*SB0110.1*
January 12, 2024
SENATE BILL No. 110
_____
DIGEST OF SB 110 (Updated January 10, 2024 9:44 am - DI 140)
Citations Affected: IC 25-44; IC 34-30.
Synopsis: Social work licensure compact. Establishes the social work
licensure compact.
Effective: July 1, 2024.
Crider, Goode, Yoder, Brown L,
Becker, Bohacek, Busch, Donato,
Johnson T, Leising, Ford J.D.
January 8, 2024, read first time and referred to Committee on Health and Provider
Services.
January 11, 2024, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
SB 110—LS 6404/DI 148 January 12, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 110
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-44 IS ADDED TO THE INDIANA CODE AS
2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2024]:
4 ARTICLE 44. SOCIAL WORK LICENSURE COMPACT
5 Chapter 1. Purpose
6 Sec. 1. The purpose of this compact is to facilitate interstate
7 practice of regulated social workers by improving public access to
8 competent social work services. The compact preserves the
9 regulatory authority of states to protect public health and safety
10 through the current system of state licensure. This compact is
11 designed to achieve the following objectives:
12 (1) Increase public access to social work services.
13 (2) Reduce overly burdensome and duplicative requirements
14 associated with holding multiple licenses.
15 (3) Enhance the member states' ability to protect the public's
16 health and safety.
17 (4) Encourage the cooperation of member states in regulating
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1 multistate practice.
2 (5) Promote mobility and address workforce shortages by
3 eliminating the necessity for licenses in multiple states by
4 providing for the mutual recognition of other member state
5 licenses.
6 (6) Support military families.
7 (7) Facilitate the exchange of licensure and disciplinary
8 information among member states.
9 (8) Authorize all member states to hold a regulated social
10 worker accountable for abiding by a member state's laws,
11 regulations, and applicable professional standards in the
12 member state in which the client is located at the time care is
13 rendered.
14 (9) Allow for the use of telehealth to facilitate increased access
15 to regulated social work services.
16 Chapter 2. Definitions
17 Sec. 1. As used in this compact, and except as otherwise
18 provided, the following definitions apply:
19 (1) "Active military member" means any individual with
20 full-time duty status in the active armed forces of the United
21 States including members of the national guard and reserve.
22 (2) "Adverse action" means any administrative, civil,
23 equitable, or criminal action permitted by a state's laws which
24 is imposed by a licensing authority or other authority against
25 a regulated social worker, including:
26 (A) actions against an individual's license or multistate
27 authorization to practice such as revocation, suspension,
28 probation, or monitoring of the licensee;
29 (B) limitation on the licensee's practice; or
30 (C) any other encumbrance on licensure affecting a
31 regulated social worker's authorization to practice,
32 including issuance of a cease and desist action.
33 (3) "Alternative program" means a nondisciplinary
34 monitoring or practice remediation process approved by a
35 licensing authority to address practitioners with an
36 impairment.
37 (4) "Charter member states" means member states that have
38 enacted legislation to adopt this compact where the legislation
39 predates the effective date of this compact as described in
40 IC 25-44-14.
41 (5) "Compact commission" or "commission" means the
42 government agency whose membership consists of all states
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1 that have enacted this compact, which is known as the social
2 work licensure compact commission, as described in
3 IC 25-44-10, and which operates as an instrumentality of the
4 member states.
5 (6) "Current significant investigative information" means:
6 (A) investigative information that a licensing authority,
7 after a preliminary inquiry that includes notification and
8 an opportunity for the regulated social worker to respond
9 has reason to believe is not groundless and, if proved true,
10 would indicate more than a minor infraction as may be
11 defined by the commission; or
12 (B) investigative information that indicates that the
13 regulated social worker represents an immediate threat to
14 public health and safety, as may be defined by the
15 commission, regardless of whether the regulated social
16 worker has been notified and has had an opportunity to
17 respond.
18 (7) "Data system" means a repository of information about
19 licensees, including continuing education, examination,
20 licensure, current significant investigative information,
21 disqualifying event, multistate license(s), and adverse action
22 information or other information as required by the
23 commission.
24 (8) "Disqualifying event" means any adverse action or
25 incident which results in an encumbrance that disqualifies or
26 makes the licensee ineligible to either obtain, retain, or renew
27 a multistate license.
28 (9) "Domicile" means the jurisdiction in which the licensee
29 resides and intends to remain indefinitely.
30 (10) "Encumbrance" means a revocation or suspension of, or
31 any limitation on, the full and unrestricted practice of social
32 work licensed and regulated by a licensing authority.
33 (11) "Executive committee" means a group of delegates
34 elected or appointed to act on behalf of, and within the powers
35 granted to them by, the compact and commission.
36 (12) "Home state" means the member state that is the
37 licensee's primary domicile.
38 (13) "Impairment" means a condition(s) that may impair a
39 practitioner's ability to engage in full and unrestricted
40 practice as a regulated social worker without some type of
41 intervention and may include alcohol and drug dependence,
42 mental health impairment, and neurological or physical
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1 impairments.
2 (14) "Licensee(s)" means an individual who currently holds
3 a license from a state to practice as a regulated social worker.
4 (15) "Licensing authority" means the board or agency of a
5 member state, or equivalent, that is responsible for the
6 licensing and regulation of regulated social workers.
7 (16) "Member state" means a state, commonwealth, district,
8 or territory of the United States of America that has enacted
9 this compact.
10 (17) "Multistate authorization to practice" means a legally
11 authorized privilege to practice, which is equivalent to a
12 license, associated with a multistate license permitting the
13 practice of social work in a remote state.
14 (18) "Multistate license" means a license to practice as a
15 regulated social worker issued by a home state licensing
16 authority that authorizes the regulated social worker to
17 practice in all member states under multistate authorization
18 to practice.
19 (19) "Qualifying national exam" means a national licensing
20 examination approved by the commission.
21 (20) "Regulated social worker" means any clinical, master's,
22 or bachelor's social worker licensed by a member state
23 regardless of the title used by that member state.
24 (21) "Remote state" means a member state other than the
25 licensee's home state.
26 (22) "Rule(s)" or "rule(s) of the commission" means a
27 regulation or regulations duly promulgated by the
28 commission, as authorized by the compact, that has the force
29 of law.
30 (23) "Single state license" means a social work license issued
31 by any state that authorizes practice only within the issuing
32 state and does not include multistate authorization to practice
33 in any member state.
34 (24) "Social work" or "social work services" means the
35 application of social work theory, knowledge, methods, ethics,
36 and the professional use of self to restore or enhance social,
37 psychosocial, or biopsychosocial functioning of individuals,
38 couples, families, groups, organizations, and communities
39 through the care and services provided by a regulated social
40 worker as set forth in the member state's statutes and
41 regulations in the state where the services are being provided.
