SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2484
As Amended by House Committee on Health
and Human Services
Brief*
HB 2484, as amended, would establish the Social Work
Licensure Compact (Compact) to facilitate interstate practice
of regulated social workers. The bill would also amend law to
add the background check procedure for the Social Work
Licensure Act and add a fee relating to the multistate licenses
under the Compact.
The Compact’s uniform provisions are detailed below.
Purpose (Section 1)
The purpose of the Compact would be to facilitate
interstate practice of regulated social workers with the goal of
improving public access to competent social work services.
The Compact would preserve the regulatory authority of
states to protect public health and safety through the current
system of state licensure.
The Compact’s objectives would include:
●Increasing public access to social work services;
●Reducing overly burdensome and duplicative
requirements associated with holding multiple
licenses;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org ●Enhancing the member states' ability to protect the
public's health and safety;
●Encouraging the cooperation of member states in
regulating multistate practice;
●Promoting mobility and addressing workforce
shortages by eliminating the necessity for licenses
in multiple states through the mutual recognition of
other member state licenses;
●Supporting military families;
●Facilitating the exchange of licensure and
disciplinary information among member states;
●Authorizing 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
●Allowing for the use of telehealth to facilitate
increased access to regulated social work services.
Definitions (Section 2)
The Compact would define various terms used
throughout the Compact, including:
●“Compact Commission” (Commission) would mean
the government agency whose membership
consists of all states that have enacted the
Compact, known as the Social Work Licensure
Compact Commission, and that operates as an
instrumentality of the member states;
●“Multistate authorization to practice” would mean a
legally authorized privilege to practice, which is
2- 2484 equivalent to a license, associated with a multistate
license permitting the practice of social work in a
remote state;
●“Multistate license” would mean 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;
●“Regulated social worker” would mean any clinical,
master's or bachelor's social worker licensed by a
member state regardless of the title used by that
member state; and
●“Social Work” or “social work services” would mean
the application of 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.
State Participation in the Compact (Section 3)
Participation in the Compact would require a state to
currently:
●License and regulate the practice of social work at
either the clinical, master's, or bachelor's category;
●Require applicants for licensure to graduate from a
program that is:
○Operated by a college or university
recognized by the licensing authority; or
3- 2484 ○Accredited, or in candidacy by an institution
that subsequently becomes accredited, by
either the Council for Higher Education
Accreditation, or its successor; or the United
States Department of Education; and
○Corresponds to the licensure sought as
required by the Compact;
●Require applicants for clinical licensure to complete
a period of supervised practice; and
●Have a mechanism in place for receiving,
investigating, and adjudicating complaints about
licensees.
To maintain membership, member states participating in
the Compact would be required to:
●Require applicants for a multistate license pass a
qualifying national exam for the corresponding
category of multistate license as required by the
Compact;
●Participate fully in the Commission’s data system,
including using the Commission’s unique identifier;
●Notify the Commission of any adverse action or the
availability of investigative information regarding a
licensee;
●Implement procedures for considering the criminal
history records of applicants for a multistate
license, including 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 (FBI) and the agency responsible
for retaining that state’s criminal records;
●Comply with the rules of the Commission;
4- 2484 ●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 state laws;
●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
●Designate a delegate to participate in the
Commission meetings.
The Compact would require each state to designate the
categories of social work licensure that are eligible for
issuance of a multistate license for applicants in that member
state. When a 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 the Compact for issuance
of a multistate license in such category or categories of
licensure.
The Compact would provide for the state to charge a fee
for granting the privilege to practice.
Social Worker Participation in the Compact (Section 4)
Any Multistate License
An applicant for any multistate license under the
Compact’s terms would be required to meet the following
requirements:
●Hold or be eligible for an active, unencumbered
license in the home state;
5- 2484 ●Pay any applicable fees, including any state fee,
for the multistate license;
●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 FBI and the agency
responsible for retaining that state's criminal
records;
●Notify the home state of any adverse action,
encumbrance, or restriction on any professional
license taken by any member state or nonmember
state within 30 days after the date the action is
taken;
●Meet any continuing competence requirements
established by the home state; and
●Abide by the laws, regulations, and applicable
standards in the member state where the client is
located at the time care is rendered.
Clinical Multistate License
An applicant for a clinical-category multistate license
under the Compact’s terms would be required to meet the
following requirements:
●Fulfill a competency requirement by one of the
following:
○Passage of a clinical-category qualifying
national exam;
○Licensure of the applicant in their home state
at the clinical category, beginning prior to the
requirement of a qualifying national exam by
the home state and accompanied by a period
of continuous social work licensure; or
6- 2484 ○The substantial equivalency of the
competency requirements set by Commission
rule;
●Attainment of at least a master's degree in social
work from a program that meets the requirements
of the Compact; and
●Fulfill a practice requirement, by demonstrating
completion of:
○A period of postgraduate supervised clinical
practice equal to a minimum of 3,000 hours;
○A minimum of two years of full-time
postgraduate supervised clinical practice; or
○The substantial equivalency of the foregoing
practice requirements as determined by the
Commission.
