Illinois 2023-2024 Regular Session

Illinois House Bill HB5375 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5375 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act Creates the Social Work Licensure Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purpose of the Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services and that the Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure. Includes provisions about state participation in the compact, social worker participation in the compact, issuance of a multistate license, creation of the Social Work Licensure Compact Commission, the authority of the Commission and state licensing authorities, reissuance of a multistate license by a new home state, licensing of active military members, adverse actions against a multistate licensee, development of a multistate data system, rulemaking authority of the Commission, effect and conflict with state laws, oversight, dispute resolution, enforcement, the effective date of the Compact, withdrawal from the Compact, amendments to the Compact, and construction and severability of provisions of the Compact. LRB103 38821 AWJ 68958 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5375 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act New Act Creates the Social Work Licensure Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purpose of the Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services and that the Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure. Includes provisions about state participation in the compact, social worker participation in the compact, issuance of a multistate license, creation of the Social Work Licensure Compact Commission, the authority of the Commission and state licensing authorities, reissuance of a multistate license by a new home state, licensing of active military members, adverse actions against a multistate licensee, development of a multistate data system, rulemaking authority of the Commission, effect and conflict with state laws, oversight, dispute resolution, enforcement, the effective date of the Compact, withdrawal from the Compact, amendments to the Compact, and construction and severability of provisions of the Compact. LRB103 38821 AWJ 68958 b LRB103 38821 AWJ 68958 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5375 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Social Work Licensure Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purpose of the Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services and that the Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure. Includes provisions about state participation in the compact, social worker participation in the compact, issuance of a multistate license, creation of the Social Work Licensure Compact Commission, the authority of the Commission and state licensing authorities, reissuance of a multistate license by a new home state, licensing of active military members, adverse actions against a multistate licensee, development of a multistate data system, rulemaking authority of the Commission, effect and conflict with state laws, oversight, dispute resolution, enforcement, the effective date of the Compact, withdrawal from the Compact, amendments to the Compact, and construction and severability of provisions of the Compact.
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11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Social
15	15	5 Work Licensure Compact Act.
16	16	6 Section 5. Social Work Licensure Compact. The State of
17	17	7 Illinois ratifies and approves the following Compact:
18	18	8 SOCIAL WORK LICENSURE COMPACT
19	19	9 SECTION 1: PURPOSE
20	20	10 The purpose of this Compact is to facilitate interstate
21	21	11 practice of Regulated Social Workers by improving public
22	22	12 access to competent Social Work Services. The Compact
23	23	13 preserves the regulatory authority of States to protect public
24	24	14 health and safety through the current system of State
25	25	15 licensure.
26	26	16 This Compact is designed to achieve the following
27	27	17 objectives:
28	28	18 A. Increase public access to Social Work Services;
29	29	19 B. Reduce overly burdensome and duplicative requirements
30	30	20 associated with holding multiple licenses;
31	31	21 C. Enhance the Member States' ability to protect the
32	32	22 public's health and safety;
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5375 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	Creates the Social Work Licensure Compact Act. Provides that the State of Illinois ratifies and approves the Compact. Provides that the purpose of the Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services and that the Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure. Includes provisions about state participation in the compact, social worker participation in the compact, issuance of a multistate license, creation of the Social Work Licensure Compact Commission, the authority of the Commission and state licensing authorities, reissuance of a multistate license by a new home state, licensing of active military members, adverse actions against a multistate licensee, development of a multistate data system, rulemaking authority of the Commission, effect and conflict with state laws, oversight, dispute resolution, enforcement, the effective date of the Compact, withdrawal from the Compact, amendments to the Compact, and construction and severability of provisions of the Compact.
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67	67	1 D. Encourage the cooperation of Member States in
68	68	2 regulating multistate practice;
69	69	3 E. Promote mobility and address workforce shortages by
70	70	4 eliminating the necessity for licenses in multiple States by
71	71	5 providing for the mutual recognition of other Member State
72	72	6 licenses;
73	73	7 F. Support military families;
74	74	8 G. Facilitate the exchange of licensure and disciplinary
75	75	9 information among Member States;
76	76	10 H. Authorize all Member States to hold a Regulated Social
77	77	11 Worker accountable for abiding by a Member State's laws,
78	78	12 regulations, and applicable professional standards in the
79	79	13 Member State in which the client is located at the time care is
80	80	14 rendered; and
81	81	15 I. Allow for the use of telehealth to facilitate increased
82	82	16 access to regulated Social Work Services.
83	83	17 SECTION 2. DEFINITIONS
84	84	18 As used in this Compact, and except as otherwise provided,
85	85	19 the following definitions shall apply:
86	86	20 A. "Active Military Member" means any individual with
87	87	21 full-time duty status in the active armed forces of the United
88	88	22 States including members of the National Guard and Reserve.
89	89	23 B. "Adverse Action" means any administrative, civil,
90	90	24 equitable or criminal action permitted by a State's laws which
91	91	25 is imposed by a Licensing Authority or other authority against
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102	102	1 a Regulated Social Worker, including actions against an
103	103	2 individual's license or Multistate Authorization to Practice
104	104	3 such as revocation, suspension, probation, monitoring of the
105	105	4 Licensee, limitation on the Licensee's practice, or any other
106	106	5 Encumbrance on licensure affecting a Regulated Social Worker's
107	107	6 authorization to practice, including issuance of a cease and
108	108	7 desist action.
109	109	8 C. "Alternative Program" means a non-disciplinary
110	110	9 monitoring or practice remediation process approved by a
111	111	10 Licensing Authority to address practitioners with an
112	112	11 Impairment.
113	113	12 D. "Charter Member States" - Member States who have
114	114	13 enacted legislation to adopt this Compact where such
115	115	14 legislation predates the effective date of this Compact as
116	116	15 described in Section 14.
117	117	16 E. "Compact Commission" or "Commission" means the
118	118	17 government agency whose membership consists of all States that
119	119	18 have enacted this Compact, which is known as the Social Work
120	120	19 Licensure Compact Commission, as described in Section 10, and
121	121	20 which shall operate as an instrumentality of the Member
122	122	21 States.
123	123	22 F. "Current Significant Investigative Information" means:
124	124	23 1. Investigative information that a Licensing
125	125	24 Authority, after a preliminary inquiry that includes
126	126	25 notification and an opportunity for the Regulated Social
127	127	26 Worker to respond has reason to believe is not groundless
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138	138	1 and, if proved true, would indicate more than a minor
139	139	2 infraction as may be defined by the Commission; or
140	140	3 2. Investigative information that indicates that the
141	141	4 Regulated Social Worker represents an immediate threat to
142	142	5 public health and safety, as may be defined by the
143	143	6 Commission, regardless of whether the Regulated Social
144	144	7 Worker has been notified and has had an opportunity to
145	145	8 respond.
146	146	9 G. "Data System" means a repository of information about
147	147	10 Licensees, including, continuing education, examination,
148	148	11 licensure, Current Significant Investigative Information,
149	149	12 Disqualifying Event, Multistate License(s) and Adverse Action
150	150	13 information or other information as required by the
151	151	14 Commission.
152	152	15 H. "Disqualifying Event" means any Adverse Action or
153	153	16 incident which results in an Encumbrance that disqualifies or
154	154	17 makes the Licensee ineligible to either obtain, retain or
155	155	18 renew a Multistate License.
156	156	19 I. "Domicile" means the jurisdiction in which the Licensee
157	157	20 resides and intends to remain indefinitely.
158	158	21 J. "Encumbrance" means a revocation or suspension of, or
159	159	22 any limitation on, the full and unrestricted practice of
160	160	23 Social Work licensed and regulated by a Licensing Authority.
161	161	24 K. "Executive Committee" means a group of delegates
162	162	25 elected or appointed to act on behalf of, and within the powers
163	163	26 granted to them by, the compact and Commission.
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174	174	1 L. "Home State" means the Member State that is the
175	175	2 Licensee's primary Domicile.
176	176	3 M. "Impairment" means a condition(s) that may impair a
177	177	4 practitioner's ability to engage in full and unrestricted
178	178	5 practice as a Regulated Social Worker without some type of
179	179	6 intervention and may include alcohol and drug dependence,
180	180	7 mental health impairment, and neurological or physical
181	181	8 impairments.
182	182	9 N. "Licensee(s)" means an individual who currently holds a
183	183	10 license from a State to practice as a Regulated Social Worker.
184	184	11 O. "Licensing Authority" means the board or agency of a
185	185	12 Member State, or equivalent, that is responsible for the
186	186	13 licensing and regulation of Regulated Social Workers.
187	187	14 P. "Member State" means a state, commonwealth, district,
188	188	15 or territory of the United States of America that has enacted
189	189	16 this Compact.
190	190	17 Q. "Multistate Authorization to Practice" means a legally
191	191	18 authorized privilege to practice, which is equivalent to a
192	192	19 license, associated with a Multistate License permitting the
193	193	20 practice of Social Work in a Remote State.
194	194	21 R. "Multistate License" means a license to practice as a
195	195	22 Regulated Social Worker issued by a Home State Licensing
196	196	23 Authority that authorizes the Regulated Social Worker to
197	197	24 practice in all Member States under Multistate Authorization
198	198	25 to Practice.
199	199	26 S. "Qualifying National Exam" means a national licensing
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210	210	1 examination approved by the Commission.
211	211	2 T. "Regulated Social Worker" means any clinical, master's
212	212	3 or bachelor's Social Worker licensed by a Member State
213	213	4 regardless of the title used by that Member State.
214	214	5 U. "Remote State" means a Member State other than the
215	215	6 Licensee's Home State.
216	216	7 V. "Rule(s)" or "Rule(s) of the Commission" means a
217	217	8 regulation or regulations duly promulgated by the Commission,
218	218	9 as authorized by the Compact, that has the force of law.
219	219	10 W. "Single State License" means a Social Work license
220	220	11 issued by any State that authorizes practice only within the
221	221	12 issuing State and does not include Multistate Authorization to
222	222	13 Practice in any Member State.