42 (25) "State" means any state, commonwealth, district, or
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1 territory of the United States of America that regulates the
2 practice of social work.
3 (26) "Unencumbered license" means a license that authorizes
4 a regulated social worker to engage in the full and
5 unrestricted practice of social work.
6 Chapter 3. State Participation in the Compact
7 Sec. 1. To be eligible to participate in the compact, a potential
8 member state must currently meet all of the following criteria:
9 (1) License and regulate the practice of social work at either
10 the clinical, master's, or bachelor's category.
11 (2) Require applicants for licensure to graduate from a
12 program that:
13 (A) is operated by a college or university recognized by the
14 licensing authority;
15 (B) is accredited, or in candidacy by an institution that
16 subsequently becomes accredited, by an accrediting agency
17 recognized by either:
18 (i) the Council for Higher Education Accreditation, or its
19 successor; or
20 (ii) the United States Department of Education; and
21 (C) corresponds to the licensure sought as outlined in
22 IC 25-44-4.
23 (3) Require applicants for clinical licensure to complete a
24 period of supervised practice.
25 (4) Have a mechanism in place for receiving, investigating,
26 and adjudicating complaints about licensees.
27 Sec. 2. To maintain membership in the compact, a member state
28 shall do the following:
29 (1) Require that applicants for a multistate license pass a
30 qualifying national exam for the corresponding category of
31 multistate license sought as outlined in IC 25-44-4.
32 (2) Participate fully in the commission's data system,
33 including using the commission's unique identifier as defined
34 in the rules.
35 (3) Notify the commission, in compliance with the terms of the
36 compact and rules, of any adverse action or the availability of
37 current significant investigative information regarding a
38 licensee.
39 (4) Implement procedures for considering the criminal history
40 records of applicants for a multistate license. The procedures
41 shall include the submission of fingerprints or other biometric
42 based information by applicants for the purpose of obtaining
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1 an applicant's criminal history record information from the
2 Federal Bureau of Investigation and the agency responsible
3 for retaining that state's criminal records.
4 (5) Comply with the rules of the commission.
5 (6) Require an applicant to obtain or retain a license in the
6 home state and meet the home state's qualifications for
7 licensure or renewal of licensure, as well as all other
8 applicable home state laws.
9 (7) Authorize a licensee holding a multistate license in any
10 member state to practice in accordance with the terms of the
11 compact and rules of the commission.
12 (8) Designate a delegate to participate in the commission
13 meetings.
14 Sec. 3. A member state meeting the requirements of sections 1
15 and 2 of this chapter shall designate the categories of social work
16 licensure that are eligible for issuance of a multistate license for
17 applicants in the member state. To the extent that any member
18 state does not meet the requirements for participation in the
19 compact at any particular category of social work licensure, the
20 member state may choose, but is not obligated, to issue a multistate
21 license to applicants that otherwise meet the requirements of
22 IC 25-44-4 for issuance of a multistate license in the category or
23 categories of licensure.
24 Sec. 4. The home state may charge a fee for granting the
25 multistate license.
26 Chapter 4. Social Worker Participation in the Compact
27 Sec. 1. To be eligible for a multistate license under the terms and
28 provisions of the compact, an applicant, regardless of category,
29 must:
30 (1) hold or be eligible for an active, unencumbered license in
31 the home state;
32 (2) pay any applicable fees, including any state fee, for the
33 multistate license;
34 (3) submit, in connection with an application for a multistate
35 license, fingerprints or other biometric data for the purpose
36 of obtaining criminal history record information from the
37 Federal Bureau of Investigation and the agency responsible
38 for retaining that state's criminal records;
39 (4) notify the home state of any adverse action, encumbrance,
40 or restriction on any professional license taken by any
41 member state or nonmember state within thirty (30) days
42 from the date the action is taken;
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1 (5) meet any continuing competence requirements established
2 by the home state; and
3 (6) abide by the laws, regulations, and applicable standards in
4 the member state where the client is located at the time care
5 is rendered.
6 Sec. 2. An applicant for a clinical category multistate license
7 must meet all of the following requirements:
8 (1) Fulfill a competency requirement, which shall be satisfied
9 by:
10 (A) passage of a clinical category qualifying national exam;
11 (B) licensure of the applicant in their home state at the
12 clinical category, beginning before the time a qualifying
13 national exam was required by the home state and
14 accompanied by a period of continuous social work
15 licensure thereafter, all of which may be further governed
16 by the rules of the commission; or
17 (C) substantial equivalency of the foregoing competency
18 requirements which the commission may determine by
19 rule.
20 (2) Attain at least a master's degree in social work from a
21 program that is:
22 (A) operated by a college or university recognized by the
23 licensing authority; and
24 (B) accredited, or in candidacy that subsequently becomes
25 accredited, by an accrediting agency recognized by either:
26 (i) the Council for Higher Education Accreditation or its
27 successor; or
28 (ii) the United States Department of Education.
29 (3) Fulfill a practice requirement, which shall be satisfied by
30 demonstrating completion of:
31 (A) a period of postgraduate supervised clinical practice
32 equal to a minimum of three thousand (3,000) hours;
33 (B) a minimum of two (2) years of full-time postgraduate
34 supervised clinical practice; or
35 (C) the substantial equivalency of the foregoing practice
36 requirements which the commission may determine by
37 rule.
38 Sec. 3. An applicant for a master's category multistate license
39 must meet all of the following requirements:
40 (1) Fulfill a competency requirement, which shall be satisfied
41 by:
42 (A) passage of a master's category qualifying national
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1 exam;
2 (B) licensure of the applicant in their home state at the
3 master's category, beginning before the time as a
4 qualifying national exam was required by the home state
5 at the master's category and accompanied by a period of
6 continuous social work licensure thereafter, all of which
7 may be further governed by the rules of the commission;
8 or
9 (C) substantial equivalency of the foregoing competency
10 requirements which the commission may determine by
11 rule.
12 (2) Attain at least a master's degree in social work from a
13 program that is:
14 (A) operated by a college or university recognized by the
15 licensing authority; and
16 (B) accredited, or in candidacy that subsequently becomes
17 accredited, by an accrediting agency recognized by either:
18 (i) the Council for Higher Education Accreditation or its
19 successor; or
20 (ii) the United States Department of Education.
