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AN ACT relating to the Social Work Licensure Compact. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 335.010 TO 335.170 IS CREATED 3
TO READ AS FOLLOWS: 4
SECTION 1. PURPOSE 5
The purpose of this compact is to facilitate interstate practice of regulated social 6
workers by improving public access to competent social work services. The compact 7
preserves the regulatory authority of states to protect public health and safety through 8
the current system of state licensure. This compact is designed to achieve the following 9
objectives: 10
A. Increase public access to social work services; 11
B. Reduce overly burdensome and duplicative requirements associated with holding 12
multiple licenses; 13
C. Enhance the member states’ ability to protect the public’s health and safety; 14
D. Encourage the cooperation of member states in regulating multistate practice; 15
E. Promote mobility and address workforce shortages by eliminating the necessity 16
for licenses in multiple states by providing for the mutual recognition of other 17
member state licenses; 18
F. Support military families; 19
G. Facilitate the exchange of licensure and disciplinary information among member 20
states; 21
H. Authorize all member states to hold a regulated social worker accountable for 22
abiding by a member state’s laws, regulations, and applicable professional 23
standards in the member state in which the client is located at the time care is 24
rendered; and 25
I. Allow for the use of telehealth to facilitate increased access to regulated social 26
work services. 27 UNOFFICIAL COPY 24 RS BR 150
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SECTION 2. DEFINITIONS 1
As used in this compact, and except as otherwise provided, the following definitions 2
shall apply: 3
A. "Active military member" means any individual with full-time duty status in the 4
active Armed Forces of the United States, including members of the National 5
Guard and Reserve; 6
B. "Adverse action" means any administrative, civil, equitable, or criminal action 7
permitted by a state’s laws which is imposed by a licensing authority or other 8
authority against a regulated social worker, including actions against an 9
individual’s license or multistate authorization to practice such as revocation, 10
suspension, probation, monitoring of the licensee, limitation on the licensee’s 11
practice, or any other encumbrance on licensure affecting a regulated social 12
worker’s authorization to practice, including issuance of a cease and desist 13
action; 14
C. "Alternative program" means a nondisciplinary monitoring or practice 15
remediation process approved by a licensing authority to address practitioners 16
with an impairment; 17
D. "Charter member states" means member states that have enacted legislation to 18
adopt this compact where such legislation predates the effective date of this 19
compact as described in Section 14 of this compact; 20
E. "Compact commission" or "commission" means the government agency whose 21
membership consists of all states that have enacted this compact, which is known 22
as the Social Work Licensure Compact Commission, as described in Section 10 of 23
this compact, and which shall operate as an instrumentality of the member states; 24
F. "Current significant investigative information" means: 25
1. Investigative information that a licensing authority, after a preliminary 26
inquiry that includes notification and an opportunity for the regulated 27 UNOFFICIAL COPY 24 RS BR 150
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social worker to respond, has reason to believe is not groundless and, if 1
proved true, would indicate more than a minor infraction as may be defined 2
by the commission; or 3
2. Investigative information that indicates that the regulated social worker 4
represents an immediate threat to public health and safety, as may be 5
defined by the commission, regardless of whether the regulated social 6
worker has been notified and has had an opportunity to respond; 7
G. "Data system" means a repository of information about licensees, including but 8
not limited to continuing education, examination, licensure, current significant 9
investigative information, disqualifying event, multistate license or licenses, and 10
adverse action information or other information as required by the commission; 11
H. "Disqualifying event" means any adverse action or incident which results in an 12
encumbrance that disqualifies or makes the licensee ineligible to either obtain, 13
retain, or renew a multistate compact license; 14
I. "Domicile" means the jurisdiction in which the licensee resides and intends to 15
remain indefinitely; 16
J. "Encumbrance" means a revocation or suspension of, or any limitation on, the 17
full and unrestricted practice of social work licensed and regulated by a licensing 18
authority; 19
K. "Executive committee" means a group of delegates elected or appointed to act on 20
behalf of, and within the powers granted to them by, the compact and 21
commission; 22
L. "Home state" means the member state that is the licensee’s primary domicile; 23
M. "Impairment" means a condition or conditions that may impair a practitioner's 24
ability to engage in full and unrestricted practice as a regulated social worker 25
without some type of intervention and may include but are not limited to alcohol 26
and drug dependence, mental health impairment, and neurological or physical 27 UNOFFICIAL COPY 24 RS BR 150
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impairments; 1
N. "Licensee" means an individual who currently holds a license from a state to 2
practice as a regulated social worker; 3
O. "Licensing authority" means the board or agency of a member state, or 4
equivalent, that is responsible for the licensing and regulation of regulated social 5
workers; 6
P. "Member state" means a state, commonwealth, district, or territory of the United 7
States of America that has enacted the compact; 8
Q. "Multistate authorization to practice" means a legally authorized privilege to 9
practice, which is equivalent to a license, associated with a multistate license 10
permitting the practice of social work in a remote state; 11
R. "Multistate license" means a license to practice as a regulated social worker 12
issued by a home state licensing authority that authorizes the regulated social 13
worker to practice in all member states under a multistate authorization to 14
practice; 15
S. "Qualifying national exam" means a national licensing examination approved by 16
the commission; 17
T. "Regulated social worker" means any clinical, master’s, or bachelor’s social 18
worker licensed by a member state regardless of the title used by that member 19
state; 20
U. "Remote state" means a member state other than the licensee's home state; 21
V. "Rule of the commission" means a regulation or regulations duly promulgated 22
by the commission, as authorized by the compact, that has the force of law; 23
W. "Single state license" means a social work license issued by any state that 24
authorizes practice only within the issuing state and does not include multistate 25
authorization to practice in any member state; 26
X. "Social work" or social work services" means the application of social work 27 UNOFFICIAL COPY 24 RS BR 150
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theory, knowledge, methods, ethics, and the professional use of self to restore or 1
enhance social, psychosocial, or biopsychosocial functioning of individuals, 2
couples, families, groups, organizations, and communities through the care and 3
services provided by a regulated social worker as set forth in the member state’s 4
statutes and regulations in the state where the services are being provided; 5
Y. "State" means any state, commonwealth, district, or territory of the United States 6
of America that regulates the practice of social work; and 7
Z. "Unencumbered license" means a license that authorizes a regulated social 8
worker to engage in the full and unrestricted practice of social work. 9
SECTION 3. STATE PARTICIPATION IN THE COMPACT 10
A. To be eligible to participate in the compact, a potential member state must 11
currently meet all the following criteria: 12
1. License and regulate the practice of social work at either the clinical, 13
master’s, or bachelor’s category; 14