223	223	14 X. "Social Work" or "Social Work Services" means the
224	224	15 application of social work theory, knowledge, methods, ethics,
225	225	16 and the professional use of self to restore or enhance social,
226	226	17 psychosocial, or biopsychosocial functioning of individuals,
227	227	18 couples, families, groups, organizations, and communities
228	228	19 through the care and services provided by a Regulated Social
229	229	20 Worker as set forth in the Member State's statutes and
230	230	21 regulations in the State where the services are being
231	231	22 provided.
232	232	23 Y. "State" means any state, commonwealth, district, or
233	233	24 territory of the United States of America that regulates the
234	234	25 practice of Social Work.
235	235	26 Z. "Unencumbered License" means a license that authorizes
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246	246	1 a Regulated Social Worker to engage in the full and
247	247	2 unrestricted practice of Social Work.
248	248	3 SECTION 3. STATE PARTICIPATION IN THE COMPACT
249	249	4 A. To be eligible to participate in the compact, a
250	250	5 potential Member State must currently meet all of the
251	251	6 following criteria:
252	252	7 1. License and regulate the practice of Social Work at
253	253	8 either the clinical, master's, or bachelor's category.
254	254	9 2. Require applicants for licensure to graduate from a
255	255	10 program that is:
256	256	11 a. Operated by a college or university recognized
257	257	12 by the Licensing Authority;
258	258	13 b. Accredited, or in candidacy by an institution
259	259	14 that subsequently becomes accredited, by an
260	260	15 accrediting agency recognized by either:
261	261	16 i. the Council for Higher Education
262	262	17 Accreditation, or its successor; or
263	263	18 ii. the United States Department of Education;
264	264	19 and
265	265	20 c. Corresponds to the licensure sought as outlined
266	266	21 in Section 4.
267	267	22 3. Require applicants for clinical licensure to
268	268	23 complete a period of supervised practice.
269	269	24 4. Have a mechanism in place for receiving,
270	270	25 investigating, and adjudicating complaints about
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281	281	1 Licensees.
282	282	2 B. To maintain membership in the Compact a Member State
283	283	3 shall:
284	284	4 1. Require that applicants for a Multistate License
285	285	5 pass a Qualifying National Exam for the corresponding
286	286	6 category of Multistate License sought as outlined in
287	287	7 Section 4.
288	288	8 2. Participate fully in the Commission's Data System,
289	289	9 including using the Commission's unique identifier as
290	290	10 defined in Rules;
291	291	11 3. Notify the Commission, in compliance with the terms
292	292	12 of the Compact and Rules, of any Adverse Action or the
293	293	13 availability of Current Significant Investigative
294	294	14 Information regarding a Licensee;
295	295	15 4. Implement procedures for considering the criminal
296	296	16 history records of applicants for a Multistate License.
297	297	17 Such procedures shall include the submission of
298	298	18 fingerprints or other biometric-based information by
299	299	19 applicants for the purpose of obtaining an applicant's
300	300	20 criminal history record information from the Federal
301	301	21 Bureau of Investigation and the agency responsible for
302	302	22 retaining that State's criminal records.
303	303	23 5. Comply with the Rules of the Commission;
304	304	24 6. Require an applicant to obtain or retain a license
305	305	25 in the Home State and meet the Home State's qualifications
306	306	26 for licensure or renewal of licensure, as well as all
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317	317	1 other applicable Home State laws;
318	318	2 7. Authorize a Licensee holding a Multistate License
319	319	3 in any Member State to practice in accordance with the
320	320	4 terms of the Compact and Rules of the Commission; and
321	321	5 8. Designate a delegate to participate in the
322	322	6 Commission meetings.
323	323	7 C. A Member State meeting the requirements of Section 3.A.
324	324	8 and 3.B of this Compact shall designate the categories of
325	325	9 Social Work licensure that are eligible for issuance of a
326	326	10 Multistate License for applicants in such Member State. To the
327	327	11 extent that any Member State does not meet the requirements
328	328	12 for participation in the Compact at any particular category of
329	329	13 Social Work licensure, such Member State may choose, but is
330	330	14 not obligated to, issue a Multistate License to applicants
331	331	15 that otherwise meet the requirements of Section 4 for issuance
332	332	16 of a Multistate License in such category or categories of
333	333	17 licensure.
334	334	18 D. The Home State may charge a fee for granting the
335	335	19 Multistate License.
336	336	20 SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT
337	337	21 A. To be eligible for a Multistate License under the terms
338	338	22 and provisions of the Compact, an applicant, regardless of
339	339	23 category must:
340	340	24 1. Hold or be eligible for an active, Unencumbered
341	341	25 License in the Home State;
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352	352	1 2. Pay any applicable fees, including any State fee,
353	353	2 for the Multistate License;
354	354	3 3. Submit, in connection with an application for a
355	355	4 Multistate License, fingerprints or other biometric data
356	356	5 for the purpose of obtaining criminal history record
357	357	6 information from the Federal Bureau of Investigation and
358	358	7 the agency responsible for retaining that State's criminal
359	359	8 records.
360	360	9 4. Notify the Home State of any Adverse Action,
361	361	10 Encumbrance, or restriction on any professional license
362	362	11 taken by any Member State or non-Member State within 30
363	363	12 days from the date the action is taken.
364	364	13 5. Meet any continuing competence requirements
365	365	14 established by the Home State;
366	366	15 6. Abide by the laws, regulations, and applicable
367	367	16 standards in the Member State where the client is located
368	368	17 at the time care is rendered.
369	369	18 B. An applicant for a clinical-category Multistate License
370	370	19 must meet all of the following requirements:
371	371	20 1. Fulfill a competency requirement, which shall be
372	372	21 satisfied by either:
373	373	22 a. Passage of a clinical-category Qualifying
374	374	23 National Exam; or
375	375	24 b. Licensure of the applicant in their Home State
376	376	25 at the clinical category, beginning prior to such time
377	377	26 as a Qualifying National Exam was required by the Home
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388	388	1 State and accompanied by a period of continuous Social
389	389	2 Work licensure thereafter, all of which may be further
390	390	3 governed by the Rules of the Commission; or
391	391	4 c. The substantial equivalency of the foregoing
392	392	5 competency requirements which the Commission may
393	393	6 determine by Rule.
394	394	7 2. Attain at least a master's degree in Social Work
395	395	8 from a program that is:
396	396	9 a. Operated by a college or university recognized
397	397	10 by the Licensing Authority; and
398	398	11 b. Accredited, or in candidacy that subsequently
399	399	12 becomes accredited, by an accrediting agency
400	400	13 recognized by either:
401	401	14 i. the Council for Higher Education
402	402	15 Accreditation or its successor; or
403	403	16 ii. the United States Department of Education.
404	404	17 3. Fulfill a practice requirement, which shall be
405	405	18 satisfied by demonstrating completion of either:
406	406	19 a. A period of postgraduate supervised clinical
407	407	20 practice equal to a minimum of three thousand hours;
408	408	21 or
409	409	22 b. A minimum of two years of full-time
410	410	23 postgraduate supervised clinical practice; or
411	411	24 c. The substantial equivalency of the foregoing
412	412	25 practice requirements which the Commission may
413	413	26 determine by Rule.
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424	424	1 C. An applicant for a master's-category Multistate License
425	425	2 must meet all of the following requirements:
426	426	3 1. Fulfill a competency requirement, which shall be
427	427	4 satisfied by either:
428	428	5 a. Passage of a masters-category Qualifying
429	429	6 National Exam;
430	430	7 b. Licensure of the applicant in their Home State
431	431	8 at the master's category, beginning prior to such time
432	432	9 as a Qualifying National Exam was required by the Home
433	433	10 State at the master's category and accompanied by a
434	434	11 continuous period of Social Work licensure thereafter,
435	435	12 all of which may be further governed by the Rules of
436	436	13 the Commission; or
437	437	14 c. The substantial equivalency of the foregoing
438	438	15 competency requirements which the Commission may
439	439	16 determine by Rule.
440	440	17 2. Attain at least a master's degree in Social Work
441	441	18 from a program that is:
442	442	19 a. Operated by a college or university recognized
443	443	20 by the Licensing Authority; and
444	444	21 b. Accredited, or in candidacy that subsequently
445	445	22 becomes accredited, by an accrediting agency
446	446	23 recognized by either:
447	447	24 i. the Council for Higher Education
448	448	25 Accreditation or its successor; or
449	449	26 ii. the United States Department of Education.
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460	460	1 D. An applicant for a bachelor's-category Multistate
461	461	2 License must meet all of the following requirements:
462	462	3 1. Fulfill a competency requirement, which shall be
463	463	4 satisfied by either:
464	464	5 a. Passage of a bachelor's-category Qualifying
465	465	6 National Exam;
466	466	7 b. Licensure of the applicant in their Home State
467	467	8 at the bachelor's category, beginning prior to such
468	468	9 time as a Qualifying National Exam was required by the
469	469	10 Home State and accompanied by a period of continuous
470	470	11 Social Work licensure thereafter, all of which may be
471	471	12 further governed by the Rules of the Commission; or
472	472	13 c. The substantial equivalency of the foregoing
473	473	14 competency requirements which the Commission may
474	474	15 determine by Rule.
475	475	16 2. Attain at least a bachelor's degree in Social Work
476	476	17 from a program that is:
477	477	18 a. Operated by a college or university recognized
478	478	19 by the Licensing Authority; and
479	479	20 b. Accredited, or in candidacy that subsequently
480	480	21 becomes accredited, by an accrediting agency
481	481	22 recognized by either:
482	482	23 i. the Council for Higher Education
483	483	24 Accreditation or its successor; or
484	484	25 ii. the United States Department of Education.