21 Sec. 4. An applicant for a bachelor's category multistate license
22 must meet all of the following requirements:
23 (1) Fulfill a competency requirement, which shall be satisfied
24 by:
25 (A) passage of a bachelor's category qualifying national
26 exam;
27 (B) licensure of the applicant in their home state at the
28 bachelor's category, beginning before the time as a
29 qualifying national exam was required by the home state
30 and accompanied by a period of continuous social work
31 licensure thereafter, all of which may be further governed
32 by the rules of the commission; or
33 (C) substantial equivalency of the foregoing competency
34 requirements which the commission may determine by
35 rule.
36 (2) Attain at least a bachelor's degree in social work from a
37 program that is:
38 (A) operated by a college or university recognized by the
39 licensing authority; and
40 (B) accredited, or in candidacy that subsequently becomes
41 accredited, by an accrediting agency recognized by either:
42 (i) the Council for Higher Education Accreditation or its
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1 successor; or
2 (ii) the United States Department of Education.
3 Sec. 5. The multistate license for a regulated social worker is
4 subject to the renewal requirements of the home state. The
5 regulated social worker must maintain compliance with the
6 requirements of this chapter to be eligible to renew a multistate
7 license.
8 Sec. 6. The regulated social worker's services in a remote state
9 are subject to that member state's regulatory authority. A remote
10 state may, in accordance with due process and that member state's
11 laws, remove a regulated social worker's multistate authorization
12 to practice in the remote state for a specific period of time, impose
13 fines, and take any other necessary actions to protect the health
14 and safety of its citizens.
15 Sec. 7. If a multistate license is encumbered, the regulated social
16 worker's multistate authorization to practice shall be deactivated
17 in all remote states until the multistate license is no longer
18 encumbered.
19 Sec. 8. If a multistate authorization to practice is encumbered in
20 a remote state, the regulated social worker's multistate
21 authorization to practice may be deactivated in that state until the
22 multistate authorization to practice is no longer encumbered.
23 Chapter 5. Issuance of a Multistate License
24 Sec. 1. Upon receipt of an application for a multistate license,
25 the home state licensing authority shall determine the applicant's
26 eligibility for a multistate license under IC 25-44-4.
27 Sec. 2. If the applicant is eligible under IC 25-44-4, the home
28 state licensing authority shall issue a multistate license that
29 authorizes the applicant or regulated social worker to practice in
30 all member states under a multistate authorization to practice.
31 Sec. 3. Upon issuance of a multistate license, the home state
32 licensing authority shall designate whether the regulated social
33 worker holds a multistate license in the bachelor's, master's, or
34 clinical category of social work.
35 Sec. 4. A multistate license issued by a home state to a resident
36 in that state shall be recognized by all compact member states as
37 authorizing social work practice under a multistate authorization
38 to practice corresponding to each category of licensure regulated
39 in each member state.
40 Chapter 6. Authority of Interstate Compact Commission and
41 Member State Licensing Authorities
42 Sec. 1. Nothing in this compact, nor any rule of the commission,
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1 limits, restricts, or in any way reduces the ability of a:
2 (1) member state to:
3 (A) enact and enforce laws, regulations, or other rules
4 related to the practice of social work in that state, where
5 those laws, regulations, or other rules are not inconsistent
6 with the provisions of this compact; or
7 (B) take adverse action against a licensee's single state
8 license to practice social work in that state;
9 (2) remote state to take adverse action against a licensee's
10 multistate authorization to practice in that state; or
11 (3) licensee's home state to take adverse action against a
12 licensee's multistate license based upon information provided
13 by a remote state.
14 Sec. 2. This compact does not affect the requirements
15 established by a member state for the issuance of a single state
16 license.
17 Chapter 7. Reissuance of a Multistate License by a New Home
18 State
19 Sec. 1. A licensee can hold a multistate license, issued by their
20 home state, in only one (1) member state at any given time.
21 Sec. 2. If a licensee changes their home state by moving between
22 two (2) member states the following apply:
23 (1) The licensee shall immediately apply for the reissuance of
24 their multistate license in their new home state. The licensee
25 shall pay all applicable fees and notify the prior home state in
26 accordance with the rules of the commission.
27 (2) Upon receipt of an application to reissue a multistate
28 license, the new home state shall verify that the multistate
29 license is active, unencumbered, and eligible for reissuance
30 under the terms of the compact and the rules of the
31 commission. The multistate license issued by the prior home
32 state will be deactivated and all member states notified in
33 accordance with the applicable rules adopted by the
34 commission.
35 (3) Before the reissuance of the multistate license, the new
36 home state shall conduct procedures for considering the
37 criminal history records of the licensee. The procedures shall
38 include the submission of fingerprints or other biometric
39 based information by applicants for the purpose of obtaining
40 an applicant's criminal history record information from the
41 Federal Bureau of Investigation and the agency responsible
42 for retaining that state's criminal records.
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1 (4) If required for initial licensure, the new home state may
2 require completion of jurisprudence requirements in the new
3 home state.
4 (5) Notwithstanding any other provision of this compact, if a
5 licensee does not meet the requirements set forth in this
6 compact for the reissuance of a multistate license by the new
7 home state, then the licensee is subject to the new home state
8 requirements for the issuance of a single state license in that
9 state.
10 Sec. 3. If a licensee changes their primary state of residence by
11 moving from a member state to a nonmember state, or from a
12 nonmember state to a member state, then the licensee is subject to
13 the state requirements for the issuance of a single state license in
14 the new home state.
15 Sec. 4. Nothing in this compact interferes with a licensee's
16 ability to hold a single state license in multiple states. However, for
17 the purposes of this compact, a licensee shall have only one (1)
18 home state and only one (1) multistate license.
19 Sec. 5. Nothing in this compact interferes with the requirements
20 established by a member state for the issuance of a single state
21 license.
22 Chapter 8. Military Families
23 Sec. 1. An active military member or their spouse shall
24 designate a home state where the individual has a multistate
25 license. The individual may retain their home state designation
26 during the period the service member is on active duty.
27 Chapter 9. Adverse Actions
28 Sec. 1. (a) In addition to the other powers conferred by state
29 law, a remote state has the authority, according to existing state
30 due process law, to:
31 (1) take adverse action against a regulated social worker's
32 multistate authorization to practice only within that remote
33 state; and
34 (2) issue subpoenas for both hearings and investigations that
35 require the attendance and testimony of witnesses as well as
36 the production of evidence.
37 (b) The member state that receives a subpoena issued by a
38 licensing authority in another member state shall enforce the
39 subpoena in a court of competent jurisdiction according to the
40 court's subpoena practice and procedure.
41 (c) The issuing licensing authority shall pay any witness fees,
42 travel expenses, mileage, and other fees required by the service
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1 statutes of the state in which the witnesses or evidence are located.
