As Amended by House Committee
Session of 2024
HOUSE BILL No. 2484
By Representative S. Ruiz
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AN ACT concerning the behavioral sciences; relating to social work;
enacting the social work licensure compact to provide interstate
practice privileges; requiring applicants for social work licensure to
submit to a criminal history record check; authorizing the behavioral
sciences regulatory board to establish a fee for a license with compact
practice privileges; amending K.S.A. 2023 Supp. 65-6314 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. This section shall be known and may be cited as the
social work licensure compact.
SECTION 1—PURPOSE
The purpose of this compact is to facilitate interstate practice of
regulated social workers by improving public access to competent social
work services. The compact preserves the regulatory authority of states to
protect public health and safety through the current system of state
licensure. This compact is designed to achieve the following objectives:
(a) Increase public access to social work services;
(b) reduce overly burdensome and duplicative requirements
associated with holding multiple licenses;
(c) enhance the member states' ability to protect the public's health
and safety;
(d) encourage the cooperation of member states in regulating
multistate practice;
(e) promote mobility and address workforce shortages by eliminating
the necessity for licenses in multiple states through the mutual recognition
of other member state licenses;
(f) support military families;
(g) facilitate the exchange of licensure and disciplinary information
among member states;
(h) authorize all member states to hold a regulated social worker
accountable for abiding by a member state's laws, regulations and
applicable professional standards in the member state where the client is
located at the time care is rendered; and
(i) allow for the use of telehealth to facilitate increased access to
regulated social work services.
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SECTION 2—DEFINITIONS
As used in this compact, and except as otherwise provided, the
following definitions shall apply:
(a) "Active military member" means any individual with full-time
duty status in the active armed forces of the United States, including
members of the national guard and reserve.
(b) "Adverse action" means any administrative, civil, equitable or
criminal action permitted by a state's laws that is imposed by a licensing
authority or other authority against a regulated social worker, including
actions against an individual's license or multistate authorization to
practice such as revocation, suspension, probation, monitoring of the
licensee, limitation on the licensee's practice or any other encumbrance on
licensure affecting a regulated social worker's authorization to practice,
including issuance of a cease and desist action.
(c) "Alternative program" means a non-disciplinary monitoring or
practice remediation process approved by a licensing authority to address
practitioners with an impairment.
(d) "Charter member states" means member states that have enacted
legislation to adopt this compact where such legislation predates the
effective date of this compact as described in section 14 of this compact.
(e) "Compact commission" or "commission" means the government
agency whose membership consists of all states that have enacted this
compact, which is known as the social work licensure compact
commission as described in section 10 of this compact, and shall operate
as an instrumentality of the member states.
(f) "Current significant investigative information" means
investigative information that:
(1) A licensing authority, after a preliminary inquiry that includes
notification and an opportunity for the regulated social worker to respond,
has reason to believe is not groundless and, if proved true, would indicate
more than a minor infraction as may be defined by the commission; or
(2) Indicates that the regulated social worker represents an immediate
threat to public health and safety, as may be defined by the commission,
regardless of whether the regulated social worker has been notified and has
had an opportunity to respond.
(g) "Data system" means a repository of information about licensees,
including, continuing education, examination, licensure, current significant
investigative information, disqualifying event, multistate license and
adverse action information or other information as required by the
commission.
(h) "Disqualifying event" means any adverse action or incident that
results in an encumbrance that disqualifies or makes the licensee ineligible
to either obtain, retain or renew a multistate license.
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(i) "Domicile" means the jurisdiction in which the licensee resides
and intends to remain indefinitely.
(j) "Encumbrance" means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of social work licensed and
regulated by a licensing authority.
(k) "Executive committee" means a group of delegates elected or
appointed to act on behalf of, and within the powers granted to them by,
the compact and commission.
(l) "Home state" means the member state that is the licensee's primary
domicile.
(m) "Impairment" means a condition that may impair a practitioner's
ability to engage in full and unrestricted practice as a regulated social
worker without some type of intervention and may include alcohol and
drug dependence, mental health impairment and neurological or physical
impairments.
(n) "Licensee" means an individual who currently holds a license
from a state to practice as a regulated social worker.
(o) "Licensing authority" means the board or agency of a member
state, or equivalent, that is responsible for the licensing and regulation of
regulated social workers.
(p) "Member state" means a state, commonwealth, district or territory
of the United States of America that has enacted this compact.
(q) "Multistate authorization to practice" means a legally authorized
privilege to practice, which is equivalent to a license, associated with a
multistate license permitting the practice of social work in a remote state.
(r) "Multistate license" means a license to practice as a regulated
social worker issued by a home state licensing authority that authorizes the
regulated social worker to practice in all member states under multistate
authorization to practice.
(s) "Qualifying national exam" means a national licensing
examination approved by the commission.
(t) "Regulated social worker" means any clinical, master's or
bachelor's social worker licensed by a member state regardless of the title
used by that member state.
(u) "Remote state" means a member state other than the licensee's
home state.
(v) "Rule" or "rule of the commission" means a regulation duly
promulgated by the commission, as authorized by the compact, that has the
force of law.
(w) "Single-state license" means a social work license issued by any
state that authorizes practice only within the issuing state and does not
include multistate authorization to practice in any member state.
(x) "Social work" or "social work services" means the application of
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social work theory, knowledge, methods and ethics and the professional
use of self to restore or enhance social, psychosocial or biopsychosocial
functioning of individuals, couples, families, groups, organizations and
communities through the care and services provided by a regulated social
worker as set forth in the member state's statutes and regulations in the
state where the services are being provided.
(y) "State" means any state, commonwealth, district or territory of the
United States of America that regulates the practice of social work.
(z) "Unencumbered license" means a license that authorizes a
regulated social worker to engage in the full and unrestricted practice of
social work.
