ENROLLED
ACT No. 791
2024 Regular Session
HOUSE BILL NO. 888
BY REPRESENTATIVES STAGNI, BAGLEY, CARRIER, WILFORD CARTER, COX,
DOMANGUE, FISHER, FREIBERG, GREEN, JORDAN, LARVADAIN, LYONS,
NEWELL, PHELPS, SELDERS, TAYLOR, WALTERS, AND WYBLE
1 AN ACT
2 To enact Part II of Chapter 35 of Title 37 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 37:2731, relative to the Social Work Licensure Compact; to
4 establish the purpose of the Compact; to identify certain objectives; to provide for
5 definitions; to provide eligibility requirements for state and social worker
6 participation; to establish provisions for the issuance of a multistate license; to
7 authorize the Interstate Compact Commission; to provide for member licensing
8 authority; to establish certain provisions for military families; to establish authority
9 for certain entities to take adverse action; to establish the Social Work Licensure
10 Compact Commission; to require usage of a coordinated data system; to require the
11 promulgation of certain rules; to provide for oversight, dispute resolution, and
12 enforcement of certain provisions; to provide for construction and severability; to
13 require consistency and conflict resolution between states; to establish provisions for
14 a criminal background check for the Louisiana State Board of Social Work
15 Examiners; to designate Chapter 35 of Title 37 of the Louisiana Revised Statutes of
16 1950, comprised of R.S. 37:2701 through 2724, "PART I. SOCIAL WORKERS";
17 and to provide for related matters.
18 Be it enacted by the Legislature of Louisiana:
19 Section 1. The provisions of Chapter 35 of Title 37 of the Louisiana Revised Statutes
20 of 1950, comprised of R.S. 37:2701 through 2724, are hereby designated "PART I. SOCIAL
21 WORKERS".
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1 Section 2. Part II of Chapter 35 of Title 37 of the Louisiana Revised Statutes of 1950,
2 comprised of R.S. 37:2731, is hereby enacted to read as follows:
3 PART II. SOCIAL WORK LICENSURE COMPACT
4 §2731. Social Work Licensure Compact; adoption
5 The Social Work Licensure Compact is hereby recognized and enacted into
6 law and entered into by this state with all states legally joining therein in the form
7 substantially as follows:
8 SECTION 1. PURPOSE
9 The purpose of this Compact is to facilitate the interstate practice of regulated
10 social workers by improving public access to competent social work services. The
11 Social Work Licensure Compact preserves the regulatory authority of states to
12 protect public health and safety through the current system of state licensure.
13 This Compact is designed to achieve all of the following objectives:
14 (1) Increase public access to social work services.
15 (2) Reduce overly burdensome and duplicative requirements associated with
16 holding multiple licenses.
17 (3) Enhance the member states' ability to protect the public's health and
18 safety.
19 (4) Encourage the cooperation of member states in regulating multistate
20 practice.
21 (5) Promote mobility and address workforce shortages by eliminating the
22 necessity for licenses in multiple states by providing for the mutual recognition of
23 other member state licenses.
24 (6) Support military families.
25 (7) Facilitate the exchange of licensure and disciplinary information among
26 member states.
27 (8) Authorize all member states to hold a regulated social worker
28 accountable for abiding by a member state's laws, regulations, and applicable
29 professional standards in the member state in which the client is located at the time
30 care is rendered.
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1 (9) Allow for the use of telehealth to facilitate increased access to regulated
2 social work services.
3 SECTION 2. DEFINITIONS
4 For the purposes of this Chapter, the following terms have the meaning
5 ascribed to them:
6 (1) "Active military member" means any individual with full-time duty
7 status in the active United States Armed Forces, members of the National Guard of
8 the United States, and the United States Army Reserve.
9 (2) "Adverse action" means any administrative, civil, equitable or criminal
10 action permitted by a state's laws which is imposed by a licensing authority or other
11 authority against a regulated social worker, including actions against an individual's
12 license or multistate authorization to practice such as revocation, suspension,
13 probation, monitoring of the licensee, limitation on the licensee's practice, or any
14 other encumbrance on licensure affecting a regulated social worker's authorization
15 to practice, including issuance of a cease and desist action.
16 (3) "Alternative program" means a nondisciplinary monitoring or practice
17 remediation process approved by a licensing authority to address practitioners with
18 an impairment.
19 (4) "Charter member states" means member states that have enacted
20 legislation to adopt this Compact where such legislation predates the effective date
21 of this Compact as provided in Section 14.
22 (5) "Compact commission" or "commission" means the government agency
23 whose membership consists of all states that have enacted this Compact, which is
24 known as the Social Work Licensure Compact Commission, as provided in Section
25 10, and which shall operate as an instrumentality of the member states.
26 (6) "Criminal history record information" means all state records of arrest,
27 prosecution, and conviction, including those which have been expunged or dismissed
28 in accordance with Louisiana Code of Criminal Procedure Articles 893 and 894 and
29 national records, which shall include fingerprints of the applicant, biometrics, and
30 other identifying information, if so requested by the licensing board.
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1 (7) "Current significant investigative information" means:
2 (a) Investigative information that a licensing authority, after a preliminary
3 inquiry that includes notification and an opportunity for the regulated social worker
4 to respond has reason to believe is not groundless and, if proven true, would indicate
5 more than a minor infraction as may be defined by the Commission.
6 (b) Investigative information that indicates that the regulated social worker
7 represents an immediate threat to public health and safety, as may be defined by the
8 Commission, regardless of whether the regulated social worker has been notified and
9 has had an opportunity to respond.
10 (8) "Data system" means a repository of information about licensees,
11 including continuing education, examination, licensure, current significant
12 investigative information, disqualifying event, multistate licenses, and adverse action
13 information or other information as required by the Commission.
14 (9) "Disqualifying event" means any adverse action or incident which results
15 in an encumbrance that disqualifies or makes the licensee ineligible to either obtain,
16 retain, or renew a multistate license.
17 (10) "Domicile" means the jurisdiction in which the licensee resides and
18 intends to remain indefinitely.
19 (11) "Encumbrance" means a revocation or suspension of, or any limitation
20 on, the full and unrestricted practice of social work licensed and regulated by a
21 licensing authority.
22 (12) "Executive committee" means a group of delegates elected or appointed
23 to act on behalf of, and within the powers granted to them by, this Compact and
24 Commission.
25 (13) "Home state" means the member state that is the licensee's primary
26 domicile.
27 (14) "Impairment" means a condition that may impair a practitioner's ability
28 to engage in full and unrestricted practice as a regulated social worker without some
29 type of intervention and may include alcohol and drug dependence, mental health
30 impairment, and neurological or physical impairments.
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1 (15) "Licensee" means an individual who currently holds a license from a
2 state to practice as a regulated social worker.
