EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0345*
HOUSE BILL 345
J2 5lr1336
HB 34/24 – HGO
By: Delegates Kerr and Woods
Introduced and read first time: January 13, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Interstate Social Work Licensure Compact 2
FOR the purpose of entering into the Social Work Licensure Compact for the purpose of 3
authorizing regulated social workers who hold multistate licenses to practice social 4
work in member states; establishing requirements for multistate licensure; 5
establishing the Social Work Licensure Compact Commission; providing for 6
withdrawal from the Compact; and generally relating to the Social Work Licensure 7
Compact. 8
BY adding to 9
Article – Health Occupations 10
Section 19–3A–01 to be under the new subtitle “Subtitle 3A. Interstate Social Work 11
Licensure Compact” 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Health Occupations 17
SUBTITLE 3A. INTERSTATE SOCIAL WORK LICENSURE COMPACT. 18
19–3A–01. 19
THE SOCIAL WORK LICENSURE COMPACT IS ENACTED IN TO LAW AND 20
ENTERED INTO WITH AL L OTHER STATES LEGAL LY JOINING IN IT IN THE FORM 21
SUBSTANTIALLY AS IT APPEARS IN THIS SECT ION AS FOLLOWS : 22
SECTION 1. PURPOSE. 23 2 HOUSE BILL 345
THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE INTERSTATE PRACT ICE 1
OF REGULATED SOCIAL WORKERS BY IMPROVING PUBLIC ACCESS TO COM PETENT 2
SOCIAL WORK SERVICES . THE COMPACT PRESERVES THE REGULATORY AUTHO RITY 3
OF STATES TO PROTECT PUBLIC HEALTH AND SA FETY THROUGH THE CUR RENT 4
SYSTEM OF STATE LICE NSURE. THIS COMPACT IS DESIGNED T O ACHIEVE THE 5
FOLLOWING OBJECTIVES : 6
(1) INCREASE PUBLIC ACCES S TO SOCIAL WORKERS ; 7
(2) REDUCE OVERLY BURDEN SOME AND DUPLICATIVE 8
REQUIREMENTS ASSOCIA TED WITH HOLDING MUL TIPLE LICENSES; 9
(3) ENHANCE THE MEMBER ST ATES’ ABILITY TO PROTECT T HE 10
PUBLIC’S HEALTH AND SAFETY ; 11
(4) ENCOURAGE THE COOPERA TION OF MEMBER STATE S IN 12
REGULATING MULTISTAT E PRACTICE; 13
(5) PROMOTE MOBILITY AND ADDRESS WORKFORCE SH ORTAGES BY 14
ELIMINATING THE NECE SSITY FOR LICENSES I N MULTIPLE STATES BY PROVIDING 15
FOR THE MUTUAL RECOG NITION OF OTHER MEMB ER STATE LICENSES ; 16
(6) SUPPORT MILITARY FAMI LIES; 17
(7) FACILITATE THE EXCHAN GE OF LICENS URE AND DISCIPLINARY 18
INFORMATION AMONG ME MBER STATES; 19
(8) AUTHORIZE ALL MEMBER STATES TO HOLD A REG ULATED SOCIAL 20
WORKER ACCOUNTABLE F OR ABIDING BY A MEMB ER STATE’S LAWS, REGULATIONS , 21
AND APPLICABLE PROFE SSIONAL STANDARDS IN THE MEMBER STATE IN WHICH THE 22
CLIENT IS LOCATED AT THE TIME CARE IS REN DERED; AND 23
(9) ALLOW THE USE OF TELE HEALTH TO FACILITATE INCREASED 24
ACCESS TO REGULATED SOCIAL WORK SERVICES . 25
SECTION 2. DEFINITIONS. 26
AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE 27
FOLLOWING D EFINITIONS SHALL APP LY: 28
(1) “ACTIVE MILITARY MEMBE R” MEANS ANY INDIVIDUAL WITH 29
FULL–TIME DUTY STATUS IN THE ACTIVE ARMED FOR CES OF THE UNITED STATES, 30
INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE. 31 HOUSE BILL 345 3
(2) “ADVERSE ACTION ” MEANS ANY ADMINISTRA TIVE, CIVIL, 1
EQUITABLE, OR CRIMINAL ACTION P ERMITTED BY A STATE ’S LAWS WHICH IS 2
IMPOSED BY A LICENSI NG AUTHORITY OR OTHE R AUTHORITY AGAINST A 3
REGULATED SOCIAL WOR KER, INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S 4
LICENSE OR MULTISTAT E AUTHORIZATION TO P RACTICE SUCH AS REVOCATION , 5
SUSPENSION, PROBATION, MONITORING OF THE LI CENSEE, LIMITATION ON THE 6
LICENSEE’S PRACTICE, OR ANY OTHER ENCUMBR ANCE ON LICENSURE AF FECTING A 7
REGULATED SOCIAL WOR KER’S AUTHORIZATION TO P RACTICE, INCLUDING 8
ISSUANCE OF A CEASE AND DESIST ACTION . 9
(3) “ALTERNATIVE PROGRAM ” MEANS A NON –DISCIPLINARY 10
MONITORING OR PRACTI CE REMEDIATION PROCE SS APPROVED BY A LIC ENSING 11
AUTHORITY TO ADDRESS PRACTITIONERS WITH A N IMPAIRMENT . 12
(4) “CHARTER MEMBER STATES ” MEANS MEMBER STATES WHO HAVE 13
ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH LE GISLATION 14
PREDATES THE EFFECTI VE DATE OF THIS COMPACT AS DESCRIBED IN SECTION 14. 15
(5) “COMPACT COMMISSION ” OR “COMMISSION” MEANS THE 16
GOVERNMENT AGENCY WH OSE MEMBERSHIP CONSI STS OF ALL STATES TH AT HAVE 17
ENACTED THIS COMPACT, WHICH IS KNOWN AS TH E SOCIAL WORK LICENSURE 18
COMPACT COMMISSION, AS DESCRIBED IN SECTION 10, AND WHICH SHALL 19
OPERATE AS AN INSTRU MENTALITY OF THE MEM BER STATES. 20
(6) “CURRENT SIGNIFICANT I NVESTIGATIVE INFORMA TION” MEANS: 21
(I) INVESTIGATIVE INFORMATION THAT A L ICENSING 22
AUTHORITY, AFTER A PRELIMINARY INQUIRY THAT INCLUDE S NOTIFICATION AND 23
AN OPPORTUNITY FOR T HE REGULATED SOCIAL WORKER TO RESPOND HA S REASON 24
TO BELIEVE IS NOT GR OUNDLESS AND , IF PROVED TRUE , WOULD INDICATE MORE 25
THAN A MINOR INFRA CTION AS MAY BE DEFI NED BY THE COMMISSION; OR 26
(II) INVESTIGATIVE INFORMA TION THAT INDICATES THAT THE 27
REGULATED SOCIAL WOR KER REPRESENTS AN IM MEDIATE THREAT TO PU BLIC 28
HEALTH AND SAFETY , AS MAY BE DEFINED BY THE COMMISSION, REGARDLESS OF 29
WHETHER THE REGU LATED SOCIAL WORKER HAS BEEN NOTIFIED AN D HAS HAD AN 30
OPPORTUNITY TO RESPO ND. 31
(7) “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT 32
LICENSEES, INCLUDING CONTINUING EDUCATION, EXAMINATION , LICENSURE, 33
CURRENT SIGNIFICANT INVESTIGATIVE INFORM ATION, DISQUALIFYING EVENT , 34
MULTISTATE LICENSE , AND ADVERSE ACTION I NFORMATION OR OTHER 35
