24 SB 195/AP
Senate Bill 195
By: Senators Walker III of the 20th, Dugan of the 30th, Kirkpatrick of the 32nd, Ginn of the
47th, Harbison of the 15th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
1
businesses, so as to enter into an interstate compact known as the "Social Work Licensure2
Compact"; to authorize the Georgia Composite Board of Professional Counselors, Social3
Workers, and Marriage and Family Therapists to administer the compact in this state; to4
provide for a short title; to remove the residency requirement for the issuance of licenses by5
endorsement for certain professions; to amend Titles 31 and 43 of the Official Code of6
Georgia Annotated, relating to health and professions and businesses, respectively, so as to7
change certain provisions relating to soil classifiers and professional land surveyors; to8
change the necessary experience requirements to qualify as a soil classifier to conduct soil9
investigations and prepare soil reports for an on-site sewage management system; to revise10
the definition of "soil classifier"; to provide for educational, experience, and examination11
requirements for licensure as a professional land surveyor; to change and provide certain12
provisions related to the issuance of land surveyor intern certificates; to conform a13
cross-reference; to provide for related matters; to repeal conflicting laws; and for other14
purposes.15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
S. B. 195
- 1 - 24 SB 195/AP
SECTION 1.
17
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,18
is amended in Code Section 43-10A-5, relating to powers and duties of board, quorum, and19
meetings, by revising subsection (h) as follows:20
"(h) The board shall administer the Professional Counselors Licensure Compact contained21
in Article 2 of this chapter and the Social Work Licensure Compact contained in Article 3
22
of this chapter."23
SECTION 2.24
Said title is further amended by adding a new article to read as follows:25
"ARTICLE 326
43-10A-60.27
This article shall be known and may be cited as the 'Social Work Licensure Compact Act.'28
43-10A-61.29
The Social Work Licensure Compact is enacted into law and entered into by the State of30
Georgia with any and all other states legally joining therein in the form substantially as31
follows:32
'SOCIAL WORK LICENSURE COMPACT ACT33
SECTION 1: PURPOSE34
The purpose of this Compact is to facilitate interstate practice of Regulated Social Workers35
by improving public access to competent Social Work Services. The Compact preserves the36
S. B. 195
- 2 - 24 SB 195/AP
regulatory authority of States to protect public health and safety through the current system37
of State licensure. This Compact is designed to achieve the following objectives:38
A. Increase public access to Social Work Services;39
B. Reduce overly burdensome and duplicative requirements associated with holding40
multiple licenses;41
C. Enhance the Member States' ability to protect the public's health and safety;42
D. Encourage the cooperation of Member States in regulating multistate practice;43
E. Promote mobility and address workforce shortages by eliminating the necessity for44
licenses in multiple States by providing for the mutual recognition of other Member State45
licenses;46
F. Support military families;47
G. Facilitate the exchange of licensure and disciplinary information among Member States;48
H. Authorize all Member States to hold a Regulated Social Worker accountable for abiding49
by the Member State's laws, regulations, and applicable professional standards in the50
Member State in which the client is located at the time care is rendered; and51
I. Allow for the use of telehealth to facilitate increased access to regulated Social Work52
Services.53
SECTION 2: DEFINITIONS54
As used in this Compact, and except as otherwise provided, the following definitions shall55
apply:56
A. 'Active Military Member' means any individual in full-time duty status in the active57
armed forces of the United States including members of the National Guard and Reserve.58
B. 'Adverse Action' means any administrative, civil, equitable or criminal action permitted59
by a State's laws which is imposed by a Licensing Authority or other authority against a60
Regulated Social Worker, including actions against an individual's license or Multistate61
Authorization to Practice such as revocation, suspension, probation, monitoring of the62
S. B. 195
- 3 - 24 SB 195/AP
Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure63
affecting a Regulated Social Worker's authorization to practice, including issuance of a64
cease and desist action.65
C. 'Alternative Program' means a non-disciplinary monitoring or practice remediation66
process approved by a Licensing Authority to address practitioners with an Impairment.67
D. 'Charter Member States' - Member States who have enacted legislation to adopt this68
Compact where such legislation predates the effective date of this Compact as defined in69
Section 14.70
E. 'Compact Commission' or 'Commission' means the government agency whose71
membership consists of all States that have enacted this Compact, which is known as the72
Social Work Licensure Compact Commission, as defined in Section 10, and which shall73
operate as an instrumentality of the Member States.74
F. 'Current Significant Investigative Information' means:75
1. Investigative information that a Licensing Authority, after a preliminary inquiry that76
includes notification and an opportunity for the Regulated Social Worker to respond has77
reason to believe is not groundless and, if proved true, would indicate more than a minor78
infraction as may be defined by the Commission; or79
2. Investigative information that indicates that the Regulated Social Worker represents80
an immediate threat to public health and safety, as may be defined by the Commission,81
regardless of whether the Regulated Social Worker has been notified and has had an82
opportunity to respond.83
G. 'Data System' means a repository of information about Licensees, including, but not84
limited to, continuing education, examination, licensure, Current Significant Investigative85
Information, Disqualifying Event, Multistate License(s) and Adverse Action information86
or other information as required by the Commission.87
H. 'Domicile' means the jurisdiction in which the Licensee resides and intends to remain88
indefinitely.89
S. B. 195
- 4 - 24 SB 195/AP
I. 'Disqualifying Event' means any Adverse Action or incident which results in an90
Encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or91
renew a Multistate License.92
J. 'Encumbrance' means a revocation or suspension of, or any limitation on, the full and93
unrestricted practice of Social Work licensed and regulated by a Licensing Authority.94
K. 'Executive Committee' means a group of delegates elected or appointed to act on behalf95
of, and within the powers granted to them by, the compact and Commission.96
L. 'Home State' means the Member State that is the Licensee's primary Domicile.97
M. 'Impairment' means a condition(s) that may impair a practitioner's ability to engage in98
full and unrestricted practice as a Regulated Social Worker without some type of99
intervention and may include, but are not limited to, alcohol and drug dependence, mental100
health impairment, and neurological or physical impairments.101
N. 'Licensee(s)' means an individual who currently holds a license from a State to practice102
as a Regulated Social Worker.103
O. 'Licensing Authority' means the board or agency of a Member State, or equivalent, that104
is responsible for the licensing and regulation of Regulated Social Workers.105
P. 'Member State' means a state, commonwealth, district, or territory of the United States106
of America that has enacted this Compact.107
Q. 'Multistate Authorization to Practice' means a legally authorized privilege to practice,108
which is equivalent to a license, associated with a Multistate License permitting the109
practice of Social Work in a Remote State.110
R. 'Multistate License' means a license to practice as a Regulated Social Worker issued by111
a Home State Licensing Authority that authorizes the Regulated Social Worker to practice112
in all Member States under Multistate Authorization to Practice.113
S. 'Qualifying National Exam' means a national licensing examination approved by the114
Commission.115
S. B. 195
- 5 - 24 SB 195/AP
T. 'Regulated Social Worker' means any clinical, master's or bachelor's Social Worker116
licensed by a Member State regardless of the title used by that Member State.117
U. 'Remote State' means a Member State other than the Licensee's Home State.118
V. 'Rule(s)' or 'Rule(s) of the Commission' means a regulation or regulations duly119
promulgated by the Commission, as authorized by the Compact, that has the force of law.120
W. 'Single State License' means a Social Work license issued by any State that authorizes121
practice only within the issuing State and does not include Multistate Authorization to122
Practice in any Member State.123
X. 'Social Work' or 'Social Work Services' means the application of social work theory,124