2 Sec. 2. (a) Only the home state has the power to take adverse
3 action against a regulated social worker's multistate license.
4 (b) For purposes of taking adverse action, the home state shall
5 do the following:
6 (1) Give the same priority and effect to reported conduct
7 received from a member state as it would if the conduct had
8 occurred within the home state.
9 (2) Apply its own state laws to determine appropriate action.
10 (c) If a regulated social worker changes their home state during
11 the course of an investigation:
12 (1) the home state shall:
13 (A) complete any pending investigations of a regulated
14 social worker who changes their home state during the
15 course of the investigations;
16 (B) have the authority to take appropriate action(s); and
17 (C) promptly report the conclusions of the investigations
18 to the administrator of the data system; and
19 (2) the administrator of the data system shall promptly notify
20 the new home state of any adverse actions.
21 Sec. 3. A member state, if otherwise permitted by state law, may
22 recover from the affected regulated social worker the costs of
23 investigations and dispositions of cases resulting from any adverse
24 action taken against that regulated social worker.
25 Sec. 4. A member state may take adverse action based on the
26 factual findings of another member state if the member state
27 follows its own procedures for taking the adverse action.
28 Sec. 5. (a) In addition to the authority granted to a member state
29 by its respective social work practice act or other applicable state
30 law, any member state may participate with other member states
31 in joint investigations of licensees.
32 (b) Member states shall share any investigative, litigation, or
33 compliance materials in furtherance of any joint or individual
34 investigation initiated under the compact.
35 Sec. 6. If adverse action is taken by the home state against the
36 multistate license of a regulated social worker, the regulated social
37 worker's multistate authorization to practice in all other member
38 states shall be deactivated until all encumbrances have been
39 removed from the multistate license. All home state disciplinary
40 orders that impose adverse action against the license of a regulated
41 social worker shall include a statement that the regulated social
42 worker's multistate authorization to practice is deactivated in all
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1 member states until all conditions of the decision, order, or
2 agreement are satisfied.
3 Sec. 7. (a) If a member state takes adverse action, it shall
4 promptly notify the administrator of the data system.
5 (b) The administrator of the data system shall promptly notify
6 the home state and all other member states of any adverse actions
7 by a remote state.
8 Sec. 8. Nothing in this compact overrides a member state's
9 decision that participation in an alternative program may be used
10 in lieu of adverse action.
11 Sec. 9. Nothing in this compact authorizes a member state to
12 demand the issuance of subpoenas for attendance and testimony of
13 witnesses or the production of evidence from another member state
14 for lawful actions within that member state.
15 Sec. 10. Nothing in this compact authorizes a member state to
16 impose discipline against a regulated social worker who holds a
17 multistate authorization to practice for lawful actions within
18 another member state.
19 Chapter 10. Establishment of Social Work Licensure Compact
20 Commission
21 Sec. 1. (a) The compact member states create and establish a
22 joint government agency whose membership consists of all member
23 states that have enacted the compact known as the social work
24 licensure compact commission.
25 (b) The commission is an instrumentality of the compact states
26 acting jointly and not an instrumentality of any one (1) state.
27 (c) The commission shall come into existence on or after the
28 effective date of the compact as set forth in IC 25-44-14.
29 Sec. 2. (a) Each member state shall have and be limited to one
30 (1) delegate selected by that member state's licensing authority.
31 (b) The delegate shall be either:
32 (1) a current member of the licensing authority at the time of
33 appointment, who is a regulated social worker or public
34 member of the state licensing authority; or
35 (2) an administrator of the licensing authority or their
36 designee.
37 (c) The commission, by a rule or bylaw:
38 (1) shall establish a term of office for delegates; and
39 (2) may establish term limits.
40 (d) The commission may recommend removal or suspension of
41 any delegate from office.
42 (e) A member state's licensing authority shall fill any vacancy
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1 of its delegate occurring on the commission within sixty (60) days
2 of the vacancy.
3 (f) Each delegate is entitled to one (1) vote on all matters before
4 the commission requiring a vote by commission delegates.
5 (g) A delegate shall vote in person or by other means provided
6 in the bylaws.
7 (h) The bylaws may provide for delegates to meet by
8 telecommunication, video conference, or other means of
9 communication.
10 (i) The commission shall meet at least once during each calendar
11 year. Additional meetings may be held as set forth in the bylaws.
12 The commission may meet by telecommunication, video
13 conference, or other similar electronic means.
14 Sec. 3. The commission has the following powers:
15 (1) Establish the fiscal year of the commission.
16 (2) Establish code of conduct and conflict of interest policies.
17 (3) Establish and amend rules and bylaws.
18 (4) Maintain its financial records in accordance with the
19 bylaws.
20 (5) Meet and take action consistent with the provisions of this
21 compact, the commission's rules, and the bylaws.
22 (6) Initiate and conclude legal proceedings or actions in the
23 name of the commission if the standing of any licensing
24 authority to sue or be sued under applicable law is not
25 affected.
26 (7) Maintain and certify records and information provided to
27 a member state as the authenticated business records of the
28 commission, and designate an agent to do so on the
29 commission's behalf.
30 (8) Purchase and maintain insurance and bonds.
31 (9) Borrow, accept, or contract for services of personnel,
32 including, but not limited to, employees of a member state.
33 (10) Conduct an annual financial review.
34 (11) Hire employees, elect or appoint officers, fix
35 compensation, define duties, grant individuals appropriate
36 authority to carry out the purposes of the compact, and
37 establish the commission's personnel policies and programs
38 relating to conflicts of interest, qualifications of personnel,
39 and other related personnel matters.
40 (12) Assess and collect fees.
41 (13) Accept appropriate gifts, donations, grants of money,
42 other sources of revenue, equipment, supplies, materials, and
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1 services, and receive, utilize, and dispose of the same.
2 However, at all times the commission shall avoid any
3 appearance of impropriety or conflict of interest.
4 (14) Lease, purchase, retain, own, hold, improve, or use any
5 property, real, personal, or mixed, or any undivided interest
6 therein.
7 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon,
8 or otherwise dispose of any property real, personal, or mixed.
9 (16) Establish a budget and make expenditures.
10 (17) Borrow money.
11 (18) Appoint committees, including standing committees,
12 composed of members, state regulators, state legislators or
13 their representatives, consumer representatives, and other
14 interested persons designated in this compact and the bylaws.
15 (19) Provide and receive information from, and cooperate
16 with, law enforcement agencies.
17 (20) Establish and elect an executive committee, including a
18 chair and a vice chair.
19 (21) Determine whether a state's adopted language is
20 materially different from the model compact language such
21 that the state would not qualify for participation in the
22 compact.