INFORMATION AS REQUI RED BY THE COMMISSION. 36 4 HOUSE BILL 345
(8) “DISQUALIFYING EVENT ” MEANS ANY ADVERSE AC TION OR 1
INCIDENT WHICH RESUL TS IN AN ENCUMBRANCE THAT DISQUALIFIES OR MAKES 2
THE LICENSE E INELIGIBLE TO OBTA IN, RETAIN, OR RENEW A MULTISTAT E LICENSE. 3
(9) “DOMICILE” MEANS THE JURISDICTI ON IN WHICH THE LICE NSEE 4
RESIDES AND INTENDS TO REMAIN INDEFINITE LY. 5
(10) “ENCUMBRANCE ” MEANS A REVOCATION O R SUSPENSION OF , OR 6
ANY LIMITATION ON , THE FULL AND UNRESTRICTED PRACTICE OF SOCIAL W ORK 7
LICENSED AND REGULAT ED BY A LICENSING AU THORITY. 8
(11) “EXECUTIVE COMMITTEE ” MEANS A GROUP OF DEL EGATES 9
ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWER S 10
GRANTED TO THEM BY , THE COMPACT AND COMMISSION. 11
(12) “HOME STATE ” MEANS THE MEMBER STA TE THAT IS THE 12
LICENSEE’S PRIMARY DOMICILE . 13
(13) “IMPAIRMENT ” MEANS A CONDITION TH AT MAY IMPAIR A 14
PRACTITIONER ’S ABILITY TO ENGAGE IN FULL AND UNRESTRI CTED PRACTICE AS A 15
REGULATED SOCIAL WOR KER WITHOUT SOM E TYPE OF INTERVENTI ON AND MAY 16
INCLUDE ALCOHOL AND DRUG DEPENDENCE , MENTAL HEALTH IMPAIR MENT, AND 17
NEUROLOGICAL OR PHYS ICAL IMPAIRMENTS . 18
(14) “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A 19
LICENSE FROM A STATE TO PRACTICE AS A REG ULATED SOCIAL WORK ER. 20
(15) “LICENSING AUTHORITY ” MEANS THE BOARD OR A GENCY OF A 21
MEMBER STATE , OR EQUIVALENT , THAT IS RESPONSIBLE FOR THE LICENSING AN D 22
REGULATION OF REGULA TED SOCIAL WORKERS . 23
(16) “MEMBER STATE ” MEANS A STATE , COMMONWEALTH , DISTRICT, 24
OR TERRITORY OF TH E UNITED STATES OF AMERICA THAT HAS ENAC TED THIS 25
COMPACT. 26
(17) “MULTISTATE AUTHORIZAT ION TO PRACTICE ” MEANS A LEGALLY 27
AUTHORIZED PRIVILEGE TO PRACTICE , WHICH IS EQUIVALENT TO A LICENSE , 28
ASSOCIATED WITH A MU LTISTATE LICENSE PER MITTING THE PRACTICE OF SOCIAL 29
WORK IN A REMOTE STA TE. 30
(18) “MULTISTATE LICENSE ” MEANS A LICENSE TO P RACTICE AS A 31
REGULATED SOCIAL WOR KER ISSUED BY A HOME STATE LICENSING AUTH ORITY 32 HOUSE BILL 345 5
THAT AUTHORIZES THE REGULATED SOCIAL WOR KER TO PRACTICE IN A LL MEMBER 1
STATES UNDER MULTIST ATE AUTHORIZATION TO PRA CTICE. 2
(19) “QUALIFYING NATIONAL E XAM” MEANS A NATIONAL LIC ENSING 3
EXAMINATION APPROVED BY THE COMMISSION. 4
(20) “REGULATED SOCIAL WORK ER” MEANS ANY CLINICAL , MASTER’S, 5
OR BACHELOR ’S SOCIAL WORKER LICE NSED BY A MEMBER STA TE REGARDLE SS OF 6
THE TITLE USED BY TH AT MEMBER STATE . 7
(21) “REMOTE STATE ” MEANS A MEMBER STATE OTHER THAN THE 8
HOME STATE. 9
(22) “RULE” OR “RULE OF THE COMMISSION” MEANS A REGULATION 10
DULY PROMULGATED BY THE COMMISSION, AS AUTHORIZED BY THI S COMPACT, 11
THAT HAS THE FORCE OF LAW . 12
(23) “SINGLE STATE LICENSE ” MEANS A SOCIAL WORK LICENSE 13
ISSUED BY ANY STATE THAT AUTHORIZES PRAC TICE ONLY WITHIN THE ISSUING 14
STATE AND DOES NOT I NCLUDE MULTISTATE AU THORIZATION TO PRACT ICE IN ANY 15
MEMBER STATE . 16
(24) “SOCIAL WORK ” OR “SOCIAL WORK SERVICES ” MEANS THE 17
APPLICATION OF SOCIA L WORK THEORY , KNOWLEDGE , METHODS, ETHICS, AND THE 18
PROFESSIONAL USE OF SELF TO RESTORE OR E NHANCE SOCIAL , PSYCHOSOCIAL , OR 19
BIOPSYCHOSOCIAL FUNC TIONING OF INDIVIDUA LS, COUPLES, FAMILIES, GROUPS, 20
ORGANIZATIONS , AND COMMUNITIES THRO UGH THE CARE AND SER VICES PROVIDED 21
BY A REGULATED SOCIA L WORKER AS SET FORT H IN THE MEMBER STAT E’S 22
STATUTES AND REGULAT IONS IN THE STATE WH ERE THE SERVICES ARE BEING 23
PROVIDED. 24
(25) “STATE” MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR 25
TERRITORY OF THE UNITED STATES OF AMERICA THAT REGULATE S THE PRACTICE 26
OF SOCIAL WORK . 27
(26) “UNENCUMBERED LICENSE ” MEANS A LICENSE THAT 28
AUTHORIZES A REGULAT ED SOCIAL WORKER TO ENGAGE IN THE FULL A ND 29
UNRESTRICTED PRACTIC E OF SOCIAL WORK . 30
SECTION 3. STATE PARTICIPATION IN THE COMPACT. 31
(A) TO BE ELIGIBLE TO PAR TICIPATE IN THE COMPACT, A POTENTIAL 32
MEMBER STATE MUST CU RRENTLY MEET ALL OF THE FOLLOWING CRITER IA: 33
6 HOUSE BILL 345
(1) LICENSE AND REGULATE SOCIAL WORK AT EITHE R THE CLINICAL, 1
MASTER’S OR BACHELOR ’S CATEGORY; 2
(2) REQUIRE APPLICANTS FO R LICENSURE TO GRADU ATE FROM A 3
PROGRAM THAT : 4
(I) IS OPERATED BY A COLL EGE OR UNIVERSITY RE COGNIZED 5
BY THE LICENSING AUT HORITY; 6
(II) IS ACCREDITED , OR IN CANDIDACY BY A N INSTITUTION 7
THAT SUBSEQUENTLY BE COMES ACCREDITED , BY AN ACCREDITING AG ENCY 8
RECOGNIZED BY EITHER : 9
1. THE COUNCIL FOR HIGHER EDUCATION 10
ACCREDITATION OR ITS SUCCESSOR; OR 11
2. THE UNITED STATES DEPARTMENT OF EDUCATION; 12
AND 13
(III) CORRESPONDS TO THE LI CENSURE SOUGHT AS OU TLINED 14
IN SECTION 4; 15
(3) REQUIRE APPLICANTS FO R CLINICAL LICENSURE TO COMPLETE A 16
PERIOD OF SUPERVISED PRACTICE; AND 17
(4) HAVE A MECHANISM IN P LACE FOR RECEIVING , INVESTIGATING , 18
AND ADJUDICATING COM PLAINTS ABOUT LICENS EES. 19
(B) TO MAINTAIN MEMBERSHI P IN THE COMPACT A MEMBER ST ATE SHALL: 20
(1) REQUIRE THAT APPLICAN TS FOR A MULTISTATE LICENSE PASS A 21
QUALIFYING NATIONAL EXAM FOR THE CORRESP ONDING CATEGORY OF 22
MULTISTATE LICENSE S OUGHT AS OUTLINED IN SECTION 4; 23
(2) PARTICIPATE FULLY IN THE COMMISSION’S DATA SYSTEM , 24
INCLUDING USING THE COMMISSION’S UNIQUE IDENTIFIER AS DEFINED IN RULES ; 25
(3) NOTIFY THE COMMISSION, IN COMPLIANCE WITH T HE TERMS OF 26