485	485	26 E. The Multistate License for a Regulated Social Worker is
486	486
487	487
488	488
489	489
490	490
491	491	HB5375 - 13 - LRB103 38821 AWJ 68958 b
492	492
493	493
494	494	HB5375- 14 -LRB103 38821 AWJ 68958 b HB5375 - 14 - LRB103 38821 AWJ 68958 b
495	495	HB5375 - 14 - LRB103 38821 AWJ 68958 b
496	496	1 subject to the renewal requirements of the Home State. The
497	497	2 Regulated Social Worker must maintain compliance with the
498	498	3 requirements of Section 4(A) to be eligible to renew a
499	499	4 Multistate License.
500	500	5 F. The Regulated Social Worker's services in a Remote
501	501	6 State are subject to that Member State's regulatory authority.
502	502	7 A Remote State may, in accordance with due process and that
503	503	8 Member State's laws, remove a Regulated Social Worker's
504	504	9 Multistate Authorization to Practice in the Remote State for a
505	505	10 specific period of time, impose fines, and take any other
506	506	11 necessary actions to protect the health and safety of its
507	507	12 citizens.
508	508	13 G. If a Multistate License is encumbered, the Regulated
509	509	14 Social Worker's Multistate Authorization to Practice shall be
510	510	15 deactivated in all Remote States until the Multistate License
511	511	16 is no longer encumbered.
512	512	17 H. If a Multistate Authorization to Practice is encumbered
513	513	18 in a Remote State, the regulated Social Worker's Multistate
514	514	19 Authorization to Practice may be deactivated in that State
515	515	20 until the Multistate Authorization to Practice is no longer
516	516	21 encumbered.
517	517	22 SECTION 5: ISSUANCE OF A MULTISTATE LICENSE
518	518	23 A. Upon receipt of an application for Multistate License,
519	519	24 the Home State Licensing Authority shall determine the
520	520	25 applicant's eligibility for a Multistate License in accordance
521	521
522	522
523	523
524	524
525	525
526	526	HB5375 - 14 - LRB103 38821 AWJ 68958 b
527	527
528	528
529	529	HB5375- 15 -LRB103 38821 AWJ 68958 b HB5375 - 15 - LRB103 38821 AWJ 68958 b
530	530	HB5375 - 15 - LRB103 38821 AWJ 68958 b
531	531	1 with Section 4 of this Compact.
532	532	2 B. If such applicant is eligible pursuant to Section 4 of
533	533	3 this Compact, the Home State Licensing Authority shall issue a
534	534	4 Multistate License that authorizes the applicant or Regulated
535	535	5 Social Worker to practice in all Member States under a
536	536	6 Multistate Authorization to Practice.
537	537	7 C. Upon issuance of a Multistate License, the Home State
538	538	8 Licensing Authority shall designate whether the Regulated
539	539	9 Social Worker holds a Multistate License in the Bachelors,
540	540	10 Masters, or Clinical category of Social Work.
541	541	11 D. A Multistate License issued by a Home State to a
542	542	12 resident in that State shall be recognized by all Compact
543	543	13 Member States as authorizing Social Work Practice under a
544	544	14 Multistate Authorization to Practice corresponding to each
545	545	15 category of licensure regulated in each Member State.
546	546	16 SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND
547	547	17 MEMBER STATE LICENSING AUTHORITIES
548	548	18 A. Nothing in this Compact, nor any Rule of the
549	549	19 Commission, shall be construed to limit, restrict, or in any
550	550	20 way reduce the ability of a Member State to enact and enforce
551	551	21 laws, regulations, or other rules related to the practice of
552	552	22 Social Work in that State, where those laws, regulations, or
553	553	23 other rules are not inconsistent with the provisions of this
554	554	24 Compact.
555	555	25 B. Nothing in this Compact shall affect the requirements
556	556
557	557
558	558
559	559
560	560
561	561	HB5375 - 15 - LRB103 38821 AWJ 68958 b
562	562
563	563
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565	565	HB5375 - 16 - LRB103 38821 AWJ 68958 b
566	566	1 established by a Member State for the issuance of a Single
567	567	2 State License.
568	568	3 C. Nothing in this Compact, nor any Rule of the
569	569	4 Commission, shall be construed to limit, restrict, or in any
570	570	5 way reduce the ability of a Member State to take Adverse Action
571	571	6 against a Licensee's Single State License to practice Social
572	572	7 Work in that State.
573	573	8 D. Nothing in this Compact, nor any Rule of the
574	574	9 Commission, shall be construed to limit, restrict, or in any
575	575	10 way reduce the ability of a Remote State to take Adverse Action
576	576	11 against a Licensee's Multistate Authorization to Practice in
577	577	12 that State.
578	578	13 E. Nothing in this Compact, nor any Rule of the
579	579	14 Commission, shall be construed to limit, restrict, or in any
580	580	15 way reduce the ability of a Licensee's Home State to take
581	581	16 Adverse Action against a Licensee's Multistate License based
582	582	17 upon information provided by a Remote State.
583	583	18 SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW
584	584	19 HOME STATE
585	585	20 A. A Licensee can hold a Multistate License, issued by
586	586	21 their Home State, in only one Member State at any given time.
587	587	22 B. If a Licensee changes their Home State by moving
588	588	23 between two Member States:
589	589	24 1. The Licensee shall immediately apply for the
590	590	25 reissuance of their Multistate License in their new Home
591	591
592	592
593	593
594	594
595	595
596	596	HB5375 - 16 - LRB103 38821 AWJ 68958 b
597	597
598	598
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600	600	HB5375 - 17 - LRB103 38821 AWJ 68958 b
601	601	1 State. The Licensee shall pay all applicable fees and
602	602	2 notify the prior Home State in accordance with the Rules
603	603	3 of the Commission.
604	604	4 2. Upon receipt of an application to reissue a
605	605	5 Multistate License, the new Home State shall verify that
606	606	6 the Multistate License is active, unencumbered and
607	607	7 eligible for reissuance under the terms of the Compact and
608	608	8 the Rules of the Commission. The Multistate License issued
609	609	9 by the prior Home State will be deactivated and all Member
610	610	10 States notified in accordance with the applicable Rules
611	611	11 adopted by the Commission.
612	612	12 3. Prior to the reissuance of the Multistate License,
613	613	13 the new Home State shall conduct procedures for
614	614	14 considering the criminal history records of the Licensee.
615	615	15 Such procedures shall include the submission of
616	616	16 fingerprints or other biometric-based information by
617	617	17 applicants for the purpose of obtaining an applicant's
618	618	18 criminal history record information from the Federal
619	619	19 Bureau of Investigation and the agency responsible for
620	620	20 retaining that State's criminal records.
621	621	21 4. If required for initial licensure, the new Home
622	622	22 State may require completion of jurisprudence requirements
623	623	23 in the new Home State.
624	624	24 5. Notwithstanding any other provision of this
625	625	25 Compact, if a Licensee does not meet the requirements set
626	626	26 forth in this Compact for the reissuance of a Multistate
627	627
628	628
629	629
630	630
631	631
632	632	HB5375 - 17 - LRB103 38821 AWJ 68958 b
633	633
634	634
635	635	HB5375- 18 -LRB103 38821 AWJ 68958 b HB5375 - 18 - LRB103 38821 AWJ 68958 b
636	636	HB5375 - 18 - LRB103 38821 AWJ 68958 b
637	637	1 License by the new Home State, then the Licensee shall be
638	638	2 subject to the new Home State requirements for the
639	639	3 issuance of a Single State License in that State.
640	640	4 C. If a Licensee changes their primary State of residence
641	641	5 by moving from a Member State to a non-Member State, or from a
642	642	6 non-Member State to a Member State, then the Licensee shall be
643	643	7 subject to the State requirements for the issuance of a Single
644	644	8 State License in the new Home State.
645	645	9 D. Nothing in this Compact shall interfere with a
646	646	10 Licensee's ability to hold a Single State License in multiple
647	647	11 States; however, for the purposes of this Compact, a Licensee
648	648	12 shall have only one Home State, and only one Multistate
649	649	13 License.
650	650	14 E. Nothing in this Compact shall interfere with the
651	651	15 requirements established by a Member State for the issuance of
652	652	16 a Single State License.
653	653	17 SECTION 8. MILITARY FAMILIES
654	654	18 An Active Military Member or their spouse shall designate
655	655	19 a Home State where the individual has a Multistate License.
656	656	20 The individual may retain their Home State designation during
657	657	21 the period the service member is on active duty.
658	658	22 SECTION 9. ADVERSE ACTIONS
659	659	23 A. In addition to the other powers conferred by State law,
660	660	24 a Remote State shall have the authority, in accordance with
661	661
662	662
663	663
664	664
665	665
666	666	HB5375 - 18 - LRB103 38821 AWJ 68958 b
667	667
668	668
669	669	HB5375- 19 -LRB103 38821 AWJ 68958 b HB5375 - 19 - LRB103 38821 AWJ 68958 b
670	670	HB5375 - 19 - LRB103 38821 AWJ 68958 b
671	671	1 existing State due process law, to:
672	672	2 1. Take Adverse Action against a Regulated Social
673	673	3 Worker's Multistate Authorization to Practice only within
674	674	4 that Member State, and issue subpoenas for both hearings
675	675	5 and investigations that require the attendance and
676	676	6 testimony of witnesses as well as the production of
677	677	7 evidence. Subpoenas issued by a Licensing Authority in a
678	678	8 Member State for the attendance and testimony of witnesses
679	679	9 or the production of evidence from another Member State
680	680	10 shall be enforced in the latter State by any court of
681	681	11 competent jurisdiction, according to the practice and
682	682	12 procedure of that court applicable to subpoenas issued in
683	683	13 proceedings pending before it. The issuing Licensing
684	684	14 Authority shall pay any witness fees, travel expenses,
685	685	15 mileage, and other fees required by the service statutes
686	686	16 of the State in which the witnesses or evidence are
687	687	17 located.
688	688	18 2. Only the Home State shall have the power to take
689	689	19 Adverse Action against a Regulated Social Worker's
690	690	20 Multistate License.
691	691	21 B. For purposes of taking Adverse Action, the Home State
692	692	22 shall give the same priority and effect to reported conduct
693	693	23 received from a Member State as it would if the conduct had
694	694	24 occurred within the Home State. In so doing, the Home State
695	695	25 shall apply its own State laws to determine appropriate
696	696	26 action.