2. Require applicants for licensure to graduate from a program that is: 15
a. Operated by a college or university recognized by the licensing 16
authority; 17
b. Accredited, or in candidacy by an institution that subsequently 18
becomes accredited, by an accrediting agency recognized by either: 19
i. The Council for Higher Education Accreditation, or its 20
successor; or 21
ii. The United States Department of Education; and 22
c. Corresponds to the licensure sought as outlined in Section 4 of this 23
compact; 24
3. Require applicants for clinical licensure to complete a period of supervised 25
practice; and 26
4. Have a mechanism in place for receiving, investigating, and adjudicating 27 UNOFFICIAL COPY 24 RS BR 150
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complaints about licensees. 1
B. To maintain membership in the compact, a member state shall: 2
1. Require that applicants for a multistate license pass a qualifying national 3
exam for the corresponding category of multistate license sought as 4
outlined in Section 4 of this compact; 5
2. Participate fully in the commission’s data system, including using the 6
commission’s unique identifier as defined in rules; 7
3. Notify the commission, in compliance with the terms of the compact and 8
rules, of any adverse action or the availability of current significant 9
investigative information regarding a licensee; 10
4. Implement procedures for considering the criminal history records of 11
applicants for a multistate license. These procedures shall include the 12
submission of fingerprints or other biometric-based information by 13
applicants for the purpose of obtaining an applicant’s criminal history 14
record information from the Federal Bureau of Investigation and the 15
agency responsible for retaining that state’s criminal records; 16
5. Comply with the rules of the commission; 17
6. Require an applicant to obtain or retain a license in the home state and 18
meet the home state’s qualifications for licensure or renewal of licensure, 19
as well as all other applicable home state laws; 20
7. Authorize a licensee holding a multistate license in any member state to 21
practice in accordance with the terms of the compact and rules of the 22
commission; and 23
8. Designate a delegate to participate in the commission meetings. 24
C. A member state meeting the requirements of subsections A. and B. of this section 25
shall designate the categories of social work licensure that are eligible for 26
issuance of a multistate license for applicants in that member state. To the extent 27 UNOFFICIAL COPY 24 RS BR 150
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that any member state does not meet the requirements for participation in the 1
compact at any particular category of social work licensure, such member state 2
may choose, but is not obligated to, issue a multistate license to applicants that 3
otherwise meet the requirements of Section 4 of this compact for issuance of a 4
multistate license in such category or categories of licensure. 5
D. The home state may charge a fee for granting the multistate compact license. 6
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT 7
A. To be eligible for a multistate license under the terms and provisions of the 8
compact, an applicant, regardless of category, must: 9
1. Hold or be eligible for an active, unencumbered license in the home state; 10
2. Pay any applicable fees, including any state fee, for the multistate license; 11
3. Submit, in connection with an application for a multistate license, 12
fingerprints or other biometric data for the purpose of obtaining criminal 13
history record information from the Federal Bureau of Investigation and 14
the agency responsible for retaining that state’s criminal records; 15
4. Notify the home state of any adverse action, encumbrance, or restriction on 16
any professional license taken by any member state or nonmember state 17
within thirty (30) days from the date the action is taken; 18
5. Meet any continuing competence requirements established by the home 19
state; and 20
6. Abide by the laws, regulations, and applicable standards in the member 21
state where the client is located at the time care is rendered. 22
B. An applicant for a clinical-category multistate license must meet all of the 23
following requirements: 24
1. Fulfill a competency requirement, which shall be satisfied by either: 25
a. Passage of a clinical-category qualifying national exam; or 26
b. Licensure of the applicant in their home state at the clinical category, 27 UNOFFICIAL COPY 24 RS BR 150
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beginning prior to such time as a qualifying national exam was 1
required by the home state and accompanied by a period of continuous 2
social work licensure thereafter, all of which may be further governed 3
by the rules of the commission; or 4
c. The substantial equivalency of the foregoing competency requirements 5
which the commission may determine by rule; 6
2. Attain at least a master’s degree in social work from a program that is: 7
a. Operated by a college or university recognized by the licensing 8
authority; and 9
b. Accredited, or in candidacy that subsequently becomes accredited, by 10
an accrediting agency recognized by either: 11
i. The Council for Higher Education Accreditation or its 12
successor; or 13
ii. The United States Department of Education; and 14
3. Fulfill a practice requirement, which shall be satisfied by demonstrating 15
completion of either: 16
a. A period of postgraduate supervised clinical practice equal to a 17
minimum of three thousand (3,000) hours; 18
b. A minimum of two (2) years of full-time postgraduate supervised 19
clinical practice; or 20
c. The substantial equivalency of the foregoing practice requirements 21
which the commission may determine by rule. 22
C. An applicant for a master’s-category multistate license must meet all of the 23
following requirements: 24
1. Fulfill a competency requirement, which shall be satisfied by either: 25
a. Passage of a master's-category qualifying national exam; 26
b. Licensure of the applicant in their home state at the master’s category, 27 UNOFFICIAL COPY 24 RS BR 150
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beginning prior to such time as a qualifying national exam was 1
required by the home state at the master’s category and accompanied 2
by a continuous period of social work licensure thereafter, all of 3
which may be further governed by the rules of the commission; or 4
c. The substantial equivalency of the foregoing competency requirements 5
which the commission may determine by rule; and 6
2. Attain at least a master’s degree in social work from a program that is: 7
a. Operated by a college or university recognized by the licensing 8
authority; and 9
b. Accredited, or in candidacy that subsequently becomes accredited, by 10
an accrediting agency recognized by either: 11
i. The Council for Higher Education Accreditation or its 12
successor; or 13
ii. The United States Department of Education. 14
D. An applicant for a bachelor’s-category multistate license must meet all of the 15
following requirements: 16
1. Fulfill a competency requirement, which shall be satisfied by either: 17
a. Passage of a bachelor’s-category qualifying national exam; 18
b. Licensure of the applicant in their home state at the bachelor’s 19
category, beginning prior to such time as a qualifying national exam 20
was required by the home state and accompanied by a period of 21
continuous social work licensure thereafter, all of which may be 22
further governed by the rules of the commission; or 23
c. The substantial equivalency of the foregoing competency requirements 24
which the commission may determine by rule; and 25
2. Attain at least a bachelor’s degree in social work from a program that is: 26
a. Operated by a college or university recognized by the licensing 27 UNOFFICIAL COPY 24 RS BR 150
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authority; and 1
b. Accredited, or in candidacy that subsequently becomes accredited, by 2
an accrediting agency recognized by either: 3
i. The Council for Higher Education Accreditation or its 4
successor; or 5
ii. The United States Department of Education. 6
E. The multistate license for a regulated social worker is subject to the renewal 7
requirements of the home state. The regulated social worker must maintain 8
