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HOUSE DOCKET, NO. 2460 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 380
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kenneth I. Gordon and James J. O'Day
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing the social work licensure compact in Massachusetts.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/16/2025Danillo A. Sena37th Middlesex2/10/2025Samantha Montaño15th Suffolk2/10/2025Estela A. Reyes4th Essex2/10/2025Brian W. Murray10th Worcester2/10/2025Steven Owens29th Middlesex2/10/2025James C. Arena-DeRosa8th Middlesex2/19/2025Chynah Tyler7th Suffolk2/19/2025Carmine Lawrence Gentile13th Middlesex2/19/2025Russell E. Holmes6th Suffolk2/19/2025 1 of 40
HOUSE DOCKET, NO. 2460 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 380
By Representatives Gordon of Bedford and O'Day of West Boylston, a petition (accompanied by
bill, House, No. 380) of Kenneth I. Gordon, Danillo A. Sena and others for legislation to
establish a social work licensure compact. Consumer Protection and Professional Licensure.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act establishing the social work licensure compact in Massachusetts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting after Section 137 the following Section:-
3 Section 137A. Social Work Licensure Compact
4 Section 1. The purpose of this compact is to facilitate interstate practice of regulated
5social workers by improving public access to competent social work services. The compact
6preserves the regulatory authority of states to protect public health and safety through the current
7system of state licensure. This compact is designed to achieve the following objectives:
8 (a) increase public access to social work services;
9 (b) reduce overly burdensome and duplicative requirements associated with holding
10multiple licenses;
11 (c) enhance the member states’ ability to protect the public’s health and safety; 2 of 40
12 (d) encourage the cooperation of member states in regulating multistate practice;
13 (e) promote mobility and address workforce shortages by eliminating the necessity for
14licenses in multiple states by providing for the mutual recognition of other member state
15licenses;
16 (f) support military families;
17 (g) facilitate the exchange of licensure and disciplinary information among member
18states;
19 (h) authorize all member states to hold a regulated social worker accountable for abiding
20by a member state’s laws, regulations, and applicable professional standards in the member state
21in which the client is located at the time care is rendered; and
22 (i) allow for the use of telehealth to facilitate increased access to regulated social work
23services.
24 Section 2. As used in this chapter, unless the context requires otherwise, the following
25words shall have the following meanings:
26 (a) “Active military member”, any individual with full-time duty status in the active
27armed forces of the United States including members of the National Guard and Reserve.
28 (b) “Adverse action”, any administrative, civil, equitable or criminal action permitted by
29a state’s laws which is imposed by a licensing authority or other authority against a regulated
30social worker, including actions against an individual’s license or multistate authorization to
31practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the 3 of 40
32licensee’s practice, or any other encumbrance on licensure affecting a regulated social worker’s
33authorization to practice, including issuance of a cease and desist action.
34 (c) “Alternative program”, a non-disciplinary monitoring or practice remediation process
35approved by a licensing authority to address practitioners with an impairment.
36 (d) “Charter member states”, member states who have enacted legislation to adopt this
37compact where such legislation predates the effective date of this compact as described in section
3814.
39 (e) “Compact Commission” or “Commission”, the government agency whose
40membership consists of all states that have enacted this compact, which is known as the Social
41Work Licensure Compact Commission, as described in section 10, and which shall operate as an
42instrumentality of the member states.
43 (f) “Current significant investigative information”,:
44 (1) investigative information that a licensing authority, after a preliminary inquiry that
45includes notification and an opportunity for the regulated social worker to respond has reason to
46believe is not groundless and, if proved true, would indicate more than a minor infraction as may
47be defined by the commission; or
48 (2) investigative information that indicates that the regulated social worker represents an
49immediate threat to public health and safety, as may be defined by the commission, regardless of
50whether the regulated social worker has been notified and has had an opportunity to respond.
51 (g) “Data system”, a repository of information about licensees, including, continuing
52education, examination, licensure, current significant investigative information, disqualifying 4 of 40
53event, multistate license(s) and adverse action information or other information as required by
54the commission.
55 (h) “Disqualifying event”, any adverse action or incident which results in an
56encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a
57multistate license.
58 (i) “Domicile”, the jurisdiction in which the licensee resides and intends to remain
59indefinitely.
60 (j) “Encumbrance”, a revocation or suspension of, or any limitation on, the full and
61unrestricted practice of social work licensed and regulated by a licensing authority.
62 (k) “Executive committee”, a group of delegates elected or appointed to act on behalf of,
63and within the powers granted to them by, the compact and commission.
64 (l) “Home state”, the member state that is the licensee’s primary domicile.
65 (m) “Impairment”, a condition(s) that may impair a practitioner’s ability to engage in full
66and unrestricted practice as a regulated social worker without some type of intervention and may
67include alcohol and drug dependence, mental health impairment, and neurological or physical
68impairments.
69 (n) “Licensee(s)”, an individual who currently holds a license from a state to practice as a
70regulated social worker.
71 (o) “Licensing authority”, the board or agency of a member state, or equivalent, that is
72responsible for the licensing and regulation of regulated social workers. 5 of 40
73 (p) “Member state”, a state, commonwealth, district, or territory of the United States of
74America that has enacted this compact.
75 (q) “Multistate authorization to practice”, a legally authorized privilege to practice, which
76is equivalent to a license, associated with a multistate license permitting the practice of social
77work in a remote state.
78 (r) “Multistate license”, a license to practice as a regulated social worker issued by a
79home state licensing authority that authorizes the regulated social worker to practice in all
80member states under multistate authorization to practice.
81 (s) “Qualifying national exam”, a national licensing examination approved by the
82commission.