23 (22) Perform other functions as necessary or appropriate to
24 achieve the purposes of this compact.
25 Sec. 4. (a) The executive committee has the power to act on
26 behalf of the commission according to the terms of this compact.
27 (b) The powers, duties, and responsibilities of the executive
28 committee include:
29 (1) overseeing the day to day activities of the administration
30 of the compact, including enforcement and compliance with
31 the provisions of the compact, its rules and bylaws, and other
32 duties as deemed necessary;
33 (2) recommending to the commission changes to the:
34 (A) rules or bylaws;
35 (B) compact legislation;
36 (C) fees charged to compact member states;
37 (D) fees charged to licensees; and
38 (E) other fees;
39 (3) ensuring compact administration services are
40 appropriately provided, including by contract;
41 (4) preparing and recommending the budget;
42 (5) maintaining financial records on behalf of the commission;
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1 (6) monitoring compact compliance of member states and
2 providing compliance reports to the commission;
3 (7) establishing additional committees as necessary;
4 (8) exercising the powers and duties of the commission during
5 the interim between commission meetings, except for:
6 (A) adopting or amending rules;
7 (B) adopting or amending bylaws; and
8 (C) exercising any other powers and duties expressly
9 reserved to the commission by rule or bylaw; and
10 (9) performing other duties as provided in the rules or bylaws
11 of the commission.
12 Sec. 5. (a) The executive committee is composed of up to eleven
13 (11) members, including:
14 (1) the chair and vice chair of the commission, who are voting
15 members of the executive committee;
16 (2) five (5) voting members from the current membership of
17 the commission who are elected by the commission; and
18 (3) up to four (4) ex officio, nonvoting members from four (4)
19 recognized national social work organizations. The ex officio
20 members will be selected by their respective organizations.
21 (b) The commission may remove any member of the executive
22 committee as provided in the commission's bylaws.
23 Sec. 6. (a) The executive committee shall meet at least once
24 annually.
25 (b) Executive committee meetings shall be open to the public,
26 except that the executive committee may meet in a closed,
27 nonpublic meeting as provided in section 8(d) of this chapter.
28 (c) The executive committee shall give seven (7) days notice of
29 its meetings, posted on its website and as determined to provide
30 notice to persons with an interest in the business of the commission.
31 (d) The executive committee may hold a special meeting in
32 accordance with section 8(c) of this chapter.
33 Sec. 7. The commission shall adopt and provide to the member
34 states an annual report.
35 Sec. 8. (a) Except as provided in subsection (d), all meetings are
36 open to the public.
37 (b) Except as provided in subsection (c), public notice for all
38 meetings of the full commission shall be given in the same manner
39 as required under IC 25-44-12.
40 (c) The commission may hold a special meeting when it must
41 meet to conduct emergency business by giving forty-eight (48)
42 hours notice to all commissioners, on the commission's website, and
SB 110—LS 6404/DI 148 17
1 other means as provided in the commission's rules. The
2 commission's legal counsel shall certify that the commission's need
3 to meet qualifies as an emergency.
4 (d) The commission or the executive committee or other
5 committees of the commission may convene in a closed, nonpublic
6 meeting for the commission or executive committee or other
7 committees of the commission to receive legal advice or to discuss:
8 (1) noncompliance of a member state with its obligations
9 under the compact;
10 (2) the employment, compensation, discipline or other
11 matters, practices, or procedures related to specific
12 employees;
13 (3) current or threatened discipline of a licensee by the
14 commission or by a member state's licensing authority;
15 (4) current, threatened, or reasonably anticipated litigation;
16 (5) negotiation of contracts for the purchase, lease, or sale of
17 goods, services, or real estate;
18 (6) accusing any person of a crime or formally censuring any
19 person;
20 (7) trade secrets or commercial or financial information that
21 is privileged or confidential;
22 (8) information of a personal nature where disclosure would
23 constitute a clearly unwarranted invasion of personal privacy;
24 (9) investigative records compiled for law enforcement
25 purposes;
26 (10) information related to any investigative reports prepared
27 by or on behalf of or for use of the commission or other
28 committee charged with responsibility of investigation or
29 determination of compliance issues under the compact;
30 (11) matters specifically exempted from disclosure by federal
31 or member state law; or
32 (12) other matters as promulgated by the commission by rule.
33 (e) If a meeting, or portion of a meeting, is closed:
34 (1) the presiding officer shall:
35 (A) state that the meeting will be closed; and
36 (B) reference each relevant exempting provision; and
37 (2) the reference shall be recorded in the minutes.
38 (f) The commission shall:
39 (1) keep minutes that fully and clearly describe all matters
40 discussed in a meeting; and
41 (2) provide a full and accurate summary of actions taken and
42 the reasons therefore, including a description of the views
SB 110—LS 6404/DI 148 18
1 expressed.
2 (g) All documents considered in connection with an action shall
3 be identified in the minutes. However, all minutes and documents
4 of a closed meeting shall remain under seal, subject to release only
5 by a majority vote of the commission or order of a court of
6 competent jurisdiction.
7 Sec. 9. (a) The commission shall pay, or provide for the payment
8 of, the reasonable expenses of its establishment, organization, and
9 ongoing activities.
10 (b) The commission may accept all appropriate revenue sources
11 as provided in section 3(13) of this chapter.
12 (c) The commission may:
13 (1) levy on and collect an annual assessment from each
14 member state; and
15 (2) impose fees on licensees of member states to whom it
16 grants a multistate license;
17 to cover the cost of the operations and activities of the commission
18 and its staff, which must be in a total amount sufficient to cover its
19 annual budget as approved each year for which revenue is not
20 provided by other sources. The aggregate annual assessment
21 amount for member states shall be allocated based on a formula
22 that the commission promulgates by rule.
23 (d) The commission shall not:
24 (1) incur obligations of any kind before securing the funds
25 adequate to meet the same; or
26 (2) pledge the credit of any of the member states, except by
27 and with the authority of the member state.
28 (e) The commission shall keep accurate accounts of all receipts
29 and disbursements. The receipts and disbursements of the
30 commission are subject to the financial review and accounting
31 procedures established under its bylaws. However, all receipts and
32 disbursements of funds handled by the commission are subject to
33 an annual financial review by a certified or licensed public
34 accountant, and the report of the financial review shall be included
35 in and become part of the annual report of the commission.