compliance with the requirements of subsection A. of this section to be eligible to 9
renew a multistate license. 10
F. The regulated social worker’s services in a remote state are subject to that 11
member state’s regulatory authority. A remote state may, in accordance with due 12
process and that member state’s laws, remove a regulated social worker’s 13
multistate authorization to practice in the remote state for a specific period of 14
time, impose fines, or take any other necessary actions to protect the health and 15
safety of its citizens. 16
G. If a multistate license is encumbered, the regulated social worker’s multistate 17
authorization to practice shall be deactivated in all remote states until the 18
multistate license is no longer encumbered. 19
H. If a multistate authorization to practice is encumbered in a remote state, the 20
regulated social worker’s multistate authorization to practice may be deactivated 21
in that state until the multistate authorization to practice is no longer 22
encumbered. 23
SECTION 5. ISSUANCE OF A MULTISTATE LICENSE 24
A. Upon receipt of an application for multistate license, the home state licensing 25
authority shall determine the applicant’s eligibility for a multistate license in 26
accordance with Section 4 of this compact. 27 UNOFFICIAL COPY 24 RS BR 150
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B. If such applicant is eligible pursuant to Section 4 of this compact, the home state 1
licensing authority shall issue a multistate license that authorizes the applicant or 2
regulated social worker to practice in all member states under a multistate 3
authorization to practice. 4
C. Upon issuance of a multistate license, the home state licensing authority shall 5
designate whether the regulated social worker holds a multistate license in the 6
bachelor's, master's, or clinical category of social work. 7
D. A multistate license issued by a home state to a resident in that state shall be 8
recognized by all compact member states as authorizing social work practice 9
under a multistate authorization to practice corresponding to each category of 10
licensure regulated in each member state. 11
SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND 12
MEMBER STATE LICENSING AUTHORITIES 13
A. Nothing in this compact, nor any rule of the commission, shall be construed to 14
limit, restrict, or in any way reduce the ability of a member state to enact and 15
enforce laws, regulations, or other rules related to the practice of social work in 16
that state, where those laws, regulations, or other rules are not inconsistent with 17
the provisions of this compact. 18
B. Nothing in this compact shall affect the requirements established by a member 19
state for the issuance of a single state license. 20
C. Nothing in this compact, nor any rule of the commission, shall be construed to 21
limit, restrict, or in any way reduce the ability of a member state to take adverse 22
action against a licensee’s single state license to practice social work in that state. 23
D. Nothing in this compact, nor any rule of the commission, shall be construed to 24
limit, restrict, or in any way reduce the ability of a remote state to take adverse 25
action against a licensee’s multistate authorization to practice in that state. 26
E. Nothing in this compact, nor any rule of the commission, shall be construed to 27 UNOFFICIAL COPY 24 RS BR 150
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limit, restrict, or in any way reduce the ability of a licensee’s home state to take 1
adverse action against a licensee’s multistate license based upon information 2
provided by a remote state. 3
SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME 4
STATE 5
A. A licensee may hold a multistate license, issued by their home state, in only one 6
(1) member state at any given time. 7
B. If a licensee changes their home state by moving between two (2) member states: 8
1. The licensee shall immediately apply for the reissuance of their multistate 9
license in their new home state. The licensee shall pay all applicable fees 10
and notify the prior home state in accordance with the rules of the 11
commission; 12
2. Upon receipt of an application to reissue a multistate license, the new home 13
state shall verify that the multistate license is active, unencumbered, and 14
eligible for reissuance under the terms of the compact and the rules of the 15
commission. The multistate license issued by the prior home state will be 16
deactivated and all member states notified in accordance with the applicable 17
rules adopted by the commission; 18
3. Prior to the reissuance of the multistate license, the new home state shall 19
conduct procedures for considering the criminal history records of the 20
licensee. These procedures shall include the submission of fingerprints or 21
other biometric-based information by applicants for the purpose of 22
obtaining an applicant’s criminal history record information from the 23
Federal Bureau of Investigation and the agency responsible for retaining 24
that state’s criminal records; 25
4. If required for initial licensure, the new home state may require completion 26
of jurisprudence requirements in the new home state; and 27 UNOFFICIAL COPY 24 RS BR 150
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5. Notwithstanding any other provision of this compact, if a licensee does not 1
meet the requirements set forth in this compact for the reissuance of a 2
multistate license by the new home state, then the licensee shall be subject 3
to the new home state requirements for the issuance of a single state license 4
in that state. 5
C. If a licensee changes their primary state of residence by moving from a member 6
state to a nonmember state, or from a nonmember state to a member state, then 7
the licensee shall be subject to the state requirements for the issuance of a single 8
state license in the new home state. 9
D. Nothing in this compact shall interfere with a licensee’s ability to hold a single 10
state license in multiple states; however, for the purposes of this compact, a 11
licensee shall have only one (1) home state, and only one (1) multistate license. 12
E. Nothing in this compact shall interfere with the requirements established by a 13
member state for the issuance of a single state license. 14
SECTION 8. MILITARY FAMILIES 15
An active military member, or their spouse, shall designate a home state where the 16
individual has a multistate license. The individual may retain their home state 17
designation during the period the service member is on active duty. 18
SECTION 9. ADVERSE ACTIONS 19
A. In addition to the other powers conferred by state law, a remote state shall have 20
the authority, in accordance with existing state due process law, to: 21
1. Take adverse action against a regulated social worker’s multistate 22
authorization to practice only within that member state, and issue 23
subpoenas for both hearings and investigations that require the attendance 24
and testimony of witnesses as well as the production of evidence. Subpoenas 25
issued by a licensing authority in a member state for the attendance and 26
testimony of witnesses or the production of evidence from another member 27 UNOFFICIAL COPY 24 RS BR 150
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state shall be enforced in the latter state by any court of competent 1
jurisdiction, according to the practice and procedure of that court 2
applicable to subpoenas issued in proceedings pending before it. The 3
issuing licensing authority shall pay any witness fees, travel expenses, 4
mileage, and other fees required by the service statutes of the state in which 5
the witnesses or evidence are located. 6
2. Only the home state shall have the power to take adverse action against a 7
regulated social worker’s multistate license 8
B. For purposes of taking adverse action, the home state shall give the same priority 9
and effect to reported conduct received from a member state as it would if the 10
conduct had occurred within the home state. In so doing, the home state shall 11
apply its own state laws to determine appropriate action. 12
C. The home state shall complete any pending investigations of a regulated social 13
worker who changes their home state during the course of the investigations. The 14
home state shall also have the authority to take appropriate action and shall 15
promptly report the conclusions of the investigations to the administrator of the 16