THE COMPACT AND RULES , OF ANY ADVERSE ACTIO N OR THE AVAILABILIT Y OF 27
CURRENT SIGNIFICANT INVESTIGATIVE INFORM ATION REGARDING A LI CENSEE; 28
(4) IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL 29
HISTORY RECORDS OF A PPLICANTS FOR A MULT ISTATE LICENSE . SUCH 30
PROCEDURES SHALL INC LUDE THE SUBMISSION OF FINGERPRINTS OR O THER 31 HOUSE BILL 345 7
BIOMETRIC–BASED INFORMATION BY APPLICANTS FOR THE P URPOSE OF 1
OBTAINING AN APPLICANT ’S CRIMINAL HISTORY R ECORD INFORMATION FR OM THE 2
FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE F OR 3
RETAINING THAT STATE ’S CRIMINAL RECORDS ; 4
(5) COMPLY WITH THE RULES OF THE COMMISSION; 5
(6) REQUIRE AN APPLICANT TO OBTAIN OR RETAIN A LICENSE IN THE 6
HOME STATE AND MEET THE HOME STATE ’S QUALIFICATIONS FOR LICENSURE OR 7
RENEWAL OF LICENSURE , AS WELL AS ALL OTHER APPLICABLE HOME STAT E LAWS; 8
(7) AUTHORIZE A LICENSEE HOLDING A MULTISTATE LICENSE IN ANY 9
MEMBER STATE TO PRAC TICE IN ACCORDANCE WITH THE TERMS OF THE COMPACT 10
AND RULES OF THE COMMISSION; AND 11
(8) DESIGNATE A DELEGATE TO PARTICIPATE IN TH E COMMISSION 12
MEETINGS. 13
(C) A MEMBER STATE MEETING THE REQUIREMENTS OF SECTIONS 3(A) AND 14
3(B) OF THIS COMPACT SHALL DESIGNA TE THE CAT EGORIES OF SOCIAL WO RK 15
LICENSURE THAT ARE E LIGIBLE FOR ISSUANCE OF A MULTISTATE LICE NSE FOR 16
APPLICANTS IN SUCH M EMBER STATE . TO THE EXTENT THAT AN Y MEMBER STATE 17
DOES NOT MEET THE RE QUIREMENTS FOR PARTI CIPATION IN THE COMPACT AT ANY 18
PARTICULAR CATEGORY OF SOCIAL WORK LICENSURE , SUCH MEMBER STATE MA Y 19
CHOOSE, BUT IS NOT OBLIGATED TO, ISSUE A MULTISTATE L ICENSE TO APPLICANTS 20
THAT OTHERWISE MEET THE REQUIREMENTS OF SECTION 4 FOR ISSUANCE OF A 21
MULTISTATE LICENSE I N SUCH CATEGORY OR C ATEGORIES OF LICENSU RE. 22
(D) THE HOME STATES MAY C HARGE A FEE FOR GRAN TING THE 23
MULTISTATE LICENSE . 24
SECTION 4. REGULATED SOCIAL WORKER PARTICIPATION IN THE 25
COMPACT. 26
(A) TO BE ELIGIBLE FOR A MULTISTATE LICENSE U NDER THE TERMS AND 27
PROVISIONS OF THE COMPACT, AN APPLICANT, REGARDLESS OF CATEGORY MUST : 28
(1) HOLD OR BE ELIGIBLE F OR AN ACTIVE, UNENCUMBERED LICENSE 29
IN THE HOME STATE ; 30
(2) PAY ANY APPLICABLE FE ES, INCLUDING ANY STATE FEE, FOR THE 31
MULTISTATE LICENSE ; 32
8 HOUSE BILL 345
(3) SUBMIT, IN CONNECTION WITH A N APPLICATION FOR A 1
MULTISTATE LICENSE , FINGERPRINTS OR OTHE R BIOMETRIC DATA FOR THE 2
PURPOSE OF OBTAINING CRIMINAL HISTORY REC ORD INFORMATION FROM THE 3
FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE F OR 4
RETAINING THAT STATE ’S CRIMINAL RECORDS ; 5
(4) NOTIFY THE HOME STATE OF ANY ADV ERSE ACTION , 6
ENCUMBRANCE , OR RESTRICTION ON AN Y PROFESSIONAL LICEN SE TAKEN BY ANY 7
MEMBER STATE OR NON –MEMBER STATE WITHIN 30 DAYS FROM THE DATE T HE 8
ACTION IS TAKEN; 9
(5) MEET ANY CONTINUING C OMPETENCE REQUIREMEN TS 10
ESTABLISHED BY THE H OME STATE; AND 11
(6) ABIDE BY THE LAWS , REGULATIONS , AND APPLICABLE 12
STANDARDS IN THE MEM BER STATE WHERE THE CLIENT IS LOCATED AT THE TIME 13
CARE IS RENDERED . 14
(B) AN APPLICANT FOR A CL INICAL–CATEGORY MULTISTATE LICENSE MUST 15
MEET ALL OF THE FOLL OWING REQUIREMENTS : 16
(1) FULFILL A COMPETENCY REQU IREMENT, WHICH SHALL BE 17
SATISFIED BY EITHER : 18
(I) PASSAGE OF A CLINICAL –CATEGORY QUALIFYING 19
NATIONAL EXAM ; 20
(II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT 21
THE CLINICAL CATEGOR Y, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING 22
NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AND ACCOMPANIED BY A 23
PERIOD OF CONTINUOUS SOCIAL WORK LICENSUR E THEREAFTER , ALL OF WHICH 24
MAY BE FURTHER GOVER NED BY THE RULE OF T HE COMMISSION; OR 25
(III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING 26
COMPETEN CY REQUIREMENTS WHIC H THE COMMISSION MAY DETERM INE BY RULE. 27
(2) ATTAIN AT LEAST A MAS TER’S DEGREE IN SOCIAL W ORK FROM A 28
PROGRAM THAT IS : 29
(I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY 30
THE LICENSING AUTHOR ITY; AND 31
(II) ACCREDITED, OR IN CA NDIDACY THAT SUBSEQU ENTLY 32
BECOMES ACCREDITED , BY AN ACCREDITING AG ENCY RECOGNIZED BY E ITHER: 33 HOUSE BILL 345 9
1. THE COUNCIL FOR HIGHER EDUCATION 1
ACCREDITATION OR ITS SUCCESSOR; OR 2
2. THE UNITED STATES DEPARTMENT OF EDUCATION; 3
(3) FULFILL A PRACTICE RE QUIREMEN T, WHICH SHALL BE SATIS FIED 4
BY DEMONSTRATING COM PLETION OF EITHER : 5
(I) A PERIOD OF POSTGRADUA TE SUPERVISED CLINIC AL 6
PRACTICE EQUAL TO A MINIMUM OF THREE THO USAND HOURS ; 7
(II) A MINIMUM OF TWO YEARS OF FULL–TIME POSTGRADUATE 8
SUPERVISED CLINICAL PRACTICE; OR 9
(III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING 10
PRACTICE REQUIREMENT S WHICH THE COMMISSION MAY DETERM INE BY RULE. 11
(C) AN APPLICANT FOR A MA STER’S–CATEGORY MULTISTATE LICENSE 12
MUST MEET ALL OF THE FOLLOWING REQUIREMEN TS: 13
(1) FULFILL A COMPETENCY REQUIREME NT, WHICH SHALL BE 14
SATISFIED BY EITHER : 15
(I) PASSAGE OF A MASTER ’S–CATEGORY QUALIFYING 16
NATIONAL EXAM ; 17
(II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT 18
THE MASTER ’S CATEGORY, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING 19
NATIONAL EXAM WAS REQUIR ED BY THE HOME STATE AT THE MASTER ’S CATEGORY 20
AND ACCOMPANIED BY A CONTINUOUS PERIOD OF SOCIAL WORK LICENSUR E 21
THEREAFTER , ALL OF WHICH MAY BE FURTHER GOVERNED BY THE RULE OF THE 22
COMMISSION; OR 23