SECTION 3—STATE PARTICIPATION IN THE COMPACT
(a) To be eligible to participate in the compact, a potential member
state shall currently meet all of the following criteria:
(1) License and regulate the practice of social work at either the
clinical, master's or bachelor's category;
(2) require applicants for licensure to graduate from a program that is:
(A) Operated by a college or university recognized by the licensing
authority;
(B) accredited, or in candidacy by an institution that subsequently
becomes accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation, or its successor; or
(ii) the United States department of education; and
(C) corresponds to the licensure sought as outlined in section 4 of this
compact;
(3) require applicants for clinical licensure to complete a period of
supervised practice; and
(4) have a mechanism in place for receiving, investigating and
adjudicating complaints about licensees.
(b) To maintain membership in the compact, a member state shall:
(1) Require that applicants for a multistate license pass a qualifying
national exam for the corresponding category of multistate license sought
as outlined in section 4 of this compact;
(2) participate fully in the commission's data system, including using
the commission's unique identifier as defined in rules;
(3) notify the commission, in compliance with the terms of the
compact and rules, of any adverse action or the availability of current
significant investigative information regarding a licensee;
(4) implement procedures for considering the criminal history records
of applicants for a multistate license. Such procedures shall include the
submission of fingerprints or other biometric-based information by
applicants for the purpose of obtaining an applicant's criminal history
record information from the federal bureau of investigation and the agency
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responsible for retaining that state's criminal records;
(5) comply with the rules of the commission;
(6) require an applicant to obtain or retain a license in the home state
and meet the home state's qualifications for licensure or renewal of
licensure, as well as all other applicable home state laws;
(7) authorize a licensee holding a multistate license in any member
state to practice in accordance with the terms of the compact and rules of
the commission; and
(8) designate a delegate to participate in the commission meetings.
(c) A member state meeting the requirements of subsections (a) and
(b) shall designate the categories of social work licensure that are eligible
for issuance of a multistate license for applicants in such member state. To
the extent that any member state does not meet the requirements for
participation in the compact at any particular category of social work
licensure, such member state may choose, but is not obligated to, issue a
multistate license to applicants that otherwise meet the requirements of
section 4 of this compact for issuance of a multistate license in such
category or categories of licensure.
(d) The home state may charge a fee for granting the multistate
license.
SECTION 4—SOCIAL WORKER PARTICIPATION IN THE COMPACT
(a) To be eligible for a multistate license under the terms and
provisions of the compact, an applicant, regardless of category, shall:
(1) Hold or be eligible for an active, unencumbered license in the
home state;
(2) pay any applicable fees, including any state fee, for the multistate
license;
(3) submit, in connection with an application for a multistate license,
fingerprints or other biometric data for the purpose of obtaining criminal
history record information from the federal bureau of investigation and the
agency responsible for retaining that state's criminal records;
(4) notify the home state of any adverse action, encumbrance or
restriction on any professional license taken by any member state or non-
member state within 30 days after the date the action is taken;
(5) meet any continuing competence requirements established by the
home state; and
(6) abide by the laws, regulations and applicable standards in the
member state where the client is located at the time care is rendered.
(b) An applicant for a clinical-category multistate license shall meet
all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by:
(A) Passage of a clinical-category qualifying national exam;
(B) licensure of the applicant in their home state at the clinical
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category, beginning prior to such time as a qualifying national exam was
required by the home state and accompanied by a period of continuous
social work licensure thereafter, all of which may be further governed by
the rules of the commission; or
(C) the substantial equivalency of the foregoing competency
requirements, which the commission may determine by rule;
(2) attain at least a master's degree in social work from a program that
is:
(A) Operated by a college or university recognized by the licensing
authority; and
(B) Accredited, or in candidacy that subsequently becomes
accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation or its successor; or
(ii) the United States department of education; and
(3) fulfill a practice requirement, which shall be satisfied by
demonstrating completion of:
(A) A period of postgraduate supervised clinical practice equal to a
minimum of 3,000 hours;
(B) a minimum of two years of full-time postgraduate supervised
clinical practice; or
(C) the substantial equivalency of the foregoing practice requirements
that the commission may determine by rule.
(c) An applicant for a master's-category multistate license shall meet
all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by:
(A) Passage of a master's-category qualifying national exam;
(B) licensure of the applicant in their home state at the master's
category, beginning prior to such time as a qualifying national exam was
required by the home state at the master's category and accompanied by a
continuous period of social work licensure thereafter, all of which may be
further governed by the rules of the commission; or
(C) the substantial equivalency of the foregoing competency
requirements, which the commission may determine by rule; and
(2) attain at least a master's degree in social work from a program that
is:
(A) Operated by a college or university recognized by the licensing
authority; and
(B) accredited, or in candidacy that subsequently becomes accredited,
by an accrediting agency recognized by either:
(i) The council for higher education accreditation or its successor; or
(ii) the United States department of education.
(d) An applicant for a bachelor's-category multistate license shall
meet all of the following requirements:
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(1) Fulfill a competency requirement, which shall be satisfied by:
(A) Passage of a bachelor's-category qualifying national exam;
(B) Licensure of the applicant in their home state at the bachelor's
category, beginning prior to such time as a qualifying national exam was
required by the home state and accompanied by a period of continuous
social work licensure thereafter, all of which may be further governed by
the rules of the commission; or
(C) the substantial equivalency of the foregoing competency
requirements, which the commission may determine by rule; and
(2) attain at least a bachelor's degree in social work from a program
that is:
(A) Operated by a college or university recognized by the licensing
authority; and
(B) accredited, or in candidacy that subsequently becomes accredited,
by an accrediting agency recognized by either:
(i) The council for higher education accreditation or its successor; or
(ii) the United States department of education.
