Indiana 2025 Regular Session

Indiana Senate Bill SB0163 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0163.1~~
2		-	~~January 17, 2025~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 163
4	4		_____
5		-	DIGEST OF ~~SB 163 (Updated January 15, 2025 10:44 am - DI 104)~~
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, 2025.
10		-	Crider~~, Ford J.D., Jackson L~~
	10	+	Crider
11	11		January 8, 2025, read first time and referred to Committee on Health and Provider
12	12		Services.
13		-	January 16, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
14		-	Appropriations.
15		-	SB 163—LS 6532/DI 148 January 17, 2025
	13	+	2025 IN 163—LS 6532/DI 148 Introduced
16	14		First Regular Session of the 124th General Assembly (2025)
17	15		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	16		Constitution) is being amended, the text of the existing provision will appear in this style type,
19	17		additions will appear in this style type, and deletions will appear in this style type.
20	18		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	19		provision adopted), the text of the new provision will appear in this style type. Also, the
22	20		word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	21		a new provision to the Indiana Code or the Indiana Constitution.
24	22		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	23		between statutes enacted by the 2024 Regular Session of the General Assembly.
26	24		SENATE BILL No. 163
27	25		A BILL FOR AN ACT to amend the Indiana Code concerning
28	26		professions and occupations.
29	27		Be it enacted by the General Assembly of the State of Indiana:
30	28		1 SECTION 1. IC 25-44 IS ADDED TO THE INDIANA CODE AS
31	29		2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
32	30		3 2025]:
33	31		4 ARTICLE 44. SOCIAL WORK LICENSURE COMPACT
34	32		5 Chapter 1. Purpose
35	33		6 Sec. 1. The purpose of this compact is to facilitate interstate
36	34		7 practice of regulated social workers by improving public access to
37	35		8 competent social work services. The compact preserves the
38	36		9 regulatory authority of states to protect public health and safety
39	37		10 through the current system of state licensure. This compact is
40	38		11 designed to achieve the following objectives:
41	39		12 (1) Increase public access to social work services.
42	40		13 (2) Reduce overly burdensome and duplicative requirements
43	41		14 associated with holding multiple licenses.
44	42		15 (3) Enhance the member states' ability to protect the public's
45	43		16 health and safety.
46	44		17 (4) Encourage the cooperation of member states in regulating
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	45	+	2025 IN 163—LS 6532/DI 148 2
48	46		1 multistate practice.
49	47		2 (5) Promote mobility and address workforce shortages by
50	48		3 eliminating the necessity for licenses in multiple states by
51	49		4 providing for the mutual recognition of other member state
52	50		5 licenses.
53	51		6 (6) Support military families.
54	52		7 (7) Facilitate the exchange of licensure and disciplinary
55	53		8 information among member states.
56	54		9 (8) Authorize all member states to hold a regulated social
57	55		10 worker accountable for abiding by a member state's laws,
58	56		11 regulations, and applicable professional standards in the
59	57		12 member state in which the client is located at the time care is
60	58		13 rendered.
61	59		14 (9) Allow for the use of telehealth to facilitate increased access
62	60		15 to regulated social work services.
63	61		16 Chapter 2. Definitions
64	62		17 Sec. 1. As used in this compact, and except as otherwise
65	63		18 provided, the following definitions apply:
66	64		19 (1) "Active military member" means any individual with
67	65		20 full-time duty status in the active armed forces of the United
68	66		21 States including members of the national guard and reserve.
69	67		22 (2) "Adverse action" means any administrative, civil,
70	68		23 equitable, or criminal action permitted by a state's laws which
71	69		24 is imposed by a licensing authority or other authority against
72	70		25 a regulated social worker, including:
73	71		26 (A) actions against an individual's license or multistate
74	72		27 authorization to practice such as revocation, suspension,
75	73		28 probation, or monitoring of the licensee;
76	74		29 (B) limitation on the licensee's practice; or
77	75		30 (C) any other encumbrance on licensure affecting a
78	76		31 regulated social worker's authorization to practice,
79	77		32 including issuance of a cease and desist action.
80	78		33 (3) "Alternative program" means a nondisciplinary
81	79		34 monitoring or practice remediation process approved by a
82	80		35 licensing authority to address practitioners with an
83	81		36 impairment.
84	82		37 (4) "Charter member states" means member states that have
85	83		38 enacted legislation to adopt this compact where the legislation
86	84		39 predates the effective date of this compact as described in
87	85		40 IC 25-44-14.
88	86		41 (5) "Compact commission" or "commission" means the
89	87		42 government agency whose membership consists of all states
90		-	SB 163—LS 6532/DI 148 3
	88	+	2025 IN 163—LS 6532/DI 148 3
91	89		1 that have enacted this compact, which is known as the social
92	90		2 work licensure compact commission, as described in
93	91		3 IC 25-44-10, and which operates as an instrumentality of the
94	92		4 member states.
95	93		5 (6) "Current significant investigative information" means:
96	94		6 (A) investigative information that a licensing authority,
97	95		7 after a preliminary inquiry that includes notification and
98	96		8 an opportunity for the regulated social worker to respond
99	97		9 has reason to believe is not groundless and, if proved true,
100	98		10 would indicate more than a minor infraction as may be
101	99		11 defined by the commission; or
102	100		12 (B) investigative information that indicates that the
103	101		13 regulated social worker represents an immediate threat to
104	102		14 public health and safety, as may be defined by the
105	103		15 commission, regardless of whether the regulated social
106	104		16 worker has been notified and has had an opportunity to
107	105		17 respond.
108	106		18 (7) "Data system" means a repository of information about
109	107		19 licensees, including continuing education, examination,
110	108		20 licensure, current significant investigative information,
111	109		21 disqualifying event, multistate license, and adverse action
112	110		22 information or other information as required by the
113	111		23 commission.
114	112		24 (8) "Disqualifying event" means any adverse action or
115	113		25 incident which results in an encumbrance that disqualifies or
116	114		26 makes the licensee ineligible to either obtain, retain, or renew
117	115		27 a multistate license.
118	116		28 (9) "Domicile" means the jurisdiction in which the licensee
119	117		29 resides and intends to remain indefinitely.
120	118		30 (10) "Encumbrance" means a revocation or suspension of, or
121	119		31 any limitation on, the full and unrestricted practice of social
122	120		32 work licensed and regulated by a licensing authority.
123	121		33 (11) "Executive committee" means a group of delegates
124	122		34 elected or appointed to act on behalf of, and within the powers
125	123		35 granted to them by, the compact and commission.
126	124		36 (12) "Home state" means the member state that is the
127	125		37 licensee's primary domicile.
128	126		38 (13) "Impairment" means a condition that may impair a
129	127		39 practitioner's ability to engage in full and unrestricted
130	128		40 practice as a regulated social worker without some type of
131	129		41 intervention and may include alcohol and drug dependence,
132	130		42 mental health impairment, and neurological or physical
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	131	+	2025 IN 163—LS 6532/DI 148 4
134	132		1 impairments.
135	133		2 (14) "Licensee" means an individual who currently holds a
136	134		3 license from a state to practice as a regulated social worker.
137	135		4 (15) "Licensing authority" means the board or agency of a
138	136		5 member state, or equivalent, that is responsible for the
139	137		6 licensing and regulation of regulated social workers.
140	138		7 (16) "Member state" means a state, commonwealth, district,
141	139		8 or territory of the United States of America that has enacted
142	140		9 this compact.
143	141		10 (17) "Multistate authorization to practice" means a legally
144	142		11 authorized privilege to practice, which is equivalent to a
145	143		12 license, associated with a multistate license permitting the
146	144		13 practice of social work in a remote state.
147	145		14 (18) "Multistate license" means a license to practice as a
148	146		15 regulated social worker issued by a home state licensing
149	147		16 authority that authorizes the regulated social worker to
150	148		17 practice in all member states under multistate authorization
151	149		18 to practice.
152	150		19 (19) "Qualifying national exam" means a national licensing
153	151		20 examination approved by the commission.
154	152		21 (20) "Regulated social worker" means any clinical, master's,
155	153		22 or bachelor's social worker licensed by a member state
156	154		23 regardless of the title used by that member state.
157	155		24 (21) "Remote state" means a member state other than the
158	156		25 licensee's home state.
159	157		26 (22) "Rule" or "rule of the commission" means a regulation
160	158		27 or regulations duly promulgated by the commission, as
161	159		28 authorized by the compact, that has the force of law.
162	160		29 (23) "Single state license" means a social work license issued
163	161		30 by any state that authorizes practice only within the issuing
164	162		31 state and does not include multistate authorization to practice
165	163		32 in any member state.
166	164		33 (24) "Social work" or "social work services" means the
167	165		34 application of social work theory, knowledge, methods, ethics,
168	166		35 and the professional use of self to restore or enhance social,
169	167		36 psychosocial, or biopsychosocial functioning of individuals,
170	168		37 couples, families, groups, organizations, and communities
171	169		38 through the care and services provided by a regulated social
172	170		39 worker as set forth in the member state's statutes and
173	171		40 regulations in the state where the services are being provided.
174	172		41 (25) "State" means any state, commonwealth, district, or
175	173		42 territory of the United States of America that regulates the
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	174	+	2025 IN 163—LS 6532/DI 148 5
177	175		1 practice of social work.
178	176		2 (26) "Unencumbered license" means a license that authorizes
179	177		3 a regulated social worker to engage in the full and
180	178		4 unrestricted practice of social work.
181	179		5 Chapter 3. State Participation in the Compact
182	180		6 Sec. 1. To be eligible to participate in the compact, a potential
183	181		7 member state must currently meet all of the following criteria:
184	182		8 (1) License and regulate the practice of social work at either
185	183		9 the clinical, master's, or bachelor's category.
186	184		10 (2) Require applicants for licensure to graduate from a
187	185		11 program that:
188	186		12 (A) is operated by a college or university recognized by the
189	187		13 licensing authority;
190	188		14 (B) is accredited, or in candidacy by an institution that
191	189		15 subsequently becomes accredited, by an accrediting agency
192	190		16 recognized by either:
193	191		17 (i) the Council for Higher Education Accreditation or its
194	192		18 successor; or
195	193		19 (ii) the United States Department of Education; and
196	194		20 (C) corresponds to the licensure sought as outlined in
197	195		21 IC 25-44-4.
198	196		22 (3) Require applicants for clinical licensure to complete a
199	197		23 period of supervised practice.
200	198		24 (4) Have a mechanism in place for receiving, investigating,
201	199		25 and adjudicating complaints about licensees.
202	200		26 Sec. 2. To maintain membership in the compact, a member state
203	201		27 shall do the following:
204	202		28 (1) Require that applicants for a multistate license pass a
205	203		29 qualifying national exam for the corresponding category of
206	204		30 multistate license sought as outlined in IC 25-44-4.