Master’s Multistate License
An applicant for a master's-category multistate license
under the Compact’s terms would be required to meet the
following requirements:
●Fulfill a competency requirement by completing
one of the following:
○Passage of a master's-category qualifying
national exam;
○Licensure of the applicant in their home state
at the master's category, beginning prior to
the requirement of a qualifying national exam
by the home state at the master's category
and accompanied by a continuous period of
social work licensure thereafter; or
○The substantial equivalency of the
competency requirements set by the
Commission; and
7- 2484 ●Attainment of at least a master's degree in social
work from a program that meets the requirements
of the Compact.
Bachelor’s Multistate License
An applicant for a bachelor's-category multistate license
under the Compact’s terms would be required to meet the
following requirements:
●Fulfill a competency requirement by completing
one of the following:
○Passage of a bachelor's-category qualifying
national exam;
○Licensure of the applicant in their home state
at the bachelor's category, beginning prior to
the requirement of a qualifying national exam
by the home state and accompanied by a
period of continuous social work licensure
thereafter, or
○Substantial equivalency of the competency
requirements set by the Commission; and
●Attainment of at least a bachelor's degree in social
work from a program that meets the requirements
of the Compact.
License Renewal
Under the Compact, a licensee providing social work
under the privilege to practice would be required to adhere to
the license renewal requirements of the home state as well as
the Compact’s requirements for the license.
Adherence to Remote State Laws and Regulations
Under the Compact, a licensee providing social work
under the privilege to practice would be required to adhere to
8- 2484 the laws and regulations of the remote state and be subject to
that state’s regulatory authority. In accordance with due
process and the state’s laws, the remote state would be able
to remove a licensee’s privilege to practice in the remote
state for a specific period of time, impose fines, or take other
necessary actions to protect the health and safety of its
citizens.
Multistate License Encumbrance
If a licensee’s multistate license is encumbered, the
Compact would require the licensee to lose their privilege to
practice in any remote state until the multistate license is no
longer encumbered. If a licensee’s multistate license is
encumbered in a remote state, the Compact states the
licensee’s authorization to practice could be deactivated in
the remote state until the multistate license is no longer
encumbered.
Issuance of a Multistate License (Section 5)
The Compact would provide for the home state to
determine the applicant’s eligibility for a multistate license. If
the home state determines the applicant is eligible for a
multistate license, the home state would issue the multistate
license and designate the category of license (bachelor’s,
master’s, or clinical).
The Compact would require member states to recognize
the license to practice social work in their state at the
category designated on the license by home state.
Authority of Interstate Compact Commission and
Member State Licensing Authorities (Section 6)
The Compact would clarify neither the Compact nor any
rule of the Commission related to the Compact would be able
to:
9- 2484 ●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;
●Affect the requirements established by a member
state for the issuance of a single-state license;
●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;
●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; or
●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.
Reissuance of a Multistate License by a New Home State
(Section 7)
The Compact would provide for a regulated social
worker to hold a home state license in only one member state
at a time. If the licensee changes primary state of residence
by moving between two member states, the licensee would
be required to file an application for obtaining a new home
state license based on a privilege to practice, pay all
applicable fees, and notify the current home state in
accordance with applicable rules adopted by the
Commission.
10- 2484 Upon receiving an application for a new home state
license, the new home state would be required to verify that
the current multistate license is active, unencumbered, and is
eligible for reissuance under the terms of the Compact and
rules of the Commission. The multistate license issued by the
former home state would be deactivated and all member
states would be notified.
The Compact would require the new home state, prior to
reissuing, to conduct the procedures regarding consideration
of the criminal history records for the licensee, which may
include the submission of fingerprints or other biometric-
based information by the applicant.
The Compact would permit the new home state to
require completion of jurisprudence requirements if they are
required for initial licensure in the new home state.
If the licensee cannot meet the criteria of reissuance of a
multistate license, the new home state would be allowed to
apply its requirements for issuing a new single-state license.
The Compact would also provide that for a regulated
social worker who changes 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, the state requirements
would apply issuance of a single-state license in the new
state.
The Compact would not interfere with a licensee’s ability
to hold a single-state license in multiple states. For the
purposes of the Compact, a licensee could only hold one
home state license and only one multistate license.
The Compact would not affect the requirements
established by a member state for the issuance of a single-
state license.
11- 2484 Military Families (Section 8)
The Compact would require an active duty military
member or their spouse to designate a home state where the
individual has a multistate license. The individual would be
able to retain the home state designation during the period
the service member is on active duty.