(e) The multistate license for a regulated social worker is subject to
the renewal requirements of the home state. The regulated social worker
shall maintain compliance with the requirements of section 4(a) of this
compact to be eligible to renew a multistate license.
(f) The regulated social worker's services in a remote state are subject
to that member state's regulatory authority. A remote state may, in
accordance with due process and that member state's laws, remove a
regulated social worker's multistate authorization to practice in the remote
state for a specific period of time, impose fines and take any other
necessary actions to protect the health and safety of its citizens.
(g) If a multistate license is encumbered, the regulated social worker's
multistate authorization to practice shall be deactivated in all remote states
until the multistate license is no longer encumbered.
(h) If a multistate authorization to practice is encumbered in a remote
state, the regulated social worker's multistate authorization to practice may
be deactivated in that state until the multistate authorization to practice is
no longer encumbered.
SECTION 5—ISSUANCE OF A MULTISTATE LICENSE
(a) Upon receipt of an application for multistate license, the home
state licensing authority shall determine the applicant's eligibility for a
multistate license in accordance with section 4 of this compact.
(b) If such applicant is eligible pursuant to section 4 of this compact,
the home state licensing authority shall issue a multistate license that
authorizes the applicant or regulated social worker to practice in all
member states under a multistate authorization to practice.
(c) Upon issuance of a multistate license, the home state licensing
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authority shall designate whether the regulated social worker holds a
multistate license in the bachelor's, master's or clinical category of social
work.
(d) A multistate license issued by a home state to a resident in that
state shall be recognized by all compact member states as authorizing
social work practice under a multistate authorization to practice
corresponding to each category of licensure regulated in each member
state.
SECTION 6—AUTHORITY OF INTERSTATE COMPACT
COMMISSION AND MEMBER STATE LICENSING AUTHORITIES
(a) Nothing in this compact, nor any rule of the commission, shall be
construed to limit, restrict or in any way reduce the ability of a member
state to enact and enforce laws, regulations or other rules related to the
practice of social work in that state, where those laws, regulations or other
rules are not inconsistent with the provisions of this compact.
(b) Nothing in this compact shall affect the requirements established
by a member state for the issuance of a single-state license.
(c) Nothing in this compact, nor any rule of the commission, shall be
construed to limit, restrict or in any way reduce the ability of a member
state to take adverse action against a licensee's single-state license to
practice social work in that state.
(d) Nothing in this compact, nor any rule of the commission, shall be
construed to limit, restrict or in any way reduce the ability of a remote
state to take adverse action against a licensee's multistate authorization to
practice in that state.
(e) Nothing in this compact, nor any rule of the commission, shall be
construed to limit, restrict or in any way reduce the ability of a licensee's
home state to take adverse action against a licensee's multistate license
based upon information provided by a remote state.
SECTION 7—REISSUANCE OF A MULTISTATE LICENSE BY A
NEW HOME STATE
(a) A licensee may hold a multistate license, issued by their home
state, in only one member state at any given time.
(b) If a licensee changes their home state by moving between two
member states:
(1) The licensee shall immediately apply for the reissuance of their
multistate license in their new home state. The licensee shall pay all
applicable fees and notify the prior home state in accordance with the rules
of the commission.
(2) Upon receipt of an application to reissue a multistate license, the
new home state shall verify that the multistate license is active,
unencumbered and eligible for reissuance under the terms of the compact
and the rules of the commission. The multistate license issued by the prior
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home state will be deactivated and all member states notified in
accordance with the applicable rules adopted by the commission.
(3) Prior to the reissuance of the multistate license, the new home
state shall conduct procedures for considering the criminal history records
of the licensee. Such procedures shall include the submission of
fingerprints or other biometric-based information by applicants for the
purpose of obtaining an applicant's criminal history record information
from the federal bureau of investigation and the agency responsible for
retaining such new home state's criminal records.
(4) If required for initial licensure, the new home state may require
completion of jurisprudence requirements in the new home state.
(5) Notwithstanding any other provision of this compact, if a licensee
does not meet the requirements set forth in this compact for the reissuance
of a multistate license by the new home state, then the licensee shall be
subject to the new home state requirements for the issuance of a single-
state license in that state.
(c) If a licensee changes their primary state of residence by moving
from a member state to a non-member state, or from a non-member state
to a member state, then the licensee shall be subject to the state
requirements for the issuance of a single-state license in the new home
state.
(d) Nothing in this compact shall interfere with a licensee's ability to
hold a single-state license in multiple states, except that, for the purposes
of this compact, a licensee shall have only one home state and only one
multistate license.
(e) Nothing in this compact shall interfere with the requirements
established by a member state for the issuance of a single-state license.
SECTION 8—MILITARY FAMILIES
An active military member or their spouse shall designate a home state
where the individual has a multistate license. The individual may retain
their home state designation during the period the service member is on
active duty.
SECTION 9—ADVERSE ACTIONS
(a) (1) In addition to the other powers conferred by state law, a
remote state shall have the authority, in accordance with existing state due
process law, to take adverse action against a regulated social worker's
multistate authorization to practice only within that member state and issue
subpoenas for both hearings and investigations that require the attendance
and testimony of witnesses as well as the production of evidence.
Subpoenas issued by a licensing authority in a member state for the
attendance and testimony of witnesses or the production of evidence from
another member state shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and procedure of that
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court applicable to subpoenas issued in proceedings pending before it. The
issuing licensing authority shall pay any witness fees, travel expenses,
mileage and other fees required by the service statutes of the state in which
the witnesses or evidence are located.
(2) Only the home state shall have the power to take adverse action
against a regulated social worker's multistate license.
(b) For purposes of taking adverse action, the home state shall give
the same priority and effect to reported conduct received from a member
state as it would if the conduct had occurred within the home state. In so
doing, the home state shall apply its own state laws to determine
appropriate action.
