Indiana 2024 Regular Session

Indiana Senate Bill SB0110 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0110.1~~
2		-	~~January 12, 2024~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 110
4	4		_____
5		-	DIGEST OF ~~SB 110 (Updated January 10, 2024 9:44 am - DI 140)~~
6		-	Citations Affected: IC 25-44; IC 34-30.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 25-44; IC 34-30-2.1-390.2.
7	7		Synopsis: Social work licensure compact. Establishes the social work
8	8		licensure compact.
9	9		Effective: July 1, 2024.
10		-	Crider, Goode, Yoder, Brown L,
11		-	Becker, Bohacek, Busch, Donato,
12		-	Johnson T, Leising, Ford J.D.
	10	+	Crider
13	11		January 8, 2024, read first time and referred to Committee on Health and Provider
14	12		Services.
15		-	January 11, 2024, reported favorably — Do Pass; reassigned to Committee on
16		-	Appropriations.
17		-	SB 110—LS 6404/DI 148 January 12, 2024
	13	+	2024 IN 110—LS 6404/DI 148 Introduced
18	14		Second Regular Session of the 123rd General Assembly (2024)
19	15		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	16		Constitution) is being amended, the text of the existing provision will appear in this style type,
21	17		additions will appear in this style type, and deletions will appear in this style type.
22	18		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	19		provision adopted), the text of the new provision will appear in this style type. Also, the
24	20		word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	21		a new provision to the Indiana Code or the Indiana Constitution.
26	22		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	23		between statutes enacted by the 2023 Regular Session of the General Assembly.
28	24		SENATE BILL No. 110
29	25		A BILL FOR AN ACT to amend the Indiana Code concerning
30	26		professions and occupations.
31	27		Be it enacted by the General Assembly of the State of Indiana:
32	28		1 SECTION 1. IC 25-44 IS ADDED TO THE INDIANA CODE AS
33	29		2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
34	30		3 2024]:
35	31		4 ARTICLE 44. SOCIAL WORK LICENSURE COMPACT
36	32		5 Chapter 1. Purpose
37	33		6 Sec. 1. The purpose of this compact is to facilitate interstate
38	34		7 practice of regulated social workers by improving public access to
39	35		8 competent social work services. The compact preserves the
40	36		9 regulatory authority of states to protect public health and safety
41	37		10 through the current system of state licensure. This compact is
42	38		11 designed to achieve the following objectives:
43	39		12 (1) Increase public access to social work services.
44	40		13 (2) Reduce overly burdensome and duplicative requirements
45	41		14 associated with holding multiple licenses.
46	42		15 (3) Enhance the member states' ability to protect the public's
47	43		16 health and safety.
48	44		17 (4) Encourage the cooperation of member states in regulating
49		-	SB 110—LS 6404/DI 148 2
	45	+	2024 IN 110—LS 6404/DI 148 2
50	46		1 multistate practice.
51	47		2 (5) Promote mobility and address workforce shortages by
52	48		3 eliminating the necessity for licenses in multiple states by
53	49		4 providing for the mutual recognition of other member state
54	50		5 licenses.
55	51		6 (6) Support military families.
56	52		7 (7) Facilitate the exchange of licensure and disciplinary
57	53		8 information among member states.
58	54		9 (8) Authorize all member states to hold a regulated social
59	55		10 worker accountable for abiding by a member state's laws,
60	56		11 regulations, and applicable professional standards in the
61	57		12 member state in which the client is located at the time care is
62	58		13 rendered.
63	59		14 (9) Allow for the use of telehealth to facilitate increased access
64	60		15 to regulated social work services.
65	61		16 Chapter 2. Definitions
66	62		17 Sec. 1. As used in this compact, and except as otherwise
67	63		18 provided, the following definitions apply:
68	64		19 (1) "Active military member" means any individual with
69	65		20 full-time duty status in the active armed forces of the United
70	66		21 States including members of the national guard and reserve.
71	67		22 (2) "Adverse action" means any administrative, civil,
72	68		23 equitable, or criminal action permitted by a state's laws which
73	69		24 is imposed by a licensing authority or other authority against
74	70		25 a regulated social worker, including:
75	71		26 (A) actions against an individual's license or multistate
76	72		27 authorization to practice such as revocation, suspension,
77	73		28 probation, or monitoring of the licensee;
78	74		29 (B) limitation on the licensee's practice; or
79	75		30 (C) any other encumbrance on licensure affecting a
80	76		31 regulated social worker's authorization to practice,
81	77		32 including issuance of a cease and desist action.
82	78		33 (3) "Alternative program" means a nondisciplinary
83	79		34 monitoring or practice remediation process approved by a
84	80		35 licensing authority to address practitioners with an
85	81		36 impairment.
86	82		37 (4) "Charter member states" means member states that have
87	83		38 enacted legislation to adopt this compact where the legislation
88	84		39 predates the effective date of this compact as described in
89	85		40 IC 25-44-14.
90	86		41 (5) "Compact commission" or "commission" means the
91	87		42 government agency whose membership consists of all states
92		-	SB 110—LS 6404/DI 148 3
	88	+	2024 IN 110—LS 6404/DI 148 3
93	89		1 that have enacted this compact, which is known as the social
94	90		2 work licensure compact commission, as described in
95	91		3 IC 25-44-10, and which operates as an instrumentality of the
96	92		4 member states.
97	93		5 (6) "Current significant investigative information" means:
98	94		6 (A) investigative information that a licensing authority,
99	95		7 after a preliminary inquiry that includes notification and
100	96		8 an opportunity for the regulated social worker to respond
101	97		9 has reason to believe is not groundless and, if proved true,
102	98		10 would indicate more than a minor infraction as may be
103	99		11 defined by the commission; or
104	100		12 (B) investigative information that indicates that the
105	101		13 regulated social worker represents an immediate threat to
106	102		14 public health and safety, as may be defined by the
107	103		15 commission, regardless of whether the regulated social
108	104		16 worker has been notified and has had an opportunity to
109	105		17 respond.
110	106		18 (7) "Data system" means a repository of information about
111	107		19 licensees, including continuing education, examination,
112	108		20 licensure, current significant investigative information,
113	109		21 disqualifying event, multistate license(s), and adverse action
114	110		22 information or other information as required by the
115	111		23 commission.
116	112		24 (8) "Disqualifying event" means any adverse action or
117	113		25 incident which results in an encumbrance that disqualifies or
118	114		26 makes the licensee ineligible to either obtain, retain, or renew
119	115		27 a multistate license.
120	116		28 (9) "Domicile" means the jurisdiction in which the licensee
121	117		29 resides and intends to remain indefinitely.
122	118		30 (10) "Encumbrance" means a revocation or suspension of, or
123	119		31 any limitation on, the full and unrestricted practice of social
124	120		32 work licensed and regulated by a licensing authority.
125	121		33 (11) "Executive committee" means a group of delegates
126	122		34 elected or appointed to act on behalf of, and within the powers
127	123		35 granted to them by, the compact and commission.
128	124		36 (12) "Home state" means the member state that is the
129	125		37 licensee's primary domicile.
130	126		38 (13) "Impairment" means a condition(s) that may impair a
131	127		39 practitioner's ability to engage in full and unrestricted
132	128		40 practice as a regulated social worker without some type of
133	129		41 intervention and may include alcohol and drug dependence,
134	130		42 mental health impairment, and neurological or physical
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	131	+	2024 IN 110—LS 6404/DI 148 4
136	132		1 impairments.
137	133		2 (14) "Licensee(s)" means an individual who currently holds
138	134		3 a license from a state to practice as a regulated social worker.
139	135		4 (15) "Licensing authority" means the board or agency of a
140	136		5 member state, or equivalent, that is responsible for the
141	137		6 licensing and regulation of regulated social workers.
142	138		7 (16) "Member state" means a state, commonwealth, district,
143	139		8 or territory of the United States of America that has enacted
144	140		9 this compact.
145	141		10 (17) "Multistate authorization to practice" means a legally
146	142		11 authorized privilege to practice, which is equivalent to a
147	143		12 license, associated with a multistate license permitting the
148	144		13 practice of social work in a remote state.
149	145		14 (18) "Multistate license" means a license to practice as a
150	146		15 regulated social worker issued by a home state licensing
151	147		16 authority that authorizes the regulated social worker to
152	148		17 practice in all member states under multistate authorization
153	149		18 to practice.
154	150		19 (19) "Qualifying national exam" means a national licensing
155	151		20 examination approved by the commission.
