
1457+- 52 - 24 LC 36 5789S
1458+c. Ensuring Compact administration services are appropriately provided, including by1327
1459+contract;1328
1460+d. Preparing and recommending the budget;1329
1461+e. Maintaining financial records on behalf of the Commission;1330
1462+f. Monitoring Compact compliance of Member States and providing compliance1331
1463+reports to the Commission;1332
1464+g. Establishing additional committees as necessary;1333
1465+h. Exercise the powers and duties of the Commission during the interim between1334
1466+Commission meetings, except for adopting or amending Rules, adopting or amending1335
1467+bylaws, and exercising any other powers and duties expressly reserved to the1336
1468+Commission by Rule or bylaw; and1337
1469+i. Other duties as provided in the Rules or bylaws of the Commission.1338
1470+2. The Executive Committee shall be composed of seven voting members and up to two1339
1471+exofficio members as follows:1340
1472+a. The chair and vice chair of the Commission and any other members of the1341
1473+Commission who serve on the Executive Committee shall be voting members of the1342
1474+Executive Committee; and1343
1475+b. Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect1344
1476+three voting members from the current membership of the Commission.1345
1477+c. The Commission may elect ex-officio, nonvoting members as necessary as follows:1346
1478+i. One ex-officio member who is a representative of the national association of State1347
1479+Massage Therapy regulatory boards; and1348
1480+ii. One ex-officio member as specified in the Commission's bylaws.1349
1481+3. The Commission may remove any member of the Executive Committee as provided1350
1482+in the Commission's bylaws.1351
1483+4. The Executive Committee shall meet at least annually.1352
1484+H. B. 839 (SUB)
1485+- 53 - 24 LC 36 5789S
1486+a. Executive Committee meetings shall be open to the public, except that the Executive1353
1487+Committee may meet in a closed, non-public session of a public meeting when dealing1354
1488+with any of the matters covered under subsection F.4.1355
1489+b. The Executive Committee shall give five business days advance notice of its public1356
1490+meetings, posted on its website and as determined to provide notice to persons with an1357
1491+interest in the public matters the Executive Committee intends to address at those1358
1492+meetings.1359
1493+5. The Executive Committee may hold an emergency meeting when acting for the1360
1494+Commission to:1361
1495+a. Meet an imminent threat to public health, safety, or welfare;1362
1496+b. Prevent a loss of Commission or Participating State funds; or1363
1497+c. Protect public health and safety.1364
1498+E. The Commission shall adopt and provide to the Member States an annual report.1365
1499+F. Meetings of the Commission1366
1500+1. All meetings of the Commission that are not closed pursuant to this subsection shall1367
1501+be open to the public. Notice of public meetings shall be posted on the Commission's1368
1502+website at least thirty (30) days prior to the public meeting.1369
1503+2. Notwithstanding subsection F.1 of this Article, the Commission may convene an1370
1504+emergency public meeting by providing at least twenty-four (24) hours prior notice on1371
1505+the Commission's website, and any other means as provided in the Commission's Rules,1372
1506+for any of the reasons it may dispense with notice of proposed rulemaking under Article1373
1507+10.L. The Commission's legal counsel shall certify the that one of the reasons justifying1374
1508+an emergency public meeting has been met.1375
1509+3. Notice of all Commission meetings shall provide the time, date, and location of the1376
1510+meeting, and if the meeting is to be held or accessible via telecommunication, video1377
1511+conference, or other electronic means, the notice shall include the mechanism for access1378
1512+to the meeting.1379
1513+H. B. 839 (SUB)
1514+- 54 - 24 LC 36 5789S
1515+4. The Commission may convene in a closed, non-public meeting for the Commission1380
1516+to discuss:1381
1517+a. Non-compliance of a Member State with its obligations under the Compact;1382
1518+b. The employment, compensation, discipline or other matters, practices or procedures1383
1519+related to specific employees or other matters related to the Commission's internal1384
1520+personnel practices and procedures;1385
1521+c. Current or threatened discipline of a Licensee by the Commission or by a Member1386
1522+State's Licensing Authority;1387
1523+d. Current, threatened, or reasonably anticipated litigation;1388
1524+e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real1389
1525+estate;1390
1526+f. Accusing any person of a crime or formally censuring any person;1391