3 (16) "Licensing authority" means the board or agency of a member state, or
4 the equivalent, that is responsible for the licensing and regulation of regulated social
5 workers.
6 (17) “Member state” means a state, commonwealth, district, or territory of
7 the United States of America that has enacted this Compact.
8 (18) "Multistate authorization to practice" means a legally authorized
9 privilege to practice, which is equivalent to a license, associated with a multistate
10 license permitting the practice of social work in a remote state.
11 (19) "Multistate license" means a license to practice as a regulated social
12 worker issued by a home state licensing authority that authorizes the regulated social
13 worker to practice in all member states under multistate authorization to practice.
14 (20) "Qualifying national exam" means a national licensing examination
15 approved by the Commission.
16 (21) "Regulated social worker" means any social worker with a clinical,
17 master's, or bachelor's degree who is licensed by a member state regardless of the
18 title used by that member state.
19 (22) "Remote state" means a member state other than the licensee's home
20 state.
21 (23) "Rule or rules of the commission" means a regulation or regulations
22 duly promulgated by the Commission, as authorized by this Compact, that has the
23 force of law.
24 (24) "Single state license" means a social work license issued by any state
25 that authorizes practice only within the issuing state and does not include multistate
26 authorization to practice in any member state.
27 (25) "Social work" or "social work services" means the application of social
28 work theory, knowledge, methods, ethics, and the professional use of self to restore
29 or enhance social, psychosocial, or biopsychosocial functioning of individuals,
30 couples, families, groups, organizations, and communities through the care and
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1 services provided by a regulated social worker as set forth in the member state's
2 statutes and regulations in the state where the services are being provided.
3 (26) "State" means any state, commonwealth, district, or territory of the
4 United States of America that regulates the practice of social work.
5 (27) "Unencumbered license" means a license that authorizes a regulated
6 social worker to engage in the full and unrestricted practice of social work.
7 SECTION 3. STATE PARTICIPATION IN THE COMPACT
8 A. To be eligible to participate in this Compact, a potential member state
9 shall currently meet all of the following criteria:
10 (1) License and regulate the practice of social work at the clinical, master's,
11 or bachelor's category.
12 (2) Require applicants for licensure to graduate from a program that is all of
13 the following:
14 (a) Operated by a college or university recognized by the licensing authority.
15 (b) Accredited, or in candidacy by an institution that subsequently becomes
16 accredited, by an accrediting agency recognized by either of the following:
17 (i) The Council for Higher Education Accreditation, or its successor.
18 (ii) The United States Department of Education.
19 (c) Corresponds to the licensure sought in accordance with Section 4.
20 (3) Require applicants for clinical licensure to complete a period of
21 supervised practice.
22 (4) Have a mechanism in place for receiving, investigating, and adjudicating
23 complaints about licensees.
24 B. To maintain membership in this Compact, a member state shall do all of
25 the following:
26 (1) Require that applicants for a multistate license pass a qualifying national
27 exam for the corresponding category of multistate license sought as provided in
28 Section 4.
29 (2) Participate fully in the Commission's data system, including using the
30 Commission's unique identifier as defined in rules.
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1 (3) Notify the Commission, in compliance with the terms of this Compact
2 and rules, of any adverse action or the availability of current significant investigative
3 information regarding a licensee.
4 (4)(a) Implement procedures for considering the criminal history records of
5 applicants for a multistate license. Such procedures shall include the submission of
6 fingerprints or other biometric-based information by applicants for the purpose of
7 obtaining an applicant's criminal history record information from the Federal Bureau
8 of Investigation and the agency responsible for retaining that state's criminal records.
9 (b) The Louisiana State Board of Social Work Examiners shall be entitled
10 to the criminal history record and identification files of the Louisiana Bureau of
11 Criminal Identification and Information, located within the Louisiana Department
12 of Public Safety and Corrections, of any person who is required to be licensed as a
13 social worker in this state or as part of the Social Work Licensure Compact.
14 Fingerprints, biometrics, and other identifying information of the applicant shall be
15 submitted to the Louisiana Bureau of Criminal Identification and Information. The
16 Louisiana Bureau of Criminal Identification and Information shall, upon request of
17 the Louisiana State Board of Social Work Examiners and after receipt of a
18 fingerprint card and other identifying information from the applicant, make available
19 to the board all arrest and conviction information contained in the Louisiana Bureau
20 of Criminal Identification and Information's criminal history record and
21 identification files which pertain to the applicant for licensure. In addition, the
22 fingerprints shall be forwarded by the Louisiana Bureau of Criminal Identification
23 and Information to the Federal Bureau of Investigation for a national criminal history
24 record check.
25 (c) In accordance with the authority provided for in this Compact, the costs
26 of providing the information required in accordance with this Paragraph shall be
27 charged by the Louisiana Bureau of Criminal Identification and Information, as
28 specified in R.S. 15:587(B), to the Louisiana State Board of Social Work Examiners
29 for furnishing information contained in the Louisiana Bureau of Criminal
30 Identification and Information's criminal history records and identification files,
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1 including any additional cost of providing the national criminal history records
2 check, which pertains to the applicant. The board may impose any or all such fees
3 or costs on the applicant.
4 (5) Comply with the rules of the Commission.
5 (6) Require an applicant to obtain or retain a license in the home state and
6 meet the home state's qualifications for licensure or renewal of licensure, as well as
7 all other applicable home state laws.
8 (7) Authorize a licensee holding a multistate license in any member state to
9 practice in accordance with the terms of this Compact and rules of the Commission.
10 (8) Designate a delegate to participate in the Commission meetings.
11 C. A member state meeting the requirements provided in this Section shall
12 designate the categories of social work licensure that are eligible for issuance of a
13 multistate license for applicants in such member state. To the extent that any
14 member state does not meet the requirements for participation in this Compact at any
15 particular category of social work licensure, such member state may choose, but is
16 not obligated to, issue a multistate license to applicants who otherwise meet the
17 requirements of Section 4 for issuance of a multistate license in such category or
18 categories of licensure.
19 D. The home state may charge a fee for granting the multistate license.
20 SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT
21 A. To be eligible for a multistate license under the terms and provisions of
22 this Compact, an applicant, regardless of category, shall do all of the following:
23 (1) Hold or be eligible for an active, unencumbered license in the home state.
24 (2) Pay any applicable fees, including any state fee, for the multistate license.
25 (3) Submit, in connection with an application for a multistate license,
26 fingerprints or other biometric data for the purpose of obtaining criminal history
27 record information from the Federal Bureau of Investigation and the agency
28 responsible for retaining that state's criminal records.
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1 (4) Notify the home state of any adverse action, encumbrance, or restriction
2 on any professional license taken by any member state or nonmember state within
3 thirty days from the date the action is taken.