156	152		21 (20) "Regulated social worker" means any clinical, master's,
157	153		22 or bachelor's social worker licensed by a member state
158	154		23 regardless of the title used by that member state.
159	155		24 (21) "Remote state" means a member state other than the
160	156		25 licensee's home state.
161	157		26 (22) "Rule(s)" or "rule(s) of the commission" means a
162	158		27 regulation or regulations duly promulgated by the
163	159		28 commission, as authorized by the compact, that has the force
164	160		29 of law.
165	161		30 (23) "Single state license" means a social work license issued
166	162		31 by any state that authorizes practice only within the issuing
167	163		32 state and does not include multistate authorization to practice
168	164		33 in any member state.
169	165		34 (24) "Social work" or "social work services" means the
170	166		35 application of social work theory, knowledge, methods, ethics,
171	167		36 and the professional use of self to restore or enhance social,
172	168		37 psychosocial, or biopsychosocial functioning of individuals,
173	169		38 couples, families, groups, organizations, and communities
174	170		39 through the care and services provided by a regulated social
175	171		40 worker as set forth in the member state's statutes and
176	172		41 regulations in the state where the services are being provided.
177	173		42 (25) "State" means any state, commonwealth, district, or
178		-	SB 110—LS 6404/DI 148 5
	174	+	2024 IN 110—LS 6404/DI 148 5
179	175		1 territory of the United States of America that regulates the
180	176		2 practice of social work.
181	177		3 (26) "Unencumbered license" means a license that authorizes
182	178		4 a regulated social worker to engage in the full and
183	179		5 unrestricted practice of social work.
184	180		6 Chapter 3. State Participation in the Compact
185	181		7 Sec. 1. To be eligible to participate in the compact, a potential
186	182		8 member state must currently meet all of the following criteria:
187	183		9 (1) License and regulate the practice of social work at either
188	184		10 the clinical, master's, or bachelor's category.
189	185		11 (2) Require applicants for licensure to graduate from a
190	186		12 program that:
191	187		13 (A) is operated by a college or university recognized by the
192	188		14 licensing authority;
193	189		15 (B) is accredited, or in candidacy by an institution that
194	190		16 subsequently becomes accredited, by an accrediting agency
195	191		17 recognized by either:
196	192		18 (i) the Council for Higher Education Accreditation, or its
197	193		19 successor; or
198	194		20 (ii) the United States Department of Education; and
199	195		21 (C) corresponds to the licensure sought as outlined in
200	196		22 IC 25-44-4.
201	197		23 (3) Require applicants for clinical licensure to complete a
202	198		24 period of supervised practice.
203	199		25 (4) Have a mechanism in place for receiving, investigating,
204	200		26 and adjudicating complaints about licensees.
205	201		27 Sec. 2. To maintain membership in the compact, a member state
206	202		28 shall do the following:
207	203		29 (1) Require that applicants for a multistate license pass a
208	204		30 qualifying national exam for the corresponding category of
209	205		31 multistate license sought as outlined in IC 25-44-4.
210	206		32 (2) Participate fully in the commission's data system,
211	207		33 including using the commission's unique identifier as defined
212	208		34 in the rules.
213	209		35 (3) Notify the commission, in compliance with the terms of the
214	210		36 compact and rules, of any adverse action or the availability of
215	211		37 current significant investigative information regarding a
216	212		38 licensee.
217	213		39 (4) Implement procedures for considering the criminal history
218	214		40 records of applicants for a multistate license. The procedures
219	215		41 shall include the submission of fingerprints or other biometric
220	216		42 based information by applicants for the purpose of obtaining
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	217	+	2024 IN 110—LS 6404/DI 148 6
222	218		1 an applicant's criminal history record information from the
223	219		2 Federal Bureau of Investigation and the agency responsible
224	220		3 for retaining that state's criminal records.
225	221		4 (5) Comply with the rules of the commission.
226	222		5 (6) Require an applicant to obtain or retain a license in the
227	223		6 home state and meet the home state's qualifications for
228	224		7 licensure or renewal of licensure, as well as all other
229	225		8 applicable home state laws.
230	226		9 (7) Authorize a licensee holding a multistate license in any
231	227		10 member state to practice in accordance with the terms of the
232	228		11 compact and rules of the commission.
233	229		12 (8) Designate a delegate to participate in the commission
234	230		13 meetings.
235	231		14 Sec. 3. A member state meeting the requirements of sections 1
236	232		15 and 2 of this chapter shall designate the categories of social work
237	233		16 licensure that are eligible for issuance of a multistate license for
238	234		17 applicants in the member state. To the extent that any member
239	235		18 state does not meet the requirements for participation in the
240	236		19 compact at any particular category of social work licensure, the
241	237		20 member state may choose, but is not obligated, to issue a multistate
242	238		21 license to applicants that otherwise meet the requirements of
243	239		22 IC 25-44-4 for issuance of a multistate license in the category or
244	240		23 categories of licensure.
245	241		24 Sec. 4. The home state may charge a fee for granting the
246	242		25 multistate license.
247	243		26 Chapter 4. Social Worker Participation in the Compact
248	244		27 Sec. 1. To be eligible for a multistate license under the terms and
249	245		28 provisions of the compact, an applicant, regardless of category,
250	246		29 must:
251	247		30 (1) hold or be eligible for an active, unencumbered license in
252	248		31 the home state;
253	249		32 (2) pay any applicable fees, including any state fee, for the
254	250		33 multistate license;
255	251		34 (3) submit, in connection with an application for a multistate
256	252		35 license, fingerprints or other biometric data for the purpose
257	253		36 of obtaining criminal history record information from the
258	254		37 Federal Bureau of Investigation and the agency responsible
259	255		38 for retaining that state's criminal records;
260	256		39 (4) notify the home state of any adverse action, encumbrance,
261	257		40 or restriction on any professional license taken by any
262	258		41 member state or nonmember state within thirty (30) days
263	259		42 from the date the action is taken;
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	260	+	2024 IN 110—LS 6404/DI 148 7
265	261		1 (5) meet any continuing competence requirements established
266	262		2 by the home state; and
267	263		3 (6) abide by the laws, regulations, and applicable standards in
268	264		4 the member state where the client is located at the time care
269	265		5 is rendered.
270	266		6 Sec. 2. An applicant for a clinical category multistate license
271	267		7 must meet all of the following requirements:
272	268		8 (1) Fulfill a competency requirement, which shall be satisfied
273	269		9 by:
274	270		10 (A) passage of a clinical category qualifying national exam;
275	271		11 (B) licensure of the applicant in their home state at the
276	272		12 clinical category, beginning before the time a qualifying
277	273		13 national exam was required by the home state and
278	274		14 accompanied by a period of continuous social work
279	275		15 licensure thereafter, all of which may be further governed
280	276		16 by the rules of the commission; or
281	277		17 (C) substantial equivalency of the foregoing competency
282	278		18 requirements which the commission may determine by
283	279		19 rule.
284	280		20 (2) Attain at least a master's degree in social work from a
285	281		21 program that is:
286	282		22 (A) operated by a college or university recognized by the
287	283		23 licensing authority; and
288	284		24 (B) accredited, or in candidacy that subsequently becomes
289	285		25 accredited, by an accrediting agency recognized by either:
290	286		26 (i) the Council for Higher Education Accreditation or its
291	287		27 successor; or
292	288		28 (ii) the United States Department of Education.
293	289		29 (3) Fulfill a practice requirement, which shall be satisfied by
294	290		30 demonstrating completion of:
295	291		31 (A) a period of postgraduate supervised clinical practice
296	292		32 equal to a minimum of three thousand (3,000) hours;
297	293		33 (B) a minimum of two (2) years of full-time postgraduate
298	294		34 supervised clinical practice; or
299	295		35 (C) the substantial equivalency of the foregoing practice
300	296		36 requirements which the commission may determine by
301	297		37 rule.
302	298		38 Sec. 3. An applicant for a master's category multistate license
303	299		39 must meet all of the following requirements:
304	300		40 (1) Fulfill a competency requirement, which shall be satisfied
305	301		41 by:
306	302		42 (A) passage of a master's category qualifying national
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	303	+	2024 IN 110—LS 6404/DI 148 8
308	304		1 exam;
309	305		2 (B) licensure of the applicant in their home state at the
310	306		3 master's category, beginning before the time as a
311	307		4 qualifying national exam was required by the home state
312	308		5 at the master's category and accompanied by a period of
313	309		6 continuous social work licensure thereafter, all of which
314	310		7 may be further governed by the rules of the commission;
315	311		8 or
316	312		9 (C) substantial equivalency of the foregoing competency
317	313		10 requirements which the commission may determine by
318	314		11 rule.