697	697
698	698
699	699
700	700
701	701
702	702	HB5375 - 19 - LRB103 38821 AWJ 68958 b
703	703
704	704
705	705	HB5375- 20 -LRB103 38821 AWJ 68958 b HB5375 - 20 - LRB103 38821 AWJ 68958 b
706	706	HB5375 - 20 - LRB103 38821 AWJ 68958 b
707	707	1 C. The Home State shall complete any pending
708	708	2 investigations of a Regulated Social Worker who changes their
709	709	3 Home State during the course of the investigations. The Home
710	710	4 State shall also have the authority to take appropriate
711	711	5 action(s) and shall promptly report the conclusions of the
712	712	6 investigations to the administrator of the Data System. The
713	713	7 administrator of the Data System shall promptly notify the new
714	714	8 Home State of any Adverse Actions.
715	715	9 D. A Member State, if otherwise permitted by State law,
716	716	10 may recover from the affected Regulated Social Worker the
717	717	11 costs of investigations and dispositions of cases resulting
718	718	12 from any Adverse Action taken against that Regulated Social
719	719	13 Worker.
720	720	14 E. A Member State may take Adverse Action based on the
721	721	15 factual findings of another Member State, provided that the
722	722	16 Member State follows its own procedures for taking the Adverse
723	723	17 Action.
724	724	18 F. Joint Investigations:
725	725	19 1. In addition to the authority granted to a Member
726	726	20 State by its respective Social Work practice act or other
727	727	21 applicable State law, any Member State may participate
728	728	22 with other Member States in joint investigations of
729	729	23 Licensees.
730	730	24 2. Member States shall share any investigative,
731	731	25 litigation, or compliance materials in furtherance of any
732	732	26 joint or individual investigation initiated under the
733	733
734	734
735	735
736	736
737	737
738	738	HB5375 - 20 - LRB103 38821 AWJ 68958 b
739	739
740	740
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742	742	HB5375 - 21 - LRB103 38821 AWJ 68958 b
743	743	1 Compact.
744	744	2 G. If Adverse Action is taken by the Home State against the
745	745	3 Multistate License of a Regulated Social Worker, the Regulated
746	746	4 Social Worker's Multistate Authorization to Practice in all
747	747	5 other Member States shall be deactivated until all
748	748	6 Encumbrances have been removed from the Multistate License.
749	749	7 All Home State disciplinary orders that impose Adverse Action
750	750	8 against the license of a Regulated Social Worker shall include
751	751	9 a statement that the Regulated Social Worker's Multistate
752	752	10 Authorization to Practice is deactivated in all Member States
753	753	11 until all conditions of the decision, order or agreement are
754	754	12 satisfied.
755	755	13 H. If a Member State takes Adverse Action, it shall
756	756	14 promptly notify the administrator of the Data System. The
757	757	15 administrator of the Data System shall promptly notify the
758	758	16 Home State and all other Member State's of any Adverse Actions
759	759	17 by Remote States.
760	760	18 I. Nothing in this Compact shall override a Member State's
761	761	19 decision that participation in an Alternative Program may be
762	762	20 used in lieu of Adverse Action.
763	763	21 J. Nothing in this Compact shall authorize a Member State
764	764	22 to demand the issuance of subpoenas for attendance and
765	765	23 testimony of witnesses or the production of evidence from
766	766	24 another Member State for lawful actions within that Member
767	767	25 State.
768	768	26 K. Nothing in this Compact shall authorize a Member State
769	769
770	770
771	771
772	772
773	773
774	774	HB5375 - 21 - LRB103 38821 AWJ 68958 b
775	775
776	776
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778	778	HB5375 - 22 - LRB103 38821 AWJ 68958 b
779	779	1 to impose discipline against a Regulated Social Worker who
780	780	2 holds a Multistate Authorization to Practice for lawful
781	781	3 actions within another Member State.
782	782	4 SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT
783	783	5 COMMISSION
784	784	6 A. The Compact Member States hereby create and establish a
785	785	7 joint government agency whose membership consists of all
786	786	8 Member States that have enacted the compact known as the
787	787	9 Social Work Licensure Compact Commission. The Commission is an
788	788	10 instrumentality of the Compact States acting jointly and not
789	789	11 an instrumentality of any one State. The Commission shall come
790	790	12 into existence on or after the effective date of the Compact as
791	791	13 set forth in Section 14.
792	792	14 B. Membership, Voting, and Meetings
793	793	15 1. Each Member State shall have and be limited to one
794	794	16 (1) delegate selected by that Member State's State
795	795	17 Licensing Authority.
796	796	18 2. The delegate shall be either:
797	797	19 a. A current member of the State Licensing
798	798	20 Authority at the time of appointment, who is a
799	799	21 Regulated Social Worker or public member of the State
800	800	22 Licensing Authority; or
801	801	23 b. An administrator of the State Licensing
802	802	24 Authority or their designee.
803	803	25 3. The Commission shall by Rule or bylaw establish a
804	804
805	805
806	806
807	807
808	808
809	809	HB5375 - 22 - LRB103 38821 AWJ 68958 b
810	810
811	811
812	812	HB5375- 23 -LRB103 38821 AWJ 68958 b HB5375 - 23 - LRB103 38821 AWJ 68958 b
813	813	HB5375 - 23 - LRB103 38821 AWJ 68958 b
814	814	1 term of office for delegates and may by Rule or bylaw
815	815	2 establish term limits.
816	816	3 4. The Commission may recommend removal or suspension
817	817	4 any delegate from office.
818	818	5 5. A Member State's State Licensing Authority shall
819	819	6 fill any vacancy of its delegate occurring on the
820	820	7 Commission within 60 days of the vacancy.
821	821	8 6. Each delegate shall be entitled to one vote on all
822	822	9 matters before the Commission requiring a vote by
823	823	10 Commission delegates.
824	824	11 7. A delegate shall vote in person or by such other
825	825	12 means as provided in the bylaws. The bylaws may provide
826	826	13 for delegates to meet by telecommunication,
827	827	14 videoconference, or other means of communication.
828	828	15 8. The Commission shall meet at least once during each
829	829	16 calendar year. Additional meetings may be held as set
830	830	17 forth in the bylaws. The Commission may meet by
831	831	18 telecommunication, video conference or other similar
832	832	19 electronic means.
833	833	20 C. The Commission shall have the following powers:
834	834	21 1. Establish the fiscal year of the Commission;
835	835	22 2. Establish code of conduct and conflict of interest
836	836	23 policies;
837	837	24 3. Establish and amend Rules and bylaws;
838	838	25 4. Maintain its financial records in accordance with
839	839	26 the bylaws;
840	840
841	841
842	842
843	843
844	844
845	845	HB5375 - 23 - LRB103 38821 AWJ 68958 b
846	846
847	847
848	848	HB5375- 24 -LRB103 38821 AWJ 68958 b HB5375 - 24 - LRB103 38821 AWJ 68958 b
849	849	HB5375 - 24 - LRB103 38821 AWJ 68958 b
850	850	1 5. Meet and take such actions as are consistent with
851	851	2 the provisions of this Compact, the Commission's Rules,
852	852	3 and the bylaws;
853	853	4 6. Initiate and conclude legal proceedings or actions
854	854	5 in the name of the Commission, provided that the standing
855	855	6 of any State Licensing Board to sue or be sued under
856	856	7 applicable law shall not be affected;
857	857	8 7. Maintain and certify records and information
858	858	9 provided to a Member State as the authenticated business
859	859	10 records of the Commission, and designate an agent to do so
860	860	11 on the Commission's behalf;
861	861	12 8. Purchase and maintain insurance and bonds;
862	862	13 9. Borrow, accept, or contract for services of
863	863	14 personnel, including, but not limited to, employees of a
864	864	15 Member State;
865	865	16 10. Conduct an annual financial review;
866	866	17 11. Hire employees, elect or appoint officers, fix
867	867	18 compensation, define duties, grant such individuals
868	868	19 appropriate authority to carry out the purposes of the
869	869	20 Compact, and establish the Commission's personnel policies
870	870	21 and programs relating to conflicts of interest,
871	871	22 qualifications of personnel, and other related personnel
872	872	23 matters;
873	873	24 12. Assess and collect fees;
874	874	25 13. Accept any and all appropriate gifts, donations,
875	875	26 grants of money, other sources of revenue, equipment,
876	876
877	877
878	878
879	879
880	880
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882	882
883	883
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885	885	HB5375 - 25 - LRB103 38821 AWJ 68958 b
886	886	1 supplies, materials, and services, and receive, utilize,
887	887	2 and dispose of the same; provided that at all times the
888	888	3 Commission shall avoid any appearance of impropriety or
889	889	4 conflict of interest;
890	890	5 14. Lease, purchase, retain, own, hold, improve, or
891	891	6 use any property, real, personal, or mixed, or any
892	892	7 undivided interest therein;
893	893	8 15. Sell, convey, mortgage, pledge, lease, exchange,
894	894	9 abandon, or otherwise dispose of any property real,
895	895	10 personal, or mixed;
896	896	11 16. Establish a budget and make expenditures;
897	897	12 17. Borrow money;
898	898	13 18. Appoint committees, including standing committees,
899	899	14 composed of members, State regulators, State legislators
900	900	15 or their representatives, and consumer representatives,
901	901	16 and such other interested persons as may be designated in
902	902	17 this Compact and the bylaws;
903	903	18 19. Provide and receive information from, and
904	904	19 cooperate with, law enforcement agencies;
905	905	20 20. Establish and elect an Executive Committee,
906	906	21 including a chair and a vice chair;
907	907	22 21. Determine whether a State's adopted language is
908	908	23 materially different from the model compact language such
909	909	24 that the State would not qualify for participation in the
910	910	25 Compact; and
911	911	26 22. Perform such other functions as may be necessary
912	912
913	913
914	914
915	915
916	916
917	917	HB5375 - 25 - LRB103 38821 AWJ 68958 b
918	918
919	919
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921	921	HB5375 - 26 - LRB103 38821 AWJ 68958 b
922	922	1 or appropriate to achieve the purposes of this Compact.
