Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H380 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2460 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 380
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kenneth I. Gordon and James J. O'Day
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing the social work licensure compact in Massachusetts.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 2460 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 380
18	18	By Representatives Gordon of Bedford and O'Day of West Boylston, a petition (accompanied by
19	19	bill, House, No. 380) of Kenneth I. Gordon, Danillo A. Sena and others for legislation to
20	20	establish a social work licensure compact. Consumer Protection and Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing the social work licensure compact in Massachusetts.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2022 Official Edition,
30	30	2is hereby amended by inserting after Section 137 the following Section:-
31	31	3 Section 137A. Social Work Licensure Compact
32	32	4 Section 1. The purpose of this compact is to facilitate interstate practice of regulated
33	33	5social workers by improving public access to competent social work services. The compact
34	34	6preserves the regulatory authority of states to protect public health and safety through the current
35	35	7system of state licensure. This compact is designed to achieve the following objectives:
36	36	8 (a) increase public access to social work services;
37	37	9 (b) reduce overly burdensome and duplicative requirements associated with holding
38	38	10multiple licenses;
39	39	11 (c) enhance the member states’ ability to protect the public’s health and safety; 2 of 40
40	40	12 (d) encourage the cooperation of member states in regulating multistate practice;
41	41	13 (e) promote mobility and address workforce shortages by eliminating the necessity for
42	42	14licenses in multiple states by providing for the mutual recognition of other member state
43	43	15licenses;
44	44	16 (f) support military families;
45	45	17 (g) facilitate the exchange of licensure and disciplinary information among member
46	46	18states;
47	47	19 (h) authorize all member states to hold a regulated social worker accountable for abiding
48	48	20by a member state’s laws, regulations, and applicable professional standards in the member state
49	49	21in which the client is located at the time care is rendered; and
50	50	22 (i) allow for the use of telehealth to facilitate increased access to regulated social work
51	51	23services.
52	52	24 Section 2. As used in this chapter, unless the context requires otherwise, the following
53	53	25words shall have the following meanings:
54	54	26 (a) “Active military member”, any individual with full-time duty status in the active
55	55	27armed forces of the United States including members of the National Guard and Reserve.
56	56	28 (b) “Adverse action”, any administrative, civil, equitable or criminal action permitted by
57	57	29a state’s laws which is imposed by a licensing authority or other authority against a regulated
58	58	30social worker, including actions against an individual’s license or multistate authorization to
59	59	31practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the 3 of 40
60	60	32licensee’s practice, or any other encumbrance on licensure affecting a regulated social worker’s
61	61	33authorization to practice, including issuance of a cease and desist action.
62	62	34 (c) “Alternative program”, a non-disciplinary monitoring or practice remediation process
63	63	35approved by a licensing authority to address practitioners with an impairment.
64	64	36 (d) “Charter member states”, member states who have enacted legislation to adopt this
65	65	37compact where such legislation predates the effective date of this compact as described in section
66	66	3814.
67	67	39 (e) “Compact Commission” or “Commission”, the government agency whose
68	68	40membership consists of all states that have enacted this compact, which is known as the Social
69	69	41Work Licensure Compact Commission, as described in section 10, and which shall operate as an
70	70	42instrumentality of the member states.
71	71	43 (f) “Current significant investigative information”,:
72	72	44 (1) investigative information that a licensing authority, after a preliminary inquiry that
73	73	45includes notification and an opportunity for the regulated social worker to respond has reason to
74	74	46believe is not groundless and, if proved true, would indicate more than a minor infraction as may
75	75	47be defined by the commission; or
76	76	48 (2) investigative information that indicates that the regulated social worker represents an
77	77	49immediate threat to public health and safety, as may be defined by the commission, regardless of
78	78	50whether the regulated social worker has been notified and has had an opportunity to respond.
79	79	51 (g) “Data system”, a repository of information about licensees, including, continuing
80	80	52education, examination, licensure, current significant investigative information, disqualifying 4 of 40
81	81	53event, multistate license(s) and adverse action information or other information as required by
82	82	54the commission.
83	83	55 (h) “Disqualifying event”, any adverse action or incident which results in an
84	84	56encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a
85	85	57multistate license.
86	86	58 (i) “Domicile”, the jurisdiction in which the licensee resides and intends to remain
87	87	59indefinitely.
88	88	60 (j) “Encumbrance”, a revocation or suspension of, or any limitation on, the full and
89	89	61unrestricted practice of social work licensed and regulated by a licensing authority.
90	90	62 (k) “Executive committee”, a group of delegates elected or appointed to act on behalf of,
91	91	63and within the powers granted to them by, the compact and commission.
92	92	64 (l) “Home state”, the member state that is the licensee’s primary domicile.
93	93	65 (m) “Impairment”, a condition(s) that may impair a practitioner’s ability to engage in full
94	94	66and unrestricted practice as a regulated social worker without some type of intervention and may
95	95	67include alcohol and drug dependence, mental health impairment, and neurological or physical
96	96	68impairments.
97	97	69 (n) “Licensee(s)”, an individual who currently holds a license from a state to practice as a
98	98	70regulated social worker.
99	99	71 (o) “Licensing authority”, the board or agency of a member state, or equivalent, that is
100	100	72responsible for the licensing and regulation of regulated social workers. 5 of 40
101	101	73 (p) “Member state”, a state, commonwealth, district, or territory of the United States of
102	102	74America that has enacted this compact.
103	103	75 (q) “Multistate authorization to practice”, a legally authorized privilege to practice, which
104	104	76is equivalent to a license, associated with a multistate license permitting the practice of social
105	105	77work in a remote state.
106	106	78 (r) “Multistate license”, a license to practice as a regulated social worker issued by a
107	107	79home state licensing authority that authorizes the regulated social worker to practice in all
108	108	80member states under multistate authorization to practice.
109	109	81 (s) “Qualifying national exam”, a national licensing examination approved by the
110	110	82commission.
111	111	83 (t) “Regulated social worker”, any clinical, master’s or bachelor’s social worker licensed
112	112	84by a member state regardless of the title used by that member state.
113	113	85 (u) “Remote state”, a member state other than the licensee’s home state.
114	114	86 (v) “Rule(s)” or “Rule(s) of the commission”, a regulation or regulations duly
115	115	87promulgated by the commission, as authorized by the compact, that has the force of law.
116	116	88 (w) “Single state license”, a social work license issued by any state that authorizes
117	117	89practice only within the issuing state and does not include multistate authorization to practice in
118	118	90any member state.