207	205		31 (2) Participate fully in the commission's data system,
208	206		32 including using the commission's unique identifier as defined
209	207		33 in the rules.
210	208		34 (3) Notify the commission, in compliance with the terms of the
211	209		35 compact and rules, of any adverse action or the availability of
212	210		36 current significant investigative information regarding a
213	211		37 licensee.
214	212		38 (4) Implement procedures for considering the criminal history
215	213		39 records of applicants for a multistate license. The procedures
216	214		40 shall include the submission of fingerprints or other biometric
217	215		41 based information by applicants for the purpose of obtaining
218	216		42 an applicant's criminal history record information from the
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	217	+	2025 IN 163—LS 6532/DI 148 6
220	218		1 Federal Bureau of Investigation and the agency responsible
221	219		2 for retaining that state's criminal records.
222	220		3 (5) Comply with the rules of the commission.
223	221		4 (6) Require an applicant to obtain or retain a license in the
224	222		5 home state and meet the home state's qualifications for
225	223		6 licensure or renewal of licensure, as well as all other
226	224		7 applicable home state laws.
227	225		8 (7) Authorize a licensee holding a multistate license in any
228	226		9 member state to practice in accordance with the terms of the
229	227		10 compact and rules of the commission.
230	228		11 (8) Designate a delegate to participate in the commission
231	229		12 meetings.
232	230		13 Sec. 3. A member state meeting the requirements of sections 1
233	231		14 and 2 of this chapter shall designate the categories of social work
234	232		15 licensure that are eligible for issuance of a multistate license for
235	233		16 applicants in the member state. To the extent that any member
236	234		17 state does not meet the requirements for participation in the
237	235		18 compact at any particular category of social work licensure, the
238	236		19 member state may choose, but is not obligated, to issue a multistate
239	237		20 license to applicants that otherwise meet the requirements of
240	238		21 IC 25-44-4 for issuance of a multistate license in the category or
241	239		22 categories of licensure.
242	240		23 Sec. 4. The home state may charge a fee for granting the
243	241		24 multistate license.
244	242		25 Chapter 4. Social Worker Participation in the Compact
245	243		26 Sec. 1. To be eligible for a multistate license under the terms and
246	244		27 provisions of the compact, an applicant, regardless of category,
247	245		28 must:
248	246		29 (1) hold or be eligible for an active, unencumbered license in
249	247		30 the home state;
250	248		31 (2) pay any applicable fees, including any state fee, for the
251	249		32 multistate license;
252	250		33 (3) submit, in connection with an application for a multistate
253	251		34 license, fingerprints or other biometric data for the purpose
254	252		35 of obtaining criminal history record information from the
255	253		36 Federal Bureau of Investigation and the agency responsible
256	254		37 for retaining that state's criminal records;
257	255		38 (4) notify the home state of any adverse action, encumbrance,
258	256		39 or restriction on any professional license taken by any
259	257		40 member state or nonmember state within thirty (30) days
260	258		41 from the date the action is taken;
261	259		42 (5) meet any continuing competence requirements established
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	260	+	2025 IN 163—LS 6532/DI 148 7
263	261		1 by the home state; and
264	262		2 (6) abide by the laws, regulations, and applicable standards in
265	263		3 the member state where the client is located at the time care
266	264		4 is rendered.
267	265		5 Sec. 2. An applicant for a clinical category multistate license
268	266		6 must meet all of the following requirements:
269	267		7 (1) Fulfill a competency requirement, which shall be satisfied
270	268		8 by:
271	269		9 (A) passage of a clinical category qualifying national exam;
272	270		10 (B) licensure of the applicant in their home state at the
273	271		11 clinical category, beginning before the time a qualifying
274	272		12 national exam was required by the home state and
275	273		13 accompanied by a period of continuous social work
276	274		14 licensure thereafter, all of which may be further governed
277	275		15 by the rules of the commission; or
278	276		16 (C) substantial equivalency of the foregoing competency
279	277		17 requirements which the commission may determine by
280	278		18 rule.
281	279		19 (2) Attain at least a master's degree in social work from a
282	280		20 program that is:
283	281		21 (A) operated by a college or university recognized by the
284	282		22 licensing authority; and
285	283		23 (B) accredited, or in candidacy that subsequently becomes
286	284		24 accredited, by an accrediting agency recognized by either:
287	285		25 (i) the Council for Higher Education Accreditation or its
288	286		26 successor; or
289	287		27 (ii) the United States Department of Education.
290	288		28 (3) Fulfill a practice requirement, which shall be satisfied by
291	289		29 demonstrating completion of:
292	290		30 (A) a period of postgraduate supervised clinical practice
293	291		31 equal to a minimum of three thousand (3,000) hours;
294	292		32 (B) a minimum of two (2) years of full-time postgraduate
295	293		33 supervised clinical practice; or
296	294		34 (C) the substantial equivalency of the foregoing practice
297	295		35 requirements which the commission may determine by
298	296		36 rule.
299	297		37 Sec. 3. An applicant for a master's category multistate license
300	298		38 must meet all of the following requirements:
301	299		39 (1) Fulfill a competency requirement, which shall be satisfied
302	300		40 by:
303	301		41 (A) passage of a master's category qualifying national
304	302		42 exam;
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306	304		1 (B) licensure of the applicant in their home state at the
307	305		2 master's category, beginning before the time as a
308	306		3 qualifying national exam was required by the home state
309	307		4 at the master's category and accompanied by a period of
310	308		5 continuous social work licensure thereafter, all of which
311	309		6 may be further governed by the rules of the commission;
312	310		7 or
313	311		8 (C) substantial equivalency of the foregoing competency
314	312		9 requirements which the commission may determine by
315	313		10 rule.
316	314		11 (2) Attain at least a master's degree in social work from a
317	315		12 program that is:
318	316		13 (A) operated by a college or university recognized by the
319	317		14 licensing authority; and
320	318		15 (B) accredited, or in candidacy that subsequently becomes
321	319		16 accredited, by an accrediting agency recognized by either:
322	320		17 (i) the Council for Higher Education Accreditation or its
323	321		18 successor; or
324	322		19 (ii) the United States Department of Education.
325	323		20 Sec. 4. An applicant for a bachelor's category multistate license
326	324		21 must meet all of the following requirements:
327	325		22 (1) Fulfill a competency requirement, which shall be satisfied
328	326		23 by:
329	327		24 (A) passage of a bachelor's category qualifying national
330	328		25 exam;
331	329		26 (B) licensure of the applicant in their home state at the
332	330		27 bachelor's category, beginning before the time as a
333	331		28 qualifying national exam was required by the home state
334	332		29 and accompanied by a period of continuous social work
335	333		30 licensure thereafter, all of which may be further governed
336	334		31 by the rules of the commission; or
337	335		32 (C) substantial equivalency of the foregoing competency
338	336		33 requirements which the commission may determine by
339	337		34 rule.
340	338		35 (2) Attain at least a bachelor's degree in social work from a
341	339		36 program that is:
342	340		37 (A) operated by a college or university recognized by the
343	341		38 licensing authority; and
344	342		39 (B) accredited, or in candidacy that subsequently becomes
345	343		40 accredited, by an accrediting agency recognized by either:
346	344		41 (i) the Council for Higher Education Accreditation or its
347	345		42 successor; or
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349	347		1 (ii) the United States Department of Education.
350	348		2 Sec. 5. The multistate license for a regulated social worker is
351	349		3 subject to the renewal requirements of the home state. The
352	350		4 regulated social worker must maintain compliance with the
353	351		5 requirements of this chapter to be eligible to renew a multistate
354	352		6 license.
355	353		7 Sec. 6. The regulated social worker's services in a remote state
356	354		8 are subject to that member state's regulatory authority. A remote
357	355		9 state may, in accordance with due process and that member state's
358	356		10 laws, remove a regulated social worker's multistate authorization
359	357		11 to practice in the remote state for a specific period of time, impose
360	358		12 fines, and take any other necessary actions to protect the health
361	359		13 and safety of its citizens.
362	360		14 Sec. 7. If a multistate license is encumbered, the regulated social
363	361		15 worker's multistate authorization to practice shall be deactivated
364	362		16 in all remote states until the multistate license is no longer
365	363		17 encumbered.
366	364		18 Sec. 8. If a multistate authorization to practice is encumbered in
367	365		19 a remote state, the regulated social worker's multistate
368	366		20 authorization to practice may be deactivated in that state until the
369	367		21 multistate authorization to practice is no longer encumbered.
370	368		22 Chapter 5. Issuance of a Multistate License
371	369		23 Sec. 1. Upon receipt of an application for a multistate license,
372	370		24 the home state licensing authority shall determine the applicant's
373	371		25 eligibility for a multistate license under IC 25-44-4.
374	372		26 Sec. 2. If the applicant is eligible under IC 25-44-4, the home
375	373		27 state licensing authority shall issue a multistate license that
376	374		28 authorizes the applicant or regulated social worker to practice in
377	375		29 all member states under a multistate authorization to practice.
378	376		30 Sec. 3. Upon issuance of a multistate license, the home state
379	377		31 licensing authority shall designate whether the regulated social
380	378		32 worker holds a multistate license in the bachelor's, master's, or
381	379		33 clinical category of social work.
382	380		34 Sec. 4. A multistate license issued by a home state to a resident
383	381		35 in that state shall be recognized by all compact member states as
384	382		36 authorizing social work practice under a multistate authorization
385	383		37 to practice corresponding to each category of licensure regulated
386	384		38 in each member state.
387	385		39 Chapter 6. Authority of Interstate Compact Commission and
388	386		40 Member State Licensing Authorities
389	387		41 Sec. 1. Nothing in this compact, nor any rule of the commission,
390	388		42 limits, restricts, or in any way reduces the ability of a:
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392	390		1 (1) member state to:
393	391		2 (A) enact and enforce laws, regulations, or other rules
394	392		3 related to the practice of social work in that state, where
395	393		4 those laws, regulations, or other rules are not inconsistent
396	394		5 with the provisions of this compact; or
397	395		6 (B) take adverse action against a licensee's single state
398	396		7 license to practice social work in that state;
399	397		8 (2) remote state to take adverse action against a licensee's
400	398		9 multistate authorization to practice in that state; or
401	399		10 (3) licensee's home state to take adverse action against a
402	400		11 licensee's multistate license based upon information provided
403	401		12 by a remote state.
404	402		13 Sec. 2. This compact does not affect the requirements
405	403		14 established by a member state for the issuance of a single state
406	404		15 license.
407	405		16 Chapter 7. Reissuance of a Multistate License by a New Home
408	406		17 State
409	407		18 Sec. 1. A licensee can hold a multistate license, issued by their
410	408		19 home state, in only one (1) member state at any given time.