data system. The administrator of the data system shall promptly notify the new 17
home state of any adverse actions. 18
D. A member state, if otherwise permitted by state law, may recover from the affected 19
regulated social worker the costs of investigations and dispositions of cases 20
resulting from any adverse action taken against that regulated social worker. 21
E. A member state may take adverse action based on the factual findings of another 22
member state, provided that the member state follows its own procedures for 23
taking the adverse action. 24
F. Joint investigations. 25
1. In addition to the authority granted to a member state by its respective social 26
work practice act or other applicable state law, any member state may 27 UNOFFICIAL COPY 24 RS BR 150
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participate with other member states in joint investigations of licensees. 1
2. Member states shall share any investigative, litigation, or compliance 2
materials in furtherance of any joint or individual investigation initiated 3
under the compact. 4
G. If adverse action is taken by the home state against the multistate license of a 5
regulated social worker, the regulated social worker’s multistate authorization to 6
practice in all other member states shall be deactivated until all encumbrances 7
have been removed from the multistate license. All home state disciplinary orders 8
that impose adverse action against the license of a regulated social worker shall 9
include a statement that the regulated social worker’s multistate authorization to 10
practice is deactivated in all member states until all conditions of the decision, 11
order, or agreement are satisfied. 12
H. If a member state takes adverse action, it shall promptly notify the administrator 13
of the data system. The administrator of the data system shall promptly notify the 14
home state and all other member states of any adverse actions by remote states. 15
I. Nothing in this compact shall override a member state’s decision that 16
participation in an alternative program may be used in lieu of adverse action. 17
J. Nothing in this compact shall authorize a member state to demand the issuance 18
of subpoenas for attendance and testimony of witnesses or the production of 19
evidence from another member state for lawful actions within that member state. 20
K. Nothing in this compact shall authorize a member state to impose discipline 21
against a regulated social worker who holds a multistate authorization to practice 22
for lawful actions within another member state. 23
SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT 24
COMMISSION 25
A. The compact member states hereby create and establish a joint government 26
agency whose membership consists of all member states that have enacted the 27 UNOFFICIAL COPY 24 RS BR 150
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compact known as the social work licensure compact commission. The 1
commission is an instrumentality of the compact states acting jointly and not an 2
instrumentality of any one (1) state. The commission shall come into existence on 3
or after the effective date of the compact as set forth in Section 14 of this 4
compact. 5
B. Membership, voting, and meetings. 6
1. Each member state shall have and be limited to one (1) delegate selected by 7
that member state’s licensing authority. 8
2. The delegate shall be either: 9
a. A current member of the licensing authority at the time of 10
appointment, who is a regulated social worker or public member of the 11
licensing authority; or 12
b. An administrator of the licensing authority or their designee. 13
3. The commission shall by rule or bylaw establish a term of office for 14
delegates and may by rule or bylaw establish term limits. 15
4. The commission may recommend removal or suspension of any delegate 16
from office. 17
5. A member state’s state licensing authority shall fill any vacancy of its 18
delegate occurring on the commission within sixty (60) days of the vacancy. 19
6. Each delegate shall be entitled to one (1) vote on all matters before the 20
commission requiring a vote by commission delegates. 21
7. A delegate shall vote in person or by such other means as provided in the 22
bylaws. The bylaws may provide for delegates to meet by 23
telecommunication, videoconference, or other means of communication. 24
8. The commission shall meet at least once during each calendar year. 25
Additional meetings may be held as set forth in the bylaws. The commission 26
may meet by telecommunication, video conference, or other similar 27 UNOFFICIAL COPY 24 RS BR 150
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electronic means. 1
C. The commission shall have the following powers: 2
1. Establish the fiscal year of the commission; 3
2. Establish code of conduct and conflict of interest policies; 4
3. Establish and amend rules and bylaws; 5
4. Maintain its financial records in accordance with the bylaws; 6
5. Meet and take such actions as are consistent with the provisions of this 7
compact, the commission’s rules, and the bylaws; 8
6. Initiate and conclude legal proceedings or actions in the name of the 9
commission, provided that the standing of any state licensing authority to 10
sue or be sued under applicable law shall not be affected; 11
7. Maintain and certify records and information provided to a member state as 12
the authenticated business records of the commission and designate an 13
agent to do so on the commission’s behalf; 14
8. Purchase and maintain insurance and bonds; 15
9. Borrow, accept, or contract for services of personnel including but not 16
limited to employees of a member state; 17
10. Conduct an annual financial review; 18
11. Hire employees, elect or appoint officers, fix compensation, define duties, 19
grant such individuals appropriate authority to carry out the purposes of the 20
compact, and establish the commission’s personnel policies and programs 21
relating to conflicts of interest, qualifications of personnel, and other 22
related personnel matters; 23
12. Assess and collect fees; 24
13. Accept any and all appropriate gifts, donations, grants of money, other 25
sources of revenue, equipment, supplies, materials, and services, and 26
receive, utilize, and dispose of the same; provided that at all times the 27 UNOFFICIAL COPY 24 RS BR 150
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commission shall avoid any appearance of impropriety or conflict of 1
interest; 2
14. Lease, purchase, retain, or otherwise to own, hold, improve, or use, any 3
property, real, personal, or mixed, or any undivided interest therein; 4
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 5
dispose of any property real, personal, or mixed; 6
16. Establish a budget and make expenditures; 7
17. Borrow money; 8
18. Appoint committees, including standing committees composed of members, 9
state regulators, state legislators or their representatives, and consumer 10
representatives, and such other interested persons as may be designated in 11
this compact and the bylaws; 12
19. Provide and receive information from, and cooperate with, law enforcement 13
agencies; 14
20. Establish and elect an executive committee, including a chair and a vice 15
chair; 16
21. Determine whether a state’s adopted language is materially different from 17
the model compact language such that the state would not qualify for 18
participation in the compact; and 19
22. Perform such other functions as may be necessary or appropriate to achieve 20
the purposes of this compact. 21
D. The executive committee. 22
1. The executive committee shall have the power to act on behalf of the 23
commission according to the terms of this compact. The powers, duties, and 24
responsibilities of the executive committee shall include to: 25
a. Oversee the day-to-day activities of the administration of the compact, 26
including enforcement and compliance with the provisions of the 27 UNOFFICIAL COPY 24 RS BR 150
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compact, its rules and bylaws, and other duties as deemed necessary; 1
b. Recommend to the commission changes to the rules or bylaws, 2
changes to this compact legislation, fees charged to compact member 3
states, fees charged to licensees, and other fees; 4
c. Ensure compact administration services are appropriately provided, 5
including by contract; 6