119	119	91 (x) “Social work” or “Social work services”, the application of social work theory,
120	120	92knowledge, methods, ethics, and the professional use of self to restore or enhance social,
121	121	93psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, 6 of 40
122	122	94organizations, and communities through the care and services provided by a regulated social
123	123	95worker as set forth in the member state’s statutes and regulations in the state where the services
124	124	96are being provided.
125	125	97 (y) “State”, any state, commonwealth, district, or territory of the United States of
126	126	98America that regulates the practice of social work.
127	127	99 (z) “Unencumbered license”, a license that authorizes a regulated social worker to engage
128	128	100in the full and unrestricted practice of social work.
129	129	101 Section 3. (a) To be eligible to participate in the compact, a potential member state must
130	130	102currently meet all of the following criteria:
131	131	103 (1) license and regulate the practice of social work at either the clinical, master’s, or
132	132	104bachelor’s category.
133	133	105 (2) require applicants for licensure to graduate from a program that is:
134	134	106 (i) operated by a college or university recognized by the licensing authority;
135	135	107 (ii) accredited, or in candidacy by an institution that subsequently becomes accredited, by
136	136	108an accrediting agency recognized by either:
137	137	109 (A) the Council for Higher Education Accreditation, or its successor; or
138	138	110 (B) the United States Department of Education; and
139	139	111 (iii) corresponds to the licensure sought as outlined in section (4).
140	140	112 (3) require applicants for clinical licensure to complete a period of supervised practice. 7 of 40
141	141	113 (4) have a mechanism in place for receiving, investigating, and adjudicating complaints
142	142	114about licensees.
143	143	115 (b) To maintain membership in the compact a member state shall:
144	144	116 (1) require that applicants for a multistate license pass a qualifying national exam for the
145	145	117corresponding category of multistate license sought as outlined in section (4);
146	146	118 (2) participate fully in the commission’s data system, including using the commission’s
147	147	119unique identifier as defined in rules;
148	148	120 (3) notify the commission, in compliance with the terms of the compact and rules, of any
149	149	121adverse action or the availability of current significant investigative information regarding a
150	150	122licensee;
151	151	123 (4) implement procedures for considering the criminal history records of applicants for a
152	152	124multistate license. Such procedures shall include the submission of fingerprints or other
153	153	125biometric-based information by applicants for the purpose of obtaining an applicant’s criminal
154	154	126history record information from the Federal Bureau of Investigation and the agency responsible
155	155	127for retaining that state’s criminal records.
156	156	128 (5) comply with the rules of the commission;
157	157	129 (6) require an applicant to obtain or retain a license in the home state and meet the home
158	158	130state’s qualifications for licensure or renewal of licensure, as well as all other applicable home
159	159	131state laws;
160	160	132 (7) authorize a licensee holding a multistate license in any member state to practice in
161	161	133accordance with the terms of the compact and rules of the commission; and 8 of 40
162	162	134 (8) designate a delegate to participate in the commission meetings.
163	163	135 (c) A member state meeting the requirements of subsections (a) and (b) of section (3) of
164	164	136this compact shall designate the categories of social work licensure that are eligible for issuance
165	165	137of a multistate license for applicants in such member state. To the extent that any member state
166	166	138does not meet the requirements for participation in the compact at any particular category of
167	167	139social work licensure, such member state may choose, but is not obligated to, issue a multistate
168	168	140license to applicants that otherwise meet the requirements of section (4) for issuance of a
169	169	141multistate license in such category or categories of licensure.
170	170	142 (d) The home state may charge a fee for granting the multistate license.
171	171	143 Section 4. (a) To be eligible for a multistate license under the terms and provisions of the
172	172	144compact, an applicant, regardless of category must:
173	173	145 (1) hold or be eligible for an active, unencumbered license in the home state;
174	174	146 (2) pay any applicable fees, including any state fee, for the multistate license;
175	175	147 (3) submit, in connection with an application for a multistate license, fingerprints or other
176	176	148biometric data for the purpose of obtaining criminal history record information from the Federal
177	177	149Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
178	178	150 (4) notify the home state of any adverse action, encumbrance, or restriction on any
179	179	151professional license taken by any member state or non-member state within 30 days from the
180	180	152date the action is taken.
181	181	153 (5) meet any continuing competence requirements established by the home state; 9 of 40
182	182	154 (6) abide by the laws, regulations, and applicable standards in the member state where the
183	183	155client is located at the time care is rendered.
184	184	156 (b) An applicant for a clinical-category multistate license must meet all of the following
185	185	157requirements:
186	186	158 (1) fulfill a competency requirement, which shall be satisfied by either:
187	187	159 (i) passage of a clinical-category qualifying national exam; or
188	188	160 (ii) licensure of the applicant in their home state at the clinical category, beginning prior
189	189	161to such time as a qualifying national exam was required by the home state and accompanied by a
190	190	162period of continuous social work licensure thereafter, all of which may be further governed by
191	191	163the rules of the commission; or
192	192	164 (iii) the substantial equivalency of the foregoing competency requirements which the
193	193	165commission may determine by rule.
194	194	166 (2) attain at least a master’s degree in social work from a program that is:
195	195	167 (i) operated by a college or university recognized by the licensing authority; and
196	196	168 (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
197	197	169agency recognized by either:
198	198	170 (A) the Council for Higher Education Accreditation or its successor; or
199	199	171 (B) the United States Department of Education. 10 of 40
200	200	172 (3) fulfill a practice requirement, which shall be satisfied by demonstrating completion of
201	201	173either:
202	202	174 (i) a period of postgraduate supervised clinical practice equal to a minimum of three
203	203	175thousand hours; or
204	204	176 (ii) a minimum of two years of full-time postgraduate supervised clinical practice; or
205	205	177 (ii) the substantial equivalency of the foregoing practice requirements which the
206	206	178commission may determine by rule.
207	207	179 (c) An applicant for a master’s-category multistate license must meet all of the following
208	208	180requirements:
209	209	181 (1) fulfill a competency requirement, which shall be satisfied by either:
210	210	182 (i) passage of a masters-category qualifying national exam;
211	211	183 (ii) licensure of the applicant in their home state at the master’s category, beginning prior
212	212	184to such time as a qualifying national exam was required by the home state at the master’s
213	213	185category and accompanied by a continuous period of social work licensure thereafter, all of
214	214	186which may be further governed by the rules of the commission; or
215	215	187 (iii) the substantial equivalency of the foregoing competency requirements which the
216	216	188commission may determine by rule.
217	217	189 (2) attain at least a master’s degree in social work from a program that is:
218	218	190 (i) operated by a college or university recognized by the licensing authority; and 11 of 40
219	219	191 (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
220	220	192agency recognized by either:
221	221	193 (A) the Council for Higher Education Accreditation or its successor; or
222	222	194 (B) the United States Department of Education.