1527+g. Trade secrets or commercial or financial information that is privileged or1392
1528+confidential;1393
1529+h. Information of a personal nature where disclosure would constitute a clearly1394
1530+unwarranted invasion of personal privacy;1395
1531+i. Investigative records compiled for law enforcement purposes;1396
1532+j. Information related to any investigative reports prepared by or on behalf of or for use1397
1533+of the Commission or other committee charged with responsibility of investigation or1398
1534+determination of compliance issues pursuant to the Compact;1399
1535+k. Legal advice;1400
1536+l. Matters specifically exempted from disclosure to the public by federal or Member1401
1537+State law; or1402
1538+m. Other matters as promulgated by the Commission by Rule.1403
1539+5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the1404
1540+meeting will be closed and reference each relevant exempting provision, and such1405
1541+reference shall be recorded in the minutes.1406
1542+H. B. 839 (SUB)
1543+- 55 - 24 LC 36 5789S
1544+6. The Commission shall keep minutes that fully and clearly describe all matters1407
1545+discussed in a meeting and shall provide a full and accurate summary of actions taken,1408
1546+and the reasons therefore, including a description of the views expressed. All documents1409
1547+considered in connection with an action shall be identified in such minutes. All minutes1410
1548+and documents of a closed meeting shall remain under seal, subject to release only by a1411
1549+majority vote of the Commission or order of a court of competent jurisdiction.1412
1550+G. Financing of the Commission1413
1551+1. The Commission shall pay, or provide for the payment of, the reasonable expenses of1414
1552+its establishment, organization, and ongoing activities.1415
1553+2. The Commission may accept any and all appropriate sources of revenue, donations,1416
1554+and grants of money, equipment, supplies, materials, and services.1417
1555+3. The Commission may levy on and collect an annual assessment from each Member1418
1556+State and impose fees on Licensees of Member States to whom it grants a Multistate1419
1557+License to cover the cost of the operations and activities of the Commission and its staff,1420
1558+which must be in a total amount sufficient to cover its annual budget as approved each1421
1559+year for which revenue is not provided by other sources. The aggregate annual1422
1560+assessment amount for Member States shall be allocated based upon a formula that the1423
1561+Commission shall promulgate by Rule.1424
1562+4. The Commission shall not incur obligations of any kind prior to securing the funds1425
1563+adequate to meet the same; nor shall the Commission pledge the credit of any Member1426
1564+States, except by and with the authority of the Member State.1427
1565+5. The Commission shall keep accurate accounts of all receipts and disbursements. The1428
1566+receipts and disbursements of the Commission shall be subject to the financial review and1429
1567+accounting procedures established under its bylaws. All receipts and disbursements of1430
1568+funds handled by the Commission shall be subject to an annual financial review by a1431
1569+certified or licensed public accountant, and the report of the financial review shall be1432
1570+included in and become part of the annual report of the Commission.1433
1571+H. B. 839 (SUB)
1572+- 56 - 24 LC 36 5789S
1573+H. Qualified Immunity, Defense, and Indemnification1434
1574+1. The members, officers, executive director, employees and representatives of the1435
1575+Commission shall be immune from suit and liability, both personally and in their official1436
1576+capacity, for any claim for damage to or loss of property or personal injury or other civil1437
1577+liability caused by or arising out of any actual or alleged act, error, or omission that1438
1578+occurred, or that the person against whom the claim is made had a reasonable basis for1439
1579+believing occurred within the scope of Commission employment, duties or1440
1580+responsibilities; provided that nothing in this paragraph shall be construed to protect any1441
1581+such person from suit or liability for any damage, loss, injury, or liability caused by the1442
1582+intentional or willful or wanton misconduct of that person. The procurement of insurance1443
1583+of any type by the Commission shall not in any way compromise or limit the immunity1444
1584+granted hereunder.1445
1585+2. The Commission shall defend any member, officer, executive director, employee, and1446
1586+representative of the Commission in any civil action seeking to impose liability arising1447
1587+out of any actual or alleged act, error, or omission that occurred within the scope of1448