d. Prepare and recommend the budget; 7
e. Maintain financial records on behalf of the commission; 8
f. Monitor compact compliance of member states and provide 9
compliance reports to the commission; 10
g. Establish additional committees as necessary; 11
h. Exercise the powers and duties of the commission during the interim 12
between commission meetings, except for adopting or amending rules, 13
adopting or amending bylaws, and exercising any other powers and 14
duties expressly reserved to the commission by rule or bylaw; and 15
i. Other duties as provided in the rules or bylaws of the commission. 16
2. The executive committee shall be composed of up to eleven (11) members: 17
a. The chair and vice chair of the commission shall be voting members 18
of the executive committee; 19
b. Five (5) voting members who are elected by the commission from the 20
current membership of the commission; 21
c. Up to four (4) ex officio, nonvoting members from four (4) recognized 22
national social worker organizations; and 23
d. The ex officio members will be selected by their respective 24
organizations. 25
3. The commission may remove any member of the executive committee as 26
provided in the commission’s bylaws. 27 UNOFFICIAL COPY 24 RS BR 150
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4. The executive committee shall meet at least annually. 1
a. Executive committee meetings shall be open to the public, except that 2
the executive committee may meet in a closed, nonpublic meeting as 3
provided in subsection F.2. of this section. 4
b. The executive committee shall give seven (7) days’ notice of its 5
meetings, posted on its website and as determined to provide notice to 6
persons with an interest in the business of the commission. 7
c. The executive committee may hold a special meeting in accordance 8
with subsection F.1.b. of this section. 9
E. The commission shall adopt and provide to the member states an annual report. 10
F. Meetings of the commission. 11
1. All meetings shall be open to the public, except that the commission may 12
meet in a closed, nonpublic meeting as provided in paragraph 2. of this 13
subsection. 14
a. Public notice for all meetings of the full commission of meetings shall 15
be given in the same manner as required under the rulemaking 16
provisions in Section 12 of this compact, except that the commission 17
may hold a special meeting as provided in paragraph 1.b. of this 18
subsection. 19
b. The commission may hold a special meeting when it must meet to 20
conduct emergency business by giving forty-eight (48) hours’ notice to 21
all commissioners, on the commission’s website, and other means as 22
provided in the commission’s rules. The commission’s legal counsel 23
shall certify that the commission’s need to meet qualifies as an 24
emergency. 25
2. The commission, the executive committee, or other committees of the 26
commission may convene in a closed, nonpublic meeting for the 27 UNOFFICIAL COPY 24 RS BR 150
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commission, executive committee, or other committees of the commission to 1
receive legal advice or to discuss: 2
a. Noncompliance of a member state with its obligations under the 3
compact; 4
b. The employment, compensation, discipline, or other matters, practices 5
or procedures related to specific employees; 6
c. Current or threatened discipline of a licensee by the commission or by 7
a member state’s licensing authority; 8
d. Current, threatened, or reasonably anticipated litigation; 9
e. Negotiation of contracts for the purchase, lease, or sale of goods, 10
services, or real estate; 11
f. Accusing any person of a crime or formally censuring any person; 12
g. Trade secrets or commercial or financial information that is privileged 13
or confidential; 14
h. Information of a personal nature where disclosure would constitute a 15
clearly unwarranted invasion of personal privacy; 16
i. Investigative records compiled for law enforcement purposes; 17
j. Information related to any investigative reports prepared by or on 18
behalf of or for use of the commission or other committee charged 19
with responsibility of investigation or determination of compliance 20
issues pursuant to the compact; 21
k. Matters specifically exempted from disclosure by federal or member 22
state law; or 23
l. Other matters as promulgated by the commission by rule. 24
3. If a meeting, or portion of a meeting, is closed, the presiding officer shall 25
state that the meeting will be closed and reference each relevant exempting 26
provision, and such reference shall be recorded in the minutes. 27 UNOFFICIAL COPY 24 RS BR 150
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4. The commission shall keep minutes that fully and clearly describe all 1
matters discussed in a meeting and shall provide a full and accurate 2
summary of actions taken, and the reasons therefor, including a description 3
of the views expressed. All documents considered in connection with an 4
action shall be identified in such minutes. All minutes and documents of a 5
closed meeting shall remain under seal, subject to release only by a majority 6
vote of the commission or order of a court of competent jurisdiction. 7
G. Financing of the commission. 8
1. The commission shall pay, or provide for the payment of, the reasonable 9
expenses of its establishment, organization, and ongoing activities. 10
2. The commission may accept any and all appropriate revenue sources, as 11
provided in subsection C.13. of this section. 12
3. The commission may levy on and collect an annual assessment from each 13
member state and impose fees on licensees of member states to whom it 14
grants a multistate license to cover the cost of the operations and activities 15
of the commission and its staff, which must be in a total amount sufficient 16
to cover its annual budget as approved each year for which revenue is not 17
provided by other sources. The aggregate annual assessment amount for 18
member states shall be allocated based upon a formula that the commission 19
shall promulgate by rule. 20
4. The commission shall not incur obligations of any kind prior to securing 21
the funds adequate to meet the same; nor shall the commission pledge the 22
credit of any of the member states, except by and with the authority of the 23
member state. 24
5. The commission shall keep accurate accounts of all receipts and 25
disbursements. The receipts and disbursements of the commission shall be 26
subject to the financial review and accounting procedures established under 27 UNOFFICIAL COPY 24 RS BR 150
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its bylaws. However, all receipts and disbursements of funds handled by the 1
commission shall be subject to an annual financial review by a certified or 2
licensed public accountant, and the report of the financial review shall be 3
included in and become part of the annual report of the commission. 4
H. Qualified immunity, defense, and indemnification. 5
1. The members, officers, executive director, employees, and representatives of 6
the commission shall be immune from suit and liability, both personally and 7
in their official capacity, for any claim for damage to or loss of property or 8
personal injury or other civil liability caused by or arising out of any actual 9
or alleged act, error, or omission that occurred, or that the person against 10
whom the claim is made had a reasonable basis for believing occurred 11
within the scope of commission employment, duties, or responsibilities; 12
provided that nothing in this paragraph shall be construed to protect any 13
such person from suit or liability for any damage, loss, injury, or liability 14
caused by the intentional or willful or wanton misconduct of that person. 15
The procurement of insurance of any type by the commission shall not in 16
any way compromise or limit the immunity granted hereunder. 17
2. The commission shall defend any member, officer, executive director, 18
employee, and representative of the commission in any civil action seeking 19
to impose liability arising out of any actual or alleged act, error, or omission 20
that occurred within the scope of commission employment, duties, or 21
responsibilities, or as determined by the commission that the person against 22
whom the claim is made had a reasonable basis for believing occurred 23
within the scope of commission employment, duties, or responsibilities; 24