411	409		20 Sec. 2. If a licensee changes their home state by moving between
412	410		21 two (2) member states the following apply:
413	411		22 (1) The licensee shall immediately apply for the reissuance of
414	412		23 their multistate license in their new home state. The licensee
415	413		24 shall pay all applicable fees and notify the prior home state in
416	414		25 accordance with the rules of the commission.
417	415		26 (2) Upon receipt of an application to reissue a multistate
418	416		27 license, the new home state shall verify that the multistate
419	417		28 license is active, unencumbered, and eligible for reissuance
420	418		29 under the terms of the compact and the rules of the
421	419		30 commission. The multistate license issued by the prior home
422	420		31 state will be deactivated and all member states notified in
423	421		32 accordance with the applicable rules adopted by the
424	422		33 commission.
425	423		34 (3) Before the reissuance of the multistate license, the new
426	424		35 home state shall conduct procedures for considering the
427	425		36 criminal history records of the licensee. The procedures shall
428	426		37 include the submission of fingerprints or other biometric
429	427		38 based information by applicants for the purpose of obtaining
430	428		39 an applicant's criminal history record information from the
431	429		40 Federal Bureau of Investigation and the agency responsible
432	430		41 for retaining that state's criminal records.
433	431		42 (4) If required for initial licensure, the new home state may
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435	433		1 require completion of jurisprudence requirements in the new
436	434		2 home state.
437	435		3 (5) Notwithstanding any other provision of this compact, if a
438	436		4 licensee does not meet the requirements set forth in this
439	437		5 compact for the reissuance of a multistate license by the new
440	438		6 home state, then the licensee is subject to the new home state
441	439		7 requirements for the issuance of a single state license in that
442	440		8 state.
443	441		9 Sec. 3. If a licensee changes their primary state of residence by
444	442		10 moving from a member state to a nonmember state, or from a
445	443		11 nonmember state to a member state, then the licensee is subject to
446	444		12 the state requirements for the issuance of a single state license in
447	445		13 the new home state.
448	446		14 Sec. 4. Nothing in this compact interferes with a licensee's
449	447		15 ability to hold a single state license in multiple states. However, for
450	448		16 the purposes of this compact, a licensee shall have only one (1)
451	449		17 home state and only one (1) multistate license.
452	450		18 Sec. 5. Nothing in this compact interferes with the requirements
453	451		19 established by a member state for the issuance of a single state
454	452		20 license.
455	453		21 Chapter 8. Military Families
456	454		22 Sec. 1. An active military member or their spouse shall
457	455		23 designate a home state where the individual has a multistate
458	456		24 license. The individual may retain their home state designation
459	457		25 during the period the service member is on active duty.
460	458		26 Chapter 9. Adverse Actions
461	459		27 Sec. 1. (a) In addition to the other powers conferred by state
462	460		28 law, a remote state has the authority, according to existing state
463	461		29 due process law, to:
464	462		30 (1) take adverse action against a regulated social worker's
465	463		31 multistate authorization to practice only within that remote
466	464		32 state; and
467	465		33 (2) issue subpoenas for both hearings and investigations that
468	466		34 require the attendance and testimony of witnesses as well as
469	467		35 the production of evidence.
470	468		36 (b) The member state that receives a subpoena issued by a
471	469		37 licensing authority in another member state shall enforce the
472	470		38 subpoena in a court of competent jurisdiction according to the
473	471		39 court's subpoena practice and procedure.
474	472		40 (c) The issuing licensing authority shall pay any witness fees,
475	473		41 travel expenses, mileage, and other fees required by the service
476	474		42 statutes of the state in which the witnesses or evidence are located.
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478	476		1 Sec. 2. (a) Only the home state has the power to take adverse
479	477		2 action against a regulated social worker's multistate license.
480	478		3 (b) For purposes of taking adverse action, the home state shall
481	479		4 do the following:
482	480		5 (1) Give the same priority and effect to reported conduct
483	481		6 received from a member state as it would if the conduct had
484	482		7 occurred within the home state.
485	483		8 (2) Apply its own state laws to determine appropriate action.
486	484		9 (c) If a regulated social worker changes their home state during
487	485		10 the course of an investigation:
488	486		11 (1) the home state shall:
489	487		12 (A) complete any pending investigations of a regulated
490	488		13 social worker who changes their home state during the
491	489		14 course of the investigations;
492	490		15 (B) have the authority to take appropriate action(s); and
493	491		16 (C) promptly report the conclusions of the investigations
494	492		17 to the administrator of the data system; and
495	493		18 (2) the administrator of the data system shall promptly notify
496	494		19 the new home state of any adverse actions.
497	495		20 Sec. 3. A member state, if otherwise permitted by state law, may
498	496		21 recover from the affected regulated social worker the costs of
499	497		22 investigations and dispositions of cases resulting from any adverse
500	498		23 action taken against that regulated social worker.
501	499		24 Sec. 4. A member state may take adverse action based on the
502	500		25 factual findings of another member state if the member state
503	501		26 follows its own procedures for taking the adverse action.
504	502		27 Sec. 5. (a) In addition to the authority granted to a member state
505	503		28 by its respective social work practice act or other applicable state
506	504		29 law, any member state may participate with other member states
507	505		30 in joint investigations of licensees.
508	506		31 (b) Member states shall share any investigative, litigation, or
509	507		32 compliance materials in furtherance of any joint or individual
510	508		33 investigation initiated under the compact.
511	509		34 Sec. 6. If adverse action is taken by the home state against the
512	510		35 multistate license of a regulated social worker, the regulated social
513	511		36 worker's multistate authorization to practice in all other member
514	512		37 states shall be deactivated until all encumbrances have been
515	513		38 removed from the multistate license. All home state disciplinary
516	514		39 orders that impose adverse action against the license of a regulated
517	515		40 social worker shall include a statement that the regulated social
518	516		41 worker's multistate authorization to practice is deactivated in all
519	517		42 member states until all conditions of the decision, order, or
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521	519		1 agreement are satisfied.
522	520		2 Sec. 7. (a) If a member state takes adverse action, it shall
523	521		3 promptly notify the administrator of the data system.
524	522		4 (b) The administrator of the data system shall promptly notify
525	523		5 the home state and all other member states of any adverse actions
526	524		6 by a remote state.
527	525		7 Sec. 8. Nothing in this compact overrides a member state's
528	526		8 decision that participation in an alternative program may be used
529	527		9 in lieu of adverse action.
530	528		10 Sec. 9. Nothing in this compact authorizes a member state to
531	529		11 demand the issuance of subpoenas for attendance and testimony of
532	530		12 witnesses or the production of evidence from another member state
533	531		13 for lawful actions within that member state.
534	532		14 Sec. 10. Nothing in this compact authorizes a member state to
535	533		15 impose discipline against a regulated social worker who holds a
536	534		16 multistate authorization to practice for lawful actions within
537	535		17 another member state.
538	536		18 Chapter 10. Establishment of Social Work Licensure Compact
539	537		19 Commission
540	538		20 Sec. 1. (a) The compact member states create and establish a
541	539		21 joint government agency whose membership consists of all member
542	540		22 states that have enacted the compact known as the social work
543	541		23 licensure compact commission.
544	542		24 (b) The commission is an instrumentality of the compact states
545	543		25 acting jointly and not an instrumentality of any one (1) state.
546	544		26 (c) The commission shall come into existence on or after the
547	545		27 effective date of the compact as set forth in IC 25-44-14.
548	546		28 Sec. 2. (a) Each member state shall have and be limited to one
549	547		29 (1) delegate selected by that member state's licensing authority.
550	548		30 (b) The delegate shall be either:
551	549		31 (1) a current member of the licensing authority at the time of
552	550		32 appointment, who is a regulated social worker or public
553	551		33 member of the state licensing authority; or
554	552		34 (2) an administrator of the licensing authority or their
555	553		35 designee.
556	554		36 (c) The commission, by a rule or bylaw:
557	555		37 (1) shall establish a term of office for delegates; and
558	556		38 (2) may establish term limits.
559	557		39 (d) The commission may recommend removal or suspension of
560	558		40 any delegate from office.
561	559		41 (e) A member state's licensing authority shall fill any vacancy
562	560		42 of its delegate occurring on the commission within sixty (60) days
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564	562		1 of the vacancy.
565	563		2 (f) Each delegate is entitled to one (1) vote on all matters before
566	564		3 the commission requiring a vote by commission delegates.
567	565		4 (g) A delegate shall vote in person or by other means provided
568	566		5 in the bylaws.
569	567		6 (h) The bylaws may provide for delegates to meet by
570	568		7 telecommunication, video conference, or other means of
571	569		8 communication.
572	570		9 (i) The commission shall meet at least once during each calendar
573	571		10 year. Additional meetings may be held as set forth in the bylaws.
574	572		11 The commission may meet by telecommunication, video
575	573		12 conference, or other similar electronic means.
576	574		13 Sec. 3. The commission has the following powers:
577	575		14 (1) Establish the fiscal year of the commission.
578	576		15 (2) Establish code of conduct and conflict of interest policies.
579	577		16 (3) Establish and amend rules and bylaws.
580	578		17 (4) Maintain its financial records in accordance with the
581	579		18 bylaws.
582	580		19 (5) Meet and take action consistent with the provisions of this
583	581		20 compact, the commission's rules, and the bylaws.
584	582		21 (6) Initiate and conclude legal proceedings or actions in the
585	583		22 name of the commission if the standing of any licensing
586	584		23 authority to sue or be sued under applicable law is not
587	585		24 affected.
588	586		25 (7) Maintain and certify records and information provided to
589	587		26 a member state as the authenticated business records of the
590	588		27 commission, and designate an agent to do so on the
591	589		28 commission's behalf.
592	590		29 (8) Purchase and maintain insurance and bonds.
593	591		30 (9) Borrow, accept, or contract for services of personnel,
594	592		31 including, but not limited to, employees of a member state.
595	593		32 (10) Conduct an annual financial review.
596	594		33 (11) Hire employees, elect or appoint officers, fix
597	595		34 compensation, define duties, grant individuals appropriate
598	596		35 authority to carry out the purposes of the compact, and
599	597		36 establish the commission's personnel policies and programs
600	598		37 relating to conflicts of interest, qualifications of personnel,
601	599		38 and other related personnel matters.
602	600		39 (12) Assess and collect fees.
603	601		40 (13) Accept appropriate gifts, donations, grants of money,
604	602		41 other sources of revenue, equipment, supplies, materials, and
605	603		42 services, and receive, utilize, and dispose of the same.
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607	605		1 However, at all times the commission shall avoid any
608	606		2 appearance of impropriety or conflict of interest.