319	315		12 (2) Attain at least a master's degree in social work from a
320	316		13 program that is:
321	317		14 (A) operated by a college or university recognized by the
322	318		15 licensing authority; and
323	319		16 (B) accredited, or in candidacy that subsequently becomes
324	320		17 accredited, by an accrediting agency recognized by either:
325	321		18 (i) the Council for Higher Education Accreditation or its
326	322		19 successor; or
327	323		20 (ii) the United States Department of Education.
328	324		21 Sec. 4. An applicant for a bachelor's category multistate license
329	325		22 must meet all of the following requirements:
330	326		23 (1) Fulfill a competency requirement, which shall be satisfied
331	327		24 by:
332	328		25 (A) passage of a bachelor's category qualifying national
333	329		26 exam;
334	330		27 (B) licensure of the applicant in their home state at the
335	331		28 bachelor's category, beginning before the time as a
336	332		29 qualifying national exam was required by the home state
337	333		30 and accompanied by a period of continuous social work
338	334		31 licensure thereafter, all of which may be further governed
339	335		32 by the rules of the commission; or
340	336		33 (C) substantial equivalency of the foregoing competency
341	337		34 requirements which the commission may determine by
342	338		35 rule.
343	339		36 (2) Attain at least a bachelor's degree in social work from a
344	340		37 program that is:
345	341		38 (A) operated by a college or university recognized by the
346	342		39 licensing authority; and
347	343		40 (B) accredited, or in candidacy that subsequently becomes
348	344		41 accredited, by an accrediting agency recognized by either:
349	345		42 (i) the Council for Higher Education Accreditation or its
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	346	+	2024 IN 110—LS 6404/DI 148 9
351	347		1 successor; or
352	348		2 (ii) the United States Department of Education.
353	349		3 Sec. 5. The multistate license for a regulated social worker is
354	350		4 subject to the renewal requirements of the home state. The
355	351		5 regulated social worker must maintain compliance with the
356	352		6 requirements of this chapter to be eligible to renew a multistate
357	353		7 license.
358	354		8 Sec. 6. The regulated social worker's services in a remote state
359	355		9 are subject to that member state's regulatory authority. A remote
360	356		10 state may, in accordance with due process and that member state's
361	357		11 laws, remove a regulated social worker's multistate authorization
362	358		12 to practice in the remote state for a specific period of time, impose
363	359		13 fines, and take any other necessary actions to protect the health
364	360		14 and safety of its citizens.
365	361		15 Sec. 7. If a multistate license is encumbered, the regulated social
366	362		16 worker's multistate authorization to practice shall be deactivated
367	363		17 in all remote states until the multistate license is no longer
368	364		18 encumbered.
369	365		19 Sec. 8. If a multistate authorization to practice is encumbered in
370	366		20 a remote state, the regulated social worker's multistate
371	367		21 authorization to practice may be deactivated in that state until the
372	368		22 multistate authorization to practice is no longer encumbered.
373	369		23 Chapter 5. Issuance of a Multistate License
374	370		24 Sec. 1. Upon receipt of an application for a multistate license,
375	371		25 the home state licensing authority shall determine the applicant's
376	372		26 eligibility for a multistate license under IC 25-44-4.
377	373		27 Sec. 2. If the applicant is eligible under IC 25-44-4, the home
378	374		28 state licensing authority shall issue a multistate license that
379	375		29 authorizes the applicant or regulated social worker to practice in
380	376		30 all member states under a multistate authorization to practice.
381	377		31 Sec. 3. Upon issuance of a multistate license, the home state
382	378		32 licensing authority shall designate whether the regulated social
383	379		33 worker holds a multistate license in the bachelor's, master's, or
384	380		34 clinical category of social work.
385	381		35 Sec. 4. A multistate license issued by a home state to a resident
386	382		36 in that state shall be recognized by all compact member states as
387	383		37 authorizing social work practice under a multistate authorization
388	384		38 to practice corresponding to each category of licensure regulated
389	385		39 in each member state.
390	386		40 Chapter 6. Authority of Interstate Compact Commission and
391	387		41 Member State Licensing Authorities
392	388		42 Sec. 1. Nothing in this compact, nor any rule of the commission,
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	389	+	2024 IN 110—LS 6404/DI 148 10
394	390		1 limits, restricts, or in any way reduces the ability of a:
395	391		2 (1) member state to:
396	392		3 (A) enact and enforce laws, regulations, or other rules
397	393		4 related to the practice of social work in that state, where
398	394		5 those laws, regulations, or other rules are not inconsistent
399	395		6 with the provisions of this compact; or
400	396		7 (B) take adverse action against a licensee's single state
401	397		8 license to practice social work in that state;
402	398		9 (2) remote state to take adverse action against a licensee's
403	399		10 multistate authorization to practice in that state; or
404	400		11 (3) licensee's home state to take adverse action against a
405	401		12 licensee's multistate license based upon information provided
406	402		13 by a remote state.
407	403		14 Sec. 2. This compact does not affect the requirements
408	404		15 established by a member state for the issuance of a single state
409	405		16 license.
410	406		17 Chapter 7. Reissuance of a Multistate License by a New Home
411	407		18 State
412	408		19 Sec. 1. A licensee can hold a multistate license, issued by their
413	409		20 home state, in only one (1) member state at any given time.
414	410		21 Sec. 2. If a licensee changes their home state by moving between
415	411		22 two (2) member states the following apply:
416	412		23 (1) The licensee shall immediately apply for the reissuance of
417	413		24 their multistate license in their new home state. The licensee
418	414		25 shall pay all applicable fees and notify the prior home state in
419	415		26 accordance with the rules of the commission.
420	416		27 (2) Upon receipt of an application to reissue a multistate
421	417		28 license, the new home state shall verify that the multistate
422	418		29 license is active, unencumbered, and eligible for reissuance
423	419		30 under the terms of the compact and the rules of the
424	420		31 commission. The multistate license issued by the prior home
425	421		32 state will be deactivated and all member states notified in
426	422		33 accordance with the applicable rules adopted by the
427	423		34 commission.
428	424		35 (3) Before the reissuance of the multistate license, the new
429	425		36 home state shall conduct procedures for considering the
430	426		37 criminal history records of the licensee. The procedures shall
431	427		38 include the submission of fingerprints or other biometric
432	428		39 based information by applicants for the purpose of obtaining
433	429		40 an applicant's criminal history record information from the
434	430		41 Federal Bureau of Investigation and the agency responsible
435	431		42 for retaining that state's criminal records.
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437	433		1 (4) If required for initial licensure, the new home state may
438	434		2 require completion of jurisprudence requirements in the new
439	435		3 home state.
440	436		4 (5) Notwithstanding any other provision of this compact, if a
441	437		5 licensee does not meet the requirements set forth in this
442	438		6 compact for the reissuance of a multistate license by the new
443	439		7 home state, then the licensee is subject to the new home state
444	440		8 requirements for the issuance of a single state license in that
445	441		9 state.
446	442		10 Sec. 3. If a licensee changes their primary state of residence by
447	443		11 moving from a member state to a nonmember state, or from a
448	444		12 nonmember state to a member state, then the licensee is subject to
449	445		13 the state requirements for the issuance of a single state license in
450	446		14 the new home state.
451	447		15 Sec. 4. Nothing in this compact interferes with a licensee's
452	448		16 ability to hold a single state license in multiple states. However, for
453	449		17 the purposes of this compact, a licensee shall have only one (1)
454	450		18 home state and only one (1) multistate license.
455	451		19 Sec. 5. Nothing in this compact interferes with the requirements
456	452		20 established by a member state for the issuance of a single state
457	453		21 license.
458	454		22 Chapter 8. Military Families
459	455		23 Sec. 1. An active military member or their spouse shall
460	456		24 designate a home state where the individual has a multistate
461	457		25 license. The individual may retain their home state designation
462	458		26 during the period the service member is on active duty.
463	459		27 Chapter 9. Adverse Actions
464	460		28 Sec. 1. (a) In addition to the other powers conferred by state
465	461		29 law, a remote state has the authority, according to existing state
466	462		30 due process law, to:
467	463		31 (1) take adverse action against a regulated social worker's
468	464		32 multistate authorization to practice only within that remote
469	465		33 state; and
470	466		34 (2) issue subpoenas for both hearings and investigations that
471	467		35 require the attendance and testimony of witnesses as well as
472	468		36 the production of evidence.