83 (t) “Regulated social worker”, any clinical, master’s or bachelor’s social worker licensed
84by a member state regardless of the title used by that member state.
85 (u) “Remote state”, a member state other than the licensee’s home state.
86 (v) “Rule(s)” or “Rule(s) of the commission”, a regulation or regulations duly
87promulgated by the commission, as authorized by the compact, that has the force of law.
88 (w) “Single state license”, a social work license issued by any state that authorizes
89practice only within the issuing state and does not include multistate authorization to practice in
90any member state.
91 (x) “Social work” or “Social work services”, the application of social work theory,
92knowledge, methods, ethics, and the professional use of self to restore or enhance social,
93psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, 6 of 40
94organizations, and communities through the care and services provided by a regulated social
95worker as set forth in the member state’s statutes and regulations in the state where the services
96are being provided.
97 (y) “State”, any state, commonwealth, district, or territory of the United States of
98America that regulates the practice of social work.
99 (z) “Unencumbered license”, a license that authorizes a regulated social worker to engage
100in the full and unrestricted practice of social work.
101 Section 3. (a) To be eligible to participate in the compact, a potential member state must
102currently meet all of the following criteria:
103 (1) license and regulate the practice of social work at either the clinical, master’s, or
104bachelor’s category.
105 (2) require applicants for licensure to graduate from a program that is:
106 (i) operated by a college or university recognized by the licensing authority;
107 (ii) accredited, or in candidacy by an institution that subsequently becomes accredited, by
108an accrediting agency recognized by either:
109 (A) the Council for Higher Education Accreditation, or its successor; or
110 (B) the United States Department of Education; and
111 (iii) corresponds to the licensure sought as outlined in section (4).
112 (3) require applicants for clinical licensure to complete a period of supervised practice. 7 of 40
113 (4) have a mechanism in place for receiving, investigating, and adjudicating complaints
114about licensees.
115 (b) To maintain membership in the compact a member state shall:
116 (1) require that applicants for a multistate license pass a qualifying national exam for the
117corresponding category of multistate license sought as outlined in section (4);
118 (2) participate fully in the commission’s data system, including using the commission’s
119unique identifier as defined in rules;
120 (3) notify the commission, in compliance with the terms of the compact and rules, of any
121adverse action or the availability of current significant investigative information regarding a
122licensee;
123 (4) implement procedures for considering the criminal history records of applicants for a
124multistate license. Such procedures shall include the submission of fingerprints or other
125biometric-based information by applicants for the purpose of obtaining an applicant’s criminal
126history record information from the Federal Bureau of Investigation and the agency responsible
127for retaining that state’s criminal records.
128 (5) comply with the rules of the commission;
129 (6) require an applicant to obtain or retain a license in the home state and meet the home
130state’s qualifications for licensure or renewal of licensure, as well as all other applicable home
131state laws;
132 (7) authorize a licensee holding a multistate license in any member state to practice in
133accordance with the terms of the compact and rules of the commission; and 8 of 40
134 (8) designate a delegate to participate in the commission meetings.
135 (c) A member state meeting the requirements of subsections (a) and (b) of section (3) of
136this compact shall designate the categories of social work licensure that are eligible for issuance
137of a multistate license for applicants in such member state. To the extent that any member state
138does not meet the requirements for participation in the compact at any particular category of
139social work licensure, such member state may choose, but is not obligated to, issue a multistate
140license to applicants that otherwise meet the requirements of section (4) for issuance of a
141multistate license in such category or categories of licensure.
142 (d) The home state may charge a fee for granting the multistate license.
143 Section 4. (a) To be eligible for a multistate license under the terms and provisions of the
144compact, an applicant, regardless of category must:
145 (1) hold or be eligible for an active, unencumbered license in the home state;
146 (2) pay any applicable fees, including any state fee, for the multistate license;
147 (3) submit, in connection with an application for a multistate license, fingerprints or other
148biometric data for the purpose of obtaining criminal history record information from the Federal
149Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
150 (4) notify the home state of any adverse action, encumbrance, or restriction on any
151professional license taken by any member state or non-member state within 30 days from the
152date the action is taken.
153 (5) meet any continuing competence requirements established by the home state; 9 of 40
154 (6) abide by the laws, regulations, and applicable standards in the member state where the
155client is located at the time care is rendered.
156 (b) An applicant for a clinical-category multistate license must meet all of the following
157requirements:
158 (1) fulfill a competency requirement, which shall be satisfied by either:
159 (i) passage of a clinical-category qualifying national exam; or
160 (ii) licensure of the applicant in their home state at the clinical category, beginning prior
161to such time as a qualifying national exam was required by the home state and accompanied by a
162period of continuous social work licensure thereafter, all of which may be further governed by
163the rules of the commission; or
164 (iii) the substantial equivalency of the foregoing competency requirements which the
165commission may determine by rule.
166 (2) attain at least a master’s degree in social work from a program that is:
167 (i) operated by a college or university recognized by the licensing authority; and
168 (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
169agency recognized by either:
170 (A) the Council for Higher Education Accreditation or its successor; or
171 (B) the United States Department of Education. 10 of 40
172 (3) fulfill a practice requirement, which shall be satisfied by demonstrating completion of
173either:
174 (i) a period of postgraduate supervised clinical practice equal to a minimum of three
175thousand hours; or
176 (ii) a minimum of two years of full-time postgraduate supervised clinical practice; or
177 (ii) the substantial equivalency of the foregoing practice requirements which the
178commission may determine by rule.