(c) The home state shall complete any pending investigations of a
regulated social worker who changes their home state during the course of
the investigations. The home state shall also have the authority to take
appropriate action and shall promptly report the conclusions of the
investigations to the administrator of the data system. The administrator of
the data system shall promptly notify the new home state of any adverse
actions.
(d) A member state, if otherwise permitted by state law, may recover
from the affected regulated social worker the costs of investigations and
dispositions of cases resulting from any adverse action taken against that
regulated social worker.
(e) A member state may take adverse action based on the factual
findings of another member state, provided that the member state follows
its own procedures for taking the adverse action.
(f) Joint investigations:
(1) In addition to the authority granted to a member state by its
respective social work practice act or other applicable state law, any
member state may participate with other member states in joint
investigations of licensees.
(2) Member states shall share any investigative, litigation or
compliance materials in furtherance of any joint or individual investigation
initiated under the compact.
(g) If adverse action is taken by the home state against the multistate
license of a regulated social worker, the regulated social worker's
multistate authorization to practice in all other member states shall be
deactivated until all encumbrances have been removed from the multistate
license. All home state disciplinary orders that impose adverse action
against the license of a regulated social worker shall include a statement
that the regulated social worker's multistate authorization to practice is
deactivated in all member states until all conditions of the decision, order
or agreement are satisfied.
(h) If a member state takes adverse action, it shall promptly notify the
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administrator of the data system. The administrator of the data system shall
promptly notify the home state and all other member states of any adverse
actions by remote states.
(i) Nothing in this compact shall override a member state's decision
that participation in an alternative program may be used in lieu of adverse
action.
(j) Nothing in this compact shall authorize a member state to demand
the issuance of subpoenas for attendance and testimony of witnesses or the
production of evidence from another member state for lawful actions
within that member state.
(k) Nothing in this compact shall authorize a member state to impose
disciplinary action against a regulated social worker who holds a
multistate authorization to practice for lawful actions within another
member state.
SECTION 10—ESTABLISHMENT OF SOCIAL WORK LICENSURE
COMPACT COMMISSION
(a) The compact member states hereby create and establish a joint
government agency whose membership consists of all member states that
have enacted the compact known as the social work licensure compact
commission. The commission is an instrumentality of the compact states
acting jointly and not an instrumentality of any one state. The commission
shall come into existence on or after the effective date of the compact as
set forth in section 14 of this compact.
(b) Membership, voting and meetings:
(1) Each member state shall have and be limited to one delegate
selected by that member state's state licensing authority.
(2) The delegate shall be either:
(A) A current member of the state licensing authority at the time of
appointment, who is a regulated social worker or public member of the
state licensing authority; or
(B) an administrator of the state licensing authority or their designee.
(3) The commission shall by rule or bylaw establish a term of office
for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend the removal or suspension of
any delegate from office.
(5) A member state's state licensing authority shall fill any vacancy of
its delegate occurring on the commission within 60 days after the vacancy
occurs.
(6) Each delegate shall be entitled to one vote on all matters before
the commission requiring a vote by commission delegates.
(7) A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates to meet by
telecommunication, videoconference or other means of communication.
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(8) The commission shall meet at least once during each calendar
year. Additional meetings may be held as set forth in the bylaws. The
commission may meet by telecommunication, videoconference or other
similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission;
(2) establish code of conduct and conflict of interest policies;
(3) establish and amend rules and bylaws;
(4) maintain its financial records in accordance with the bylaws;
(5) meet and take such actions as are consistent with the provisions of
this compact, the commission's rules and the bylaws;
(6) initiate and conclude legal proceedings or actions in the name of
the commission, provided that the standing of any state licensing board to
sue or be sued under applicable law shall not be affected;
(7) maintain and certify records and information provided to a
member state as the authenticated business records of the commission and
designate an agent to do so on the commission's behalf;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of personnel, including, but
not limited to, employees of a member state;
(10) conduct an annual financial review;
(11) hire employees, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to carry out the
purposes of the compact and establish the commission's personnel policies
and programs relating to conflicts of interest, qualifications of personnel
and other related personnel matters;
(12) assess and collect fees;
(13) accept any and all appropriate gifts, donations, grants of money,
other sources of revenue, equipment, supplies, materials and services and
receive, utilize and dispose of the same; provided that at all times the
commission shall avoid any appearance of impropriety or conflict of
interest;
(14) lease, purchase, retain, own, hold, improve or use any property,
real, personal or mixed, or any undivided interest therein;
(15) sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property real, personal or mixed;
(16) establish a budget and make expenditures;
(17) borrow money;
(18) appoint committees, including standing committees, composed
of members, state regulators, state legislators or their representatives and
consumer representatives and such other interested persons as may be
designated in this compact and the bylaws;
(19) provide and receive information from, and cooperate with, law
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enforcement agencies;
(20) establish and elect an executive committee, including a
chairperson and a vice chairperson;
(21) determine whether a state's adopted language is materially
different from the model compact language such that the state would not
qualify for participation in the compact; and
(22) perform such other functions as may be necessary or appropriate
to achieve the purposes of this compact.
(d) The executive committee:
(1) The executive committee shall have the power to act on behalf of
the commission according to the terms of this compact. The powers, duties
and responsibilities of the executive committee shall include:
(A) Oversee the day-to-day activities of the administration of the
compact, including enforcement and compliance with the provisions of the
compact, its rules and bylaws and other such duties as deemed necessary;
(B) recommend to the commission changes to the rules or bylaws,
changes to this compact legislation, fees charged to compact member
states, fees charged to licensees and other fees;
(C) ensure compact administration services are appropriately
provided, including by contract;
(D) prepare and recommend the budget;
(E) maintain financial records on behalf of the commission;
(F) monitor compact compliance of member states and provide
compliance reports to the commission;
(G) establish additional committees as necessary;
(H) exercise the powers and duties of the commission during the
interim between commission meetings, except for adopting or amending
rules, adopting or amending bylaws and exercising any other powers and
duties expressly reserved to the commission by rule or bylaw; and
(I) fulfill other duties as provided in the rules or bylaws of the
commission.