1588+Commission employment, duties, or responsibilities, or as determined by the Commission1449
1589+that the person against whom the claim is made had a reasonable basis for believing1450
1590+occurred within the scope of Commission employment, duties, or responsibilities;1451
1591+provided that nothing herein shall be construed to prohibit that person from retaining their1452
1592+own counsel at their own expense; and provided further, that the actual or alleged act,1453
1593+error, or omission did not result from that person's intentional or willful or wanton1454
1594+misconduct.1455
1595+3. The Commission shall indemnify and hold harmless any member, officer, executive1456
1596+director, employee, and representative of the Commission for the amount of any1457
1597+settlement or judgment obtained against that person arising out of any actual or alleged1458
1598+act, error, or omission that occurred within the scope of Commission employment, duties,1459
1599+or responsibilities, or that such person had a reasonable basis for believing occurred1460
1600+H. B. 839 (SUB)
1601+- 57 - 24 LC 36 5789S
1602+within the scope of Commission employment, duties, or responsibilities, provided that1461
1603+the actual or alleged act, error, or omission did not result from the intentional or willful1462
1604+or wanton misconduct of that person.1463
1605+4. Nothing herein shall be construed as a limitation on the liability of any Licensee for1464
1606+professional malpractice or misconduct, which shall be governed solely by any other1465
1607+applicable State laws.1466
1608+5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member1467
1609+State's State action immunity or State action affirmative defense with respect to antitrust1468
1610+claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or1469
1611+anticompetitive law or regulation.1470
1612+6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by1471
1613+the Member States or by the Commission.1472
1614+ARTICLE 9- DATA SYSTEM1473
1615+A. The Commission shall provide for the development, maintenance, operation, and1474
1616+utilization of a coordinated database and reporting system.1475
1617+B. The Commission shall assign each applicant for a Multistate License a unique1476
1618+identifier, as determined by the Rules of the Commission.1477
1619+C. Notwithstanding any other provision of State law to the contrary, a Member State shall1478
1620+submit a uniform data set to the Data System on all individuals to whom this Compact is1479
1621+applicable as required by the Rules of the Commission, including:1480
1622+1. Identifying information;1481
1623+2. Licensure data;1482
1624+3. Adverse Actions against a license and information related thereto;1483
1625+4. Non-confidential information related to Alternative Program participation, the1484
1626+beginning and ending dates of such participation, and other information related to such1485
1627+participation;1486
1628+H. B. 839 (SUB)
1629+- 58 - 24 LC 36 5789S
1630+5. Any denial of application for licensure, and the reason(s) for such denial (excluding1487
1631+the reporting of any criminal history record information where prohibited by law);1488
1632+6. The existence of Investigative Information;1489
1633+7. The existence presence of Current Significant Investigative Information; and1490
1634+8. Other information that may facilitate the administration of this Compact or the1491
1635+protection of the public, as determined by the Rules of the Commission.1492
1636+D. The records and information provided to a Member State pursuant to this Compact or1493
1637+through the Data System, when certified by the Commission or an agent thereof, shall1494
1638+constitute the authenticated business records of the Commission, and shall be entitled to1495
1639+any associated hearsay exception in any relevant judicial, quasi-judicial or administrative1496
1640+proceedings in a Member State.1497
1641+E. The existence of Current Significant Investigative Information and the existence of1498
1642+Investigative Information pertaining to a Licensee in any Member State will only be1499
1643+available to other Member States.1500
1644+F. It is the responsibility of the Member States to report any Adverse Action against a1501
1645+Licensee who holds a Multistate License and to monitor the database to determine whether1502
1646+Adverse Action has been taken against such a Licensee or License applicant. Adverse1503
1647+Action information pertaining to a Licensee or License applicant in any Member State will1504
1648+be available to any other Member State.1505
1649+G. Member States contributing information to the Data System may designate information1506
