Kansas 2023-2024 Regular Session

Kansas House Bill HB2484 Compare Versions

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1	1	HOUSE BILL No. 2484
2	2	AN ACT concerning the behavioral sciences; relating to social work; enacting the social
3	3	work licensure compact to provide interstate practice privileges; requiring applicants
4	4	for social work licensure to submit to a criminal history record check; authorizing the
5	5	behavioral sciences regulatory board to establish a fee for a license with compact
6	6	practice privileges; amending K.S.A. 2023 Supp. 65-6314 and repealing the existing
7	7	section.
8	8	Be it enacted by the Legislature of the State of Kansas:
9	9	New Section 1. This section shall be known and may be cited as
10	10	the social work licensure compact.
11	11	SECTION 1—PURPOSE
12	12	The purpose of this compact is to facilitate interstate practice of
13	13	regulated social workers by improving public access to competent
14	14	social work services. The compact preserves the regulatory authority of
15	15	states to protect public health and safety through the current system of
16	16	state licensure. This compact is designed to achieve the following
17	17	objectives:
18	18	(a) Increase public access to social work services;
19	19	(b) reduce overly burdensome and duplicative requirements
20	20	associated with holding multiple licenses;
21	21	(c) enhance the member states' ability to protect the public's health
22	22	and safety;
23	23	(d) encourage the cooperation of member states in regulating
24	24	multistate practice;
25	25	(e) promote mobility and address workforce shortages by
26	26	eliminating the necessity for licenses in multiple states through the
27	27	mutual recognition of other member state licenses;
28	28	(f) support military families;
29	29	(g) facilitate the exchange of licensure and disciplinary
30	30	information among member states;
31	31	(h) authorize all member states to hold a regulated social worker
32	32	accountable for abiding by a member state's laws, regulations and
33	33	applicable professional standards in the member state where the client
34	34	is located at the time care is rendered; and
35	35	(i) allow for the use of telehealth to facilitate increased access to
36	36	regulated social work services.
37	37	SECTION 2—DEFINITIONS
38	38	As used in this compact, and except as otherwise provided, the
39	39	following definitions shall apply:
40	40	(a) "Active military member" means any individual with full-time
41	41	duty status in the active armed forces of the United States, including
42	42	members of the national guard and reserve.
43	43	(b) "Adverse action" means any administrative, civil, equitable or
44	44	criminal action permitted by a state's laws that is imposed by a
45	45	licensing authority or other authority against a regulated social worker,
46	46	including actions against an individual's license or multistate
47	47	authorization to practice such as revocation, suspension, probation,
48	48	monitoring of the licensee, limitation on the licensee's practice or any
49	49	other encumbrance on licensure affecting a regulated social worker's
50	50	authorization to practice, including issuance of a cease and desist
51	51	action.
52	52	(c) "Alternative program" means a non-disciplinary monitoring or
53	53	practice remediation process approved by a licensing authority to
54	54	address practitioners with an impairment.
55	55	(d) "Charter member states" means member states that have
56	56	enacted legislation to adopt this compact where such legislation
57	57	predates the effective date of this compact as described in section 14 of
58	58	this compact.
59	59	(e) "Compact commission" or "commission" means the
60	60	government agency whose membership consists of all states that have HOUSE BILL No. 2484—page 2
61	61	enacted this compact, which is known as the social work licensure
62	62	compact commission as described in section 10 of this compact, and
63	63	shall operate as an instrumentality of the member states.
64	64	(f) "Current significant investigative information" means
65	65	investigative information that:
66	66	(1) A licensing authority, after a preliminary inquiry that includes
67	67	notification and an opportunity for the regulated social worker to
68	68	respond, has reason to believe is not groundless and, if proved true,
69	69	would indicate more than a minor infraction as may be defined by the
70	70	commission; or
71	71	(2) Indicates that the regulated social worker represents an
72	72	immediate threat to public health and safety, as may be defined by the
73	73	commission, regardless of whether the regulated social worker has been
74	74	notified and has had an opportunity to respond.
75	75	(g) "Data system" means a repository of information about
76	76	licensees, including, continuing education, examination, licensure,
77	77	current significant investigative information, disqualifying event,
78	78	multistate license and adverse action information or other information
79	79	as required by the commission.
80	80	(h) "Disqualifying event" means any adverse action or incident
81	81	that results in an encumbrance that disqualifies or makes the licensee
82	82	ineligible to either obtain, retain or renew a multistate license.
83	83	(i) "Domicile" means the jurisdiction in which the licensee resides
84	84	and intends to remain indefinitely.
85	85	(j) "Encumbrance" means a revocation or suspension of, or any
86	86	limitation on, the full and unrestricted practice of social work licensed
87	87	and regulated by a licensing authority.
88	88	(k) "Executive committee" means a group of delegates elected or
89	89	appointed to act on behalf of, and within the powers granted to them by,
90	90	the compact and commission.
91	91	(l) "Home state" means the member state that is the licensee's
92	92	primary domicile.
93	93	(m) "Impairment" means a condition that may impair a
94	94	practitioner's ability to engage in full and unrestricted practice as a
95	95	regulated social worker without some type of intervention and may
96	96	include alcohol and drug dependence, mental health impairment and
97	97	neurological or physical impairments.
98	98	(n) "Licensee" means an individual who currently holds a license
99	99	from a state to practice as a regulated social worker.
100	100	(o) "Licensing authority" means the board or agency of a member
101	101	state, or equivalent, that is responsible for the licensing and regulation
102	102	of regulated social workers.
103	103	(p) "Member state" means a state, commonwealth, district or
104	104	territory of the United States of America that has enacted this compact.
105	105	(q) "Multistate authorization to practice" means a legally
106	106	authorized privilege to practice, which is equivalent to a license,
107	107	associated with a multistate license permitting the practice of social
108	108	work in a remote state.
109	109	(r) "Multistate license" means a license to practice as a regulated
110	110	social worker issued by a home state licensing authority that authorizes
111	111	the regulated social worker to practice in all member states under
112	112	multistate authorization to practice.
113	113	(s) "Qualifying national exam" means a national licensing
114	114	examination approved by the commission.
115	115	(t) "Regulated social worker" means any clinical, master's or
116	116	bachelor's social worker licensed by a member state regardless of the
117	117	title used by that member state.
118	118	(u) "Remote state" means a member state other than the licensee's
119	119	home state.
120	120	(v) "Rule" or "rule of the commission" means a regulation duly
121	121	promulgated by the commission, as authorized by the compact, that has
122	122	the force of law.
123	123	(w) "Single-state license" means a social work license issued by
124	124	any state that authorizes practice only within the issuing state and does HOUSE BILL No. 2484—page 3
125	125	not include multistate authorization to practice in any member state.
126	126	(x) "Social work" or "social work services" means the application
127	127	of social work theory, knowledge, methods and ethics and the
128	128	professional use of self to restore or enhance social, psychosocial or
129	129	biopsychosocial functioning of individuals, couples, families, groups,
130	130	organizations and communities through the care and services provided
131	131	by a regulated social worker as set forth in the member state's statutes
132	132	and regulations in the state where the services are being provided.
133	133	(y) "State" means any state, commonwealth, district or territory of
134	134	the United States of America that regulates the practice of social work.
135	135	(z) "Unencumbered license" means a license that authorizes a
136	136	regulated social worker to engage in the full and unrestricted practice of
137	137	social work.
