Georgia 2023-2024 Regular Session

Georgia Senate Bill SB195 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 SB 195/AP
2		-	Senate Bill 195
3		-	By: Senators Walker III of the 20th, Dugan of the 30th, Kirkpatrick of the 32nd, Ginn of the
4		-	47th, Harbison of the 15th and others
5		-	AS PASSED
	1	+	24 LC 46 0933S
	2	+	Senators Walker of the 20th and Kirkpatrick of the 32nd offered the following
	3	+	substitute to SB 195:
6	4		A BILL TO BE ENTITLED
7	5		AN ACT
8		-	To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
9		-	1
	6	+	To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1
10	7		businesses, so as to enter into an interstate compact known as the "Social Work Licensure2
11	8		Compact"; to authorize the Georgia Composite Board of Professional Counselors, Social3
12	9		Workers, and Marriage and Family Therapists to administer the compact in this state; to4
13	10		provide for a short title; to remove the residency requirement for the issuance of licenses by5
14	11		endorsement for certain professions; to amend Titles 31 and 43 of the Official Code of6
15	12		Georgia Annotated, relating to health and professions and businesses, respectively, so as to7
16	13		change certain provisions relating to soil classifiers and professional land surveyors; to8
17	14		change the necessary experience requirements to qualify as a soil classifier to conduct soil9
18	15		investigations and prepare soil reports for an on-site sewage management system; to revise10
19	16		the definition of "soil classifier"; to provide for educational, experience, and examination11
20	17		requirements for licensure as a professional land surveyor; to change and provide certain12
21	18		provisions related to the issuance of land surveyor intern certificates; to conform a13
22	19		cross-reference; to provide for related matters; to repeal conflicting laws; and for other14
23	20		purposes.15
24	21		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
25		-	S. B. 195
26		-	- 1 - 24 SB 195/AP
27		-	SECTION 1.
28		-	17
	22	+	- 1 - 24 LC 46 0933S
	23	+	SECTION 1.17
29	24		Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,18
30	25		is amended in Code Section 43-10A-5, relating to powers and duties of board, quorum, and19
31	26		meetings, by revising subsection (h) as follows:20
32	27		"(h) The board shall administer the Professional Counselors Licensure Compact contained21
33		-	in Article 2 of this chapter and the Social Work Licensure Compact contained in Article 3
34		-	22
	28	+	in Article 2 of this chapter and the Social Work Licensure Compact contained in Article 322
35	29		of this chapter."23
36	30		SECTION 2.24
37	31		Said title is further amended by adding a new article to read as follows:25
38	32		"ARTICLE 326
39	33		43-10A-60.27
40	34		This article shall be known and may be cited as the 'Social Work Licensure Compact Act.'28
41	35		43-10A-61.29
42	36		The Social Work Licensure Compact is enacted into law and entered into by the State of30
43	37		Georgia with any and all other states legally joining therein in the form substantially as31
44	38		follows:32
45	39		'SOCIAL WORK LICENSURE COMPACT ACT33
46	40		SECTION 1: PURPOSE34
47	41		The purpose of this Compact is to facilitate interstate practice of Regulated Social Workers35
48	42		by improving public access to competent Social Work Services. The Compact preserves the36
49		-	S. B. 195
50		-	- 2 - 24 SB 195/AP
	43	+	- 2 - 24 LC 46 0933S
51	44		regulatory authority of States to protect public health and safety through the current system37
52	45		of State licensure. This Compact is designed to achieve the following objectives:38
53	46		A. Increase public access to Social Work Services;39
54	47		B. Reduce overly burdensome and duplicative requirements associated with holding40
55	48		multiple licenses;41
56	49		C. Enhance the Member States' ability to protect the public's health and safety;42
57	50		D. Encourage the cooperation of Member States in regulating multistate practice;43
58	51		E. Promote mobility and address workforce shortages by eliminating the necessity for44
59	52		licenses in multiple States by providing for the mutual recognition of other Member State45
60	53		licenses;46
61	54		F. Support military families;47
62	55		G. Facilitate the exchange of licensure and disciplinary information among Member States;48
63	56		H. Authorize all Member States to hold a Regulated Social Worker accountable for abiding49
64	57		by the Member State's laws, regulations, and applicable professional standards in the50
65	58		Member State in which the client is located at the time care is rendered; and51
66	59		I. Allow for the use of telehealth to facilitate increased access to regulated Social Work52
67	60		Services.53
68	61		SECTION 2: DEFINITIONS54
69	62		As used in this Compact, and except as otherwise provided, the following definitions shall55
70	63		apply:56
71	64		A. 'Active Military Member' means any individual in full-time duty status in the active57
72	65		armed forces of the United States including members of the National Guard and Reserve.58
73	66		B. 'Adverse Action' means any administrative, civil, equitable or criminal action permitted59
74	67		by a State's laws which is imposed by a Licensing Authority or other authority against a60
75	68		Regulated Social Worker, including actions against an individual's license or Multistate61
76	69		Authorization to Practice such as revocation, suspension, probation, monitoring of the62
77		-	S. B. 195
78		-	- 3 - 24 SB 195/AP
	70	+	- 3 - 24 LC 46 0933S
79	71		Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure63
80	72		affecting a Regulated Social Worker's authorization to practice, including issuance of a64
81	73		cease and desist action.65
82	74		C. 'Alternative Program' means a non-disciplinary monitoring or practice remediation66
83	75		process approved by a Licensing Authority to address practitioners with an Impairment.67
84	76		D. 'Charter Member States' - Member States who have enacted legislation to adopt this68
85	77		Compact where such legislation predates the effective date of this Compact as defined in69
86	78		Section 14.70
87	79		E. 'Compact Commission' or 'Commission' means the government agency whose71
88	80		membership consists of all States that have enacted this Compact, which is known as the72
89	81		Social Work Licensure Compact Commission, as defined in Section 10, and which shall73
90	82		operate as an instrumentality of the Member States.74
91	83		F. 'Current Significant Investigative Information' means:75
92	84		1. Investigative information that a Licensing Authority, after a preliminary inquiry that76
93	85		includes notification and an opportunity for the Regulated Social Worker to respond has77
94	86		reason to believe is not groundless and, if proved true, would indicate more than a minor78
95	87		infraction as may be defined by the Commission; or79
96	88		2. Investigative information that indicates that the Regulated Social Worker represents80
97	89		an immediate threat to public health and safety, as may be defined by the Commission,81
98	90		regardless of whether the Regulated Social Worker has been notified and has had an82
99	91		opportunity to respond.83
100	92		G. 'Data System' means a repository of information about Licensees, including, but not84
101	93		limited to, continuing education, examination, licensure, Current Significant Investigative85
102	94		Information, Disqualifying Event, Multistate License(s) and Adverse Action information86
103	95		or other information as required by the Commission.87
104	96		H. 'Domicile' means the jurisdiction in which the Licensee resides and intends to remain88
105	97		indefinitely.89
106		-	S. B. 195
107		-	- 4 - 24 SB 195/AP
	98	+	- 4 - 24 LC 46 0933S
108	99		I. 'Disqualifying Event' means any Adverse Action or incident which results in an90
109	100		Encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or91
110	101		renew a Multistate License.92
111	102		J. 'Encumbrance' means a revocation or suspension of, or any limitation on, the full and93
112	103		unrestricted practice of Social Work licensed and regulated by a Licensing Authority.94
113	104		K. 'Executive Committee' means a group of delegates elected or appointed to act on behalf95
114	105		of, and within the powers granted to them by, the compact and Commission.96
115	106		L. 'Home State' means the Member State that is the Licensee's primary Domicile.97
116	107		M. 'Impairment' means a condition(s) that may impair a practitioner's ability to engage in98
117	108		full and unrestricted practice as a Regulated Social Worker without some type of99
118	109		intervention and may include, but are not limited to, alcohol and drug dependence, mental100
119	110		health impairment, and neurological or physical impairments.101
120	111		N. 'Licensee(s)' means an individual who currently holds a license from a State to practice102
121	112		as a Regulated Social Worker.103
122	113		O. 'Licensing Authority' means the board or agency of a Member State, or equivalent, that104
123	114		is responsible for the licensing and regulation of Regulated Social Workers.105
124	115		P. 'Member State' means a state, commonwealth, district, or territory of the United States106
125	116		of America that has enacted this Compact.107
126	117		Q. 'Multistate Authorization to Practice' means a legally authorized privilege to practice,108
127	118		which is equivalent to a license, associated with a Multistate License permitting the109
128	119		practice of Social Work in a Remote State.110
129	120		R. 'Multistate License' means a license to practice as a Regulated Social Worker issued by111
130	121		a Home State Licensing Authority that authorizes the Regulated Social Worker to practice112
131	122		in all Member States under Multistate Authorization to Practice.113
132	123		S. 'Qualifying National Exam' means a national licensing examination approved by the114
133	124		Commission.115
134		-	S. B. 195
135		-	- 5 - 24 SB 195/AP
	125	+	- 5 - 24 LC 46 0933S
136	126		T. 'Regulated Social Worker' means any clinical, master's or bachelor's Social Worker116
137	127		licensed by a Member State regardless of the title used by that Member State.117
138	128		U. 'Remote State' means a Member State other than the Licensee's Home State.118
139	129		V. 'Rule(s)' or 'Rule(s) of the Commission' means a regulation or regulations duly119
140	130		promulgated by the Commission, as authorized by the Compact, that has the force of law.120
141	131		W. 'Single State License' means a Social Work license issued by any State that authorizes121
142	132		practice only within the issuing State and does not include Multistate Authorization to122