1650+that may not be shared with the public without the express permission of the contributing1507
1651+State.1508
1652+H. Any information submitted to the Data System that is subsequently expunged pursuant1509
1653+to federal law or the laws of the Member State contributing the information shall be1510
1654+removed from the Data System.1511
1655+H. B. 839 (SUB)
1656+- 59 - 24 LC 36 5789S
1657+ARTICLE 10- RULEMAKING1512
1658+A. The Commission shall promulgate reasonable Rules in order to effectively and1513
1659+efficiently implement and administer the purposes and provisions of the Compact. A Rule1514
1660+shall be invalid and have no force or effect only if a court of competent jurisdiction holds1515
1661+that the Rule is invalid because the Commission exercised its rulemaking authority in a1516
1662+manner that is beyond the scope and purposes of the Compact, or the powers granted1517
1663+hereunder, or based upon another applicable standard of review.1518
1664+B. The Rules of the Commission shall have the force of law in each Member State,1519
1665+provided however that where the Rules of the Commission conflict with the laws of the1520
1666+Member State that establish the Member State's scope of practice as held by a court of1521
1667+competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the1522
1668+extent of the conflict.1523
1669+C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth1524
1670+in this article and the Rules adopted thereunder. Rules shall become binding as of the date1525
1671+specified by the Commission for each Rule.1526
1672+D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,1527
1673+by enactment of a statute or resolution in the same manner used to adopt the Compact1528
1674+within four (4) years of the date of adoption of the Rule, then such Rule shall have no1529
1675+further force and effect in any Member State or to any State applying to participate in the1530
1676+Compact.1531
1677+E. Rules shall be adopted at a regular or special meeting of the Commission.1532
1678+F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and1533
1679+allow persons to provide oral and written comments, data, facts, opinions, and arguments.1534
1680+G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days1535
1681+in advance of the meeting at which the Commission will hold a public hearing on the1536
1682+proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:1537
1683+1. On the website of the Commission or other publicly accessible platform;1538
1684+H. B. 839 (SUB)
1685+- 60 - 24 LC 36 5789S
1686+2. To persons who have requested notice of the Commission's notices of proposed1539
1687+rulemaking, and1540
1688+3. In such other way(s) as the Commission may by Rule specify.1541
1689+H. The Notice of Proposed Rulemaking shall include:1542
1690+1. The time, date, and location of the public hearing at which the Commission will hear1543
1691+public comments on the proposed Rule and, if different, the time, date, and location of1544
1692+the meeting where the Commission will consider and vote on the proposed Rule;1545
1693+2. If the hearing is held via telecommunication, video conference, or other electronic1546
1694+means, the Commission shall include the mechanism for access to the hearing in the1547
1695+Notice of Proposed Rulemaking;1548
1696+3. The text of the proposed Rule and the reason therefor;1549
1697+4. A request for comments on the proposed Rule from any interested person; and1550
1698+5. The manner in which interested persons may submit written comments.1551
1699+I. All hearings will be recorded. A copy of the recording and all written comments and1552
1700+documents received by the Commission in response to the proposed Rule shall be available1553
1701+to the public.1554
1702+J. Nothing in this article shall be construed as requiring a separate hearing on each Rule. 1555
1703+Rules may be grouped for the convenience of the Commission at hearings required by this1556
1704+article.1557
1705+K. The Commission shall, by majority vote of all Commissioners, take final action on the1558
1706+proposed Rule based on the Rulemaking record.1559
1707+1. The Commission may adopt changes to the proposed Rule provided the changes do1560
1708+not enlarge the original purpose of the proposed Rule.1561
1709+2. The Commission shall provide an explanation of the reasons for substantive changes1562
1710+made to the proposed Rule as well as reasons for substantive changes not made that were1563
1711+recommended by commenters.1564
1712+H. B. 839 (SUB)
1713+- 61 - 24 LC 36 5789S
1714+3. The Commission shall determine a reasonable effective date for the Rule. Except for1565
1715+an emergency as provided in subsection L of this article, the effective date of the Rule1566