473	469		37 (b) The member state that receives a subpoena issued by a
474	470		38 licensing authority in another member state shall enforce the
475	471		39 subpoena in a court of competent jurisdiction according to the
476	472		40 court's subpoena practice and procedure.
477	473		41 (c) The issuing licensing authority shall pay any witness fees,
478	474		42 travel expenses, mileage, and other fees required by the service
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480	476		1 statutes of the state in which the witnesses or evidence are located.
481	477		2 Sec. 2. (a) Only the home state has the power to take adverse
482	478		3 action against a regulated social worker's multistate license.
483	479		4 (b) For purposes of taking adverse action, the home state shall
484	480		5 do the following:
485	481		6 (1) Give the same priority and effect to reported conduct
486	482		7 received from a member state as it would if the conduct had
487	483		8 occurred within the home state.
488	484		9 (2) Apply its own state laws to determine appropriate action.
489	485		10 (c) If a regulated social worker changes their home state during
490	486		11 the course of an investigation:
491	487		12 (1) the home state shall:
492	488		13 (A) complete any pending investigations of a regulated
493	489		14 social worker who changes their home state during the
494	490		15 course of the investigations;
495	491		16 (B) have the authority to take appropriate action(s); and
496	492		17 (C) promptly report the conclusions of the investigations
497	493		18 to the administrator of the data system; and
498	494		19 (2) the administrator of the data system shall promptly notify
499	495		20 the new home state of any adverse actions.
500	496		21 Sec. 3. A member state, if otherwise permitted by state law, may
501	497		22 recover from the affected regulated social worker the costs of
502	498		23 investigations and dispositions of cases resulting from any adverse
503	499		24 action taken against that regulated social worker.
504	500		25 Sec. 4. A member state may take adverse action based on the
505	501		26 factual findings of another member state if the member state
506	502		27 follows its own procedures for taking the adverse action.
507	503		28 Sec. 5. (a) In addition to the authority granted to a member state
508	504		29 by its respective social work practice act or other applicable state
509	505		30 law, any member state may participate with other member states
510	506		31 in joint investigations of licensees.
511	507		32 (b) Member states shall share any investigative, litigation, or
512	508		33 compliance materials in furtherance of any joint or individual
513	509		34 investigation initiated under the compact.
514	510		35 Sec. 6. If adverse action is taken by the home state against the
515	511		36 multistate license of a regulated social worker, the regulated social
516	512		37 worker's multistate authorization to practice in all other member
517	513		38 states shall be deactivated until all encumbrances have been
518	514		39 removed from the multistate license. All home state disciplinary
519	515		40 orders that impose adverse action against the license of a regulated
520	516		41 social worker shall include a statement that the regulated social
521	517		42 worker's multistate authorization to practice is deactivated in all
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523	519		1 member states until all conditions of the decision, order, or
524	520		2 agreement are satisfied.
525	521		3 Sec. 7. (a) If a member state takes adverse action, it shall
526	522		4 promptly notify the administrator of the data system.
527	523		5 (b) The administrator of the data system shall promptly notify
528	524		6 the home state and all other member states of any adverse actions
529	525		7 by a remote state.
530	526		8 Sec. 8. Nothing in this compact overrides a member state's
531	527		9 decision that participation in an alternative program may be used
532	528		10 in lieu of adverse action.
533	529		11 Sec. 9. Nothing in this compact authorizes a member state to
534	530		12 demand the issuance of subpoenas for attendance and testimony of
535	531		13 witnesses or the production of evidence from another member state
536	532		14 for lawful actions within that member state.
537	533		15 Sec. 10. Nothing in this compact authorizes a member state to
538	534		16 impose discipline against a regulated social worker who holds a
539	535		17 multistate authorization to practice for lawful actions within
540	536		18 another member state.
541	537		19 Chapter 10. Establishment of Social Work Licensure Compact
542	538		20 Commission
543	539		21 Sec. 1. (a) The compact member states create and establish a
544	540		22 joint government agency whose membership consists of all member
545	541		23 states that have enacted the compact known as the social work
546	542		24 licensure compact commission.
547	543		25 (b) The commission is an instrumentality of the compact states
548	544		26 acting jointly and not an instrumentality of any one (1) state.
549	545		27 (c) The commission shall come into existence on or after the
550	546		28 effective date of the compact as set forth in IC 25-44-14.
551	547		29 Sec. 2. (a) Each member state shall have and be limited to one
552	548		30 (1) delegate selected by that member state's licensing authority.
553	549		31 (b) The delegate shall be either:
554	550		32 (1) a current member of the licensing authority at the time of
555	551		33 appointment, who is a regulated social worker or public
556	552		34 member of the state licensing authority; or
557	553		35 (2) an administrator of the licensing authority or their
558	554		36 designee.
559	555		37 (c) The commission, by a rule or bylaw:
560	556		38 (1) shall establish a term of office for delegates; and
561	557		39 (2) may establish term limits.
562	558		40 (d) The commission may recommend removal or suspension of
563	559		41 any delegate from office.
564	560		42 (e) A member state's licensing authority shall fill any vacancy
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566	562		1 of its delegate occurring on the commission within sixty (60) days
567	563		2 of the vacancy.
568	564		3 (f) Each delegate is entitled to one (1) vote on all matters before
569	565		4 the commission requiring a vote by commission delegates.
570	566		5 (g) A delegate shall vote in person or by other means provided
571	567		6 in the bylaws.
572	568		7 (h) The bylaws may provide for delegates to meet by
573	569		8 telecommunication, video conference, or other means of
574	570		9 communication.
575	571		10 (i) The commission shall meet at least once during each calendar
576	572		11 year. Additional meetings may be held as set forth in the bylaws.
577	573		12 The commission may meet by telecommunication, video
578	574		13 conference, or other similar electronic means.
579	575		14 Sec. 3. The commission has the following powers:
580	576		15 (1) Establish the fiscal year of the commission.
581	577		16 (2) Establish code of conduct and conflict of interest policies.
582	578		17 (3) Establish and amend rules and bylaws.
583	579		18 (4) Maintain its financial records in accordance with the
584	580		19 bylaws.
585	581		20 (5) Meet and take action consistent with the provisions of this
586	582		21 compact, the commission's rules, and the bylaws.
587	583		22 (6) Initiate and conclude legal proceedings or actions in the
588	584		23 name of the commission if the standing of any licensing
589	585		24 authority to sue or be sued under applicable law is not
590	586		25 affected.
591	587		26 (7) Maintain and certify records and information provided to
592	588		27 a member state as the authenticated business records of the
593	589		28 commission, and designate an agent to do so on the
594	590		29 commission's behalf.
595	591		30 (8) Purchase and maintain insurance and bonds.
596	592		31 (9) Borrow, accept, or contract for services of personnel,
597	593		32 including, but not limited to, employees of a member state.
598	594		33 (10) Conduct an annual financial review.
599	595		34 (11) Hire employees, elect or appoint officers, fix
600	596		35 compensation, define duties, grant individuals appropriate
601	597		36 authority to carry out the purposes of the compact, and
602	598		37 establish the commission's personnel policies and programs
603	599		38 relating to conflicts of interest, qualifications of personnel,
604	600		39 and other related personnel matters.
605	601		40 (12) Assess and collect fees.
606	602		41 (13) Accept appropriate gifts, donations, grants of money,
607	603		42 other sources of revenue, equipment, supplies, materials, and
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609	605		1 services, and receive, utilize, and dispose of the same.
610	606		2 However, at all times the commission shall avoid any
611	607		3 appearance of impropriety or conflict of interest.
612	608		4 (14) Lease, purchase, retain, own, hold, improve, or use any
613	609		5 property, real, personal, or mixed, or any undivided interest
614	610		6 therein.
615	611		7 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon,
616	612		8 or otherwise dispose of any property real, personal, or mixed.
617	613		9 (16) Establish a budget and make expenditures.
618	614		10 (17) Borrow money.
619	615		11 (18) Appoint committees, including standing committees,
620	616		12 composed of members, state regulators, state legislators or
621	617		13 their representatives, consumer representatives, and other
622	618		14 interested persons designated in this compact and the bylaws.
623	619		15 (19) Provide and receive information from, and cooperate
624	620		16 with, law enforcement agencies.
625	621		17 (20) Establish and elect an executive committee, including a
626	622		18 chair and a vice chair.
627	623		19 (21) Determine whether a state's adopted language is
628	624		20 materially different from the model compact language such
629	625		21 that the state would not qualify for participation in the
630	626		22 compact.