36 Sec. 10. (a) Except as provided in subsection (b), the members,
37 officers, executive director, employees, and representatives of the
38 commission are immune from suit and liability, both personally
39 and in their official capacity, for a claim for damage to or loss of
40 property, personal injury, or other civil liability caused by or
41 arising out of:
42 (1) an actual or alleged act, error, or omission that occurred;
SB 110—LS 6404/DI 148 19
1 or
2 (2) as determined by the commission, that the person against
3 whom the claim is made had a reasonable basis for believing
4 occurred within the scope of commission employment, duties,
5 or responsibilities.
6 (b) An individual is not immune under subsection (a) for the
7 individual's:
8 (1) intentional misconduct; or
9 (2) willful or wanton misconduct.
10 (c) The commission's procurement of insurance of any type shall
11 not in any way compromise or limit the immunity granted in this
12 section.
13 (d) Except as provided in subsection (e), the commission shall
14 defend any member, officer, executive director, employee, and
15 representative of the commission in any civil action seeking to
16 impose liability arising out of any actual or alleged act, error, or
17 omission:
18 (1) that occurred within the scope of commission employment,
19 duties, or responsibilities; or
20 (2) as determined by the commission, that the person against
21 whom the claim is made had a reasonable basis for believing
22 occurred within the scope of commission employment, duties,
23 or responsibilities.
24 However, this subsection does not prohibit that person from
25 retaining their own counsel at their own expense.
26 (e) The commission is not required to defend an individual
27 described in subsection (d) if the individual's actual or alleged act,
28 error, or omission was:
29 (1) intentional misconduct; or
30 (2) willful or wanton misconduct.
31 (f) Subject to subsection (g), the commission shall indemnify and
32 hold harmless any member, officer, executive director, employee,
33 and representative of the commission for the amount of any
34 settlement or judgment obtained against that person arising out of
35 any actual or alleged act, error, or omission:
36 (1) that occurred within the scope of commission employment,
37 duties, or responsibilities; or
38 (2) that the person had a reasonable basis for believing
39 occurred within the scope of commission employment, duties,
40 or responsibilities.
41 (g) The commission is not required to indemnify and hold
42 harmless a person described in subsection (f) if the actual or
SB 110—LS 6404/DI 148 20
1 alleged act, error, or omission was:
2 (1) intentional misconduct; or
3 (2) willful or wanton misconduct.
4 (h) This compact does not limit the liability of any licensee for
5 professional malpractice or misconduct, which is governed solely
6 by any other applicable state laws.
7 (i) This compact does not waive or otherwise abrogate a
8 member state's state action immunity or state action affirmative
9 defense with respect to antitrust claims under the Sherman Act,
10 Clayton Act, or any other state or federal antitrust or
11 anticompetitive law or regulation.
12 (j) This compact is not a waiver of sovereign immunity by the
13 member states or by the commission.
14 Chapter 11. Data System
15 Sec. 1. The commission shall provide for the development,
16 maintenance, operation, and utilization of a coordinated data
17 system.
18 Sec. 2. (a) The commission shall assign each applicant for a
19 multistate license a unique identifier, as determined by the rules of
20 the commission.
21 (b) Notwithstanding any other provision of state law to the
22 contrary, a member state shall submit a uniform data set to the
23 data system on all individuals to whom this compact is applicable
24 as required by the rules of the commission, including:
25 (1) identifying information;
26 (2) licensure data;
27 (3) adverse actions against a license and information related
28 thereto;
29 (4) nonconfidential information related to alternative
30 program participation, the beginning and ending dates of the
31 participation, and other information related to the
32 participation not made confidential under member state law;
33 (5) any denial of application for licensure and the reason(s)
34 for the denial;
35 (6) the presence of current significant investigative
36 information; and
37 (7) other information that may facilitate the administration of
38 this compact or the protection of the public, as determined by
39 the rules of the commission.
40 Sec. 3. The records and information provided to a member state
41 under this compact or through the data system, when certified by
42 the commission or an agent thereof, constitute the authenticated
SB 110—LS 6404/DI 148 21
1 business records of the commission, and are entitled to any
2 associated hearsay exception in any relevant judicial,
3 quasi-judicial, or administrative proceedings in a member state.
4 Sec. 4. (a) current significant investigative information
5 pertaining to a licensee in any member state will only be available
6 to other member states.
7 (b) It is the responsibility of the member states to:
8 (1) report any adverse action against a licensee; and
9 (2) monitor the data base to determine whether adverse action
10 has been taken against a licensee.
11 Adverse action information pertaining to a licensee in any member
12 state will be available to any other member state.
13 Sec. 5. (a) Member states contributing information to the data
14 system may designate information that may not be shared with the
15 public without the express permission of the contributing state.
16 (b) The commission shall remove from the data system any
17 information submitted that is subsequently expunged under federal
18 law or the laws of the member state contributing the information.
19 Chapter 12. Rulemaking
20 Sec. 1. (a) The commission shall promulgate reasonable rules to
21 effectively and efficiently implement and administer the purposes
22 and provisions of the compact. A rule is invalid and has no force or
23 effect only if a court of competent jurisdiction holds that the rule
24 is invalid because the commission exercised its rulemaking
25 authority in a manner that is:
26 (1) beyond the scope and purposes of the compact;
27 (2) beyond the powers granted by the compact; or
28 (3) based on another applicable standard of review.
29 (b) The rules of the commission have the force of law in each
30 member state. However, where the rules of the commission conflict
31 with the laws of the member state that establish the member state's
32 laws, regulations, and applicable standards that govern the
33 practice of social work, as held by a court of competent
34 jurisdiction, the rules of the commission are ineffective in that state
35 to the extent of the conflict.
36 (c) The commission shall exercise its rulemaking powers
37 according to the criteria set forth in this chapter and the rules
38 adopted thereunder. Rules are binding on:
39 (1) the day following adoption; or
40 (2) the date specified in the rule or amendment;
41 whichever is later.
42 (d) If a majority of the legislatures of the member states rejects
SB 110—LS 6404/DI 148 22
1 a rule or portion of a rule, by enactment of a statute or resolution
2 in the same manner used to adopt the compact within four (4)
3 years of the date of adoption of the rule, then the rule has no
4 further force and effect in any member state.
5 (e) Rules are adopted at a regular or special meeting of the
6 commission.
7 Sec. 2. (a) Before adoption of a proposed rule, the commission
8 shall:
9 (1) hold a public hearing and allow persons to provide oral
10 and written comments, data, facts, opinions, and arguments;
11 and
12 (2) provide, at least thirty (30) days in advance of the meeting
13 at which the commission will hold a public hearing on the
14 proposed rule, a notice of proposed rulemaking:
15 (A) on the website of the commission or other publicly
16 accessible platform;
17 (B) to persons who have requested notice of the
18 commission's notices of proposed rulemaking; and
19 (C) in other way(s) as the commission may by rule specify.