138	138	SECTION 3—STATE PARTICIPATION IN THE COMPACT
139	139	(a) To be eligible to participate in the compact, a potential member
140	140	state shall currently meet all of the following criteria:
141	141	(1) License and regulate the practice of social work at either the
142	142	clinical, master's or bachelor's category;
143	143	(2) require applicants for licensure to graduate from a program
144	144	that is:
145	145	(A) Operated by a college or university recognized by the
146	146	licensing authority;
147	147	(B) accredited, or in candidacy by an institution that subsequently
148	148	becomes accredited, by an accrediting agency recognized by either:
149	149	(i) The council for higher education accreditation, or its successor;
150	150	or
151	151	(ii) the United States department of education; and
152	152	(C) corresponds to the licensure sought as outlined in section 4 of
153	153	this compact;
154	154	(3) require applicants for clinical licensure to complete a period of
155	155	supervised practice; and
156	156	(4) have a mechanism in place for receiving, investigating and
157	157	adjudicating complaints about licensees.
158	158	(b) To maintain membership in the compact, a member state shall:
159	159	(1) Require that applicants for a multistate license pass a
160	160	qualifying national exam for the corresponding category of multistate
161	161	license sought as outlined in section 4 of this compact;
162	162	(2) participate fully in the commission's data system, including
163	163	using the commission's unique identifier as defined in rules;
164	164	(3) notify the commission, in compliance with the terms of the
165	165	compact and rules, of any adverse action or the availability of current
166	166	significant investigative information regarding a licensee;
167	167	(4) implement procedures for considering the criminal history
168	168	records of applicants for a multistate license. Such procedures shall
169	169	include the submission of fingerprints or other biometric-based
170	170	information by applicants for the purpose of obtaining an applicant's
171	171	criminal history record information from the federal bureau of
172	172	investigation and the agency responsible for retaining that state's
173	173	criminal records;
174	174	(5) comply with the rules of the commission;
175	175	(6) require an applicant to obtain or retain a license in the home
176	176	state and meet the home state's qualifications for licensure or renewal
177	177	of licensure, as well as all other applicable home state laws;
178	178	(7) authorize a licensee holding a multistate license in any
179	179	member state to practice in accordance with the terms of the compact
180	180	and rules of the commission; and
181	181	(8) designate a delegate to participate in the commission meetings.
182	182	(c) A member state meeting the requirements of subsections (a)
183	183	and (b) shall designate the categories of social work licensure that are
184	184	eligible for issuance of a multistate license for applicants in such
185	185	member state. To the extent that any member state does not meet the
186	186	requirements for participation in the compact at any particular category
187	187	of social work licensure, such member state may choose, but is not
188	188	obligated to, issue a multistate license to applicants that otherwise meet HOUSE BILL No. 2484—page 4
189	189	the requirements of section 4 of this compact for issuance of a
190	190	multistate license in such category or categories of licensure.
191	191	(d) The home state may charge a fee for granting the multistate
192	192	license.
193	193	SECTION 4—SOCIAL WORKER PARTICIPATION IN THE
194	194	COMPACT
195	195	(a) To be eligible for a multistate license under the terms and
196	196	provisions of the compact, an applicant, regardless of category, shall:
197	197	(1) Hold or be eligible for an active, unencumbered license in the
198	198	home state;
199	199	(2) pay any applicable fees, including any state fee, for the
200	200	multistate license;
201	201	(3) submit, in connection with an application for a multistate
202	202	license, fingerprints or other biometric data for the purpose of obtaining
203	203	criminal history record information from the federal bureau of
204	204	investigation and the agency responsible for retaining that state's
205	205	criminal records;
206	206	(4) notify the home state of any adverse action, encumbrance or
207	207	restriction on any professional license taken by any member state or
208	208	non-member state within 30 days after the date the action is taken;
209	209	(5) meet any continuing competence requirements established by
210	210	the home state; and
211	211	(6) abide by the laws, regulations and applicable standards in the
212	212	member state where the client is located at the time care is rendered.
213	213	(b) An applicant for a clinical-category multistate license shall
214	214	meet all of the following requirements:
215	215	(1) Fulfill a competency requirement, which shall be satisfied by:
216	216	(A) Passage of a clinical-category qualifying national exam;
217	217	(B) licensure of the applicant in their home state at the clinical
218	218	category, beginning prior to such time as a qualifying national exam
219	219	was required by the home state and accompanied by a period of
220	220	continuous social work licensure thereafter, all of which may be further
221	221	governed by the rules of the commission; or
222	222	(C) the substantial equivalency of the foregoing competency
223	223	requirements, which the commission may determine by rule;
224	224	(2) attain at least a master's degree in social work from a program
225	225	that is:
226	226	(A) Operated by a college or university recognized by the
227	227	licensing authority; and
228	228	(B) Accredited, or in candidacy that subsequently becomes
229	229	accredited, by an accrediting agency recognized by either:
230	230	(i) The council for higher education accreditation or its successor;
231	231	or
232	232	(ii) the United States department of education; and
233	233	(3) fulfill a practice requirement, which shall be satisfied by
234	234	demonstrating completion of:
235	235	(A) A period of postgraduate supervised clinical practice equal to
236	236	a minimum of 3,000 hours;
237	237	(B) a minimum of two years of full-time postgraduate supervised
238	238	clinical practice; or
239	239	(C) the substantial equivalency of the foregoing practice
240	240	requirements that the commission may determine by rule.
241	241	(c) An applicant for a master's-category multistate license shall
242	242	meet all of the following requirements:
243	243	(1) Fulfill a competency requirement, which shall be satisfied by:
244	244	(A) Passage of a master's-category qualifying national exam;
245	245	(B) licensure of the applicant in their home state at the master's
246	246	category, beginning prior to such time as a qualifying national exam
247	247	was required by the home state at the master's category and
248	248	accompanied by a continuous period of social work licensure thereafter,
249	249	all of which may be further governed by the rules of the commission; or
250	250	(C) the substantial equivalency of the foregoing competency
251	251	requirements, which the commission may determine by rule; and
252	252	(2) attain at least a master's degree in social work from a program HOUSE BILL No. 2484—page 5
253	253	that is:
254	254	(A) Operated by a college or university recognized by the
255	255	licensing authority; and
256	256	(B) accredited, or in candidacy that subsequently becomes
257	257	accredited, by an accrediting agency recognized by either:
258	258	(i) The council for higher education accreditation or its successor;
259	259	or
260	260	(ii) the United States department of education.
261	261	(d) An applicant for a bachelor's-category multistate license shall
262	262	meet all of the following requirements:
263	263	(1) Fulfill a competency requirement, which shall be satisfied by:
264	264	(A) Passage of a bachelor's-category qualifying national exam;
265	265	(B) Licensure of the applicant in their home state at the bachelor's
266	266	category, beginning prior to such time as a qualifying national exam
267	267	was required by the home state and accompanied by a period of
268	268	continuous social work licensure thereafter, all of which may be further
269	269	governed by the rules of the commission; or
270	270	(C) the substantial equivalency of the foregoing competency
271	271	requirements, which the commission may determine by rule; and
272	272	(2) attain at least a bachelor's degree in social work from a
273	273	program that is:
274	274	(A) Operated by a college or university recognized by the
275	275	licensing authority; and
276	276	(B) accredited, or in candidacy that subsequently becomes
277	277	accredited, by an accrediting agency recognized by either:
278	278	(i) The council for higher education accreditation or its successor;
279	279	or
280	280	(ii) the United States department of education.
281	281	(e) The multistate license for a regulated social worker is subject
282	282	to the renewal requirements of the home state. The regulated social
283	283	worker shall maintain compliance with the requirements of section 4(a)
284	284	of this compact to be eligible to renew a multistate license.
285	285	(f) The regulated social worker's services in a remote state are
286	286	subject to that member state's regulatory authority. A remote state may,
287	287	in accordance with due process and that member state's laws, remove a
288	288	regulated social worker's multistate authorization to practice in the
289	289	remote state for a specific period of time, impose fines and take any
290	290	other necessary actions to protect the health and safety of its citizens.
291	291	(g) If a multistate license is encumbered, the regulated social
292	292	worker's multistate authorization to practice shall be deactivated in all
293	293	remote states until the multistate license is no longer encumbered.