631	627		23 (22) Perform other functions as necessary or appropriate to
632	628		24 achieve the purposes of this compact.
633	629		25 Sec. 4. (a) The executive committee has the power to act on
634	630		26 behalf of the commission according to the terms of this compact.
635	631		27 (b) The powers, duties, and responsibilities of the executive
636	632		28 committee include:
637	633		29 (1) overseeing the day to day activities of the administration
638	634		30 of the compact, including enforcement and compliance with
639	635		31 the provisions of the compact, its rules and bylaws, and other
640	636		32 duties as deemed necessary;
641	637		33 (2) recommending to the commission changes to the:
642	638		34 (A) rules or bylaws;
643	639		35 (B) compact legislation;
644	640		36 (C) fees charged to compact member states;
645	641		37 (D) fees charged to licensees; and
646	642		38 (E) other fees;
647	643		39 (3) ensuring compact administration services are
648	644		40 appropriately provided, including by contract;
649	645		41 (4) preparing and recommending the budget;
650	646		42 (5) maintaining financial records on behalf of the commission;
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652	648		1 (6) monitoring compact compliance of member states and
653	649		2 providing compliance reports to the commission;
654	650		3 (7) establishing additional committees as necessary;
655	651		4 (8) exercising the powers and duties of the commission during
656	652		5 the interim between commission meetings, except for:
657	653		6 (A) adopting or amending rules;
658	654		7 (B) adopting or amending bylaws; and
659	655		8 (C) exercising any other powers and duties expressly
660	656		9 reserved to the commission by rule or bylaw; and
661	657		10 (9) performing other duties as provided in the rules or bylaws
662	658		11 of the commission.
663	659		12 Sec. 5. (a) The executive committee is composed of up to eleven
664	660		13 (11) members, including:
665	661		14 (1) the chair and vice chair of the commission, who are voting
666	662		15 members of the executive committee;
667	663		16 (2) five (5) voting members from the current membership of
668	664		17 the commission who are elected by the commission; and
669	665		18 (3) up to four (4) ex officio, nonvoting members from four (4)
670	666		19 recognized national social work organizations. The ex officio
671	667		20 members will be selected by their respective organizations.
672	668		21 (b) The commission may remove any member of the executive
673	669		22 committee as provided in the commission's bylaws.
674	670		23 Sec. 6. (a) The executive committee shall meet at least once
675	671		24 annually.
676	672		25 (b) Executive committee meetings shall be open to the public,
677	673		26 except that the executive committee may meet in a closed,
678	674		27 nonpublic meeting as provided in section 8(d) of this chapter.
679	675		28 (c) The executive committee shall give seven (7) days notice of
680	676		29 its meetings, posted on its website and as determined to provide
681	677		30 notice to persons with an interest in the business of the commission.
682	678		31 (d) The executive committee may hold a special meeting in
683	679		32 accordance with section 8(c) of this chapter.
684	680		33 Sec. 7. The commission shall adopt and provide to the member
685	681		34 states an annual report.
686	682		35 Sec. 8. (a) Except as provided in subsection (d), all meetings are
687	683		36 open to the public.
688	684		37 (b) Except as provided in subsection (c), public notice for all
689	685		38 meetings of the full commission shall be given in the same manner
690	686		39 as required under IC 25-44-12.
691	687		40 (c) The commission may hold a special meeting when it must
692	688		41 meet to conduct emergency business by giving forty-eight (48)
693	689		42 hours notice to all commissioners, on the commission's website, and
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695	691		1 other means as provided in the commission's rules. The
696	692		2 commission's legal counsel shall certify that the commission's need
697	693		3 to meet qualifies as an emergency.
698	694		4 (d) The commission or the executive committee or other
699	695		5 committees of the commission may convene in a closed, nonpublic
700	696		6 meeting for the commission or executive committee or other
701	697		7 committees of the commission to receive legal advice or to discuss:
702	698		8 (1) noncompliance of a member state with its obligations
703	699		9 under the compact;
704	700		10 (2) the employment, compensation, discipline or other
705	701		11 matters, practices, or procedures related to specific
706	702		12 employees;
707	703		13 (3) current or threatened discipline of a licensee by the
708	704		14 commission or by a member state's licensing authority;
709	705		15 (4) current, threatened, or reasonably anticipated litigation;
710	706		16 (5) negotiation of contracts for the purchase, lease, or sale of
711	707		17 goods, services, or real estate;
712	708		18 (6) accusing any person of a crime or formally censuring any
713	709		19 person;
714	710		20 (7) trade secrets or commercial or financial information that
715	711		21 is privileged or confidential;
716	712		22 (8) information of a personal nature where disclosure would
717	713		23 constitute a clearly unwarranted invasion of personal privacy;
718	714		24 (9) investigative records compiled for law enforcement
719	715		25 purposes;
720	716		26 (10) information related to any investigative reports prepared
721	717		27 by or on behalf of or for use of the commission or other
722	718		28 committee charged with responsibility of investigation or
723	719		29 determination of compliance issues under the compact;
724	720		30 (11) matters specifically exempted from disclosure by federal
725	721		31 or member state law; or
726	722		32 (12) other matters as promulgated by the commission by rule.
727	723		33 (e) If a meeting, or portion of a meeting, is closed:
728	724		34 (1) the presiding officer shall:
729	725		35 (A) state that the meeting will be closed; and
730	726		36 (B) reference each relevant exempting provision; and
731	727		37 (2) the reference shall be recorded in the minutes.
732	728		38 (f) The commission shall:
733	729		39 (1) keep minutes that fully and clearly describe all matters
734	730		40 discussed in a meeting; and
735	731		41 (2) provide a full and accurate summary of actions taken and
736	732		42 the reasons therefore, including a description of the views
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738	734		1 expressed.
739	735		2 (g) All documents considered in connection with an action shall
740	736		3 be identified in the minutes. However, all minutes and documents
741	737		4 of a closed meeting shall remain under seal, subject to release only
742	738		5 by a majority vote of the commission or order of a court of
743	739		6 competent jurisdiction.
744	740		7 Sec. 9. (a) The commission shall pay, or provide for the payment
745	741		8 of, the reasonable expenses of its establishment, organization, and
746	742		9 ongoing activities.
747	743		10 (b) The commission may accept all appropriate revenue sources
748	744		11 as provided in section 3(13) of this chapter.
749	745		12 (c) The commission may:
750	746		13 (1) levy on and collect an annual assessment from each
751	747		14 member state; and
752	748		15 (2) impose fees on licensees of member states to whom it
753	749		16 grants a multistate license;
754	750		17 to cover the cost of the operations and activities of the commission
755	751		18 and its staff, which must be in a total amount sufficient to cover its
756	752		19 annual budget as approved each year for which revenue is not
757	753		20 provided by other sources. The aggregate annual assessment
758	754		21 amount for member states shall be allocated based on a formula
759	755		22 that the commission promulgates by rule.
760	756		23 (d) The commission shall not:
761	757		24 (1) incur obligations of any kind before securing the funds
762	758		25 adequate to meet the same; or
763	759		26 (2) pledge the credit of any of the member states, except by
764	760		27 and with the authority of the member state.
765	761		28 (e) The commission shall keep accurate accounts of all receipts
766	762		29 and disbursements. The receipts and disbursements of the
767	763		30 commission are subject to the financial review and accounting
768	764		31 procedures established under its bylaws. However, all receipts and
769	765		32 disbursements of funds handled by the commission are subject to
770	766		33 an annual financial review by a certified or licensed public
771	767		34 accountant, and the report of the financial review shall be included
772	768		35 in and become part of the annual report of the commission.
773	769		36 Sec. 10. (a) Except as provided in subsection (b), the members,
774	770		37 officers, executive director, employees, and representatives of the
775	771		38 commission are immune from suit and liability, both personally
776	772		39 and in their official capacity, for a claim for damage to or loss of
777	773		40 property, personal injury, or other civil liability caused by or
778	774		41 arising out of:
779	775		42 (1) an actual or alleged act, error, or omission that occurred;
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781	777		1 or
782	778		2 (2) as determined by the commission, that the person against
783	779		3 whom the claim is made had a reasonable basis for believing
784	780		4 occurred within the scope of commission employment, duties,
785	781		5 or responsibilities.
786	782		6 (b) An individual is not immune under subsection (a) for the
787	783		7 individual's:
788	784		8 (1) intentional misconduct; or
789	785		9 (2) willful or wanton misconduct.