4 (5) Meet any continuing competence requirements established by the home
5 state.
6 (6) Abide by the laws, regulations, and applicable standards in the member
7 state where the client is located at the time care is rendered.
8 B. An applicant for a clinical-category multistate license shall meet all of the
9 following requirements:
10 (1) Fulfill a competency requirement, which shall be satisfied by either of
11 the following:
12 (a) Passage of a clinical-category qualifying national exam.
13 (b) Licensure of the applicant in his home state at the clinical category,
14 beginning prior to such time as a qualifying national exam was required by the home
15 state and accompanied by a period of continuous social work licensure thereafter, all
16 of which may be further governed by the rules of the commission.
17 (c) The substantial equivalency of the foregoing competency requirements
18 which the commission may determine by rule.
19 (2) Attain at least a master's degree in social work from a program that meets
20 both of the following criteria:
21 (a) Operated by a college or university recognized by the licensing authority.
22 (b) Accredited, or in candidacy that subsequently becomes accredited, by an
23 accrediting agency recognized by either of the following:
24 (i) The Council for Higher Education Accreditation or its successor.
25 (ii) The United States Department of Education.
26 (3) Fulfill a practice requirement, which shall be satisfied by demonstrating
27 completion of either of the following:
28 (a) A period of postgraduate supervised clinical practice equal to a minimum
29 of three thousand hours.
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1 (b) A minimum of two years of full-time postgraduate supervised clinical
2 practice.
3 (c) The substantial equivalency of the foregoing practice requirements which
4 the commission may determine by rule.
5 C. An applicant for a master's-category multistate license shall meet all of
6 the following requirements:
7 (1) Fulfill a competency requirement, which shall be satisfied by either of
8 the following:
9 (a) Passage of a master's-category qualifying national exam.
10 (b) Licensure of the applicant in his home state at the master's category,
11 beginning prior to such time as a qualifying national exam was required by the home
12 state at the master's category and accompanied by a continuous period of social work
13 licensure thereafter, all of which may be further governed by the rules of the
14 commission.
15 (c) The substantial equivalency of the foregoing competency requirements
16 which the commission may determine by rule.
17 (2) Attain at least a master's degree in social work from a program that is
18 both of the following:
19 (a) Operated by a college or university recognized by the licensing authority.
20 (b) Accredited, or in candidacy that subsequently becomes accredited, by an
21 accrediting agency recognized by either of the following:
22 (i) The Council for Higher Education Accreditation or its successor.
23 (ii) The United States Department of Education.
24 D. An applicant for a bachelor's-category multistate license shall meet all of
25 the following requirements:
26 (1) Fulfill a competency requirement, which shall be satisfied by either of
27 the following:
28 (a) Passage of a bachelor's-category qualifying national exam.
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1 (b) Licensure of the applicant in his home state at the bachelor's category,
2 beginning prior to such time as a qualifying national exam was required by the home
3 state and accompanied by a period of continuous social work licensure thereafter, all
4 of which may be further governed by the rules of the Commission.
5 (c) The substantial equivalency of the foregoing competency requirements
6 which the Commission may determine by rule.
7 (2) Attain at least a bachelor's degree in social work from a program that is
8 both of the following:
9 (a) Operated by a college or university recognized by the licensing authority.
10 (b) Accredited, or in candidacy that subsequently becomes accredited, by an
11 accrediting agency recognized by either of the following:
12 (i) The Council for Higher Education Accreditation or its successor.
13 (ii) The United States Department of Education.
14 E. The multistate license for a regulated social worker is subject to the
15 renewal requirements of the home state. The regulated social worker shall maintain
16 compliance with the requirements of this Section to be eligible to renew a multistate
17 license.
18 F. The regulated social worker's services in a remote state are subject to that
19 member state's regulatory authority. A remote state may, in accordance with due
20 process and that member state's laws, remove a regulated social worker's multistate
21 authorization to practice in the remote state for a specific period of time, impose
22 fines, and take any other necessary actions to protect the health and safety of its
23 citizens.
24 G. If a multistate license is encumbered, the regulated social worker's
25 multistate authorization to practice shall be deactivated in all remote states until the
26 multistate license is no longer encumbered.
27 H. If a multistate authorization to practice is encumbered in a remote state,
28 the regulated social worker's multistate authorization to practice may be deactivated
29 in that state until the multistate authorization to practice is no longer encumbered.
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1 SECTION 5. ISSUANCE OF A MULTISTATE LICENSE
2 A. Upon receipt of an application for multistate license, the home state
3 licensing authority shall determine the applicant's eligibility for a multistate license
4 in accordance with Section 4 of this Compact.
5 B. If such applicant is eligible pursuant to Section 4 of this Compact, the
6 home state licensing authority shall issue a multistate license that authorizes the
7 applicant or regulated social worker to practice in all member states under a
8 multistate authorization to practice.
9 C. Upon issuance of a multistate license, the home state licensing authority
10 shall designate whether the regulated social worker holds a multistate license in the
11 bachelor's, master's, or clinical category of social work.
12 D. A multistate license issued by a home state to a resident in that state shall
13 be recognized by all Compact member states as authorizing social work practice
14 under a multistate authorization to practice corresponding to each category of
15 licensure regulated in each member state.
16 SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMI SSION AND
17 MEMBER STATE LICENSING AUTHORITIES
18 A. Nothing in this Compact, nor any rule of the Commission, shall be
19 construed to limit, restrict, or in any way reduce the ability of a member state to
20 enact and enforce laws, regulations, or other rules related to the practice of social
21 work in that state, where those laws, regulations, or other rules are not inconsistent
22 with the provisions of this Compact.
23 B. Nothing in this Compact shall affect the requirements established by a
24 member state for the issuance of a single state license.
25 C. Nothing in this Compact, nor any rule of the Commission, shall be
26 construed to limit, restrict, or in any way reduce the ability of a member state to take
27 adverse action against a licensee's single state license to practice social work in that
28 state.
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1 D. Nothing in this Compact, nor any rule of the Commission, shall be
2 construed to limit, restrict, or in any way reduce the ability of a remote state to take
3 adverse action against a licensee's multistate authorization to practice in that state.
4 E. Nothing in this Compact, nor any rule of the Commission, shall be
5 construed to limit, restrict, or in any way reduce the ability of a licensee's home state
6 to take adverse action against a licensee's multistate license based upon information
7 provided by a remote state.
8 SECTION 7. REISSUANCE OF A MULTISTATE LICENSE
9 BY A NEW HOME STATE
10 A. A licensee can hold a multistate license, issued by his home state, in only
11 one member state at any given time.