294	294	(h) If a multistate authorization to practice is encumbered in a
295	295	remote state, the regulated social worker's multistate authorization to
296	296	practice may be deactivated in that state until the multistate
297	297	authorization to practice is no longer encumbered.
298	298	SECTION 5—ISSUANCE OF A MULTISTATE LICENSE
299	299	(a) Upon receipt of an application for multistate license, the home
300	300	state licensing authority shall determine the applicant's eligibility for a
301	301	multistate license in accordance with section 4 of this compact.
302	302	(b) If such applicant is eligible pursuant to section 4 of this
303	303	compact, the home state licensing authority shall issue a multistate
304	304	license that authorizes the applicant or regulated social worker to
305	305	practice in all member states under a multistate authorization to
306	306	practice.
307	307	(c) Upon issuance of a multistate license, the home state licensing
308	308	authority shall designate whether the regulated social worker holds a
309	309	multistate license in the bachelor's, master's or clinical category of
310	310	social work.
311	311	(d) A multistate license issued by a home state to a resident in that
312	312	state shall be recognized by all compact member states as authorizing
313	313	social work practice under a multistate authorization to practice
314	314	corresponding to each category of licensure regulated in each member
315	315	state. HOUSE BILL No. 2484—page 6
316	316	SECTION 6—AUTHORITY OF INTERSTATE COMPACT
317	317	COMMISSION AND MEMBER STATE LICENSING
318	318	AUTHORITIES
319	319	(a) Nothing in this compact, nor any rule of the commission, shall
320	320	be construed to limit, restrict or in any way reduce the ability of a
321	321	member state to enact and enforce laws, regulations or other rules
322	322	related to the practice of social work in that state, where those laws,
323	323	regulations or other rules are not inconsistent with the provisions of this
324	324	compact.
325	325	(b) Nothing in this compact shall affect the requirements
326	326	established by a member state for the issuance of a single-state license.
327	327	(c) Nothing in this compact, nor any rule of the commission, shall
328	328	be construed to limit, restrict or in any way reduce the ability of a
329	329	member state to take adverse action against a licensee's single-state
330	330	license to practice social work in that state.
331	331	(d) Nothing in this compact, nor any rule of the commission, shall
332	332	be construed to limit, restrict or in any way reduce the ability of a
333	333	remote state to take adverse action against a licensee's multistate
334	334	authorization to practice in that state.
335	335	(e) Nothing in this compact, nor any rule of the commission, shall
336	336	be construed to limit, restrict or in any way reduce the ability of a
337	337	licensee's home state to take adverse action against a licensee's
338	338	multistate license based upon information provided by a remote state.
339	339	SECTION 7—REISSUANCE OF A MULTISTATE LICENSE BY A
340	340	NEW HOME STATE
341	341	(a) A licensee may hold a multistate license, issued by their home
342	342	state, in only one member state at any given time.
343	343	(b) If a licensee changes their home state by moving between two
344	344	member states:
345	345	(1) The licensee shall immediately apply for the reissuance of
346	346	their multistate license in their new home state. The licensee shall pay
347	347	all applicable fees and notify the prior home state in accordance with
348	348	the rules of the commission.
349	349	(2) Upon receipt of an application to reissue a multistate license,
350	350	the new home state shall verify that the multistate license is active,
351	351	unencumbered and eligible for reissuance under the terms of the
352	352	compact and the rules of the commission. The multistate license issued
353	353	by the prior home state will be deactivated and all member states
354	354	notified in accordance with the applicable rules adopted by the
355	355	commission.
356	356	(3) Prior to the reissuance of the multistate license, the new home
357	357	state shall conduct procedures for considering the criminal history
358	358	records of the licensee. Such procedures shall include the submission of
359	359	fingerprints or other biometric-based information by applicants for the
360	360	purpose of obtaining an applicant's criminal history record information
361	361	from the federal bureau of investigation and the agency responsible for
362	362	retaining such new home state's criminal records.
363	363	(4) If required for initial licensure, the new home state may
364	364	require completion of jurisprudence requirements in the new home
365	365	state.
366	366	(5) Notwithstanding any other provision of this compact, if a
367	367	licensee does not meet the requirements set forth in this compact for the
368	368	reissuance of a multistate license by the new home state, then the
369	369	licensee shall be subject to the new home state requirements for the
370	370	issuance of a single-state license in that state.
371	371	(c) If a licensee changes their primary state of residence by
372	372	moving from a member state to a non-member state, or from a non-
373	373	member state to a member state, then the licensee shall be subject to the
374	374	state requirements for the issuance of a single-state license in the new
375	375	home state.
376	376	(d) Nothing in this compact shall interfere with a licensee's ability
377	377	to hold a single-state license in multiple states, except that, for the
378	378	purposes of this compact, a licensee shall have only one home state and
379	379	only one multistate license. HOUSE BILL No. 2484—page 7
380	380	(e) Nothing in this compact shall interfere with the requirements
381	381	established by a member state for the issuance of a single-state license.
382	382	SECTION 8—MILITARY FAMILIES
383	383	An active military member or their spouse shall designate a home
384	384	state where the individual has a multistate license. The individual may
385	385	retain their home state designation during the period the service
386	386	member is on active duty.
387	387	SECTION 9—ADVERSE ACTIONS
388	388	(a) (1) In addition to the other powers conferred by state law, a
389	389	remote state shall have the authority, in accordance with existing state
390	390	due process law, to take adverse action against a regulated social
391	391	worker's multistate authorization to practice only within that member
392	392	state and issue subpoenas for both hearings and investigations that
393	393	require the attendance and testimony of witnesses as well as the
394	394	production of evidence. Subpoenas issued by a licensing authority in a
395	395	member state for the attendance and testimony of witnesses or the
396	396	production of evidence from another member state shall be enforced in
397	397	the latter state by any court of competent jurisdiction, according to the
398	398	practice and procedure of that court applicable to subpoenas issued in
399	399	proceedings pending before it. The issuing licensing authority shall pay
400	400	any witness fees, travel expenses, mileage and other fees required by
401	401	the service statutes of the state in which the witnesses or evidence are
402	402	located.
403	403	(2) Only the home state shall have the power to take adverse
404	404	action against a regulated social worker's multistate license.
405	405	(b) For purposes of taking adverse action, the home state shall
406	406	give the same priority and effect to reported conduct received from a
407	407	member state as it would if the conduct had occurred within the home
408	408	state. In so doing, the home state shall apply its own state laws to
409	409	determine appropriate action.
410	410	(c) The home state shall complete any pending investigations of a
411	411	regulated social worker who changes their home state during the course
412	412	of the investigations. The home state shall also have the authority to
413	413	take appropriate action and shall promptly report the conclusions of the
414	414	investigations to the administrator of the data system. The administrator
415	415	of the data system shall promptly notify the new home state of any
416	416	adverse actions.
417	417	(d) A member state, if otherwise permitted by state law, may
418	418	recover from the affected regulated social worker the costs of
419	419	investigations and dispositions of cases resulting from any adverse
420	420	action taken against that regulated social worker.
421	421	(e) A member state may take adverse action based on the factual
422	422	findings of another member state, provided that the member state
423	423	follows its own procedures for taking the adverse action.
424	424	(f) Joint investigations:
425	425	(1) In addition to the authority granted to a member state by its
426	426	respective social work practice act or other applicable state law, any
427	427	member state may participate with other member states in joint
428	428	investigations of licensees.
429	429	(2) Member states shall share any investigative, litigation or
430	430	compliance materials in furtherance of any joint or individual
431	431	investigation initiated under the compact.