790	786		10 (c) The commission's procurement of insurance of any type shall
791	787		11 not in any way compromise or limit the immunity granted in this
792	788		12 section.
793	789		13 (d) Except as provided in subsection (e), the commission shall
794	790		14 defend any member, officer, executive director, employee, and
795	791		15 representative of the commission in any civil action seeking to
796	792		16 impose liability arising out of any actual or alleged act, error, or
797	793		17 omission:
798	794		18 (1) that occurred within the scope of commission employment,
799	795		19 duties, or responsibilities; or
800	796		20 (2) as determined by the commission, that the person against
801	797		21 whom the claim is made had a reasonable basis for believing
802	798		22 occurred within the scope of commission employment, duties,
803	799		23 or responsibilities.
804	800		24 However, this subsection does not prohibit that person from
805	801		25 retaining their own counsel at their own expense.
806	802		26 (e) The commission is not required to defend an individual
807	803		27 described in subsection (d) if the individual's actual or alleged act,
808	804		28 error, or omission was:
809	805		29 (1) intentional misconduct; or
810	806		30 (2) willful or wanton misconduct.
811	807		31 (f) Subject to subsection (g), the commission shall indemnify and
812	808		32 hold harmless any member, officer, executive director, employee,
813	809		33 and representative of the commission for the amount of any
814	810		34 settlement or judgment obtained against that person arising out of
815	811		35 any actual or alleged act, error, or omission:
816	812		36 (1) that occurred within the scope of commission employment,
817	813		37 duties, or responsibilities; or
818	814		38 (2) that the person had a reasonable basis for believing
819	815		39 occurred within the scope of commission employment, duties,
820	816		40 or responsibilities.
821	817		41 (g) The commission is not required to indemnify and hold
822	818		42 harmless a person described in subsection (f) if the actual or
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824	820		1 alleged act, error, or omission was:
825	821		2 (1) intentional misconduct; or
826	822		3 (2) willful or wanton misconduct.
827	823		4 (h) This compact does not limit the liability of any licensee for
828	824		5 professional malpractice or misconduct, which is governed solely
829	825		6 by any other applicable state laws.
830	826		7 (i) This compact does not waive or otherwise abrogate a
831	827		8 member state's state action immunity or state action affirmative
832	828		9 defense with respect to antitrust claims under the Sherman Act,
833	829		10 Clayton Act, or any other state or federal antitrust or
834	830		11 anticompetitive law or regulation.
835	831		12 (j) This compact is not a waiver of sovereign immunity by the
836	832		13 member states or by the commission.
837	833		14 Chapter 11. Data System
838	834		15 Sec. 1. The commission shall provide for the development,
839	835		16 maintenance, operation, and utilization of a coordinated data
840	836		17 system.
841	837		18 Sec. 2. (a) The commission shall assign each applicant for a
842	838		19 multistate license a unique identifier, as determined by the rules of
843	839		20 the commission.
844	840		21 (b) Notwithstanding any other provision of state law to the
845	841		22 contrary, a member state shall submit a uniform data set to the
846	842		23 data system on all individuals to whom this compact is applicable
847	843		24 as required by the rules of the commission, including:
848	844		25 (1) identifying information;
849	845		26 (2) licensure data;
850	846		27 (3) adverse actions against a license and information related
851	847		28 thereto;
852	848		29 (4) nonconfidential information related to alternative
853	849		30 program participation, the beginning and ending dates of the
854	850		31 participation, and other information related to the
855	851		32 participation not made confidential under member state law;
856	852		33 (5) any denial of application for licensure and the reason(s)
857	853		34 for the denial;
858	854		35 (6) the presence of current significant investigative
859	855		36 information; and
860	856		37 (7) other information that may facilitate the administration of
861	857		38 this compact or the protection of the public, as determined by
862	858		39 the rules of the commission.
863	859		40 Sec. 3. The records and information provided to a member state
864	860		41 under this compact or through the data system, when certified by
865	861		42 the commission or an agent thereof, constitute the authenticated
866		-	SB 110—LS 6404/DI 148 21
	862	+	2024 IN 110—LS 6404/DI 148 21
867	863		1 business records of the commission, and are entitled to any
868	864		2 associated hearsay exception in any relevant judicial,
869	865		3 quasi-judicial, or administrative proceedings in a member state.
870	866		4 Sec. 4. (a) current significant investigative information
871	867		5 pertaining to a licensee in any member state will only be available
872	868		6 to other member states.
873	869		7 (b) It is the responsibility of the member states to:
874	870		8 (1) report any adverse action against a licensee; and
875	871		9 (2) monitor the data base to determine whether adverse action
876	872		10 has been taken against a licensee.
877	873		11 Adverse action information pertaining to a licensee in any member
878	874		12 state will be available to any other member state.
879	875		13 Sec. 5. (a) Member states contributing information to the data
880	876		14 system may designate information that may not be shared with the
881	877		15 public without the express permission of the contributing state.
882	878		16 (b) The commission shall remove from the data system any
883	879		17 information submitted that is subsequently expunged under federal
884	880		18 law or the laws of the member state contributing the information.
885	881		19 Chapter 12. Rulemaking
886	882		20 Sec. 1. (a) The commission shall promulgate reasonable rules to
887	883		21 effectively and efficiently implement and administer the purposes
888	884		22 and provisions of the compact. A rule is invalid and has no force or
889	885		23 effect only if a court of competent jurisdiction holds that the rule
890	886		24 is invalid because the commission exercised its rulemaking
891	887		25 authority in a manner that is:
892	888		26 (1) beyond the scope and purposes of the compact;
893	889		27 (2) beyond the powers granted by the compact; or
894	890		28 (3) based on another applicable standard of review.
895	891		29 (b) The rules of the commission have the force of law in each
896	892		30 member state. However, where the rules of the commission conflict
897	893		31 with the laws of the member state that establish the member state's
898	894		32 laws, regulations, and applicable standards that govern the
899	895		33 practice of social work, as held by a court of competent
900	896		34 jurisdiction, the rules of the commission are ineffective in that state
901	897		35 to the extent of the conflict.
902	898		36 (c) The commission shall exercise its rulemaking powers
903	899		37 according to the criteria set forth in this chapter and the rules
904	900		38 adopted thereunder. Rules are binding on:
905	901		39 (1) the day following adoption; or
906	902		40 (2) the date specified in the rule or amendment;
907	903		41 whichever is later.
908	904		42 (d) If a majority of the legislatures of the member states rejects
909		-	SB 110—LS 6404/DI 148 22
	905	+	2024 IN 110—LS 6404/DI 148 22
910	906		1 a rule or portion of a rule, by enactment of a statute or resolution
911	907		2 in the same manner used to adopt the compact within four (4)
912	908		3 years of the date of adoption of the rule, then the rule has no
913	909		4 further force and effect in any member state.
914	910		5 (e) Rules are adopted at a regular or special meeting of the
915	911		6 commission.
916	912		7 Sec. 2. (a) Before adoption of a proposed rule, the commission
917	913		8 shall:
918	914		9 (1) hold a public hearing and allow persons to provide oral
919	915		10 and written comments, data, facts, opinions, and arguments;
920	916		11 and
921	917		12 (2) provide, at least thirty (30) days in advance of the meeting
922	918		13 at which the commission will hold a public hearing on the
923	919		14 proposed rule, a notice of proposed rulemaking:
924	920		15 (A) on the website of the commission or other publicly
925	921		16 accessible platform;
926	922		17 (B) to persons who have requested notice of the
927	923		18 commission's notices of proposed rulemaking; and
928	924		19 (C) in other way(s) as the commission may by rule specify.
929	925		20 (b) The commission shall include in the notice of proposed
930	926		21 rulemaking the following:
931	927		22 (1) The time, date, and location of the public hearing at which
932	928		23 the commission will hear public comments on the proposed
933	929		24 rule and, if different, the time, date, and location of the
934	930		25 meeting where the commission will consider and vote on the
935	931		26 proposed rule.
936	932		27 (2) If the hearing is held via telecommunication, video
937	933		28 conference, or other electronic means, include the mechanism
938	934		29 for access to the hearing in the notice of proposed rulemaking.
939	935		30 (3) The text of the proposed rule and the reason therefor.
940	936		31 (4) A request for comments on the proposed rule from any
941	937		32 interested person.
942	938		33 (5) The manner in which interested persons may submit
943	939		34 written comments.
944	940		35 (c) All hearings are recorded. A copy of the recording and all
945	941		36 written comments and documents received by the commission in
946	942		37 response to the proposed rule are available to the public.