223	223	195 (d) An applicant for a bachelor’s-category multistate license must meet all of the
224	224	196following requirements:
225	225	197 (1) fulfill a competency requirement, which shall be satisfied by either:
226	226	198 (i) passage of a bachelor’s-category qualifying national exam;
227	227	199 (ii) licensure of the applicant in their home state at the bachelor’s category, beginning
228	228	200prior to such time as a qualifying national exam was required by the home state and accompanied
229	229	201by a period of continuous social work licensure thereafter, all of which may be further governed
230	230	202by the rules of the commission; or
231	231	203 (iii) the substantial equivalency of the foregoing competency requirements which the
232	232	204commission may determine by rule.
233	233	205 (2) attain at least a bachelor’s degree in social work from a program that is:
234	234	206 (i) operated by a college or university recognized by the licensing authority; and
235	235	207 (ii) accredited, or in candidacy that subsequently becomes accredited, by an accrediting
236	236	208agency recognized by either:
237	237	209 (A) the Council for Higher Education Accreditation or its successor; or 12 of 40
238	238	210 (B) the United States Department of Education.
239	239	211 (e) The multistate license for a regulated social worker is subject to the renewal
240	240	212requirements of the home state. The regulated social worker must maintain compliance with the
241	241	213requirements of subsection (a) of section (4) to be eligible to renew a multistate license.
242	242	214 (f) The regulated social worker’s services in a remote state are subject to that member
243	243	215state’s regulatory authority. A remote state may, in accordance with due process and that
244	244	216member state’s laws, remove a regulated social worker’s multistate authorization to practice in
245	245	217the remote state for a specific period of time, impose fines, and take any other necessary actions
246	246	218to protect the health and safety of its citizens.
247	247	219 (g) If a multistate license is encumbered, the regulated social worker’s multistate
248	248	220authorization to practice shall be deactivated in all remote states until the multistate license is no
249	249	221longer encumbered.
250	250	222 (h) If a multistate authorization to practice is encumbered in a remote state, the regulated
251	251	223social worker’s multistate authorization to practice may be deactivated in that state until the
252	252	224multistate authorization to practice is no longer encumbered.
253	253	225 Section 5. (a) Upon receipt of an application for multistate license, the home state
254	254	226licensing authority shall determine the applicant’s eligibility for a multistate license in
255	255	227accordance with section (4) of this compact.
256	256	228 (b) If such applicant is eligible pursuant to section (4) of this compact, the home state
257	257	229licensing authority shall issue a multistate license that authorizes the applicant or regulated social
258	258	230worker to practice in all member states under a multistate authorization to practice. 13 of 40
259	259	231 (c) Upon issuance of a multistate license, the home state licensing authority shall
260	260	232designate whether the regulated social worker holds a multistate license in the bachelors,
261	261	233masters, or clinical category of social work.
262	262	234 (d) A multistate license issued by a home state to a resident in that state shall be
263	263	235recognized by all compact member states as authorizing social work practice under a multistate
264	264	236authorization to practice corresponding to each category of licensure regulated in each member
265	265	237state.
266	266	238 Section 6. (a) Nothing in this compact, nor any rule of the commission, shall be construed
267	267	239to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws,
268	268	240regulations, or other rules related to the practice of social work in that state, where those laws,
269	269	241regulations, or other rules are not inconsistent with the provisions of this compact.
270	270	242 (b) Nothing in this compact shall affect the requirements established by a member state
271	271	243for the issuance of a single state license.
272	272	244 (c) Nothing in this compact, nor any rule of the commission, shall be construed to limit,
273	273	245restrict, or in any way reduce the ability of a member state to take adverse action against a
274	274	246licensee’s single state license to practice social work in that state.
275	275	247 (d) Nothing in this compact, nor any rule of the commission, shall be construed to limit,
276	276	248restrict, or in any way reduce the ability of a remote state to take adverse action against a
277	277	249licensee’s multistate authorization to practice in that state. 14 of 40
278	278	250 (e) Nothing in this compact, nor any rule of the commission, shall be construed to limit,
279	279	251restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against
280	280	252a licensee’s multistate license based upon information provided by a remote state.
281	281	253 Section 7. (a) A licensee can hold a multistate license, issued by their home state, in only
282	282	254one member state at any given time.
283	283	255 (b) If a licensee changes their home state by moving between two member states:
284	284	256 (1) the licensee shall immediately apply for the reissuance of their multistate license in
285	285	257their new home state. The licensee shall pay all applicable fees and notify the prior home state in
286	286	258accordance with the rules of the commission.
287	287	259 (2) upon receipt of an application to reissue a multistate license, the new home state shall
288	288	260verify that the multistate license is active, unencumbered and eligible for reissuance under the
289	289	261terms of the compact and the rules of the commission. The multistate license issued by the prior
290	290	262home state will be deactivated and all member states notified in accordance with the applicable
291	291	263rules adopted by the commission.
292	292	264 (3) prior to the reissuance of the multistate license, the new home state shall conduct
293	293	265procedures for considering the criminal history records of the licensee. Such procedures shall
294	294	266include the submission of fingerprints or other biometric-based information by applicants for the
295	295	267purpose of obtaining an applicant’s criminal history record information from the Federal Bureau
296	296	268of Investigation and the agency responsible for retaining that state’s criminal records.
297	297	269 (4) if required for initial licensure, the new home state may require completion of
298	298	270jurisprudence requirements in the new home state. 15 of 40
299	299	271 (5) notwithstanding any other provision of this compact, if a licensee does not meet the
300	300	272requirements set forth in this compact for the reissuance of a multistate license by the new home
301	301	273state, then the licensee shall be subject to the new home state requirements for the issuance of a
302	302	274single state license in that state.
303	303	275 (c) If a licensee changes their primary state of residence by moving from a member state
304	304	276to a non-member state, or from a non-member state to a member state, then the licensee shall be
305	305	277subject to the state requirements for the issuance of a single state license in the new home state.
306	306	278 (d) Nothing in this compact shall interfere with a licensee’s ability to hold a single state
307	307	279license in multiple states; however, for the purposes of this compact, a licensee shall have only
308	308	280one home state, and only one multistate license.
309	309	281 (e) Nothing in this compact shall interfere with the requirements established by a member
310	310	282state for the issuance of a single state license.
311	311	283 Section 8. (a) An active military member or their spouse shall designate a home state
312	312	284where the individual has a multistate license. The individual may retain their home state
313	313	285designation during the period the service member is on active duty.