(2) The executive committee shall be composed of up to 11 members:
(A) The chairperson and vice chairperson of the commission shall be
voting members of the executive committee;
(B) the commission shall elect five voting members from the current
membership of the commission;
(C) up to four nonvoting members from four recognized national
social work organizations; and
(D) the nonvoting members shall be selected by their respective
organizations.
(3) The commission may remove any member of the executive
committee as provided in the commission's bylaws.
(4) The executive committee shall meet at least annually.
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(A) Executive committee meetings shall be open to the public, except
that the executive committee may meet in a closed, non-public meeting as
provided in subsection (f)(2).
(B) The executive committee shall give seven days' notice of its
meetings, posted on its website and as determined to provide notice to
persons with an interest in the business of the commission.
(C) The executive committee may hold a special meeting in
accordance with subsection (f)(1)(B).
(e) The commission shall adopt and provide to the member states an
annual report.
(f) Meetings of the commission:
(1) All meetings shall be open to the public, except that the
commission may meet in a closed, non-public meeting as provided in
subsection (f)(2).
(A) Public notice for all meetings of the full commission shall be
given in the same manner as required under the rulemaking provisions in
section 12 of this compact, except that the commission may hold a special
meeting as provided in subsection (f)(1)(B).
(B) The commission may hold a special meeting when it must meet to
conduct emergency business by giving 48 hours' notice to all
commissioners on the commission's website and by other means as
provided in the commission's rules. The commission's legal counsel shall
certify that the commission's need to meet qualifies as an emergency.
(2) The commission or the executive committee or other committees
of the commission may convene in a closed, non-public meeting for the
commission or executive committee or other committees of the
commission to receive legal advice or discuss:
(A) Non-compliance of a member state with its obligations under the
compact;
(B) the employment, compensation, discipline or other matters,
practices or procedures related to specific employees;
(C) current or threatened discipline of a licensee by the commission
or by a member state's licensing authority;
(D) current, threatened or reasonably anticipated litigation;
(E) negotiation of contracts for the purchase, lease or sale of goods,
services or real estate;
(F) accusing any person of a crime or formally censuring any person;
(G) trade secrets or commercial or financial information that is
privileged or confidential;
(H) information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(I) investigative records compiled for law enforcement purposes;
(J) information related to any investigative reports prepared by or on
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behalf of or for use of the commission or other committee charged with
responsibility of investigation or determination of compliance issues
pursuant to the compact;
(K) matters specifically exempted from disclosure by federal or
member state law; or
(L) other matters as promulgated by the commission by rule.
(3) If a meeting, or portion of a meeting, is closed, the presiding
officer shall state that the meeting will be closed and reference each
relevant exempting provision, and such reference shall be recorded in the
minutes.
(4) The commission shall keep minutes that fully and clearly describe
all matters discussed in a meeting and shall provide a full and accurate
summary of actions taken, and the reasons therefor, including a description
of the views expressed. All documents considered in connection with an
action shall be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release only by a
majority vote of the commission or order of a court of competent
jurisdiction.
(g) Financing of the commission:
(1) The commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization and ongoing
activities.
(2) The commission may accept any and all appropriate revenue
sources as provided in subsection (c)(13).
(3) The commission may levy on and collect an annual assessment
from each member state and impose fees on licensees of member states to
whom it grants a multistate license to cover the cost of the operations and
activities of the commission and its staff, which shall be in a total amount
sufficient to cover its annual budget as approved each year for which
revenue is not provided by other sources. The aggregate annual assessment
amount for member states shall be allocated based upon a formula that the
commission shall promulgate by rule.
(4) The commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same, nor shall the commission
pledge the credit of any of the member states except by and with the
authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be
subject to the financial review and accounting procedures established
under its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be subject to an annual financial review
by a certified or licensed public accountant, and the report of the financial
review shall be included in and become part of the annual report of the
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commission.
(h) Qualified immunity, defense and indemnification:
(1) The members, officers, executive director, employees and
representatives of the commission shall be immune from suit and liability,
both personally and in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error or omission that occurred, or
that the person against whom the claim is made had a reasonable basis for
believing occurred within the scope of commission employment, duties or
responsibilities, provided that nothing in this paragraph shall be construed
to protect any such person from suit or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton
misconduct of that person. The procurement of insurance of any type by
the commission shall not in any way compromise or limit the immunity
granted under this compact.
(2) The commission shall defend any member, officer, executive
director, employee and representative of the commission in any civil action
seeking to impose liability arising out of any actual or alleged act, error or
omission that occurred within the scope of commission employment,
duties or responsibilities, or as determined by the commission that the
person against whom the claim is made had a reasonable basis for
believing such act or alleged act, error or omission occurred within the
scope of commission employment, duties or responsibilities, provided that
nothing herein shall be construed to prohibit that person from retaining
their own counsel at their own expense; and provided further, that the
actual or alleged act, error or omission did not result from that person's
intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member,
officer, executive director, employee and representative of the commission
for the amount of any settlement or judgment obtained against that person
arising out of any actual or alleged act, error or omission that occurred
within the scope of commission employment, duties or responsibilities, or
that such person had a reasonable basis for believing occurred within the
scope of commission employment, duties or responsibilities; provided that
the actual or alleged act, error or omission did not result from the
intentional or willful or wanton misconduct of that person.
(4) Nothing in this compact shall be construed as a limitation on the
liability of any licensee for professional malpractice or misconduct, which
shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise
abrogate a member state's state action immunity or state action affirmative
defense with respect to antitrust claims under the Sherman act, Clayton act
or any other state or federal antitrust or anticompetitive law or regulation.