947	943		38 (d) This section does not require a separate hearing on each
948	944		39 rule. Rules may be grouped for the convenience of the commission
949	945		40 at hearings required by this section.
950	946		41 (e) The commission shall, by majority vote of all members, take
951	947		42 final action on the proposed rule based on the rulemaking record
952		-	SB 110—LS 6404/DI 148 23
	948	+	2024 IN 110—LS 6404/DI 148 23
953	949		1 and the full text of the rule.
954	950		2 (f) The commission:
955	951		3 (1) may adopt changes to the proposed rule if the changes do
956	952		4 not enlarge the original purpose of the proposed rule; and
957	953		5 (2) shall:
958	954		6 (A) provide an explanation of the reasons for:
959	955		7 (i) substantive changes made to the proposed rule; and
960	956		8 (ii) substantive changes not made that were
961	957		9 recommended by commenters; and
962	958		10 (B) determine a reasonable effective date for the rule.
963	959		11 Except for an emergency as provided in section 3 of this
964	960		12 chapter, the effective date of the rule must be no sooner
965	961		13 than thirty (30) days after issuing the notice that it adopted
966	962		14 or amended the rule.
967	963		15 Sec. 3. Upon determination that an emergency exists, the
968	964		16 commission may consider and adopt an emergency rule with
969	965		17 forty-eight (48) hours notice, with opportunity to comment, if the
970	966		18 usual rulemaking procedures provided in the compact and in this
971	967		19 chapter are retroactively applied to the rule as soon as reasonably
972	968		20 possible, in no event later than ninety (90) days after the effective
973	969		21 date of the rule. For the purposes of this section, an emergency rule
974	970		22 is a rule that must be adopted immediately to:
975	971		23 (1) meet an imminent threat to public health, safety, or
976	972		24 welfare;
977	973		25 (2) prevent a loss of commission or member state funds;
978	974		26 (3) meet a deadline for the promulgation of a rule that is
979	975		27 established by federal law or rule; or
980	976		28 (4) protect public health and safety.
981	977		29 Sec. 4. (a) The commission or an authorized committee of the
982	978		30 commission may direct revisions to a previously adopted rule for
983	979		31 purposes of correcting typographical errors, errors in format,
984	980		32 errors in consistency, or grammatical errors.
985	981		33 (b) Public notice of any revisions must be posted on the
986	982		34 commission's website.
987	983		35 (c) A revision under this section is subject to challenge by any
988	984		36 person for a period of thirty (30) days after posting.
989	985		37 (d) The revision may be challenged only on grounds that the
990	986		38 revision results in a material change to a rule.
991	987		39 (e) A challenge must be:
992	988		40 (1) made in writing; and
993	989		41 (2) delivered to the commission before the end of the notice
994	990		42 period.
995		-	SB 110—LS 6404/DI 148 24
	991	+	2024 IN 110—LS 6404/DI 148 24
996	992		1 (f) If no challenge is made, the revision will take effect without
997	993		2 further action.
998	994		3 (g) If the revision is challenged, the revision may not take effect
999	995		4 without the approval of the commission.
1000	996		5 Sec. 5. No member state's rulemaking requirements apply under
1001	997		6 this compact.
1002	998		7 Chapter 13. Oversight, Dispute Resolution, and Enforcement
1003	999		8 Sec. 1. The executive and judicial branches of state government
1004	1000		9 in each member state shall enforce this compact and take all
1005	1001		10 actions necessary and appropriate to implement the compact.
1006	1002		11 Sec. 2. (a) Except as otherwise provided in this compact, venue
1007	1003		12 is proper and judicial proceedings by or against the commission
1008	1004		13 must be brought solely and exclusively in a court of competent
1009	1005		14 jurisdiction where the principal office of the commission is located.
1010	1006		15 (b) The commission may waive venue and jurisdictional
1011	1007		16 defenses to the extent it adopts or consents to participate in
1012	1008		17 alternative dispute resolution proceedings.
1013	1009		18 (c) This section does not affect or limit the selection or propriety
1014	1010		19 of venue in any action against a licensee for professional
1015	1011		20 malpractice, misconduct, or any other similar matter.
1016	1012		21 Sec. 3. (a) The commission:
1017	1013		22 (1) is entitled to receive service of process in any proceeding
1018	1014		23 regarding the enforcement or interpretation of the compact;
1019	1015		24 and
1020	1016		25 (2) has standing to intervene in the proceeding for all
1021	1017		26 purposes.
1022	1018		27 (b) Failure to provide the commission service of process renders
1023	1019		28 a judgment or order void as to the commission, this compact, or
1024	1020		29 promulgated rules.
1025	1021		30 Sec. 4. (a) If the commission determines that a member state has
1026	1022		31 defaulted in the performance of its obligations or responsibilities
1027	1023		32 under this compact or the promulgated rules, the commission shall
1028	1024		33 provide written notice to the defaulting state. The notice of default
1029	1025		34 must:
1030	1026		35 (1) describe the default, the proposed means of curing the
1031	1027		36 default, and any other action that the commission may take;
1032	1028		37 and
1033	1029		38 (2) offer training and specific technical assistance regarding
1034	1030		39 the default.
1035	1031		40 (b) The commission shall provide a copy of the notice of default
1036	1032		41 to the other member states.
1037	1033		42 (c) If a state in default fails to cure the default, the defaulting
1038		-	SB 110—LS 6404/DI 148 25
	1034	+	2024 IN 110—LS 6404/DI 148 25
1039	1035		1 state may be terminated from the compact upon an affirmative
1040	1036		2 vote of a majority of the delegates of the member states, and all
1041	1037		3 rights, privileges, and benefits conferred on that state by this
1042	1038		4 compact may be terminated on the effective date of termination. A
1043	1039		5 cure of the default does not relieve the offending state of
1044	1040		6 obligations or liabilities incurred during the period of default.
1045	1041		7 (d) Termination of membership in the compact shall be imposed
1046	1042		8 only after all other means of securing compliance have been
1047	1043		9 exhausted. The commission shall give notice of intent to suspend or
1048	1044		10 terminate to:
1049	1045		11 (1) the governor of the defaulting state;
1050	1046		12 (2) the majority and minority leaders of the defaulting state's
1051	1047		13 legislature;
1052	1048		14 (3) the defaulting state's state licensing authority; and
1053	1049		15 (4) each of the member states' licensing authorities.
1054	1050		16 (e) A state that has been terminated is responsible for all
1055	1051		17 assessments, obligations, and liabilities incurred through the
1056	1052		18 effective date of termination, including obligations that extend
1057	1053		19 beyond the effective date of termination.
1058	1054		20 (f) If a state's membership from this compact is terminated, that
1059	1055		21 state shall:
1060	1056		22 (1) immediately provide notice to all licensees within that state
1061	1057		23 of the termination; and
1062	1058		24 (2) continue to recognize all licenses granted under this
1063	1059		25 compact for a minimum of six (6) months after the date of the
1064	1060		26 notice of termination.
1065	1061		27 (g) The commission shall not bear any costs related to a state
1066	1062		28 that is found to be in default or that has been terminated from the
1067	1063		29 compact, unless agreed upon in writing between the commission
1068	1064		30 and the defaulting state.
1069	1065		31 (h) The defaulting state may appeal the action of the commission
1070	1066		32 by petitioning the United States District Court for the District of
1071	1067		33 Columbia or the federal district where the commission has its
1072	1068		34 principal offices. The prevailing party shall be awarded all costs of
1073	1069		35 litigation, including reasonable attorney's fees.
1074	1070		36 Sec. 5. (a) Upon request by a member state, the commission
1075	1071		37 shall attempt to resolve disputes related to the compact that arise
1076	1072		38 among member states and between member and nonmember
1077	1073		39 states.
1078	1074		40 (b) The commission shall promulgate a rule providing for both
1079	1075		41 mediation and binding dispute resolution for disputes as
1080	1076		42 appropriate.
1081		-	SB 110—LS 6404/DI 148 26
	1077	+	2024 IN 110—LS 6404/DI 148 26
1082	1078		1 Sec. 6. (a) By majority vote as provided by rule, the commission
1083	1079		2 may initiate legal action against a member state in default in the
1084	1080		3 United States District Court for the District of Columbia or the
1085	1081		4 federal district where the commission has its principal offices to
1086	1082		5 enforce compliance with the provisions of the compact and its
1087	1083		6 promulgated rules. The relief sought may include both injunctive
1088	1084		7 relief and damages. In the event judicial enforcement is necessary,
1089	1085		8 the prevailing party shall be awarded all costs of litigation,
1090	1086		9 including reasonable attorney's fees. The remedies under this
1091	1087		10 subsection are not the exclusive remedies of the commission. The
1092	1088		11 commission may pursue any other remedies available under
1093	1089		12 federal or the defaulting member state's law.