knowledge, methods, ethics, and the professional use of self to restore or enhance social,125
psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,126
organizations, and communities through the care and services provided by a Regulated127
Social Worker as set forth in the Member State's statutes and regulations in the State where128
the services are being provided.129
Y. 'State' means any state, commonwealth, district, or territory of the United States of130
America that regulates the practice of Social Work.131
Z. 'Unencumbered License' means a license that authorizes a Regulated Social Worker to132
engage in the full and unrestricted practice of Social Work.133
SECTION 3: STATE PARTICIPATION IN THE COMPACT134
A. To be eligible to participate in the compact, a potential Member State must currently135
meet all of the following criteria:136
1. License and regulate the practice of Social Work at either the clinical, master's, or137
bachelor's category.138
2. Require applicants for licensure to graduate from a program that is:139
a. Operated by a college or university recognized by the Licensing Authority;140
S. B. 195
- 6 - 24 SB 195/AP
b. Accredited, or in candidacy by an institution that subsequently becomes accredited,141
by an accrediting agency recognized by either:142
i. the Council for Higher Education Accreditation, or its successor; or143
ii. the United States Department of Education; and144
c. Corresponds to the licensure sought as outlined in Section 4.145
3. Require applicants for clinical licensure to complete a period of supervised practice.146
4. Have a mechanism in place for receiving, investigating, and adjudicating complaints147
about Licensees.148
B. To maintain membership in the Compact a Member State shall:149
1. Require applicants for a Multistate License pass a Qualifying National Exam for the150
corresponding category of Multistate License sought as outlined in Section 4;151
2. Participate fully in the Commission's Data System, including using the Commission's152
unique identifier as defined in Rules;153
3. Notify the Commission, in compliance with the terms of the Compact and Rules, of154
any Adverse Action or the availability of Current Significant Investigative Information155
regarding a Licensee;156
4. Implement procedures for considering the criminal history records of applicants for a157
Multistate License. Such procedures shall include the submission of fingerprints or other158
biometric-based information by applicants for the purpose of obtaining an applicant's159
criminal history record information from the Federal Bureau of Investigation and the160
agency responsible for retaining that State's criminal records;161
5. Comply with the Rules of the Commission;162
6. Require an applicant to obtain or retain a license in the Home State and meet the Home163
State's qualifications for licensure or renewal of licensure, as well as all other applicable164
Home State laws;165
7. Authorize a Licensee holding a Multistate License in any Member State to practice in166
accordance with the terms of the Compact and Rules of the Commission; and167
S. B. 195
- 7 - 24 SB 195/AP
8. Designate a delegate to participate in the Commission meetings.168
C. A Member State meeting the requirements of Section 3.A. and 3.B of this Compact shall169
designate the categories of Social Work licensure that are eligible for issuance of a170
Multistate License for applicants in such Member State. To the extent that any Member171
State does not meet the requirements for participation in the Compact at any particular172
category of Social Work licensure, such Member State may choose, but is not obligated to,173
issue a Multistate License to applicants that otherwise meet the requirements of Section 4174
for issuance of a Multistate License in such category or categories of licensure.175
D. The Home State may charge a fee for granting the Multistate License.176
SECTION 4: SOCIAL WORKER PARTICIPATION IN THE COMPACT177
A. To be eligible for a Multistate License under the terms and provisions of the Compact,178
an applicant, regardless of category must:179
1. Hold or be eligible for an active, Unencumbered License in the Home State;180
2. Pay any applicable fees, including any State fee, for the Multistate License;181
3. Submit, in connection with an application for a Multistate License, fingerprints or other182
biometric data for the purpose of obtaining criminal history record information from the183
Federal Bureau of Investigation and the agency responsible for retaining that State's184
criminal records;185
4. Notify the Home State of any Adverse Action, Encumbrance, or restriction on any186
professional license taken by any Member State or non-Member State within 30 days187
from the date the action is taken;188
5. Meet any continuing competence requirements established by the Home State;189
6. Abide by the laws, regulations, and applicable standards in the Member State where190
the client is located at the time care is rendered.191
B. An applicant for a clinical-category Multistate License must meet all of the following192
requirements:193
S. B. 195
- 8 - 24 SB 195/AP
1. Fulfill a competency requirement, which shall be satisfied by either:194
a. Passage of a clinical-category Qualifying National Exam; or195
b. Licensure of the applicant in their Home State at the clinical category, beginning196
prior to such time as a Qualifying National Exam was required by the Home State and197
accompanied by a period of continuous Social Work licensure thereafter, all of which198
may be further governed by the Rules of the Commission; or199
c. The substantial equivalency of the foregoing competency requirements which the200
Commission may determine by Rule.201
2. Attain at least a master's degree in Social Work from a program that is:202
a. Operated by a college or university recognized by the Licensing Authority; and203
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting204
agency recognized by either:205
i. the Council for Higher Education Accreditation or its successor; or206
ii. the United States Department of Education.207
3. Fulfill a practice requirement, which shall be satisfied by demonstrating completion208
of either:209
a. A period of postgraduate supervised clinical practice equal to a minimum of three210
thousand hours; or211
b. A minimum of two years of full-time postgraduate supervised clinical practice; or212
c. The substantial equivalency of the foregoing practice requirements which the213
Commission may determine by Rule.214
C. An applicant for a master's-category Multistate License must meet all of the following215
requirements:216
1. Fulfill a competency requirement, which shall be satisfied by either:217
a. Passage of a masters-category Qualifying National Exam;218
b. Licensure of the applicant in their Home State at the master's category, beginning219
prior to such time as a Qualifying National Exam was required by the Home State at the220
S. B. 195
- 9 - 24 SB 195/AP
master's category and accompanied by a continuous period of Social Work licensure221
thereafter, all of which may be further governed by the Rules of the Commission; or222
c. The substantial equivalency of the foregoing competency requirements which the223
Commission may determine by Rule.224
2. Attain at least a master's degree in Social Work from a program that is:225
a. Operated by a college or university recognized by the Licensing Authority; and226
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting227
agency recognized by either:228
i. the Council for Higher Education Accreditation or its successor; or229
ii. the United States Department of Education.230
D. An applicant for a bachelor's-category Multistate License must meet all of the following231
requirements:232
1. Fulfill a competency requirement, which shall be satisfied by either:233
a. Passage of a bachelor's-category Qualifying National Exam;234
b. Licensure of the applicant in their Home State at the bachelor's category, beginning235
prior to such time as a Qualifying National Exam was required by the Home State and236
accompanied by a period of continuous Social Work licensure thereafter, all of which237
may be further governed by the Rules of the Commission; or238
c. The substantial equivalency of the foregoing competency requirements which the239
Commission may determine by Rule.240
2. Attain at least a bachelor's degree in Social Work from a program that is:241
a. Operated by a college or university recognized by the Licensing Authority; and242
b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting243
agency recognized by either:244
i. the Council for Higher Education Accreditation or its successor; or245
ii. the United States Department of Education.246
S. B. 195
- 10 - 24 SB 195/AP
E. The Multistate License for a Regulated Social Worker is subject to the renewal247
requirements of the Home State. The Regulated Social Worker must maintain compliance248
with the requirements of Section 4(A).249
F. The Regulated Social Worker's services in a Remote State are subject to that Member250
State's regulatory authority. A Remote State may, in accordance with due process and that251
Member State's laws, remove a Regulated Social Worker's Multistate Authorization to252