20 (b) The commission shall include in the notice of proposed
21 rulemaking the following:
22 (1) The time, date, and location of the public hearing at which
23 the commission will hear public comments on the proposed
24 rule and, if different, the time, date, and location of the
25 meeting where the commission will consider and vote on the
26 proposed rule.
27 (2) If the hearing is held via telecommunication, video
28 conference, or other electronic means, include the mechanism
29 for access to the hearing in the notice of proposed rulemaking.
30 (3) The text of the proposed rule and the reason therefor.
31 (4) A request for comments on the proposed rule from any
32 interested person.
33 (5) The manner in which interested persons may submit
34 written comments.
35 (c) All hearings are recorded. A copy of the recording and all
36 written comments and documents received by the commission in
37 response to the proposed rule are available to the public.
38 (d) This section does not require a separate hearing on each
39 rule. Rules may be grouped for the convenience of the commission
40 at hearings required by this section.
41 (e) The commission shall, by majority vote of all members, take
42 final action on the proposed rule based on the rulemaking record
SB 110—LS 6404/DI 148 23
1 and the full text of the rule.
2 (f) The commission:
3 (1) may adopt changes to the proposed rule if the changes do
4 not enlarge the original purpose of the proposed rule; and
5 (2) shall:
6 (A) provide an explanation of the reasons for:
7 (i) substantive changes made to the proposed rule; and
8 (ii) substantive changes not made that were
9 recommended by commenters; and
10 (B) determine a reasonable effective date for the rule.
11 Except for an emergency as provided in section 3 of this
12 chapter, the effective date of the rule must be no sooner
13 than thirty (30) days after issuing the notice that it adopted
14 or amended the rule.
15 Sec. 3. Upon determination that an emergency exists, the
16 commission may consider and adopt an emergency rule with
17 forty-eight (48) hours notice, with opportunity to comment, if the
18 usual rulemaking procedures provided in the compact and in this
19 chapter are retroactively applied to the rule as soon as reasonably
20 possible, in no event later than ninety (90) days after the effective
21 date of the rule. For the purposes of this section, an emergency rule
22 is a rule that must be adopted immediately to:
23 (1) meet an imminent threat to public health, safety, or
24 welfare;
25 (2) prevent a loss of commission or member state funds;
26 (3) meet a deadline for the promulgation of a rule that is
27 established by federal law or rule; or
28 (4) protect public health and safety.
29 Sec. 4. (a) The commission or an authorized committee of the
30 commission may direct revisions to a previously adopted rule for
31 purposes of correcting typographical errors, errors in format,
32 errors in consistency, or grammatical errors.
33 (b) Public notice of any revisions must be posted on the
34 commission's website.
35 (c) A revision under this section is subject to challenge by any
36 person for a period of thirty (30) days after posting.
37 (d) The revision may be challenged only on grounds that the
38 revision results in a material change to a rule.
39 (e) A challenge must be:
40 (1) made in writing; and
41 (2) delivered to the commission before the end of the notice
42 period.
SB 110—LS 6404/DI 148 24
1 (f) If no challenge is made, the revision will take effect without
2 further action.
3 (g) If the revision is challenged, the revision may not take effect
4 without the approval of the commission.
5 Sec. 5. No member state's rulemaking requirements apply under
6 this compact.
7 Chapter 13. Oversight, Dispute Resolution, and Enforcement
8 Sec. 1. The executive and judicial branches of state government
9 in each member state shall enforce this compact and take all
10 actions necessary and appropriate to implement the compact.
11 Sec. 2. (a) Except as otherwise provided in this compact, venue
12 is proper and judicial proceedings by or against the commission
13 must be brought solely and exclusively in a court of competent
14 jurisdiction where the principal office of the commission is located.
15 (b) The commission may waive venue and jurisdictional
16 defenses to the extent it adopts or consents to participate in
17 alternative dispute resolution proceedings.
18 (c) This section does not affect or limit the selection or propriety
19 of venue in any action against a licensee for professional
20 malpractice, misconduct, or any other similar matter.
21 Sec. 3. (a) The commission:
22 (1) is entitled to receive service of process in any proceeding
23 regarding the enforcement or interpretation of the compact;
24 and
25 (2) has standing to intervene in the proceeding for all
26 purposes.
27 (b) Failure to provide the commission service of process renders
28 a judgment or order void as to the commission, this compact, or
29 promulgated rules.
30 Sec. 4. (a) If the commission determines that a member state has
31 defaulted in the performance of its obligations or responsibilities
32 under this compact or the promulgated rules, the commission shall
33 provide written notice to the defaulting state. The notice of default
34 must:
35 (1) describe the default, the proposed means of curing the
36 default, and any other action that the commission may take;
37 and
38 (2) offer training and specific technical assistance regarding
39 the default.
40 (b) The commission shall provide a copy of the notice of default
41 to the other member states.
42 (c) If a state in default fails to cure the default, the defaulting
SB 110—LS 6404/DI 148 25
1 state may be terminated from the compact upon an affirmative
2 vote of a majority of the delegates of the member states, and all
3 rights, privileges, and benefits conferred on that state by this
4 compact may be terminated on the effective date of termination. A
5 cure of the default does not relieve the offending state of
6 obligations or liabilities incurred during the period of default.
7 (d) Termination of membership in the compact shall be imposed
8 only after all other means of securing compliance have been
9 exhausted. The commission shall give notice of intent to suspend or
10 terminate to:
11 (1) the governor of the defaulting state;
12 (2) the majority and minority leaders of the defaulting state's
13 legislature;
14 (3) the defaulting state's state licensing authority; and
15 (4) each of the member states' licensing authorities.
16 (e) A state that has been terminated is responsible for all
17 assessments, obligations, and liabilities incurred through the
18 effective date of termination, including obligations that extend
19 beyond the effective date of termination.
20 (f) If a state's membership from this compact is terminated, that
21 state shall:
22 (1) immediately provide notice to all licensees within that state
23 of the termination; and
24 (2) continue to recognize all licenses granted under this
25 compact for a minimum of six (6) months after the date of the
26 notice of termination.
27 (g) The commission shall not bear any costs related to a state
28 that is found to be in default or that has been terminated from the
29 compact, unless agreed upon in writing between the commission
30 and the defaulting state.
31 (h) The defaulting state may appeal the action of the commission
32 by petitioning the United States District Court for the District of
33 Columbia or the federal district where the commission has its
34 principal offices. The prevailing party shall be awarded all costs of
35 litigation, including reasonable attorney's fees.