12 B. If a licensee changes his home state by moving between two member
13 states, all of the following provisions shall apply:
14 (1) The licensee shall immediately apply for the reissuance of his multistate
15 license in his new home state. The licensee shall pay all applicable fees and notify
16 the prior home state in accordance with the rules of the Commission.
17 (2) Upon receipt of an application to reissue a multistate license, the new
18 home state shall verify that the multistate license is active, unencumbered, and
19 eligible for reissuance in accordance with the provisions of this Compact and the
20 rules of the Commission. The multistate license issued by the prior home state will
21 be deactivated and all member states notified in accordance with the applicable rules
22 adopted by the Commission.
23 (3) Prior to the reissuance of the multistate license, the new home state shall
24 conduct procedures for considering the criminal history records of the licensee. Such
25 procedures shall include the submission of fingerprints or other biometric-based
26 information by applicants for the purpose of obtaining an applicant's criminal history
27 record information from the Federal Bureau of Investigation and the agency
28 responsible for retaining that state's criminal records.
29 (4) If required for initial licensure, the new home state may require
30 completion of jurisprudence requirements in the new home state.
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1 (5) Notwithstanding any other provision of this Compact, if a licensee does
2 not meet the requirements set forth in this Compact for the reissuance of a multistate
3 license by the new home state, then the licensee shall be subject to the new home
4 state requirements for the issuance of a single state license in that state.
5 C. If a licensee changes his primary state of residence by moving from a
6 member state to a nonmember state, or from a nonmember state to a member state,
7 then 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
10 a single state license in multiple states; however, for the purposes of this Compact,
11 a licensee shall have only one home state and only one multistate license.
12 E. Nothing in this Compact shall interfere with the requirements established
13 by a member state for the issuance of a single state license.
14 SECTION 8. MILITARY FAMILIES
15 An active military member or his spouse shall designate a home state where
16 the individual has a multistate license. The individual may retain his 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
20 have the authority, in accordance with existing state due process law, to do all of the
21 following:
22 (1) Take adverse action against a regulated social worker's multistate
23 authorization to practice only within that member state, and issue subpoenas for both
24 hearings and investigations that require the attendance and testimony of witnesses
25 as well as the production of evidence. Subpoenas issued by a licensing authority in
26 a member state for the attendance and testimony of witnesses or the production of
27 evidence from another member state shall be enforced in the latter state by any court
28 of competent jurisdiction, according to the practice and procedure of that court
29 applicable to subpoenas issued in proceedings pending before it. The issuing
30 licensing authority shall pay any witness fees, travel expenses, mileage, and other
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1 fees required by the service statutes of the state in which the witnesses or evidence
2 are located.
3 (2) Only the home state shall have the power to take adverse action against
4 a regulated social worker's multistate license.
5 B. For purposes of taking adverse action, the home state shall give the same
6 priority and effect to reported conduct received from a member state as it would if
7 the conduct had occurred within the home state. In so doing, the home state shall
8 apply its own state laws to determine appropriate action.
9 C. The home state shall complete any pending investigations of a regulated
10 social worker who changes his home state during the course of the investigations.
11 The home state shall also have the authority to take appropriate actions and shall
12 promptly report the conclusions of the investigations to the administrator of the data
13 system. The administrator of the data system shall promptly notify the new home
14 state of any adverse actions.
15 D. A member state, if otherwise permitted by state law, may recover from
16 the affected regulated social worker the costs of investigations and dispositions of
17 cases resulting from any adverse action taken against that regulated social worker.
18 E. A member state may take adverse action based on the factual findings of
19 another member state, if the member state follows its own procedures for taking the
20 adverse action.
21 F. Both of the following apply to joint investigations:
22 (1) In addition to the authority granted to a member state by its respective
23 social work practice act or other applicable state law, any member state may
24 participate with other member states in joint investigations of licensees.
25 (2) Member states shall share any investigative, litigation, or compliance
26 materials in furtherance of any joint or individual investigation initiated in
27 accordance with this Compact.
28 G. If adverse action is taken by the home state against the multistate license
29 of a regulated social worker, the regulated social worker's multistate authorization
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1 to practice in all other member states shall be deactivated until all encumbrances
2 have been removed from the multistate license. All home state disciplinary orders
3 that impose adverse action against the license of a regulated social worker shall
4 include a statement that the regulated social worker's multistate authorization to
5 practice is deactivated in all member states until all conditions of the decision, order,
6 or agreement are satisfied.
7 H. If a member state takes adverse action, it shall promptly notify the
8 administrator of the data system. The administrator of the data system shall
9 promptly notify the home state and all other member states of any adverse actions
10 by remote states.
11 I. Nothing in this Compact shall override a member state's decision that
12 participation in an alternative program may be used in lieu of adverse action.
13 J. Nothing in this Compact shall authorize a member state to demand the
14 issuance of subpoenas for attendance and testimony of witnesses or the production
15 of evidence from another member state for lawful actions within that member state.
16 K. Nothing in this Compact shall authorize a member state to impose
17 discipline against a regulated social worker who holds a multistate authorization to
18 practice for lawful actions within another member state.
19 SECTION 10. ESTABLISHMENT OF A SOCIAL WORK
20 LICENSURE COMPACT COMMI SSION
21 A. The member states of this Compact hereby create and establish a joint
22 government agency whose membership consists of all member states that have
23 enacted this Compact known as the Social Work Licensure Compact Commission.
24 The Commission shall be an instrumentality of the Compact member states acting
25 jointly and not an instrumentality of any one state. The Commission shall come into
26 existence on or after the effective date of this Compact as set forth in Section 14.
27 B. All of the following apply to membership, voting, and meetings:
28 (1) Each member state shall have and be limited to one delegate selected by
29 that member state's state licensing authority.
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1 (2) The delegate shall be either of the following:
2 (a) A current member of the state licensing authority at the time of
3 appointment, who is a regulated social worker or public member of the state
4 licensing authority.
5 (b) An administrator of the state licensing authority or his designee.
6 (3) The Commission shall by rule or bylaw establish a term of office for
7 delegates and may by rule or bylaw establish term limits.
8 (4) The Commission may recommend removal or suspension any delegate
9 from office.
10 (5) A member state's state licensing authority shall fill any vacancy of its
11 delegate occurring on the Commission within sixty days of the vacancy.
12 (6) Each delegate shall be entitled to one vote on all matters before the
13 Commission requiring a vote by Commission delegates.
14 (7) A delegate shall vote in person or by such other means as provided in the
15 bylaws. The bylaws may provide for delegates to meet by telecommunication,
16 videoconference, or other means of communication.
17 (8) The Commission shall meet at least once during each calendar year.
18 Additional meetings may be held as set forth in the bylaws. The Commission may
19 meet via telecommunication, video conference or other similar electronic means.