179 (c) An applicant for a master’s-category multistate license must meet all of the following
180requirements:
181 (1) fulfill a competency requirement, which shall be satisfied by either:
182 (i) passage of a masters-category qualifying national exam;
183 (ii) licensure of the applicant in their home state at the master’s category, beginning prior
184to such time as a qualifying national exam was required by the home state at the master’s
185category and accompanied by a continuous period of social work licensure thereafter, all of
186which may be further governed by the rules of the commission; or
187 (iii) the substantial equivalency of the foregoing competency requirements which the
188commission may determine by rule.
189 (2) attain at least a master’s degree in social work from a program that is:
190 (i) operated by a college or university recognized by the licensing authority; and 11 of 40
191 (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
192agency recognized by either:
193 (A) the Council for Higher Education Accreditation or its successor; or
194 (B) the United States Department of Education.
195 (d) An applicant for a bachelor’s-category multistate license must meet all of the
196following requirements:
197 (1) fulfill a competency requirement, which shall be satisfied by either:
198 (i) passage of a bachelor’s-category qualifying national exam;
199 (ii) licensure of the applicant in their home state at the bachelor’s category, beginning
200prior to such time as a qualifying national exam was required by the home state and accompanied
201by a period of continuous social work licensure thereafter, all of which may be further governed
202by the rules of the commission; or
203 (iii) the substantial equivalency of the foregoing competency requirements which the
204commission may determine by rule.
205 (2) attain at least a bachelor’s degree in social work from a program that is:
206 (i) operated by a college or university recognized by the licensing authority; and
207 (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
208agency recognized by either:
209 (A) the Council for Higher Education Accreditation or its successor; or 12 of 40
210 (B) the United States Department of Education.
211 (e) The multistate license for a regulated social worker is subject to the renewal
212requirements of the home state. The regulated social worker must maintain compliance with the
213requirements of subsection (a) of section (4) to be eligible to renew a multistate license.
214 (f) The regulated social worker’s services in a remote state are subject to that member
215state’s regulatory authority. A remote state may, in accordance with due process and that
216member state’s laws, remove a regulated social worker’s multistate authorization to practice in
217the remote state for a specific period of time, impose fines, and take any other necessary actions
218to protect the health and safety of its citizens.
219 (g) If a multistate license is encumbered, the regulated social worker’s multistate
220authorization to practice shall be deactivated in all remote states until the multistate license is no
221longer encumbered.
222 (h) If a multistate authorization to practice is encumbered in a remote state, the regulated
223social worker’s multistate authorization to practice may be deactivated in that state until the
224multistate authorization to practice is no longer encumbered.
225 Section 5. (a) Upon receipt of an application for multistate license, the home state
226licensing authority shall determine the applicant’s eligibility for a multistate license in
227accordance with section (4) of this compact.
228 (b) If such applicant is eligible pursuant to section (4) of this compact, the home state
229licensing authority shall issue a multistate license that authorizes the applicant or regulated social
230worker to practice in all member states under a multistate authorization to practice. 13 of 40
231 (c) Upon issuance of a multistate license, the home state licensing authority shall
232designate whether the regulated social worker holds a multistate license in the bachelors,
233masters, or clinical category of social work.
234 (d) A multistate license issued by a home state to a resident in that state shall be
235recognized by all compact member states as authorizing social work practice under a multistate
236authorization to practice corresponding to each category of licensure regulated in each member
237state.
238 Section 6. (a) Nothing in this compact, nor any rule of the commission, shall be construed
239to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws,
240regulations, or other rules related to the practice of social work in that state, where those laws,
241regulations, or other rules are not inconsistent with the provisions of this compact.
242 (b) Nothing in this compact shall affect the requirements established by a member state
243for the issuance of a single state license.
244 (c) Nothing in this compact, nor any rule of the commission, shall be construed to limit,
245restrict, or in any way reduce the ability of a member state to take adverse action against a
246licensee’s single state license to practice social work in that state.
247 (d) Nothing in this compact, nor any rule of the commission, shall be construed to limit,
248restrict, or in any way reduce the ability of a remote state to take adverse action against a
249licensee’s multistate authorization to practice in that state. 14 of 40
250 (e) Nothing in this compact, nor any rule of the commission, shall be construed to limit,
251restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against
252a licensee’s multistate license based upon information provided by a remote state.
253 Section 7. (a) A licensee can hold a multistate license, issued by their home state, in only
254one member state at any given time.
255 (b) If a licensee changes their home state by moving between two member states:
256 (1) the licensee shall immediately apply for the reissuance of their multistate license in
257their new home state. The licensee shall pay all applicable fees and notify the prior home state in
258accordance with the rules of the commission.
259 (2) upon receipt of an application to reissue a multistate license, the new home state shall
260verify that the multistate license is active, unencumbered and eligible for reissuance under the
261terms of the compact and the rules of the commission. The multistate license issued by the prior
262home state will be deactivated and all member states notified in accordance with the applicable
263rules adopted by the commission.
264 (3) prior to the reissuance of the multistate license, the new home state shall conduct
265procedures for considering the criminal history records of the licensee. Such procedures shall
266include the submission of fingerprints or other biometric-based information by applicants for the
267purpose of obtaining an applicant’s criminal history record information from the Federal Bureau
268of Investigation and the agency responsible for retaining that state’s criminal records.
269 (4) if required for initial licensure, the new home state may require completion of
270jurisprudence requirements in the new home state. 15 of 40
271 (5) notwithstanding any other provision of this compact, if a licensee does not meet the
272requirements set forth in this compact for the reissuance of a multistate license by the new home
273state, then the licensee shall be subject to the new home state requirements for the issuance of a
274single state license in that state.
275 (c) If a licensee changes their primary state of residence by moving from a member state
276to a non-member state, or from a non-member state to a member state, then the licensee shall be
277subject to the state requirements for the issuance of a single state license in the new home state.