143	133		Practice in any Member State.123
144	134		X. 'Social Work' or 'Social Work Services' means the application of social work theory,124
145	135		knowledge, methods, ethics, and the professional use of self to restore or enhance social,125
146	136		psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,126
147	137		organizations, and communities through the care and services provided by a Regulated127
148	138		Social Worker as set forth in the Member State's statutes and regulations in the State where128
149	139		the services are being provided.129
150	140		Y. 'State' means any state, commonwealth, district, or territory of the United States of130
151	141		America that regulates the practice of Social Work.131
152	142		Z. 'Unencumbered License' means a license that authorizes a Regulated Social Worker to132
153	143		engage in the full and unrestricted practice of Social Work.133
154	144		SECTION 3: STATE PARTICIPATION IN THE COMPACT134
155	145		A. To be eligible to participate in the compact, a potential Member State must currently135
156	146		meet all of the following criteria:136
157	147		1. License and regulate the practice of Social Work at either the clinical, master's, or137
158	148		bachelor's category.138
159	149		2. Require applicants for licensure to graduate from a program that is:139
160	150		a. Operated by a college or university recognized by the Licensing Authority;140
161		-	S. B. 195
162		-	- 6 - 24 SB 195/AP
	151	+	- 6 - 24 LC 46 0933S
163	152		b. Accredited, or in candidacy by an institution that subsequently becomes accredited,141
164	153		by an accrediting agency recognized by either:142
165	154		i. the Council for Higher Education Accreditation, or its successor; or143
166	155		ii. the United States Department of Education; and144
167	156		c. Corresponds to the licensure sought as outlined in Section 4.145
168	157		3. Require applicants for clinical licensure to complete a period of supervised practice.146
169	158		4. Have a mechanism in place for receiving, investigating, and adjudicating complaints147
170	159		about Licensees.148
171	160		B. To maintain membership in the Compact a Member State shall:149
172	161		1. Require applicants for a Multistate License pass a Qualifying National Exam for the150
173	162		corresponding category of Multistate License sought as outlined in Section 4;151
174	163		2. Participate fully in the Commission's Data System, including using the Commission's152
175	164		unique identifier as defined in Rules;153
176	165		3. Notify the Commission, in compliance with the terms of the Compact and Rules, of154
177	166		any Adverse Action or the availability of Current Significant Investigative Information155
178	167		regarding a Licensee;156
179	168		4. Implement procedures for considering the criminal history records of applicants for a157
180	169		Multistate License. Such procedures shall include the submission of fingerprints or other158
181	170		biometric-based information by applicants for the purpose of obtaining an applicant's159
182	171		criminal history record information from the Federal Bureau of Investigation and the160
183	172		agency responsible for retaining that State's criminal records;161
184	173		5. Comply with the Rules of the Commission;162
185	174		6. Require an applicant to obtain or retain a license in the Home State and meet the Home163
186	175		State's qualifications for licensure or renewal of licensure, as well as all other applicable164
187	176		Home State laws;165
188	177		7. Authorize a Licensee holding a Multistate License in any Member State to practice in166
189	178		accordance with the terms of the Compact and Rules of the Commission; and167
190		-	S. B. 195
191		-	- 7 - 24 SB 195/AP
	179	+	- 7 - 24 LC 46 0933S
192	180		8. Designate a delegate to participate in the Commission meetings.168
193	181		C. A Member State meeting the requirements of Section 3.A. and 3.B of this Compact shall169
194	182		designate the categories of Social Work licensure that are eligible for issuance of a170
195	183		Multistate License for applicants in such Member State. To the extent that any Member171
196	184		State does not meet the requirements for participation in the Compact at any particular172
197	185		category of Social Work licensure, such Member State may choose, but is not obligated to,173
198	186		issue a Multistate License to applicants that otherwise meet the requirements of Section 4174
199	187		for issuance of a Multistate License in such category or categories of licensure.175
200	188		D. The Home State may charge a fee for granting the Multistate License.176
201	189		SECTION 4: SOCIAL WORKER PARTICIPATION IN THE COMPACT177
202	190		A. To be eligible for a Multistate License under the terms and provisions of the Compact,178
203	191		an applicant, regardless of category must:179
204	192		1. Hold or be eligible for an active, Unencumbered License in the Home State;180
205	193		2. Pay any applicable fees, including any State fee, for the Multistate License;181
206	194		3. Submit, in connection with an application for a Multistate License, fingerprints or other182
207	195		biometric data for the purpose of obtaining criminal history record information from the183
208	196		Federal Bureau of Investigation and the agency responsible for retaining that State's184
209	197		criminal records;185
210	198		4. Notify the Home State of any Adverse Action, Encumbrance, or restriction on any186
211	199		professional license taken by any Member State or non-Member State within 30 days187
212	200		from the date the action is taken;188
213	201		5. Meet any continuing competence requirements established by the Home State;189
214	202		6. Abide by the laws, regulations, and applicable standards in the Member State where190
215	203		the client is located at the time care is rendered.191
216	204		B. An applicant for a clinical-category Multistate License must meet all of the following192
217	205		requirements:193
218		-	S. B. 195
219		-	- 8 - 24 SB 195/AP
	206	+	- 8 - 24 LC 46 0933S
220	207		1. Fulfill a competency requirement, which shall be satisfied by either:194
221	208		a. Passage of a clinical-category Qualifying National Exam; or195
222	209		b. Licensure of the applicant in their Home State at the clinical category, beginning196
223	210		prior to such time as a Qualifying National Exam was required by the Home State and197
224	211		accompanied by a period of continuous Social Work licensure thereafter, all of which198
225	212		may be further governed by the Rules of the Commission; or199
226	213		c. The substantial equivalency of the foregoing competency requirements which the200
227	214		Commission may determine by Rule.201
228	215		2. Attain at least a master's degree in Social Work from a program that is:202
229	216		a. Operated by a college or university recognized by the Licensing Authority; and203
230	217		b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting204
231	218		agency recognized by either:205
232	219		i. the Council for Higher Education Accreditation or its successor; or206
233	220		ii. the United States Department of Education.207
234	221		3. Fulfill a practice requirement, which shall be satisfied by demonstrating completion208
235	222		of either:209
236	223		a. A period of postgraduate supervised clinical practice equal to a minimum of three210
237	224		thousand hours; or211
238	225		b. A minimum of two years of full-time postgraduate supervised clinical practice; or212
239	226		c. The substantial equivalency of the foregoing practice requirements which the213
240	227		Commission may determine by Rule.214
241	228		C. An applicant for a master's-category Multistate License must meet all of the following215
242	229		requirements:216
243	230		1. Fulfill a competency requirement, which shall be satisfied by either:217
244	231		a. Passage of a masters-category Qualifying National Exam;218
245	232		b. Licensure of the applicant in their Home State at the master's category, beginning219
246	233		prior to such time as a Qualifying National Exam was required by the Home State at the220
247		-	S. B. 195
248		-	- 9 - 24 SB 195/AP
	234	+	- 9 - 24 LC 46 0933S
249	235		master's category and accompanied by a continuous period of Social Work licensure221
250	236		thereafter, all of which may be further governed by the Rules of the Commission; or222
251	237		c. The substantial equivalency of the foregoing competency requirements which the223
252	238		Commission may determine by Rule.224
253	239		2. Attain at least a master's degree in Social Work from a program that is:225
254	240		a. Operated by a college or university recognized by the Licensing Authority; and226
255	241		b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting227
256	242		agency recognized by either:228
257	243		i. the Council for Higher Education Accreditation or its successor; or229
258	244		ii. the United States Department of Education.230
259	245		D. An applicant for a bachelor's-category Multistate License must meet all of the following231
260	246		requirements:232
261	247		1. Fulfill a competency requirement, which shall be satisfied by either:233
262	248		a. Passage of a bachelor's-category Qualifying National Exam;234
263	249		b. Licensure of the applicant in their Home State at the bachelor's category, beginning235
264	250		prior to such time as a Qualifying National Exam was required by the Home State and236
265	251		accompanied by a period of continuous Social Work licensure thereafter, all of which237
266	252		may be further governed by the Rules of the Commission; or238
267	253		c. The substantial equivalency of the foregoing competency requirements which the239
268	254		Commission may determine by Rule.240
269	255		2. Attain at least a bachelor's degree in Social Work from a program that is:241
270	256		a. Operated by a college or university recognized by the Licensing Authority; and242
271	257		b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting243
272	258		agency recognized by either:244
273	259		i. the Council for Higher Education Accreditation or its successor; or245
274	260		ii. the United States Department of Education.246
275		-	S. B. 195
276		-	- 10 - 24 SB 195/AP
	261	+	- 10 - 24 LC 46 0933S
277	262		E. The Multistate License for a Regulated Social Worker is subject to the renewal247
278	263		requirements of the Home State. The Regulated Social Worker must maintain compliance248
279	264		with the requirements of Section 4(A).249
280	265		F. The Regulated Social Worker's services in a Remote State are subject to that Member250
281	266		State's regulatory authority. A Remote State may, in accordance with due process and that251