provided that nothing herein shall be construed to prohibit that person from 25
retaining their own counsel at their own expense; and provided further, that 26
the actual or alleged act, error, or omission did not result from that person’s 27 UNOFFICIAL COPY 24 RS BR 150
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intentional or willful or wanton misconduct. 1
3. The commission shall indemnify and hold harmless any member, officer, 2
executive director, employee, and representative of the commission for the 3
amount of any settlement or judgment obtained against that person arising 4
out of any actual or alleged act, error, or omission that occurred within the 5
scope of commission employment, duties, or responsibilities, or that such 6
person had a reasonable basis for believing occurred within the scope of 7
commission employment, duties, or responsibilities, provided that the actual 8
or alleged act, error, or omission did not result from the intentional or 9
willful or wanton misconduct of that person. 10
4. Nothing in this compact shall be construed as a limitation on the liability of 11
any licensee for professional malpractice or misconduct, which shall be 12
governed solely by any other applicable state laws. 13
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 14
a member state’s state action immunity or state action affirmative defense 15
with respect to antitrust claims under the Sherman Antitrust Act, 15 U.S.C. 16
sec. 1 et seq.; Clayton Act, 15 U.S.C. sec. 12 et seq.; or any other state or 17
federal antitrust or anticompetitive law or regulation. 18
6. Nothing in this compact shall be construed to be a waiver of sovereign 19
immunity by the member states or by the commission. 20
SECTION 11. DATA SYSTEM 21
A. The commission shall provide for the development, maintenance, operation, and 22
utilization of a coordinated data system. 23
B. The commission shall assign each applicant for a multistate license a unique 24
identifier, as determined by the rules of the commission. 25
C. Notwithstanding any other provision of state law to the contrary, a member state 26
shall submit a uniform data set to the data system on all individuals to whom this 27 UNOFFICIAL COPY 24 RS BR 150
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compact is applicable as required by the rules of the commission, including: 1
1. Identifying information; 2
2. Licensure data; 3
3. Adverse actions against a license and information related thereto; 4
4. Nonconfidential information related to alternative program participation, 5
the beginning and ending of such participation, and other information 6
related to such participation not made confidential under member state law; 7
5. Any denial of application for licensure, and the reasons for such denial; 8
6. The presence of current significant investigative information; and 9
7. Other information that may facilitate the administration of this compact or 10
the protection of the public, as determined by the rules of the commission. 11
D. The records and information provided to a member state pursuant to this compact 12
or through the data system, when certified by the commission or an agent thereof, 13
shall constitute the authenticated business records of the commission, and shall 14
be entitled to any associated hearsay exception in any relevant judicial, quasi-15
judicial, or administrative proceedings in a member state. 16
E. Current significant investigative information pertaining to a licensee in any 17
member state will only be available to other member states. It is the responsibility 18
of the member states to report any adverse action against a licensee and to 19
monitor the database to determine whether adverse action has been taken against 20
a licensee. adverse action information pertaining to a licensee in any member 21
state will be available to any other member state. 22
F. Member states contributing information to the data system may designate 23
information that may not be shared with the public without the express 24
permission of the contributing state. 25
G. Any information submitted to the data system that is subsequently expunged 26
pursuant to federal law or the laws of the member state contributing the 27 UNOFFICIAL COPY 24 RS BR 150
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information shall be removed from the data system. 1
SECTION 12. RULEMAKING 2
A. The commission shall promulgate reasonable rules in order to effectively and 3
efficiently implement and administer the purposes and provisions of the compact. 4
A rule shall be invalid and have no force or effect only if a court of competent 5
jurisdiction holds that the rule is invalid because the commission exercised its 6
rulemaking authority in a manner that is beyond the scope and purposes of the 7
compact, or the powers granted hereunder, or based upon another applicable 8
standard of review. 9
B. The rules of the commission shall have the force of law in each member state, 10
provided however that where the rules of the commission conflict with the laws of 11
the member state that establish the member state’s laws, regulations, and 12
applicable standards that govern the practice of social work as held by a court of 13
competent jurisdiction, the rules of the commission shall be ineffective in that 14
state to the extent of the conflict. 15
C. The commission shall exercise its rulemaking powers pursuant to the criteria set 16
forth in this section and the rules adopted thereunder. Rules shall become 17
binding on the day following adoption or the date specified in the rule or 18
amendment, whichever is later. 19
D. If a majority of the legislatures of the member states rejects a rule or portion of a 20
rule, by enactment of a statute or resolution in the same manner used to adopt the 21
compact within four (4) years of the date of adoption of the rule, then the rule 22
shall have no further force and effect in any member state. 23
E. Rules shall be adopted at a regular or special meeting of the commission. 24
F. Prior to adoption of a proposed rule, the commission shall hold a public hearing 25
and allow persons to provide oral and written comments, data, facts, opinions, 26
and arguments. 27 UNOFFICIAL COPY 24 RS BR 150
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G. Prior to adoption of a proposed rule by the commission, and at least thirty (30) 1
days in advance of the meeting at which the commission will hold a public 2
hearing on the proposed rule, the commission shall provide a notice of proposed 3
rulemaking: 4
1. On the website of the commission or other publicly accessible platform; 5
2. To persons who have requested notice of the commission’s notices of 6
proposed rulemaking; and 7
3. In such other way as the commission may by rule specify. 8
H. The notice of proposed rulemaking shall include: 9
1. The time, date, and location of the public hearing at which the commission 10
will hear public comments on the proposed rule and, if different, the time, 11
date, and location of the meeting where the commission will consider and 12
vote on the proposed rule; 13
2. If the hearing is held via telecommunication, video conference, or other 14
electronic means, the commission shall include the mechanism for access to 15
the hearing in the notice of proposed rulemaking; 16
3. The text of the proposed rule and the reason therefor; 17
4. A request for comments on the proposed rule from any interested person; 18
and 19
5. The manner in which interested persons may submit written comments. 20
I. All hearings will be recorded. A copy of the recording and all written comments 21
and documents received by the commission in response to the proposed rule shall 22
be available to the public. 23
J. Nothing in this section shall be construed as requiring a separate hearing on 24
each rule. Rules may be grouped for the convenience of the commission at 25
hearings required by this section. 26
K. The commission shall, by majority vote of all members, take final action on the 27 UNOFFICIAL COPY 24 RS BR 150
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proposed rule based on the rulemaking record and the full text of the rule. 1
1. The commission may adopt changes to the proposed rule provided the 2
changes do not enlarge the original purpose of the proposed rule. 3
2. The commission shall provide an explanation of the reasons for substantive 4