Adverse Actions (Section 9)
The Compact would provide a remote state the authority
to take adverse action against a regulated social worker’s
multistate authorization to practice within that member state
and to issue subpoenas for hearings and investigations as
enforced by a court of competent jurisdiction and payment of
witness-related expenses as set forth in the Compact.
The Compact would allow only the home state to take
adverse action against a regulated social worker’s multistate
license issued by the home state.
For purposes of taking adverse action, the Compact
would require the home state to 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. The
home state would apply its own state laws to determine
appropriate action.
The Compact would require the home state to complete
any pending investigations of a regulated social worker who
changes primary state of residence during the course of the
investigations. The home state would have the authority to
take appropriate action and promptly report the conclusions
of the investigation to the administrator of the data system.
The administrator of the data system would be required to
promptly notify the home state of any adverse actions.
The Compact would allow a member state, if permitted
by state law, to recover the costs of investigations and
12- 2484 dispositions of cases resulting from any adverse action taken
from the affected regulated social worker. A member state
would be able to take adverse action based on the factual
findings of the remote state following its own procedures for
taking adverse action.
Under the Compact, member states would be allowed to
participate with other member states in joint investigations of
licensees. Member states would be required to share any
investigative, litigation, or compliance materials related to any
joint or individual investigation initiated under the Compact.
If adverse action is taken by the home state against the
multistate license of a licensee, the regulated social worker’s
multistate authorization to practice in all other member states
would 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 would be required to
include a statement that the regulated social worker’s
authorization to practice is deactivated in all member states
while awaiting settlement of the order.
If a member state takes adverse action, it would be
required to promptly notify the administrator of the data
system, who would be required to promptly notify the home
state of any adverse actions by remote states.
Nothing in the Compact would override a member
state’s decision that participation in an alternative program
may be used in lieu of adverse action.
Nothing in the Compact would authorize a member state
to demand the issuance of subpoenas for witnesses or
production of evidence from another member state for lawful
actions within that member state.
Nothing in the Compact would authorize a member state
to impose disciplinary action against a regulated social
13- 2484 worker who holds a multistate authorization to practice for
lawful actions within another member state.
Establishment of Social Work Licensure Compact
Commission (Section 10)
The Compact would provide for the creation of a joint
government agency to be formally identified as the Social
Work Licensure Compact Commission (Commission). The
Commission would comprise all states that have adopted the
Compact. The Commission will come into effect after seven
states have adopted the Compact. [Note: As of February 12,
2024, Missouri and South Dakota have enacted the Compact.
Legislation is pending in 26 states, including Kansas.]
Membership, Voting, and Meetings
The Compact would require each member state to have
a limit of one delegate selected by the member state’s
licensing board. The delegate would be either a current
member of the licensing board at the time of appointment,
who is a regulated social worker or public member of the
state licensing authority, or an administrator of the licensing
board or their designee.
The Compact would require the Commission to establish
by rule a term of office. The Commission could also establish
term limits for delegates. Any delegate could be
recommended to be removed or suspended from office by the
Commission. The member state licensing board would be
required to fill any vacancy occurring on the Commission
within 60 days.
Each delegate would be entitled to one vote with regard
to all matters before the Commission requiring a vote.
Delegates would be required to vote in person or other
means as provided in the bylaws, which could include
telephone, videoconference, or other means of
communication.
14- 2484 The Compact would require the Commission to meet at
least once during each calendar year; additional meetings
would be held as set forth in the bylaws. The Commission
would be able to meet by telecommunication,
videoconference, or other similar electronic means.
Powers of the Commission
The Compact would provide the following powers for the
Commission:
●Establish the fiscal year of the Commission;
●Establish a code of conduct and conflict of interest
policies;
●Establish and amend rules and bylaws;
●Maintain its financial records in accordance with
the bylaws;
●Meet and take actions consistent with the
provisions of the Compact, the Commission’s rules,
and bylaws;
●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 would not be affected;
●Maintain and certify records and information
provided to a member state as the authenticated
business records of the Commission, and
designating an agent to do so on the Commission's
behalf;
●Purchase and maintain insurance and bonds;
15- 2484 ●Borrow, accept, or contract for services of
personnel, including, but not limited to, employees
of a member state;
●Conduct an annual financial review;
●Hire employees, elect or appoint officers, fix
compensation, define duties, grant 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;
●Assess and collect fees;
●Accept and receive, utilize, and dispose of any and
all appropriate gifts, donations, grants of money,
other sources of revenue, equipment, supplies,
materials, and services, provided that at all times
the Commission would avoid any appearance of
impropriety or conflict of interest;
●Lease, purchase, retain, own, hold, improve, or use
any undivided interest in any real, personal, or
mixed property;
●Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any real,
personal, or mixed property;
●Establish a budget and make expenditures;
●Borrow money;
●Appoint committees, including standing committees
composed of members, state regulators, state
legislators or their representatives, consumer
representatives, and such other interested persons
as may be designated in the Compact and its
bylaws;
16- 2484 ●Provide and receive information from and
cooperate with law enforcement agencies;
●Establish and elect an Executive Committee,
including a chairperson and vice-chairperson;
●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
●Perform other functions as may be necessary or
appropriate to achieve the purposes of the
Compact.