314	314	286 Section 9. (a) In addition to the other powers conferred by state law, a remote state shall
315	315	287have the authority, in accordance with existing state due process law, to:
316	316	288 (1) take adverse action against a regulated social worker’s multistate authorization to
317	317	289practice only within that member state, and issue subpoenas for both hearings and investigations
318	318	290that require the attendance and testimony of witnesses as well as the production of evidence.
319	319	291Subpoenas issued by a licensing authority in a member state for the attendance and testimony of 16 of 40
320	320	292witnesses or the production of evidence from another member state shall be enforced in the latter
321	321	293state by any court of competent jurisdiction, according to the practice and procedure of that court
322	322	294applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority
323	323	295shall pay any witness fees, travel expenses, mileage, and other fees required by the service
324	324	296statutes of the state in which the witnesses or evidence are located.
325	325	297 (2) only the home state shall have the power to take adverse action against a regulated
326	326	298social worker’s multistate license.
327	327	299 (b) For purposes of taking adverse action, the home state shall give the same priority and
328	328	300effect to reported conduct received from a member state as it would if the conduct had occurred
329	329	301within the home state. In so doing, the home state shall apply its own state laws to determine
330	330	302appropriate action.
331	331	303 (c) The home state shall complete any pending investigations of a regulated social worker
332	332	304who changes their home state during the course of the investigations. The home state shall also
333	333	305have the authority to take appropriate action(s) and shall promptly report the conclusions of the
334	334	306investigations to the administrator of the data system. The administrator of the data system shall
335	335	307promptly notify the new home state of any adverse actions.
336	336	308 (d) A member state, if otherwise permitted by state law, may recover from the affected
337	337	309regulated social worker the costs of investigations and dispositions of cases resulting from any
338	338	310adverse action taken against that regulated social worker.
339	339	311 (e) A member state may take adverse action based on the factual findings of another
340	340	312member state, provided that the member state follows its own procedures for taking the adverse
341	341	313action. 17 of 40
342	342	314 (f) (1) In addition to the authority granted to a member state by its respective social work
343	343	315practice act or other applicable state law, any member state may participate with other member
344	344	316states in joint investigations of licensees.
345	345	317 (2) Member states shall share any investigative, litigation, or compliance materials in
346	346	318furtherance of any joint or individual investigation initiated under the compact.
347	347	319 (g) If adverse action is taken by the home state against the multistate license of a
348	348	320regulated social worker, the regulated social worker’s multistate authorization to practice in all
349	349	321other member states shall be deactivated until all encumbrances have been removed from the
350	350	322multistate license. All home state disciplinary orders that impose adverse action against the
351	351	323license of a regulated social worker shall include a statement that the regulated social worker’s
352	352	324multistate authorization to practice is deactivated in all member states until all conditions of the
353	353	325decision, order or agreement are satisfied.
354	354	326 (h) If a member state takes adverse action, it shall promptly notify the administrator of
355	355	327the data system. The administrator of the data system shall promptly notify the home state and all
356	356	328other member state’s of any adverse actions by remote states.
357	357	329 (i) Nothing in this compact shall override a member state’s decision that participation in
358	358	330an alternative program may be used in lieu of adverse action.
359	359	331 (j) Nothing in this compact shall authorize a member state to demand the issuance of
360	360	332subpoenas for attendance and testimony of witnesses or the production of evidence from another
361	361	333member state for lawful actions within that member state. 18 of 40
362	362	334 (k) Nothing in this compact shall authorize a member state to impose discipline against a
363	363	335regulated social worker who holds a multistate authorization to practice for lawful actions within
364	364	336another member state.
365	365	337 Section 10. (a) The compact member states hereby create and establish a joint
366	366	338government agency whose membership consists of all member states that have enacted the
367	367	339compact known as the social work licensure compact commission. The commission is an
368	368	340instrumentality of the compact states acting jointly and not an instrumentality of any one state.
369	369	341The commission shall come into existence on or after the effective date of the compact as set
370	370	342forth in section (14).
371	371	343 (b) (1) Each member state shall have and be limited to one (1) delegate selected by that
372	372	344member state’s state licensing authority.
373	373	345 (2) The delegate shall be either:
374	374	346 (i) a current member of the state licensing authority at the time of appointment, who is a
375	375	347regulated social worker or public member of the state licensing authority; or
376	376	348 (ii) an administrator of the state licensing authority or their designee.
377	377	349 (3) The commission shall by rule or bylaw establish a term of office for delegates and
378	378	350may by rule or bylaw establish term limits.
379	379	351 (4) The commission may recommend removal or suspension of any delegate from office.
380	380	352 (5) A member state’s state licensing authority shall fill any vacancy of its delegate
381	381	353occurring on the commission within 60 days of the vacancy. 19 of 40
382	382	354 (6) Each delegate shall be entitled to one vote on all matters before the commission
383	383	355requiring a vote by commission delegates.
384	384	356 (7) A delegate shall vote in person or by such other means as provided in the bylaws. The
385	385	357bylaws may provide for delegates to meet by telecommunication, videoconference, or other
386	386	358means of communication.
387	387	359 (8) The commission shall meet at least once during each calendar year. Additional
388	388	360meetings may be held as set forth in the bylaws. The commission may meet by
389	389	361telecommunication, video conference or other similar electronic means.
390	390	362 (c) The commission shall have the following powers:
391	391	363 (1) establish the fiscal year of the commission;
392	392	364 (2) establish code of conduct and conflict of interest policies;
393	393	365 (3) establish and amend rules and bylaws;
394	394	366 (4) maintain its financial records in accordance with the bylaws;
395	395	367 (5) meet and take such actions as are consistent with the provisions of this compact, the
396	396	368commission’s rules, and the bylaws;
397	397	369 (6) initiate and conclude legal proceedings or actions in the name of the commission,
398	398	370provided that the standing of any state licensing Board to sue or be sued under applicable law
399	399	371shall not be affected; 20 of 40
400	400	372 (7) maintain and certify records and information provided to a member state as the
401	401	373authenticated business records of the commission, and designate an agent to do so on the
402	402	374commission's behalf;
403	403	375 (8) purchase and maintain insurance and bonds;
404	404	376 (9) borrow, accept, or contract for services of personnel, including, but not limited to,
405	405	377employees of a member state;
406	406	378 (10) conduct an annual financial review
407	407	379 (11) hire employees, elect or appoint officers, fix compensation, define duties, grant such
408	408	380individuals appropriate authority to carry out the purposes of the compact, and establish the
409	409	381commission’s personnel policies and programs relating to conflicts of interest, qualifications of
410	410	382personnel, and other related personnel matters;
411	411	383 (12) assess and collect fees;
412	412	384 (13) accept any and all appropriate gifts, donations, grants of money, other sources of
413	413	385revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the
414	414	386same; provided that at all times the commission shall avoid any appearance of impropriety or
415	415	387conflict of interest;
416	416	388 (14) lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
417	417	389mixed, or any undivided interest therein;
418	418	390 (15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
419	419	391any property real, personal, or mixed; 21 of 40
420	420	392 (16) establish a budget and make expenditures;
421	421	393 (17) borrow money;
422	422	394 (18) appoint committees, including standing committees, composed of members, state
423	423	395regulators, state legislators or their representatives, and consumer representatives, and such other
424	424	396interested persons as may be designated in this compact and the bylaws;
425	425	397 (19) provide and receive information from, and cooperate with, law enforcement
426	426	398agencies;
427	427	399 (20) establish and elect an executive committee, including a chair and a vice chair;
428	428	400 (21) determine whether a state’s adopted language is materially different from the model
429	429	401compact language such that the state would not qualify for participation in the compact; and
430	430	402 (22) perform such other functions as may be necessary or appropriate to achieve the
431	431	403purposes of this compact.