609	607		3 (14) Lease, purchase, retain, own, hold, improve, or use any
610	608		4 property, real, personal, or mixed, or any undivided interest
611	609		5 therein.
612	610		6 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon,
613	611		7 or otherwise dispose of any property real, personal, or mixed.
614	612		8 (16) Establish a budget and make expenditures.
615	613		9 (17) Borrow money.
616	614		10 (18) Appoint committees, including standing committees,
617	615		11 composed of members, state regulators, state legislators or
618	616		12 their representatives, consumer representatives, and other
619	617		13 interested persons designated in this compact and the bylaws.
620	618		14 (19) Provide and receive information from, and cooperate
621	619		15 with, law enforcement agencies.
622	620		16 (20) Establish and elect an executive committee, including a
623	621		17 chair and a vice chair.
624	622		18 (21) Determine whether a state's adopted language is
625	623		19 materially different from the model compact language such
626	624		20 that the state would not qualify for participation in the
627	625		21 compact.
628	626		22 (22) Perform other functions as necessary or appropriate to
629	627		23 achieve the purposes of this compact.
630	628		24 Sec. 4. (a) The executive committee has the power to act on
631	629		25 behalf of the commission according to the terms of this compact.
632	630		26 (b) The powers, duties, and responsibilities of the executive
633	631		27 committee include:
634	632		28 (1) overseeing the day to day activities of the administration
635	633		29 of the compact, including enforcement and compliance with
636	634		30 the provisions of the compact, its rules and bylaws, and other
637	635		31 duties as deemed necessary;
638	636		32 (2) recommending to the commission changes to the:
639	637		33 (A) rules or bylaws;
640	638		34 (B) compact legislation;
641	639		35 (C) fees charged to compact member states;
642	640		36 (D) fees charged to licensees; and
643	641		37 (E) other fees;
644	642		38 (3) ensuring compact administration services are
645	643		39 appropriately provided, including by contract;
646	644		40 (4) preparing and recommending the budget;
647	645		41 (5) maintaining financial records on behalf of the commission;
648	646		42 (6) monitoring compact compliance of member states and
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650	648		1 providing compliance reports to the commission;
651	649		2 (7) establishing additional committees as necessary;
652	650		3 (8) exercising the powers and duties of the commission during
653	651		4 the interim between commission meetings, except for:
654	652		5 (A) adopting or amending rules;
655	653		6 (B) adopting or amending bylaws; and
656	654		7 (C) exercising any other powers and duties expressly
657	655		8 reserved to the commission by rule or bylaw; and
658	656		9 (9) performing other duties as provided in the rules or bylaws
659	657		10 of the commission.
660	658		11 Sec. 5. (a) The executive committee is composed of up to eleven
661	659		12 (11) members, including:
662	660		13 (1) the chair and vice chair of the commission, who are voting
663	661		14 members of the executive committee;
664	662		15 (2) five (5) voting members from the current membership of
665	663		16 the commission who are elected by the commission; and
666	664		17 (3) up to four (4) ex officio, nonvoting members from four (4)
667	665		18 recognized national social work organizations. The ex officio
668	666		19 members will be selected by their respective organizations.
669	667		20 (b) The commission may remove any member of the executive
670	668		21 committee as provided in the commission's bylaws.
671	669		22 Sec. 6. (a) The executive committee shall meet at least once
672	670		23 annually.
673	671		24 (b) Executive committee meetings shall be open to the public,
674	672		25 except that the executive committee may meet in a closed,
675	673		26 nonpublic meeting as provided in section 8(d) of this chapter.
676	674		27 (c) The executive committee shall give seven (7) days notice of
677	675		28 its meetings, posted on its website and as determined to provide
678	676		29 notice to persons with an interest in the business of the commission.
679	677		30 (d) The executive committee may hold a special meeting in
680	678		31 accordance with section 8(c) of this chapter.
681	679		32 Sec. 7. The commission shall adopt and provide to the member
682	680		33 states an annual report.
683	681		34 Sec. 8. (a) Except as provided in subsection (d), all meetings are
684	682		35 open to the public.
685	683		36 (b) Except as provided in subsection (c), public notice for all
686	684		37 meetings of the full commission shall be given in the same manner
687	685		38 as required under IC 25-44-12.
688	686		39 (c) The commission may hold a special meeting when it must
689	687		40 meet to conduct emergency business by giving forty-eight (48)
690	688		41 hours notice to all commissioners, on the commission's website, and
691	689		42 other means as provided in the commission's rules. The
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693	691		1 commission's legal counsel shall certify that the commission's need
694	692		2 to meet qualifies as an emergency.
695	693		3 (d) The commission or the executive committee or other
696	694		4 committees of the commission may convene in a closed, nonpublic
697	695		5 meeting for the commission or executive committee or other
698	696		6 committees of the commission to receive legal advice or to discuss:
699	697		7 (1) noncompliance of a member state with its obligations
700	698		8 under the compact;
701	699		9 (2) the employment, compensation, discipline or other
702	700		10 matters, practices, or procedures related to specific
703	701		11 employees;
704	702		12 (3) current or threatened discipline of a licensee by the
705	703		13 commission or by a member state's licensing authority;
706	704		14 (4) current, threatened, or reasonably anticipated litigation;
707	705		15 (5) negotiation of contracts for the purchase, lease, or sale of
708	706		16 goods, services, or real estate;
709	707		17 (6) accusing any person of a crime or formally censuring any
710	708		18 person;
711	709		19 (7) trade secrets or commercial or financial information that
712	710		20 is privileged or confidential;
713	711		21 (8) information of a personal nature where disclosure would
714	712		22 constitute a clearly unwarranted invasion of personal privacy;
715	713		23 (9) investigative records compiled for law enforcement
716	714		24 purposes;
717	715		25 (10) information related to any investigative reports prepared
718	716		26 by or on behalf of or for use of the commission or other
719	717		27 committee charged with responsibility of investigation or
720	718		28 determination of compliance issues under the compact;
721	719		29 (11) matters specifically exempted from disclosure by federal
722	720		30 or member state law; or
723	721		31 (12) other matters as promulgated by the commission by rule.
724	722		32 (e) If a meeting, or portion of a meeting, is closed:
725	723		33 (1) the presiding officer shall:
726	724		34 (A) state that the meeting will be closed; and
727	725		35 (B) reference each relevant exempting provision; and
728	726		36 (2) the reference shall be recorded in the minutes.
729	727		37 (f) The commission shall:
730	728		38 (1) keep minutes that fully and clearly describe all matters
731	729		39 discussed in a meeting; and
732	730		40 (2) provide a full and accurate summary of actions taken and
733	731		41 the reasons therefore, including a description of the views
734	732		42 expressed.
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736	734		1 (g) All documents considered in connection with an action shall
737	735		2 be identified in the minutes. However, all minutes and documents
738	736		3 of a closed meeting shall remain under seal, subject to release only
739	737		4 by a majority vote of the commission or order of a court of
740	738		5 competent jurisdiction.
741	739		6 Sec. 9. (a) The commission shall pay, or provide for the payment
742	740		7 of, the reasonable expenses of its establishment, organization, and
743	741		8 ongoing activities.
744	742		9 (b) The commission may accept all appropriate revenue sources
745	743		10 as provided in section 3(13) of this chapter.
746	744		11 (c) The commission may:
747	745		12 (1) levy on and collect an annual assessment from each
748	746		13 member state; and
749	747		14 (2) impose fees on licensees of member states to whom it
750	748		15 grants a multistate license;
751	749		16 to cover the cost of the operations and activities of the commission
752	750		17 and its staff, which must be in a total amount sufficient to cover its
753	751		18 annual budget as approved each year for which revenue is not
754	752		19 provided by other sources. The aggregate annual assessment
755	753		20 amount for member states shall be allocated based on a formula
756	754		21 that the commission promulgates by rule.
757	755		22 (d) The commission shall not:
758	756		23 (1) incur obligations of any kind before securing the funds
759	757		24 adequate to meet the same; or
760	758		25 (2) pledge the credit of any of the member states, except by
761	759		26 and with the authority of the member state.
762	760		27 (e) The commission shall keep accurate accounts of all receipts
763	761		28 and disbursements. The receipts and disbursements of the
764	762		29 commission are subject to the financial review and accounting
765	763		30 procedures established under its bylaws. However, all receipts and
766	764		31 disbursements of funds handled by the commission are subject to
767	765		32 an annual financial review by a certified or licensed public
768	766		33 accountant, and the report of the financial review shall be included
769	767		34 in and become part of the annual report of the commission.
770	768		35 Sec. 10. (a) Except as provided in subsection (b), the members,
771	769		36 officers, executive director, employees, and representatives of the
772	770		37 commission are immune from suit and liability, both personally
773	771		38 and in their official capacity, for a claim for damage to or loss of
774	772		39 property, personal injury, or other civil liability caused by or
775	773		40 arising out of:
776	774		41 (1) an actual or alleged act, error, or omission that occurred;
777	775		42 or
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779	777		1 (2) as determined by the commission, that the person against
780	778		2 whom the claim is made had a reasonable basis for believing
781	779		3 occurred within the scope of commission employment, duties,
782	780		4 or responsibilities.
783	781		5 (b) An individual is not immune under subsection (a) for the
784	782		6 individual's:
785	783		7 (1) intentional misconduct; or
786	784		8 (2) willful or wanton misconduct.
787	785		9 (c) The commission's procurement of insurance of any type shall
788	786		10 not in any way compromise or limit the immunity granted in this
789	787		11 section.
790	788		12 (d) Except as provided in subsection (e), the commission shall
791	789		13 defend any member, officer, executive director, employee, and
792	790		14 representative of the commission in any civil action seeking to
793	791		15 impose liability arising out of any actual or alleged act, error, or
794	792		16 omission:
795	793		17 (1) that occurred within the scope of commission employment,
796	794		18 duties, or responsibilities; or
797	795		19 (2) as determined by the commission, that the person against
798	796		20 whom the claim is made had a reasonable basis for believing
799	797		21 occurred within the scope of commission employment, duties,
800	798		22 or responsibilities.
801	799		23 However, this subsection does not prohibit that person from
802	800		24 retaining their own counsel at their own expense.
803	801		25 (e) The commission is not required to defend an individual
804	802		26 described in subsection (d) if the individual's actual or alleged act,
805	803		27 error, or omission was:
806	804		28 (1) intentional misconduct; or
807	805		29 (2) willful or wanton misconduct.
808	806		30 (f) Subject to subsection (g), the commission shall indemnify and
809	807		31 hold harmless any member, officer, executive director, employee,
810	808		32 and representative of the commission for the amount of any
811	809		33 settlement or judgment obtained against that person arising out of
812	810		34 any actual or alleged act, error, or omission:
813	811		35 (1) that occurred within the scope of commission employment,
814	812		36 duties, or responsibilities; or
815	813		37 (2) that the person had a reasonable basis for believing
816	814		38 occurred within the scope of commission employment, duties,
817	815		39 or responsibilities.