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(6) Nothing in this compact shall be construed to be a waiver of
sovereign immunity by the member states or by the commission.
SECTION 11—DATA SYSTEM
(a) The commission shall provide for the development, maintenance,
operation and utilization of a coordinated data system.
(b) The commission shall assign each applicant for a multistate
license a unique identifier, as determined by the rules of the commission.
(c) Notwithstanding any other provision of state law to the contrary, a
member state shall submit a uniform data set to the data system on all
individuals to whom this compact is applicable as required by the rules of
the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license and information related thereto;
(4) non-confidential information related to alternative program
participation, the beginning and ending dates of such participation and
other information related to such participation not made confidential under
member state law;
(5) any denial of application for licensure and the reason for such
denial;
(6) the presence of current significant investigative information; and
(7) other information that may facilitate the administration of this
compact or the protection of the public, as determined by the rules of the
commission.
(d) The records and information provided to a member state pursuant
to this compact or through the data system, when certified by the
commission or an agent thereof, shall constitute the authenticated business
records of the commission and shall be entitled to any associated hearsay
exception in any relevant judicial, quasi-judicial or administrative
proceedings in a member state.
(e) Current significant investigative information pertaining to a
licensee in any member state will only be available to other member states.
It is the responsibility of the member states to report any adverse action
against a licensee and to monitor the database to determine whether
adverse action has been taken against a licensee. Adverse action
information pertaining to a licensee in any member state will be available
to any other member state.
(f) Member states contributing information to the data system may
designate information that may not be shared with the public without the
express permission of the contributing state.
(g) Any information submitted to the data system that is subsequently
expunged pursuant to federal law or the laws of the member state
contributing the information shall be removed from the data system.
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SECTION 12—RULEMAKING
(a) The commission shall promulgate reasonable rules in order to
effectively and efficiently implement and administer the purposes and
provisions of the compact. A rule shall be invalid and have no force or
effect only if a court of competent jurisdiction holds that the rule is invalid
because the commission exercised its rulemaking authority in a manner
that is beyond the scope and purposes of the compact, or the powers
granted hereunder, or based upon another applicable standard of review.
(b) The rules of the commission shall have the force of law in each
member state, except that where the rules of the commission conflict with
the laws of the member state that establish the member state's laws,
regulations and applicable standards that govern the practice of social
work as held by a court of competent jurisdiction, the rules of the
commission shall be ineffective in that state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to
the criteria set forth in this section and the rules adopted thereunder. Rules
shall become binding on the day following adoption or the date specified
in the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member states rejects a rule
or portion of a rule by enactment of a statute or resolution in the same
manner used to adopt the compact within four years of the date of adoption
of the rule, then such rule shall have no further force and effect in any
member state.
(e) Rules shall be adopted at a regular or special meeting of the
commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a
public hearing and allow persons to provide oral and written comments,
data, facts, opinions and arguments.
(g) Prior to adoption of a proposed rule by the commission and at
least 30 days in advance of the meeting at which the commission will hold
a public hearing on the proposed rule, the commission shall provide a
notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible
platform;
(2) to persons who have requested notice of the commission's notices
of proposed rulemaking, and
(3) in such other way as the commission may specify by rule.
(h) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing at which the
commission will hear public comments on the proposed rule and, if
different, the time, date and location of the meeting where the commission
will consider and vote on the proposed rule;
(2) if the hearing is held via telecommunication, videoconference or
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other electronic means, the commission shall include the mechanism for
access to the hearing in the notice of proposed rulemaking;
(3) the text of the proposed rule and the reason therefor;
(4) a request for comments on the proposed rule from any interested
person; and
(5) the manner in which interested persons may submit written
comments.
(i) All hearings will be recorded. A copy of the recording and all
written comments and documents received by the commission in response
to the proposed rule shall be available to the public.
(j) Nothing in this section shall be construed as requiring a separate
hearing on each rule. Rules may be grouped for the convenience of the
commission at hearings required by this section.
(k) The commission shall, by majority vote of all members, take final
action on the proposed rule based on the rulemaking record and the full
text of the rule.
(1) The commission may adopt changes to the proposed rule,
provided that the changes do not enlarge the original purpose of the
proposed rule.
(2) The commission shall provide an explanation of the reasons for
substantive changes made to the proposed rule as well as reasons for
substantive changes not made that were recommended by commenters.
(3) The commission shall determine a reasonable effective date for
the rule. Except for an emergency as provided in subsection (l), the
effective date of the rule shall not be earlier than 30 days after issuing the
notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the commission
may consider and adopt an emergency rule with 48 hours' notice, with
opportunity to comment, provided that the usual rulemaking procedures
provided in the compact and in this section shall be retroactively applied to
the rule as soon as reasonably possible, in no event later than 90 days after
the effective date of the rule. For the purposes of this provision, an
emergency rule is one that shall be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the promulgation of a rule that is established
by federal law or rule; or
(4) protect public health and safety.
(m) The commission or an authorized committee of the commission
may direct revisions to a previously adopted rule for purposes of
correcting typographical, formatting, consistency or grammatical errors.
Public notice of any revisions shall be posted on the website of the
commission. The revision shall be subject to challenge by any person for a
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period of 30 days after posting. The revision may be challenged only on
grounds that the revision results in a material change to a rule. A challenge
shall be made in writing and delivered to the commission prior to the end
of the notice period. If no challenge is made, the revision will take effect
without further action. If the revision is challenged, the revision may not
take effect without the approval of the commission.
(n) No member state's rulemaking requirements shall apply under this
compact.
SECTION 13—OVERSIGHT, DISPUTE RESOLUTION AND
ENFORCEMENT
(a) Oversight:
(1) The executive and judicial branches of state government in each
member state shall enforce this compact and take all actions necessary and
appropriate to implement the compact.