923	923	2 D. The Executive Committee
924	924	3 1. The Executive Committee shall have the power to act
925	925	4 on behalf of the Commission according to the terms of this
926	926	5 Compact. The powers, duties, and responsibilities of the
927	927	6 Executive Committee shall include:
928	928	7 a. Oversee the day-to-day activities of the
929	929	8 administration of the compact including enforcement
930	930	9 and compliance with the provisions of the compact, its
931	931	10 Rules and bylaws, and other such duties as deemed
932	932	11 necessary;
933	933	12 b. Recommend to the Commission changes to the
934	934	13 Rules or bylaws, changes to this Compact legislation,
935	935	14 fees charged to Compact Member States, fees charged to
936	936	15 Licensees, and other fees;
937	937	16 c. Ensure Compact administration services are
938	938	17 appropriately provided, including by contract;
939	939	18 d. Prepare and recommend the budget;
940	940	19 e. Maintain financial records on behalf of the
941	941	20 Commission;
942	942	21 f. Monitor Compact compliance of Member States and
943	943	22 provide compliance reports to the Commission;
944	944	23 g. Establish additional committees as necessary;
945	945	24 h. Exercise the powers and duties of the
946	946	25 Commission during the interim between Commission
947	947	26 meetings, except for adopting or amending Rules,
948	948
949	949
950	950
951	951
952	952
953	953	HB5375 - 26 - LRB103 38821 AWJ 68958 b
954	954
955	955
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957	957	HB5375 - 27 - LRB103 38821 AWJ 68958 b
958	958	1 adopting or amending bylaws, and exercising any other
959	959	2 powers and duties expressly reserved to the Commission
960	960	3 by Rule or bylaw; and
961	961	4 i. Other duties as provided in the Rules or bylaws
962	962	5 of the Commission.
963	963	6 2. The Executive Committee shall be composed of up to
964	964	7 eleven (11) members:
965	965	8 a. The chair and vice chair of the Commission
966	966	9 shall be voting members of the Executive Committee.
967	967	10 b. The Commission shall elect five voting members
968	968	11 from the current membership of the Commission.
969	969	12 c. Up to four (4) ex-officio, nonvoting members
970	970	13 from four (4) recognized national Social Work
971	971	14 organizations.
972	972	15 d. The ex-officio members will be selected by
973	973	16 their respective organizations.
974	974	17 3. The Commission may remove any member of the
975	975	18 Executive Committee as provided in the Commission's
976	976	19 bylaws.
977	977	20 4. The Executive Committee shall meet at least
978	978	21 annually.
979	979	22 a. Executive Committee meetings shall be open to
980	980	23 the public, except that the Executive Committee may
981	981	24 meet in a closed, non-public meeting as provided in
982	982	25 subsection F.2 below.
983	983	26 b. The Executive Committee shall give seven (7)
984	984
985	985
986	986
987	987
988	988
989	989	HB5375 - 27 - LRB103 38821 AWJ 68958 b
990	990
991	991
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993	993	HB5375 - 28 - LRB103 38821 AWJ 68958 b
994	994	1 days' notice of its meetings, posted on its website
995	995	2 and as determined to provide notice to persons with an
996	996	3 interest in the business of the Commission.
997	997	4 c. The Executive Committee may hold a special
998	998	5 meeting in accordance with subsection F.1.b. below.
999	999	6 E. The Commission shall adopt and provide to the Member
1000	1000	7 States an annual report.
1001	1001	8 F. Meetings of the Commission
1002	1002	9 1. All meetings shall be open to the public, except
1003	1003	10 that the Commission may meet in a closed, non-public
1004	1004	11 meeting as provided in subsection F.2 below.
1005	1005	12 a. Public notice for all meetings of the full
1006	1006	13 Commission of meetings shall be given in the same
1007	1007	14 manner as required under the Rulemaking provisions in
1008	1008	15 Section 12, except that the Commission may hold a
1009	1009	16 special meeting as provided in subsection F.1.b below.
1010	1010	17 b. The Commission may hold a special meeting when
1011	1011	18 it must meet to conduct emergency business by giving
1012	1012	19 48 hours' notice to all commissioners, on the
1013	1013	20 Commission's website, and other means as provided in
1014	1014	21 the Commission's Rules. The Commission's legal counsel
1015	1015	22 shall certify that the Commission's need to meet
1016	1016	23 qualifies as an emergency.
1017	1017	24 2. The Commission or the Executive Committee or other
1018	1018	25 committees of the Commission may convene in a closed,
1019	1019	26 non-public meeting for the Commission or Executive
1020	1020
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025	HB5375 - 28 - LRB103 38821 AWJ 68958 b
1026	1026
1027	1027
1028	1028	HB5375- 29 -LRB103 38821 AWJ 68958 b HB5375 - 29 - LRB103 38821 AWJ 68958 b
1029	1029	HB5375 - 29 - LRB103 38821 AWJ 68958 b
1030	1030	1 Committee or other committees of the Commission to receive
1031	1031	2 legal advice or to discuss:
1032	1032	3 a. Non-compliance of a Member State with its
1033	1033	4 obligations under the Compact;
1034	1034	5 b. The employment, compensation, discipline or
1035	1035	6 other matters, practices or procedures related to
1036	1036	7 specific employees;
1037	1037	8 c. Current or threatened discipline of a Licensee
1038	1038	9 by the Commission or by a Member State's Licensing
1039	1039	10 Authority;
1040	1040	11 d. Current, threatened, or reasonably anticipated
1041	1041	12 litigation;
1042	1042	13 e. Negotiation of contracts for the purchase,
1043	1043	14 lease, or sale of goods, services, or real estate;
1044	1044	15 f. Accusing any person of a crime or formally
1045	1045	16 censuring any person;
1046	1046	17 g. Trade secrets or commercial or financial
1047	1047	18 information that is privileged or confidential;
1048	1048	19 h. Information of a personal nature where
1049	1049	20 disclosure would constitute a clearly unwarranted
1050	1050	21 invasion of personal privacy;
1051	1051	22 i. Investigative records compiled for law
1052	1052	23 enforcement purposes;
1053	1053	24 j. Information related to any investigative
1054	1054	25 reports prepared by or on behalf of or for use of the
1055	1055	26 Commission or other committee charged with
1056	1056
1057	1057
1058	1058
1059	1059
1060	1060
1061	1061	HB5375 - 29 - LRB103 38821 AWJ 68958 b
1062	1062
1063	1063
1064	1064	HB5375- 30 -LRB103 38821 AWJ 68958 b HB5375 - 30 - LRB103 38821 AWJ 68958 b
1065	1065	HB5375 - 30 - LRB103 38821 AWJ 68958 b
1066	1066	1 responsibility of investigation or determination of
1067	1067	2 compliance issues pursuant to the Compact;
1068	1068	3 k. Matters specifically exempted from disclosure
1069	1069	4 by federal or Member State law; or
1070	1070	5 l. Other matters as promulgated by the Commission
1071	1071	6 by Rule.
1072	1072	7 3. If a meeting, or portion of a meeting, is closed,
1073	1073	8 the presiding officer shall state that the meeting will be
1074	1074	9 closed and reference each relevant exempting provision,
1075	1075	10 and such reference shall be recorded in the minutes.
1076	1076	11 4. The Commission shall keep minutes that fully and
1077	1077	12 clearly describe all matters discussed in a meeting and
1078	1078	13 shall provide a full and accurate summary of actions
1079	1079	14 taken, and the reasons therefore, including a description
1080	1080	15 of the views expressed. All documents considered in
1081	1081	16 connection with an action shall be identified in such
1082	1082	17 minutes. All minutes and documents of a closed meeting
1083	1083	18 shall remain under seal, subject to release only by a
1084	1084	19 majority vote of the Commission or order of a court of
1085	1085	20 competent jurisdiction.
1086	1086	21 G. Financing of the Commission
1087	1087	22 1. The Commission shall pay, or provide for the
1088	1088	23 payment of, the reasonable expenses of its establishment,
1089	1089	24 organization, and ongoing activities.
1090	1090	25 2. The Commission may accept any and all appropriate
1091	1091	26 revenue sources as provided in subsection C(13).
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097	HB5375 - 30 - LRB103 38821 AWJ 68958 b
1098	1098
1099	1099
1100	1100	HB5375- 31 -LRB103 38821 AWJ 68958 b HB5375 - 31 - LRB103 38821 AWJ 68958 b
1101	1101	HB5375 - 31 - LRB103 38821 AWJ 68958 b
1102	1102	1 3. The Commission may levy on and collect an annual
1103	1103	2 assessment from each Member State and impose fees on
1104	1104	3 Licensees of Member States to whom it grants a Multistate
1105	1105	4 License to cover the cost of the operations and activities
1106	1106	5 of the Commission and its staff, which must be in a total
1107	1107	6 amount sufficient to cover its annual budget as approved
1108	1108	7 each year for which revenue is not provided by other
1109	1109	8 sources. The aggregate annual assessment amount for Member
1110	1110	9 States shall be allocated based upon a formula that the
1111	1111	10 Commission shall promulgate by Rule.
1112	1112	11 4. The Commission shall not incur obligations of any
1113	1113	12 kind prior to securing the funds adequate to meet the
1114	1114	13 same; nor shall the Commission pledge the credit of any of
1115	1115	14 the Member States, except by and with the authority of the
1116	1116	15 Member State.
1117	1117	16 5. The Commission shall keep accurate accounts of all
1118	1118	17 receipts and disbursements. The receipts and disbursements
1119	1119	18 of the Commission shall be subject to the financial review
1120	1120	19 and accounting procedures established under its bylaws.
1121	1121	20 However, all receipts and disbursements of funds handled
1122	1122	21 by the Commission shall be subject to an annual financial
1123	1123	22 review by a certified or licensed public accountant, and
1124	1124	23 the report of the financial review shall be included in
1125	1125	24 and become part of the annual report of the Commission.