432	432	404 (d)(1) The executive committee shall have the power to act on behalf of the commission
433	433	405according to the terms of this compact. The powers, duties, and responsibilities of the executive
434	434	406committee shall include:
435	435	407 (i) oversee the day-to-day activities of the administration of the compact including
436	436	408enforcement and compliance with the provisions of the compact, its rules and bylaws, and other
437	437	409such duties as deemed necessary; 22 of 40
438	438	410 (ii) recommend to the commission changes to the rules or bylaws, changes to this
439	439	411compact legislation, fees charged to compact member states, fees charged to licensees, and other
440	440	412fees;
441	441	413 (iii) ensure compact administration services are appropriately provided, including by
442	442	414contract;
443	443	415 (iv) prepare and recommend the budget;
444	444	416 (v) maintain financial records on behalf of the commission;
445	445	417 (vi) monitor compact compliance of member states and provide compliance reports to the
446	446	418commission;
447	447	419 (vii) establish additional committees as necessary;
448	448	420 (viii) exercise the powers and duties of the commission during the interim between
449	449	421commission meetings, except for adopting or amending rules, adopting or amending bylaws, and
450	450	422exercising any other powers and duties expressly reserved to the commission by rule or bylaw;
451	451	423and
452	452	424 (ix) other duties as provided in the rules or bylaws of the commission.
453	453	425 (2) The executive committee shall be composed of up to eleven (11) members:
454	454	426 (i) the chair and vice chair of the commission shall be voting members of the executive
455	455	427committee; and
456	456	428 (ii) the commission shall elect five voting members from the current membership of the
457	457	429commission. 23 of 40
458	458	430 (iii) up to four (4) ex-officio, nonvoting members from four (4) recognized national social
459	459	431work organizations.
460	460	432 (iv) the ex-officio members will be selected by their respective organizations.
461	461	433 (3) The commission may remove any member of the executive committee as provided in
462	462	434the commission’s bylaws.
463	463	435 (4) The executive committee shall meet at least annually.
464	464	436 (i) Executive committee meetings shall be open to the public, except that the executive
465	465	437committee may meet in a closed, non-public meeting as provided in subsection (2) of section (f)
466	466	438below.
467	467	439 (ii) The executive committee shall give seven (7) days’ notice of its meetings, posted on
468	468	440its website and as determined to provide notice to persons with an interest in the business of the
469	469	441commission.
470	470	442 (iii) The executive committee may hold a special meeting in accordance with subsection
471	471	443(ii) or subsection (1) of section (f) below.
472	472	444 (e) The commission shall adopt and provide to the member states an annual report.
473	473	445 (f)(1) All meetings shall be open to the public, except that the commission may meet in a
474	474	446closed, non-public meeting as provided in subsection (2) of section (f).
475	475	447 (i) Public notice for all meetings of the full commission of meetings shall be given in the
476	476	448same manner as required under the rulemaking provisions in section (12), except that the 24 of 40
477	477	449commission may hold a special meeting as provided in subsection (ii) of subsection (1) of
478	478	450section (f).
479	479	451 (ii) The commission may hold a special meeting when it must meet to conduct emergency
480	480	452business by giving 48 hours’ notice to all commissioners, on the commission’s website, and
481	481	453other means as provided in the commission’s rules. The commission’s legal counsel shall certify
482	482	454that the commission’s need to meet qualifies as an emergency.
483	483	455 (2) The commission or the executive committee or other committees of the commission
484	484	456may convene in a closed, non-public meeting for the commission or executive committee or
485	485	457other committees of the commission to receive legal advice or to discuss:
486	486	458 (i) non-compliance of a member state with its obligations under the compact;
487	487	459 (ii) the employment, compensation, discipline or other matters, practices or procedures
488	488	460related to specific employees;
489	489	461 (iii) current or threatened discipline of a licensee by the commission or by a member
490	490	462state’s licensing authority;
491	491	463 (iv) current, threatened, or reasonably anticipated litigation;
492	492	464 (v) negotiation of contracts for the purchase, lease, or sale of goods, services, or real
493	493	465estate;
494	494	466 (vi) accusing any person of a crime or formally censuring any person;
495	495	467 (vii) trade secrets or commercial or financial information that is privileged or
496	496	468confidential; 25 of 40
497	497	469 (viii) information of a personal nature where disclosure would constitute a clearly
498	498	470unwarranted invasion of personal privacy;
499	499	471 (ix) investigative records compiled for law enforcement purposes;
500	500	472 (x) information related to any investigative reports prepared by or on behalf of or for use
501	501	473of the commission or other committee charged with responsibility of investigation or
502	502	474determination of compliance issues pursuant to the compact;
503	503	475 (xi) matters specifically exempted from disclosure by federal or member state law; or
504	504	476 (xii) other matters as promulgated by the commission by rule.
505	505	477 (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the
506	506	478meeting will be closed and reference each relevant exempting provision, and such reference shall
507	507	479be recorded in the minutes.
508	508	480 (4) The commission shall keep minutes that fully and clearly describe all matters
509	509	481discussed in a meeting and shall provide a full and accurate summary of actions taken, and the
510	510	482reasons therefore, including a description of the views expressed. All documents considered in
511	511	483connection with an action shall be identified in such minutes. All minutes and documents of a
512	512	484closed meeting shall remain under seal, subject to release only by a majority vote of the
513	513	485commission or order of a court of competent jurisdiction.