Executive Committee Powers
The Compact would provide for the Executive
Committee to have the power to act on behalf of the
Commission within the terms of the Compact.
The Compact would provide for the Executive
Committee to have the following duties and responsibilities:
●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;
●Recommend to the Commission changes to the
rules or bylaws, changes to the Compact
legislation, fees charged to Compact member
states, fees charged to licensees, and other fees;
●Ensure Compact administration services are
appropriately provided, contractual or otherwise;
●Prepare and recommend the budget;
17- 2484 ●Maintain financial records on behalf of the
Commission;
●Monitor Compact compliance of member states
and provide compliance reports to the
Commission;
●Establish additional committees as necessary;
●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
●Other duties as provided in rules or bylaws.
Executive Committee Membership
The Executive Committee would be composed of 11
members, including:
●The chairperson and vice-chairperson of the
Commission, to be voting members of the
Executive Committee;
●Five voting members elected by the Commission
from the current membership of the Commission;
and
●Up to four nonvoting members from four
recognized national social work organizations,
selected by their respective organizations.
The Compact would allow the Commission to remove
any member of the Executive Committee as provided in
bylaws.
18- 2484 The Executive Committee would be required to meet at
least annually.
Meetings of the Commission and Executive Committee
The Compact would require all Executive Committee
meetings to be open to the public, and public notice of
meetings would be required seven days in advance of the
meeting date with notification provided on its website of the
Commission and as determined by the Commission to
provide notice to persons with an interest in the business of
the Commission.
The Compact would permit the Commission to hold
special meetings to conduct emergency business. Public
notice would be required 48 hours in advance to all
Commissioners on the Commission’s website and notice as
provided by the Commission’s rules. The Commission’s legal
counsel would certify that the need for the meeting qualifies
as an emergency.
The Commission or the Executive Committee or other
committees of the Commission would be able to meet in a
closed, non-public meeting if the discussion would include:
●Non-compliance of a member state with its
obligations under the Compact;
●The employment, compensation, discipline, or
other matters, practices, or procedures related to
specific employees;
●Current or threatened discipline of a licensee by
the Commission or by a member state's licensing
authority;
●Current, threatened, or reasonably anticipated
litigation;
19- 2484 ●Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
●Accusing any person of a crime or formally
censuring any person;
●Trade secrets or commercial or financial
information that is privileged or confidential;
●Information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of
personal privacy;
●Investigative records compiled for law enforcement
purposes;
●Information related to any investigative reports
prepared by or on 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;
●Matters specifically exempted from disclosure by
federal or member state law; or
●Other matters as promulgated by the Commission
by rule.
If a meeting or portion of a meeting would be closed, the
Commission’s Presiding Officer would state that the meeting
be closed and would reference each relevant exempting
provision. References would be recorded in the minutes.
The Compact would require the Commission to keep
minutes on all matters discussed in a meeting, providing a full
and accurate summary of actions taken, reasons for those
actions, and views expressed. All documents considered in
connection with an action would be identified in the minutes.
Minutes and documents of a closed meeting would remain
20- 2484 sealed, subject to release by a majority vote of the
Commission or order of a court of competent jurisdiction.
The Commission would also be required to adopt and
provide and annual report to the member states.
Financing of the Commission
The Compact would require the Commission to pay or
provide for the payment of the reasonable expenses of its
establishment, organization, and ongoing activities. The
Commission would be allowed to accept any and all
appropriate revenue sources, donations, or grants of money,
equipment, supplies, materials, and services.
The Commission would be able to levy and collect an
annual assessment from each member state or impose fees
on other parties to cover the cost of the operations and
activities of the Commission and its staff, which would be
required to be a total amount sufficient to cover its approved
annual budget. The aggregate annual assessment amount
would be allocated based upon a formula determined by the
Commission.
The Compact would not allow the Commission to incur
obligations of any kind prior to securing adequate funds to
cover the cost. The Commission would not be able to pledge
the credit of any member state without the authority of the
member state.
The Commission would be required to keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the Commission would be audited yearly by
a certified or licensed public accountant, and the report of the
audit would be included in the annual report of the
Commission.
21- 2484 Qualified Immunity, Defense, and Indemnification
The Compact would specify that members, officers, the
executive director, employees, and representatives of the
Commission would be immune from suit and liability, either
personally or 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 action within the scope of
Commission employment, duties, or responsibilities; such
immunity would not apply in instances of intentional, willful, or
wanton misconduct. The procurement of insurance of any
type by the Commission would not in any way compromise or
limit the immunity granted under this Compact.