(2) Except as otherwise provided in this compact, venue is proper,
and judicial proceedings by or against the commission shall be brought
solely and exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The commission may waive
venue and jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings. Nothing herein
shall affect or limit the selection or propriety of venue in any action
against a licensee for professional malpractice, misconduct or any such
similar matter.
(3) The commission shall be entitled to receive service of process in
any proceeding regarding the enforcement or interpretation of the compact
and shall have standing to intervene in such a proceeding for all purposes.
Failure to provide the commission service of process shall render a
judgment or order void as to the commission, this compact or promulgated
rules.
(b) Default, technical assistance and termination:
(1) If the commission determines that a member state has defaulted in
the performance of its obligations or responsibilities under this compact or
the promulgated rules, the commission shall provide written notice to the
defaulting state. The notice of default shall describe the default, the
proposed means of curing the default and any other action that the
commission may take and shall offer training and specific technical
assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to
the other member states.
(c) If a state in default fails to cure the default, the defaulting state
may be terminated from the compact upon an affirmative vote of a
majority of the delegates of the member states, and all rights, privileges
and benefits conferred on that state by this compact may be terminated on
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the effective date of termination. A cure of the default does not relieve the
offending state of obligations or liabilities incurred during the period of
default.
(d) Termination of membership in the compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice
of intent to suspend or terminate shall be given by the commission to the
governor, the majority and minority leaders of the defaulting state's
legislature, the defaulting state's state licensing authority and each of the
member states' state licensing authority.
(e) A state that has been terminated is responsible for all assessments,
obligations and liabilities incurred through the effective date of
termination, including obligations that extend beyond the effective date of
termination.
(f) Upon the termination of a state's membership from this compact,
that state shall immediately provide notice to all licensees within that state
of such termination. The terminated state shall continue to recognize all
licenses granted pursuant to this compact for a minimum of six months
after the date of said notice of termination.
(g) The commission shall not bear any costs related to a state that is
found to be in default or that has been terminated from the compact, unless
agreed upon in writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by
petitioning the United States district court for the District of Columbia or
the federal district where the commission has its principal offices. The
prevailing party shall be awarded all costs of such litigation, including
reasonable attorney's fees.
(i) Dispute resolution:
(1) Upon request by a member state, the commission shall attempt to
resolve disputes related to the compact that arise among member states and
between member and non-member states.
(2) The commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes as appropriate.
(j) Enforcement:
(1) By majority vote as provided by rule, the commission may initiate
legal action against a member state in default in the United States district
court for the District of Columbia or the federal district where the
commission has its principal offices to enforce compliance with the
provisions of the compact and its promulgated rules. The relief sought may
include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all costs of
such litigation, including reasonable attorney fees. The remedies herein
shall not be the exclusive remedies of the commission. The commission
may pursue any other remedies available under federal or the defaulting
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member state's law.
(2) A member state may initiate legal action against the commission
in the United States district court for the District of Columbia or the
federal district where the commission has its principal offices to enforce
compliance with the provisions of the compact and its promulgated rules.
The relief sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney fees.
(3) No person other than a member state shall enforce this compact
against the commission.
SECTION 14—EFFECTIVE DATE, WITHDRAWAL AND
AMENDMENT
(a) The compact shall come into effect on the date on which the
compact statute is enacted into law in the 7
th
member state.
(1) On or after the effective date of the compact, the commission
shall convene and review the enactment of each of the first seven member
states, the charter member states, to determine if the statute enacted by
each such charter member state is materially different than the model
compact statute.
(A) A charter member state whose enactment is found to be
materially different from the model compact statute shall be entitled to the
default process set forth in section 13 of this compact.
(B) If any member state is later found to be in default, or is
terminated or withdraws from the compact, the commission shall remain in
existence and the compact shall remain in effect even if the number of
member states should be fewer than seven.
(2) Member states enacting the compact subsequent to the seven
initial charter member states shall be subject to the process set forth in
section 10(c)(21) of this compact to determine if their enactments are
materially different from the model compact statute and whether they
qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in
furtherance of the purposes of the administration of the compact prior to
the effective date of the compact or the commission coming into existence
shall be considered to be actions of the commission unless specifically
repudiated by the commission.
(4) Any state that joins the compact subsequent to the commission's
initial adoption of the rules and bylaws shall be subject to the rules and
bylaws as they exist on the date when the compact becomes law in that
state. Any rule that has been previously adopted by the commission shall
have the full force and effect of law on the day the compact becomes law
in that state.
(b) Any member state may withdraw from this compact by enacting a
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statute repealing the same.
(1) A member state's withdrawal shall not take effect until 180 days
after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the
withdrawing state's licensing authority to comply with the investigative
and adverse action reporting requirements of this compact prior to the
effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, a
state shall immediately provide notice of such withdrawal to all licensees
within that state. Notwithstanding any subsequent statutory enactment to
the contrary, such withdrawing state shall continue to recognize all
licenses granted pursuant to this compact for a minimum of 180 days after
the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate
or prevent any licensure agreement or other cooperative arrangement
between a member state and a non-member state that does not conflict
with the provisions of this compact.
(d) This compact may be amended by the member states. No
amendment to this compact shall become effective and binding upon any
member state until it is enacted into the laws of all member states.