Practice in the Remote State for a specific period of time, impose fines, and take any other253
necessary actions to protect the health and safety of its citizens.254
G. If a Multistate License is encumbered, the Regulated Social Worker's Multistate255
Authorization to Practice shall be deactivated in all Remote States until the Multistate256
License is no longer encumbered.257
H. If a Multistate Authorization to Practice is encumbered in a Remote State, the regulated258
Social Worker's Multistate Authorization to Practice may be deactivated in that State until259
the Multistate Authorization to Practice is no longer encumbered.260
SECTION 5: ISSUANCE OF A MULTISTATE LICENSE261
A. Upon receipt of an application for Multistate License, the Home State Licensing262
Authority shall determine the applicant's eligibility for a Multistate License in accordance263
with Section 4 of this Compact.264
B. If such applicant is eligible pursuant to Section 4 of this Compact, the Home State265
Licensing Authority shall issue a Multistate License that authorizes the applicant or266
Regulated Social Worker to practice in all Member States under a Multistate Authorization267
to Practice.268
C. Upon issuance of a Multistate License, the Home State Licensing Authority shall269
designate whether the Regulated Social Worker holds a Multistate License in the270
Bachelors, Masters, or Clinical category of Social Work.271
S. B. 195
- 11 - 24 SB 195/AP
D. A Multistate License issued by a Home State to a resident in that State shall be272
recognized by all Compact Member States as authorizing Social Work Practice under a273
Multistate Authorization to Practice corresponding to each category of licensure regulated274
in the Member State.275
SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND276
MEMBER STATE LICENSING AUTHORITIES277
A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,278
restrict, or in any way reduce the ability of a Member State to enact and enforce laws,279
regulations, or other rules related to the practice of Social Work in that State, where those280
laws, regulations, or other rules are not inconsistent with the provisions of this Compact.281
B. Nothing in this Compact shall affect the requirements established by a Member State282
for the issuance of a Single State License.283
C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,284
restrict, or in any way reduce the ability of a Member State to take Adverse Action against285
a Licensee's Single State License to practice Social Work in that State.286
D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,287
restrict, or in any way reduce the ability of a Remote State to take Adverse Action against288
a Licensee's Authorization to Practice in that State.289
E. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit,290
restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action291
against a Licensee's Multistate License based upon information provided by a Remote292
State.293
SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STA TE 294
A. A Licensee may hold a Multistate License, issued by their Home State, in only one295
Member State at any given time.296
S. B. 195
- 12 - 24 SB 195/AP
B. If a Licensee changes their Home State by moving between two Member States:297
1. The Licensee shall immediately apply for the reissuance of their Multistate License in298
their new Home State. The Licensee shall pay all applicable fees and notify the prior299
Home State in accordance with the Rules of the Commission.300
2. Upon receipt of an application to reissue a Multistate License, the new Home State301
shall verify that the Multistate License is active, unencumbered and eligible for302
reissuance under the terms of the Compact and the Rules of the Commission. The303
Multistate License issued by the prior Home State will be deactivated and all Member304
States notified in accordance with the applicable Rules adopted by the Commission.305
3. Prior to the reissuance of the Multistate License, the new Home State shall conduct306
procedures for considering the criminal history records of the Licensee. Such procedures307
shall include the submission of fingerprints or other biometric-based information by308
applicants for the purpose of obtaining an applicant's criminal history record information309
from the Federal Bureau of Investigation and the agency responsible for retaining that310
State's criminal records.311
4. If required for initial licensure, the new Home State may require completion of312
jurisprudence requirements in the new Home State.313
5. Notwithstanding any other provision of this Compact, if a Licensee does not meet the314
requirements set forth in this Compact for the reissuance of a Multistate License by the315
new Home State, then the Licensee shall be subject to the new Home State requirements316
for the issuance of a Single State License in that State.317
C. If a Licensee changes their primary State of residence by moving from a Member State318
to a non-Member State, or from a non-Member State to a Member State, then the Licensee319
shall be subject to the State requirements for the issuance of a Single State License in the320
new Home State.321
S. B. 195
- 13 - 24 SB 195/AP
D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State322
License in multiple States; however, for the purposes of this Compact, a Licensee shall323
have only one Home State, and only one Multistate License.324
E. Nothing in this Compact shall interfere with the requirements established by a Member325
State for the issuance of a Single State License.326
SECTION 8: MILITARY FAMILIES 327
An Active Military Member or their spouse shall designate a Home State where the328
individual has a Multistate License. The individual may retain their Home State designation329
during the period the service member is on active duty.330
SECTION 9: ADVERSE ACTIONS331
A. In addition to the other powers conferred by State law, a Remote State shall have the332
authority, in accordance with existing State due process law, to:333
1. Take Adverse Action against a Regulated Social Worker's Multistate Authorization to334
Practice only within that Member State, and issue subpoenas for both hearings and335
investigations that require the attendance and testimony of witnesses as well as the336
production of evidence. Subpoenas issued by a Licensing Authority in a Member State337
for the attendance and testimony of witnesses or the production of evidence from another338
Member State shall be enforced in the latter State by any court of competent jurisdiction,339
according to the practice and procedure of that court applicable to subpoenas issued in340
proceedings pending before it. The issuing authority shall pay any witness fees, travel341
expenses, mileage, and other fees required by the service statutes of the State in which342
the witnesses or evidence are located.343
2. Only the Home State shall have the power to take Adverse Action against a Regulated344
Social Worker's Multistate License.345
S. B. 195
- 14 - 24 SB 195/AP
B. For purposes of taking Adverse Action, the Home State shall give the same priority and346
effect to reported conduct received from a Member State as it would if the conduct had347
occurred within the Home State. In so doing, the Home State shall apply its own State laws348
to determine appropriate action.349
C. The Home State shall complete any pending investigations of a Regulated Social350
Worker who changes their Home State during the course of the investigations. The Home351
State shall also have the authority to take appropriate action(s) and shall promptly report352
the conclusions of the investigations to the administrator of the Data System. The353
administrator of the Data System shall promptly notify the new Home State of any Adverse354
Actions.355
D. A Member State, if otherwise permitted by State law, may recover from the affected356
Regulated Social Worker the costs of investigations and dispositions of cases resulting357
from any Adverse Action taken against that Regulated Social Worker.358
E. A Member State may take Adverse Action based on the factual findings of another359
Member State, provided that the Member State follows its own procedures for taking the360
Adverse Action.361
F. Joint Investigations:362
1. In addition to the authority granted to a Member State by its respective Social Work363
practice act or other applicable State law, any Member State may participate with other364
Member States in joint investigations of Licensees.365
2. Member States shall share any investigative, litigation, or compliance materials in366
furtherance of any joint or individual investigation initiated under the Compact.367
G. If Adverse Action is taken by the Home State against the Multistate License of a368
Regulated Social Worker, the Regulated Social Worker's Multistate Authorization to369
Practice in all other Member States shall be deactivated until all Encumbrances have been370
removed from the Multistate License. All Home State disciplinary orders that impose371
Adverse Action against the license of a Regulated Social Worker shall include a statement372