1094	1090		13 (b) A member state may initiate legal action against the
1095	1091		14 commission in the United States District Court for the District of
1096	1092		15 Columbia or the federal district where the commission has its
1097	1093		16 principal offices to enforce compliance with the provisions of the
1098	1094		17 compact and its promulgated rules. The relief sought may include
1099	1095		18 both injunctive relief and damages. In the event judicial
1100	1096		19 enforcement is necessary, the prevailing party shall be awarded all
1101	1097		20 costs of litigation, including reasonable attorney's fees.
1102	1098		21 (c) No person other than a member state shall enforce this
1103	1099		22 compact against the commission.
1104	1100		23 Chapter 14. Effective Date, Withdrawal, and Amendment
1105	1101		24 Sec. 1. The compact comes into effect on the date on which the
1106	1102		25 compact statute is enacted into law in the seventh member state.
1107	1103		26 Sec. 2. (a) On or after the effective date of the compact, the
1108	1104		27 commission shall convene and review the enactment of each of the
1109	1105		28 first seven (7) member states (charter member states) to determine
1110	1106		29 if the statute enacted by each charter member state is materially
1111	1107		30 different than the model compact statute.
1112	1108		31 (b) A charter member state whose enactment is found to be
1113	1109		32 materially different from the model compact statute is entitled to
1114	1110		33 the default process under IC 25-44-13.
1115	1111		34 (c) If any member state is later found to be in default, or is
1116	1112		35 terminated or withdraws from the compact, the commission
1117	1113		36 remains in existence and remains in effect even if the number of
1118	1114		37 member states is less than seven (7).
1119	1115		38 Sec. 3. Member states enacting the compact after the seven (7)
1120	1116		39 initial charter member states are subject to review by the
1121	1117		40 commission under IC 25-44-10-3(21) to determine if their
1122	1118		41 enactments are materially different from the model compact
1123	1119		42 statute and whether they qualify for participation in the compact.
1124		-	SB 110—LS 6404/DI 148 27
	1120	+	2024 IN 110—LS 6404/DI 148 27
1125	1121		1 Sec. 4. All actions taken for the benefit of the commission or in
1126	1122		2 furtherance of the purposes of the administration of the compact
1127	1123		3 before the effective date of the compact or the commission coming
1128	1124		4 into existence are considered to be actions of the commission unless
1129	1125		5 specifically repudiated by the commission.
1130	1126		6 Sec. 5. Any state that joins the compact after the commission's
1131	1127		7 initial adoption of the rules and bylaws is subject to the rules and
1132	1128		8 bylaws as they exist on the date on which the compact becomes law
1133	1129		9 in that state. Any rule that has been previously adopted by the
1134	1130		10 commission has the full force and effect of law on the day the
1135	1131		11 compact becomes law in that state.
1136	1132		12 Sec. 6. (a) Any member state may withdraw from this compact
1137	1133		13 by enacting a statute repealing the compact statute.
1138	1134		14 (b) A member state's withdrawal does not take effect until one
1139	1135		15 hundred eighty (180) days after enactment of the repealing statute.
1140	1136		16 (c) Withdrawal does not affect the continuing requirement of
1141	1137		17 the withdrawing state's licensing authority to comply with the
1142	1138		18 investigative and adverse action reporting requirements of this
1143	1139		19 compact before the effective date of withdrawal.
1144	1140		20 (d) Upon the enactment of a statute withdrawing from this
1145	1141		21 compact, a state shall immediately provide notice of the
1146	1142		22 withdrawal to all licensees within that state.
1147	1143		23 (e) Notwithstanding any subsequent statutory enactment to the
1148	1144		24 contrary, the withdrawing state shall continue to recognize all
1149	1145		25 licenses granted under this compact for a minimum of one hundred
1150	1146		26 eighty (180) days after the date of the notice of withdrawal.
1151	1147		27 Sec. 7. This compact does not invalidate or prevent any
1152	1148		28 licensure agreement or other cooperative arrangement between a
1153	1149		29 member state and a nonmember state that does not conflict with
1154	1150		30 the provisions of this compact.
1155	1151		31 Sec. 8. (a) This compact may be amended by the member states.
1156	1152		32 (b) An amendment to this compact is not effective and binding
1157	1153		33 on any member state until it is enacted into the laws of all member
1158	1154		34 states.
1159	1155		35 Chapter 15. Construction and Severability
1160	1156		36 Sec. 1. This compact and the commission's rulemaking authority
1161	1157		37 shall be liberally construed so as to effectuate the purposes, and the
1162	1158		38 implementation and administration of the compact. Provisions of
1163	1159		39 the compact expressly authorizing or requiring the promulgation
1164	1160		40 of rules do not limit the commission's rulemaking authority solely
1165	1161		41 for those purposes.
1166	1162		42 Sec. 2. The provisions of this compact are severable, and if:
1167		-	SB 110—LS 6404/DI 148 28
	1163	+	2024 IN 110—LS 6404/DI 148 28
1168	1164		1 (1) any phrase, clause, sentence, or provision of this compact
1169	1165		2 is held to be contrary to the constitution of any member state,
1170	1166		3 a state seeking participation in the compact, or the United
1171	1167		4 States; or
1172	1168		5 (2) the applicability thereof to any government, agency,
1173	1169		6 person, or circumstance is held to be unconstitutional;
1174	1170		7 by a court of competent jurisdiction, the remainder of this compact
1175	1171		8 and the applicability to any other government, agency, person, or
1176	1172		9 circumstance remains valid.
1177	1173		10 Sec. 3. Notwithstanding section 2 of this chapter, the commission
1178	1174		11 may deny a state's participation in the compact or, according to the
1179	1175		12 requirements of IC 25-44-13-4, terminate a member state's
1180	1176		13 participation in the compact, if it determines that a constitutional
1181	1177		14 requirement of a member state is a material departure from the
1182	1178		15 compact. Otherwise, if this compact is held to be contrary to the
1183	1179		16 constitution of any member state, the compact remains in full force
1184	1180		17 and effect as to the remaining member states and in full force and
1185	1181		18 effect as to the member state affected as to all severable matters.
1186	1182		19 Chapter 16. Consistent Effect and Conflict with Other State
1187	1183		20 Laws
1188	1184		21 Sec. 1. A licensee providing services in a remote state under a
1189	1185		22 multistate authorization to practice shall adhere to the laws and
1190	1186		23 regulations, including applicable standards, of the remote state
1191	1187		24 where the client is located at the time care is rendered.
1192	1188		25 Sec. 2. (a) This compact does not prevent or inhibit the
1193	1189		26 enforcement of any other law of a member state that is not
1194	1190		27 inconsistent with the compact.
1195	1191		28 (b) Any laws, statutes, regulations, or other legal requirements
1196	1192		29 in a member state in conflict with the compact are superseded to
1197	1193		30 the extent of the conflict.
1198	1194		31 Sec. 3. All permissible agreements between the commission and
1199	1195		32 the member states are binding according to their terms.
1200	1196		33 SECTION 2. IC 34-30-2.1-390.2 IS ADDED TO THE INDIANA
1201	1197		34 CODE AS A NEW SECTION TO READ AS FOLLOWS
1202	1198		35 [EFFECTIVE JULY 1, 2024]: Sec. 390.2. IC 25-44-10-10
1203	1199		36 (Concerning the members, officers, executive director, employees,
1204	1200		37 and representatives of the social work licensure compact
1205	1201		38 commission).
1206		-	SB 110—LS 6404/DI 148 29
1207		-	COMMITTEE REPORT
1208		-	Madam President: The Senate Committee on Health and Provider
1209		-	Services, to which was referred Senate Bill No. 110, has had the same
1210		-	under consideration and begs leave to report the same back to the
1211		-	Senate with the recommendation that said bill DO PASS and be
1212		-	reassigned to the Senate Committee on Appropriations.
1213		-	(Reference is to SB 110 as introduced.)
1214		-	CHARBONNEAU, Chairperson
1215		-	Committee Vote: Yeas 11, Nays 0
1216		-	SB 110—LS 6404/DI 148
	1202	+	2024 IN 110—LS 6404/DI 148