The Compact would direct the Commission to defend
any member, officer, executive director, employee, or
representative of the Commission in any civil action seeking
to impose liability occurring within the scope of Commission
employment, as long as such action was not a result of
intentional, willful, or wanton misconduct. The Compact would
not prohibit a person from retaining their own counsel.
The Compact would require the Commission to
indemnify and hold harmless any member, officer, executive
director, employee, or representative of the Commission for
the amount of any settlement or judgment obtained against
the person within the scope of commission employment,
duties, or responsibilities, provided that the act did not result
from the intentional, willful, or wanton misconduct of the
person.
Nothing in the Compact would be construed as a
limitation on the liability of any licensee for professional
malpractice or misconduct, which would be governed solely
by any other applicable state laws.
Nothing in the Compact would be interpreted to waive or
otherwise abrogate a member state's state action immunity or
state action affirmative defense with respect to antitrust
22- 2484 claims under the Sherman Act, Clayton Act, or any other state
or federal antitrust or anticompetitive law or regulation.
[Note: The Sherman Act and Clayton Act are federal
antitrust laws.]
Nothing in this Compact would be construed to be a
waiver of sovereign immunity by the member states or by the
Commission.
Data System (Section 11)
The bill would require the Commission to provide for the
development, maintenance, operation, and utilization of a
coordinated data system on all applicants for a multistate
license in member states.
As permitted by member state laws, member states
would be required to submit a uniform data set to the data
system on all individuals to whom the Compact is applicable
as required by the rules of the Commission, including:
●Identifying information;
●Licensure data;
●Adverse actions against a license or privilege to
practice;
●Non-confidential information related to alternative
program participation and related details;
●Any denial of application for licensure, and the
reasons for such denial;
●Current significant investigative information; and
●Other information that may facilitate the
administration of this Compact or the protection of
23- 2484 the public, as determined by the rules of the
Commission.
The Compact would provide that the records and
information provided to a member state pursuant to the
Compact or through the data system, when certified by the
Commission or an agent of the Commission, would constitute
the authenticated business records of the Commission and
would be entitled to any associated hearsay exception in any
relevant judicial, quasi-judicial, or administrative proceedings
in a member state.
The Compact would provide that investigative
information pertaining to a licensee in any member state
would only be available to other member states. The
Commission would be required to promptly notify all member
states of any adverse action taken against a licensee or an
individual applying for license. Adverse action information
pertaining to a licensee in any member state would be
available to any other member state.
Member states contributing information to the data
system would be able to designate information that could not
be shared with the public without express permission of the
contributing state.
Under the Compact, information submitted to the data
system that is subsequently expunged either by federal laws
or the laws of the member state would be removed from the
data system.
24- 2484 Rulemaking (Section 12)
The Compact would require the Commission to
promulgate reasonable rules to effectively and efficiently
implement and administer the purposes and provisions of the
Compact. In the event the Commission exceeds its
rulemaking authority, as determined by a court of competent
jurisdiction, beyond the scope and purposes of the Compact,
those rules by the Commission would be invalid.
The rules of the Commission would 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 would be ineffective in that state to the extent of
the conflict.
The Compact would provide for the Commission to
exercise its rulemaking powers. Rules would become binding
on the day following adoption or the date specified in the rule
or amendment, whichever is later.
The Compact would provide for a majority of member
state legislatures to reject a rule by enactment of a statute or
resolution within four years of the date of adoption of the rule.
Such rule would have no further force or effect in any
member state.
Rules or amendments to rules would be required to be
adopted at a regular or special meeting of the Commission.
Public Hearings
The Compact would require the Commission to hold a
public hearing and allow persons to provide oral and written
comments, data, facts, opinions, and arguments prior to
adoption of a proposed rule. The Commission would also be
25- 2484 required to provide notice of the proposed ruled at least 30
days in advance of the meeting at which the Commission will
hold a public hearing on the proposed rule. The notice would
be required to to be posted on the website of the Commission
or other publicly accessible platform; to persons who have
requested notice of the Commission's notices of proposed
rulemaking, and as determined by rules of the Commission.
The notice of proposed rulemaking would be required to
include:
●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;
●If the hearing is held via telecommunication,
videoconference, or other electronic means, the
mechanism for access to the hearing in the notice
of proposed rulemaking;
●The text of the proposed rule and the reason for
the rule;
●A request for comments on the proposed rule from
any interested person; and
●The manner in which interested persons may
submit written comments.
The Compact would require the Commission to record
all hearings and make available to the public the recording
and all written comments and documents received by the
Commission. A separate hearing would not be required for
each proposed rule.
The Compact would require a majority vote of all
members to take final action on the proposed rule. The
Commission would be able to adopt changes to the proposed
26- 2484 rule, provided that the changes do not enlarge the original
purpose of the proposed rule. If changes would be made, the
Commission would need to provide an explanation of reasons
for any substantive changes as well as an explanation of
reason why substantive changes were not made if
recommendations were received by commenters.