1126	1126	25 H. Qualified Immunity, Defense, and Indemnification
1127	1127	26 1. The members, officers, executive director,
1128	1128
1129	1129
1130	1130
1131	1131
1132	1132
1133	1133	HB5375 - 31 - LRB103 38821 AWJ 68958 b
1134	1134
1135	1135
1136	1136	HB5375- 32 -LRB103 38821 AWJ 68958 b HB5375 - 32 - LRB103 38821 AWJ 68958 b
1137	1137	HB5375 - 32 - LRB103 38821 AWJ 68958 b
1138	1138	1 employees and representatives of the Commission shall be
1139	1139	2 immune from suit and liability, both personally and in
1140	1140	3 their official capacity, for any claim for damage to or
1141	1141	4 loss of property or personal injury or other civil
1142	1142	5 liability caused by or arising out of any actual or
1143	1143	6 alleged act, error, or omission that occurred, or that the
1144	1144	7 person against whom the claim is made had a reasonable
1145	1145	8 basis for believing occurred within the scope of
1146	1146	9 Commission employment, duties or responsibilities;
1147	1147	10 provided that nothing in this paragraph shall be construed
1148	1148	11 to protect any such person from suit or liability for any
1149	1149	12 damage, loss, injury, or liability caused by the
1150	1150	13 intentional or willful or wanton misconduct of that
1151	1151	14 person. The procurement of insurance of any type by the
1152	1152	15 Commission shall not in any way compromise or limit the
1153	1153	16 immunity granted hereunder.
1154	1154	17 2. The Commission shall defend any member, officer,
1155	1155	18 executive director, employee, and representative of the
1156	1156	19 Commission in any civil action seeking to impose liability
1157	1157	20 arising out of any actual or alleged act, error, or
1158	1158	21 omission that occurred within the scope of Commission
1159	1159	22 employment, duties, or responsibilities, or as determined
1160	1160	23 by the Commission that the person against whom the claim
1161	1161	24 is made had a reasonable basis for believing occurred
1162	1162	25 within the scope of Commission employment, duties, or
1163	1163	26 responsibilities; provided that nothing herein shall be
1164	1164
1165	1165
1166	1166
1167	1167
1168	1168
1169	1169	HB5375 - 32 - LRB103 38821 AWJ 68958 b
1170	1170
1171	1171
1172	1172	HB5375- 33 -LRB103 38821 AWJ 68958 b HB5375 - 33 - LRB103 38821 AWJ 68958 b
1173	1173	HB5375 - 33 - LRB103 38821 AWJ 68958 b
1174	1174	1 construed to prohibit that person from retaining their own
1175	1175	2 counsel at their own expense; and provided further, that
1176	1176	3 the actual or alleged act, error, or omission did not
1177	1177	4 result from that person's intentional or willful or wanton
1178	1178	5 misconduct.
1179	1179	6 3. The Commission shall indemnify and hold harmless
1180	1180	7 any member, officer, executive director, employee, and
1181	1181	8 representative of the Commission for the amount of any
1182	1182	9 settlement or judgment obtained against that person
1183	1183	10 arising out of any actual or alleged act, error, or
1184	1184	11 omission that occurred within the scope of Commission
1185	1185	12 employment, duties, or responsibilities, or that such
1186	1186	13 person had a reasonable basis for believing occurred
1187	1187	14 within the scope of Commission employment, duties, or
1188	1188	15 responsibilities, provided that the actual or alleged act,
1189	1189	16 error, or omission did not result from the intentional or
1190	1190	17 willful or wanton misconduct of that person.
1191	1191	18 4. Nothing herein shall be construed as a limitation
1192	1192	19 on the liability of any Licensee for professional
1193	1193	20 malpractice or misconduct, which shall be governed solely
1194	1194	21 by any other applicable State laws.
1195	1195	22 5. Nothing in this Compact shall be interpreted to
1196	1196	23 waive or otherwise abrogate a Member State's state action
1197	1197	24 immunity or state action affirmative defense with respect
1198	1198	25 to antitrust claims under the Sherman Act, Clayton Act, or
1199	1199	26 any other State or federal antitrust or anticompetitive
1200	1200
1201	1201
1202	1202
1203	1203
1204	1204
1205	1205	HB5375 - 33 - LRB103 38821 AWJ 68958 b
1206	1206
1207	1207
1208	1208	HB5375- 34 -LRB103 38821 AWJ 68958 b HB5375 - 34 - LRB103 38821 AWJ 68958 b
1209	1209	HB5375 - 34 - LRB103 38821 AWJ 68958 b
1210	1210	1 law or regulation.
1211	1211	2 6. Nothing in this Compact shall be construed to be a
1212	1212	3 waiver of sovereign immunity by the Member States or by
1213	1213	4 the Commission.
1214	1214	5 SECTION 11. DATA SYSTEM
1215	1215	6 A. The Commission shall provide for the development,
1216	1216	7 maintenance, operation, and utilization of a coordinated Data
1217	1217	8 System.
1218	1218	9 B. The Commission shall assign each applicant for a
1219	1219	10 Multistate License a unique identifier, as determined by the
1220	1220	11 Rules of the Commission.
1221	1221	12 C. Notwithstanding any other provision of State law to the
1222	1222	13 contrary, a Member State shall submit a uniform data set to the
1223	1223	14 Data System on all individuals to whom this Compact is
1224	1224	15 applicable as required by the Rules of the Commission,
1225	1225	16 including:
1226	1226	17 1. Identifying information;
1227	1227	18 2. Licensure data;
1228	1228	19 3. Adverse Actions against a license and information
1229	1229	20 related thereto;
1230	1230	21 4. Non-confidential information related to Alternative
1231	1231	22 Program participation, the beginning and ending dates of
1232	1232	23 such participation, and other information related to such
1233	1233	24 participation not made confidential under Member State
1234	1234	25 law;
1235	1235
1236	1236
1237	1237
1238	1238
1239	1239
1240	1240	HB5375 - 34 - LRB103 38821 AWJ 68958 b
1241	1241
1242	1242
1243	1243	HB5375- 35 -LRB103 38821 AWJ 68958 b HB5375 - 35 - LRB103 38821 AWJ 68958 b
1244	1244	HB5375 - 35 - LRB103 38821 AWJ 68958 b
1245	1245	1 5. Any denial of application for licensure, and the
1246	1246	2 reason(s) for such denial;
1247	1247	3 6. The presence of Current Significant Investigative
1248	1248	4 Information; and
1249	1249	5 7. Other information that may facilitate the
1250	1250	6 administration of this Compact or the protection of the
1251	1251	7 public, as determined by the Rules of the Commission.
1252	1252	8 D. The records and information provided to a Member State
1253	1253	9 pursuant to this Compact or through the Data System, when
1254	1254	10 certified by the Commission or an agent thereof, shall
1255	1255	11 constitute the authenticated business records of the
1256	1256	12 Commission, and shall be entitled to any associated hearsay
1257	1257	13 exception in any relevant judicial, quasi-judicial or
1258	1258	14 administrative proceedings in a Member State.
1259	1259	15 E. Current Significant Investigative Information
1260	1260	16 pertaining to a Licensee in any Member State will only be
1261	1261	17 available to other Member States.
1262	1262	18 1. It is the responsibility of the Member States to
1263	1263	19 report any Adverse Action against a Licensee and to
1264	1264	20 monitor the database to determine whether Adverse Action
1265	1265	21 has been taken against a Licensee. Adverse Action
1266	1266	22 information pertaining to a Licensee in any Member State
1267	1267	23 will be available to any other Member State.
1268	1268	24 F. Member States contributing information to the Data
1269	1269	25 System may designate information that may not be shared with
1270	1270	26 the public without the express permission of the contributing
1271	1271
1272	1272
1273	1273
1274	1274
1275	1275
1276	1276	HB5375 - 35 - LRB103 38821 AWJ 68958 b
1277	1277
1278	1278
1279	1279	HB5375- 36 -LRB103 38821 AWJ 68958 b HB5375 - 36 - LRB103 38821 AWJ 68958 b
1280	1280	HB5375 - 36 - LRB103 38821 AWJ 68958 b
1281	1281	1 State.
1282	1282	2 G. Any information submitted to the Data System that is
1283	1283	3 subsequently expunged pursuant to federal law or the laws of
1284	1284	4 the Member State contributing the information shall be removed
1285	1285	5 from the Data System.
1286	1286	6 SECTION 12. RULEMAKING
1287	1287	7 A. The Commission shall promulgate reasonable Rules in
1288	1288	8 order to effectively and efficiently implement and administer
1289	1289	9 the purposes and provisions of the Compact. A Rule shall be
1290	1290	10 invalid and have no force or effect only if a court of
1291	1291	11 competent jurisdiction holds that the Rule is invalid because
1292	1292	12 the Commission exercised its rulemaking authority in a manner
1293	1293	13 that is beyond the scope and purposes of the Compact, or the
1294	1294	14 powers granted hereunder, or based upon another applicable
1295	1295	15 standard of review.
1296	1296	16 B. The Rules of the Commission shall have the force of law
1297	1297	17 in each Member State, provided however that where the Rules of
1298	1298	18 the Commission conflict with the laws of the Member State that
1299	1299	19 establish the Member State's laws, regulations, and applicable
1300	1300	20 standards that govern the practice of Social Work as held by a
1301	1301	21 court of competent jurisdiction, the Rules of the Commission
1302	1302	22 shall be ineffective in that State to the extent of the
1303	1303	23 conflict.
1304	1304	24 C. The Commission shall exercise its Rulemaking powers
1305	1305	25 pursuant to the criteria set forth in this Section and the
1306	1306
1307	1307
1308	1308
1309	1309
1310	1310
1311	1311	HB5375 - 36 - LRB103 38821 AWJ 68958 b
1312	1312
1313	1313
1314	1314	HB5375- 37 -LRB103 38821 AWJ 68958 b HB5375 - 37 - LRB103 38821 AWJ 68958 b
1315	1315	HB5375 - 37 - LRB103 38821 AWJ 68958 b
1316	1316	1 Rules adopted thereunder. Rules shall become binding on the
1317	1317	2 day following adoption or the date specified in the rule or
1318	1318	3 amendment, whichever is later.