(III) THE SUBSTANTIAL EQUIV ALENCY OF TH E FOREGOING 24
COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE. 25
(2) ATTAIN AT LEAST A MAS TER’S DEGREE IN SOCIAL W ORK, FROM A 26
PROGRAM THAT IS : 27
(I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY 28
THE LICENSING AUTHOR ITY; AND 29
10 HOUSE BILL 345
(II) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY 1
BECOMES ACCREDITED , BY AN ACCREDITING AG ENCY RECOGNIZED BY E ITHER: 2
1. THE COUNCIL FOR HIGHER EDUCATION 3
ACCREDITATION , OR ITS SUCCESSOR ; OR 4
2. THE UNITED STATES DEPARTMENT OF EDUCATION. 5
(D) AN APPLICANT FOR A BACHELOR ’S–CATEGORY MULTISTATE LICENSE 6
MUST MEET ALL OF THE FOLLOWING REQUIREMEN TS: 7
(1) FULFILL A COMPETENCY REQUIREMENT , WHICH SHALL BE 8
SATISFIED BY EITHER : 9
(I) PASSAGE OF A BACHELOR ’S–CATEGORY QUALIFYING 10
NATIONAL EXAM ; 11
(II) LICENSURE OF THE APPLICANT I N THEIR HOME STATE A T 12
THE BACHELOR ’S CATEGORY, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING 13
NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AND ACCOMPANIED BY A 14
CONTINUOUS PERIOD OF SOCIAL WORK LICENSUR E THEREAFTER , ALL OF WHICH 15
MAY BE FURTHER GOVERNED BY THE RULE OF THE COMMISSION; OR 16
(III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING 17
COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE; 18
AND 19
(2) ATTAIN AT LEAST A BAC HELOR’S DEGREE IN SOCIAL W ORK FROM 20
A PROGRAM THAT IS : 21
(I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY 22
THE LICENSING AUTHOR ITY; AND 23
(II) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY 24
BECOMES ACCREDITED , BY AN ACCREDITING AG ENCY RECOGNIZED BY E ITHER: 25
1. THE COUNCIL FOR HIGHER EDUCATION 26
ACCREDITATION, OR ITS SUCCESSOR ; OR 27
2. THE UNITED STATES DEPARTMENT OF EDUCATION. 28
(E) THE MULTISTATE LICENS E FOR A REGULATED SO CIAL WORKER IS 29
SUBJECT TO THE RENEW AL REQUIREMENTS OF T HE HOME STATE . THE REGULATED 30 HOUSE BILL 345 11
SOCIAL WORKER MUST M AINTAIN COMPLIANCE W ITH THE REQUIREMENTS O F 1
SECTION 4(A) TO BE ELIGIBLE TO RE NEW A MULTISTATE LIC ENSE. 2
(F) THE REGULATED SOCIAL WORKER’S SERVICES IN A REMO TE STATE ARE 3
SUBJECT TO THAT MEMB ER STATE’S REGULATORY AUTHORI TY. A REMOTE STATE 4
MAY, IN ACCORDANCE WITH D UE PROCESS AND THAT MEMBER STATE ’S LAWS, 5
REMOVE A REGULATED S OCIAL WORKER ’S MULTISTATE AUTHORI ZATION TO 6
PRACTICE IN THE REMO TE STATE FOR A SPECI FIC PERIOD OF TIME , IMPOSE FINES, 7
AND TAKE ANY OTHER N ECESSARY ACTIONS TO PROTECT THE HEALTH A ND SAFETY 8
OF ITS CITIZENS. 9
(G) IF A MULTISTATE LICEN SE IS ENCUMBERED , THE REGULATED SOCIAL 10
WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE S HALL BE DEACTIVATED IN 11
ALL REMOTE STATES UN TIL THE MULTISTATE L ICENSE IS NO LONGER 12
ENCUMBERED . 13
(H) IF A MULTISTATE AUTHO RIZATION TO PRACTICE IS ENCUMBERED IN A 14
REMOTE STATE , THE REGULATED SOCIAL WORKER’S MULTISTATE AUTHORI ZATION 15
TO PRACTICE MAY BE D EACTIVATED IN THAT S TATE UNTIL THE MULTI STATE 16
AUTHORIZATION TO PRA CTICE IS NO LONGER E NCUMBERED . 17
SECTION 5. ISSUANCE OF A MULTISTATE LICENSE. 18
(A) UPON RECEIPT OF AN AP PLICATION FOR A MULT ISTATE LICENSE, THE 19
HOME STATE LICENSING AUTHORITY SHALL DETE RMINE THE APPLICANT ’S 20
ELIGIBILITY FOR A MU LTISTATE LICENSE IN ACCORDANCE WITH SECTION 4 OF THIS 21
COMPACT. 22
(B) IF SUCH APPLICANT IS ELIGIBLE PURSUANT TO SECTION 4 OF THIS 23
COMPACT, THE HOME STATE LICEN SING AUTHORITY SHALL ISSUE A MULTISTATE 24
LICENSE THAT AUTHORI ZES THE APPLICANT OR REGULATED SOCIAL WOR KER TO 25
PRACTICE IN ALL MEMB ER STATES UNDER A MU LTISTATE AUTHORIZATI ON TO 26
PRACTICE. 27
(C) UPON ISSUANCE OF A M ULTISTATE LICENSE , THE HOME STATE 28
LICENSING AUTHORITY SHALL DESIGNATE WHET HER THE REGULATED SO CIAL 29
WORKER HOLDS A MULTI STATE LICENSE IN THE BACHELOR’S, MASTER’S, OR 30
CLINICAL CATEGORY OF SOCIAL WORK. 31
(D) A MULTISTATE LICENSE I SSUED BY A HOME STAT E TO A RESIDENT IN 32
THAT STATE SHALL BE RECOGNIZED BY ALL COMPACT MEMBER STATES AS 33
AUTHORIZING SOCIAL W ORK PRACTICE UNDER A MULTISTATE AUTHORIZA TION TO 34
PRACTICE CORRESPONDI NG TO EACH CATEGORY OF LICENSURE REGULAT ED IN 35
EACH MEMBER STATE . 36 12 HOUSE BILL 345
SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND 1
MEMBER STATE LICENSING AUTHORITIES. 2
(A) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 3
SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 4
OF A MEMBER STATE TO ENACT AND ENFORCE LA WS, REGULATIONS, OR OTHER 5
RULES RELATED TO THE PRACTICE OF SOCIAL W ORK IN THAT STATE , WHERE THOSE 6
LAWS, REGULATIONS , OR OTHER RULES ARE N OT INCONSISTENT WITH THE 7
PROVISIONS OF THIS COMPACT. 8
(B) NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS 9
ESTABLISHED BY A M EMBER STATE FOR THE ISSUANCE OF A SINGLE STATE LICENSE. 10
(C) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 11
SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 12
OF A MEMBER STATE TO TAKE ADVERS E ACTION AGAINST A L ICENSEE’S SINGLE 13
STATE LICENSE TO PRACTICE SOCIAL W ORK IN THAT STATE. 14
(D) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 15
SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 16
OF A REMOTE STATE TO TAKE ADVERSE ACTION AGAINST A LICENSEE ’S MULTISTATE 17
AUTHORIZATION TO PRA CTICE IN THAT STATE . 18
(E) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 19
SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 20
OF A LICENSEE’S HOME STATE TO TAKE ADVERSE ACTION AGAIN ST A LICENSEE’S 21
MULTISTATE LICENSE B ASED UPON INFORMATIO N PROVIDED BY A REMO TE STATE. 22
SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME 23
STATE. 24
(A) A LICENSEE CAN HOLD A MULTISTATE LICENSE , ISSUED BY THEIR HOME 25
STATE, IN ONLY ONE MEMBER S TATE AT ANY GIVEN TI ME. 26
(B) IF A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN TWO 27
MEMBER STATES : 28
(1) THE LICENSEE SHALL IM MEDIATELY APPLY FOR THE REISSUANCE 29
OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE LICENSEE SHALL 30
PAY ALL APPLICABLE F EES AND NOTIFY TH E PRIOR HOME STATE I N ACCORDANCE 31
WITH THE RULES OF TH E COMMISSION. 32
HOUSE BILL 345 13
(2) UPON RECEIPT OF AN AP PLICATION TO REISSUE A MULTISTATE 1
LICENSE, THE NEW HOME STATE S HALL VERIFY THAT THE MULTISTATE LICENSE I S 2
ACTIVE, UNENCUMBERED AND ELI GIBLE FOR REISSUANCE UNDER THE TERMS OF 3
THE COMPACT AND THE RULES OF THE COMMISSION. THE MULTISTATE LICENS E 4
ISSUED BY THE PRIOR HOME STATE WILL BE D EACTIVATED AND ALL M EMBER 5
STATES NOTIFIED IN A CCORDANCE WITH THE A PPLICABLE RULES ADOP TED BY THE 6
COMMISSION. 7
(3) PRIOR TO THE REISSU ANCE OF THE MULTISTA TE LICENSE, THE 8
NEW HOME STATE SHALL CONDUCT PROCEDURES F OR CONSIDERING THE C RIMINAL 9
HISTORY RECORDS OF T HE LICENSEE. SUCH PROCEDURES SHALL INCLUDE THE 10
SUBMISSION OF FINGER PRINTS OR OTHER BIOM ETRIC–BASED INFORMATION BY 11
APPLICANTS FOR THE PURPOSE OF OBTAINI NG AN APPLICANT ’S CRIMINAL HISTORY 12
RECORD INFORMATION F ROM THE FEDERAL BUREAU OF INVESTIGATION AND THE 13
AGENCY RESPONSIBLE F OR RETAINING THAT ST ATE’S CRIMINAL RECORDS . 14
(4) IF REQUIRED FOR INITI AL LICENSURE , THE NEW HOME STATE 15
MAY REQUIRE COMPLETION O F JURISPRUDENCE REQU IREMENTS IN THE NEW HOME 16
STATE. 17
(5) NOTWITHSTANDING ANY O THER PROVISION OF TH IS COMPACT, IF 18
A LICENSEE DOES NOT MEET THE REQUIREMENT S SET FORTH IN THIS COMPACT FOR 19
THE REISSUANCE OF A MULTISTATE LICENSE B Y THE NEW HOME STATE, THEN THE 20
LICENSEE SHALL BE SU BJECT TO THE NEW HOM E STATE REQUIREMENTS FOR THE 21
ISSUANCE OF A SINGLE STATE LICENSE IN THA T STATE. 22
(C) IF A LICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY 23
MOVING FROM A MEMBER STATE TO A NON –MEMBER STATE , OR FROM A 24
NON–MEMBER STATE TO A ME MBER STATE, THEN THE LICENSEE SH ALL BE SUBJECT 25
TO THE STATE REQUIRE MENTS FOR THE ISSUAN CE OF A SINGLE STATE LICENSE IN 26
THE NEW HOME STATE . 27
(D) NOTHING IN THIS COMPACT SHALL INTERFE RE WITH A LICENSEE ’S 28
ABILITY TO HOLD A S INGLE STATE LICENSE IN MULTIPLE STATES ; HOWEVER, FOR 29
THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAV E ONLY ONE HOME 30
STATE, AND ONLY ONE MULTIST ATE LICENSE. 31
(E) NOTHING IN THIS COMPACT SHALL INTERFE RE WITH THE 32
REQUIREMENTS ESTABLI SHED BY A MEMBER STA TE FOR THE ISSUANCE OF A SINGLE 33
STATE LICENSE. 34
SECTION 8. MILITARY FAMILIES. 35
14 HOUSE BILL 345
AN ACTIVE MILITARY ME MBER OR THEIR SPOUSE SHALL DESIGNATE A HO ME 1
STATE WHERE THE INDI VIDUAL HAS A MULTIST ATE LICENSE. THE INDIVIDUAL MAY 2
RETAIN THEIR HOME ST ATE DESIGNATION DURI NG THE PERIOD THE SER VICE 3
MEMBER IS ON ACTIVE DUTY. 4
SECTION 9. ADVERSE ACTIONS. 5
(A) IN ADDITION TO THE OT HER POWERS CONFERRED BY STATE LAW , A 6
REMOTE STATE SHALL H AVE THE AUTHORITY , IN ACCORDANCE WITH E XISTING 7
STATE DUE PROCESS LA W, TO: 8
(1) TAKE ADVER SE ACTION AGAINST A REGULATED SOCIAL 9
WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE O NLY WITHIN THAT MEMB ER 10
STATE, AND ISSUE SUBPOENAS FOR BOTH HEARINGS AN D INVESTIGATIONS THA T 11
REQUIRE THE ATTENDAN CE AND TESTIMONY OF WITNESSES AS WELL AS THE 12
PRODUCTION OF E VIDENCE. SUBPOENAS ISSUED BY A LICENSING AUTHORITY IN A 13
MEMBER STATE FOR THE ATTENDANCE AND TESTI MONY OF WITNESSES OR THE 14
PRODUCTION OF EVIDEN CE FROM ANOTHER MEMB ER STATE SHALL BE EN FORCED 15
IN THE LATTER STATE BY ANY COURT OF COMP ETENT JURISDICTION , ACCORDING 16
TO THE PRACTICE AND PROCEDURE OF THAT CO URT APPLICABLE TO SU BPOENAS 17
ISSUED IN PROCEEDING S PENDING BEFORE IT . THE ISSUING AUTHORITY SHALL PAY 18
ANY WITNESS FEES , TRAVEL EXPENSES , MILEAGE AND OTHER FE ES REQUIRED BY 19
THE SERVICE STATUTES OF THE STATE IN WHIC H THE WITNESSES OR EVI DENCE ARE 20
LOCATED. 21
(2) ONLY THE HOME STATE S HALL HAVE THE POWER TO TAKE 22
ADVERSE ACTION AGAIN ST A REGULATED SOCIA L WORKER’S MULTISTATE LICENSE . 23
(B) FOR PURPOSES OF TAKIN G ADVERSE ACTION , THE HOME STATE SHALL 24
GIVE THE SAME PRIORI TY AND EFFECT TO REPORT ED CONDUCT RECEIVED FROM A 25
MEMBER STATE AS IT W OULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME 26
STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO 27
DETERMINE APPROPRIAT E ACTION. 28
(C) THE HOME STATE SHALL COMPLETE ANY P ENDING INVESTIGATION S OF 29
A REGULATED SOCIAL W ORKER WHO CHANGES TH EIR HOME STATE DURIN G THE 30
COURSE OF THE INVEST IGATIONS. THE HOME STATE SHALL ALSO HAVE THE 31
AUTHORITY TO TAKE AP PROPRIATE ACTION (S) AND SHALL PROMPTLY R EPORT THE 32
CONCLUSIONS OF THE I NVESTIGATIONS TO THE ADMINISTR ATOR OF THE DATA 33
SYSTEM. THE ADMINISTRATOR OF THE DATA SYSTEM SHAL L PROMPTLY NOTIFY TH E 34
NEW HOME STATE OF AN Y ADVERSE ACTIONS . 35
(D) A MEMBER STATE , IF OTHERWISE PERMITT ED BY STATE LAW , MAY 36