514	514	486 (g)(1) The commission shall pay, or provide for the payment of, the reasonable expenses
515	515	487of its establishment, organization, and ongoing activities.
516	516	488 (2) The commission may accept any and all appropriate revenue sources as provided in
517	517	489subsection (13) of section (c). 26 of 40
518	518	490 (3) The commission may levy on and collect an annual assessment from each member
519	519	491state and impose fees on licensees of member states to whom it grants a multistate license to
520	520	492cover the cost of the operations and activities of the commission and its staff, which must be in a
521	521	493total amount sufficient to cover its annual budget as approved each year for which revenue is not
522	522	494provided by other sources. The aggregate annual assessment amount for member states shall be
523	523	495allocated based upon a formula that the commission shall promulgate by rule.
524	524	496 (4) The commission shall not incur obligations of any kind prior to securing the funds
525	525	497adequate to meet the same; nor shall the commission pledge the credit of any of the member
526	526	498states, except by and with the authority of the member state.
527	527	499 (5) The commission shall keep accurate accounts of all receipts and disbursements. The
528	528	500receipts and disbursements of the commission shall be subject to the financial review and
529	529	501accounting procedures established under its bylaws. However, all receipts and disbursements of
530	530	502funds handled by the commission shall be subject to an annual financial review by a certified or
531	531	503licensed public accountant, and the report of the financial review shall be included in and
532	532	504become part of the annual report of the commission.
533	533	505 (h)(1) The members, officers, executive director, employees and representatives of the
534	534	506commission shall be immune from suit and liability, both personally and in their official
535	535	507capacity, for any claim for damage to or loss of property or personal injury or other civil liability
536	536	508caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the
537	537	509person against whom the claim is made had a reasonable basis for believing occurred within the
538	538	510scope of commission employment, duties or responsibilities; provided that nothing in this
539	539	511paragraph shall be construed to protect any such person from suit or liability for any damage, 27 of 40
540	540	512loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
541	541	513The procurement of insurance of any type by the commission shall not in any way compromise
542	542	514or limit the immunity granted hereunder.
543	543	515 (2) The commission shall defend any member, officer, executive director, employee, and
544	544	516representative of the commission in any civil action seeking to impose liability arising out of any
545	545	517actual or alleged act, error, or omission that occurred within the scope of commission
546	546	518employment, duties, or responsibilities, or as determined by the commission that the person
547	547	519against whom the claim is made had a reasonable basis for believing occurred within the scope
548	548	520of commission employment, duties, or responsibilities; provided that nothing herein shall be
549	549	521construed to prohibit that person from retaining their own counsel at their own expense; and
550	550	522provided further, that the actual or alleged act, error, or omission did not result from that
551	551	523person’s intentional or willful or wanton misconduct.
552	552	524 (3) The commission shall indemnify and hold harmless any member, officer, executive
553	553	525director, employee, and representative of the commission for the amount of any settlement or
554	554	526judgment obtained against that person arising out of any actual or alleged act, error, or omission
555	555	527that occurred within the scope of commission employment, duties, or responsibilities, or that
556	556	528such person had a reasonable basis for believing occurred within the scope of commission
557	557	529employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
558	558	530did not result from the intentional or willful or wanton misconduct of that person.
559	559	531 (4) Nothing herein shall be construed as a limitation on the liability of any licensee for
560	560	532professional malpractice or misconduct, which shall be governed solely by any other applicable
561	561	533state laws. 28 of 40
562	562	534 (5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member
563	563	535state’s state action immunity or state action affirmative defense with respect to antitrust claims
564	564	536under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law
565	565	537or regulation.
566	566	538 (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by
567	567	539the member states or by the commission.
568	568	540 Section 11. (a) The commission shall provide for the development, maintenance,
569	569	541operation, and utilization of a coordinated data system.
570	570	542 (b) The commission shall assign each applicant for a multistate license a unique
571	571	543identifier, as determined by the rules of the commission.
572	572	544 (c) Notwithstanding any other provision of state law to the contrary, a member state shall
573	573	545submit a uniform data set to the data system on all individuals to whom this compact is
574	574	546applicable as required by the rules of the commission, including:
575	575	547 (1) identifying information;
576	576	548 (2) licensure data;
577	577	549 (3) adverse actions against a license and information related thereto;
578	578	550 (4) non-confidential information related to alternative program participation, the
579	579	551beginning and ending dates of such participation, and other information related to such
580	580	552participation not made confidential under member state law;
581	581	553 (5) any denial of application for licensure, and the reason(s) for such denial; 29 of 40
582	582	554 (6) the presence of current significant investigative information; and
583	583	555 (7) other information that may facilitate the administration of this compact or the
584	584	556protection of the public, as determined by the rules of the commission.
585	585	557 (d) The records and information provided to a member state pursuant to this compact or
586	586	558through the data system, when certified by the commission or an agent thereof, shall constitute
587	587	559the authenticated business records of the commission, and shall be entitled to any associated
588	588	560hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a
589	589	561member state.
590	590	562 (e) Current significant investigative information pertaining to a licensee in any member
591	591	563state will only be available to other member states.
592	592	564 (1) It is the responsibility of the member states to report any adverse action against a
593	593	565licensee and to monitor the database to determine whether adverse action has been taken against
594	594	566a licensee. Adverse action information pertaining to a licensee in any member state will be
595	595	567available to any other member state.
596	596	568 (f) Member states contributing information to the data system may designate information
597	597	569that may not be shared with the public without the express permission of the contributing state.
598	598	570 (g) Any information submitted to the data system that is subsequently expunged pursuant
599	599	571to federal law or the laws of the member state contributing the information shall be removed
600	600	572from the data system.
601	601	573 Section 12. (a) The commission shall promulgate reasonable rules in order to effectively
602	602	574and efficiently implement and administer the purposes and provisions of the compact. A rule 30 of 40
603	603	575shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the
604	604	576rule is invalid because the commission exercised its rulemaking authority in a manner that is
605	605	577beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon
606	606	578another applicable standard of review.
607	607	579 (b) The rules of the commission shall have the force of law in each member state,
608	608	580provided however that where the rules of the commission conflict with the laws of the member
609	609	581state that establish the member state’s laws, regulations, and applicable standards that govern the
610	610	582practice of social work as held by a court of competent jurisdiction, the rules of the commission
611	611	583shall be ineffective in that state to the extent of the conflict.
612	612	584 (c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth
613	613	585in this section and the rules adopted thereunder. Rules shall become binding on the day following
614	614	586adoption or the date specified in the rule or amendment, whichever is later.