432	432	(g) If adverse action is taken by the home state against the
433	433	multistate license of a regulated social worker, the regulated social
434	434	worker's multistate authorization to practice in all other member states
435	435	shall be deactivated until all encumbrances have been removed from
436	436	the multistate license. All home state disciplinary orders that impose
437	437	adverse action against the license of a regulated social worker shall
438	438	include a statement that the regulated social worker's multistate
439	439	authorization to practice is deactivated in all member states until all
440	440	conditions of the decision, order or agreement are satisfied.
441	441	(h) If a member state takes adverse action, it shall promptly notify
442	442	the administrator of the data system. The administrator of the data
443	443	system shall promptly notify the home state and all other member states HOUSE BILL No. 2484—page 8
444	444	of any adverse actions by remote states.
445	445	(i) Nothing in this compact shall override a member state's
446	446	decision that participation in an alternative program may be used in lieu
447	447	of adverse action.
448	448	(j) Nothing in this compact shall authorize a member state to
449	449	demand the issuance of subpoenas for attendance and testimony of
450	450	witnesses or the production of evidence from another member state for
451	451	lawful actions within that member state.
452	452	(k) Nothing in this compact shall authorize a member state to
453	453	impose disciplinary action against a regulated social worker who holds
454	454	a multistate authorization to practice for lawful actions within another
455	455	member state.
456	456	SECTION 10—ESTABLISHMENT OF SOCIAL WORK
457	457	LICENSURE COMPACT COMMISSION
458	458	(a) The compact member states hereby create and establish a joint
459	459	government agency whose membership consists of all member states
460	460	that have enacted the compact known as the social work licensure
461	461	compact commission. The commission is an instrumentality of the
462	462	compact states acting jointly and not an instrumentality of any one
463	463	state. The commission shall come into existence on or after the
464	464	effective date of the compact as set forth in section 14 of this compact.
465	465	(b) Membership, voting and meetings:
466	466	(1) Each member state shall have and be limited to one delegate
467	467	selected by that member state's state licensing authority.
468	468	(2) The delegate shall be either:
469	469	(A) A current member of the state licensing authority at the time
470	470	of appointment, who is a regulated social worker or public member of
471	471	the state licensing authority; or
472	472	(B) an administrator of the state licensing authority or their
473	473	designee.
474	474	(3) The commission shall by rule or bylaw establish a term of
475	475	office for delegates and may by rule or bylaw establish term limits.
476	476	(4) The commission may recommend the removal or suspension
477	477	of any delegate from office.
478	478	(5) A member state's state licensing authority shall fill any
479	479	vacancy of its delegate occurring on the commission within 60 days
480	480	after the vacancy occurs.
481	481	(6) Each delegate shall be entitled to one vote on all matters
482	482	before the commission requiring a vote by commission delegates.
483	483	(7) A delegate shall vote in person or by such other means as
484	484	provided in the bylaws. The bylaws may provide for delegates to meet
485	485	by telecommunication, videoconference or other means of
486	486	communication.
487	487	(8) The commission shall meet at least once during each calendar
488	488	year. Additional meetings may be held as set forth in the bylaws. The
489	489	commission may meet by telecommunication, videoconference or other
490	490	similar electronic means.
491	491	(c) The commission shall have the following powers:
492	492	(1) Establish the fiscal year of the commission;
493	493	(2) establish code of conduct and conflict of interest policies;
494	494	(3) establish and amend rules and bylaws;
495	495	(4) maintain its financial records in accordance with the bylaws;
496	496	(5) meet and take such actions as are consistent with the
497	497	provisions of this compact, the commission's rules and the bylaws;
498	498	(6) initiate and conclude legal proceedings or actions in the name
499	499	of the commission, provided that the standing of any state licensing
500	500	board to sue or be sued under applicable law shall not be affected;
501	501	(7) maintain and certify records and information provided to a
502	502	member state as the authenticated business records of the commission
503	503	and designate an agent to do so on the commission's behalf;
504	504	(8) purchase and maintain insurance and bonds;
505	505	(9) borrow, accept or contract for services of personnel, including,
506	506	but not limited to, employees of a member state;
507	507	(10) conduct an annual financial review; HOUSE BILL No. 2484—page 9
508	508	(11) hire employees, elect or appoint officers, fix compensation,
509	509	define duties, grant such individuals appropriate authority to carry out
510	510	the purposes of the compact and establish the commission's personnel
511	511	policies and programs relating to conflicts of interest, qualifications of
512	512	personnel and other related personnel matters;
513	513	(12) assess and collect fees;
514	514	(13) accept any and all appropriate gifts, donations, grants of
515	515	money, other sources of revenue, equipment, supplies, materials and
516	516	services and receive, utilize and dispose of the same; provided that at
517	517	all times the commission shall avoid any appearance of impropriety or
518	518	conflict of interest;
519	519	(14) lease, purchase, retain, own, hold, improve or use any
520	520	property, real, personal or mixed, or any undivided interest therein;
521	521	(15) sell, convey, mortgage, pledge, lease, exchange, abandon or
522	522	otherwise dispose of any property real, personal or mixed;
523	523	(16) establish a budget and make expenditures;
524	524	(17) borrow money;
525	525	(18) appoint committees, including standing committees,
526	526	composed of members, state regulators, state legislators or their
527	527	representatives and consumer representatives and such other interested
528	528	persons as may be designated in this compact and the bylaws;
529	529	(19) provide and receive information from, and cooperate with,
530	530	law enforcement agencies;
531	531	(20) establish and elect an executive committee, including a
532	532	chairperson and a vice chairperson;
533	533	(21) determine whether a state's adopted language is materially
534	534	different from the model compact language such that the state would
535	535	not qualify for participation in the compact; and
536	536	(22) perform such other functions as may be necessary or
537	537	appropriate to achieve the purposes of this compact.
538	538	(d) The executive committee:
539	539	(1) The executive committee shall have the power to act on behalf
540	540	of the commission according to the terms of this compact. The powers,
541	541	duties and responsibilities of the executive committee shall include:
542	542	(A) Oversee the day-to-day activities of the administration of the
543	543	compact, including enforcement and compliance with the provisions of
544	544	the compact, its rules and bylaws and other such duties as deemed
545	545	necessary;
546	546	(B) recommend to the commission changes to the rules or bylaws,
547	547	changes to this compact legislation, fees charged to compact member
548	548	states, fees charged to licensees and other fees;
549	549	(C) ensure compact administration services are appropriately
550	550	provided, including by contract;
551	551	(D) prepare and recommend the budget;
552	552	(E) maintain financial records on behalf of the commission;
553	553	(F) monitor compact compliance of member states and provide
554	554	compliance reports to the commission;
555	555	(G) establish additional committees as necessary;
556	556	(H) exercise the powers and duties of the commission during the
557	557	interim between commission meetings, except for adopting or
558	558	amending rules, adopting or amending bylaws and exercising any other
559	559	powers and duties expressly reserved to the commission by rule or
560	560	bylaw; and
561	561	(I) fulfill other duties as provided in the rules or bylaws of the
562	562	commission.
563	563	(2) The executive committee shall be composed of up to 11
564	564	members:
565	565	(A) The chairperson and vice chairperson of the commission shall
566	566	be voting members of the executive committee;
567	567	(B) the commission shall elect five voting members from the
568	568	current membership of the commission;
569	569	(C) up to four nonvoting members from four recognized national
570	570	social work organizations; and
571	571	(D) the nonvoting members shall be selected by their respective HOUSE BILL No. 2484—page 10
572	572	organizations.
573	573	(3) The commission may remove any member of the executive
574	574	committee as provided in the commission's bylaws.
575	575	(4) The executive committee shall meet at least annually.
576	576	(A) Executive committee meetings shall be open to the public,
577	577	except that the executive committee may meet in a closed, non-public
578	578	meeting as provided in subsection (f)(2).
579	579	(B) The executive committee shall give seven days' notice of its
580	580	meetings, posted on its website and as determined to provide notice to
581	581	persons with an interest in the business of the commission.