20 C. The Commission shall have power to do all of the following:
21 (1) Establish the fiscal year of the Commission.
22 (2) Establish code of conduct and conflict of interest policies.
23 (3) Establish and amend rules and bylaws.
24 (4) Maintain its financial records in accordance with the bylaws.
25 (5) Meet and take such actions as are consistent with the provisions of this
26 Compact, the Commission's rules, and the bylaws.
27 (6) Initiate and conclude legal proceedings or actions in the name of the
28 Commission, if the standing of any state licensing board to sue or be sued under
29 applicable law is not affected.
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1 (7) Maintain and certify records and information provided to a member state
2 as the authenticated business records of the Commission, and designate an agent to
3 do so on the Commission's behalf.
4 (8) Purchase and maintain insurance and bonds.
5 (9) Borrow, accept, or contract for services of personnel, including but not
6 limited to employees of a member state.
7 (10) Conduct an annual financial review.
8 (11) Hire employees, elect or appoint officers, fix compensation, define
9 duties, grant such individuals appropriate authority to carry out the purposes of this
10 Compact, and establish the Commission's personnel policies and programs relating
11 to conflicts of interest, qualifications of personnel, and other related personnel
12 matters.
13 (12) Assess and collect fees.
14 (13) Accept any and all appropriate gifts, donations, grants of money, other
15 sources of revenue, equipment, supplies, materials, and services, and receive, utilize,
16 and dispose of the same; if at all times the Commission avoids any appearance of
17 impropriety or conflict of interest.
18 (14) Lease, purchase, retain, own, hold, improve, or use any property, real,
19 personal, or mixed, or any undivided interest therein.
20 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
21 dispose of any property real, personal, or mixed.
22 (16) Establish a budget and make expenditures.
23 (17) Borrow money.
24 (18) Appoint committees, including standing committees, composed of
25 members, state regulators, state legislators or their representatives, and consumer
26 representatives, and such other interested persons as may be designated in this
27 Compact and the bylaws.
28 (19) Provide and receive information from, and cooperate with, law
29 enforcement agencies.
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1 (20) Establish and elect an executive committee, including a chair and a vice
2 chair.
3 (21) Determine whether a state's adopted language is materially different
4 from the model compact language such that the state would not qualify for
5 participation in this Compact.
6 (22) Perform such other functions as may be necessary or appropriate to
7 achieve the purposes of this Compact.
8 D. All of the following apply to the executive committee:
9 (1) The executive committee shall have the power to act on behalf of the
10 Commission according to the terms of this Compact. The powers, duties, and
11 responsibilities of the executive committee shall include all of the following:
12 (a) Oversee the day-to-day activities of the administration of this Compact
13 including enforcement and compliance with the provisions of this Compact, its rules
14 and bylaws, and other such duties as deemed necessary.
15 (b) Recommend to the Commission changes to the rules or bylaws, changes
16 to this Compact legislation, fees charged to Compact member states, fees charged
17 to licensees, and other fees.
18 (c) Ensure Compact administration services are appropriately provided,
19 including by contract.
20 (d) Prepare and recommend the budget.
21 (e) Maintain financial records on behalf of the Commission.
22 (f) Monitor Compact compliance of member states and provide compliance
23 reports to the Commission.
24 (g) Establish additional committees as necessary.
25 (h) Exercise the powers and duties of the Commission during the interim
26 between Commission meetings, except for adopting or amending rules, adopting or
27 amending bylaws, and exercising any other powers and duties expressly reserved to
28 the Commission by rule or bylaw.
29 (i) Engage in other duties as provided in the rules or bylaws of the
30 Commission.
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1 (2) The executive committee shall be composed of up to eleven members as
2 follows:
3 (a) The chair and vice chair of the Commission shall be voting members of
4 the executive committee.
5 (b) The Commission shall elect five voting members from the current
6 membership of the Commission.
7 (c) Up to four ex officio, nonvoting members from four recognized national
8 social work organizations.
9 (d) The ex officio members will be selected by their respective
10 organizations.
11 (3) The Commission may remove any member of the executive committee
12 as provided in the Commission's bylaws.
13 (4) The executive committee shall meet at least annually.
14 (a) Executive committee meetings shall be open to the public, except that the
15 executive committee may meet in a closed, nonpublic meeting as provided in this
16 Section.
17 (b) The executive committee shall give seven days' notice of its meetings,
18 posted on its website and as determined to provide notice to persons with an interest
19 in the business of the Commission.
20 (c) The executive committee may hold a special meeting in accordance with
21 this Section.
22 E. The Commission shall adopt and provide to the member states an annual
23 report.
24 F. All of the following apply to meetings of the Commission:
25 (1) All meetings shall be open to the public, except that the Commission may
26 meet in a closed, nonpublic meeting as provided in this Section.
27 (a) Public notice for all meetings of the full Commission of meetings shall
28 be given in the same manner as required under the rulemaking provisions in Section
29 12, except that the Commission may hold a special meeting as provided in this
30 Section.
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1 (b) The Commission may hold a special meeting when it shall meet to
2 conduct emergency business by giving notice forty-eight hours in advance to all
3 commissioners, on the Commission's website, and other means as provided in the
4 Commission's rules. The Commission's legal counsel shall certify that the
5 Commission's need to meet qualifies as an emergency.
6 (2) The Commission or the executive committee or other committees of the
7 Commission may convene in a closed, nonpublic meeting for the Commission or
8 executive committee or other committees of the Commission to receive legal advice
9 or to discuss any of the following:
10 (a) Noncompliance of a member state with its obligations under the
11 Compact.
12 (b) The employment, compensation, discipline or other matters, practices or
13 procedures related to specific employees.
14 (c) Current or threatened discipline of a licensee by the Commission or by
15 a member state's licensing authority.
16 (d) Current, threatened, or reasonably anticipated litigation.
17 (e) Negotiation of contracts for the purchase, lease, or sale of goods,
18 services, or real estate.
19 (f) Accusation of any person of a crime or formally censuring any person.
20 (g) Trade secrets or commercial or financial information that is privileged
21 or confidential.
22 (h) Information of a personal nature where disclosure would constitute a
23 clearly unwarranted invasion of personal privacy.
24 (i) Investigative records compiled for law enforcement purposes.
25 (j) Information related to any investigative reports prepared by or on behalf
26 of or for use of the Commission or other committee charged with responsibility of
27 investigation or determination of compliance issues pursuant to this Compact.
28 (k) Matters specifically exempted from disclosure by federal or member state
29 law.
30 (l) Other matters as promulgated by the Commission by rule.
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1 (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall
2 state that the meeting will be closed and reference each relevant exempting
3 provision, and such reference shall be recorded in the minutes.