278 (d) Nothing in this compact shall interfere with a licensee’s ability to hold a single state
279license in multiple states; however, for the purposes of this compact, a licensee shall have only
280one home state, and only one multistate license.
281 (e) Nothing in this compact shall interfere with the requirements established by a member
282state for the issuance of a single state license.
283 Section 8. (a) An active military member or their spouse shall designate a home state
284where the individual has a multistate license. The individual may retain their home state
285designation during the period the service member is on active duty.
286 Section 9. (a) In addition to the other powers conferred by state law, a remote state shall
287have the authority, in accordance with existing state due process law, to:
288 (1) take adverse action against a regulated social worker’s multistate authorization to
289practice only within that member state, and issue subpoenas for both hearings and investigations
290that require the attendance and testimony of witnesses as well as the production of evidence.
291Subpoenas issued by a licensing authority in a member state for the attendance and testimony of 16 of 40
292witnesses or the production of evidence from another member state shall be enforced in the latter
293state by any court of competent jurisdiction, according to the practice and procedure of that court
294applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority
295shall pay any witness fees, travel expenses, mileage, and other fees required by the service
296statutes of the state in which the witnesses or evidence are located.
297 (2) only the home state shall have the power to take adverse action against a regulated
298social worker’s multistate license.
299 (b) For purposes of taking adverse action, the home state shall give the same priority and
300effect to reported conduct received from a member state as it would if the conduct had occurred
301within the home state. In so doing, the home state shall apply its own state laws to determine
302appropriate action.
303 (c) The home state shall complete any pending investigations of a regulated social worker
304who changes their home state during the course of the investigations. The home state shall also
305have the authority to take appropriate action(s) and shall promptly report the conclusions of the
306investigations to the administrator of the data system. The administrator of the data system shall
307promptly notify the new home state of any adverse actions.
308 (d) A member state, if otherwise permitted by state law, may recover from the affected
309regulated social worker the costs of investigations and dispositions of cases resulting from any
310adverse action taken against that regulated social worker.
311 (e) A member state may take adverse action based on the factual findings of another
312member state, provided that the member state follows its own procedures for taking the adverse
313action. 17 of 40
314 (f) (1) In addition to the authority granted to a member state by its respective social work
315practice act or other applicable state law, any member state may participate with other member
316states in joint investigations of licensees.
317 (2) Member states shall share any investigative, litigation, or compliance materials in
318furtherance of any joint or individual investigation initiated under the compact.
319 (g) If adverse action is taken by the home state against the multistate license of a
320regulated social worker, the regulated social worker’s multistate authorization to practice in all
321other member states shall be deactivated until all encumbrances have been removed from the
322multistate license. All home state disciplinary orders that impose adverse action against the
323license of a regulated social worker shall include a statement that the regulated social worker’s
324multistate authorization to practice is deactivated in all member states until all conditions of the
325decision, order or agreement are satisfied.
326 (h) If a member state takes adverse action, it shall promptly notify the administrator of
327the data system. The administrator of the data system shall promptly notify the home state and all
328other member state’s of any adverse actions by remote states.
329 (i) Nothing in this compact shall override a member state’s decision that participation in
330an alternative program may be used in lieu of adverse action.
331 (j) Nothing in this compact shall authorize a member state to demand the issuance of
332subpoenas for attendance and testimony of witnesses or the production of evidence from another
333member state for lawful actions within that member state. 18 of 40
334 (k) Nothing in this compact shall authorize a member state to impose discipline against a
335regulated social worker who holds a multistate authorization to practice for lawful actions within
336another member state.
337 Section 10. (a) The compact member states hereby create and establish a joint
338government agency whose membership consists of all member states that have enacted the
339compact known as the social work licensure compact commission. The commission is an
340instrumentality of the compact states acting jointly and not an instrumentality of any one state.
341The commission shall come into existence on or after the effective date of the compact as set
342forth in section (14).
343 (b) (1) Each member state shall have and be limited to one (1) delegate selected by that
344member state’s state licensing authority.
345 (2) The delegate shall be either:
346 (i) a current member of the state licensing authority at the time of appointment, who is a
347regulated social worker or public member of the state licensing authority; or
348 (ii) an administrator of the state licensing authority or their designee.
349 (3) The commission shall by rule or bylaw establish a term of office for delegates and
350may by rule or bylaw establish term limits.
351 (4) The commission may recommend removal or suspension of any delegate from office.
352 (5) A member state’s state licensing authority shall fill any vacancy of its delegate
353occurring on the commission within 60 days of the vacancy. 19 of 40
354 (6) Each delegate shall be entitled to one vote on all matters before the commission
355requiring a vote by commission delegates.
356 (7) A delegate shall vote in person or by such other means as provided in the bylaws. The
357bylaws may provide for delegates to meet by telecommunication, videoconference, or other
358means of communication.
359 (8) The commission shall meet at least once during each calendar year. Additional
360meetings may be held as set forth in the bylaws. The commission may meet by
361telecommunication, video conference or other similar electronic means.