582	582	(C) The executive committee may hold a special meeting in
583	583	accordance with subsection (f)(1)(B).
584	584	(e) The commission shall adopt and provide to the member states
585	585	an annual report.
586	586	(f) Meetings of the commission:
587	587	(1) All meetings shall be open to the public, except that the
588	588	commission may meet in a closed, non-public meeting as provided in
589	589	subsection (f)(2).
590	590	(A) Public notice for all meetings of the full commission shall be
591	591	given in the same manner as required under the rulemaking provisions
592	592	in section 12 of this compact, except that the commission may hold a
593	593	special meeting as provided in subsection (f)(1)(B).
594	594	(B) The commission may hold a special meeting when it must
595	595	meet to conduct emergency business by giving 48 hours' notice to all
596	596	commissioners on the commission's website and by other means as
597	597	provided in the commission's rules. The commission's legal counsel
598	598	shall certify that the commission's need to meet qualifies as an
599	599	emergency.
600	600	(2) The commission or the executive committee or other
601	601	committees of the commission may convene in a closed, non-public
602	602	meeting for the commission or executive committee or other
603	603	committees of the commission to receive legal advice or discuss:
604	604	(A) Non-compliance of a member state with its obligations under
605	605	the compact;
606	606	(B) the employment, compensation, discipline or other matters,
607	607	practices or procedures related to specific employees;
608	608	(C) current or threatened discipline of a licensee by the
609	609	commission or by a member state's licensing authority;
610	610	(D) current, threatened or reasonably anticipated litigation;
611	611	(E) negotiation of contracts for the purchase, lease or sale of
612	612	goods, services or real estate;
613	613	(F) accusing any person of a crime or formally censuring any
614	614	person;
615	615	(G) trade secrets or commercial or financial information that is
616	616	privileged or confidential;
617	617	(H) information of a personal nature where disclosure would
618	618	constitute a clearly unwarranted invasion of personal privacy;
619	619	(I) investigative records compiled for law enforcement purposes;
620	620	(J) information related to any investigative reports prepared by or
621	621	on behalf of or for use of the commission or other committee charged
622	622	with responsibility of investigation or determination of compliance
623	623	issues pursuant to the compact;
624	624	(K) matters specifically exempted from disclosure by federal or
625	625	member state law; or
626	626	(L) other matters as promulgated by the commission by rule.
627	627	(3) If a meeting, or portion of a meeting, is closed, the presiding
628	628	officer shall state that the meeting will be closed and reference each
629	629	relevant exempting provision, and such reference shall be recorded in
630	630	the minutes.
631	631	(4) The commission shall keep minutes that fully and clearly
632	632	describe all matters discussed in a meeting and shall provide a full and
633	633	accurate summary of actions taken, and the reasons therefor, including
634	634	a description of the views expressed. All documents considered in
635	635	connection with an action shall be identified in such minutes. All HOUSE BILL No. 2484—page 11
636	636	minutes and documents of a closed meeting shall remain under seal,
637	637	subject to release only by a majority vote of the commission or order of
638	638	a court of competent jurisdiction.
639	639	(g) Financing of the commission:
640	640	(1) The commission shall pay, or provide for the payment of, the
641	641	reasonable expenses of its establishment, organization and ongoing
642	642	activities.
643	643	(2) The commission may accept any and all appropriate revenue
644	644	sources as provided in subsection (c)(13).
645	645	(3) The commission may levy on and collect an annual assessment
646	646	from each member state and impose fees on licensees of member states
647	647	to whom it grants a multistate license to cover the cost of the operations
648	648	and activities of the commission and its staff, which shall be in a total
649	649	amount sufficient to cover its annual budget as approved each year for
650	650	which revenue is not provided by other sources. The aggregate annual
651	651	assessment amount for member states shall be allocated based upon a
652	652	formula that the commission shall promulgate by rule.
653	653	(4) The commission shall not incur obligations of any kind prior to
654	654	securing the funds adequate to meet the same, nor shall the commission
655	655	pledge the credit of any of the member states except by and with the
656	656	authority of the member state.
657	657	(5) The commission shall keep accurate accounts of all receipts
658	658	and disbursements. The receipts and disbursements of the commission
659	659	shall be subject to the financial review and accounting procedures
660	660	established under its bylaws. However, all receipts and disbursements
661	661	of funds handled by the commission shall be subject to an annual
662	662	financial review by a certified or licensed public accountant, and the
663	663	report of the financial review shall be included in and become part of
664	664	the annual report of the commission.
665	665	(h) Qualified immunity, defense and indemnification:
666	666	(1) The members, officers, executive director, employees and
667	667	representatives of the commission shall be immune from suit and
668	668	liability, both personally and in their official capacity, for any claim for
669	669	damage to or loss of property or personal injury or other civil liability
670	670	caused by or arising out of any actual or alleged act, error or omission
671	671	that occurred, or that the person against whom the claim is made had a
672	672	reasonable basis for believing occurred within the scope of commission
673	673	employment, duties or responsibilities, provided that nothing in this
674	674	paragraph shall be construed to protect any such person from suit or
675	675	liability for any damage, loss, injury, or liability caused by the
676	676	intentional or willful or wanton misconduct of that person. The
677	677	procurement of insurance of any type by the commission shall not in
678	678	any way compromise or limit the immunity granted under this compact.
679	679	(2) The commission shall defend any member, officer, executive
680	680	director, employee and representative of the commission in any civil
681	681	action seeking to impose liability arising out of any actual or alleged
682	682	act, error or omission that occurred within the scope of commission
683	683	employment, duties or responsibilities, or as determined by the
684	684	commission that the person against whom the claim is made had a
685	685	reasonable basis for believing such act or alleged act, error or omission
686	686	occurred within the scope of commission employment, duties or
687	687	responsibilities, provided that nothing herein shall be construed to
688	688	prohibit that person from retaining their own counsel at their own
689	689	expense; and provided further, that the actual or alleged act, error or
690	690	omission did not result from that person's intentional or willful or
691	691	wanton misconduct.
692	692	(3) The commission shall indemnify and hold harmless any
693	693	member, officer, executive director, employee and representative of the
694	694	commission for the amount of any settlement or judgment obtained
695	695	against that person arising out of any actual or alleged act, error or
696	696	omission that occurred within the scope of commission employment,
697	697	duties or responsibilities, or that such person had a reasonable basis for
698	698	believing occurred within the scope of commission employment, duties
699	699	or responsibilities; provided that the actual or alleged act, error or HOUSE BILL No. 2484—page 12
700	700	omission did not result from the intentional or willful or wanton
701	701	misconduct of that person.
702	702	(4) Nothing in this compact shall be construed as a limitation on
703	703	the liability of any licensee for professional malpractice or misconduct,
704	704	which shall be governed solely by any other applicable state laws.
705	705	(5) Nothing in this compact shall be interpreted to waive or
706	706	otherwise abrogate a member state's state action immunity or state
707	707	action affirmative defense with respect to antitrust claims under the
708	708	Sherman act, Clayton act or any other state or federal antitrust or
709	709	anticompetitive law or regulation.
710	710	(6) Nothing in this compact shall be construed to be a waiver of
711	711	sovereign immunity by the member states or by the commission.
712	712	SECTION 11—DATA SYSTEM
713	713	(a) The commission shall provide for the development,
714	714	maintenance, operation and utilization of a coordinated data system.
715	715	(b) The commission shall assign each applicant for a multistate
716	716	license a unique identifier, as determined by the rules of the
717	717	commission.