S. B. 195
- 15 - 24 SB 195/AP
that the Regulated Social Worker's Multistate Authorization to Practice is deactivated in373
all Member States until all conditions of the decision, order or agreement are satisfied.374
H. If a Member State takes Adverse Action, it shall promptly notify the administrator of375
the Data System. The administrator of the Data System shall promptly notify the Home376
State and all other Member State's of any Adverse Actions by Remote States.377
I. Nothing in this Compact shall override a Member State's decision that participation in378
an Alternative Program may be used in lieu of Adverse Action. Nothing in this Compact379
shall authorize a Member State to demand the issuance of subpoenas for attendance and380
testimony of witnesses or the production of evidence from another Member State for lawful381
actions within that Member State.382
J. Nothing in this Compact shall authorize a Member State to impose discipline against a383
Regulated Social Worker who holds a Multistate Authorization to Practice for lawful384
actions within another Member State.385
SECTION 10: ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT386
COMMISSION387
A. The Compact Member States hereby create and establish a joint government agency388
whose membership consists of all Member States that have enacted the compact known as389
the Social Work Licensure Compact Commission. The Commission is an instrumentality390
of the Compact States acting jointly and not an instrumentality of any one State. The391
Commission shall come into existence on or after the effective date of the Compact as set392
forth in Section 14.393
B. Membership, Voting, and Meetings394
1. Each Member State shall have and be limited to one (1) delegate selected by that395
Member State's State Licensing Authority.396
2. The delegate shall be either:397
S. B. 195
- 16 - 24 SB 195/AP
a. A current member of the State Licensing Authority at the time of appointment, who398
is a Regulated Social Worker or public member of the State Licensing Authority; or399
b. An administrator of the State Licensing Authority or their designee.400
3. The Commission shall by Rule or bylaw establish a term of office for delegates and401
may by Rule or bylaw establish term limits.402
4. The Commission may recommend removal or suspension of any delegate from office.403
5. A Member State's State Licensing Authority shall fill any vacancy of its delegate404
occurring on the Commission within 60 days of the vacancy.405
6. Each delegate shall be entitled to one vote on all matters before the Commission406
requiring a vote by Commission delegates.407
7. A delegate shall vote in person or by such other means as provided in the bylaws. The408
bylaws may provide for delegates to meet by telecommunication, videoconference, or409
other means of communication.410
8. The Commission shall meet at least once during each calendar year. Additional411
meetings may be held as set forth in the bylaws. The Commission may meet by412
telecommunication, video conference or other similar electronic means.413
C. The Commission shall have the following powers:414
1. Establish the fiscal year of the Commission;415
2. Establish code of conduct and conflict of interest policies;416
3. Establish and amend Rules and bylaws;417
4. Maintain its financial records in accordance with the bylaws;418
5. Meet and take such actions as are consistent with the provisions of this Compact, the419
Commission's Rules, and the bylaws;420
6. Initiate and conclude legal proceedings or actions in the name of the Commission,421
provided that the standing of any State Licensing Board to sue or be sued under422
applicable law shall not be affected;423
S. B. 195
- 17 - 24 SB 195/AP
7. Maintain and certify records and information provided to a Member State as the424
authenticated business records of the Commission, and designate an agent to do so on the425
Commission's behalf;426
8. Purchase and maintain insurance and bonds;427
9. Borrow, accept, or contract for services of personnel, including, but not limited to,428
employees of a Member State;429
10. Conduct an annual financial review;430
11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such431
individuals appropriate authority to carry out the purposes of the Compact, and establish432
the Commission's personnel policies and programs relating to conflicts of interest,433
qualifications of personnel, and other related personnel matters;434
12. Assess and collect fees;435
13. Accept any and all appropriate gifts, donations, grants of money, other sources of436
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose437
of the same; provided that at all times the Commission shall avoid any appearance of438
impropriety or conflict of interest;439
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or440
mixed, or any undivided interest therein;441
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any442
property real, personal, or mixed;443
16. Establish a budget and make expenditures;444
17. Borrow money;445
18. Appoint committees, including standing committees, composed of members, State446
regulators, State legislators or their representatives, and consumer representatives, and447
such other interested persons as may be designated in this Compact and the bylaws;448
19. Provide and receive information from, and cooperate with, law enforcement agencies;449
20. Establish and elect an Executive Committee, including a chair and a vice chair;450
S. B. 195
- 18 - 24 SB 195/AP
21. Determine whether a State's adopted language is materially different from the model451
compact language such that the State would not qualify for participation in the Compact;452
and453
22. Perform such other functions as may be necessary or appropriate to achieve the454
purposes of this Compact.455
D. The Executive Committee456
1. The Executive Committee shall have the power to act on behalf of the Commission457
according to the terms of this Compact. The powers, duties, and responsibilities of the458
Executive Committee shall include:459
a. Oversee the day-to-day activities of the administration of the compact including460
enforcement and compliance with the provisions of the compact, its Rules and bylaws,461
and other such duties as deemed necessary;462
b. Recommend to the Commission changes to the Rules or bylaws, changes to this463
Compact legislation, fees charged to Compact Member States, fees charged to464
Licensees, and other fees;465
c. Ensure Compact administration services are appropriately provided, including by466
contract; 467
d. Prepare and recommend the budget;468
e. Maintain financial records on behalf of the Commission;469
f. Monitor Compact compliance of Member States and provide compliance reports to470
the Commission;471
g. Establish additional committees as necessary;472
h. Exercise the powers and duties of the Commission during the interim between473
Commission meetings, except for adopting or amending Rules, adopting or amending474
bylaws, and exercising any other powers and duties expressly reserved to the475
Commission by Rule or bylaw; and476
i. Other duties as provided in the Rules or bylaws of the Commission.477
S. B. 195
- 19 - 24 SB 195/AP
2. The Executive Committee shall be composed of up to eleven (11) members:478
a. The chair and vice chair of the Commission shall be voting members of the479
Executive Committee.480
b. The Commission shall elect five voting members from the current membership of the481
Commission.482
c. Up to four (4) ex-officio, nonvoting members from four (4) recognized national483
Social Work organizations.484
d. The ex-officio members will be selected by their respective organizations.485
3. The Commission may remove any member of the Executive Committee as provided486
in the Commission's bylaws.487
4. The Executive Committee shall meet at least annually.488
a. Executive Committee meetings shall be open to the public, except that the Executive489
Committee may meet in a closed, non-public meeting as provided in subsection F.2490
below.491
b. The Executive Committee shall give seven (7) days' notice of its meetings, posted492
on its website and as determined to provide notice to persons with an interest in the493
business of the Commission.494
c. The Executive Committee may hold a special meeting in accordance with subsection495
F.1.b. below.496
E. The Commission shall adopt and provide to the Member States an annual report.497
F. Meetings of the Commission498
1. All meetings shall be open to the public, except that the Commission may meet in a499
closed, non-public meeting as provided in subsection F.2 below.500
a. Public notice for all meetings of the full Commission of meetings shall be given in501
the same manner as required under the Rulemaking provisions in Section 12, except502
that the Commission may hold a special meeting as provided in subsection F.1.b below.503
S. B. 195
- 20 - 24 SB 195/AP
b. The Commission may hold a special meeting when it must meet to conduct504
emergency business by giving 48 hours' notice to all commissioners, on the505
Commission's website, and other means as provided in the Commission's Rules. The506