615	615	587 (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule,
616	616	588by enactment of a statute or resolution in the same manner used to adopt the compact within four
617	617	589(4) years of the date of adoption of the rule, then such rule shall have no further force and effect
618	618	590in any member state.
619	619	591 (e) Rules shall be adopted at a regular or special meeting of the commission.
620	620	592 (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and
621	621	593allow persons to provide oral and written comments, data, facts, opinions, and arguments. 31 of 40
622	622	594 (g) Prior to adoption of a proposed rule by the commission, and at least thirty (30) days in
623	623	595advance of the meeting at which the commission will hold a public hearing on the proposed rule,
624	624	596the commission shall provide a notice of proposed rulemaking:
625	625	597 (1) on the website of the commission or other publicly accessible platform;
626	626	598 (2) to persons who have requested notice of the commission’s notices of proposed
627	627	599rulemaking, and
628	628	600 (3) in such other way(s) as the commission may by rule specify.
629	629	601 (h) The notice of proposed rulemaking shall include:
630	630	602 (1) the time, date, and location of the public hearing at which the commission will hear
631	631	603public comments on the proposed rule and, if different, the time, date, and location of the
632	632	604meeting where the commission will consider and vote on the proposed rule;
633	633	605 (2) if the hearing is held via telecommunication, video conference, or other electronic
634	634	606means, the commission shall include the mechanism for access to the hearing in the notice of
635	635	607proposed rulemaking;
636	636	608 (3) the text of the proposed rule and the reason therefor;
637	637	609 (4) a request for comments on the proposed rule from any interested person; and
638	638	610 (5) the manner in which interested persons may submit written comments.
639	639	611 (i) All hearings will be recorded. A copy of the recording and all written comments and
640	640	612documents received by the commission in response to the proposed rule shall be available to the
641	641	613public. 32 of 40
642	642	614 (j) Nothing in this section shall be construed as requiring a separate hearing on each rule.
643	643	615Rules may be grouped for the convenience of the commission at hearings required by this
644	644	616section.
645	645	617 (k) The commission shall, by majority vote of all members, take final action on the
646	646	618proposed rule based on the rulemaking record and the full text of the rule.
647	647	619 (1) The commission may adopt changes to the proposed rule provided the changes do not
648	648	620enlarge the original purpose of the proposed rule.
649	649	621 (2) The commission shall provide an explanation of the reasons for substantive changes
650	650	622made to the proposed rule as well as reasons for substantive changes not made that were
651	651	623recommended by commenters.
652	652	624 (3) The commission shall determine a reasonable effective date for the rule. Except for an
653	653	625emergency as provided in subsection (12) of section (l), the effective date of the rule shall be no
654	654	626sooner than 30 days after issuing the notice that it adopted or amended the rule.
655	655	627 (l) Upon determination that an emergency exists, the commission may consider and adopt
656	656	628an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual
657	657	629rulemaking procedures provided in the compact and in this section shall be retroactively applied
658	658	630to the rule as soon as reasonably possible, in no event later than ninety (90) days after the
659	659	631effective date of the rule. For the purposes of this provision, an emergency rule is one that must
660	660	632be adopted immediately in order to:
661	661	633 (1) meet an imminent threat to public health, safety, or welfare;
662	662	634 (2) prevent a loss of commission or member state funds; 33 of 40
663	663	635 (3) meet a deadline for the promulgation of a rule that is established by federal law or
664	664	636rule; or
665	665	637 (4) protect public health and safety.
666	666	638 (m) The commission or an authorized committee of the commission may direct revisions
667	667	639to a previously adopted rule for purposes of correcting typographical errors, errors in format,
668	668	640errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the
669	669	641website of the commission. The revision shall be subject to challenge by any person for a period
670	670	642of thirty (30) days after posting. The revision may be challenged only on grounds that the
671	671	643revision results in a material change to a rule. A challenge shall be made in writing and delivered
672	672	644to the commission prior to the end of the notice period. If no challenge is made, the revision will
673	673	645take effect without further action. If the revision is challenged, the revision may not take effect
674	674	646without the approval of the commission.
675	675	647 (n) No member state’s rulemaking requirements shall apply under this compact.
676	676	648 Section 13. (a)(1) The executive and judicial branches of state government in each
677	677	649member state shall enforce this compact and take all actions necessary and appropriate to
678	678	650implement the compact.
679	679	651 (2) Except as otherwise provided in this compact, venue is proper and judicial
680	680	652proceedings by or against the commission shall be brought solely and exclusively in a court of
681	681	653competent jurisdiction where the principal office of the commission is located. The commission
682	682	654may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in
683	683	655alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or 34 of 40
684	684	656propriety of venue in any action against a licensee for professional malpractice, misconduct or
685	685	657any such similar matter.
686	686	658 (3) The commission shall be entitled to receive service of process in any proceeding
687	687	659regarding the enforcement or interpretation of the compact and shall have standing to intervene
688	688	660in such a proceeding for all purposes. Failure to provide the commission service of process shall
689	689	661render a judgment or order void as to the commission, this compact, or promulgated rules.
690	690	662 (b)(1) If the commission determines that a member state has defaulted in the performance
691	691	663of its obligations or responsibilities under this compact or the promulgated rules, the commission
692	692	664shall provide written notice to the defaulting state. The notice of default shall describe the
693	693	665default, the proposed means of curing the default, and any other action that the commission may
694	694	666take, and shall offer training and specific technical assistance regarding the default.
695	695	667 (2) The commission shall provide a copy of the notice of default to the other member
696	696	668states.
697	697	669 (c) If a state in default fails to cure the default, the defaulting state may be terminated
698	698	670from the compact upon an affirmative vote of a majority of the delegates of the member states,
699	699	671and all rights, privileges and benefits conferred on that state by this compact may be terminated
700	700	672on the effective date of termination. A cure of the default does not relieve the offending state of
701	701	673obligations or liabilities incurred during the period of default.
702	702	674 (d) Termination of membership in the compact shall be imposed only after all other
703	703	675means of securing compliance have been exhausted. Notice of intent to suspend or terminate
704	704	676shall be given by the commission to the governor, the majority and minority leaders of the 35 of 40
705	705	677defaulting state’s legislature, the defaulting state’s state licensing authority and each of the
706	706	678member states’ state licensing authority.
707	707	679 (e) A state that has been terminated is responsible for all assessments, obligations, and
708	708	680liabilities incurred through the effective date of termination, including obligations that extend
709	709	681beyond the effective date of termination.