718	718	(c) Notwithstanding any other provision of state law to the
719	719	contrary, a member state shall submit a uniform data set to the data
720	720	system on all individuals to whom this compact is applicable as
721	721	required by the rules of the commission, including:
722	722	(1) Identifying information;
723	723	(2) licensure data;
724	724	(3) adverse actions against a license and information related
725	725	thereto;
726	726	(4) non-confidential information related to alternative program
727	727	participation, the beginning and ending dates of such participation and
728	728	other information related to such participation not made confidential
729	729	under member state law;
730	730	(5) any denial of application for licensure and the reason for such
731	731	denial;
732	732	(6) the presence of current significant investigative information;
733	733	and
734	734	(7) other information that may facilitate the administration of this
735	735	compact or the protection of the public, as determined by the rules of
736	736	the commission.
737	737	(d) The records and information provided to a member state
738	738	pursuant to this compact or through the data system, when certified by
739	739	the commission or an agent thereof, shall constitute the authenticated
740	740	business records of the commission and shall be entitled to any
741	741	associated hearsay exception in any relevant judicial, quasi-judicial or
742	742	administrative proceedings in a member state.
743	743	(e) Current significant investigative information pertaining to a
744	744	licensee in any member state will only be available to other member
745	745	states. It is the responsibility of the member states to report any adverse
746	746	action against a licensee and to monitor the database to determine
747	747	whether adverse action has been taken against a licensee. Adverse
748	748	action information pertaining to a licensee in any member state will be
749	749	available to any other member state.
750	750	(f) Member states contributing information to the data system may
751	751	designate information that may not be shared with the public without
752	752	the express permission of the contributing state.
753	753	(g) Any information submitted to the data system that is
754	754	subsequently expunged pursuant to federal law or the laws of the
755	755	member state contributing the information shall be removed from the
756	756	data system.
757	757	SECTION 12—RULEMAKING
758	758	(a) The commission shall promulgate reasonable rules in order to
759	759	effectively and efficiently implement and administer the purposes and
760	760	provisions of the compact. A rule shall be invalid and have no force or
761	761	effect only if a court of competent jurisdiction holds that the rule is
762	762	invalid because the commission exercised its rulemaking authority in a
763	763	manner that is beyond the scope and purposes of the compact, or the HOUSE BILL No. 2484—page 13
764	764	powers granted hereunder, or based upon another applicable standard of
765	765	review.
766	766	(b) The rules of the commission shall have the force of law in each
767	767	member state, except that where the rules of the commission conflict
768	768	with the laws of the member state that establish the member state's
769	769	laws, regulations and applicable standards that govern the practice of
770	770	social work as held by a court of competent jurisdiction, the rules of the
771	771	commission shall be ineffective in that state to the extent of the
772	772	conflict.
773	773	(c) The commission shall exercise its rulemaking powers pursuant
774	774	to the criteria set forth in this section and the rules adopted thereunder.
775	775	Rules shall become binding on the day following adoption or the date
776	776	specified in the rule or amendment, whichever is later.
777	777	(d) If a majority of the legislatures of the member states rejects a
778	778	rule or portion of a rule by enactment of a statute or resolution in the
779	779	same manner used to adopt the compact within four years of the date of
780	780	adoption of the rule, then such rule shall have no further force and
781	781	effect in any member state.
782	782	(e) Rules shall be adopted at a regular or special meeting of the
783	783	commission.
784	784	(f) Prior to adoption of a proposed rule, the commission shall hold
785	785	a public hearing and allow persons to provide oral and written
786	786	comments, data, facts, opinions and arguments.
787	787	(g) Prior to adoption of a proposed rule by the commission and at
788	788	least 30 days in advance of the meeting at which the commission will
789	789	hold a public hearing on the proposed rule, the commission shall
790	790	provide a notice of proposed rulemaking:
791	791	(1) On the website of the commission or other publicly accessible
792	792	platform;
793	793	(2) to persons who have requested notice of the commission's
794	794	notices of proposed rulemaking; and
795	795	(3) in such other way as the commission may specify by rule.
796	796	(h) The notice of proposed rulemaking shall include:
797	797	(1) The time, date and location of the public hearing at which the
798	798	commission will hear public comments on the proposed rule and, if
799	799	different, the time, date and location of the meeting where the
800	800	commission will consider and vote on the proposed rule;
801	801	(2) if the hearing is held via telecommunication, videoconference
802	802	or other electronic means, the commission shall include the mechanism
803	803	for access to the hearing in the notice of proposed rulemaking;
804	804	(3) the text of the proposed rule and the reason therefor;
805	805	(4) a request for comments on the proposed rule from any
806	806	interested person; and
807	807	(5) the manner in which interested persons may submit written
808	808	comments.
809	809	(i) All hearings will be recorded. A copy of the recording and all
810	810	written comments and documents received by the commission in
811	811	response to the proposed rule shall be available to the public.
812	812	(j) Nothing in this section shall be construed as requiring a
813	813	separate hearing on each rule. Rules may be grouped for the
814	814	convenience of the commission at hearings required by this section.
815	815	(k) The commission shall, by majority vote of all members, take
816	816	final action on the proposed rule based on the rulemaking record and
817	817	the full text of the rule.
818	818	(1) The commission may adopt changes to the proposed rule,
819	819	provided that the changes do not enlarge the original purpose of the
820	820	proposed rule.
821	821	(2) The commission shall provide an explanation of the reasons
822	822	for substantive changes made to the proposed rule as well as reasons
823	823	for substantive changes not made that were recommended by
824	824	commenters.
825	825	(3) The commission shall determine a reasonable effective date for
826	826	the rule. Except for an emergency as provided in subsection (l), the
827	827	effective date of the rule shall not be earlier than 30 days after issuing HOUSE BILL No. 2484—page 14
828	828	the notice that it adopted or amended the rule.
829	829	(l) Upon determination that an emergency exists, the commission
830	830	may consider and adopt an emergency rule with 48 hours' notice, with
831	831	opportunity to comment, provided that the usual rulemaking procedures
832	832	provided in the compact and in this section shall be retroactively
833	833	applied to the rule as soon as reasonably possible, in no event later than
834	834	90 days after the effective date of the rule. For the purposes of this
835	835	provision, an emergency rule is one that shall be adopted immediately
836	836	in order to:
837	837	(1) Meet an imminent threat to public health, safety or welfare;
838	838	(2) prevent a loss of commission or member state funds;
839	839	(3) meet a deadline for the promulgation of a rule that is
840	840	established by federal law or rule; or
841	841	(4) protect public health and safety.
842	842	(m) The commission or an authorized committee of the
843	843	commission may direct revisions to a previously adopted rule for
844	844	purposes of correcting typographical, formatting, consistency or
845	845	grammatical errors. Public notice of any revisions shall be posted on
846	846	the website of the commission. The revision shall be subject to
847	847	challenge by any person for a period of 30 days after posting. The
848	848	revision may be challenged only on grounds that the revision results in
849	849	a material change to a rule. A challenge shall be made in writing and
850	850	delivered to the commission prior to the end of the notice period. If no
851	851	challenge is made, the revision will take effect without further action. If
852	852	the revision is challenged, the revision may not take effect without the
853	853	approval of the commission.
854	854	(n) No member state's rulemaking requirements shall apply under
855	855	this compact.
856	856	SECTION 13—OVERSIGHT, DISPUTE RESOLUTION AND
857	857	ENFORCEMENT
858	858	(a) Oversight:
859	859	(1) The executive and judicial branches of state government in
860	860	each member state shall enforce this compact and take all actions
861	861	necessary and appropriate to implement the compact.
862	862	(2) Except as otherwise provided in this compact, venue is proper,
863	863	and judicial proceedings by or against the commission shall be brought
864	864	solely and exclusively in a court of competent jurisdiction where the
865	865	principal office of the commission is located. The commission may
866	866	waive venue and jurisdictional defenses to the extent it adopts or
867	867	consents to participate in alternative dispute resolution proceedings.
868	868	Nothing herein shall affect or limit the selection or propriety of venue
869	869	in any action against a licensee for professional malpractice,
870	870	misconduct or any such similar matter.