SECTION 15—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall be
liberally construed so as to effectuate the purposes and the implementation
and administration of the compact. Provisions of the compact expressly
authorizing or requiring the promulgation of rules shall not be construed to
limit the commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable, and if any
phrase, clause, sentence or provision of this compact is held by a court of
competent jurisdiction to be contrary to the constitution of any member
state, a state seeking participation in the compact or of the United States,
or the applicability thereof to any government, agency, person or
circumstance is held to be unconstitutional by a court of competent
jurisdiction, the validity of the remainder of this compact and the
applicability thereof to any other government, agency, person or
circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a
state's participation in the compact or, in accordance with the requirements
of section 13(b) of this compact, terminate a member state's participation
in the compact, if it determines that a constitutional requirement of a
member state is a material departure from the compact. Otherwise, if this
compact shall be held to be contrary to the constitution of any member
state, the compact shall remain in full force and effect as to the remaining
member states and in full force and effect as to the member state affected
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as to all severable matters.
SECTION 16—CONSISTENT EFFECT AND CONFLICT WITH
OTHER STATE LAWS
(a) A licensee providing services in a remote state under a multistate
authorization to practice shall adhere to the laws and regulations, including
laws, regulations and applicable standards, of the remote state where the
client is located at the time care is rendered.
(b) Nothing in this compact shall prevent or inhibit the enforcement
of any other law of a member state that is not inconsistent with the
compact.
(c) Any laws, statutes, regulations or other legal requirements in a
member state in conflict with the compact are superseded to the extent of
the conflict.
(d) All permissible agreements between the commission and the
member states are binding in accordance with their terms.
New Sec. 2. (a) (1) Except as provided in paragraph (2), the board
shall require an applicant for initial licensure or renewal or
reinstatement of a license under this act to submit to a state and
national criminal history record check.
(2) The board may require an applicant for renewal of a license to
submit to a state and national criminal history record check if such
applicant has submitted to a state and national criminal history record
check within the last five years.
(3) Applicants for a multistate license shall be fingerprinted, and
the board shall submit such fingerprints to the Kansas bureau of
investigation and the federal bureau of investigation for a search of
the state and federal database.
(4) Fingerprints and criminal history record information
provided pursuant to this section may be used to identify a person and
to determine whether such person has a record of criminal history in
this state or another jurisdiction. The board may use the information
obtained from fingerprinting and the criminal history record check
for purposes of verifying the identification of the person and in the
official determination of the qualifications and fitness of the person to
be issued or maintain a license or multistate practice privilege under
the social work compact.
(5) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions to the board
for a licensee, as defined in this section, in connection with am
application or license as described in K.S.A. 65-6306, and amendments
thereto.
(b) Local and state law enforcement officers and agencies shall
assist the board in the taking and processing of fingerprints of
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applicants for multistate licensure and release all records of adult
convictions to the board for the purposes set forth in subsection (a)(4).
(c) The Kansas bureau of investigation may charge a reasonable
fee for conducting a criminal history record check.
(d) (1) Fingerprints and criminal history record information
received pursuant to this section shall be confidential and shall not be
subject to the provisions of the Kansas open records act, K.S.A. 45-215
et seq., and amendments thereto. The provisions of this paragraph
shall expire on July 1, 2029, unless the legislature reviews and reenacts
this provision pursuant to K.S.A. 45-229, and amendments thereto,
prior to July 1, 2029.
(2) Disclosure or use of any information received pursuant to this
section for any purpose other than the purpose described in this
section shall be a class A nonperson misdemeanor and shall constitute
grounds for removal from office.
(e) As used in this section, "licensee" means a person who has
submitted an original application or an application for renewal or
reinstatement of a license or who currently holds a license under this
act issued by the behavioral sciences regulatory board.
(f) This section shall be a part of and supplemental to the social
workers licensure act.
Sec. 2. 3. K.S.A. 2023 Supp. 65-6314 is hereby amended to read as
follows: 65-6314. (a) The following fees may be established by the board
in accordance with the following limitations, and any such fees shall be
established by rules and regulations adopted by the board:
(1) Renewal or reinstatement fee for a license as a social work
associate shall be not more than $150.
(2) Application, new license, reinstatement or renewal fee for a
license as a baccalaureate social worker shall be not more than $150.
(3) Application, new license, reinstatement or renewal fee for a multi-
state license as a baccalaureate social worker shall be not more than
$150.
(4) Application, new license, reinstatement or renewal fee for a
license as master social worker shall be not more than $150.
(5) Application, new license, reinstatement or renewal fee for a multi-
state license as master social worker shall be not more than $150.
(4)(6)(4) Application, new license, reinstatement or renewal fee for a
license in a social work specialty shall be not more than $150.
(7) Application, new license, reinstatement or renewal fee for a multi-
state license in a social work specialty shall be not more than $150.
(5)(8)(5) Replacement fee for reissuance of a license certificate due to
loss or name change shall be not more than $20.
(6)(9)(6) Replacement fee for reissuance of a wallet card shall be not
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more than $5.
(7)(10)(7) Temporary license fee for a baccalaureate social worker,
master social worker or a social work specialty shall be not more than $50.
(8)(11)(8) Temporary candidacy license fee for a baccalaureate social
worker, master social worker or a social work specialty shall be not more
than $75.
(9)(12)(9) Six-month reinstatement temporary license fee for a
baccalaureate social worker, master social worker or a social work
specialty shall be not more than $50.
(10)(13)(10) Community-based license fee for a baccalaureate social
worker, master social worker or social work specialty shall be not more
than $175.
(11)(14)(11) Application fee for approval as board-approved
continuing education sponsors shall be as follows:
(A) Initial application fee for one year provisionally approved
providers shall be not more than $125;
(B) three-year renewal fees for approved providers shall be not more
than $350; and
(C) application fees for single program providers shall be not more
than $50 for each separately offered continuing education activity for
which prior approval is sought.
(12) New license or renewal fee for a home-state license with
privilege to practice under the social work licensure compact shall be
not more than $25 in addition to any other applicable fee.
(b) Fees paid to the board are not refundable.
Sec. 3. 4. K.S.A. 2023 Supp. 65-6314 is hereby repealed.
Sec. 4. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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