818	816		40 (g) The commission is not required to indemnify and hold
819	817		41 harmless a person described in subsection (f) if the actual or
820	818		42 alleged act, error, or omission was:
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822	820		1 (1) intentional misconduct; or
823	821		2 (2) willful or wanton misconduct.
824	822		3 (h) This compact does not limit the liability of any licensee for
825	823		4 professional malpractice or misconduct, which is governed solely
826	824		5 by any other applicable state laws.
827	825		6 (i) This compact does not waive or otherwise abrogate a
828	826		7 member state's state action immunity or state action affirmative
829	827		8 defense with respect to antitrust claims under the Sherman Act,
830	828		9 Clayton Act, or any other state or federal antitrust or
831	829		10 anticompetitive law or regulation.
832	830		11 (j) This compact is not a waiver of sovereign immunity by the
833	831		12 member states or by the commission.
834	832		13 Chapter 11. Data System
835	833		14 Sec. 1. The commission shall provide for the development,
836	834		15 maintenance, operation, and utilization of a coordinated data
837	835		16 system.
838	836		17 Sec. 2. (a) The commission shall assign each applicant for a
839	837		18 multistate license a unique identifier, as determined by the rules of
840	838		19 the commission.
841	839		20 (b) Notwithstanding any other provision of state law to the
842	840		21 contrary, a member state shall submit a uniform data set to the
843	841		22 data system on all individuals to whom this compact is applicable
844	842		23 as required by the rules of the commission, including:
845	843		24 (1) identifying information;
846	844		25 (2) licensure data;
847	845		26 (3) adverse actions against a license and information related
848	846		27 thereto;
849	847		28 (4) nonconfidential information related to alternative
850	848		29 program participation, the beginning and ending dates of the
851	849		30 participation, and other information related to the
852	850		31 participation not made confidential under member state law;
853	851		32 (5) any denial of application for licensure and the reason(s)
854	852		33 for the denial;
855	853		34 (6) the presence of current significant investigative
856	854		35 information; and
857	855		36 (7) other information that may facilitate the administration of
858	856		37 this compact or the protection of the public, as determined by
859	857		38 the rules of the commission.
860	858		39 Sec. 3. The records and information provided to a member state
861	859		40 under this compact or through the data system, when certified by
862	860		41 the commission or an agent thereof, constitute the authenticated
863	861		42 business records of the commission, and are entitled to any
864		-	SB 163—LS 6532/DI 148 21
	862	+	2025 IN 163—LS 6532/DI 148 21
865	863		1 associated hearsay exception in any relevant judicial,
866	864		2 quasi-judicial, or administrative proceedings in a member state.
867	865		3 Sec. 4. (a) Current significant investigative information
868	866		4 pertaining to a licensee in any member state will only be available
869	867		5 to other member states.
870	868		6 (b) It is the responsibility of the member states to:
871	869		7 (1) report any adverse action against a licensee; and
872	870		8 (2) monitor the data base to determine whether adverse action
873	871		9 has been taken against a licensee.
874	872		10 Adverse action information pertaining to a licensee in any member
875	873		11 state will be available to any other member state.
876	874		12 Sec. 5. (a) Member states contributing information to the data
877	875		13 system may designate information that may not be shared with the
878	876		14 public without the express permission of the contributing state.
879		-	15 (b) Any information submitted to the data system that is
880		-	16 subsequently expunged under federal law or the laws of the
881		-	17 member state contributing the information must be removed from
882		-	18 the data system.
883		-	19 Chapter 12. Rulemaking
884		-	20 Sec. 1. (a) The commission shall promulgate reasonable rules to
885		-	21 effectively and efficiently implement and administer the purposes
886		-	22 and provisions of the compact. A rule is invalid and has no force or
887		-	23 effect only if a court of competent jurisdiction holds that the rule
888		-	24 is invalid because the commission exercised its rulemaking
889		-	25 authority in a manner that is:
890		-	26 (1) beyond the scope and purposes of the compact;
891		-	27 (2) beyond the powers granted by the compact; or
892		-	28 (3) based on another applicable standard of review.
893		-	29 (b) The rules of the commission have the force of law in each
894		-	30 member state. However, where the rules of the commission conflict
895		-	31 with the laws of the member state that establish the member state's
896		-	32 laws, regulations, and applicable standards that govern the
897		-	33 practice of social work, as held by a court of competent
898		-	34 jurisdiction, the rules of the commission are ineffective in that state
899		-	35 to the extent of the conflict.
900		-	36 (c) The commission shall exercise its rulemaking powers
901		-	37 according to the criteria set forth in this chapter and the rules
902		-	38 adopted thereunder. Rules are binding on:
903		-	39 (1) the day following adoption; or
904		-	40 (2) the date specified in the rule or amendment;
905		-	41 whichever is later.
906		-	42 (d) If a majority of the legislatures of the member states rejects
907		-	SB 163—LS 6532/DI 148 22
908		-	1 a rule or portion of a rule, by enactment of a statute or resolution
909		-	2 in the same manner used to adopt the compact within four (4)
910		-	3 years of the date of adoption of the rule, then the rule has no
911		-	4 further force and effect in any member state.
912		-	5 (e) Rules are adopted at a regular or special meeting of the
913		-	6 commission.
914		-	7 Sec. 2. (a) Before adoption of a proposed rule, the commission
915		-	8 shall:
916		-	9 (1) hold a public hearing and allow persons to provide oral
917		-	10 and written comments, data, facts, opinions, and arguments;
918		-	11 and
919		-	12 (2) provide, at least thirty (30) days in advance of the meeting
920		-	13 at which the commission will hold a public hearing on the
921		-	14 proposed rule, a notice of proposed rulemaking:
922		-	15 (A) on the website of the commission or other publicly
923		-	16 accessible platform;
924		-	17 (B) to persons who have requested notice of the
925		-	18 commission's notices of proposed rulemaking; and
926		-	19 (C) in other ways as the commission may by rule specify.
927		-	20 (b) The commission shall include in the notice of proposed
928		-	21 rulemaking the following:
929		-	22 (1) The time, date, and location of the public hearing at which
930		-	23 the commission will hear public comments on the proposed
931		-	24 rule and, if different, the time, date, and location of the
932		-	25 meeting where the commission will consider and vote on the
933		-	26 proposed rule.
934		-	27 (2) If the hearing is held via telecommunication, video
935		-	28 conference, or other electronic means, include the mechanism
936		-	29 for access to the hearing in the notice of proposed rulemaking.
937		-	30 (3) The text of the proposed rule and the reason therefor.
938		-	31 (4) A request for comments on the proposed rule from any
939		-	32 interested person.
940		-	33 (5) The manner in which interested persons may submit
941		-	34 written comments.
942		-	35 (c) All hearings are recorded. A copy of the recording and all
943		-	36 written comments and documents received by the commission in
944		-	37 response to the proposed rule are available to the public.
945		-	38 (d) This section does not require a separate hearing on each
946		-	39 rule. Rules may be grouped for the convenience of the commission
947		-	40 at hearings required by this section.
948		-	41 (e) The commission shall, by majority vote of all members, take
949		-	42 final action on the proposed rule based on the rulemaking record
950		-	SB 163—LS 6532/DI 148 23
951		-	1 and the full text of the rule.
952		-	2 (f) The commission:
953		-	3 (1) may adopt changes to the proposed rule if the changes do
954		-	4 not enlarge the original purpose of the proposed rule; and
955		-	5 (2) shall:
956		-	6 (A) provide an explanation of the reasons for:
957		-	7 (i) substantive changes made to the proposed rule; and
958		-	8 (ii) substantive changes not made that were
959		-	9 recommended by commenters; and
960		-	10 (B) determine a reasonable effective date for the rule.
961		-	11 Except for an emergency as provided in section 3 of this
962		-	12 chapter, the effective date of the rule must be no sooner
963		-	13 than thirty (30) days after issuing the notice that it adopted
964		-	14 or amended the rule.
965		-	15 Sec. 3. Upon determination that an emergency exists, the
966		-	16 commission may consider and adopt an emergency rule with
967		-	17 forty-eight (48) hours notice, with opportunity to comment, if the
968		-	18 usual rulemaking procedures provided in the compact and in this
969		-	19 chapter are retroactively applied to the rule as soon as reasonably
970		-	20 possible, in no event later than ninety (90) days after the effective
971		-	21 date of the rule. For the purposes of this section, an emergency rule
972		-	22 is a rule that must be adopted immediately to:
973		-	23 (1) meet an imminent threat to public health, safety, or
974		-	24 welfare;
975		-	25 (2) prevent a loss of commission or member state funds;
976		-	26 (3) meet a deadline for the promulgation of a rule that is
977		-	27 established by federal law or rule; or
978		-	28 (4) protect public health and safety.
979		-	29 Sec. 4. (a) The commission or an authorized committee of the
980		-	30 commission may direct revisions to a previously adopted rule for
981		-	31 purposes of correcting typographical errors, errors in format,
982		-	32 errors in consistency, or grammatical errors.
983		-	33 (b) Public notice of any revisions must be posted on the
984		-	34 commission's website.
985		-	35 (c) A revision under this section is subject to challenge by any
986		-	36 person for a period of thirty (30) days after posting.
987		-	37 (d) The revision may be challenged only on grounds that the
988		-	38 revision results in a material change to a rule.
989		-	39 (e) A challenge must be:
990		-	40 (1) made in writing; and
991		-	41 (2) delivered to the commission before the end of the notice
992		-	42 period.
993		-	SB 163—LS 6532/DI 148 24
994		-	1 (f) If no challenge is made, the revision will take effect without
995		-	2 further action.
996		-	3 (g) If the revision is challenged, the revision may not take effect
997		-	4 without the approval of the commission.
998		-	5 Sec. 5. No member state's rulemaking requirements apply under
999		-	6 this compact.
1000		-	7 Chapter 13. Oversight, Dispute Resolution, and Enforcement
1001		-	8 Sec. 1. The executive and judicial branches of state government
1002		-	9 in each member state shall enforce this compact and take all
1003		-	10 actions necessary and appropriate to implement the compact.
1004		-	11 Sec. 2. (a) Except as otherwise provided in this compact, venue
1005		-	12 is proper and judicial proceedings by or against the commission
1006		-	13 must be brought solely and exclusively in a court of competent
1007		-	14 jurisdiction where the principal office of the commission is located.
1008		-	15 (b) The commission may waive venue and jurisdictional
1009		-	16 defenses to the extent it adopts or consents to participate in
1010		-	17 alternative dispute resolution proceedings.