362 (c) The commission shall have the following powers:
363 (1) establish the fiscal year of the commission;
364 (2) establish code of conduct and conflict of interest policies;
365 (3) establish and amend rules and bylaws;
366 (4) maintain its financial records in accordance with the bylaws;
367 (5) meet and take such actions as are consistent with the provisions of this compact, the
368commission’s rules, and the bylaws;
369 (6) initiate and conclude legal proceedings or actions in the name of the commission,
370provided that the standing of any state licensing Board to sue or be sued under applicable law
371shall not be affected; 20 of 40
372 (7) maintain and certify records and information provided to a member state as the
373authenticated business records of the commission, and designate an agent to do so on the
374commission's behalf;
375 (8) purchase and maintain insurance and bonds;
376 (9) borrow, accept, or contract for services of personnel, including, but not limited to,
377employees of a member state;
378 (10) conduct an annual financial review
379 (11) hire employees, elect or appoint officers, fix compensation, define duties, grant such
380individuals appropriate authority to carry out the purposes of the compact, and establish the
381commission’s personnel policies and programs relating to conflicts of interest, qualifications of
382personnel, and other related personnel matters;
383 (12) assess and collect fees;
384 (13) accept any and all appropriate gifts, donations, grants of money, other sources of
385revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the
386same; provided that at all times the commission shall avoid any appearance of impropriety or
387conflict of interest;
388 (14) lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
389mixed, or any undivided interest therein;
390 (15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
391any property real, personal, or mixed; 21 of 40
392 (16) establish a budget and make expenditures;
393 (17) borrow money;
394 (18) appoint committees, including standing committees, composed of members, state
395regulators, state legislators or their representatives, and consumer representatives, and such other
396interested persons as may be designated in this compact and the bylaws;
397 (19) provide and receive information from, and cooperate with, law enforcement
398agencies;
399 (20) establish and elect an executive committee, including a chair and a vice chair;
400 (21) determine whether a state’s adopted language is materially different from the model
401compact language such that the state would not qualify for participation in the compact; and
402 (22) perform such other functions as may be necessary or appropriate to achieve the
403purposes of this compact.
404 (d)(1) The executive committee shall have the power to act on behalf of the commission
405according to the terms of this compact. The powers, duties, and responsibilities of the executive
406committee shall include:
407 (i) oversee the day-to-day activities of the administration of the compact including
408enforcement and compliance with the provisions of the compact, its rules and bylaws, and other
409such duties as deemed necessary; 22 of 40
410 (ii) recommend to the commission changes to the rules or bylaws, changes to this
411compact legislation, fees charged to compact member states, fees charged to licensees, and other
412fees;
413 (iii) ensure compact administration services are appropriately provided, including by
414contract;
415 (iv) prepare and recommend the budget;
416 (v) maintain financial records on behalf of the commission;
417 (vi) monitor compact compliance of member states and provide compliance reports to the
418commission;
419 (vii) establish additional committees as necessary;
420 (viii) exercise the powers and duties of the commission during the interim between
421commission meetings, except for adopting or amending rules, adopting or amending bylaws, and
422exercising any other powers and duties expressly reserved to the commission by rule or bylaw;
423and
424 (ix) other duties as provided in the rules or bylaws of the commission.
425 (2) The executive committee shall be composed of up to eleven (11) members:
426 (i) the chair and vice chair of the commission shall be voting members of the executive
427committee; and
428 (ii) the commission shall elect five voting members from the current membership of the
429commission. 23 of 40
430 (iii) up to four (4) ex-officio, nonvoting members from four (4) recognized national social
431work organizations.
432 (iv) the ex-officio members will be selected by their respective organizations.
433 (3) The commission may remove any member of the executive committee as provided in
434the commission’s bylaws.
435 (4) The executive committee shall meet at least annually.
436 (i) Executive committee meetings shall be open to the public, except that the executive
437committee may meet in a closed, non-public meeting as provided in subsection (2) of section (f)
438below.
439 (ii) The executive committee shall give seven (7) days’ notice of its meetings, posted on
440its website and as determined to provide notice to persons with an interest in the business of the
441commission.
442 (iii) The executive committee may hold a special meeting in accordance with subsection
443(ii) or subsection (1) of section (f) below.
444 (e) The commission shall adopt and provide to the member states an annual report.
445 (f)(1) All meetings shall be open to the public, except that the commission may meet in a
446closed, non-public meeting as provided in subsection (2) of section (f).
447 (i) Public notice for all meetings of the full commission of meetings shall be given in the
448same manner as required under the rulemaking provisions in section (12), except that the 24 of 40
449commission may hold a special meeting as provided in subsection (ii) of subsection (1) of
450section (f).
451 (ii) The commission may hold a special meeting when it must meet to conduct emergency
452business by giving 48 hours’ notice to all commissioners, on the commission’s website, and
453other means as provided in the commission’s rules. The commission’s legal counsel shall certify
454that the commission’s need to meet qualifies as an emergency.
455 (2) The commission or the executive committee or other committees of the commission
456may convene in a closed, non-public meeting for the commission or executive committee or
457other committees of the commission to receive legal advice or to discuss:
458 (i) non-compliance of a member state with its obligations under the compact;
459 (ii) the employment, compensation, discipline or other matters, practices or procedures
460related to specific employees;
461 (iii) current or threatened discipline of a licensee by the commission or by a member
462state’s licensing authority;
463 (iv) current, threatened, or reasonably anticipated litigation;
464 (v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
465estate;
466 (vi) accusing any person of a crime or formally censuring any person;
467 (vii) trade secrets or commercial or financial information that is privileged or
468confidential; 25 of 40
469 (viii) information of a personal nature where disclosure would constitute a clearly
470unwarranted invasion of personal privacy;
471 (ix) investigative records compiled for law enforcement purposes;
472 (x) information related to any investigative reports prepared by or on behalf of or for use
473of the commission or other committee charged with responsibility of investigation or
474determination of compliance issues pursuant to the compact;
475 (xi) matters specifically exempted from disclosure by federal or member state law; or
476 (xii) other matters as promulgated by the commission by rule.
477 (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the
478meeting will be closed and reference each relevant exempting provision, and such reference shall
479be recorded in the minutes.