36 Sec. 5. (a) Upon request by a member state, the commission
37 shall attempt to resolve disputes related to the compact that arise
38 among member states and between member and nonmember
39 states.
40 (b) The commission shall promulgate a rule providing for both
41 mediation and binding dispute resolution for disputes as
42 appropriate.
SB 110—LS 6404/DI 148 26
1 Sec. 6. (a) By majority vote as provided by rule, the commission
2 may initiate legal action against a member state in default in the
3 United States District Court for the District of Columbia or the
4 federal district where the commission has its principal offices to
5 enforce compliance with the provisions of the compact and its
6 promulgated rules. The relief sought may include both injunctive
7 relief and damages. In the event judicial enforcement is necessary,
8 the prevailing party shall be awarded all costs of litigation,
9 including reasonable attorney's fees. The remedies under this
10 subsection are not the exclusive remedies of the commission. The
11 commission may pursue any other remedies available under
12 federal or the defaulting member state's law.
13 (b) A member state may initiate legal action against the
14 commission in the United States District Court for the District of
15 Columbia or the federal district where the commission has its
16 principal offices to enforce compliance with the provisions of the
17 compact and its promulgated rules. The relief sought may include
18 both injunctive relief and damages. In the event judicial
19 enforcement is necessary, the prevailing party shall be awarded all
20 costs of litigation, including reasonable attorney's fees.
21 (c) No person other than a member state shall enforce this
22 compact against the commission.
23 Chapter 14. Effective Date, Withdrawal, and Amendment
24 Sec. 1. The compact comes into effect on the date on which the
25 compact statute is enacted into law in the seventh member state.
26 Sec. 2. (a) On or after the effective date of the compact, the
27 commission shall convene and review the enactment of each of the
28 first seven (7) member states (charter member states) to determine
29 if the statute enacted by each charter member state is materially
30 different than the model compact statute.
31 (b) A charter member state whose enactment is found to be
32 materially different from the model compact statute is entitled to
33 the default process under IC 25-44-13.
34 (c) If any member state is later found to be in default, or is
35 terminated or withdraws from the compact, the commission
36 remains in existence and remains in effect even if the number of
37 member states is less than seven (7).
38 Sec. 3. Member states enacting the compact after the seven (7)
39 initial charter member states are subject to review by the
40 commission under IC 25-44-10-3(21) to determine if their
41 enactments are materially different from the model compact
42 statute and whether they qualify for participation in the compact.
SB 110—LS 6404/DI 148 27
1 Sec. 4. All actions taken for the benefit of the commission or in
2 furtherance of the purposes of the administration of the compact
3 before the effective date of the compact or the commission coming
4 into existence are considered to be actions of the commission unless
5 specifically repudiated by the commission.
6 Sec. 5. Any state that joins the compact after the commission's
7 initial adoption of the rules and bylaws is subject to the rules and
8 bylaws as they exist on the date on which the compact becomes law
9 in that state. Any rule that has been previously adopted by the
10 commission has the full force and effect of law on the day the
11 compact becomes law in that state.
12 Sec. 6. (a) Any member state may withdraw from this compact
13 by enacting a statute repealing the compact statute.
14 (b) A member state's withdrawal does not take effect until one
15 hundred eighty (180) days after enactment of the repealing statute.
16 (c) Withdrawal does not affect the continuing requirement of
17 the withdrawing state's licensing authority to comply with the
18 investigative and adverse action reporting requirements of this
19 compact before the effective date of withdrawal.
20 (d) Upon the enactment of a statute withdrawing from this
21 compact, a state shall immediately provide notice of the
22 withdrawal to all licensees within that state.
23 (e) Notwithstanding any subsequent statutory enactment to the
24 contrary, the withdrawing state shall continue to recognize all
25 licenses granted under this compact for a minimum of one hundred
26 eighty (180) days after the date of the notice of withdrawal.
27 Sec. 7. This compact does not invalidate or prevent any
28 licensure agreement or other cooperative arrangement between a
29 member state and a nonmember state that does not conflict with
30 the provisions of this compact.
31 Sec. 8. (a) This compact may be amended by the member states.
32 (b) An amendment to this compact is not effective and binding
33 on any member state until it is enacted into the laws of all member
34 states.
35 Chapter 15. Construction and Severability
36 Sec. 1. This compact and the commission's rulemaking authority
37 shall be liberally construed so as to effectuate the purposes, and the
38 implementation and administration of the compact. Provisions of
39 the compact expressly authorizing or requiring the promulgation
40 of rules do not limit the commission's rulemaking authority solely
41 for those purposes.
42 Sec. 2. The provisions of this compact are severable, and if:
SB 110—LS 6404/DI 148 28
1 (1) any phrase, clause, sentence, or provision of this compact
2 is held to be contrary to the constitution of any member state,
3 a state seeking participation in the compact, or the United
4 States; or
5 (2) the applicability thereof to any government, agency,
6 person, or circumstance is held to be unconstitutional;
7 by a court of competent jurisdiction, the remainder of this compact
8 and the applicability to any other government, agency, person, or
9 circumstance remains valid.
10 Sec. 3. Notwithstanding section 2 of this chapter, the commission
11 may deny a state's participation in the compact or, according to the
12 requirements of IC 25-44-13-4, terminate a member state's
13 participation in the compact, if it determines that a constitutional
14 requirement of a member state is a material departure from the
15 compact. Otherwise, if this compact is held to be contrary to the
16 constitution of any member state, the compact remains in full force
17 and effect as to the remaining member states and in full force and
18 effect as to the member state affected as to all severable matters.
19 Chapter 16. Consistent Effect and Conflict with Other State
20 Laws
21 Sec. 1. A licensee providing services in a remote state under a
22 multistate authorization to practice shall adhere to the laws and
23 regulations, including applicable standards, of the remote state
24 where the client is located at the time care is rendered.
25 Sec. 2. (a) This compact does not prevent or inhibit the
26 enforcement of any other law of a member state that is not
27 inconsistent with the compact.
28 (b) Any laws, statutes, regulations, or other legal requirements
29 in a member state in conflict with the compact are superseded to
30 the extent of the conflict.
31 Sec. 3. All permissible agreements between the commission and
32 the member states are binding according to their terms.
33 SECTION 2. IC 34-30-2.1-390.2 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 390.2. IC 25-44-10-10
36 (Concerning the members, officers, executive director, employees,
37 and representatives of the social work licensure compact
38 commission).
SB 110—LS 6404/DI 148 29
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred Senate Bill No. 110, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS and be
reassigned to the Senate Committee on Appropriations.
(Reference is to SB 110 as introduced.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 11, Nays 0
SB 110—LS 6404/DI 148