1319	1319	4 D. If a majority of the legislatures of the Member States
1320	1320	5 rejects a Rule or portion of a Rule, by enactment of a statute
1321	1321	6 or resolution in the same manner used to adopt the Compact
1322	1322	7 within four (4) years of the date of adoption of the Rule, then
1323	1323	8 such Rule shall have no further force and effect in any Member
1324	1324	9 State.
1325	1325	10 E. Rules shall be adopted at a regular or special meeting
1326	1326	11 of the Commission.
1327	1327	12 F. Prior to adoption of a proposed Rule, the Commission
1328	1328	13 shall hold a public hearing and allow persons to provide oral
1329	1329	14 and written comments, data, facts, opinions, and arguments.
1330	1330	15 G. Prior to adoption of a proposed Rule by the Commission,
1331	1331	16 and at least thirty (30) days in advance of the meeting at
1332	1332	17 which the Commission will hold a public hearing on the
1333	1333	18 proposed Rule, the Commission shall provide a Notice of
1334	1334	19 Proposed Rulemaking:
1335	1335	20 1. On the website of the Commission or other
1336	1336	21 publicly accessible platform;
1337	1337	22 2. To persons who have requested notice of the
1338	1338	23 Commission's notices of proposed rulemaking, and
1339	1339	24 3. In such other way(s) as the Commission may by
1340	1340	25 Rule specify.
1341	1341	26 H. The Notice of Proposed Rulemaking shall include:
1342	1342
1343	1343
1344	1344
1345	1345
1346	1346
1347	1347	HB5375 - 37 - LRB103 38821 AWJ 68958 b
1348	1348
1349	1349
1350	1350	HB5375- 38 -LRB103 38821 AWJ 68958 b HB5375 - 38 - LRB103 38821 AWJ 68958 b
1351	1351	HB5375 - 38 - LRB103 38821 AWJ 68958 b
1352	1352	1 1. The time, date, and location of the public hearing
1353	1353	2 at which the Commission will hear public comments on the
1354	1354	3 proposed Rule and, if different, the time, date, and
1355	1355	4 location of the meeting where the Commission will consider
1356	1356	5 and vote on the proposed Rule;
1357	1357	6 2. If the hearing is held via telecommunication, video
1358	1358	7 conference, or other electronic means, the Commission
1359	1359	8 shall include the mechanism for access to the hearing in
1360	1360	9 the Notice of Proposed Rulemaking;
1361	1361	10 3. The text of the proposed Rule and the reason
1362	1362	11 therefor;
1363	1363	12 4. A request for comments on the proposed Rule from
1364	1364	13 any interested person; and
1365	1365	14 5. The manner in which interested persons may submit
1366	1366	15 written comments.
1367	1367	16 I. All hearings will be recorded. A copy of the recording
1368	1368	17 and all written comments and documents received by the
1369	1369	18 Commission in response to the proposed Rule shall be available
1370	1370	19 to the public.
1371	1371	20 J. Nothing in this section shall be construed as requiring
1372	1372	21 a separate hearing on each Rule. Rules may be grouped for the
1373	1373	22 convenience of the Commission at hearings required by this
1374	1374	23 section.
1375	1375	24 K. The Commission shall, by majority vote of all members,
1376	1376	25 take final action on the proposed Rule based on the Rulemaking
1377	1377	26 record and the full text of the Rule.
1378	1378
1379	1379
1380	1380
1381	1381
1382	1382
1383	1383	HB5375 - 38 - LRB103 38821 AWJ 68958 b
1384	1384
1385	1385
1386	1386	HB5375- 39 -LRB103 38821 AWJ 68958 b HB5375 - 39 - LRB103 38821 AWJ 68958 b
1387	1387	HB5375 - 39 - LRB103 38821 AWJ 68958 b
1388	1388	1 1. The Commission may adopt changes to the proposed
1389	1389	2 Rule provided the changes do not enlarge the original
1390	1390	3 purpose of the proposed Rule.
1391	1391	4 2. The Commission shall provide an explanation of the
1392	1392	5 reasons for substantive changes made to the proposed Rule
1393	1393	6 as well as reasons for substantive changes not made that
1394	1394	7 were recommended by commenters.
1395	1395	8 3. The Commission shall determine a reasonable
1396	1396	9 effective date for the Rule. Except for an emergency as
1397	1397	10 provided in Section 12.L, the effective date of the rule
1398	1398	11 shall be no sooner than 30 days after issuing the notice
1399	1399	12 that it adopted or amended the Rule.
1400	1400	13 L. Upon determination that an emergency exists, the
1401	1401	14 Commission may consider and adopt an emergency Rule with 48
1402	1402	15 hours' notice, with opportunity to comment, provided that the
1403	1403	16 usual Rulemaking procedures provided in the Compact and in
1404	1404	17 this section shall be retroactively applied to the Rule as
1405	1405	18 soon as reasonably possible, in no event later than ninety
1406	1406	19 (90) days after the effective date of the Rule. For the
1407	1407	20 purposes of this provision, an emergency Rule is one that must
1408	1408	21 be adopted immediately in order to:
1409	1409	22 1. Meet an imminent threat to public health, safety,
1410	1410	23 or welfare;
1411	1411	24 2. Prevent a loss of Commission or Member State funds;
1412	1412	25 3. Meet a deadline for the promulgation of a Rule that
1413	1413	26 is established by federal law or rule; or
1414	1414
1415	1415
1416	1416
1417	1417
1418	1418
1419	1419	HB5375 - 39 - LRB103 38821 AWJ 68958 b
1420	1420
1421	1421
1422	1422	HB5375- 40 -LRB103 38821 AWJ 68958 b HB5375 - 40 - LRB103 38821 AWJ 68958 b
1423	1423	HB5375 - 40 - LRB103 38821 AWJ 68958 b
1424	1424	1 4. Protect public health and safety.
1425	1425	2 M. The Commission or an authorized committee of the
1426	1426	3 Commission may direct revisions to a previously adopted Rule
1427	1427	4 for purposes of correcting typographical errors, errors in
1428	1428	5 format, errors in consistency, or grammatical errors. Public
1429	1429	6 notice of any revisions shall be posted on the website of the
1430	1430	7 Commission. The revision shall be subject to challenge by any
1431	1431	8 person for a period of thirty (30) days after posting. The
1432	1432	9 revision may be challenged only on grounds that the revision
1433	1433	10 results in a material change to a Rule. A challenge shall be
1434	1434	11 made in writing and delivered to the Commission prior to the
1435	1435	12 end of the notice period. If no challenge is made, the revision
1436	1436	13 will take effect without further action. If the revision is
1437	1437	14 challenged, the revision may not take effect without the
1438	1438	15 approval of the Commission.
1439	1439	16 N. No Member State's rulemaking requirements shall apply
1440	1440	17 under this compact.
1441	1441	18 SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1442	1442	19 A. Oversight
1443	1443	20 1. The executive and judicial branches of State
1444	1444	21 government in each Member State shall enforce this Compact
1445	1445	22 and take all actions necessary and appropriate to
1446	1446	23 implement the Compact.
1447	1447	24 2. Except as otherwise provided in this Compact, venue
1448	1448	25 is proper and judicial proceedings by or against the
1449	1449
1450	1450
1451	1451
1452	1452
1453	1453
1454	1454	HB5375 - 40 - LRB103 38821 AWJ 68958 b
1455	1455
1456	1456
1457	1457	HB5375- 41 -LRB103 38821 AWJ 68958 b HB5375 - 41 - LRB103 38821 AWJ 68958 b
1458	1458	HB5375 - 41 - LRB103 38821 AWJ 68958 b
1459	1459	1 Commission shall be brought solely and exclusively in a
1460	1460	2 court of competent jurisdiction where the principal office
1461	1461	3 of the Commission is located. The Commission may waive
1462	1462	4 venue and jurisdictional defenses to the extent it adopts
1463	1463	5 or consents to participate in alternative dispute
1464	1464	6 resolution proceedings. Nothing herein shall affect or
1465	1465	7 limit the selection or propriety of venue in any action
1466	1466	8 against a Licensee for professional malpractice,
1467	1467	9 misconduct or any such similar matter.
1468	1468	10 3. The Commission shall be entitled to receive service
1469	1469	11 of process in any proceeding regarding the enforcement or
1470	1470	12 interpretation of the Compact and shall have standing to
1471	1471	13 intervene in such a proceeding for all purposes. Failure
1472	1472	14 to provide the Commission service of process shall render
1473	1473	15 a judgment or order void as to the Commission, this
1474	1474	16 Compact, or promulgated Rules.
1475	1475	17 B. Default, Technical Assistance, and Termination
1476	1476	18 1. If the Commission determines that a Member State
1477	1477	19 has defaulted in the performance of its obligations or
1478	1478	20 responsibilities under this Compact or the promulgated
1479	1479	21 Rules, the Commission shall provide written notice to the
1480	1480	22 defaulting State. The notice of default shall describe the
1481	1481	23 default, the proposed means of curing the default, and any
1482	1482	24 other action that the Commission may take, and shall offer
1483	1483	25 training and specific technical assistance regarding the
1484	1484	26 default.
1485	1485
1486	1486
1487	1487
1488	1488
1489	1489
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1491	1491
1492	1492
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1495	1495	1 2. The Commission shall provide a copy of the notice
1496	1496	2 of default to the other Member States.
1497	1497	3 C. If a State in default fails to cure the default, the
1498	1498	4 defaulting State may be terminated from the Compact upon an
1499	1499	5 affirmative vote of a majority of the delegates of the Member
1500	1500	6 States, and all rights, privileges and benefits conferred on
1501	1501	7 that State by this Compact may be terminated on the effective
1502	1502	8 date of termination. A cure of the default does not relieve the
1503	1503	9 offending State of obligations or liabilities incurred during
1504	1504	10 the period of default.