1716+shall be no sooner than thirty (30) days after the Commission issuing the notice that it1567
1717+adopted or amended the Rule.1568
1718+L. Upon determination that an emergency exists, the Commission may consider and adopt1569
1719+an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures1570
1720+provided in the Compact and in this article shall be retroactively applied to the Rule as1571
1721+soon as reasonably possible, in no event later than ninety (90) days after the effective date1572
1722+of the Rule. For the purposes of this provision, an emergency Rule is one that must be1573
1723+adopted immediately to:1574
1724+1. Meet an imminent threat to public health, safety, or welfare;1575
1725+2. Prevent a loss of Commission or Member State funds;1576
1726+3. Meet a deadline for the promulgation of a Rule that is established by federal law or1577
1727+rule; or1578
1728+4. Protect public health and safety.1579
1729+M. The Commission or an authorized committee of the Commission may direct revisions1580
1730+to a previously adopted Rule for purposes of correcting typographical errors, errors in1581
1731+format, errors in consistency, or grammatical errors. Public notice of any revisions shall1582
1732+be posted on the website of the Commission. The revision shall be subject to challenge by1583
1733+any person for a period of thirty (30) days after posting. The revision may be challenged1584
1734+only on grounds that the revision results in a material change to a Rule. A challenge shall1585
1735+be made in writing and delivered to the Commission prior to the end of the notice period. 1586
1736+If no challenge is made, the revision will take effect without further action. If the revision1587
1737+is challenged, the revision may not take effect without the approval of the Commission.1588
1738+N. No Member State's rulemaking requirements shall apply under this Compact.1589
1739+H. B. 839 (SUB)
1740+- 62 - 24 LC 36 5789S
1741+ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT1590
1742+A. Oversight1591
1743+1. The executive and judicial branches of State government in each Member State shall1592
1744+enforce this Compact and take all actions necessary and appropriate to implement the1593
1745+Compact.1594
1746+2. Venue is proper and judicial proceedings by or against the Commission shall be1595
1747+brought solely and exclusively in a court of competent jurisdiction where the principal1596
1748+office of the Commission is located. The Commission may waive venue and1597
1749+jurisdictional defenses to the extent it adopts or consents to participate in alternative1598
1750+dispute resolution proceedings. Nothing herein shall affect or limit the selection or1599
1751+propriety of venue in any action against a Licensee for professional malpractice,1600
1752+misconduct or any such similar matter.1601
1753+3. The Commission shall be entitled to receive service of process in any proceeding1602
1754+regarding the enforcement or interpretation of the Compact and shall have standing to1603
1755+intervene in such a proceeding for all purposes. Failure to provide the Commission1604
1756+service of process shall render a judgment or order void as to the Commission, this1605
1757+Compact, or promulgated Rules.1606
1758+B. Default, Technical Assistance, and Termination1607
1759+1. If the Commission determines that a Member State has defaulted in the performance1608
1760+of its obligations or responsibilities under this Compact or the promulgated Rules, the1609
1761+Commission shall provide written notice to the defaulting State. The notice of default1610
1762+shall describe the default, the proposed means of curing the default, and any other action1611
1763+that the Commission may take, and shall offer training and specific technical assistance1612
1764+regarding the default.1613
1765+2. The Commission shall provide a copy of the notice of default to the other Member1614
1766+States.1615
1767+H. B. 839 (SUB)
1768+- 63 - 24 LC 36 5789S
1769+C. If a State in default fails to cure the default, the defaulting State may be terminated from1616
1770+the Compact upon an affirmative vote of a majority of the delegates of the Member States,1617
1771+and all rights, privileges and benefits conferred on that State by this Compact may be1618
1772+terminated on the effective date of termination. A cure of the default does not relieve the1619
1773+offending State of obligations or liabilities incurred during the period of default.1620
1774+D. Termination of membership in the Compact shall be imposed only after all other means1621
1775+of securing compliance have been exhausted. Notice of intent to suspend or terminate shall1622
1776+be given by the Commission to the governor, the majority and minority leaders of the1623