changes made to the proposed rule as well as reasons for substantive 5
changes not made that were recommended by commenters. 6
3. The commission shall determine a reasonable effective date for the rule. 7
Except for an emergency as provided in subsection L. of this section, the 8
effective date of the rule shall be no sooner than thirty (30) days after 9
issuing the notice that it adopted or amended the rule. 10
L. Upon determination that an emergency exists, the commission may consider and 11
adopt an emergency rule with forty-eight (48) hours’ notice, with opportunity to 12
comment, provided that the usual rulemaking procedures provided in the compact 13
and in this section shall be retroactively applied to the rule as soon as reasonably 14
possible, in no event later than ninety (90) days after the effective date of the rule. 15
For the purposes of this provision, an emergency rule is one that must be adopted 16
immediately in order to: 17
1. Meet an imminent threat to public health, safety, or welfare; 18
2. Prevent a loss of commission or member state funds; 19
3. Meet a deadline for the promulgation of a rule that is established by federal 20
law or rule; or 21
4. Protect public health and safety. 22
M. The commission or an authorized committee of the commission may direct 23
revisions to a previously adopted rule for purposes of correcting typographical 24
errors, errors in format, errors in consistency, or grammatical errors. Public 25
notice of any revisions shall be posted on the website of the commission. The 26
revision shall be subject to challenge by any person for a period of thirty (30) 27 UNOFFICIAL COPY 24 RS BR 150
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days after posting. The revision may be challenged only on grounds that the 1
revision results in a material change to a rule. A challenge shall be made in 2
writing and delivered to the commission prior to the end of the notice period. If 3
no challenge is made, the revision will take effect without further action. If the 4
revision is challenged, the revision may not take effect without the approval of the 5
commission. 6
N. No member state’s rulemaking requirements shall apply under this compact. 7
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 8
A. Oversight. 9
1. The executive and judicial branches of state government in each member 10
state shall enforce this compact and take all actions necessary and 11
appropriate to implement the compact. 12
2. Except as otherwise provided in this compact, venue is proper and judicial 13
proceedings by or against the commission shall be brought solely and 14
exclusively in a court of competent jurisdiction where the principal office of 15
the commission is located. The commission may waive venue and 16
jurisdictional defenses to the extent it adopts or consents to participate in 17
alternative dispute resolution proceedings. Nothing herein shall affect or 18
limit the selection or propriety of venue in any action against a licensee for 19
professional malpractice, misconduct, or any such similar matter. 20
3. The commission shall be entitled to receive service of process in any 21
proceeding regarding the enforcement or interpretation of the compact and 22
shall have standing to intervene in such a proceeding for all purposes. 23
Failure to provide the commission service of process shall render a 24
judgment or order void as to the commission, this compact, or promulgated 25
rules. 26
B. Default, technical assistance, and termination. 27 UNOFFICIAL COPY 24 RS BR 150
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1. If the commission determines that a member state has defaulted in the 1
performance of its obligations or responsibilities under this compact or the 2
promulgated rules, the commission shall provide written notice to the 3
defaulting state. The notice of default shall describe the default, the 4
proposed means of curing the default, and any other action that the 5
commission may take, and shall offer training and specific technical 6
assistance regarding the default. 7
2. The commission shall provide a copy of the notice of default to the other 8
member states. 9
C. If a state in default fails to cure the default, the defaulting state may be 10
terminated from the compact upon an affirmative vote of a majority of the 11
delegates of the member states, and all rights, privileges, and benefits conferred 12
on that state by this compact may be terminated on the effective date of 13
termination. A cure of the default does not relieve the offending state of 14
obligations or liabilities incurred during the period of default. 15
D. Termination of membership in the compact shall be imposed only after all other 16
means of securing compliance have been exhausted. Notice of intent to suspend 17
or terminate shall be given by the commission to the Governor, the majority and 18
minority leaders of the defaulting state’s legislature, the defaulting state’s state 19
licensing authority, and each of the member states’ state licensing authority. 20
E. A state that has been terminated is responsible for all assessments, obligations, 21
and liabilities incurred through the effective date of termination, including 22
obligations that extend beyond the effective date of termination. 23
F. Upon the termination of a state’s membership from this compact, that state shall 24
immediately provide notice to all licensees within that state of such termination. 25
The terminated state shall continue to recognize all licenses granted pursuant to 26
this compact for a minimum of six (6) months after the date of said notice of 27 UNOFFICIAL COPY 24 RS BR 150
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termination. 1
G. The commission shall not bear any costs related to a state that is found to be in 2
default or that has been terminated from the compact, unless agreed upon in 3
writing between the commission and the defaulting state. 4
H. The defaulting state may appeal the action of the commission by petitioning the 5
United States District Court for the District of Columbia or the federal district 6
where the commission has its principal offices. The prevailing party shall be 7
awarded all costs of such litigation, including reasonable attorney’s fees. 8
I. Dispute resolution. 9
1. Upon request by a member state, the commission shall attempt to resolve 10
disputes related to the compact that arise among member states and between 11
member and nonmember states. 12
2. The commission shall promulgate a rule providing for both mediation and 13
binding dispute resolution for disputes as appropriate. 14
J. Enforcement. 15
1. By majority vote as provided by rule, the commission may initiate legal 16
action against a member state in default in the United States District Court 17
for the District of Columbia or the federal district where the commission 18
has its principal offices to enforce compliance with the provisions of the 19
compact and its promulgated rules. The relief sought may include both 20
injunctive relief and damages. In the event judicial enforcement is 21
necessary, the prevailing party shall be awarded all costs of such litigation, 22
including reasonable attorney’s fees. The remedies herein shall not be the 23
exclusive remedies of the commission. The commission may pursue any 24
other remedies available under federal or the defaulting member state’s law. 25
2. A member state may initiate legal action against the commission in the 26
United States District Court for the District of Columbia or the federal 27 UNOFFICIAL COPY 24 RS BR 150
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district where the commission has its principal offices to enforce 1
compliance with the provisions of the compact and its promulgated rules. 2
The relief sought may include both injunctive relief and damages. In the 3
event judicial enforcement is necessary, the prevailing party shall be 4
awarded all costs of such litigation, including reasonable attorney’s fees. 5
3. No person other than a member state shall enforce this compact against the 6
commission. 7
SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 8
A. The compact shall come into effect on the date on which the compact statute is 9
enacted into law in the seventh member state. 10
1. On or after the effective date of the compact, the commission shall convene 11
and review the enactment of each of the first seven (7) member states 12