The Compact would require the Commission to
determine a reasonable effective date of adopted rules.
Except in cases of emergency rulemaking, the effective date
would not be earlier than 30 days after issuance of notice that
the rule was adopted or amended.
Emergency Rulemaking
The Commission, upon determination that an
emergency exists, would be able to consider and adopt an
emergency rule with 48 hours’ notice with an opportunity for
comment or hearing, provided the usual rulemaking
procedures provided in the Compact be retroactively applied
to the rule as soon as possible, or no later than 90 days after
the effective date of the rule. Emergency rules would be
defined as those that would be adopted immediately in order
to:
●Meet an imminent threat to public health, safety, or
welfare;
●Prevent a loss of Commission or member state
funds;
●Meet a deadline for the promulgation of an
administrative rule that is established by federal
law or rule; or
●Protect the public health and safety.
27- 2484 Rule Revisions
The Compact would provide for the Commission or an
authorized committee of the Commission to direct revisions to
a previously adopted rule or amendment for purposes of
correcting typographical errors, errors in format, errors in
consistency, or grammatical errors. Public notice of revisions
would be posted on the Commission’s website.
The Compact would provide for revisions to be subject
to challenge by any person for a period of 30 days after
posting. Revisions could only be challenged on grounds that
the revision results in a direct material change to the rule.
Challenges would be required to be made in writing and
delivered to the Commission prior to the end of the notice
period. If no challenge is made, the revision would take effect
without further action. If the revision is challenged, it would
not take effect without approval of the Commission. The
Compact would provide that the rulemaking requirements of
member states would not apply.
Oversight, Dispute Resolution, and Enforcement
(Section 13)
Oversight
The Compact would provide that the executive and
judicial branches in each member state would enforce and
implement the Compact. Unless specifically provided in the
Compact, judicial proceedings and venue would be
appropriate in the location of the principal office of the
Commission. The Commission could waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings. The
Compact would not affect or limit the selection or propriety of
venue in any action against a licensee for professional
malpractice, misconduct, or any such similar matter.
28- 2484 Under the Compact, the Commission would be entitled
to receive service of process and have standing to intervene
in any such proceeding for all purposes. Failure to provide
service of process to the Commission would render a
judgment or order void as to the Commission, the Compact,
and promulgated rules.
Default, Technical Assistance, and Termination
Under the Compact, if the Commission determines that
a member state has defaulted in performance of its
obligations or responsibilities under the Compact or its rules,
the Commission would:
●Provide written notice to the defaulting state and
other member states of the nature of the default,
the proposed means of curing the default, and any
other action to be taken by the Commission; and
●Offer training and specific technical assistance
regarding the default.
A state that fails to cure a default would be subject to
termination from the Compact upon affirmative vote of a
majority of the member states. A cure of the default would not
relieve the offending state of obligations or liabilities incurred
during the period of default.
The Compact would state that termination of
membership would be imposed only after all other means of
securing compliance have been exhausted. Notice of intent to
suspend or terminate would be required to be provided by the
Commission to the defaulting state’s governor, the majority
and minority leaders of the defaulting state’s legislature, the
defaulting state’s licensing authority, and each of the member
states’ licensing authorities. A terminated state would be
responsible for all assessments, obligations, and liabilities
incurred through the effective date of termination, including
obligations that extend beyond the effective date of
termination.
29- 2484 The Compact would state that immediately upon the
termination of a state's membership from the Compact, the
state would immediately provide notice to all licensees within
that state of such termination. The terminated state would
continue to recognize all licenses granted pursuant to the
Compact for a minimum of six months after the date of said
notice of termination.
The Compact would state the Commission would 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.
The defaulting state would be able to 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
member would be awarded all costs of such litigation,
including reasonable attorney fees.
Dispute Resolution
The Compact would provide that, upon request of a
member state, the Commission would attempt to resolve
disputes related to the Compact that arise among member
states and between member and non-member states.
The Compact would require the Commission to
promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
Enforcement
Under the Compact, the Commission would enforce the
provisions and rules of the Compact. By majority vote, the
Commission would be able to initiate legal action in the
United States District Court for the District of Columbia or the
federal district where the Commission has its principal offices
30- 2484 against a member state to enforce compliance with the
provisions and promulgated rules of the Compact. The relief
sought would be able to include both injunctive relief and
damages. In the event judicial enforcement would be
necessary, the prevailing party would be awarded all costs of
such litigation, including reasonable attorney fees. The
remedies included in the Compact would not be the exclusive
remedies of the Commission; other remedies available under
federal or state law could be pursued.