1777+defaulting State's legislature, the defaulting State's State Licensing Authority and each of1624
1778+the Member States' State Licensing Authority.1625
1779+E. A State that has been terminated is responsible for all assessments, obligations, and1626
1780+liabilities incurred through the effective date of termination, including obligations that1627
1781+extend beyond the effective date of termination.1628
1782+F. Upon the termination of a State's membership from this Compact, that State shall1629
1783+immediately provide notice to all Licensees who hold a Multistate License within that State1630
1784+of such termination. The terminated State shall continue to recognize all licenses granted1631
1785+pursuant to this Compact for a minimum of one hundred eighty (180) days after the date1632
1786+of said notice of termination.1633
1787+G. The Commission shall not bear any costs related to a State that is found to be in default1634
1788+or that has been terminated from the Compact, unless agreed upon in writing between the1635
1789+Commission and the defaulting State.1636
1790+H. The defaulting State may appeal the action of the Commission by petitioning the U.S.1637
1791+District Court for the District of Columbia or the federal district where the Commission has1638
1792+its principal offices. The prevailing party shall be awarded all costs of such litigation,1639
1793+including reasonable attorney's fees.1640
1794+H. B. 839 (SUB)
1795+- 64 - 24 LC 36 5789S
1796+I. Dispute Resolution1641
1797+1. Upon request by a Member State, the Commission shall attempt to resolve disputes1642
1798+related to the Compact that arise among Member States and between Member and1643
1799+non-Member States.1644
1800+2. The Commission shall promulgate a Rule providing for both mediation and binding1645
1801+dispute resolution for disputes as appropriate.1646
1802+J. Enforcement1647
1803+1. The Commission, in the reasonable exercise of its discretion, shall enforce the1648
1804+provisions of this Compact and the Commission's Rules.1649
1805+2. By majority vote as provided by Commission Rule, the Commission may initiate legal1650
1806+action against a Member State in default in the United States District Court for the1651
1807+District of Columbia or the federal district where the Commission has its principal offices1652
1808+to enforce compliance with the provisions of the Compact and its promulgated Rules. 1653
1809+The relief sought may include both injunctive relief and damages. In the event judicial1654
1810+enforcement is necessary, the prevailing party shall be awarded all costs of such1655
1811+litigation, including reasonable attorney's fees. The remedies herein shall not be the1656
1812+exclusive remedies of the Commission. The Commission may pursue any other remedies1657
1813+available under federal or the defaulting Member State's law.1658
1814+3. A Member State may initiate legal action against the Commission in the U.S. District1659
1815+Court for the District of Columbia or the federal district where the Commission has its1660
1816+principal offices to enforce compliance with the provisions of the Compact and its1661
1817+promulgated Rules. The relief sought may include both injunctive relief and damages. 1662
1818+In the event judicial enforcement is necessary, the prevailing party shall be awarded all1663
1819+costs of such litigation, including reasonable attorney's fees.1664
1820+4. No individual or entity other than a Member State may enforce this Compact against1665
1821+the Commission.1666
1822+H. B. 839 (SUB)
1823+- 65 - 24 LC 36 5789S
1824+ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT1667
1825+A. The Compact shall come into effect on the date on which the Compact statute is1668
1826+enacted into law in the seventh Member State.1669
1827+1. On or after the effective date of the Compact, the Commission shall convene and1670
1828+review the enactment of each of the Charter Member States to determine if the statute1671
1829+enacted by each such Charter Member State is materially different than the model1672
1830+Compact statute.1673
1831+a. A Charter Member State whose enactment is found to be materially different from1674
1832+the model Compact statute shall be entitled to the default process set forth in Article 11.1675
1833+b. If any Member State is later found to be in default, or is terminated or withdraws1676
1834+from the Compact, the Commission shall remain in existence and the Compact shall1677
1835+remain in effect even if the number of Member States should be less than seven (7).1678
1836+2. Member States enacting the Compact subsequent to the Charter Member States shall1679
1837+be subject to the process set forth in Article 8.C.23 to determine if their enactments are1680