480 (4) The commission shall keep minutes that fully and clearly describe all matters
481discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
482reasons therefore, including a description of the views expressed. All documents considered in
483connection with an action shall be identified in such minutes. All minutes and documents of a
484closed meeting shall remain under seal, subject to release only by a majority vote of the
485commission or order of a court of competent jurisdiction.
486 (g)(1) The commission shall pay, or provide for the payment of, the reasonable expenses
487of its establishment, organization, and ongoing activities.
488 (2) The commission may accept any and all appropriate revenue sources as provided in
489subsection (13) of section (c). 26 of 40
490 (3) The commission may levy on and collect an annual assessment from each member
491state and impose fees on licensees of member states to whom it grants a multistate license to
492cover the cost of the operations and activities of the commission and its staff, which must be in a
493total amount sufficient to cover its annual budget as approved each year for which revenue is not
494provided by other sources. The aggregate annual assessment amount for member states shall be
495allocated based upon a formula that the commission shall promulgate by rule.
496 (4) The commission shall not incur obligations of any kind prior to securing the funds
497adequate to meet the same; nor shall the commission pledge the credit of any of the member
498states, except by and with the authority of the member state.
499 (5) The commission shall keep accurate accounts of all receipts and disbursements. The
500receipts and disbursements of the commission shall be subject to the financial review and
501accounting procedures established under its bylaws. However, all receipts and disbursements of
502funds handled by the commission shall be subject to an annual financial review by a certified or
503licensed public accountant, and the report of the financial review shall be included in and
504become part of the annual report of the commission.
505 (h)(1) The members, officers, executive director, employees and representatives of the
506commission shall be immune from suit and liability, both personally and in their official
507capacity, for any claim for damage to or loss of property or personal injury or other civil liability
508caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the
509person against whom the claim is made had a reasonable basis for believing occurred within the
510scope of commission employment, duties or responsibilities; provided that nothing in this
511paragraph shall be construed to protect any such person from suit or liability for any damage, 27 of 40
512loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
513The procurement of insurance of any type by the commission shall not in any way compromise
514or limit the immunity granted hereunder.
515 (2) The commission shall defend any member, officer, executive director, employee, and
516representative of the commission in any civil action seeking to impose liability arising out of any
517actual or alleged act, error, or omission that occurred within the scope of commission
518employment, duties, or responsibilities, or as determined by the commission that the person
519against whom the claim is made had a reasonable basis for believing occurred within the scope
520of commission employment, duties, or responsibilities; provided that nothing herein shall be
521construed to prohibit that person from retaining their own counsel at their own expense; and
522provided further, that the actual or alleged act, error, or omission did not result from that
523person’s intentional or willful or wanton misconduct.
524 (3) The commission shall indemnify and hold harmless any member, officer, executive
525director, employee, and representative of the commission for the amount of any settlement or
526judgment obtained against that person arising out of any actual or alleged act, error, or omission
527that occurred within the scope of commission employment, duties, or responsibilities, or that
528such person had a reasonable basis for believing occurred within the scope of commission
529employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
530did not result from the intentional or willful or wanton misconduct of that person.
531 (4) Nothing herein shall be construed as a limitation on the liability of any licensee for
532professional malpractice or misconduct, which shall be governed solely by any other applicable
533state laws. 28 of 40
534 (5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member
535state’s state action immunity or state action affirmative defense with respect to antitrust claims
536under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law
537or regulation.
538 (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by
539the member states or by the commission.
540 Section 11. (a) The commission shall provide for the development, maintenance,
541operation, and utilization of a coordinated data system.
542 (b) The commission shall assign each applicant for a multistate license a unique
543identifier, as determined by the rules of the commission.
544 (c) Notwithstanding any other provision of state law to the contrary, a member state shall
545submit a uniform data set to the data system on all individuals to whom this compact is
546applicable as required by the rules of the commission, including:
547 (1) identifying information;
548 (2) licensure data;
549 (3) adverse actions against a license and information related thereto;
550 (4) non-confidential information related to alternative program participation, the
551beginning and ending dates of such participation, and other information related to such
552participation not made confidential under member state law;
553 (5) any denial of application for licensure, and the reason(s) for such denial; 29 of 40
554 (6) the presence of current significant investigative information; and
555 (7) other information that may facilitate the administration of this compact or the
556protection of the public, as determined by the rules of the commission.
557 (d) The records and information provided to a member state pursuant to this compact or
558through the data system, when certified by the commission or an agent thereof, shall constitute
559the authenticated business records of the commission, and shall be entitled to any associated
560hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a
561member state.
562 (e) Current significant investigative information pertaining to a licensee in any member
563state will only be available to other member states.
564 (1) It is the responsibility of the member states to report any adverse action against a
565licensee and to monitor the database to determine whether adverse action has been taken against
566a licensee. Adverse action information pertaining to a licensee in any member state will be
567available to any other member state.
568 (f) Member states contributing information to the data system may designate information
569that may not be shared with the public without the express permission of the contributing state.
570 (g) Any information submitted to the data system that is subsequently expunged pursuant
571to federal law or the laws of the member state contributing the information shall be removed
572from the data system.
573 Section 12. (a) The commission shall promulgate reasonable rules in order to effectively
574and efficiently implement and administer the purposes and provisions of the compact. A rule 30 of 40
575shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the
576rule is invalid because the commission exercised its rulemaking authority in a manner that is
577beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon
578another applicable standard of review.
579 (b) The rules of the commission shall have the force of law in each member state,
580provided however that where the rules of the commission conflict with the laws of the member
581state that establish the member state’s laws, regulations, and applicable standards that govern the
582practice of social work as held by a court of competent jurisdiction, the rules of the commission
583shall be ineffective in that state to the extent of the conflict.