282	267		Member State's laws, remove a Regulated Social Worker's Multistate Authorization to252
283	268		Practice in the Remote State for a specific period of time, impose fines, and take any other253
284	269		necessary actions to protect the health and safety of its citizens.254
285	270		G. If a Multistate License is encumbered, the Regulated Social Worker's Multistate255
286	271		Authorization to Practice shall be deactivated in all Remote States until the Multistate256
287	272		License is no longer encumbered.257
288	273		H. If a Multistate Authorization to Practice is encumbered in a Remote State, the regulated258
289	274		Social Worker's Multistate Authorization to Practice may be deactivated in that State until259
290	275		the Multistate Authorization to Practice is no longer encumbered.260
291	276		SECTION 5: ISSUANCE OF A MULTISTATE LICENSE261
292	277		A. Upon receipt of an application for Multistate License, the Home State Licensing262
293	278		Authority shall determine the applicant's eligibility for a Multistate License in accordance263
294	279		with Section 4 of this Compact.264
295	280		B. If such applicant is eligible pursuant to Section 4 of this Compact, the Home State265
296	281		Licensing Authority shall issue a Multistate License that authorizes the applicant or266
297	282		Regulated Social Worker to practice in all Member States under a Multistate Authorization267
298	283		to Practice.268
299	284		C. Upon issuance of a Multistate License, the Home State Licensing Authority shall269
300	285		designate whether the Regulated Social Worker holds a Multistate License in the270
301	286		Bachelors, Masters, or Clinical category of Social Work.271
302		-	S. B. 195
303		-	- 11 - 24 SB 195/AP
	287	+	- 11 - 24 LC 46 0933S
304	288		D. A Multistate License issued by a Home State to a resident in that State shall be272
305	289		recognized by all Compact Member States as authorizing Social Work Practice under a273
306	290		Multistate Authorization to Practice corresponding to each category of licensure regulated274
307	291		in the Member State.275
308	292		SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND276
309	293		MEMBER STATE LICENSING AUTHORITIES277
310	294		A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,278
311	295		restrict, or in any way reduce the ability of a Member State to enact and enforce laws,279
312	296		regulations, or other rules related to the practice of Social Work in that State, where those280
313	297		laws, regulations, or other rules are not inconsistent with the provisions of this Compact.281
314	298		B. Nothing in this Compact shall affect the requirements established by a Member State282
315	299		for the issuance of a Single State License.283
316	300		C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,284
317	301		restrict, or in any way reduce the ability of a Member State to take Adverse Action against285
318	302		a Licensee's Single State License to practice Social Work in that State.286
319	303		D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,287
320	304		restrict, or in any way reduce the ability of a Remote State to take Adverse Action against288
321	305		a Licensee's Authorization to Practice in that State.289
322	306		E. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,290
323	307		restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action291
324	308		against a Licensee's Multistate License based upon information provided by a Remote292
325	309		State.293
326	310		SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STA TE 294
327	311		A. A Licensee may hold a Multistate License, issued by their Home State, in only one295
328	312		Member State at any given time.296
329		-	S. B. 195
330		-	- 12 - 24 SB 195/AP
	313	+	- 12 - 24 LC 46 0933S
331	314		B. If a Licensee changes their Home State by moving between two Member States:297
332	315		1. The Licensee shall immediately apply for the reissuance of their Multistate License in298
333	316		their new Home State. The Licensee shall pay all applicable fees and notify the prior299
334	317		Home State in accordance with the Rules of the Commission.300
335	318		2. Upon receipt of an application to reissue a Multistate License, the new Home State301
336	319		shall verify that the Multistate License is active, unencumbered and eligible for302
337	320		reissuance under the terms of the Compact and the Rules of the Commission. The303
338	321		Multistate License issued by the prior Home State will be deactivated and all Member304
339	322		States notified in accordance with the applicable Rules adopted by the Commission.305
340	323		3. Prior to the reissuance of the Multistate License, the new Home State shall conduct306
341	324		procedures for considering the criminal history records of the Licensee. Such procedures307
342	325		shall include the submission of fingerprints or other biometric-based information by308
343	326		applicants for the purpose of obtaining an applicant's criminal history record information309
344	327		from the Federal Bureau of Investigation and the agency responsible for retaining that310
345	328		State's criminal records.311
346	329		4. If required for initial licensure, the new Home State may require completion of312
347	330		jurisprudence requirements in the new Home State.313
348	331		5. Notwithstanding any other provision of this Compact, if a Licensee does not meet the314
349	332		requirements set forth in this Compact for the reissuance of a Multistate License by the315
350	333		new Home State, then the Licensee shall be subject to the new Home State requirements316
351	334		for the issuance of a Single State License in that State.317
352	335		C. If a Licensee changes their primary State of residence by moving from a Member State318
353	336		to a non-Member State, or from a non-Member State to a Member State, then the Licensee319
354	337		shall be subject to the State requirements for the issuance of a Single State License in the320
355	338		new Home State.321
356		-	S. B. 195
357		-	- 13 - 24 SB 195/AP
	339	+	- 13 - 24 LC 46 0933S
358	340		D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State322
359	341		License in multiple States; however, for the purposes of this Compact, a Licensee shall323
360	342		have only one Home State, and only one Multistate License.324
361	343		E. Nothing in this Compact shall interfere with the requirements established by a Member325
362	344		State for the issuance of a Single State License.326
363	345		SECTION 8: MILITARY FAMILIES 327
364	346		An Active Military Member or their spouse shall designate a Home State where the328
365	347		individual has a Multistate License. The individual may retain their Home State designation329
366	348		during the period the service member is on active duty.330
367	349		SECTION 9: ADVERSE ACTIONS331
368	350		A. In addition to the other powers conferred by State law, a Remote State shall have the332
369	351		authority, in accordance with existing State due process law, to:333
370	352		1. Take Adverse Action against a Regulated Social Worker's Multistate Authorization to334
371	353		Practice only within that Member State, and issue subpoenas for both hearings and335
372	354		investigations that require the attendance and testimony of witnesses as well as the336
373	355		production of evidence. Subpoenas issued by a Licensing Authority in a Member State337
374	356		for the attendance and testimony of witnesses or the production of evidence from another338
375	357		Member State shall be enforced in the latter State by any court of competent jurisdiction,339
376	358		according to the practice and procedure of that court applicable to subpoenas issued in340
377	359		proceedings pending before it. The issuing authority shall pay any witness fees, travel341
378	360		expenses, mileage, and other fees required by the service statutes of the State in which342
379	361		the witnesses or evidence are located.343
380	362		2. Only the Home State shall have the power to take Adverse Action against a Regulated344
381	363		Social Worker's Multistate License.345
382		-	S. B. 195
383		-	- 14 - 24 SB 195/AP
	364	+	- 14 - 24 LC 46 0933S
384	365		B. For purposes of taking Adverse Action, the Home State shall give the same priority and346
385	366		effect to reported conduct received from a Member State as it would if the conduct had347
386	367		occurred within the Home State. In so doing, the Home State shall apply its own State laws348
387	368		to determine appropriate action.349
388	369		C. The Home State shall complete any pending investigations of a Regulated Social350
389	370		Worker who changes their Home State during the course of the investigations. The Home351
390	371		State shall also have the authority to take appropriate action(s) and shall promptly report352
391	372		the conclusions of the investigations to the administrator of the Data System. The353
392	373		administrator of the Data System shall promptly notify the new Home State of any Adverse354
393	374		Actions.355
394	375		D. A Member State, if otherwise permitted by State law, may recover from the affected356
395	376		Regulated Social Worker the costs of investigations and dispositions of cases resulting357
396	377		from any Adverse Action taken against that Regulated Social Worker.358
397	378		E. A Member State may take Adverse Action based on the factual findings of another359
398	379		Member State, provided that the Member State follows its own procedures for taking the360
399	380		Adverse Action.361
400	381		F. Joint Investigations:362
401	382		1. In addition to the authority granted to a Member State by its respective Social Work363
402	383		practice act or other applicable State law, any Member State may participate with other364
403	384		Member States in joint investigations of Licensees.365
404	385		2. Member States shall share any investigative, litigation, or compliance materials in366
405	386		furtherance of any joint or individual investigation initiated under the Compact.367
406	387		G. If Adverse Action is taken by the Home State against the Multistate License of a368
407	388		Regulated Social Worker, the Regulated Social Worker's Multistate Authorization to369
408	389		Practice in all other Member States shall be deactivated until all Encumbrances have been370
409	390		removed from the Multistate License. All Home State disciplinary orders that impose371
410	391		Adverse Action against the license of a Regulated Social Worker shall include a statement372
411		-	S. B. 195
412		-	- 15 - 24 SB 195/AP
	392	+	- 15 - 24 LC 46 0933S
413	393		that the Regulated Social Worker's Multistate Authorization to Practice is deactivated in373