Commission's legal counsel shall certify that the Commission's need to meet qualifies507
as an emergency.508
2. The Commission or the Executive Committee or other committees of the Commission509
may convene in a closed, non-public meeting for the Commission or Executive510
Committee or other committees of the Commission to receive legal advice or to discuss:511
a. Non-compliance of a Member State with its obligations under the Compact;512
b. The employment, compensation, discipline or other matters, practices or procedures513
related to specific employees;514
c. Current or threatened discipline of a Licensee by the Commission or by a Member515
State's Licensing Authority;516
d. Current, threatened, or reasonably anticipated litigation;517
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real518
estate; 519
f. Accusing any person of a crime or formally censuring any person;520
g. Trade secrets or commercial or financial information that is privileged or521
confidential;522
h. Information of a personal nature where disclosure would constitute a clearly523
unwarranted invasion of personal privacy;524
i. Investigative records compiled for law enforcement purposes;525
j. Information related to any investigative reports prepared by or on behalf of or for use526
of the Commission or other committee charged with responsibility of investigation or527
determination of compliance issues pursuant to the Compact;528
k. Matters specifically exempted from disclosure by federal or Member State law; or529
l. Other matters as promulgated by the Commission by Rule.530
S. B. 195
- 21 - 24 SB 195/AP
3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the531
meeting will be closed and reference each relevant exempting provision, and such532
reference shall be recorded in the minutes.533
4. The Commission shall keep minutes that fully and clearly describe all matters534
discussed in a meeting and shall provide a full and accurate summary of actions taken,535
and the reasons therefore, including a description of the views expressed. All documents536
considered in connection with an action shall be identified in such minutes. All minutes537
and documents of a closed meeting shall remain under seal, subject to release only by a538
majority vote of the Commission or order of a court of competent jurisdiction.539
G. Financing of the Commission540
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of541
its establishment, organization, and ongoing activities.542
2. The Commission may accept any and all appropriate revenue sources as provided in543
subsection C(13).544
3. The Commission may levy on and collect an annual assessment from each Member545
State and impose fees on Licensees of Member States to whom it grants a Multistate546
License to cover the cost of the operations and activities of the Commission and its staff,547
which must be in a total amount sufficient to cover its annual budget as approved each548
year for which revenue is not provided by other sources. The aggregate annual549
assessment amount for Member States shall be allocated based upon a formula that the550
Commission shall promulgate by Rule.551
4. The Commission shall not incur obligations of any kind prior to securing the funds552
adequate to meet the same; nor shall the Commission pledge the credit of any of the553
Member States, except by and with the authority of the Member State.554
5. The Commission shall keep accurate accounts of all receipts and disbursements. The555
receipts and disbursements of the Commission shall be subject to the financial review and556
accounting procedures established under its bylaws. However, all receipts and557
S. B. 195
- 22 - 24 SB 195/AP
disbursements of funds handled by the Commission shall be subject to an annual financial558
review by a certified or licensed public accountant, and the report of the financial review559
shall be included in and become part of the annual report of the Commission.560
H. Qualified Immunity, Defense, and Indemnification561
1. The members, officers, executive director, employees and representatives of the562
Commission shall be immune from suit and liability, both personally and in their official563
capacity, for any claim for damage to or loss of property or personal injury or other civil564
liability caused by or arising out of any actual or alleged act, error, or omission that565
occurred, or that the person against whom the claim is made had a reasonable basis for566
believing occurred within the scope of Commission employment, duties or567
responsibilities; provided that nothing in this paragraph shall be construed to protect any568
such person from suit or liability for any damage, loss, injury, or liability caused by the569
intentional or willful or wanton misconduct of that person. The procurement of insurance570
of any type by the Commission shall not in any way compromise or limit the immunity571
granted hereunder.572
2. The Commission shall defend any member, officer, executive director, employee, and573
representative of the Commission in any civil action seeking to impose liability arising574
out of any actual or alleged act, error, or omission that occurred within the scope of575
Commission employment, duties, or responsibilities, or as determined by the Commission576
that the person against whom the claim is made had a reasonable basis for believing577
occurred within the scope of Commission employment, duties, or responsibilities;578
provided that nothing herein shall be construed to prohibit that person from retaining their579
own counsel at their own expense; and provided further, that the actual or alleged act,580
error, or omission did not result from that person's intentional or willful or wanton581
misconduct.582
3. The Commission shall indemnify and hold harmless any member, officer, executive583
director, employee, and representative of the Commission for the amount of any584
S. B. 195
- 23 - 24 SB 195/AP
settlement or judgment obtained against that person arising out of any actual or alleged585
act, error, or omission that occurred within the scope of Commission employment, duties,586
or responsibilities, or that such person had a reasonable basis for believing occurred587
within the scope of Commission employment, duties, or responsibilities, provided that588
the actual or alleged act, error, or omission did not result from the intentional or willful589
or wanton misconduct of that person.590
4. Nothing herein shall be construed as a limitation on the liability of any Licensee for591
professional malpractice or misconduct, which shall be governed solely by any other592
applicable State laws.593
5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member594
State's state action immunity or state action affirmative defense with respect to antitrust595
claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or596
anticompetitive law or regulation.597
6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by598
the Member States or by the Commission.599
SECTION 11: DATA SYSTEM600
A. The Commission shall provide for the development, maintenance, operation, and601
utilization of a coordinated database and reporting system containing licensure, Adverse602
Action, and the presence of Current Significant Investigative Information on all licensed603
individuals in Member States.604
B. The Commission shall assign each applicant for a Multistate License a unique identifier,605
as determined by the Rules of the Commission.606
C. Notwithstanding any other provision of State law to the contrary, a Member State shall607
submit a uniform data set to the Data System on all individuals to whom this Compact is608
applicable as required by the Rules of the Commission, including:609
1. Identifying information;610
S. B. 195
- 24 - 24 SB 195/AP
2. Licensure data;611
3. Adverse Actions against a license and information related thereto;612
4. Non-confidential information related to Alternative Program participation, the613
beginning and ending dates of such participation, and other information related to such614
participation not made confidential under Member State law;615
5. Any denial of application for licensure, and the reason(s) for such denial;616
6. The presence of Current Significant Investigative Information; and617
7. Other information that may facilitate the administration of this Compact or the618
protection of the public, as determined by the Rules of the Commission.619
D. The records and information provided to a Member State pursuant to this Compact or620
through the Data System, when certified by the Commission or an agent thereof, shall621
constitute the authenticated business records of the Commission, and shall be entitled to622
any associated hearsay exception in any relevant judicial, quasi-judicial or administrative623
proceedings in a Member State.624
E. Current Significant Investigative Information pertaining to a Licensee in any Member625
State will only be available to other Member States.626
1. It is the responsibility of the Member States to report any Adverse Action against a627
Licensee and to monitor the database to determine whether Adverse Action has been628
taken against a Licensee. Adverse Action information pertaining to a Licensee in any629