584 (c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth
585in this section and the rules adopted thereunder. Rules shall become binding on the day following
586adoption or the date specified in the rule or amendment, whichever is later.
587 (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule,
588by enactment of a statute or resolution in the same manner used to adopt the compact within four
589(4) years of the date of adoption of the rule, then such rule shall have no further force and effect
590in any member state.
591 (e) Rules shall be adopted at a regular or special meeting of the commission.
592 (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and
593allow persons to provide oral and written comments, data, facts, opinions, and arguments. 31 of 40
594 (g) Prior to adoption of a proposed rule by the commission, and at least thirty (30) days in
595advance of the meeting at which the commission will hold a public hearing on the proposed rule,
596the commission shall provide a notice of proposed rulemaking:
597 (1) on the website of the commission or other publicly accessible platform;
598 (2) to persons who have requested notice of the commission’s notices of proposed
599rulemaking, and
600 (3) in such other way(s) as the commission may by rule specify.
601 (h) The notice of proposed rulemaking shall include:
602 (1) the time, date, and location of the public hearing at which the commission will hear
603public comments on the proposed rule and, if different, the time, date, and location of the
604meeting where the commission will consider and vote on the proposed rule;
605 (2) if the hearing is held via telecommunication, video conference, or other electronic
606means, the commission shall include the mechanism for access to the hearing in the notice of
607proposed rulemaking;
608 (3) the text of the proposed rule and the reason therefor;
609 (4) a request for comments on the proposed rule from any interested person; and
610 (5) the manner in which interested persons may submit written comments.
611 (i) All hearings will be recorded. A copy of the recording and all written comments and
612documents received by the commission in response to the proposed rule shall be available to the
613public. 32 of 40
614 (j) Nothing in this section shall be construed as requiring a separate hearing on each rule.
615Rules may be grouped for the convenience of the commission at hearings required by this
616section.
617 (k) The commission shall, by majority vote of all members, take final action on the
618proposed rule based on the rulemaking record and the full text of the rule.
619 (1) The commission may adopt changes to the proposed rule provided the changes do not
620enlarge the original purpose of the proposed rule.
621 (2) The commission shall provide an explanation of the reasons for substantive changes
622made to the proposed rule as well as reasons for substantive changes not made that were
623recommended by commenters.
624 (3) The commission shall determine a reasonable effective date for the rule. Except for an
625emergency as provided in subsection (12) of section (l), the effective date of the rule shall be no
626sooner than 30 days after issuing the notice that it adopted or amended the rule.
627 (l) Upon determination that an emergency exists, the commission may consider and adopt
628an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual
629rulemaking procedures provided in the compact and in this section shall be retroactively applied
630to the rule as soon as reasonably possible, in no event later than ninety (90) days after the
631effective date of the rule. For the purposes of this provision, an emergency rule is one that must
632be adopted immediately in order to:
633 (1) meet an imminent threat to public health, safety, or welfare;
634 (2) prevent a loss of commission or member state funds; 33 of 40
635 (3) meet a deadline for the promulgation of a rule that is established by federal law or
636rule; or
637 (4) protect public health and safety.
638 (m) The commission or an authorized committee of the commission may direct revisions
639to a previously adopted rule for purposes of correcting typographical errors, errors in format,
640errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the
641website of the commission. The revision shall be subject to challenge by any person for a period
642of thirty (30) days after posting. The revision may be challenged only on grounds that the
643revision results in a material change to a rule. A challenge shall be made in writing and delivered
644to the commission prior to the end of the notice period. If no challenge is made, the revision will
645take effect without further action. If the revision is challenged, the revision may not take effect
646without the approval of the commission.
647 (n) No member state’s rulemaking requirements shall apply under this compact.
648 Section 13. (a)(1) The executive and judicial branches of state government in each
649member state shall enforce this compact and take all actions necessary and appropriate to
650implement the compact.
651 (2) Except as otherwise provided in this compact, venue is proper and judicial
652proceedings by or against the commission shall be brought solely and exclusively in a court of
653competent jurisdiction where the principal office of the commission is located. The commission
654may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in
655alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or 34 of 40
656propriety of venue in any action against a licensee for professional malpractice, misconduct or
657any such similar matter.
658 (3) The commission shall be entitled to receive service of process in any proceeding
659regarding the enforcement or interpretation of the compact and shall have standing to intervene
660in such a proceeding for all purposes. Failure to provide the commission service of process shall
661render a judgment or order void as to the commission, this compact, or promulgated rules.
662 (b)(1) If the commission determines that a member state has defaulted in the performance
663of its obligations or responsibilities under this compact or the promulgated rules, the commission
664shall provide written notice to the defaulting state. The notice of default shall describe the
665default, the proposed means of curing the default, and any other action that the commission may
666take, and shall offer training and specific technical assistance regarding the default.
667 (2) The commission shall provide a copy of the notice of default to the other member
668states.
669 (c) If a state in default fails to cure the default, the defaulting state may be terminated
670from the compact upon an affirmative vote of a majority of the delegates of the member states,
671and all rights, privileges and benefits conferred on that state by this compact may be terminated
672on the effective date of termination. A cure of the default does not relieve the offending state of
673obligations or liabilities incurred during the period of default.
674 (d) Termination of membership in the compact shall be imposed only after all other
675means of securing compliance have been exhausted. Notice of intent to suspend or terminate
676shall be given by the commission to the governor, the majority and minority leaders of the 35 of 40
677defaulting state’s legislature, the defaulting state’s state licensing authority and each of the
678member states’ state licensing authority.
679 (e) A state that has been terminated is responsible for all assessments, obligations, and
680liabilities incurred through the effective date of termination, including obligations that extend
681beyond the effective date of termination.