414	394		all Member States until all conditions of the decision, order or agreement are satisfied.374
415	395		H. If a Member State takes Adverse Action, it shall promptly notify the administrator of375
416	396		the Data System. The administrator of the Data System shall promptly notify the Home376
417	397		State and all other Member State's of any Adverse Actions by Remote States.377
418	398		I. Nothing in this Compact shall override a Member State's decision that participation in378
419	399		an Alternative Program may be used in lieu of Adverse Action. Nothing in this Compact379
420	400		shall authorize a Member State to demand the issuance of subpoenas for attendance and380
421	401		testimony of witnesses or the production of evidence from another Member State for lawful381
422	402		actions within that Member State.382
423	403		J. Nothing in this Compact shall authorize a Member State to impose discipline against a383
424	404		Regulated Social Worker who holds a Multistate Authorization to Practice for lawful384
425	405		actions within another Member State.385
426	406		SECTION 10: ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT386
427	407		COMMISSION387
428	408		A. The Compact Member States hereby create and establish a joint government agency388
429	409		whose membership consists of all Member States that have enacted the compact known as389
430	410		the Social Work Licensure Compact Commission. The Commission is an instrumentality390
431	411		of the Compact States acting jointly and not an instrumentality of any one State. The391
432	412		Commission shall come into existence on or after the effective date of the Compact as set392
433	413		forth in Section 14.393
434	414		B. Membership, Voting, and Meetings394
435	415		1. Each Member State shall have and be limited to one (1) delegate selected by that395
436	416		Member State's State Licensing Authority.396
437	417		2. The delegate shall be either:397
438		-	S. B. 195
439		-	- 16 - 24 SB 195/AP
	418	+	- 16 - 24 LC 46 0933S
440	419		a. A current member of the State Licensing Authority at the time of appointment, who398
441	420		is a Regulated Social Worker or public member of the State Licensing Authority; or399
442	421		b. An administrator of the State Licensing Authority or their designee.400
443	422		3. The Commission shall by Rule or bylaw establish a term of office for delegates and401
444	423		may by Rule or bylaw establish term limits.402
445	424		4. The Commission may recommend removal or suspension of any delegate from office.403
446	425		5. A Member State's State Licensing Authority shall fill any vacancy of its delegate404
447	426		occurring on the Commission within 60 days of the vacancy.405
448	427		6. Each delegate shall be entitled to one vote on all matters before the Commission406
449	428		requiring a vote by Commission delegates.407
450	429		7. A delegate shall vote in person or by such other means as provided in the bylaws. The408
451	430		bylaws may provide for delegates to meet by telecommunication, videoconference, or409
452	431		other means of communication.410
453	432		8. The Commission shall meet at least once during each calendar year. Additional411
454	433		meetings may be held as set forth in the bylaws. The Commission may meet by412
455	434		telecommunication, video conference or other similar electronic means.413
456	435		C. The Commission shall have the following powers:414
457	436		1. Establish the fiscal year of the Commission;415
458	437		2. Establish code of conduct and conflict of interest policies;416
459	438		3. Establish and amend Rules and bylaws;417
460	439		4. Maintain its financial records in accordance with the bylaws;418
461	440		5. Meet and take such actions as are consistent with the provisions of this Compact, the419
462	441		Commission's Rules, and the bylaws;420
463	442		6. Initiate and conclude legal proceedings or actions in the name of the Commission,421
464	443		provided that the standing of any State Licensing Board to sue or be sued under422
465	444		applicable law shall not be affected;423
466		-	S. B. 195
467		-	- 17 - 24 SB 195/AP
	445	+	- 17 - 24 LC 46 0933S
468	446		7. Maintain and certify records and information provided to a Member State as the424
469	447		authenticated business records of the Commission, and designate an agent to do so on the425
470	448		Commission's behalf;426
471	449		8. Purchase and maintain insurance and bonds;427
472	450		9. Borrow, accept, or contract for services of personnel, including, but not limited to,428
473	451		employees of a Member State;429
474	452		10. Conduct an annual financial review;430
475	453		11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such431
476	454		individuals appropriate authority to carry out the purposes of the Compact, and establish432
477	455		the Commission's personnel policies and programs relating to conflicts of interest,433
478	456		qualifications of personnel, and other related personnel matters;434
479	457		12. Assess and collect fees;435
480	458		13. Accept any and all appropriate gifts, donations, grants of money, other sources of436
481	459		revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose437
482	460		of the same; provided that at all times the Commission shall avoid any appearance of438
483	461		impropriety or conflict of interest;439
484	462		14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or440
485	463		mixed, or any undivided interest therein;441
486	464		15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any442
487	465		property real, personal, or mixed;443
488	466		16. Establish a budget and make expenditures;444
489	467		17. Borrow money;445
490	468		18. Appoint committees, including standing committees, composed of members, State446
491	469		regulators, State legislators or their representatives, and consumer representatives, and447
492	470		such other interested persons as may be designated in this Compact and the bylaws;448
493	471		19. Provide and receive information from, and cooperate with, law enforcement agencies;449
494	472		20. Establish and elect an Executive Committee, including a chair and a vice chair;450
495		-	S. B. 195
496		-	- 18 - 24 SB 195/AP
	473	+	- 18 - 24 LC 46 0933S
497	474		21. Determine whether a State's adopted language is materially different from the model451
498	475		compact language such that the State would not qualify for participation in the Compact;452
499	476		and453
500	477		22. Perform such other functions as may be necessary or appropriate to achieve the454
501	478		purposes of this Compact.455
502	479		D. The Executive Committee456
503	480		1. The Executive Committee shall have the power to act on behalf of the Commission457
504	481		according to the terms of this Compact. The powers, duties, and responsibilities of the458
505	482		Executive Committee shall include:459
506	483		a. Oversee the day-to-day activities of the administration of the compact including460
507	484		enforcement and compliance with the provisions of the compact, its Rules and bylaws,461
508	485		and other such duties as deemed necessary;462
509	486		b. Recommend to the Commission changes to the Rules or bylaws, changes to this463
510	487		Compact legislation, fees charged to Compact Member States, fees charged to464
511	488		Licensees, and other fees;465
512	489		c. Ensure Compact administration services are appropriately provided, including by466
513	490		contract; 467
514	491		d. Prepare and recommend the budget;468
515	492		e. Maintain financial records on behalf of the Commission;469
516	493		f. Monitor Compact compliance of Member States and provide compliance reports to470
517	494		the Commission;471
518	495		g. Establish additional committees as necessary;472
519	496		h. Exercise the powers and duties of the Commission during the interim between473
520	497		Commission meetings, except for adopting or amending Rules, adopting or amending474
521	498		bylaws, and exercising any other powers and duties expressly reserved to the475
522	499		Commission by Rule or bylaw; and476
523	500		i. Other duties as provided in the Rules or bylaws of the Commission.477
524		-	S. B. 195
525		-	- 19 - 24 SB 195/AP
	501	+	- 19 - 24 LC 46 0933S
526	502		2. The Executive Committee shall be composed of up to eleven (11) members:478
527	503		a. The chair and vice chair of the Commission shall be voting members of the479
528	504		Executive Committee.480
529	505		b. The Commission shall elect five voting members from the current membership of the481
530	506		Commission.482
531	507		c. Up to four (4) ex-officio, nonvoting members from four (4) recognized national483
532	508		Social Work organizations.484
533	509		d. The ex-officio members will be selected by their respective organizations.485
534	510		3. The Commission may remove any member of the Executive Committee as provided486
535	511		in the Commission's bylaws.487
536	512		4. The Executive Committee shall meet at least annually.488
537	513		a. Executive Committee meetings shall be open to the public, except that the Executive489
538	514		Committee may meet in a closed, non-public meeting as provided in subsection F.2490
539	515		below.491
540	516		b. The Executive Committee shall give seven (7) days' notice of its meetings, posted492
541	517		on its website and as determined to provide notice to persons with an interest in the493
542	518		business of the Commission.494
543	519		c. The Executive Committee may hold a special meeting in accordance with subsection495
544	520		F.1.b. below.496
545	521		E. The Commission shall adopt and provide to the Member States an annual report.497
546	522		F. Meetings of the Commission498
547	523		1. All meetings shall be open to the public, except that the Commission may meet in a499
548	524		closed, non-public meeting as provided in subsection F.2 below.500
549	525		a. Public notice for all meetings of the full Commission of meetings shall be given in501
550	526		the same manner as required under the Rulemaking provisions in Section 12, except502
551	527		that the Commission may hold a special meeting as provided in subsection F.1.b below.503
552		-	S. B. 195
553		-	- 20 - 24 SB 195/AP
	528	+	- 20 - 24 LC 46 0933S
554	529		b. The Commission may hold a special meeting when it must meet to conduct504
555	530		emergency business by giving 48 hours' notice to all commissioners, on the505
556	531		Commission's website, and other means as provided in the Commission's Rules. The506
557	532		Commission's legal counsel shall certify that the Commission's need to meet qualifies507
558	533		as an emergency.508
559	534		2. The Commission or the Executive Committee or other committees of the Commission509