1505	1505	11 D. Termination of membership in the Compact shall be
1506	1506	12 imposed only after all other means of securing compliance have
1507	1507	13 been exhausted. Notice of intent to suspend or terminate shall
1508	1508	14 be given by the Commission to the governor, the majority and
1509	1509	15 minority leaders of the defaulting State's legislature, the
1510	1510	16 defaulting State's State Licensing Authority and each of the
1511	1511	17 Member States' State Licensing Authority.
1512	1512	18 E. A State that has been terminated is responsible for all
1513	1513	19 assessments, obligations, and liabilities incurred through the
1514	1514	20 effective date of termination, including obligations that
1515	1515	21 extend beyond the effective date of termination.
1516	1516	22 F. Upon the termination of a State's membership from this
1517	1517	23 Compact, that State shall immediately provide notice to all
1518	1518	24 Licensees within that State of such termination. The
1519	1519	25 terminated State shall continue to recognize all licenses
1520	1520	26 granted pursuant to this Compact for a minimum of six (6)
1521	1521
1522	1522
1523	1523
1524	1524
1525	1525
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1527	1527
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1531	1531	1 months after the date of said notice of termination.
1532	1532	2 G. The Commission shall not bear any costs related to a
1533	1533	3 State that is found to be in default or that has been
1534	1534	4 terminated from the Compact, unless agreed upon in writing
1535	1535	5 between the Commission and the defaulting State.
1536	1536	6 H. The defaulting State may appeal the action of the
1537	1537	7 Commission by petitioning the
1538	1538	8 U.S. District Court for the District of Columbia or the
1539	1539	9 federal district where the Commission has its principal
1540	1540	10 offices. The prevailing party shall be awarded all costs of
1541	1541	11 such litigation, including reasonable attorney's fees.
1542	1542	12 I. Dispute Resolution
1543	1543	13 1. Upon request by a Member State, the Commission
1544	1544	14 shall attempt to resolve disputes related to the Compact
1545	1545	15 that arise among Member States and between Member and
1546	1546	16 non-Member States.
1547	1547	17 2. The Commission shall promulgate a Rule providing
1548	1548	18 for both mediation and binding dispute resolution for
1549	1549	19 disputes as appropriate.
1550	1550	20 J. Enforcement
1551	1551	21 1. By majority vote as provided by Rule, the
1552	1552	22 Commission may initiate legal action against a Member
1553	1553	23 State in default in the United States District Court for
1554	1554	24 the District of Columbia or the federal district where the
1555	1555	25 Commission has its principal offices to enforce compliance
1556	1556	26 with the provisions of the Compact and its promulgated
1557	1557
1558	1558
1559	1559
1560	1560
1561	1561
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1563	1563
1564	1564
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1567	1567	1 Rules. The relief sought may include both injunctive
1568	1568	2 relief and damages. In the event judicial enforcement is
1569	1569	3 necessary, the prevailing party shall be awarded all costs
1570	1570	4 of such litigation, including reasonable attorney's fees.
1571	1571	5 The remedies herein shall not be the exclusive remedies of
1572	1572	6 the Commission. The Commission may pursue any other
1573	1573	7 remedies available under federal or the defaulting Member
1574	1574	8 State's law.
1575	1575	9 2. A Member State may initiate legal action against
1576	1576	10 the Commission in the U.S. District Court for the District
1577	1577	11 of Columbia or the federal district where the Commission
1578	1578	12 has its principal offices to enforce compliance with the
1579	1579	13 provisions of the Compact and its promulgated Rules. The
1580	1580	14 relief sought may include both injunctive relief and
1581	1581	15 damages. In the event judicial enforcement is necessary,
1582	1582	16 the prevailing party shall be awarded all costs of such
1583	1583	17 litigation, including reasonable attorney's fees.
1584	1584	18 3. No person other than a Member State shall enforce
1585	1585	19 this compact against the Commission.
1586	1586	20 SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1587	1587	21 A. The Compact shall come into effect on the date on which
1588	1588	22 the Compact statute is enacted into law in the seventh Member
1589	1589	23 State.
1590	1590	24 1. On or after the effective date of the Compact, the
1591	1591	25 Commission shall convene and review the enactment of each
1592	1592
1593	1593
1594	1594
1595	1595
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1598	1598
1599	1599
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1602	1602	1 of the first seven Member States ("Charter Member States")
1603	1603	2 to determine if the statute enacted by each such Charter
1604	1604	3 Member State is materially different than the model
1605	1605	4 Compact statute.
1606	1606	5 a. A Charter Member State whose enactment is found
1607	1607	6 to be materially different from the model Compact
1608	1608	7 statute shall be entitled to the default process set
1609	1609	8 forth in Section 13.
1610	1610	9 b. If any Member State is later found to be in
1611	1611	10 default, or is terminated or withdraws from the
1612	1612	11 Compact, the Commission shall remain in existence and
1613	1613	12 the Compact shall remain in effect even if the number
1614	1614	13 of Member States should be less than seven.
1615	1615	14 2. Member States enacting the Compact subsequent to
1616	1616	15 the seven initial Charter Member States shall be subject
1617	1617	16 to the process set forth in Section 10(C)(21) to determine
1618	1618	17 if their enactments are materially different from the
1619	1619	18 model Compact statute and whether they qualify for
1620	1620	19 participation in the Compact.
1621	1621	20 3. All actions taken for the benefit of the Commission
1622	1622	21 or in furtherance of the purposes of the administration of
1623	1623	22 the Compact prior to the effective date of the Compact or
1624	1624	23 the Commission coming into existence shall be considered
1625	1625	24 to be actions of the Commission unless specifically
1626	1626	25 repudiated by the Commission.
1627	1627	26 4. Any State that joins the Compact subsequent to the
1628	1628
1629	1629
1630	1630
1631	1631
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1634	1634
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1638	1638	1 Commission's initial adoption of the Rules and bylaws
1639	1639	2 shall be subject to the Rules and bylaws as they exist on
1640	1640	3 the date on which the Compact becomes law in that State.
1641	1641	4 Any Rule that has been previously adopted by the
1642	1642	5 Commission shall have the full force and effect of law on
1643	1643	6 the day the Compact becomes law in that State.
1644	1644	7 B. Any Member State may withdraw from this Compact by
1645	1645	8 enacting a statute repealing the same.
1646	1646	9 1. A Member State's withdrawal shall not take effect
1647	1647	10 until 180 days after enactment of the repealing statute.
1648	1648	11 2. Withdrawal shall not affect the continuing
1649	1649	12 requirement of the withdrawing State's Licensing Authority
1650	1650	13 to comply with the investigative and Adverse Action
1651	1651	14 reporting requirements of this Compact prior to the
1652	1652	15 effective date of withdrawal.
1653	1653	16 3. Upon the enactment of a statute withdrawing from
1654	1654	17 this compact, a State shall immediately provide notice of
1655	1655	18 such withdrawal to all Licensees within that State.
1656	1656	19 Notwithstanding any subsequent statutory enactment to the
1657	1657	20 contrary, such withdrawing State shall continue to
1658	1658	21 recognize all licenses granted pursuant to this compact
1659	1659	22 for a minimum of 180 days after the date of such notice of
1660	1660	23 withdrawal.
1661	1661	24 C. Nothing contained in this Compact shall be construed to
1662	1662	25 invalidate or prevent any licensure agreement or other
1663	1663	26 cooperative arrangement between a Member State and a
1664	1664
1665	1665
1666	1666
1667	1667
1668	1668
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1670	1670
1671	1671
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1674	1674	1 non-Member State that does not conflict with the provisions of
1675	1675	2 this Compact.
1676	1676	3 D. This Compact may be amended by the Member States. No
1677	1677	4 amendment to this Compact shall become effective and binding
1678	1678	5 upon any Member State until it is enacted into the laws of all
1679	1679	6 Member States.
1680	1680	7 SECTION 15. CONSTRUCTION AND SEVERABILITY
1681	1681	8 A. This Compact and the Commission's rulemaking authority
1682	1682	9 shall be liberally construed so as to effectuate the purposes,
1683	1683	10 and the implementation and administration of the Compact.
1684	1684	11 Provisions of the Compact expressly authorizing or requiring
1685	1685	12 the promulgation of Rules shall not be construed to limit the
1686	1686	13 Commission's rulemaking authority solely for those purposes.
1687	1687	14 B. The provisions of this Compact shall be severable and
1688	1688	15 if any phrase, clause, sentence or provision of this Compact
1689	1689	16 is held by a court of competent jurisdiction to be contrary to
1690	1690	17 the constitution of any Member State, a State seeking
1691	1691	18 participation in the Compact, or of the United States, or the
1692	1692	19 applicability thereof to any government, agency, person or
1693	1693	20 circumstance is held to be unconstitutional by a court of
1694	1694	21 competent jurisdiction, the validity of the remainder of this
1695	1695	22 Compact and the applicability thereof to any other government,
1696	1696	23 agency, person or circumstance shall not be affected thereby.
1697	1697	24 C. Notwithstanding subsection B of this section, the
1698	1698	25 Commission may deny a State's participation in the Compact or,
1699	1699
1700	1700
1701	1701
1702	1702
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1705	1705
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1709	1709	1 in accordance with the requirements of Section 13.B, terminate
1710	1710	2 a Member State's participation in the Compact, if it
1711	1711	3 determines that a constitutional requirement of a Member State
1712	1712	4 is a material departure from the Compact. Otherwise, if this
1713	1713	5 Compact shall be held to be contrary to the constitution of any
1714	1714	6 Member State, the Compact shall remain in full force and
1715	1715	7 effect as to the remaining Member States and in full force and
1716	1716	8 effect as to the Member State affected as to all severable
1717	1717	9 matters.
1718	1718
1719	1719
1720	1720
1721	1721
1722	1722
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