RECOVER FROM THE AFF ECTED REGULATED SOCI AL WORKER THE COSTS OF 37 HOUSE BILL 345 15
INVESTIGATIONS AND D ISPOSITIONS OF CASES RESULTING FROM ANY A DVERSE 1
ACTION TAKEN AGAINST THAT REGULATED SOCIA L WORKER. 2
(E) A MEMBER STATE MAY TAK E ADVERSE ACTION BAS ED ON THE FACTUAL 3
FINDINGS OF ANOTHER MEMBER STATE , PROVIDED THAT THE MEMBER STATE 4
FOLLOWS ITS OWN PROC EDURES FOR TAKING AD VERSE ACTION. 5
(F) (1) IN ADDITION TO THE AU THORITY GRANTED TO A MEMBER STATE 6
BY ITS RESPECTIVE RE GULATED SOCIAL WORK PRACTICE ACT OR OTHE R 7
APPLICABLE STATE LAW , ANY MEMBER STATE MAY PARTICIPATE WITH OT HER 8
MEMBER STATES IN JOI NT INVESTIGATIONS OF LICENSEES. 9
(2) MEMBER STATES SHALL S HARE ANY INVESTIGATI VE, LITIGATION, 10
OR COMPLIANCE MATERI ALS IN FURTHERANCE O F ANY JOINT OR INDIV IDUAL 11
INVESTIGATION INITIA TED UNDER THE COMPACT. 12
(G) IF AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST THE 13
MULTISTATE LICENSE O F A REGULATED SOCIAL WORKER, THE REGULATED SOCIAL 14
WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE I N ALL OTHER MEMBER 15
STATES SHALL BE DEAC TIVATED UNTIL ALL EN CUMBRANCES HAVE BEEN REMOVED 16
FROM THE MUL TISTATE LICENSE . ALL HOME STATE DISCIP LINARY ORDERS THAT 17
IMPOSE ADVERSE ACTIO N AGAINST THE LICENS E OF A REGULATED SOC IAL WORKER 18
SHALL INCLUDE A STAT EMENT THAT THE REGUL ATED SOCIAL WORKER ’S 19
MULTISTATE AUTHORIZA TION TO PRACTICE IS DEACTIVATED IN ALL M EMBER 20
STATES UNTIL ALL COND ITIONS OF THE DECISI ON, ORDER, OR AGREEMENT ARE 21
SATISFIED. 22
(H) IF A MEMBER STATE TAK ES ADVERSE ACTION , IT SHALL PROMPTLY 23
NOTIFY THE ADMINISTR ATOR OF THE DATA SYS TEM. THE ADMINISTRATOR OF THE 24
DATA SYSTEM SHALL PR OMPTLY NOTIFY THE HO ME STATE AND ALL OTHER MEMBER 25
STATES OF ANY ADVERS E ACTIONS BY REMOTE STATES. 26
(I) NOTHING IN THIS COMPACT SHALL OVERRID E A MEMBER STATE ’S 27
DECISION THAT PARTIC IPATION IN AN ALTERN ATIVE PROGRAM MAY BE USED IN 28
LIEU OF ADVERSE ACTI ON. 29
(J) NOTHING IN THIS COMPACT SHALL AUTHORI ZE A MEMBER STATE TO 30
DEMAND THE ISSUANCE OF SUBPOENAS FOR ATT ENDANCE AND TESTIMON Y OF 31
WITNESSES OR THE PRO DUCTION OF EVIDENCE FROM ANOTHER MEMBER STATE 32
FOR LAWFUL ACTIONS W ITHIN THAT MEMBER ST ATE. 33
(K) NOTHING IN THIS COMPACT SHALL AU THORIZE A MEMBER STA TE TO 34
IMPOSE DISCIPLINE AG AINST A REGULATED SO CIAL WORKER WHO HOLD S A 35 16 HOUSE BILL 345
MULTISTATE AUTHORIZA TION TO PRACTICE FOR LAWFUL ACTIONS WITHI N 1
ANOTHER MEMBER STATE . 2
SECTION 10. ESTABLISHMENT OF THE SOCIAL WORK LICENSURE 3
COMPACT COMMISSION. 4
(A) THE COMPACT MEMBER STATES HEREBY CREATE AND ES TABLISH A 5
JOINT GOVERNMENT AGE NCY WHOSE MEMBERSHIP CONSISTS OF ALL MEMB ER 6
STATES THAT HAVE ENA CTED THE COMPACT KNOWN AS THE SOCIAL WORK 7
LICENSURE COMPACT COMMISSION. THE COMMISSION IS AN INST RUMENTALITY 8
OF THE COMPACT STATES ACTING JOINTLY AND NOT AN I NSTRUMENTALITY OF AN Y 9
ONE STATE. THE COMMISSION SHALL COME INTO EXISTENCE ON OR AFTER THE 10
EFFECTIVE DATE OF TH E COMPACT AS SET FORTH IN SECTION 14. 11
(B) (1) EACH MEMBER STATE SHA LL HAVE AND BE LIMIT ED TO ONE 12
DELEGATE SELECTED BY THA T MEMBER STATE ’S LICENSING AUTHORIT Y. 13
(2) THE DELEGATE SHALL BE EITHER: 14
(I) A CURRENT MEMBER OF TH E LICENSING AUTHORIT Y AT 15
THE TIME OF APPOINTM ENT, WHO IS A REGULATED S OCIAL WORKER , OR PUBLIC 16
MEMBER OF THE LICENS ING AUTHORITY ; OR 17
(II) AN ADMINISTRATOR OF T HE LICENSING AUTHORI TY OR 18
THEIR DESIGNEE . 19
(3) THE COMMISSION SHALL BY R ULE OR BYLAW ESTABLI SH A TERM 20
OF OFFICE FOR DELEGA TES AND MAY BY RULE OR BYLAW ESTABLISH T ERM LIMITS. 21
(4) THE COMMISSION MAY RECOMM END REMOVAL OR SUSPENSION 22
OF ANY DELEGATE FROM OFFICE. 23
(5) A MEMBER STATE ’S LICENSING AUTHORIT Y SHALL FILL ANY 24
VACANCY OF ITS DELEG ATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS OF 25
THE VACANCY . 26
(6) EACH DELEGATE SHALL B E ENTITLED TO ONE VO TE ON ALL 27
MATTERS BEFORE T HE COMMISSION REQUIRING A VOTE BY COMMISSION 28
DELEGATES. 29
(7) A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS 30
AS PROVIDED IN THE B YLAWS. THE BYLAWS MAY PROVID E FOR DELEGATES TO M EET 31
BY TELECOMMUNICATION , VIDEO CONFERENCE , OR OTHER MEANS OF 32
COMMUNI CATION. 33 HOUSE BILL 345 17
(8) THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 1
CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 2
BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 3
CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS . 4
(C) THE COMMISSION SHALL HAVE THE FOLLOWING POWERS : 5
(1) ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 6
(2) ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST 7
POLICIES; 8
(3) ESTABLISH AND AMEND R ULES AND BYLAWS ; 9
(4) MAINTAIN ITS FINANCIA L RECORDS IN ACCORDANCE WITH THE 10
BYLAWS; 11
(5) MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 12
PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS ; 13
(6) INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 14
THE NAME OF THE COMMISSION, PROVIDED THAT TH E STANDING OF ANY ST ATE 15
LICENSING BOARD TO S UE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE 16
AFFECTED; 17
(7) MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED 18
TO A MEMBER STATE AS THE AUTHENTICATED BU SINESS RECORDS OF TH E 19
COMMISSION AND DESIGN ATE AN AGENT TO DO SO ON TH E COMMISSION’S BEHALF; 20