4 (4) The Commission shall keep minutes that fully and clearly describe all
5 matters discussed in a meeting and shall provide a full and accurate summary of
6 actions taken, and the reasons therefore, including a description of the views
7 expressed. All documents considered in connection with an action shall be identified
8 in such minutes. All minutes and documents of a closed meeting shall remain under
9 seal, subject to release only by a majority vote of the Commission or order of a court
10 of competent jurisdiction.
11 G. All of the following apply for financing the Commission:
12 (1) The Commission shall pay, or provide for the payment of, the reasonable
13 expenses of its establishment, organization, and ongoing activities.
14 (2) The Commission may accept any and all appropriate revenue sources as
15 provided in this Section.
16 (3) The Commission may levy on and collect an annual assessment from
17 each member state and impose fees on licensees of member states to whom it grants
18 a multistate license to cover the cost of the operations and activities of the
19 Commission and its staff, which shall be in a total amount sufficient to cover its
20 annual budget as approved each year for which revenue is not provided by other
21 sources. The aggregate annual assessment amount for member states shall be
22 allocated based upon a formula that the Commission shall promulgate by rule.
23 (4) The Commission shall not incur obligations of any kind prior to securing
24 the funds adequate to meet the same nor shall the Commission pledge the credit of
25 any of the member states, except by and with the authority of the member state.
26 (5) The Commission shall keep accurate accounts of all receipts and
27 disbursements. The receipts and disbursements of the Commission shall be subject
28 to the financial review and accounting procedures established under its bylaws.
29 However, all receipts and disbursements of funds handled by the Commission shall
30 be subject to an annual financial review by a certified or licensed public accountant,
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1 and the report of the financial review shall be included in and become part of the
2 annual report of the Commission.
3 H. All of the following apply to qualified immunity, defense, and
4 indemnification:
5 (1) The members, officers, executive director, employees and representatives
6 of the Commission shall be immune from suit and liability, both personally and in
7 their official capacity, for any claim for damage to or loss of property or personal
8 injury or other civil liability caused by or arising out of any actual or alleged act,
9 error, or omission that occurred, or that the person against whom the claim is made
10 had a reasonable basis for believing occurred within the scope of Commission
11 employment, duties or responsibilities; if nothing in this Paragraph is construed to
12 protect any such person from suit or liability for any damage, loss, injury, or liability
13 caused by the intentional or willful or wanton misconduct of that person. The
14 procurement of insurance of any type by the Commission shall not in any way
15 compromise or limit the immunity granted hereunder.
16 (2) The Commission shall defend any member, officer, executive director,
17 employee, and representative of the Commission in any civil action seeking to
18 impose liability arising out of any actual or alleged act, error, or omission that
19 occurred within the scope of Commission employment, duties, or responsibilities,
20 or as determined by the Commission that the person against whom the claim is made
21 had a reasonable basis for believing occurred within the scope of Commission
22 employment, duties, or responsibilities; if nothing herein is construed to prohibit that
23 person from retaining his own counsel at his own expense; and if the actual or
24 alleged act, error, or omission did not result from that person's intentional or willful
25 or wanton misconduct.
26 (3) The Commission shall indemnify and hold harmless any member, officer,
27 executive director, employee, and representative of the Commission for the amount
28 of any settlement or judgment obtained against that person arising out of any actual
29 or alleged act, error, or omission that occurred within the scope of Commission
30 employment, duties, or responsibilities, or that such person had a reasonable basis
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1 for believing occurred within the scope of Commission employment, duties, or
2 responsibilities, if the actual or alleged act, error, or omission did not result from the
3 intentional or willful or wanton misconduct of that person.
4 (4) Nothing herein shall be construed as a limitation on the liability of any
5 licensee for professional malpractice or misconduct, which shall be governed solely
6 by any other applicable state laws.
7 (5) Nothing in this Compact shall be interpreted to waive or otherwise
8 abrogate a member state's state action immunity or state action affirmative defense
9 with respect to antitrust claims under the Sherman Antitrust Act of 1890, Clayton
10 Antitrust Act of 1914, or any other state or federal antitrust or anticompetitive law
11 or regulation.
12 (6) Nothing in this Compact shall be construed to be a waiver of sovereign
13 immunity by the member states or by the Commission.
14 SECTION 11. DATA SYSTEM
15 A. The Commission shall provide for the development, maintenance,
16 operation, and utilization of a coordinated data system.
17 B. The Commission shall assign each applicant for a multistate license a
18 unique identifier, as determined by the rules of the Commission.
19 C. Notwithstanding any other provision of state law to the contrary, a
20 member state shall submit a uniform data set to the data system on all individuals to
21 whom this Compact is applicable as required by the rules of the Commission,
22 including all of the following:
23 (1) Identifying information.
24 (2) Licensure data.
25 (3) Adverse actions against a license and information related thereto.
26 (4) Nonconfidential information related to alternative program participation,
27 the beginning and ending dates of such participation, and other information related
28 to such participation not made confidential under member state law.
29 (5) Any denial of application for licensure, and the reasons for such denial.
30 (6) The presence of current significant investigative information.
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1 (7) Other information that may facilitate the administration of this Compact
2 or the protection of the public, as determined by the rules of the Commission.
3 D. The records and information provided to a member state in accordance
4 with this Compact or through the data system, when certified by the Commission or
5 an agent thereof, shall constitute the authenticated business records of the
6 Commission, and shall be entitled to any associated hearsay exception in any
7 relevant judicial, quasi judicial or administrative proceedings in a member state.
8 E.(1) Current significant investigative information pertaining to a licensee
9 in any member state will be available only to other member states.
10 (2) It is the responsibility of the member states to report any adverse action
11 against a licensee and to monitor the database to determine whether adverse action
12 has been taken against a licensee. Adverse action information pertaining to a
13 licensee in any member state will be available to any other member state.
14 F. Member states contributing information to the data system may designate
15 information that may not be shared with the public without the express permission
16 of the contributing state.
17 G. Any information submitted to the data system that is subsequently
18 expunged pursuant to federal law or the laws of the member state contributing the
19 information shall be removed from the data system.
20 SECTION 12. RULEMAKING
21 A. The Commission shall promulgate reasonable rules in order to effectively
22 and efficiently implement and administer the purposes and provisions of this
23 Compact. A rule shall be invalid and have no force or effect only if a court of
24 competent jurisdiction holds that the rule is invalid because the Commission
25 exercised its rulemaking authority in a manner that is beyond the scope and purposes
26 of this Compact, or the powers granted hereunder, or based upon another applicable
27 standard of review.
28 B. The rules of the Commission shall have the force of law in each member
29 state, provided, however, that where the rules of the Commission conflict with the
30 laws of the member state that establish the member state's laws, regulations, and
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1 applicable standards that govern the practice of social work as held by a court of
2 competent jurisdiction, the rules of the Commission shall be ineffective in that state
3 to the extent of the conflict.