871	871	(3) The commission shall be entitled to receive service of process
872	872	in any proceeding regarding the enforcement or interpretation of the
873	873	compact and shall have standing to intervene in such a proceeding for
874	874	all purposes. Failure to provide the commission service of process shall
875	875	render a judgment or order void as to the commission, this compact or
876	876	promulgated rules.
877	877	(b) Default, technical assistance and termination:
878	878	(1) If the commission determines that a member state has
879	879	defaulted in the performance of its obligations or responsibilities under
880	880	this compact or the promulgated rules, the commission shall provide
881	881	written notice to the defaulting state. The notice of default shall
882	882	describe the default, the proposed means of curing the default and any
883	883	other action that the commission may take and shall offer training and
884	884	specific technical assistance regarding the default.
885	885	(2) The commission shall provide a copy of the notice of default
886	886	to the other member states.
887	887	(c) If a state in default fails to cure the default, the defaulting state
888	888	may be terminated from the compact upon an affirmative vote of a
889	889	majority of the delegates of the member states, and all rights, privileges
890	890	and benefits conferred on that state by this compact may be terminated
891	891	on the effective date of termination. A cure of the default does not HOUSE BILL No. 2484—page 15
892	892	relieve the offending state of obligations or liabilities incurred during
893	893	the period of default.
894	894	(d) Termination of membership in the compact shall be imposed
895	895	only after all other means of securing compliance have been exhausted.
896	896	Notice of intent to suspend or terminate shall be given by the
897	897	commission to the governor, the majority and minority leaders of the
898	898	defaulting state's legislature, the defaulting state's state licensing
899	899	authority and each of the member states' state licensing authority.
900	900	(e) A state that has been terminated is responsible for all
901	901	assessments, obligations and liabilities incurred through the effective
902	902	date of termination, including obligations that extend beyond the
903	903	effective date of termination.
904	904	(f) Upon the termination of a state's membership from this
905	905	compact, that state shall immediately provide notice to all licensees
906	906	within that state of such termination. The terminated state shall
907	907	continue to recognize all licenses granted pursuant to this compact for a
908	908	minimum of six months after the date of said notice of termination.
909	909	(g) The commission shall not bear any costs related to a state that
910	910	is found to be in default or that has been terminated from the compact,
911	911	unless agreed upon in writing between the commission and the
912	912	defaulting state.
913	913	(h) The defaulting state may appeal the action of the commission
914	914	by petitioning the United States district court for the District of
915	915	Columbia or the federal district where the commission has its principal
916	916	offices. The prevailing party shall be awarded all costs of such
917	917	litigation, including reasonable attorney's fees.
918	918	(i) Dispute resolution:
919	919	(1) Upon request by a member state, the commission shall attempt
920	920	to resolve disputes related to the compact that arise among member
921	921	states and between member and non-member states.
922	922	(2) The commission shall promulgate a rule providing for both
923	923	mediation and binding dispute resolution for disputes as appropriate.
924	924	(j) Enforcement:
925	925	(1) By majority vote as provided by rule, the commission may
926	926	initiate legal action against a member state in default in the United
927	927	States district court for the District of Columbia or the federal district
928	928	where the commission has its principal offices to enforce compliance
929	929	with the provisions of the compact and its promulgated rules. The relief
930	930	sought may include both injunctive relief and damages. In the event
931	931	judicial enforcement is necessary, the prevailing party shall be awarded
932	932	all costs of such litigation, including reasonable attorney fees. The
933	933	remedies herein shall not be the exclusive remedies of the commission.
934	934	The commission may pursue any other remedies available under federal
935	935	or the defaulting member state's law.
936	936	(2) A member state may initiate legal action against the
937	937	commission in the United States district court for the District of
938	938	Columbia or the federal district where the commission has its principal
939	939	offices to enforce compliance with the provisions of the compact and
940	940	its promulgated rules. The relief sought may include both injunctive
941	941	relief and damages. In the event judicial enforcement is necessary, the
942	942	prevailing party shall be awarded all costs of such litigation, including
943	943	reasonable attorney fees.
944	944	(3) No person other than a member state shall enforce this
945	945	compact against the commission.
946	946	SECTION 14—EFFECTIVE DATE, WITHDRAWAL AND
947	947	AMENDMENT
948	948	(a) The compact shall come into effect on the date on which the
949	949	compact statute is enacted into law in the 7
950	950	th
951	951	member state.
952	952	(1) On or after the effective date of the compact, the commission
953	953	shall convene and review the enactment of each of the first seven
954	954	member states, the charter member states, to determine if the statute
955	955	enacted by each such charter member state is materially different than
956	956	the model compact statute.
957	957	(A) A charter member state whose enactment is found to be HOUSE BILL No. 2484—page 16
958	958	materially different from the model compact statute shall be entitled to
959	959	the default process set forth in section 13 of this compact.
960	960	(B) If any member state is later found to be in default, or is
961	961	terminated or withdraws from the compact, the commission shall
962	962	remain in existence and the compact shall remain in effect even if the
963	963	number of member states should be fewer than seven.
964	964	(2) Member states enacting the compact subsequent to the seven
965	965	initial charter member states shall be subject to the process set forth in
966	966	section 10(c)(21) of this compact to determine if their enactments are
967	967	materially different from the model compact statute and whether they
968	968	qualify for participation in the compact.
969	969	(3) All actions taken for the benefit of the commission or in
970	970	furtherance of the purposes of the administration of the compact prior
971	971	to the effective date of the compact or the commission coming into
972	972	existence shall be considered to be actions of the commission unless
973	973	specifically repudiated by the commission.
974	974	(4) Any state that joins the compact subsequent to the
975	975	commission's initial adoption of the rules and bylaws shall be subject to
976	976	the rules and bylaws as they exist on the date when the compact
977	977	becomes law in that state. Any rule that has been previously adopted by
978	978	the commission shall have the full force and effect of law on the day
979	979	the compact becomes law in that state.
980	980	(b) Any member state may withdraw from this compact by
981	981	enacting a statute repealing the same.
982	982	(1) A member state's withdrawal shall not take effect until 180
983	983	days after enactment of the repealing statute.
984	984	(2) Withdrawal shall not affect the continuing requirement of the
985	985	withdrawing state's licensing authority to comply with the investigative
986	986	and adverse action reporting requirements of this compact prior to the
987	987	effective date of withdrawal.
988	988	(3) Upon the enactment of a statute withdrawing from this
989	989	compact, a state shall immediately provide notice of such withdrawal to
990	990	all licensees within that state. Notwithstanding any subsequent statutory
991	991	enactment to the contrary, such withdrawing state shall continue to
992	992	recognize all licenses granted pursuant to this compact for a minimum
993	993	of 180 days after the date of such notice of withdrawal.
994	994	(c) Nothing contained in this compact shall be construed to
995	995	invalidate or prevent any licensure agreement or other cooperative
996	996	arrangement between a member state and a non-member state that does
997	997	not conflict with the provisions of this compact.
998	998	(d) This compact may be amended by the member states. No
999	999	amendment to this compact shall become effective and binding upon
1000	1000	any member state until it is enacted into the laws of all member states.
1001	1001	SECTION 15—CONSTRUCTION AND SEVERABILITY
1002	1002	(a) This compact and the commission's rulemaking authority shall
1003	1003	be liberally construed so as to effectuate the purposes and the
1004	1004	implementation and administration of the compact. Provisions of the
1005	1005	compact expressly authorizing or requiring the promulgation of rules
1006	1006	shall not be construed to limit the commission's rulemaking authority
1007	1007	solely for those purposes.