Under the Compact, a member state would be able to
enforce the Compact against the Commission. The member
would be able to initiate legal action in the United States
District Court for the District of Columbia or the federal district
where the Commission has its principal offices against a
member state to enforce compliance with the provisions and
promulgated rules of the Compact. The relief sought would be
able to include both injunctive relief and damages. In the
event judicial enforcement would be necessary, the prevailing
party would be awarded all costs of such litigation, including
reasonable attorney fees.
31- 2484 Effective Date, Withdrawal, and Amendment (Section 14)
The Compact would be effective on the date in which
the Compact statute is enacted into law in the seventh
member state. At that time, the Commission would convene
and review the enactment of the charter member states and
would determine if the statutes enacted by each of the seven
states is materially different from the model Compact statute.
If the Commission would find that there was a materially
different enactment by a state, the state would be permitted
to follow the default process of the Compact. The Compact
would permit the Commission to remain in effect in the event
that there was a default or withdrawal by one of the seven
states. Any state that would join the Compact subsequent to
the Commission’s initial review of the seven states would also
have the statutes enacted by the state reviewed by the
Commission to determine if the statute are materially different
from the model Compact.
The Compact would provide that all actions taken for the
benefit of the Commission or in furtherance of the Compact
prior to the effective date of the Compact or the Commission
coming into existence would be considered to be actions of
the Commission unless specifically repudiated by the
Commission. Any state that would join the Compact
subsequent to the Commission’s initial adoption of the rules
would be subject to the rules as they exist on the date in
which the Compact becomes law in that state.
Any member state would be able to withdraw from the
Compact by repealing the Compact statute. A member state’s
withdrawal would not take effect until 180 days after
enactment of the repealing statute. The Compact would state
that immediately upon the withdrawal of a state's membership
from the Compact, the state would provide notice to all
licensees within the state. The withdrawing state would
continue to recognize all licenses granted pursuant to the
Compact for a minimum of 180 days after the date of said
notice of withdrawal. Withdrawal from the Compact would not
affect the continuing requirement of the withdrawing state’s
32- 2484 licensing authority to comply with the investigative and
adverse action reporting requirements of the Compact prior to
the effective date of withdrawal.
Nothing in the Compact would be construed to invalidate
or prevent any social work licensure agreement or other
cooperative arrangement between a member state and a
non-member state that does not conflict with the provisions of
the Compact.
The Compact would be amendable by member states;
no amendment to the Compact would become effective and
binding upon any member state until enacted into the laws of
all member states.
Construction and Severability (Section 15)
The provision of the Compact and the Commission's
rulemaking authority would 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
would not be construed to limit the Commission's rulemaking
authority solely for those purposes.
The provisions of the Compact would be severable if
found to be contrary to the constitution of any member state
or state seeking participation in the Compact, or of the United
States. If provisions of the Compact would be found to be
invalid, the validity of the remainder of the Compact and its
applicability would not be affected.
The provisions of the Compact would allow the
Commission to deny a state's participation in the Compact or
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. If the
Compact were to be found contrary to the constitution of any
member state, the Compact would remain in full force and
33- 2484 effect in the remaining member states; portions of the
Compact not in conflict with the state’s constitution would
remain in effect in the affected member state.
Consistent Effect and Conflict with Other State Laws
(Section 16)
The Compact would state a licensee providing services
in a remote state under a multistate authorization to practice
would 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.
Nothing in the Compact would prevent the enforcement
of any other law of a member state that is not inconsistent
with the Compact.
Any laws in a member state in conflict with the Compact
would be superseded to the extent of the conflict. All
permissible agreements between the Commission and the
members states would be binding in accordance with their
terms.
Background Checks (Amending KSA 2023 Supp. 65-
6314)
The bill would add the following requirements for
applicants for licensure under the Social Work Licensure Act:
●All applicants for initial licensure, renewal, or
reinstatement would be required to submit to a
state and national criminal history record check;
●The Behavioral Sciences Regulatory Board
(BSRB) could require applicants for renewal of a
license to submit to a state and national history
record check if the applicant had submitted a
history record check in the last five years;
34- 2484 ●All applicants for a multistate license would have to
be fingerprinted and the BSRB would submit the
fingerprints to both the Kansas Bureau of
Investigation (KBI) and the FBI for a search of the
state and federal databases;
Permitted Use of Information
The bill would identify that fingerprints and criminal
history record information would be used to identify a person
and determine if the person has a record of criminal history in
this state or another jurisdiction.
The bill would allow the BSRB to use the the information
obtained from fingerprinting and the criminal history 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 to maintain a license of multistate
practice privilege under the Compact.
The bill would allow the KBI to release criminal history
record information related to adult convictions to the BSRB
for the requested social work license applicant.
The bill would allow local and state law enforcement
officers and agencies to assist the BSRB in taking and
processing of fingerprints of applicants for multistate licensure
and would be permitted to release all records of adult
convictions to the BSRB.
The bill would also permit the KBI to charge a
reasonable fee for conducting a criminal history record check.