4 C. The Commission shall exercise its rulemaking powers pursuant to the
5 criteria set forth in this Section and the rules adopted thereunder. Rules shall become
6 binding on the day following adoption or the date specified in the rule or
7 amendment, whichever is later.
8 D. If a majority of the member state legislatures reject a rule, or portion of
9 a rule, by enactment of a statute or resolution in the same manner used to adopt this
10 Compact within four years of the date of adoption of the rule, then such rule shall
11 have no further force and effect in any member state.
12 E. Rules shall be adopted at a regular or special meeting of the Commission.
13 F. Prior to adoption of a proposed rule, the Commission shall hold a public
14 hearing and allow persons to provide oral and written comments, data, facts,
15 opinions, and arguments.
16 G. Prior to adoption of a proposed rule by the Commission, and at least thirty
17 days in advance of the meeting at which the Commission will hold a public hearing
18 on the proposed rule, the Commission shall provide a notice of proposed rulemaking
19 that meets all of the following criteria:
20 (1) On the website of the Commission or other publicly accessible platform.
21 (2) To persons who have requested notice of the Commission's notices of
22 proposed rulemaking.
23 (3) In such other ways as the Commission may by rule specify.
24 H. The notice of proposed rulemaking shall include all of the following:
25 (1) The time, date, and location of the public hearing at which the
26 Commission will hear public comments on the proposed rule and, if different, the
27 time, date, and location of the meeting where the Commission will consider and vote
28 on the proposed rule.
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1 (2) If the hearing is held via telecommunication, video conference, or other
2 electronic means, the Commission shall include the mechanism for access to the
3 hearing in the notice of proposed rulemaking.
4 (3) The text of the proposed rule and the reason therefor.
5 (4) A request for comments on the proposed rule from any interested person.
6 (5) The manner in which interested persons may submit written comments.
7 I. All hearings will be recorded. A copy of the recording and all written
8 comments and documents received by the Commission in response to the proposed
9 rule shall be available to the public.
10 J. Nothing in this Section shall be construed as requiring a separate hearing
11 on each rule. Rules may be grouped for the convenience of the Commission at
12 hearings required by this Section.
13 K. The Commission shall, by majority vote of all members, take final action
14 on the proposed rule based on the rulemaking record and the full text of the rule.
15 (1) The Commission may adopt changes to the proposed rule if the changes
16 do not enlarge the original purpose of the proposed rule.
17 (2) The Commission shall provide an explanation of the reasons for
18 substantive changes made to the proposed rule as well as reasons for substantive
19 changes not made that were recommended by commenters.
20 (3) The Commission shall determine a reasonable effective date for the rule.
21 Except for an emergency as provided in this Section, the effective date of the rule
22 shall be no sooner than thirty days after issuing the notice that it adopted or amended
23 the rule.
24 L. Upon determination that an emergency exists, the Commission may
25 consider and adopt an emergency rule with notice forty-eight hours in advance, with
26 opportunity to comment, if the usual rulemaking procedures provided in this
27 Compact and in this Section are retroactively applied to the rule as soon as
28 reasonably possible, in no event later than ninety days after the effective date of the
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1 rule. For the purposes of this provision, an emergency rule is one that shall be
2 adopted immediately in order to do the following:
3 (1) Meet an imminent threat to public health, safety, or welfare.
4 (2) Prevent a loss of Commission or member state funds.
5 (3) Meet a deadline for the promulgation of a rule that is established by
6 federal law or rule.
7 (4) Protect public health and safety.
8 M. The Commission or an authorized committee of the Commission may
9 direct revisions to a previously adopted rule for purposes of correcting typographical
10 errors, errors in format, errors in consistency, or grammatical errors. Public notice
11 of any revisions shall be posted on the website of the Commission. The revision
12 shall be subject to challenge by any person for a period of thirty days after posting.
13 The revision may be challenged only on grounds that the revision results in a
14 material change to a rule. A challenge shall be made in writing and delivered to the
15 Commission prior to the end of the notice period. If no challenge is made, the
16 revision will take effect without further action. If the revision is challenged, the
17 revision may not take effect without the approval of the Commission.
18 N. No member state's rulemaking requirements shall apply in accordance
19 with this Compact.
20 SECTION 13. OVERSIGHT, DISPUTE RESOLUTION,
21 AND ENFORCEMENT
22 A. All of the following apply to oversight:
23 (1) The executive and judicial branches of state government in each member
24 state shall enforce this Compact and take all actions necessary and appropriate to
25 implement this Compact.
26 (2) Except as otherwise provided in this Compact, venue is proper and
27 judicial proceedings by or against the Commission shall be brought solely and
28 exclusively in a court of competent jurisdiction where the principal office of the
29 Commission is located. The Commission may waive venue and jurisdictional
30 defenses to the extent it adopts or consents to participate in alternative dispute
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1 resolution proceedings. Nothing herein shall affect or limit the selection or propriety
2 of venue in any action against a licensee for professional malpractice, misconduct
3 or any such similar matter.
4 (3) The Commission shall be entitled to receive service of process in any
5 proceeding regarding the enforcement or interpretation of this Compact and shall
6 have standing to intervene in such a proceeding for all purposes. Failure to provide
7 the Commission service of process shall render a judgment or order void as to the
8 Commission, this Compact, or promulgated rules.
9 B. All of the following apply to default, technical assistance, and
10 termination:
11 (1) If the Commission determines that a member state has defaulted in the
12 performance of its obligations or responsibilities in accordance with this Compact
13 or the promulgated rules, the Commission shall provide written notice to the
14 defaulting state. The notice of default shall describe the default, the proposed means
15 of curing the default, and any other action that the Commission may take, and shall
16 offer training and specific technical assistance regarding the default.
17 (2) The Commission shall provide a copy of the notice of default to the other
18 member states.
19 C. If a state in default fails to cure the default, the defaulting state may be
20 terminated from this Compact upon an affirmative vote of a majority of the delegates
21 of the member states, and all rights, privileges and benefits conferred on that state
22 by this Compact may be terminated on the effective date of termination. A cure of
23 the default does not relieve the offending state of obligations or liabilities incurred
24 during the period of default.
25 D. Termination of membership in this Compact shall be imposed only after
26 all other means of securing compliance have been exhausted. Notice of intent to
27 suspend or terminate shall be given by the Commission to the governor, the majority
28 and minority leaders of the defaulting state's legislature, the defaulting state's state
29 licensing authority and each of the member states' state licensing authority.
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1 E. A state that has been terminated is responsible for all assessments,
2 obligations, and liabilities incurred through the effective date of termination,
3 including obligations that extend beyond the effective date of termination.