1011		-	18 (c) This section does not affect or limit the selection or propriety
1012		-	19 of venue in any action against a licensee for professional
1013		-	20 malpractice, misconduct, or any other similar matter.
1014		-	21 Sec. 3. (a) The commission:
1015		-	22 (1) is entitled to receive service of process in any proceeding
1016		-	23 regarding the enforcement or interpretation of the compact;
1017		-	24 and
1018		-	25 (2) has standing to intervene in the proceeding for all
1019		-	26 purposes.
1020		-	27 (b) Failure to provide the commission service of process renders
1021		-	28 a judgment or order void as to the commission, this compact, or
1022		-	29 promulgated rules.
1023		-	30 Sec. 4. (a) If the commission determines that a member state has
1024		-	31 defaulted in the performance of its obligations or responsibilities
1025		-	32 under this compact or the promulgated rules, the commission shall
1026		-	33 provide written notice to the defaulting state. The notice of default
1027		-	34 must:
1028		-	35 (1) describe the default, the proposed means of curing the
1029		-	36 default, and any other action that the commission may take;
1030		-	37 and
1031		-	38 (2) offer training and specific technical assistance regarding
1032		-	39 the default.
1033		-	40 (b) The commission shall provide a copy of the notice of default
1034		-	41 to the other member states.
1035		-	42 (c) If a state in default fails to cure the default, the defaulting
1036		-	SB 163—LS 6532/DI 148 25
1037		-	1 state may be terminated from the compact upon an affirmative
1038		-	2 vote of a majority of the delegates of the member states, and all
1039		-	3 rights, privileges, and benefits conferred on that state by this
1040		-	4 compact may be terminated on the effective date of termination. A
1041		-	5 cure of the default does not relieve the offending state of
1042		-	6 obligations or liabilities incurred during the period of default.
1043		-	7 (d) Termination of membership in the compact shall be imposed
1044		-	8 only after all other means of securing compliance have been
1045		-	9 exhausted. The commission shall give notice of intent to suspend or
1046		-	10 terminate to:
1047		-	11 (1) the governor of the defaulting state;
1048		-	12 (2) the majority and minority leaders of the defaulting state's
1049		-	13 legislature;
1050		-	14 (3) the defaulting state's state licensing authority; and
1051		-	15 (4) each of the member states' licensing authorities.
1052		-	16 (e) A state that has been terminated is responsible for all
1053		-	17 assessments, obligations, and liabilities incurred through the
1054		-	18 effective date of termination, including obligations that extend
1055		-	19 beyond the effective date of termination.
1056		-	20 (f) If a state's membership from this compact is terminated, that
1057		-	21 state shall:
1058		-	22 (1) immediately provide notice to all licensees within that state
1059		-	23 of the termination; and
1060		-	24 (2) continue to recognize all licenses granted under this
1061		-	25 compact for a minimum of six (6) months after the date of the
1062		-	26 notice of termination.
1063		-	27 (g) The commission shall not bear any costs related to a state
1064		-	28 that is found to be in default or that has been terminated from the
1065		-	29 compact, unless agreed upon in writing between the commission
1066		-	30 and the defaulting state.
1067		-	31 (h) The defaulting state may appeal the action of the commission
1068		-	32 by petitioning the United States District Court for the District of
1069		-	33 Columbia or the federal district where the commission has its
1070		-	34 principal offices. The prevailing party shall be awarded all costs of
1071		-	35 litigation, including reasonable attorney's fees.
1072		-	36 Sec. 5. (a) Upon request by a member state, the commission
1073		-	37 shall attempt to resolve disputes related to the compact that arise
1074		-	38 among member states and between member and nonmember
1075		-	39 states.
1076		-	40 (b) The commission shall promulgate a rule providing for both
1077		-	41 mediation and binding dispute resolution for disputes as
1078		-	42 appropriate.
1079		-	SB 163—LS 6532/DI 148 26
1080		-	1 Sec. 6. (a) By majority vote as provided by rule, the commission
1081		-	2 may initiate legal action against a member state in default in the
1082		-	3 United States District Court for the District of Columbia or the
1083		-	4 federal district where the commission has its principal offices to
1084		-	5 enforce compliance with the provisions of the compact and its
1085		-	6 promulgated rules. The relief sought may include both injunctive
1086		-	7 relief and damages. In the event judicial enforcement is necessary,
1087		-	8 the prevailing party shall be awarded all costs of litigation,
1088		-	9 including reasonable attorney's fees. The remedies under this
1089		-	10 subsection are not the exclusive remedies of the commission. The
1090		-	11 commission may pursue any other remedies available under
1091		-	12 federal or the defaulting member state's law.
1092		-	13 (b) A member state may initiate legal action against the
1093		-	14 commission in the United States District Court for the District of
1094		-	15 Columbia or the federal district where the commission has its
1095		-	16 principal offices to enforce compliance with the provisions of the
1096		-	17 compact and its promulgated rules. The relief sought may include
1097		-	18 both injunctive relief and damages. In the event judicial
1098		-	19 enforcement is necessary, the prevailing party shall be awarded all
1099		-	20 costs of litigation, including reasonable attorney's fees.
1100		-	21 (c) No person other than a member state shall enforce this
1101		-	22 compact against the commission.
1102		-	23 Chapter 14. Effective Date, Withdrawal, and Amendment
1103		-	24 Sec. 1. The compact comes into effect on the date on which the
1104		-	25 compact statute is enacted into law in the seventh member state.
1105		-	26 Sec. 2. (a) On or after the effective date of the compact, the
1106		-	27 commission shall convene and review the enactment of each of the
1107		-	28 first seven (7) member states (charter member states) to determine
1108		-	29 if the statute enacted by each charter member state is materially
1109		-	30 different than the model compact statute.
1110		-	31 (b) A charter member state whose enactment is found to be
1111		-	32 materially different from the model compact statute is entitled to
1112		-	33 the default process under IC 25-44-13.
1113		-	34 (c) If any member state is later found to be in default, or is
1114		-	35 terminated or withdraws from the compact, the commission
1115		-	36 remains in existence and remains in effect even if the number of
1116		-	37 member states is less than seven (7).
1117		-	38 Sec. 3. Member states enacting the compact after the seven (7)
1118		-	39 initial charter member states are subject to review by the
1119		-	40 commission under IC 25-44-10-3(21) to determine if their
1120		-	41 enactments are materially different from the model compact
1121		-	42 statute and whether they qualify for participation in the compact.
1122		-	SB 163—LS 6532/DI 148 27
1123		-	1 Sec. 4. All actions taken for the benefit of the commission or in
1124		-	2 furtherance of the purposes of the administration of the compact
1125		-	3 before the effective date of the compact or the commission coming
1126		-	4 into existence are considered to be actions of the commission unless
1127		-	5 specifically repudiated by the commission.
1128		-	6 Sec. 5. Any state that joins the compact after the commission's
1129		-	7 initial adoption of the rules and bylaws is subject to the rules and
1130		-	8 bylaws as they exist on the date on which the compact becomes law
1131		-	9 in that state. Any rule that has been previously adopted by the
1132		-	10 commission has the full force and effect of law on the day the
1133		-	11 compact becomes law in that state.
1134		-	12 Sec. 6. (a) Any member state may withdraw from this compact
1135		-	13 by enacting a statute repealing the compact statute.
1136		-	14 (b) A member state's withdrawal does not take effect until one
1137		-	15 hundred eighty (180) days after enactment of the repealing statute.
1138		-	16 (c) Withdrawal does not affect the continuing requirement of
1139		-	17 the withdrawing state's licensing authority to comply with the
1140		-	18 investigative and adverse action reporting requirements of this
1141		-	19 compact before the effective date of withdrawal.
1142		-	20 (d) Upon the enactment of a statute withdrawing from this
1143		-	21 compact, a state shall immediately provide notice of the
1144		-	22 withdrawal to all licensees within that state.
1145		-	23 (e) Notwithstanding any subsequent statutory enactment to the
1146		-	24 contrary, the withdrawing state shall continue to recognize all
1147		-	25 licenses granted under this compact for a minimum of one hundred
1148		-	26 eighty (180) days after the date of the notice of withdrawal.
1149		-	27 Sec. 7. This compact does not invalidate or prevent any
1150		-	28 licensure agreement or other cooperative arrangement between a
1151		-	29 member state and a nonmember state that does not conflict with
1152		-	30 the provisions of this compact.
1153		-	31 Sec. 8. (a) This compact may be amended by the member states.
1154		-	32 (b) An amendment to this compact is not effective and binding
1155		-	33 on any member state until it is enacted into the laws of all member
1156		-	34 states.
1157		-	35 Chapter 15. Construction and Severability
1158		-	36 Sec. 1. This compact and the commission's rulemaking authority
1159		-	37 shall be liberally construed so as to effectuate the purposes, and the
1160		-	38 implementation and administration of the compact. Provisions of
1161		-	39 the compact expressly authorizing or requiring the promulgation
1162		-	40 of rules do not limit the commission's rulemaking authority solely
1163		-	41 for those purposes.
1164		-	42 Sec. 2. The provisions of this compact are severable, and if:
1165		-	SB 163—LS 6532/DI 148 28
1166		-	1 (1) any phrase, clause, sentence, or provision of this compact
1167		-	2 is held to be contrary to the constitution of any member state,
1168		-	3 a state seeking participation in the compact, or the United
1169		-	4 States; or
1170		-	5 (2) the applicability thereof to any government, agency,
1171		-	6 person, or circumstance is held to be unconstitutional;
1172		-	7 by a court of competent jurisdiction, the remainder of this compact
1173		-	8 and the applicability to any other government, agency, person, or
1174		-	9 circumstance remains valid.
1175		-	10 Sec. 3. Notwithstanding section 2 of this chapter, the commission
1176		-	11 may deny a state's participation in the compact or, according to the
1177		-	12 requirements of IC 25-44-13-4, terminate a member state's
1178		-	13 participation in the compact, if it determines that a constitutional
1179		-	14 requirement of a member state is a material departure from the
1180		-	15 compact. Otherwise, if this compact is held to be contrary to the
1181		-	16 constitution of any member state, the compact remains in full force
1182		-	17 and effect as to the remaining member states and in full force and
1183		-	18 effect as to the member state affected as to all severable matters.
1184		-	19 Chapter 16. Consistent Effect and Conflict with Other State
1185		-	20 Laws
1186		-	21 Sec. 1. A licensee providing services in a remote state under a
1187		-	22 multistate authorization to practice shall adhere to the laws and
1188		-	23 regulations, including applicable standards, of the remote state
1189		-	24 where the client is located at the time care is rendered.
1190		-	25 Sec. 2. (a) This compact does not prevent or inhibit the
1191		-	26 enforcement of any other law of a member state that is not
1192		-	27 inconsistent with the compact.