Member State will be available to any other Member State.630
F. Member States contributing information to the Data System may designate information631
that may not be shared with the public without the express permission of the contributing632
State.633
G. Any information submitted to the Data System that is subsequently expunged pursuant634
to federal law or the laws of the Member State contributing the information shall be635
removed from the Data System.636
S. B. 195
- 25 - 24 SB 195/AP
SECTION 12: RULEMAKING637
A. The Commission shall promulgate reasonable Rules in order to effectively and638
efficiently implement and administer the purposes and provisions of the Compact. A Rule639
shall be invalid and have no force or effect only if a court of competent jurisdiction holds640
that the Rule is invalid because the Commission exercised its rulemaking authority in a641
manner that is beyond the scope and purposes of the Compact, or the powers granted642
hereunder, or based upon another applicable standard of review.643
B. The Rules of the Commission shall have the force of law in each Member State,644
provided however that where the Rules of the Commission conflict with the laws of the645
Member State that establish the Member State's laws, regulations, and applicable standards646
as held by a court of competent jurisdiction, the Rules of the Commission shall be647
ineffective in that State to the extent of the conflict.648
C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth649
in this Section and the Rules adopted thereunder. Rules shall become binding on the day650
following adoption or the date specified in the rule or amendment, whichever is later.651
D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,652
by enactment of a statute or resolution in the same manner used to adopt the Compact653
within four (4) years of the date of adoption of the Rule, then such Rule shall have no654
further force and effect in any Member State.655
E. Rules shall be adopted at a regular or special meeting of the Commission.656
F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and657
allow persons to provide oral and written comments, data, facts, opinions, and arguments. 658
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days659
in advance of the meeting at which the Commission will hold a public hearing on the660
proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:661
1. On the website of the Commission or other publicly accessible platform;662
S. B. 195
- 26 - 24 SB 195/AP
2. To persons who have requested notice of the Commission's notices of proposed663
rulemaking, and664
3. In such other way(s) as the Commission may by Rule specify.665
H. The Notice of Proposed Rulemaking shall include:666
1. The time, date, and location of the public hearing at which the Commission will hear667
public comments on the proposed Rule and, if different, the time, date, and location of668
the meeting where the Commission will consider and vote on the proposed Rule;669
2. If the hearing is held via telecommunication, video conference, or other electronic670
means, the Commission shall include the mechanism for access to the hearing in the671
Notice of Proposed Rulemaking;672
3. The text of the proposed Rule and the reason therefor;673
4. A request for comments on the proposed Rule from any interested person; and674
5. The manner in which interested persons may submit written comments.675
I. All hearings will be recorded. A copy of the recording and all written comments and676
documents received by the Commission in response to the proposed Rule shall be available677
to the public.678
J. Nothing in this section shall be construed as requiring a separate hearing on each Rule.679
Rules may be grouped for the convenience of the Commission at hearings required by this680
section.681
K. The Commission shall, by majority vote of all members, take final action on the682
proposed Rule based on the Rulemaking record and the full text of the Rule.683
1. The Commission may adopt changes to the proposed Rule provided the changes do not684
enlarge the original purpose of the proposed Rule.685
2. The Commission shall provide an explanation of the reasons for substantive changes686
made to the proposed Rule as well as reasons for substantive changes not made that were687
recommended by commenters.688
S. B. 195
- 27 - 24 SB 195/AP
3. The Commission shall determine a reasonable effective date for the Rule. Except for689
an emergency as provided in Section 12.L, the effective date of the rule shall be no690
sooner than 30 days after issuing the notice that it adopted or amended the Rule.691
L. Upon determination that an emergency exists, the Commission may consider and adopt692
an emergency Rule with 48 hours' notice, with opportunity to comment, provided that the693
usual Rulemaking procedures provided in the Compact and in this section shall be694
retroactively applied to the Rule as soon as reasonably possible, in no event later than695
ninety (90) days after the effective date of the Rule. For the purposes of this provision, an696
emergency Rule is one that must be adopted immediately in order to:697
1. Meet an imminent threat to public health, safety, or welfare;698
2. Prevent a loss of Commission or Member State funds;699
3. Meet a deadline for the promulgation of a Rule that is established by federal law or700
rule; or701
4. Protect public health and safety.702
M. The Commission or an authorized committee of the Commission may direct revisions703
to a previously adopted Rule for purposes of correcting typographical errors, errors in704
format, errors in consistency, or grammatical errors. Public notice of any revisions shall be705
posted on the website of the Commission. The revision shall be subject to challenge by any706
person for a period of thirty (30) days after posting. The revision may be challenged only707
on grounds that the revision results in a material change to a Rule. A challenge shall be708
made in writing and delivered to the Commission prior to the end of the notice period. If709
no challenge is made, the revision will take effect without further action. If the revision is710
challenged, the revision may not take effect without the approval of the Commission.711
N. No Member State's rulemaking requirements shall apply under this compact.712
S. B. 195
- 28 - 24 SB 195/AP
SECTION 13: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT713
A. Oversight714
1. The executive and judicial branches of State government in each Member State shall715
enforce this Compact and take all actions necessary and appropriate to implement the716
Compact.717
2. Except as otherwise provided in this Compact, venue is proper and judicial718
proceedings by or against the Commission shall be brought solely and exclusively in a719
court of competent jurisdiction where the principal office of the Commission is located.720
The Commission may waive venue and jurisdictional defenses to the extent it adopts or721
consents to participate in alternative dispute resolution proceedings. Nothing herein shall722
affect or limit the selection or propriety of venue in any action against a Licensee for723
professional malpractice, misconduct or any such similar matter.724
3. The Commission shall be entitled to receive service of process in any proceeding725
regarding the enforcement or interpretation of the Compact and shall have standing to726
intervene in such a proceeding for all purposes. Failure to provide the Commission727
service of process shall render a judgment or order void as to the Commission, this728
Compact, or promulgated Rules.729
B. Default, Technical Assistance, and Termination730
1. If the Commission determines that a Member State has defaulted in the performance731
of its obligations or responsibilities under this Compact or the promulgated Rules, the732
Commission shall provide written notice to the defaulting State. The notice of default733
shall describe the default, the proposed means of curing the default, and any other action734
that the Commission may take, and shall offer training and specific technical assistance735
regarding the default.736
2. The Commission shall provide a copy of the notice of default to the other Member737
States.738
S. B. 195
- 29 - 24 SB 195/AP
C. If a State in default fails to cure the default, the defaulting State may be terminated from739
the Compact upon an affirmative vote of a majority of the delegates of the Member States,740
and all rights, privileges and benefits conferred on that State by this Compact may be741
terminated on the effective date of termination. A cure of the default does not relieve the742
offending State of obligations or liabilities incurred during the period of default.743
D. Termination of membership in the Compact shall be imposed only after all other means744
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall745
be given by the Commission to the governor, the majority and minority leaders of the746
defaulting State's legislature, the defaulting State's State Licensing Authority and each of747
the Member States' State Licensing Authority.748