1838+materially different from the model Compact statute and whether they qualify for1681
1839+participation in the Compact.1682
1840+3. All actions taken for the benefit of the Commission or in furtherance of the purposes1683
1841+of the administration of the Compact prior to the effective date of the Compact or the1684
1842+Commission coming into existence shall be considered to be actions of the Commission1685
1843+unless specifically repudiated by the Commission.1686
1844+4. Any State that joins the Compact shall be subject to the Commission's Rules and1687
1845+bylaws as they exist on the date on which the Compact becomes law in that State. Any1688
1846+Rule that has been previously adopted by the Commission shall have the full force and1689
1847+effect of law on the day the Compact becomes law in that State.1690
1848+B. Any Member State may withdraw from this Compact by enacting a statute repealing1691
1849+that State's enactment of the Compact.1692
1850+H. B. 839 (SUB)
1851+- 66 - 24 LC 36 5789S
1852+1. A Member State's withdrawal shall not take effect until one hundred eighty (180) days1693
1853+after enactment of the repealing statute.1694
1854+2. Withdrawal shall not affect the continuing requirement of the withdrawing State's1695
1855+Licensing Authority to comply with the investigative and Adverse Action reporting1696
1856+requirements of this Compact prior to the effective date of withdrawal.1697
1857+3. Upon the enactment of a statute withdrawing from this Compact, a State shall1698
1858+immediately provide notice of such withdrawal to all Licensees within that State. 1699
1859+Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing1700
1860+State shall continue to recognize all licenses granted pursuant to this Compact for a1701
1861+minimum of 180 days after the date of such notice of withdrawal.1702
1862+C. Nothing contained in this Compact shall be construed to invalidate or prevent any1703
1863+licensure agreement or other cooperative arrangement between a Member State and a1704
1864+non-Member State that does not conflict with the provisions of this Compact.1705
1865+D. This Compact may be amended by the Member States. No amendment to this Compact1706
1866+shall become effective and binding upon any Member State until it is enacted into the laws1707
1867+of all Member States.1708
1868+ARTICLE 13- CONSTRUCTION AND SEVERABILITY1709
1869+A. This Compact and the Commission's rulemaking authority shall be liberally construed1710
1870+so as to effectuate the purposes, and the implementation and administration of the1711
1871+Compact. Provisions of the Compact expressly authorizing or requiring the promulgation1712
1872+of Rules shall not be construed to limit the Commission's rulemaking authority solely for1713
1873+those purposes.1714
1874+B. The provisions of this Compact shall be severable and if any phrase, clause, sentence1715
1875+or provision of this Compact is held by a court of competent jurisdiction to be contrary to1716
1876+the constitution of any Member State, a State seeking participation in the Compact, or of1717
1877+the United States, or the applicability thereof to any government, agency, person or1718
1878+H. B. 839 (SUB)
1879+- 67 - 24 LC 36 5789S
1880+circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity1719
1881+of the remainder of this Compact and the applicability thereof to any other government,1720
1882+agency, person or circumstance shall not be affected thereby.1721
1883+C. Notwithstanding subsection B of this article, the Commission may deny a State's1722
1884+participation in the Compact or, in accordance with the requirements of Article 11.B,1723
1885+terminate a Member State's participation in the Compact, if it determines that a1724
1886+constitutional requirement of a Member State is a material departure from the Compact. 1725
1887+Otherwise, if this Compact shall be held to be contrary to the constitution of any Member1726
1888+State, the Compact shall remain in full force and effect as to the remaining Member States1727
1889+and in full force and effect as to the Member State affected as to all severable matters.1728
1890+ARTICLE 14- CONSISTENT EFFECT AND1729
1891+CONFLICT WITH OTHER STATE LAWS1730
1892+Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State1731
1893+that is not inconsistent with the Compact.1732
1894+Any laws, statutes, regulations, or other legal requirements in a Member State in conflict1733
1895+with the Compact are superseded to the extent of the conflict.1734
1896+All permissible agreements between the Commission and the Member States are binding1735
1897+in accordance with their terms.'"1736
1898+PART III1737
1899+SECTION 3-1.1738
1900+All laws and parts of laws in conflict with this Act are repealed.1739
1901+H. B. 839 (SUB)
1902+- 68 -