1193		-	28 (b) Any laws, statutes, regulations, or other legal requirements
1194		-	29 in a member state in conflict with the compact are superseded to
1195		-	30 the extent of the conflict.
1196		-	31 Sec. 3. All permissible agreements between the commission and
1197		-	32 the member states are binding according to their terms.
1198		-	33 SECTION 2. IC 34-30-2.1-390.2 IS ADDED TO THE INDIANA
1199		-	34 CODE AS A NEW SECTION TO READ AS FOLLOWS
1200		-	35 [EFFECTIVE JULY 1, 2025]: Sec. 390.2. IC 25-44-10-10
1201		-	36 (Concerning the members, officers, executive director, employees,
1202		-	37 and representatives of the social work licensure compact
1203		-	38 commission).
1204		-	SB 163—LS 6532/DI 148 29
1205		-	COMMITTEE REPORT
1206		-	Mr. President: The Senate Committee on Health and Provider
1207		-	Services, to which was referred Senate Bill No. 163, has had the same
1208		-	under consideration and begs leave to report the same back to the
1209		-	Senate with the recommendation that said bill be AMENDED as
1210		-	follows:
1211		-	Page 21, line 15, delete "The commission shall remove from the
1212		-	data system any" and insert "Any".
1213		-	Page 21, line 16, after "submitted" insert "to the data system".
1214		-	Page 21, line 17, delete "." and insert "must be removed from the
1215		-	data system.".
1216		-	and when so amended that said bill do pass and be reassigned to the
1217		-	Senate Committee on Appropriations.
1218		-	(Reference is to SB 163 as introduced.)
1219		-	CHARBONNEAU, Chairperson
1220		-	Committee Vote: Yeas 11, Nays 0.
1221		-	SB 163—LS 6532/DI 148
	877	+	15 (b) The commission shall remove from the data system any
	878	+	16 information submitted that is subsequently expunged under federal
	879	+	17 law or the laws of the member state contributing the information.
	880	+	18 Chapter 12. Rulemaking
	881	+	19 Sec. 1. (a) The commission shall promulgate reasonable rules to
	882	+	20 effectively and efficiently implement and administer the purposes
	883	+	21 and provisions of the compact. A rule is invalid and has no force or
	884	+	22 effect only if a court of competent jurisdiction holds that the rule
	885	+	23 is invalid because the commission exercised its rulemaking
	886	+	24 authority in a manner that is:
	887	+	25 (1) beyond the scope and purposes of the compact;
	888	+	26 (2) beyond the powers granted by the compact; or
	889	+	27 (3) based on another applicable standard of review.
	890	+	28 (b) The rules of the commission have the force of law in each
	891	+	29 member state. However, where the rules of the commission conflict
	892	+	30 with the laws of the member state that establish the member state's
	893	+	31 laws, regulations, and applicable standards that govern the
	894	+	32 practice of social work, as held by a court of competent
	895	+	33 jurisdiction, the rules of the commission are ineffective in that state
	896	+	34 to the extent of the conflict.
	897	+	35 (c) The commission shall exercise its rulemaking powers
	898	+	36 according to the criteria set forth in this chapter and the rules
	899	+	37 adopted thereunder. Rules are binding on:
	900	+	38 (1) the day following adoption; or
	901	+	39 (2) the date specified in the rule or amendment;
	902	+	40 whichever is later.
	903	+	41 (d) If a majority of the legislatures of the member states rejects
	904	+	42 a rule or portion of a rule, by enactment of a statute or resolution
	905	+	2025 IN 163—LS 6532/DI 148 22
	906	+	1 in the same manner used to adopt the compact within four (4)
	907	+	2 years of the date of adoption of the rule, then the rule has no
	908	+	3 further force and effect in any member state.
	909	+	4 (e) Rules are adopted at a regular or special meeting of the
	910	+	5 commission.
	911	+	6 Sec. 2. (a) Before adoption of a proposed rule, the commission
	912	+	7 shall:
	913	+	8 (1) hold a public hearing and allow persons to provide oral
	914	+	9 and written comments, data, facts, opinions, and arguments;
	915	+	10 and
	916	+	11 (2) provide, at least thirty (30) days in advance of the meeting
	917	+	12 at which the commission will hold a public hearing on the
	918	+	13 proposed rule, a notice of proposed rulemaking:
	919	+	14 (A) on the website of the commission or other publicly
	920	+	15 accessible platform;
	921	+	16 (B) to persons who have requested notice of the
	922	+	17 commission's notices of proposed rulemaking; and
	923	+	18 (C) in other ways as the commission may by rule specify.
	924	+	19 (b) The commission shall include in the notice of proposed
	925	+	20 rulemaking the following:
	926	+	21 (1) The time, date, and location of the public hearing at which
	927	+	22 the commission will hear public comments on the proposed
	928	+	23 rule and, if different, the time, date, and location of the
	929	+	24 meeting where the commission will consider and vote on the
	930	+	25 proposed rule.
	931	+	26 (2) If the hearing is held via telecommunication, video
	932	+	27 conference, or other electronic means, include the mechanism
	933	+	28 for access to the hearing in the notice of proposed rulemaking.
	934	+	29 (3) The text of the proposed rule and the reason therefor.
	935	+	30 (4) A request for comments on the proposed rule from any
	936	+	31 interested person.
	937	+	32 (5) The manner in which interested persons may submit
	938	+	33 written comments.
	939	+	34 (c) All hearings are recorded. A copy of the recording and all
	940	+	35 written comments and documents received by the commission in
	941	+	36 response to the proposed rule are available to the public.
	942	+	37 (d) This section does not require a separate hearing on each
	943	+	38 rule. Rules may be grouped for the convenience of the commission
	944	+	39 at hearings required by this section.
	945	+	40 (e) The commission shall, by majority vote of all members, take
	946	+	41 final action on the proposed rule based on the rulemaking record
	947	+	42 and the full text of the rule.
	948	+	2025 IN 163—LS 6532/DI 148 23
	949	+	1 (f) The commission:
	950	+	2 (1) may adopt changes to the proposed rule if the changes do
	951	+	3 not enlarge the original purpose of the proposed rule; and
	952	+	4 (2) shall:
	953	+	5 (A) provide an explanation of the reasons for:
	954	+	6 (i) substantive changes made to the proposed rule; and
	955	+	7 (ii) substantive changes not made that were
	956	+	8 recommended by commenters; and
	957	+	9 (B) determine a reasonable effective date for the rule.
	958	+	10 Except for an emergency as provided in section 3 of this
	959	+	11 chapter, the effective date of the rule must be no sooner
	960	+	12 than thirty (30) days after issuing the notice that it adopted
	961	+	13 or amended the rule.
	962	+	14 Sec. 3. Upon determination that an emergency exists, the
	963	+	15 commission may consider and adopt an emergency rule with
	964	+	16 forty-eight (48) hours notice, with opportunity to comment, if the
	965	+	17 usual rulemaking procedures provided in the compact and in this
	966	+	18 chapter are retroactively applied to the rule as soon as reasonably
	967	+	19 possible, in no event later than ninety (90) days after the effective
	968	+	20 date of the rule. For the purposes of this section, an emergency rule
	969	+	21 is a rule that must be adopted immediately to:
	970	+	22 (1) meet an imminent threat to public health, safety, or
	971	+	23 welfare;
	972	+	24 (2) prevent a loss of commission or member state funds;
	973	+	25 (3) meet a deadline for the promulgation of a rule that is
	974	+	26 established by federal law or rule; or
	975	+	27 (4) protect public health and safety.
	976	+	28 Sec. 4. (a) The commission or an authorized committee of the
	977	+	29 commission may direct revisions to a previously adopted rule for
	978	+	30 purposes of correcting typographical errors, errors in format,
	979	+	31 errors in consistency, or grammatical errors.
	980	+	32 (b) Public notice of any revisions must be posted on the
	981	+	33 commission's website.
	982	+	34 (c) A revision under this section is subject to challenge by any
	983	+	35 person for a period of thirty (30) days after posting.
	984	+	36 (d) The revision may be challenged only on grounds that the
	985	+	37 revision results in a material change to a rule.
	986	+	38 (e) A challenge must be:
	987	+	39 (1) made in writing; and
	988	+	40 (2) delivered to the commission before the end of the notice
	989	+	41 period.
	990	+	42 (f) If no challenge is made, the revision will take effect without
	991	+	2025 IN 163—LS 6532/DI 148 24
	992	+	1 further action.
	993	+	2 (g) If the revision is challenged, the revision may not take effect
	994	+	3 without the approval of the commission.
	995	+	4 Sec. 5. No member state's rulemaking requirements apply under
	996	+	5 this compact.
	997	+	6 Chapter 13. Oversight, Dispute Resolution, and Enforcement
	998	+	7 Sec. 1. The executive and judicial branches of state government
	999	+	8 in each member state shall enforce this compact and take all
	1000	+	9 actions necessary and appropriate to implement the compact.
	1001	+	10 Sec. 2. (a) Except as otherwise provided in this compact, venue
	1002	+	11 is proper and judicial proceedings by or against the commission
	1003	+	12 must be brought solely and exclusively in a court of competent
	1004	+	13 jurisdiction where the principal office of the commission is located.
	1005	+	14 (b) The commission may waive venue and jurisdictional
	1006	+	15 defenses to the extent it adopts or consents to participate in
	1007	+	16 alternative dispute resolution proceedings.
	1008	+	17 (c) This section does not affect or limit the selection or propriety
	1009	+	18 of venue in any action against a licensee for professional
	1010	+	19 malpractice, misconduct, or any other similar matter.
	1011	+	20 Sec. 3. (a) The commission:
	1012	+	21 (1) is entitled to receive service of process in any proceeding
	1013	+	22 regarding the enforcement or interpretation of the compact;
	1014	+	23 and
	1015	+	24 (2) has standing to intervene in the proceeding for all
	1016	+	25 purposes.
	1017	+	26 (b) Failure to provide the commission service of process renders
	1018	+	27 a judgment or order void as to the commission, this compact, or
	1019	+	28 promulgated rules.
	1020	+	29 Sec. 4. (a) If the commission determines that a member state has
	1021	+	30 defaulted in the performance of its obligations or responsibilities
	1022	+	31 under this compact or the promulgated rules, the commission shall
	1023	+	32 provide written notice to the defaulting state. The notice of default
	1024	+	33 must:
	1025	+	34 (1) describe the default, the proposed means of curing the
	1026	+	35 default, and any other action that the commission may take;
	1027	+	36 and
	1028	+	37 (2) offer training and specific technical assistance regarding
	1029	+	38 the default.
	1030	+	39 (b) The commission shall provide a copy of the notice of default
	1031	+	40 to the other member states.