("charter member states") to determine if the statute enacted by each such 13
charter member state is materially different than the model compact statute. 14
a. A charter member state whose enactment is found to be materially 15
different from the model compact statute shall be entitled to the 16
default process set forth in Section 13 of this compact. 17
b. If any member state is later found to be in default, or is terminated or 18
withdraws from the compact, the commission shall remain in 19
existence and the compact shall remain in effect even if the number of 20
member states should be less than seven (7). 21
2. Member states enacting the compact subsequent to the seven (7) initial 22
charter member states shall be subject to the process set forth in Section 23
10.C.21. of this compact to determine if their enactments are materially 24
different from the model compact statute and whether they qualify for 25
participation in the compact. 26
3. All actions taken for the benefit of the commission or in furtherance of the 27 UNOFFICIAL COPY 24 RS BR 150
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purposes of the administration of the compact prior to the effective date of 1
the compact or the commission coming into existence shall be considered to 2
be actions of the commission unless specifically repudiated by the 3
commission. 4
4. Any state that joins the compact subsequent to the commission’s initial 5
adoption of the rules and bylaws shall be subject to the rules and bylaws as 6
they exist on the date on which the compact becomes law in that state. Any 7
rule that has been previously adopted by the commission shall have the full 8
force and effect of law on the day the compact becomes law in that state. 9
B. Any member state may withdraw from this compact by enacting a statute 10
repealing the same. 11
1. A member state’s withdrawal shall not take effect until one hundred eighty 12
(180) days after enactment of the repealing statute. 13
2. Withdrawal shall not affect the continuing requirement of the withdrawing 14
state’s licensing authority to comply with the investigative and adverse 15
action reporting requirements of this compact prior to the effective date of 16
withdrawal. 17
3. Upon the enactment of a statute withdrawing from this compact, a state 18
shall immediately provide notice of such withdrawal to all licensees within 19
that state. Notwithstanding any subsequent statutory enactment to the 20
contrary, the withdrawing state shall continue to recognize all licenses 21
granted pursuant to this compact for a minimum of one hundred eighty 22
(180) days after the date of such notice of withdrawal. 23
C. Nothing contained in this compact shall be construed to invalidate or prevent any 24
social work licensure agreement or other cooperative arrangement between a 25
member state and a nonmember state that does not conflict with the provisions of 26
this compact. 27 UNOFFICIAL COPY 24 RS BR 150
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D. This compact may be amended by the member states. No amendment to this 1
compact shall become effective and binding upon any member state until it is 2
enacted into the laws of all member states. 3
SECTION 15. CONSTRUCTION AND SEVERABILITY 4
A. This compact and the commission’s rulemaking authority shall be liberally 5
construed so as to effectuate the purposes, and the implementation and 6
administration of the compact. Provisions of the compact expressly authorizing or 7
requiring the promulgation of rules shall not be construed to limit the 8
commission’s rulemaking authority solely for those purposes. 9
B. The provisions of this compact shall be severable and if any phrase, clause, 10
sentence, or provision of this compact is held by a court of competent jurisdiction 11
to be contrary to the constitution of any member state, a state seeking 12
participation in the compact, or of the United States, or the applicability thereof 13
to any government, agency, person, or circumstance is held to be unconstitutional 14
by a court of competent jurisdiction, the validity of the remainder of this compact 15
and the applicability thereof to any other government, agency, person, or 16
circumstance shall not be affected thereby. 17
C. Notwithstanding subsection B. of this section, the commission may deny a state’s 18
participation in the compact or, in accordance with the requirements of Section 19
13.B. of this compact, terminate a member state’s participation in the compact, if 20
it determines that a constitutional requirement of a member state is a material 21
departure from the compact. Otherwise, if this compact shall be held to be 22
contrary to the constitution of any member state, the compact shall remain in full 23
force and effect as to the remaining member states and in full force and effect as 24
to the member state affected as to all severable matters. 25
SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 26
LAWS 27 UNOFFICIAL COPY 24 RS BR 150
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A. A licensee providing services in a remote state under a multistate authorization to 1
practice shall adhere to the laws, regulations, and applicable standards of the 2
remote state where the client is located at the time care is rendered. 3
B. Nothing herein shall prevent or inhibit the enforcement of any other law of a 4
member state that is not inconsistent with the compact. 5
C. Any laws, statutes, regulations, or other legal requirements in a member state in 6
conflict with the compact are superseded to the extent of the conflict. 7
D. All permissible agreements between the commission and the member states are 8
binding in accordance with their terms. 9
SECTION 17. APPLICABILITY OF KENTUCKY STATE GOVERNMENT 10
In order to clarify the effect of certain provisions of this compact and to ensure that the 11
rights and responsibilities of the various branches of government are maintained, the 12
following shall be in effect in this state: 13
A. By entering into this compact, this state authorizes the licensing authority as 14
defined in Section 2.O. of this compact and as created by KRS 335.050 to 15
implement the provisions of this compact. 16
B. Notwithstanding any provision of this compact to the contrary: 17
1. When a rule is adopted pursuant to Section 12 of this compact, the licensing 18
authority of this state as defined by Section 2.O. of this compact shall have 19
sixty (60) days to review the rule for the purpose of filing the rule as an 20
emergency administrative regulation pursuant to KRS 13A.190 and for 21
filing the rule as an accompanying ordinary administrative regulation, 22
following the requirements of KRS Chapter 13A. Failure by the licensing 23
authority of this state as defined by Section 2.O. of this compact to 24
promulgate a rule adopted by the Social Work Licensure Compact 25
Commission as an administrative regulation pursuant to KRS Chapter 13A 26
shall result in withdrawal as set forth in Section 14 of this compact. Nothing 27 UNOFFICIAL COPY 24 RS BR 150
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in these provisions shall negate the applicability of a commission rule or 1
Section 12 of this compact to this state. 2
2. If the proposed administrative regulation is found deficient and the 3
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, Section 14 4
of this compact shall apply. If the deficiency is resolved in a manner 5
determined by the commission to be inconsistent with this compact or its 6
rules, or if the procedures under Section 13 of this compact fail to resolve 7
an issue, the withdrawal provisions of Section 14 of this compact shall 8
apply. 9
3. If a court of competent jurisdiction determines that the Social Work 10
Licensure Compact Commission created by Section 10 of this compact 11
exercises its rulemaking authority in a manner that is beyond the scope of 12
the purposes of this compact, or the powers granted under this compact, 13
then such an action by the commission shall be invalid and have no force or 14
effect. 15
C. Section 10.G. of this compact pertaining to the financing of the commission shall 16
not be interpreted to obligate the general fund of this state. Any funds used to 17
finance this compact shall be from money collected pursuant to KRS 335.140. 18
D. This compact shall apply only to those regulated social workers who practice or 19
work under a compact privilege. 20