560	535		may convene in a closed, non-public meeting for the Commission or Executive510
561	536		Committee or other committees of the Commission to receive legal advice or to discuss:511
562	537		a. Non-compliance of a Member State with its obligations under the Compact;512
563	538		b. The employment, compensation, discipline or other matters, practices or procedures513
564	539		related to specific employees;514
565	540		c. Current or threatened discipline of a Licensee by the Commission or by a Member515
566	541		State's Licensing Authority;516
567	542		d. Current, threatened, or reasonably anticipated litigation;517
568	543		e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real518
569	544		estate; 519
570	545		f. Accusing any person of a crime or formally censuring any person;520
571	546		g. Trade secrets or commercial or financial information that is privileged or521
572	547		confidential;522
573	548		h. Information of a personal nature where disclosure would constitute a clearly523
574	549		unwarranted invasion of personal privacy;524
575	550		i. Investigative records compiled for law enforcement purposes;525
576	551		j. Information related to any investigative reports prepared by or on behalf of or for use526
577	552		of the Commission or other committee charged with responsibility of investigation or527
578	553		determination of compliance issues pursuant to the Compact;528
579	554		k. Matters specifically exempted from disclosure by federal or Member State law; or529
580	555		l. Other matters as promulgated by the Commission by Rule.530
581		-	S. B. 195
582		-	- 21 - 24 SB 195/AP
	556	+	- 21 - 24 LC 46 0933S
583	557		3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the531
584	558		meeting will be closed and reference each relevant exempting provision, and such532
585	559		reference shall be recorded in the minutes.533
586	560		4. The Commission shall keep minutes that fully and clearly describe all matters534
587	561		discussed in a meeting and shall provide a full and accurate summary of actions taken,535
588	562		and the reasons therefore, including a description of the views expressed. All documents536
589	563		considered in connection with an action shall be identified in such minutes. All minutes537
590	564		and documents of a closed meeting shall remain under seal, subject to release only by a538
591	565		majority vote of the Commission or order of a court of competent jurisdiction.539
592	566		G. Financing of the Commission540
593	567		1. The Commission shall pay, or provide for the payment of, the reasonable expenses of541
594	568		its establishment, organization, and ongoing activities.542
595	569		2. The Commission may accept any and all appropriate revenue sources as provided in543
596	570		subsection C(13).544
597	571		3. The Commission may levy on and collect an annual assessment from each Member545
598	572		State and impose fees on Licensees of Member States to whom it grants a Multistate546
599	573		License to cover the cost of the operations and activities of the Commission and its staff,547
600	574		which must be in a total amount sufficient to cover its annual budget as approved each548
601	575		year for which revenue is not provided by other sources. The aggregate annual549
602	576		assessment amount for Member States shall be allocated based upon a formula that the550
603	577		Commission shall promulgate by Rule.551
604	578		4. The Commission shall not incur obligations of any kind prior to securing the funds552
605	579		adequate to meet the same; nor shall the Commission pledge the credit of any of the553
606	580		Member States, except by and with the authority of the Member State.554
607	581		5. The Commission shall keep accurate accounts of all receipts and disbursements. The555
608	582		receipts and disbursements of the Commission shall be subject to the financial review and556
609	583		accounting procedures established under its bylaws. However, all receipts and557
610		-	S. B. 195
611		-	- 22 - 24 SB 195/AP
	584	+	- 22 - 24 LC 46 0933S
612	585		disbursements of funds handled by the Commission shall be subject to an annual financial558
613	586		review by a certified or licensed public accountant, and the report of the financial review559
614	587		shall be included in and become part of the annual report of the Commission.560
615	588		H. Qualified Immunity, Defense, and Indemnification561
616	589		1. The members, officers, executive director, employees and representatives of the562
617	590		Commission shall be immune from suit and liability, both personally and in their official563
618	591		capacity, for any claim for damage to or loss of property or personal injury or other civil564
619	592		liability caused by or arising out of any actual or alleged act, error, or omission that565
620	593		occurred, or that the person against whom the claim is made had a reasonable basis for566
621	594		believing occurred within the scope of Commission employment, duties or567
622	595		responsibilities; provided that nothing in this paragraph shall be construed to protect any568
623	596		such person from suit or liability for any damage, loss, injury, or liability caused by the569
624	597		intentional or willful or wanton misconduct of that person. The procurement of insurance570
625	598		of any type by the Commission shall not in any way compromise or limit the immunity571
626	599		granted hereunder.572
627	600		2. The Commission shall defend any member, officer, executive director, employee, and573
628	601		representative of the Commission in any civil action seeking to impose liability arising574
629	602		out of any actual or alleged act, error, or omission that occurred within the scope of575
630	603		Commission employment, duties, or responsibilities, or as determined by the Commission576
631	604		that the person against whom the claim is made had a reasonable basis for believing577
632	605		occurred within the scope of Commission employment, duties, or responsibilities;578
633	606		provided that nothing herein shall be construed to prohibit that person from retaining their579
634	607		own counsel at their own expense; and provided further, that the actual or alleged act,580
635	608		error, or omission did not result from that person's intentional or willful or wanton581
636	609		misconduct.582
637	610		3. The Commission shall indemnify and hold harmless any member, officer, executive583
638	611		director, employee, and representative of the Commission for the amount of any584
639		-	S. B. 195
640		-	- 23 - 24 SB 195/AP
	612	+	- 23 - 24 LC 46 0933S
641	613		settlement or judgment obtained against that person arising out of any actual or alleged585
642	614		act, error, or omission that occurred within the scope of Commission employment, duties,586
643	615		or responsibilities, or that such person had a reasonable basis for believing occurred587
644	616		within the scope of Commission employment, duties, or responsibilities, provided that588
645	617		the actual or alleged act, error, or omission did not result from the intentional or willful589
646	618		or wanton misconduct of that person.590
647	619		4. Nothing herein shall be construed as a limitation on the liability of any Licensee for591
648	620		professional malpractice or misconduct, which shall be governed solely by any other592
649	621		applicable State laws.593
650	622		5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member594
651	623		State's state action immunity or state action affirmative defense with respect to antitrust595
652	624		claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or596
653	625		anticompetitive law or regulation.597
654	626		6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by598
655	627		the Member States or by the Commission.599
656	628		SECTION 11: DATA SYSTEM600
657	629		A. The Commission shall provide for the development, maintenance, operation, and601
658	630		utilization of a coordinated database and reporting system containing licensure, Adverse602
659	631		Action, and the presence of Current Significant Investigative Information on all licensed603
660	632		individuals in Member States.604
661	633		B. The Commission shall assign each applicant for a Multistate License a unique identifier,605
662	634		as determined by the Rules of the Commission.606
663	635		C. Notwithstanding any other provision of State law to the contrary, a Member State shall607
664	636		submit a uniform data set to the Data System on all individuals to whom this Compact is608
665	637		applicable as required by the Rules of the Commission, including:609
666	638		1. Identifying information;610
667		-	S. B. 195
668		-	- 24 - 24 SB 195/AP
	639	+	- 24 - 24 LC 46 0933S
669	640		2. Licensure data;611
670	641		3. Adverse Actions against a license and information related thereto;612
671	642		4. Non-confidential information related to Alternative Program participation, the613
672	643		beginning and ending dates of such participation, and other information related to such614
673	644		participation not made confidential under Member State law;615
674	645		5. Any denial of application for licensure, and the reason(s) for such denial;616
675	646		6. The presence of Current Significant Investigative Information; and617
676	647		7. Other information that may facilitate the administration of this Compact or the618
677	648		protection of the public, as determined by the Rules of the Commission.619
678	649		D. The records and information provided to a Member State pursuant to this Compact or620
679	650		through the Data System, when certified by the Commission or an agent thereof, shall621
680	651		constitute the authenticated business records of the Commission, and shall be entitled to622
681	652		any associated hearsay exception in any relevant judicial, quasi-judicial or administrative623
682	653		proceedings in a Member State.624
683	654		E. Current Significant Investigative Information pertaining to a Licensee in any Member625
684	655		State will only be available to other Member States.626
685	656		1. It is the responsibility of the Member States to report any Adverse Action against a627
686	657		Licensee and to monitor the database to determine whether Adverse Action has been628
687	658		taken against a Licensee. Adverse Action information pertaining to a Licensee in any629
688	659		Member State will be available to any other Member State.630
689	660		F. Member States contributing information to the Data System may designate information631
690	661		that may not be shared with the public without the express permission of the contributing632
691	662		State.633