4 F. Upon the termination of a state's membership from this Compact, that
5 state shall immediately provide notice to all licensees within that state of such
6 termination. The terminated state shall continue to recognize all licenses granted
7 pursuant to this Compact for a minimum of six months after the date of the notice
8 of termination.
9 G. The Commission shall not bear any costs related to a state that is found
10 to be in default or that has been terminated from this Compact, unless agreed upon
11 in writing between the Commission and the defaulting state.
12 H. The defaulting state may appeal the action of the Commission by
13 petitioning the United States District Court for the District of Columbia or the federal
14 district where the Commission has its principal offices. The prevailing party shall
15 be awarded all costs of such litigation, including reasonable attorney's fees.
16 I. All of the following apply to dispute resolution:
17 (1) Upon request by a member state, the Commission shall attempt to resolve
18 disputes related to this Compact that arise among member states and between
19 member and nonmember states.
20 (2) The Commission shall promulgate a rule providing for both mediation
21 and binding dispute resolution for disputes as appropriate.
22 J. All of the following apply to enforcement:
23 (1) By majority vote as provided by rule, the Commission may initiate legal
24 action against a member state in default in the United States District Court for the
25 District of Columbia or the federal district where the Commission has its principal
26 offices to enforce compliance with the provisions of this Compact and its
27 promulgated rules. The relief sought may include both injunctive relief and
28 damages. In the event judicial enforcement is necessary, the prevailing party shall
29 be awarded all costs of such litigation, including reasonable attorney's fees. The
30 remedies herein shall not be the exclusive remedies of the Commission. The
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1 Commission may pursue any other remedies available under federal or the defaulting
2 member state's law.
3 (2) A member state may initiate legal action against the Commission in the
4 United States District Court for the District of Columbia or the federal district where
5 the Commission has its principal offices to enforce compliance with the provisions
6 of this Compact and its promulgated rules. The relief sought may include both
7 injunctive relief and damages. In the event judicial enforcement is necessary, the
8 prevailing party shall be awarded all costs of such litigation, including reasonable
9 attorney's fees.
10 (3) No person other than a member state shall enforce this Compact against
11 the Commission.
12 SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
13 A. This Compact shall come into effect on the date on which the Compact
14 statute is enacted into law in the seventh member state.
15 (1) On or after the effective date of this Compact, the Commission shall
16 convene and review the enactment of each of the first seven member states, "charter
17 member states", to determine if the statute enacted by each such charter member
18 state is materially different than the model Compact statute.
19 (a) A charter member state whose enactment is found to be materially
20 different from the model Compact statute shall be entitled to the default process set
21 forth in Section 13.
22 (b) If any member state is later found to be in default, or is terminated or
23 withdraws from this Compact, the Commission shall remain in existence and this
24 Compact shall remain in effect even if the number of member states should be less
25 than seven.
26 (2) Member states enacting this Compact subsequent to the seven initial
27 charter member states shall be subject to the process set forth in Section 10(C)(21)
28 to determine if their enactments are materially different from the model Compact
29 statute and whether they qualify for participation in this Compact.
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1 (3) All actions taken for the benefit of the Commission or in furtherance of
2 the purposes of the administration of this Compact prior to the effective date of this
3 Compact or the Commission coming into existence shall be considered to be actions
4 of the Commission unless specifically repudiated by the Commission.
5 (4) Any state that joins this Compact subsequent to the Commission's initial
6 adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist
7 on the date on which this Compact becomes law in that state. Any rule that has been
8 previously adopted by the Commission shall have the full force and effect of law on
9 the day this Compact becomes law in that state.
10 B. Any member state may withdraw from this Compact by enacting a statute
11 repealing the same.
12 (1) A member state's withdrawal shall not take effect until one hundred
13 eighty days after enactment of the repealing statute.
14 (2) Withdrawal shall not affect the continuing requirement of the
15 withdrawing state's licensing authority to comply with the investigative and adverse
16 action reporting requirements of this Compact prior to the effective date of
17 withdrawal.
18 (3) Upon the enactment of a statute withdrawing from this Compact, a state
19 shall immediately provide notice of such withdrawal to all licensees within that state.
20 Notwithstanding any subsequent statutory enactment to the contrary, such
21 withdrawing state shall continue to recognize all licenses granted pursuant to this
22 compact for a minimum of one hundred eighty days after the date of such notice of
23 withdrawal.
24 C. Nothing contained in this Compact shall be construed to invalidate or
25 prevent any licensure agreement or other cooperative arrangement between a
26 member state and a nonmember state that does not conflict with the provisions of
27 this Compact.
28 D. This Compact may be amended by the member states. No amendment
29 to this Compact shall become effective and binding upon any member state until it
30 is enacted into the laws of all member states.
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1 SECTION 15. CONSTRUCTION AND SEVERABILITY
2 A. This Compact and the Commission's rulemaking authority shall be
3 liberally construed so as to effectuate the purposes, and the implementation and
4 administration of this Compact. Provisions of this Compact expressly authorizing
5 or requiring the promulgation of rules shall not be construed to limit the
6 Commission's rulemaking authority solely for those purposes.
7 B. The provisions of this Compact shall be severable and if any phrase,
8 clause, sentence or provision of this Compact is held by a court of competent
9 jurisdiction to be contrary to the constitution of any member state, a state seeking
10 participation in this Compact, or of the United States, or the applicability thereof to
11 any government, agency, person or circumstance is held to be unconstitutional by a
12 court of competent jurisdiction, the validity of the remainder of this Compact and the
13 applicability thereof to any other government, agency, person or circumstance shall
14 not be affected thereby.
15 C. Notwithstanding Subsection B of this Section, the Commission may deny
16 a state's participation in this Compact or, in accordance with the requirements of
17 Section 13(B), terminate a member state's participation in this Compact, if it
18 determines that a constitutional requirement of a member state is a material departure
19 from this Compact. Otherwise, if this Compact shall be held to be contrary to the
20 constitution of any member state, this Compact shall remain in full force and effect
21 as to the remaining member states and in full force and effect as to the member state
22 affected as to all severable matters.
23 SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH
24 OTHER STATE LAWS
25 A. A licensee providing services in a remote state under a multistate
26 authorization to practice shall adhere to the laws and regulations, including laws,
27 regulations, and applicable standards, of the remote state where the client is located
28 at the time care is rendered.
29 B. Nothing herein shall prevent or inhibit the enforcement of any other law
30 of a member state that is not inconsistent with this Compact.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 888 ENROLLED
1 C. Any laws, statutes, regulations, or other legal requirements in a member
2 state in conflict with this Compact are superseded to the extent of the conflict.
3 D. All permissible agreements between the Commission and the member
4 states are binding in accordance with their terms.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.