35- 2484 Confidentiality of Records
The bill would make fingerprints and criminal history
record information received through the licensure process
confidential nor would it be available through the Kansas
Open Records Act. This provision would expire on July 1,
2029, unless renewed and reenacted by the Legislature.
The bill would prohibit disclosure or use of any
information received through the licensure process except for
its intended purpose. Unauthorized disclosure or use would
be a class A nonperson misdemeanor and would also
constitute grounds for removal from office.
The bill would define “licensee” as a person who has:
●Submitted an original application;
●Submitted an application for renewal or
reinstatement of a license; or
●A person who currently holds a social work license
as issued by the BSRB.
License Fee
The bill would provide for the BSRB to establish a fee of
not more than $25 for a new license or renewal fee for a
home state license with privilege to practice under the
Compact, in addition to any other applicable fee.
Background
The bill was introduced by Representative S. Ruiz.
36- 2484 House Committee on Health and Human Services
In the House Committee hearing on January 23, 2024,
proponent testimony was provided by representatives of the
BSRB, Council of State Governments, Fresenius Medical
Care, Integrated Psychiatric Consultants, the Kansas Chapter
of the National Association of Social Workers, and a
practicing social worker. Proponents generally stated the bill
would substantially change state licensure for social workers,
including mobility of licensees, continuity of care to clients,
and allowance of additional telehealth practice in Kansas, and
would allow licensees with a multistate license to provide
telehealth practice into other Compact member states.
Written-only proponent testimony was provided by
representatives of AdventHealth Shawnee Mission; Fort Hays
State University; United States Department of Defense, State
Liaison Office; two representatives of Pittsburg State
University; and five private citizens.
No other testimony was provided.
The House Committee amended the bill to include a
background check procedure for the Social Work Licensure
Act and amend the fee relating to the multistate licenses
under the Compact.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, BSRB anticipates that
enough states will enact the Compact during the 2024
Legislative session that the Compact Commission would
begin meeting in the fall of 2024. It is estimated that the
Compact would become functional in January 2025. If this
timeline holds, it is estimated that the loss in revenue for FY
2025 would be $38,410, then the full reduction in revenue
would be realized in FY 2026 and each year thereafter
($76,820).
37- 2484 However, as a fee-funded agency, by statute, the BSRB
is required to contribute 10.0 percent of all revenue to the
State General Fund (SGF), up to $100,000. Therefore, a loss
of revenue of $38,410 in FY 2025 would be a decrease in
revenue to the BSRB Fee Fund of $34,569 and a decrease to
the SGF revenue of $3,841 in FY 2025. Similarly, a loss of
revenue of $76,820 in FY 2026 would be a decrease in
revenue to the BSRB Fee Fund of $69,138 and a decrease to
the SGF revenue of $7,682 in FY 2026.
At this time, it is unknown how many social workers who
have Kansas as their home state would wish to move to a
multistate license, or how quickly they would do it. It is
anticipated that some individuals could wait until their current
license expires before changing license types, so there could
be a rollout spread over several years. The BSRB will be
sending a survey to social work licensees to determine
interest in moving to a multistate license, which will be helpful
in estimating what could be charged for a multistate license to
potentially mitigate lost revenue.
Currently, social workers in Kansas are not required to
complete a background check, but it is anticipated the fee for
these types of background checks would be $48.00 per
individual. This charge would ultimately be paid to the KBI for
completing the fingerprinting and running the report. At this
time, the BSRB cannot estimate how many individuals would
switch to the multistate license and need to pass the
background check, or the impact processing these reports
would have on staff workloads.
It is not currently known whether the Compact will
charge member states a membership fee to be a member
state in the Compact, so no fiscal effect was estimated for
this possible cost. At this time, the BSRB has not taken a
position on a specific amount for multistate license fees;
however, if the new multistate license fees are higher than a
traditional single-state license fee, revenue loss could be
mitigated.
38- 2484 The Department for Children and Families (DCF)
assumes the licensure fees it pays for social workers
employed by DCF would be either a Kansas license or a
multistate license, but not both. Since the fees outlined in the
bill are the same for both a Kansas license and multistate
license for each category, there would be no fiscal impact to
DCF.
The Office of Judicial Administration indicates that the
bill would not have a significant fiscal effect on expenditures
of the Judicial Branch. While the bill’s provisions could create
more work for district court personnel because it provides for
judicial enforcement of multistate social worker licensure
violations, this is not anticipated to be significant. The bill
would not have a fiscal effect on revenues to the Judicial
Branch. However, the passage of the bill could result in the
collection of docket fees in those cases filed under the
provisions of the bill, which would be deposited in the SGF.
Any fiscal effect associated with the bill is not reflected in The
FY 2025 Governor’s Budget Report.
Behavioral Sciences Regulatory Board; multistate license; Social Work Licensure
Compact; social workers; fees; background checks; fingerprinting
39- 2484