1008	1008	(b) The provisions of this compact shall be severable, and if any
1009	1009	phrase, clause, sentence or provision of this compact is held by a court
1010	1010	of competent jurisdiction to be contrary to the constitution of any
1011	1011	member state, a state seeking participation in the compact or of the
1012	1012	United States, or the applicability thereof to any government, agency,
1013	1013	person or circumstance is held to be unconstitutional by a court of
1014	1014	competent jurisdiction, the validity of the remainder of this compact
1015	1015	and the applicability thereof to any other government, agency, person
1016	1016	or circumstance shall not be affected thereby.
1017	1017	(c) Notwithstanding subsection (b), the commission may deny a
1018	1018	state's participation in the compact or, in accordance with the
1019	1019	requirements of section 13(b) of this compact, terminate a member
1020	1020	state's participation in the compact, if it determines that a constitutional
1021	1021	requirement of a member state is a material departure from the HOUSE BILL No. 2484—page 17
1022	1022	compact. Otherwise, if this compact shall be held to be contrary to the
1023	1023	constitution of any member state, the compact shall remain in full force
1024	1024	and effect as to the remaining member states and in full force and effect
1025	1025	as to the member state affected as to all severable matters.
1026	1026	SECTION 16—CONSISTENT EFFECT AND CONFLICT WITH
1027	1027	OTHER STATE LAWS
1028	1028	(a) A licensee providing services in a remote state under a
1029	1029	multistate authorization to practice shall adhere to the laws and
1030	1030	regulations, including laws, regulations and applicable standards, of the
1031	1031	remote state where the client is located at the time care is rendered.
1032	1032	(b) Nothing in this compact shall prevent or inhibit the
1033	1033	enforcement of any other law of a member state that is not inconsistent
1034	1034	with the compact.
1035	1035	(c) Any laws, statutes, regulations or other legal requirements in a
1036	1036	member state in conflict with the compact are superseded to the extent
1037	1037	of the conflict.
1038	1038	(d) All permissible agreements between the commission and the
1039	1039	member states are binding in accordance with their terms.
1040	1040	New Sec. 2. (a) (1) Except as provided in paragraph (2), the board
1041	1041	shall require an applicant for initial licensure or renewal or
1042	1042	reinstatement of a license under this act to submit to a state and national
1043	1043	criminal history record check.
1044	1044	(2) The board may require an applicant for renewal of a license to
1045	1045	submit to a state and national criminal history record check if such
1046	1046	applicant has submitted to a state and national criminal history record
1047	1047	check within the last five years.
1048	1048	(3) Applicants for a multistate license shall be fingerprinted, and
1049	1049	the board shall submit such fingerprints to the Kansas bureau of
1050	1050	investigation and the federal bureau of investigation for a search of the
1051	1051	state and federal database.
1052	1052	(4) Fingerprints and criminal history record information provided
1053	1053	pursuant to this section may be used to identify a person and to
1054	1054	determine whether such person has a record of criminal history in this
1055	1055	state or another jurisdiction. The board may use the information
1056	1056	obtained from fingerprinting and the criminal history record check for
1057	1057	purposes of verifying the identification of the person and in the official
1058	1058	determination of the qualifications and fitness of the person to be issued
1059	1059	or maintain a license or multistate practice privilege under the social
1060	1060	work compact.
1061	1061	(5) The Kansas bureau of investigation shall release criminal
1062	1062	history record information related to adult convictions to the board for
1063	1063	a licensee, as defined in this section, in connection with am application
1064	1064	or license as described in K.S.A. 65-6306, and amendments thereto.
1065	1065	(b) Local and state law enforcement officers and agencies shall
1066	1066	assist the board in the taking and processing of fingerprints of
1067	1067	applicants for multistate licensure and release all records of adult
1068	1068	convictions to the board for the purposes set forth in subsection (a)(4).
1069	1069	(c) The Kansas bureau of investigation may charge a reasonable
1070	1070	fee for conducting a criminal history record check.
1071	1071	(d) (1) Fingerprints and criminal history record information
1072	1072	received pursuant to this section shall be confidential and shall not be
1073	1073	subject to the provisions of the Kansas open records act, K.S.A. 45-215
1074	1074	et seq., and amendments thereto. The provisions of this paragraph shall
1075	1075	expire on July 1, 2029, unless the legislature reviews and reenacts this
1076	1076	provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
1077	1077	July 1, 2029.
1078	1078	(2) Disclosure or use of any information received pursuant to this
1079	1079	section for any purpose other than the purpose described in this section
1080	1080	shall be a class A nonperson misdemeanor and shall constitute grounds
1081	1081	for removal from office.
1082	1082	(e) As used in this section, "licensee" means a person who has
1083	1083	submitted an original application or an application for renewal or
1084	1084	reinstatement of a license or who currently holds a license under this
1085	1085	act issued by the behavioral sciences regulatory board. HOUSE BILL No. 2484—page 18
1086	1086	(f) This section shall be a part of and supplemental to the social
1087	1087	workers licensure act.
1088	1088	Sec. 3. K.S.A. 2023 Supp. 65-6314 is hereby amended to read as
1089	1089	follows: 65-6314. (a) The following fees may be established by the
1090	1090	board in accordance with the following limitations, and any such fees
1091	1091	shall be established by rules and regulations adopted by the board:
1092	1092	(1) Renewal or reinstatement fee for a license as a social work
1093	1093	associate shall be not more than $150.
1094	1094	(2) Application, new license, reinstatement or renewal fee for a
1095	1095	license as a baccalaureate social worker shall be not more than $150.
1096	1096	(3) Application, new license, reinstatement or renewal fee for a
1097	1097	license as master social worker shall be not more than $150.
1098	1098	(4) Application, new license, reinstatement or renewal fee for a
1099	1099	license in a social work specialty shall be not more than $150.
1100	1100	(5) Replacement fee for reissuance of a license certificate due to
1101	1101	loss or name change shall be not more than $20.
1102	1102	(6) Replacement fee for reissuance of a wallet card shall be not
1103	1103	more than $5.
1104	1104	(7) Temporary license fee for a baccalaureate social worker,
1105	1105	master social worker or a social work specialty shall be not more than
1106	1106	$50.
1107	1107	(8) Temporary candidacy license fee for a baccalaureate social
1108	1108	worker, master social worker or a social work specialty shall be not
1109	1109	more than $75.
1110	1110	(9) Six-month reinstatement temporary license fee for a
1111	1111	baccalaureate social worker, master social worker or a social work
1112	1112	specialty shall be not more than $50.
1113	1113	(10) Community-based license fee for a baccalaureate social
1114	1114	worker, master social worker or social work specialty shall be not more
1115	1115	than $175.
1116	1116	(11) Application fee for approval as board-approved continuing
1117	1117	education sponsors shall be as follows:
1118	1118	(A) Initial application fee for one year provisionally approved
1119	1119	providers shall be not more than $125;
1120	1120	(B) three-year renewal fees for approved providers shall be not
1121	1121	more than $350; and
1122	1122	(C) application fees for single program providers shall be not
1123	1123	more than $50 for each separately offered continuing education activity
1124	1124	for which prior approval is sought.
1125	1125	(12) New license or renewal fee for a home-state license with
1126	1126	privilege to practice under the social work licensure compact shall be
1127	1127	not more than $25 in addition to any other applicable fee.
1128	1128	(b) Fees paid to the board are not refundable. HOUSE BILL No. 2484—page 19
1129	1129	Sec. 4. K.S.A. 2023 Supp. 65-6314 is hereby repealed.
1130	1130	Sec. 5. This act shall take effect and be in force from and after its
1131	1131	publication in the statute book.
1132	1132	I hereby certify that the above BILL originated in the
1133	1133	HOUSE, and passed that body
1134	1134	Speaker of the House.
1135	1135	Chief Clerk of the House.
1136	1136
1137	1137	Passed the SENATE
1138	1138	______________________________________________________________________________________________________________________
1139	1139	President of the Senate.
1140	1140	Secretary of the Senate.
1141	1141	APPROVED __________________________________________________________________________________________________
1142	1142	Governor.