(8) PURCHASE AND MAINTAIN INSURANCE AND BONDS ; 21
(9) BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 22
INCLUDING, BUT NOT LIMITED TO , EMPLOYEES OF A MEMBE R STATE; 23
(10) CONDUCT AN ANNUAL FIN ANCIAL REVIE W; 24
(11) HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 25
COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 26
AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT, AND ESTABLISH THE 27
COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLIC TS OF 28
INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 29
MATTERS; 30
18 HOUSE BILL 345
(12) ASSESS AND COLLECT FE ES; 1
(13) ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS 2
OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS AND 3
SERVICES, AND TO RECEIVE , UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT 4
AT ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY 5
OR CONFLICT OF INTER EST; 6
(14) LEASE, PURCHASE, RETAIN, OR OTHERWISE TO OWN , HOLD, 7
IMPROVE OR USE ANY P ROPERTY, REAL, PERSONAL OR MIXED ; OR ANY UNDIVIDED 8
INTEREST THEREIN ; 9
(15) SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 10
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR MIXED; 11
(16) ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 12
(17) BORROW MONEY ; 13
(18) APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES 14
COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR 15
REPRESENTATIVES , AND CONSUMER REPRESE NTATIVES, AND SUCH OTHER 16
INTERESTED PERSONS A S MAY BE DESIGNATED IN THE COMPACT AND THE BYLAW S; 17
(19) PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 18
WITH, LAW ENFORCEMENT AGEN CIES; 19
(20) ESTABLISH AND ELECT A N EXECUTIVE COMMITTE E, INCLUDING A 20
CHAIR AND VICE CHAIR ; 21
(21) DETERMINE WHETHER A S TATE’S ADOPTED LANGUAGE I S 22
MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE 23
STATE WOULD NOT QUAL IFY FOR PARTICIPATIO N IN THE COMPACT; AND 24
(22) PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 25
APPROPRIATE TO ACHIE VE THE PURPOSES OF T HE COMPACT. 26
(D) (1) THE EXECUTIVE COMMITT EE SHALL HAVE THE POWER TO ACT ON 27
BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THE COMPACT. THE 28
POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COM MITTEE SHALL 29
INCLUDE: 30
(I) OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E 31
ADMINISTRATION OF TH E COMPACT INCLUDING ENFORC EMENT AND COMPLIANCE 32 HOUSE BILL 345 19
WITH THE PROVISIONS OF THE COMPACT, ITS RULES AND BYLAWS , AND OTHER SUCH 1
DUTIES AS DEEMED NEC ESSARY; 2
(II) RECOMMENDING TO THE COMMISSION CHANGES TO THE 3
RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO 4
COMPACT MEMBER STATES SUCH AS FEES CHARGED TO LICENSEES, AND OTHER 5
FEES; 6
(III) ENSURING COMPACT ADMINISTRATIO N SERVICES ARE 7
APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T; 8
(IV) PREPARING AND RECOMME NDING THE BUDGET ; 9
(V) MAINTAINING F INANCIAL RECORDS ON BEHALF OF THE 10
COMMISSION; 11
(VI) MONITORING COMPACT COMPLIANCE OF MEMBER STATES 12
AND PROVIDING COMPLI ANCE REPORTS TO THE COMMISSION; 13
(VII) ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY; 14
(VIII) EXERCISING THE POWERS AND DUT IES OF THE 15
COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT 16
FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND 17
EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE 18
COMMISSION BY RULE OR BYLAW; AND 19
(IX) OTHER DUTIES AS PROVIDED I N THE RULES OR BYLAW S OF 20
THE COMMISSION. 21
(2) THE EXECUTIVE COMMITT EE SHALL BE COMPOSED OF UP TO 22
ELEVEN MEMBERS : 23
(I) THE CHAIR AND VICE CH AIR OF THE COMMISSION SHALL BE 24
VOTING MEMBERS OF TH E EXECUTIVE COMMITTE E; 25
(II) THE COMMISSION SHALL ELEC T FIVE VOTING MEMBER S 26
FROM THE CURRENT MEM BERSHIP OF THE COMMISSION; 27
(III) UP TO FOUR EX OFFICIO , NONVOTING MEMBERS FR OM 28
FOUR RECOGNIZED NATI ONAL SOCIAL WORKER O RGANIZATIONS ; 29
(IV) THE EX OFFICIO MEMBER S WILL BE SELECTED B Y THEIR 30
RESPECTIVE ORGANIZAT IONS. 31 20 HOUSE BILL 345
(3) THE COMMISSION MAY REMOVE ANY MEMBER OF THE EX ECUTIVE 1
COMMITTEE AS PROVIDE D IN THE COMMISSION’S BYLAWS. 2
(4) THE EXECUTIVE COMMITT EE SHALL MEET AT LEA ST ANNUALLY. 3
(I) EXECUTIVE COMMITTEE M EETINGS SHALL BE OPE N TO THE 4
PUBLIC, EXCEPT THAT THE EXEC UTIVE COMMITTEE MAY MEET IN A CLOSED , 5
NON–PUBLIC MEETING AS PR OVIDED IN SUBSECTION (F)(2) BELOW. 6
(II) THE EXECUTIVE COMMITT EE SHALL GIVE SEVEN DAYS’ 7
NOTICE OF ITS MEETIN GS, POSTED ON ITS WEBSIT E AND AS DETERMINED TO 8
PROVIDE NOTICE TO PE RSONS WITH AN INTERE ST IN THE BUSINESS O F THE 9
COMMISSION. 10
(III) THE EXECUTIVE COMMITT EE MAY HOLD A SPECIA L 11
MEETING IN ACCORDANC E WITH SUBSECTION (F)(1)(II) BELOW. 12
(E) THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER STATES 13
AN ANNUAL REPORT . 14
(F) (1) ALL MEETINGS SHALL BE OPEN TO THE PUBLIC , EXCEPT THAT 15
THE COMMISSION MAY MEET I N A CLOSED, NON–PUBLIC MEETING AS PR OVIDED IN 16
PARAGRAPH (2) OF THIS SUBSECTION B ELOW. 17
(I) PUBLIC NOTICE FOR ALL MEETINGS OF THE FULL 18
COMMISSION SHAL L BE GIVEN IN THE SA ME MANNER AS REQUIRE D UNDER THE 19
RULEMAKING PROVISION S IN SECTION 12, EXCEPT THAT THE COMMISSION MAY 20
HOLD A SPECIAL MEETI NG AS PROVIDED IN SU BPARAGRAPH (II) OF THIS 21
PARAGRAPH BELOW . 22