692	663		G. Any information submitted to the Data System that is subsequently expunged pursuant634
693	664		to federal law or the laws of the Member State contributing the information shall be635
694	665		removed from the Data System.636
695		-	S. B. 195
696		-	- 25 - 24 SB 195/AP
	666	+	- 25 - 24 LC 46 0933S
697	667		SECTION 12: RULEMAKING637
698	668		A. The Commission shall promulgate reasonable Rules in order to effectively and638
699	669		efficiently implement and administer the purposes and provisions of the Compact. A Rule639
700	670		shall be invalid and have no force or effect only if a court of competent jurisdiction holds640
701	671		that the Rule is invalid because the Commission exercised its rulemaking authority in a641
702	672		manner that is beyond the scope and purposes of the Compact, or the powers granted642
703	673		hereunder, or based upon another applicable standard of review.643
704	674		B. The Rules of the Commission shall have the force of law in each Member State,644
705	675		provided however that where the Rules of the Commission conflict with the laws of the645
706	676		Member State that establish the Member State's laws, regulations, and applicable standards646
707	677		as held by a court of competent jurisdiction, the Rules of the Commission shall be647
708	678		ineffective in that State to the extent of the conflict.648
709	679		C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth649
710	680		in this Section and the Rules adopted thereunder. Rules shall become binding on the day650
711	681		following adoption or the date specified in the rule or amendment, whichever is later.651
712	682		D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,652
713	683		by enactment of a statute or resolution in the same manner used to adopt the Compact653
714	684		within four (4) years of the date of adoption of the Rule, then such Rule shall have no654
715	685		further force and effect in any Member State.655
716	686		E. Rules shall be adopted at a regular or special meeting of the Commission.656
717	687		F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and657
718	688		allow persons to provide oral and written comments, data, facts, opinions, and arguments. 658
719	689		G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days659
720	690		in advance of the meeting at which the Commission will hold a public hearing on the660
721	691		proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:661
722	692		1. On the website of the Commission or other publicly accessible platform;662
723		-	S. B. 195
724		-	- 26 - 24 SB 195/AP
	693	+	- 26 - 24 LC 46 0933S
725	694		2. To persons who have requested notice of the Commission's notices of proposed663
726	695		rulemaking, and664
727	696		3. In such other way(s) as the Commission may by Rule specify.665
728	697		H. The Notice of Proposed Rulemaking shall include:666
729	698		1. The time, date, and location of the public hearing at which the Commission will hear667
730	699		public comments on the proposed Rule and, if different, the time, date, and location of668
731	700		the meeting where the Commission will consider and vote on the proposed Rule;669
732	701		2. If the hearing is held via telecommunication, video conference, or other electronic670
733	702		means, the Commission shall include the mechanism for access to the hearing in the671
734	703		Notice of Proposed Rulemaking;672
735	704		3. The text of the proposed Rule and the reason therefor;673
736	705		4. A request for comments on the proposed Rule from any interested person; and674
737	706		5. The manner in which interested persons may submit written comments.675
738	707		I. All hearings will be recorded. A copy of the recording and all written comments and676
739	708		documents received by the Commission in response to the proposed Rule shall be available677
740	709		to the public.678
741	710		J. Nothing in this section shall be construed as requiring a separate hearing on each Rule.679
742	711		Rules may be grouped for the convenience of the Commission at hearings required by this680
743	712		section.681
744	713		K. The Commission shall, by majority vote of all members, take final action on the682
745	714		proposed Rule based on the Rulemaking record and the full text of the Rule.683
746	715		1. The Commission may adopt changes to the proposed Rule provided the changes do not684
747	716		enlarge the original purpose of the proposed Rule.685
748	717		2. The Commission shall provide an explanation of the reasons for substantive changes686
749	718		made to the proposed Rule as well as reasons for substantive changes not made that were687
750	719		recommended by commenters.688
751		-	S. B. 195
752		-	- 27 - 24 SB 195/AP
	720	+	- 27 - 24 LC 46 0933S
753	721		3. The Commission shall determine a reasonable effective date for the Rule. Except for689
754	722		an emergency as provided in Section 12.L, the effective date of the rule shall be no690
755	723		sooner than 30 days after issuing the notice that it adopted or amended the Rule.691
756	724		L. Upon determination that an emergency exists, the Commission may consider and adopt692
757	725		an emergency Rule with 48 hours' notice, with opportunity to comment, provided that the693
758	726		usual Rulemaking procedures provided in the Compact and in this section shall be694
759	727		retroactively applied to the Rule as soon as reasonably possible, in no event later than695
760	728		ninety (90) days after the effective date of the Rule. For the purposes of this provision, an696
761	729		emergency Rule is one that must be adopted immediately in order to:697
762	730		1. Meet an imminent threat to public health, safety, or welfare;698
763	731		2. Prevent a loss of Commission or Member State funds;699
764	732		3. Meet a deadline for the promulgation of a Rule that is established by federal law or700
765	733		rule; or701
766	734		4. Protect public health and safety.702
767	735		M. The Commission or an authorized committee of the Commission may direct revisions703
768	736		to a previously adopted Rule for purposes of correcting typographical errors, errors in704
769	737		format, errors in consistency, or grammatical errors. Public notice of any revisions shall be705
770	738		posted on the website of the Commission. The revision shall be subject to challenge by any706
771	739		person for a period of thirty (30) days after posting. The revision may be challenged only707
772	740		on grounds that the revision results in a material change to a Rule. A challenge shall be708
773	741		made in writing and delivered to the Commission prior to the end of the notice period. If709
774	742		no challenge is made, the revision will take effect without further action. If the revision is710
775	743		challenged, the revision may not take effect without the approval of the Commission.711
776	744		N. No Member State's rulemaking requirements shall apply under this compact.712
777		-	S. B. 195
778		-	- 28 - 24 SB 195/AP
	745	+	- 28 - 24 LC 46 0933S
779	746		SECTION 13: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT713
780	747		A. Oversight714
781	748		1. The executive and judicial branches of State government in each Member State shall715
782	749		enforce this Compact and take all actions necessary and appropriate to implement the716
783	750		Compact.717
784	751		2. Except as otherwise provided in this Compact, venue is proper and judicial718
785	752		proceedings by or against the Commission shall be brought solely and exclusively in a719
786	753		court of competent jurisdiction where the principal office of the Commission is located.720
787	754		The Commission may waive venue and jurisdictional defenses to the extent it adopts or721
788	755		consents to participate in alternative dispute resolution proceedings. Nothing herein shall722
789	756		affect or limit the selection or propriety of venue in any action against a Licensee for723
790	757		professional malpractice, misconduct or any such similar matter.724
791	758		3. The Commission shall be entitled to receive service of process in any proceeding725
792	759		regarding the enforcement or interpretation of the Compact and shall have standing to726
793	760		intervene in such a proceeding for all purposes. Failure to provide the Commission727
794	761		service of process shall render a judgment or order void as to the Commission, this728
795	762		Compact, or promulgated Rules.729
796	763		B. Default, Technical Assistance, and Termination730
797	764		1. If the Commission determines that a Member State has defaulted in the performance731
798	765		of its obligations or responsibilities under this Compact or the promulgated Rules, the732
799	766		Commission shall provide written notice to the defaulting State. The notice of default733
800	767		shall describe the default, the proposed means of curing the default, and any other action734
801	768		that the Commission may take, and shall offer training and specific technical assistance735
802	769		regarding the default.736
803	770		2. The Commission shall provide a copy of the notice of default to the other Member737
804	771		States.738
805		-	S. B. 195
806		-	- 29 - 24 SB 195/AP
	772	+	- 29 - 24 LC 46 0933S
807	773		C. If a State in default fails to cure the default, the defaulting State may be terminated from739
808	774		the Compact upon an affirmative vote of a majority of the delegates of the Member States,740
809	775		and all rights, privileges and benefits conferred on that State by this Compact may be741
810	776		terminated on the effective date of termination. A cure of the default does not relieve the742
811	777		offending State of obligations or liabilities incurred during the period of default.743
812	778		D. Termination of membership in the Compact shall be imposed only after all other means744
813	779		of securing compliance have been exhausted. Notice of intent to suspend or terminate shall745
814	780		be given by the Commission to the governor, the majority and minority leaders of the746
815	781		defaulting State's legislature, the defaulting State's State Licensing Authority and each of747
816	782		the Member States' State Licensing Authority.748
817	783		E. A State that has been terminated is responsible for all assessments, obligations, and749
818	784		liabilities incurred through the effective date of termination, including obligations that750
819	785		extend beyond the effective date of termination.751
820	786		F. Upon the termination of a State's membership from this Compact, that State shall752
821	787		immediately provide notice to all Licensees within that State of such termination. The753
822	788		terminated State shall continue to recognize all licenses granted pursuant to this Compact754