710	710	682 (f) Upon the termination of a state’s membership from this compact, that state shall
711	711	683immediately provide notice to all licensees within that state of such termination. The terminated
712	712	684state shall continue to recognize all licenses granted pursuant to this compact for a minimum of
713	713	685six (6) months after the date of said notice of termination.
714	714	686 (g) The commission shall not bear any costs related to a state that is found to be in default
715	715	687or that has been terminated from the compact, unless agreed upon in writing between the
716	716	688commission and the defaulting state.
717	717	689 (h) The defaulting state may appeal the action of the commission by petitioning the U.S.
718	718	690District Court for the District of Columbia or the federal district where the commission has its
719	719	691principal offices. The prevailing party shall be awarded all costs of such litigation, including
720	720	692reasonable attorney’s fees.
721	721	693 (i)(1) Upon request by a member state, the commission shall attempt to resolve disputes
722	722	694related to the compact that arise among member states and between member and non-member
723	723	695states.
724	724	696 (2) The commission shall promulgate a rule providing for both mediation and binding
725	725	697dispute resolution for disputes as appropriate. 36 of 40
726	726	698 (j)(1) By majority vote as provided by rule, the commission may initiate legal action
727	727	699against a member state in default in the United States District Court for the District of Columbia
728	728	700or the federal district where the commission has its principal offices to enforce compliance with
729	729	701the provisions of the compact and its promulgated rules. The relief sought may include both
730	730	702injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party
731	731	703shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies
732	732	704herein shall not be the exclusive remedies of the commission. The commission may pursue any
733	733	705other remedies available under federal or the defaulting member state’s law.
734	734	706 (2) A member state may initiate legal action against the commission in the U.S. District
735	735	707Court for the District of Columbia or the federal district where the commission has its principal
736	736	708offices to enforce compliance with the provisions of the compact and its promulgated rules. The
737	737	709relief sought may include both injunctive relief and damages. In the event judicial enforcement is
738	738	710necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable
739	739	711attorney’s fees.
740	740	712 (3) No person other than a member state shall enforce this compact against the
741	741	713commission.
742	742	714 Section 14. (a) The compact shall come into effect on the date on which the compact
743	743	715statute is enacted into law in the seventh member state.
744	744	716 (1) On or after the effective date of the compact, the commission shall convene and
745	745	717review the enactment of each of the first seven member states (“charter member states”) to
746	746	718determine if the statute enacted by each such charter member state is materially different than the
747	747	719model compact statute. 37 of 40
748	748	720 (i) A charter member state whose enactment is found to be materially different from the
749	749	721model compact statute shall be entitled to the default process set forth in section (13).
750	750	722 (ii) If any member state is later found to be in default, or is terminated or withdraws from
751	751	723the compact, the commission shall remain in existence and the compact shall remain in effect
752	752	724even if the number of member states should be less than seven.
753	753	725 (2) Member states enacting the compact subsequent to the seven initial charter member
754	754	726states shall be subject to the process set forth in subsection (21) of subsection (c) of section 10 to
755	755	727determine if their enactments are materially different from the model compact statute and
756	756	728whether they qualify for participation in the compact.
757	757	729 (3) All actions taken for the benefit of the commission or in furtherance of the purposes
758	758	730of the administration of the compact prior to the effective date of the compact or the commission
759	759	731coming into existence shall be considered to be actions of the commission unless specifically
760	760	732repudiated by the commission.
761	761	733 (4) Any state that joins the compact subsequent to the commission’s initial adoption of
762	762	734the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which
763	763	735the compact becomes law in that state. Any rule that has been previously adopted by the
764	764	736commission shall have the full force and effect of law on the day the compact becomes law in
765	765	737that state.
766	766	738 (b) Any member state may withdraw from this compact by enacting a statute repealing
767	767	739the same. 38 of 40
768	768	740 (1) A member state’s withdrawal shall not take effect until 180 days after enactment of
769	769	741the repealing statute.
770	770	742 (2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s
771	771	743licensing authority to comply with the investigative and adverse action reporting requirements of
772	772	744this compact prior to the effective date of withdrawal.
773	773	745 (3) Upon the enactment of a statute withdrawing from this compact, a state shall
774	774	746immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding
775	775	747any subsequent statutory enactment to the contrary, such withdrawing state shall continue to
776	776	748recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date
777	777	749of such notice of withdrawal.
778	778	750 (c) Nothing contained in this compact shall be construed to invalidate or prevent any
779	779	751licensure agreement or other cooperative arrangement between a member state and a non-
780	780	752member state that does not conflict with the provisions of this compact.
781	781	753 (d) This compact may be amended by the member states. No amendment to this compact
782	782	754shall become effective and binding upon any member state until it is enacted into the laws of all
783	783	755member states.
784	784	756 Section 15. (a) This compact and the commission’s rulemaking authority shall be
785	785	757liberally construed so as to effectuate the purposes, and the implementation and administration of
786	786	758the compact. Provisions of the compact expressly authorizing or requiring the promulgation of
787	787	759rules shall not be construed to limit the commission’s rulemaking authority solely for those
788	788	760purposes. 39 of 40
789	789	761 (b) The provisions of this compact shall be severable and if any phrase, clause, sentence
790	790	762or provision of this compact is held by a court of competent jurisdiction to be contrary to the
791	791	763constitution of any member state, a state seeking participation in the compact, or of the United
792	792	764States, or the applicability thereof to any government, agency, person or circumstance is held to
793	793	765be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this
794	794	766compact and the applicability thereof to any other government, agency, person or circumstance
795	795	767shall not be affected thereby.
796	796	768 (c) Notwithstanding subsection B of this section, the commission may deny a state’s
797	797	769participation in the compact or, in accordance with the requirements of subsection (b) of section
798	798	770(13), terminate a member state’s participation in the compact, if it determines that a
799	799	771constitutional requirement of a member state is a material departure from the compact.
800	800	772Otherwise, if this compact shall be held to be contrary to the constitution of any member state,
801	801	773the compact shall remain in full force and effect as to the remaining member states and in full
802	802	774force and effect as to the member state affected as to all severable matters.
803	803	775 Section 16. (a) A licensee providing services in a remote state under a multistate
804	804	776authorization to practice shall adhere to the laws and regulations, including laws, regulations, and
805	805	777applicable standards, of the remote state where the client is located at the time care is rendered.
806	806	778 (b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member
807	807	779state that is not inconsistent with the compact.
808	808	780 (c) Any laws, statutes, regulations, or other legal requirements in a member state in
809	809	781conflict with the compact are superseded to the extent of the conflict. 40 of 40
810	810	782 (d) All permissible agreements between the commission and the member states are
811	811	783binding in accordance with their terms.