E. A State that has been terminated is responsible for all assessments, obligations, and749
liabilities incurred through the effective date of termination, including obligations that750
extend beyond the effective date of termination.751
F. Upon the termination of a State's membership from this Compact, that State shall752
immediately provide notice to all Licensees within that State of such termination. The753
terminated State shall continue to recognize all licenses granted pursuant to this Compact754
for a minimum of six (6) months after the date of said notice of termination.755
G. The Commission shall not bear any costs related to a State that is found to be in default756
or that has been terminated from the Compact, unless agreed upon in writing between the757
Commission and the defaulting State.758
H. The defaulting State may appeal the action of the Commission by petitioning the U.S.759
District Court for the District of Columbia or the federal district where the Commission has760
its principal offices. The prevailing party shall be awarded all costs of such litigation,761
including reasonable attorney's fees.762
I. Dispute Resolution763
S. B. 195
- 30 - 24 SB 195/AP
1. Upon request by a Member State, the Commission shall attempt to resolve disputes764
related to the Compact that arise among Member States and between Member and765
non-Member States.766
2. The Commission shall promulgate a Rule providing for both mediation and binding767
dispute resolution for disputes as appropriate.768
J. Enforcement769
1. By majority vote as provided by Rule, the Commission may initiate legal action against770
a Member State in default in the United States District Court for the District of Columbia771
or the federal district where the Commission has its principal offices to enforce772
compliance with the provisions of the Compact and its promulgated Rules. The relief773
sought may include both injunctive relief and damages. In the event judicial enforcement774
is necessary, the prevailing party shall be awarded all costs of such litigation, including775
reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the776
Commission. The Commission may pursue any other remedies available under federal777
or the defaulting Member State's law.778
2. A Member State may initiate legal action against the Commission in the U.S. District779
Court for the District of Columbia or the federal district where the Commission has its780
principal offices to enforce compliance with the provisions of the Compact and its781
promulgated Rules. The relief sought may include both injunctive relief and damages. In782
the event judicial enforcement is necessary, the prevailing party shall be awarded all costs783
of such litigation, including reasonable attorney's fees.784
3. No person other than a Member State shall enforce this compact against the785
Commission.786
SECTION 14: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT787
A. The Compact shall come into effect on the date on which the Compact statute is enacted788
into law in the seventh Member State.789
S. B. 195
- 31 - 24 SB 195/AP
1. On or after the effective date of the Compact, the Commission shall convene and790
review the enactment of each of the first seven Member States ('Charter Member States')791
to determine if the statute enacted by each such Charter Member State is materially792
different than the model Compact statute.793
a. A Charter Member State whose enactment is found to be materially different from794
the model Compact statute shall be entitled to the default process set forth in795
Section 13.796
b. If any Member State is later found to be in default, or is terminated or withdraws797
from the Compact, the Commission shall remain in existence and the Compact shall798
remain in effect even if the number of Member States should be less than seven.799
2. Member States enacting the Compact subsequent to the seven initial Charter Member800
States shall be subject to the process set forth in Section 10(C)(21) to determine if their801
enactments are materially different from the model Compact statute and whether they802
qualify for participation in the Compact.803
3. All actions taken for the benefit of the Commission or in furtherance of the purposes804
of the administration of the Compact prior to the effective date of the Compact or the805
Commission coming into existence shall be considered to be actions of the Commission806
unless specifically repudiated by the Commission.807
4. Any State that joins the Compact subsequent to the Commission's initial adoption of808
the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date809
on which the Compact becomes law in that State. Any Rule that has been previously810
adopted by the Commission shall have the full force and effect of law on the day the811
Compact becomes law in that State.812
B. Any Member State may withdraw from this Compact by enacting a statute repealing the813
same.814
1. A Member State's withdrawal shall not take effect until 180 days after enactment of815
the repealing statute.816
S. B. 195
- 32 - 24 SB 195/AP
2. Withdrawal shall not affect the continuing requirement of the withdrawing State's817
Licensing Authority to comply with the investigative and Adverse Action reporting818
requirements of this Compact prior to the effective date of withdrawal.819
3. Upon the enactment of a statute withdrawing from this compact, a State shall820
immediately provide notice of such withdrawal to all Licensees within that State.821
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing822
State shall continue to recognize all licenses granted pursuant to this compact for a823
minimum of six (6) months after the date of such notice of withdrawal.824
C. Nothing contained in this Compact shall be construed to invalidate or prevent any825
licensure agreement or other cooperative arrangement between a Member State and a826
non-Member State that does not conflict with the provisions of this Compact.827
D. This Compact may be amended by the Member States. No amendment to this Compact828
shall become effective and binding upon any Member State until it is enacted into the laws829
of all Member States.830
SECTION 15: CONSTRUCTION AND SEVERABILITY831
A. This Compact and the Commission's rulemaking authority shall be liberally construed832
so as to effectuate the purposes, and the implementation and administration of the833
Compact. Provisions of the Compact expressly authorizing or requiring the promulgation834
of Rules shall not be construed to limit the Commission's rulemaking authority solely for835
those purposes.836
B. The provisions of this Compact shall be severable and if any phrase, clause, sentence837
or provision of this Compact is held by a court of competent jurisdiction to be contrary to838
the constitution of any Member State, a State seeking participation in the Compact, or of839
the United States, or the applicability thereof to any government, agency, person or840
circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity841
S. B. 195
- 33 - 24 SB 195/AP
of the remainder of this Compact and the applicability thereof to any other government,842
agency, person or circumstance shall not be affected thereby.843
C. Notwithstanding subsection B of this section, the Commission may deny a State's844
participation in the Compact or, in accordance with the requirements of Section 13.B,845
terminate a Member State's participation in the Compact, if it determines that a846
constitutional requirement of a Member State is a material departure from the Compact.847
Otherwise, if this Compact shall be held to be contrary to the constitution of any Member848
State, the Compact shall remain in full force and effect as to the remaining Member States849
and in full force and effect as to the Member State affected as to all severable matters.850
SECTION 16: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAW S 851
A. A Licensee providing services in a Remote State under a Multistate Authorization to852
Practice shall adhere to the laws and regulations, including laws, regulations, and853
applicable standards, of the Remote State where the client is located at the time care is854
rendered.855
B. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member856
State that is not inconsistent with the Compact.857
C. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict858
with the Compact are superseded to the extent of the conflict.859
D. All permissible agreements between the Commission and the Member States are binding860
in accordance with their terms.'"861
SECTION 3.862
Said title is further amended by revising subsection (c) of Code Section 43-1-35, relating to863
expedited license by endorsement for spouses of active or transitioning members of the864
armed forces and license by endorsement for certain professions, as follows:865
S. B. 195
- 34 - 24 SB 195/AP
"(c) Notwithstanding any other provisions of law, a professional licensing board or other
866
board shall issue a license by endorsement to any individual seeking licensure for a867
profession other than that of a firefighter, healthcare provider, or a law enforcement officer,868
provided that such individual has:869