823	789		for a minimum of six (6) months after the date of said notice of termination.755
824	790		G. The Commission shall not bear any costs related to a State that is found to be in default756
825	791		or that has been terminated from the Compact, unless agreed upon in writing between the757
826	792		Commission and the defaulting State.758
827	793		H. The defaulting State may appeal the action of the Commission by petitioning the U.S.759
828	794		District Court for the District of Columbia or the federal district where the Commission has760
829	795		its principal offices. The prevailing party shall be awarded all costs of such litigation,761
830	796		including reasonable attorney's fees.762
831	797		I. Dispute Resolution763
832		-	S. B. 195
833		-	- 30 - 24 SB 195/AP
	798	+	- 30 - 24 LC 46 0933S
834	799		1. Upon request by a Member State, the Commission shall attempt to resolve disputes764
835	800		related to the Compact that arise among Member States and between Member and765
836	801		non-Member States.766
837	802		2. The Commission shall promulgate a Rule providing for both mediation and binding767
838	803		dispute resolution for disputes as appropriate.768
839	804		J. Enforcement769
840	805		1. By majority vote as provided by Rule, the Commission may initiate legal action against770
841	806		a Member State in default in the United States District Court for the District of Columbia771
842	807		or the federal district where the Commission has its principal offices to enforce772
843	808		compliance with the provisions of the Compact and its promulgated Rules. The relief773
844	809		sought may include both injunctive relief and damages. In the event judicial enforcement774
845	810		is necessary, the prevailing party shall be awarded all costs of such litigation, including775
846	811		reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the776
847	812		Commission. The Commission may pursue any other remedies available under federal777
848	813		or the defaulting Member State's law.778
849	814		2. A Member State may initiate legal action against the Commission in the U.S. District779
850	815		Court for the District of Columbia or the federal district where the Commission has its780
851	816		principal offices to enforce compliance with the provisions of the Compact and its781
852	817		promulgated Rules. The relief sought may include both injunctive relief and damages. In782
853	818		the event judicial enforcement is necessary, the prevailing party shall be awarded all costs783
854	819		of such litigation, including reasonable attorney's fees.784
855	820		3. No person other than a Member State shall enforce this compact against the785
856	821		Commission.786
857	822		SECTION 14: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT787
858	823		A. The Compact shall come into effect on the date on which the Compact statute is enacted788
859	824		into law in the seventh Member State.789
860		-	S. B. 195
861		-	- 31 - 24 SB 195/AP
	825	+	- 31 - 24 LC 46 0933S
862	826		1. On or after the effective date of the Compact, the Commission shall convene and790
863	827		review the enactment of each of the first seven Member States ('Charter Member States')791
864	828		to determine if the statute enacted by each such Charter Member State is materially792
865	829		different than the model Compact statute.793
866	830		a. A Charter Member State whose enactment is found to be materially different from794
867	831		the model Compact statute shall be entitled to the default process set forth in795
868	832		Section 13.796
869	833		b. If any Member State is later found to be in default, or is terminated or withdraws797
870	834		from the Compact, the Commission shall remain in existence and the Compact shall798
871	835		remain in effect even if the number of Member States should be less than seven.799
872	836		2. Member States enacting the Compact subsequent to the seven initial Charter Member800
873	837		States shall be subject to the process set forth in Section 10(C)(21) to determine if their801
874	838		enactments are materially different from the model Compact statute and whether they802
875	839		qualify for participation in the Compact.803
876	840		3. All actions taken for the benefit of the Commission or in furtherance of the purposes804
877	841		of the administration of the Compact prior to the effective date of the Compact or the805
878	842		Commission coming into existence shall be considered to be actions of the Commission806
879	843		unless specifically repudiated by the Commission.807
880	844		4. Any State that joins the Compact subsequent to the Commission's initial adoption of808
881	845		the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date809
882	846		on which the Compact becomes law in that State. Any Rule that has been previously810
883	847		adopted by the Commission shall have the full force and effect of law on the day the811
884	848		Compact becomes law in that State.812
885	849		B. Any Member State may withdraw from this Compact by enacting a statute repealing the813
886	850		same.814
887	851		1. A Member State's withdrawal shall not take effect until 180 days after enactment of815
888	852		the repealing statute.816
889		-	S. B. 195
890		-	- 32 - 24 SB 195/AP
	853	+	- 32 - 24 LC 46 0933S
891	854		2. Withdrawal shall not affect the continuing requirement of the withdrawing State's817
892	855		Licensing Authority to comply with the investigative and Adverse Action reporting818
893	856		requirements of this Compact prior to the effective date of withdrawal.819
894	857		3. Upon the enactment of a statute withdrawing from this compact, a State shall820
895	858		immediately provide notice of such withdrawal to all Licensees within that State.821
896	859		Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing822
897	860		State shall continue to recognize all licenses granted pursuant to this compact for a823
898	861		minimum of six (6) months after the date of such notice of withdrawal.824
899	862		C. Nothing contained in this Compact shall be construed to invalidate or prevent any825
900	863		licensure agreement or other cooperative arrangement between a Member State and a826
901	864		non-Member State that does not conflict with the provisions of this Compact.827
902	865		D. This Compact may be amended by the Member States. No amendment to this Compact828
903	866		shall become effective and binding upon any Member State until it is enacted into the laws829
904	867		of all Member States.830
905	868		SECTION 15: CONSTRUCTION AND SEVERABILITY831
906	869		A. This Compact and the Commission's rulemaking authority shall be liberally construed832
907	870		so as to effectuate the purposes, and the implementation and administration of the833
908	871		Compact. Provisions of the Compact expressly authorizing or requiring the promulgation834
909	872		of Rules shall not be construed to limit the Commission's rulemaking authority solely for835
910	873		those purposes.836
911	874		B. The provisions of this Compact shall be severable and if any phrase, clause, sentence837
912	875		or provision of this Compact is held by a court of competent jurisdiction to be contrary to838
913	876		the constitution of any Member State, a State seeking participation in the Compact, or of839
914	877		the United States, or the applicability thereof to any government, agency, person or840
915	878		circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity841
916		-	S. B. 195
917		-	- 33 - 24 SB 195/AP
	879	+	- 33 - 24 LC 46 0933S
918	880		of the remainder of this Compact and the applicability thereof to any other government,842
919	881		agency, person or circumstance shall not be affected thereby.843
920	882		C. Notwithstanding subsection B of this section, the Commission may deny a State's844
921	883		participation in the Compact or, in accordance with the requirements of Section 13.B,845
922	884		terminate a Member State's participation in the Compact, if it determines that a846
923	885		constitutional requirement of a Member State is a material departure from the Compact.847
924	886		Otherwise, if this Compact shall be held to be contrary to the constitution of any Member848
925	887		State, the Compact shall remain in full force and effect as to the remaining Member States849
926	888		and in full force and effect as to the Member State affected as to all severable matters.850
927	889		SECTION 16: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAW S 851
928	890		A. A Licensee providing services in a Remote State under a Multistate Authorization to852
929	891		Practice shall adhere to the laws and regulations, including laws, regulations, and853
930	892		applicable standards, of the Remote State where the client is located at the time care is854
931	893		rendered.855
932	894		B. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member856
933	895		State that is not inconsistent with the Compact.857
934	896		C. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict858
935	897		with the Compact are superseded to the extent of the conflict.859
936	898		D. All permissible agreements between the Commission and the Member States are binding860
937	899		in accordance with their terms.'"861
938	900		SECTION 3.862
939	901		Said title is further amended by revising subsection (c) of Code Section 43-1-35, relating to863
940	902		expedited license by endorsement for spouses of active or transitioning members of the864
941	903		armed forces and license by endorsement for certain professions, as follows:865
942		-	S. B. 195
943		-	- 34 - 24 SB 195/AP
944		-	"(c) Notwithstanding any other provisions of law, a professional licensing board or other
945		-	866
	904	+	- 34 - 24 LC 46 0933S
	905	+	"(c) Notwithstanding any other provisions of law, a professional licensing board or other866
946	906		board shall issue a license by endorsement to any individual seeking licensure for a867
947	907		profession other than that of a firefighter, healthcare provider, or a law enforcement officer,868
948	908		provided that such individual has:869
949		-	(1) Moved from another state and established residency in this state;
950		-	870
	909	+	(1) Moved from another state and established residency in this state;870
951	910		(2) Holds a current license to practice such occupation or profession issued by another871
952	911		state prior to establishing residency in this state for which the training, experience, and872
953	912		testing are substantially similar in qualifications and scope to the requirements under this873
954	913		state to obtain a license;874
955	914		(3)(2) Is in good standing in such other state and is not the subject of an investigation or875