	1032	+	41 (c) If a state in default fails to cure the default, the defaulting
	1033	+	42 state may be terminated from the compact upon an affirmative
	1034	+	2025 IN 163—LS 6532/DI 148 25
	1035	+	1 vote of a majority of the delegates of the member states, and all
	1036	+	2 rights, privileges, and benefits conferred on that state by this
	1037	+	3 compact may be terminated on the effective date of termination. A
	1038	+	4 cure of the default does not relieve the offending state of
	1039	+	5 obligations or liabilities incurred during the period of default.
	1040	+	6 (d) Termination of membership in the compact shall be imposed
	1041	+	7 only after all other means of securing compliance have been
	1042	+	8 exhausted. The commission shall give notice of intent to suspend or
	1043	+	9 terminate to:
	1044	+	10 (1) the governor of the defaulting state;
	1045	+	11 (2) the majority and minority leaders of the defaulting state's
	1046	+	12 legislature;
	1047	+	13 (3) the defaulting state's state licensing authority; and
	1048	+	14 (4) each of the member states' licensing authorities.
	1049	+	15 (e) A state that has been terminated is responsible for all
	1050	+	16 assessments, obligations, and liabilities incurred through the
	1051	+	17 effective date of termination, including obligations that extend
	1052	+	18 beyond the effective date of termination.
	1053	+	19 (f) If a state's membership from this compact is terminated, that
	1054	+	20 state shall:
	1055	+	21 (1) immediately provide notice to all licensees within that state
	1056	+	22 of the termination; and
	1057	+	23 (2) continue to recognize all licenses granted under this
	1058	+	24 compact for a minimum of six (6) months after the date of the
	1059	+	25 notice of termination.
	1060	+	26 (g) The commission shall not bear any costs related to a state
	1061	+	27 that is found to be in default or that has been terminated from the
	1062	+	28 compact, unless agreed upon in writing between the commission
	1063	+	29 and the defaulting state.
	1064	+	30 (h) The defaulting state may appeal the action of the commission
	1065	+	31 by petitioning the United States District Court for the District of
	1066	+	32 Columbia or the federal district where the commission has its
	1067	+	33 principal offices. The prevailing party shall be awarded all costs of
	1068	+	34 litigation, including reasonable attorney's fees.
	1069	+	35 Sec. 5. (a) Upon request by a member state, the commission
	1070	+	36 shall attempt to resolve disputes related to the compact that arise
	1071	+	37 among member states and between member and nonmember
	1072	+	38 states.
	1073	+	39 (b) The commission shall promulgate a rule providing for both
	1074	+	40 mediation and binding dispute resolution for disputes as
	1075	+	41 appropriate.
	1076	+	42 Sec. 6. (a) By majority vote as provided by rule, the commission
	1077	+	2025 IN 163—LS 6532/DI 148 26
	1078	+	1 may initiate legal action against a member state in default in the
	1079	+	2 United States District Court for the District of Columbia or the
	1080	+	3 federal district where the commission has its principal offices to
	1081	+	4 enforce compliance with the provisions of the compact and its
	1082	+	5 promulgated rules. The relief sought may include both injunctive
	1083	+	6 relief and damages. In the event judicial enforcement is necessary,
	1084	+	7 the prevailing party shall be awarded all costs of litigation,
	1085	+	8 including reasonable attorney's fees. The remedies under this
	1086	+	9 subsection are not the exclusive remedies of the commission. The
	1087	+	10 commission may pursue any other remedies available under
	1088	+	11 federal or the defaulting member state's law.
	1089	+	12 (b) A member state may initiate legal action against the
	1090	+	13 commission in the United States District Court for the District of
	1091	+	14 Columbia or the federal district where the commission has its
	1092	+	15 principal offices to enforce compliance with the provisions of the
	1093	+	16 compact and its promulgated rules. The relief sought may include
	1094	+	17 both injunctive relief and damages. In the event judicial
	1095	+	18 enforcement is necessary, the prevailing party shall be awarded all
	1096	+	19 costs of litigation, including reasonable attorney's fees.
	1097	+	20 (c) No person other than a member state shall enforce this
	1098	+	21 compact against the commission.
	1099	+	22 Chapter 14. Effective Date, Withdrawal, and Amendment
	1100	+	23 Sec. 1. The compact comes into effect on the date on which the
	1101	+	24 compact statute is enacted into law in the seventh member state.
	1102	+	25 Sec. 2. (a) On or after the effective date of the compact, the
	1103	+	26 commission shall convene and review the enactment of each of the
	1104	+	27 first seven (7) member states (charter member states) to determine
	1105	+	28 if the statute enacted by each charter member state is materially
	1106	+	29 different than the model compact statute.
	1107	+	30 (b) A charter member state whose enactment is found to be
	1108	+	31 materially different from the model compact statute is entitled to
	1109	+	32 the default process under IC 25-44-13.
	1110	+	33 (c) If any member state is later found to be in default, or is
	1111	+	34 terminated or withdraws from the compact, the commission
	1112	+	35 remains in existence and remains in effect even if the number of
	1113	+	36 member states is less than seven (7).
	1114	+	37 Sec. 3. Member states enacting the compact after the seven (7)
	1115	+	38 initial charter member states are subject to review by the
	1116	+	39 commission under IC 25-44-10-3(21) to determine if their
	1117	+	40 enactments are materially different from the model compact
	1118	+	41 statute and whether they qualify for participation in the compact.
	1119	+	42 Sec. 4. All actions taken for the benefit of the commission or in
	1120	+	2025 IN 163—LS 6532/DI 148 27
	1121	+	1 furtherance of the purposes of the administration of the compact
	1122	+	2 before the effective date of the compact or the commission coming
	1123	+	3 into existence are considered to be actions of the commission unless
	1124	+	4 specifically repudiated by the commission.
	1125	+	5 Sec. 5. Any state that joins the compact after the commission's
	1126	+	6 initial adoption of the rules and bylaws is subject to the rules and
	1127	+	7 bylaws as they exist on the date on which the compact becomes law
	1128	+	8 in that state. Any rule that has been previously adopted by the
	1129	+	9 commission has the full force and effect of law on the day the
	1130	+	10 compact becomes law in that state.
	1131	+	11 Sec. 6. (a) Any member state may withdraw from this compact
	1132	+	12 by enacting a statute repealing the compact statute.
	1133	+	13 (b) A member state's withdrawal does not take effect until one
	1134	+	14 hundred eighty (180) days after enactment of the repealing statute.
	1135	+	15 (c) Withdrawal does not affect the continuing requirement of
	1136	+	16 the withdrawing state's licensing authority to comply with the
	1137	+	17 investigative and adverse action reporting requirements of this
	1138	+	18 compact before the effective date of withdrawal.
	1139	+	19 (d) Upon the enactment of a statute withdrawing from this
	1140	+	20 compact, a state shall immediately provide notice of the
	1141	+	21 withdrawal to all licensees within that state.
	1142	+	22 (e) Notwithstanding any subsequent statutory enactment to the
	1143	+	23 contrary, the withdrawing state shall continue to recognize all
	1144	+	24 licenses granted under this compact for a minimum of one hundred
	1145	+	25 eighty (180) days after the date of the notice of withdrawal.
	1146	+	26 Sec. 7. This compact does not invalidate or prevent any
	1147	+	27 licensure agreement or other cooperative arrangement between a
	1148	+	28 member state and a nonmember state that does not conflict with
	1149	+	29 the provisions of this compact.
	1150	+	30 Sec. 8. (a) This compact may be amended by the member states.
	1151	+	31 (b) An amendment to this compact is not effective and binding
	1152	+	32 on any member state until it is enacted into the laws of all member
	1153	+	33 states.
	1154	+	34 Chapter 15. Construction and Severability
	1155	+	35 Sec. 1. This compact and the commission's rulemaking authority
	1156	+	36 shall be liberally construed so as to effectuate the purposes, and the
	1157	+	37 implementation and administration of the compact. Provisions of
	1158	+	38 the compact expressly authorizing or requiring the promulgation
	1159	+	39 of rules do not limit the commission's rulemaking authority solely
	1160	+	40 for those purposes.
	1161	+	41 Sec. 2. The provisions of this compact are severable, and if:
	1162	+	42 (1) any phrase, clause, sentence, or provision of this compact
	1163	+	2025 IN 163—LS 6532/DI 148 28
	1164	+	1 is held to be contrary to the constitution of any member state,
	1165	+	2 a state seeking participation in the compact, or the United
	1166	+	3 States; or
	1167	+	4 (2) the applicability thereof to any government, agency,
	1168	+	5 person, or circumstance is held to be unconstitutional;
	1169	+	6 by a court of competent jurisdiction, the remainder of this compact
	1170	+	7 and the applicability to any other government, agency, person, or
	1171	+	8 circumstance remains valid.
	1172	+	9 Sec. 3. Notwithstanding section 2 of this chapter, the commission
	1173	+	10 may deny a state's participation in the compact or, according to the
	1174	+	11 requirements of IC 25-44-13-4, terminate a member state's
	1175	+	12 participation in the compact, if it determines that a constitutional
	1176	+	13 requirement of a member state is a material departure from the
	1177	+	14 compact. Otherwise, if this compact is held to be contrary to the
	1178	+	15 constitution of any member state, the compact remains in full force
	1179	+	16 and effect as to the remaining member states and in full force and
	1180	+	17 effect as to the member state affected as to all severable matters.
	1181	+	18 Chapter 16. Consistent Effect and Conflict with Other State
	1182	+	19 Laws
	1183	+	20 Sec. 1. A licensee providing services in a remote state under a
	1184	+	21 multistate authorization to practice shall adhere to the laws and
	1185	+	22 regulations, including applicable standards, of the remote state
	1186	+	23 where the client is located at the time care is rendered.
	1187	+	24 Sec. 2. (a) This compact does not prevent or inhibit the
	1188	+	25 enforcement of any other law of a member state that is not
	1189	+	26 inconsistent with the compact.
	1190	+	27 (b) Any laws, statutes, regulations, or other legal requirements
	1191	+	28 in a member state in conflict with the compact are superseded to
	1192	+	29 the extent of the conflict.
	1193	+	30 Sec. 3. All permissible agreements between the commission and
	1194	+	31 the member states are binding according to their terms.
	1195	+	32 SECTION 2. IC 34-30-2.1-390.2 IS ADDED TO THE INDIANA
	1196	+	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
	1197	+	34 [EFFECTIVE JULY 1, 2025]: Sec. 390.2. IC 25-44-10-10
	1198	+	35 (Concerning the members, officers, executive director, employees,
	1199	+	36 and representatives of the social work licensure compact
	1200	+	37 commission).
	1201	+	2025 IN 163—LS 6532/DI 148