(1) Moved from another state and established residency in this state;
870
(2) Holds a current license to practice such occupation or profession issued by another871
state prior to establishing residency in this state for which the training, experience, and872
testing are substantially similar in qualifications and scope to the requirements under this873
state to obtain a license;874
(3)(2) Is in good standing in such other state and is not the subject of an investigation or875
a disciplinary proceeding being conducted by a professional licensing board or other876
board in such other state; and877
(4)(3) Passes any examination that may only be required to demonstrate knowledge of878
the laws and rules and regulations of this state specific to the practice of the profession,879
business, or trade for which such license by endorsement is being sought."880
SECTION 4.881
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising882
subsection (d) of Code Section 31-3-5, relating to functions of county boards of health, as883
follows:884
"(d)(1) Any person may register with the department to conduct soil investigations and885
prepare soil reports of a site within the state for an on-site sewage management system886
who meets any one of the following criteria:887
(A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this888
subsection;889
S. B. 195
- 35 - 24 SB 195/AP
(B) Holds a valid certificate of registration as a professional engineer issued pursuant
890
to Chapter 15 of Title 43 and is practicing within his or her area of engineering891
competency;892
(C) Holds a valid certificate of registration as a registered geologist issued pursuant to893
Chapter 19 of Title 43 and is practicing within his or her area of geologic competency;894
or895
(D) Is a soil and water conservation technician as defined in subparagraph (A) of896
paragraph (3) of this subsection.897
(2) Upon the submission of an evaluation of the suitability of a site within the state for898
an on-site sewage management system by such a person who is registered with the899
department, the county board of health shall be required to accept the evaluation unless900
such evaluation is found by the county board of health to be deficient or questionable. 901
If the county board of health finds such evaluation to be deficient or questionable, the902
board shall, within three working days of making such finding, issue a written903
determination stating all deficiencies and all measures needed to correct the deficiencies. 904
A copy of this determination shall be provided to the state director of environmental905
health.906
(3) As used in this subsection, the term:907
(A) 'Soil and water conservation technician' means a person employed as a soil and908
water conservation technician by a soil and water conservation district provided for in909
Article 2 of Chapter 6 of Title 2.910
(B) 'Soil classifier' means a person who:911
(i) Holds at least a bachelor of science degree from an accredited college or912
university with a major in soil science or a related field of science. This degree shall913
include 30 semester credit hours or equivalent quarter credit hours in the biological,914
physical, chemical, and earth sciences with a minimum of 15 semester credit hours915
or equivalent quarter hours in soil science courses meeting the following distribution:916
S. B. 195
- 36 - 24 SB 195/AP
(I) A minimum of one course in soil classification, morphology, genesis, and
917
mapping; and918
(II) The remaining soil science credits must
shall be in at least three of the919
following eight categories: introductory soil science; soil fertility; soil920
microbiology; soil chemistry; soil physics; soil management, soils and land use, or921
soils and the environment; soil mineralogy; or a three credit maximum in922
independent study, geology, or hydrology; and923
(ii) Has at least four years of verifiable full-time or equivalent part-time experience.924
Two years of such experience, as determined by the department's soil classifiers925
advisory committee, shall have been obtained after meeting all the educational926
requirements of division (i) of this subparagraph under the supervision of a soil927
classifier who has met the education and experience requirements provided in this928
subparagraph. Such experience must be obtained after meeting all educational929
requirements defined in this subparagraph and must shall have been spent actively930
mapping, identifying, and classifying soil features and interpreting the influence of931
soil features on soil uses, including, but not limited to, conducting soil investigations932
for determining the suitability of sites for on-site sewage management systems as933
approved by the department's soil classifiers advisory committee. The remaining two934
years of such experience, as determined by the department's soil classifiers advisory935
committee, shall have occurred prior to, during, or after meeting all the educational936
requirements of division (i) of this subparagraph and shall have included the937
utilization of soil science concepts and techniques in mapping, identifying, and938
classifying soil features and interpreting the influence of soil features on soil uses,939
including, but not limited to, conducting soil investigations for determining the940
suitability of sites for on-site sewage management systems as approved by the941
department's soil classifiers advisory committee; and942
S. B. 195
- 37 - 24 SB 195/AP
(iii) Has successfully passed a written examination pertaining to site investigations
943
for on-site sewage management systems administered or approved by the department."944
SECTION 5.945
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,946
is amended by revising paragraph (2) of Code Section 43-15-2, relating to definitions relative947
to professional engineers and land surveyors, as follows:948
"(2) 'Certificate' means any certificate issued under Code Section 43-15-8 or 43-15-12
949
45-15-13."950
SECTION 6.951
Said title is further amended by repealing Code Section 43-15-12, relating to surveyor intern952
certificate and eligibility, and designating said Code section as reserved.953
SECTION 7.954
Said title is further amended by repealing Code Section 43-15-13, relating to professional955
land surveyor license and eligibility, and enacting a new Code section to read as follows:956
"43-15-13.957
(a) To be eligible for licensure as a professional land surveyor, an applicant shall:958
(1) Complete the education and training requirements of subparagraph (A), (B), or (C)959
of this paragraph as follows:960
(A)(i) Earn a bachelor's degree in a curriculum approved by the board. Such961
applicant shall complete a minimum of 18 semester hours in land surveying subjects962
acceptable to the board as a part of or separate from such degree; and963
(ii) Acquire not less than three years of combined office and field experience in land964
surveying of a nature satisfactory to the board;965
S. B. 195
- 38 - 24 SB 195/AP
(B)(i) Earn an associate's degree in a curriculum approved by the board. Such966
applicant shall complete a minimum of 18 semester hours in land surveying subjects967
acceptable to the board as a part of or separate from such degree; and968
(ii) Acquire not less than five years of combined office and field experience in land969
surveying of a nature satisfactory to the board; or970
(C)(i) Earn a high school diploma or its equivalent. Such applicant shall complete971
a minimum of 18 semester hours in land surveying subjects acceptable to the board;972
and973
(ii) Acquire not less than eight years of combined office and field experience in land974
surveying of a nature satisfactory to the board; and975
(2)(A) Pass each of the following board approved examinations:976
(i) The fundamentals of surveying examination;977
(ii) The principles and practices of land surveying examination; and978
(iii) The laws and history of land surveying in Georgia examination.979
(B) The examinations listed in divisions (i) through (iii) of subparagraph (A) of this980
paragraph may be taken after completion of the education requirements of paragraph981
(1) of this subsection; provided, however, that the examination in division (i) of982
subparagraph (A) of this paragraph shall be taken and passed before the examination983
in division (ii) of subparagraph (A) of this paragraph is taken, and the examination984
listed in division (ii) of subparagraph (A) of this paragraph shall be taken and passed985
before the examination in division (iii) of subparagraph (A) of this paragraph is taken.986
(b) The board may issue a land surveyor intern certificate to an applicant who has:987
(1) Completed the education requirements set forth in division (a)(1)(A)(i), (a)(1)(B)(i),988
or (a)(1)(C)(i) of this Code section;989
(2) Passed the board approved fundamentals of surveying examination as required under990
division (a)(2)(A)(i) of this Code section; and991
S. B. 195
- 39 - 24 SB 195/AP
(3) Completed such additional requirements as may be required by the board through992
rules and regulations."993
SECTION 8.994
All laws and parts of laws in conflict with this Act are repealed.995
S. B. 195
- 40 -