956	915		a disciplinary proceeding being conducted by a professional licensing board or other876
957	916		board in such other state; and877
958	917		(4)(3) Passes any examination that may only be required to demonstrate knowledge of878
959	918		the laws and rules and regulations of this state specific to the practice of the profession,879
960	919		business, or trade for which such license by endorsement is being sought."880
961	920		SECTION 4.881
962	921		Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising882
963	922		subsection (d) of Code Section 31-3-5, relating to functions of county boards of health, as883
964	923		follows:884
965	924		"(d)(1) Any person may register with the department to conduct soil investigations and885
966	925		prepare soil reports of a site within the state for an on-site sewage management system886
967	926		who meets any one of the following criteria:887
968	927		(A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this888
969	928		subsection;889
970		-	S. B. 195
971		-	- 35 - 24 SB 195/AP
972		-	(B) Holds a valid certificate of registration as a professional engineer issued pursuant
973		-	890
	929	+	- 35 - 24 LC 46 0933S
	930	+	(B) Holds a valid certificate of registration as a professional engineer issued pursuant890
974	931		to Chapter 15 of Title 43 and is practicing within his or her area of engineering891
975	932		competency;892
976	933		(C) Holds a valid certificate of registration as a registered geologist issued pursuant to893
977	934		Chapter 19 of Title 43 and is practicing within his or her area of geologic competency;894
978	935		or895
979	936		(D) Is a soil and water conservation technician as defined in subparagraph (A) of896
980	937		paragraph (3) of this subsection.897
981	938		(2) Upon the submission of an evaluation of the suitability of a site within the state for898
982	939		an on-site sewage management system by such a person who is registered with the899
983	940		department, the county board of health shall be required to accept the evaluation unless900
984	941		such evaluation is found by the county board of health to be deficient or questionable. 901
985	942		If the county board of health finds such evaluation to be deficient or questionable, the902
986	943		board shall, within three working days of making such finding, issue a written903
987	944		determination stating all deficiencies and all measures needed to correct the deficiencies. 904
988	945		A copy of this determination shall be provided to the state director of environmental905
989	946		health.906
990	947		(3) As used in this subsection, the term:907
991	948		(A) 'Soil and water conservation technician' means a person employed as a soil and908
992	949		water conservation technician by a soil and water conservation district provided for in909
993	950		Article 2 of Chapter 6 of Title 2.910
994	951		(B) 'Soil classifier' means a person who:911
995	952		(i) Holds at least a bachelor of science degree from an accredited college or912
996	953		university with a major in soil science or a related field of science. This degree shall913
997	954		include 30 semester credit hours or equivalent quarter credit hours in the biological,914
998	955		physical, chemical, and earth sciences with a minimum of 15 semester credit hours915
999	956		or equivalent quarter hours in soil science courses meeting the following distribution:916
1000		-	S. B. 195
1001		-	- 36 - 24 SB 195/AP
1002		-	(I) A minimum of one course in soil classification, morphology, genesis, and
1003		-	917
	957	+	- 36 - 24 LC 46 0933S
	958	+	(I) A minimum of one course in soil classification, morphology, genesis, and917
1004	959		mapping; and918
1005		-	(II) The remaining soil science credits must
1006		-	shall be in at least three of the919
	960	+	(II) The remaining soil science credits must shall be in at least three of the919
1007	961		following eight categories: introductory soil science; soil fertility; soil920
1008	962		microbiology; soil chemistry; soil physics; soil management, soils and land use, or921
1009	963		soils and the environment; soil mineralogy; or a three credit maximum in922
1010	964		independent study, geology, or hydrology; and923
1011	965		(ii) Has at least four years of verifiable full-time or equivalent part-time experience.924
1012	966		Two years of such experience, as determined by the department's soil classifiers925
1013	967		advisory committee, shall have been obtained after meeting all the educational926
1014	968		requirements of division (i) of this subparagraph under the supervision of a soil927
1015	969		classifier who has met the education and experience requirements provided in this928
1016	970		subparagraph. Such experience must be obtained after meeting all educational929
1017	971		requirements defined in this subparagraph and must shall have been spent actively930
1018	972		mapping, identifying, and classifying soil features and interpreting the influence of931
1019	973		soil features on soil uses, including, but not limited to, conducting soil investigations932
1020	974		for determining the suitability of sites for on-site sewage management systems as933
1021	975		approved by the department's soil classifiers advisory committee. The remaining two934
1022	976		years of such experience, as determined by the department's soil classifiers advisory935
1023	977		committee, shall have occurred prior to, during, or after meeting all the educational936
1024	978		requirements of division (i) of this subparagraph and shall have included the937
1025	979		utilization of soil science concepts and techniques in mapping, identifying, and938
1026	980		classifying soil features and interpreting the influence of soil features on soil uses,939
1027	981		including, but not limited to, conducting soil investigations for determining the940
1028	982		suitability of sites for on-site sewage management systems as approved by the941
1029	983		department's soil classifiers advisory committee; and942
1030		-	S. B. 195
1031		-	- 37 - 24 SB 195/AP
1032		-	(iii) Has successfully passed a written examination pertaining to site investigations
1033		-	943
	984	+	- 37 - 24 LC 46 0933S
	985	+	(iii) Has successfully passed a written examination pertaining to site investigations943
1034	986		for on-site sewage management systems administered or approved by the department."944
1035	987		SECTION 5.945
1036	988		Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,946
1037	989		is amended by revising paragraph (2) of Code Section 43-15-2, relating to definitions relative947
1038	990		to professional engineers and land surveyors, as follows:948
1039		-	"(2) 'Certificate' means any certificate issued under Code Section 43-15-8 or 43-15-12
1040		-	949
	991	+	"(2) 'Certificate' means any certificate issued under Code Section 43-15-8 or 43-15-12949
1041	992		45-15-13."950
1042	993		SECTION 6.951
1043	994		Said title is further amended by repealing Code Section 43-15-12, relating to surveyor intern952
1044	995		certificate and eligibility, and designating said Code section as reserved.953
1045	996		SECTION 7.954
1046	997		Said title is further amended by repealing Code Section 43-15-13, relating to professional955
1047	998		land surveyor license and eligibility, and enacting a new Code section to read as follows:956
1048	999		"43-15-13.957
1049	1000		(a) To be eligible for licensure as a professional land surveyor, an applicant shall:958
1050	1001		(1) Complete the education and training requirements of subparagraph (A), (B), or (C)959
1051	1002		of this paragraph as follows:960
1052	1003		(A)(i) Earn a bachelor's degree in a curriculum approved by the board. Such961
1053	1004		applicant shall complete a minimum of 18 semester hours in land surveying subjects962
1054	1005		acceptable to the board as a part of or separate from such degree; and963
1055	1006		(ii) Acquire not less than three years of combined office and field experience in land964
1056	1007		surveying of a nature satisfactory to the board;965
1057		-	S. B. 195
1058		-	- 38 - 24 SB 195/AP
	1008	+	- 38 - 24 LC 46 0933S
1059	1009		(B)(i) Earn an associate's degree in a curriculum approved by the board. Such966
1060	1010		applicant shall complete a minimum of 18 semester hours in land surveying subjects967
1061	1011		acceptable to the board as a part of or separate from such degree; and968
1062	1012		(ii) Acquire not less than five years of combined office and field experience in land969
1063	1013		surveying of a nature satisfactory to the board; or970
1064	1014		(C)(i) Earn a high school diploma or its equivalent. Such applicant shall complete971
1065	1015		a minimum of 18 semester hours in land surveying subjects acceptable to the board;972
1066	1016		and973
1067	1017		(ii) Acquire not less than eight years of combined office and field experience in land974
1068	1018		surveying of a nature satisfactory to the board; and975
1069	1019		(2)(A) Pass each of the following board approved examinations:976
1070	1020		(i) The fundamentals of surveying examination;977
1071	1021		(ii) The principles and practices of land surveying examination; and978
1072	1022		(iii) The laws and history of land surveying in Georgia examination.979
1073	1023		(B) The examinations listed in divisions (i) through (iii) of subparagraph (A) of this980
1074	1024		paragraph may be taken after completion of the education requirements of paragraph981
1075	1025		(1) of this subsection; provided, however, that the examination in division (i) of982
1076	1026		subparagraph (A) of this paragraph shall be taken and passed before the examination983
1077	1027		in division (ii) of subparagraph (A) of this paragraph is taken, and the examination984
1078	1028		listed in division (ii) of subparagraph (A) of this paragraph shall be taken and passed985
1079	1029		before the examination in division (iii) of subparagraph (A) of this paragraph is taken.986
1080	1030		(b) The board may issue a land surveyor intern certificate to an applicant who has:987
1081	1031		(1) Completed the education requirements set forth in division (a)(1)(A)(i), (a)(1)(B)(i),988
1082	1032		or (a)(1)(C)(i) of this Code section;989
1083	1033		(2) Passed the board approved fundamentals of surveying examination as required under990
1084	1034		division (a)(2)(A)(i) of this Code section; and991
1085		-	S. B. 195
1086		-	- 39 - 24 SB 195/AP
	1035	+	- 39 - 24 LC 46 0933S
1087	1036		(3) Completed such additional requirements as may be required by the board through992
1088	1037		rules and regulations."993
1089	1038		SECTION 8.994
1090	1039		All laws and parts of laws in conflict with this Act are repealed.995
1091		-	S. B. 195
1092	1040		- 40 -