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