682 (f) Upon the termination of a state’s membership from this compact, that state shall
683immediately provide notice to all licensees within that state of such termination. The terminated
684state shall continue to recognize all licenses granted pursuant to this compact for a minimum of
685six (6) months after the date of said notice of termination.
686 (g) The commission shall not bear any costs related to a state that is found to be in default
687or that has been terminated from the compact, unless agreed upon in writing between the
688commission and the defaulting state.
689 (h) The defaulting state may appeal the action of the commission by petitioning the U.S.
690District Court for the District of Columbia or the federal district where the commission has its
691principal offices. The prevailing party shall be awarded all costs of such litigation, including
692reasonable attorney’s fees.
693 (i)(1) Upon request by a member state, the commission shall attempt to resolve disputes
694related to the compact that arise among member states and between member and non-member
695states.
696 (2) The commission shall promulgate a rule providing for both mediation and binding
697dispute resolution for disputes as appropriate. 36 of 40
698 (j)(1) By majority vote as provided by rule, the commission may initiate legal action
699against a member state in default in the United States District Court for the District of Columbia
700or the federal district where the commission has its principal offices to enforce compliance with
701the provisions of the compact and its promulgated rules. The relief sought may include both
702injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party
703shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies
704herein shall not be the exclusive remedies of the commission. The commission may pursue any
705other remedies available under federal or the defaulting member state’s law.
706 (2) A member state may initiate legal action against the commission in the U.S. District
707Court for the District of Columbia or the federal district where the commission has its principal
708offices to enforce compliance with the provisions of the compact and its promulgated rules. The
709relief sought may include both injunctive relief and damages. In the event judicial enforcement is
710necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable
711attorney’s fees.
712 (3) No person other than a member state shall enforce this compact against the
713commission.
714 Section 14. (a) The compact shall come into effect on the date on which the compact
715statute is enacted into law in the seventh member state.
716 (1) On or after the effective date of the compact, the commission shall convene and
717review the enactment of each of the first seven member states (“charter member states”) to
718determine if the statute enacted by each such charter member state is materially different than the
719model compact statute. 37 of 40
720 (i) A charter member state whose enactment is found to be materially different from the
721model compact statute shall be entitled to the default process set forth in section (13).
722 (ii) If any member state is later found to be in default, or is terminated or withdraws from
723the compact, the commission shall remain in existence and the compact shall remain in effect
724even if the number of member states should be less than seven.
725 (2) Member states enacting the compact subsequent to the seven initial charter member
726states shall be subject to the process set forth in subsection (21) of subsection (c) of section 10 to
727determine if their enactments are materially different from the model compact statute and
728whether they qualify for participation in the compact.
729 (3) All actions taken for the benefit of the commission or in furtherance of the purposes
730of the administration of the compact prior to the effective date of the compact or the commission
731coming into existence shall be considered to be actions of the commission unless specifically
732repudiated by the commission.
733 (4) Any state that joins the compact subsequent to the commission’s initial adoption of
734the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which
735the compact becomes law in that state. Any rule that has been previously adopted by the
736commission shall have the full force and effect of law on the day the compact becomes law in
737that state.
738 (b) Any member state may withdraw from this compact by enacting a statute repealing
739the same. 38 of 40
740 (1) A member state’s withdrawal shall not take effect until 180 days after enactment of
741the repealing statute.
742 (2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s
743licensing authority to comply with the investigative and adverse action reporting requirements of
744this compact prior to the effective date of withdrawal.
745 (3) Upon the enactment of a statute withdrawing from this compact, a state shall
746immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding
747any subsequent statutory enactment to the contrary, such withdrawing state shall continue to
748recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date
749of such notice of withdrawal.
750 (c) Nothing contained in this compact shall be construed to invalidate or prevent any
751licensure agreement or other cooperative arrangement between a member state and a non-
752member state that does not conflict with the provisions of this compact.
753 (d) This compact may be amended by the member states. No amendment to this compact
754shall become effective and binding upon any member state until it is enacted into the laws of all
755member states.
756 Section 15. (a) This compact and the commission’s rulemaking authority shall be
757liberally construed so as to effectuate the purposes, and the implementation and administration of
758the compact. Provisions of the compact expressly authorizing or requiring the promulgation of
759rules shall not be construed to limit the commission’s rulemaking authority solely for those
760purposes. 39 of 40
761 (b) The provisions of this compact shall be severable and if any phrase, clause, sentence
762or provision of this compact is held by a court of competent jurisdiction to be contrary to the
763constitution of any member state, a state seeking participation in the compact, or of the United
764States, or the applicability thereof to any government, agency, person or circumstance is held to
765be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this
766compact and the applicability thereof to any other government, agency, person or circumstance
767shall not be affected thereby.
768 (c) Notwithstanding subsection B of this section, the commission may deny a state’s
769participation in the compact or, in accordance with the requirements of subsection (b) of section
770(13), terminate a member state’s participation in the compact, if it determines that a
771constitutional requirement of a member state is a material departure from the compact.
772Otherwise, if this compact shall be held to be contrary to the constitution of any member state,
773the compact shall remain in full force and effect as to the remaining member states and in full
774force and effect as to the member state affected as to all severable matters.
775 Section 16. (a) A licensee providing services in a remote state under a multistate
776authorization to practice shall adhere to the laws and regulations, including laws, regulations, and
777applicable standards, of the remote state where the client is located at the time care is rendered.
778 (b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member
779state that is not inconsistent with the compact.
780 (c) Any laws, statutes, regulations, or other legal requirements in a member state in
781conflict with the compact are superseded to the extent of the conflict. 40 of 40
782 (d) All permissible agreements between the commission and the member states are
783binding in accordance with their terms.