(II) THE COMMISSION MAY HOLD A SPECIAL MEETING WHEN IT 23
MUST MEET TO CONDUCT EMERGENCY BUSINESS B Y GIVING 48 HOURS’ NOTICE TO 24
ALL COMMISSIONERS , ON THE COMMISSION’S WEBSITE, AND OTHER MEANS AS 25
PROVIDED IN THE COMMISSION’S RULES. THE COMMISSION’S LEGAL COUNSEL 26
SHALL CERTIFY THAT T HE COMMISSION’S NEED TO MEET QUALIFIES AS AN 27
EMERGENCY . 28
(2) THE COMMISSION OR THE EXE CUTIVE COMMITTEE OR OTHER 29
COMMITTEES OF THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC 30
MEETING FOR THE COMMISSION OR EXECUTI VE COMMITTEE OR OTHE R 31
COMMITTEES OF THE COMMISSION TO RECEIVE LEGAL ADVICE OR TO DISCUSS : 32
HOUSE BILL 345 21
(I) NON–COMPLIANCE OF A MEMB ER STATE WITH ITS 1
OBLIGATIONS UNDER TH E COMPACT; 2
(II) THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER 3
MATTERS, PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES ; 4
(III) CURRENT OR THREATENED DISCIPLIN E OF A LICENSEE BY 5
THE COMMISSION OR BY A ME MBER STATE’S LICENSING AUTHORIT Y; 6
(IV) CURRENT, THREATENED , OR REASONABLY ANTICI PATED 7
LITIGATION; 8
(V) NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, 9
OR SALE OF GOODS , SERVICES, OR REAL ESTATE; 10
(VI) ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 11
CENSURING ANY PERSON ; 12
(VII) TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 13
INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL; 14
(VIII) INFORMATION OF A PERS ONAL NATURE WHERE 15
DISCLOSURE WOULD CON STITUTE A CLEARLY UNW ARRANTED INVASION OF 16
PERSONAL PRIVACY ; 17
(IX) INVESTIGATIVE RECORDS COMPILED FOR LAW 18
ENFORCEMENT PURPOSES ; 19
(X) INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 20
PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER 21
COMMITTEE CHARGED WITH R ESPONSIBILITY OF INV ESTIGATION OR 22
DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; 23
(XI) MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE BY 24
FEDERAL OR MEMBER ST ATE LAW; OR 25
(XII) OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 26
BY RULE. 27
(3) IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE 28
PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND 29
REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCES 30
SHALL BE RECORDED IN THE MINUTES. 31
22 HOUSE BILL 345
(4) THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 1
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 2
FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASONS THER EFOR, 3
INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS 4
CONSIDERED IN CONNECTION W ITH AN ACTION SHALL BE IDENTIFIED IN SUC H 5
MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN 6
UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 7
COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION . 8
(G) (1) THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 9
OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND 10
ONGOING ACTIVITIES . 11
(2) THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 12
REVENUE SOURCES , AS PROVIDED IN SUBSE CTION (C)(13) OF THIS SECTION. 13
(3) THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 14
ASSESSMENT FROM EACH MEMBER STATE AND IMP OSE FEES ON LICENSEE S OF 15
MEMBER STATES TO WHO M IT GRANTS A MULTIS TATE LICENSE TO COVE R THE COST 16
OF THE OPERATIONS AN D ACTIVITIES OF THE COMMISSION AND ITS STAFF, WHICH 17
MUST BE IN A TOTAL A MOUNT SUFFICIENT TO COVER ITS ANNUAL BUD GET AS 18
APPROVED EACH YEAR F OR WHICH REVENUE IS NOT PROVIDED BY OTHE R SOURCES. 19
THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER STATES SHAL L BE 20
ALLOCATED BASED UPON A FORMULA THAT THE COMMISSION SHALL PROM ULGATE 21
BY RULE. 22
(4) THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND 23
PRIOR TO SECURING TH E FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL THE 24
COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES , EXCEPT BY AND 25
WITH THE AUTHORITY OF THE MEMBER STATE . 26
(5) THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 27
RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISB URSEMENTS OF THE 28
COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACCOU NTING 29
PROCEDURES ESTABLISH ED UNDER I TS BYLAWS. HOWEVER, ALL RECEIPTS AND 30
DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO 31
AN ANNUAL FINANCIAL REVIEW BY A CERTIFIE D OR LICENSED PUBLIC 32
ACCOUNTANT , AND THE REPORT OF TH E FINANCIAL REVIEW S HALL BE INCLUDED IN 33
AND BECOME PART O F THE ANNUAL REPORT OF THE COMMISSION. 34
(H) (1) THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES 35
AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND 36
LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM 37
FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY O R OTHER CIVIL 38 HOUSE BILL 345 23
LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR OR 1
OMISSION THAT OCCURR ED, OR THAT THE PERSON A GAINST WHOM THE CLAI M IS 2
MADE HAD A REASONABL E BASIS FOR BELIEVIN G OCCURRED WITHIN THE SCOPE OF 3
COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED THAT 4
NOTHING IN THIS PARA GRAPH SHALL BE CONST RUED TO PROTECT ANY SUCH 5
PERSON FROM SUIT OR LIABILITY FOR ANY DA MAGE, LOSS, INJURY, OR LIABILITY 6
CAUSED BY THE INTENT IONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT 7
PERSON. THE PROCUREMENT OF IN SURANCE OF ANY TYPE BY THE COMMISSION 8
SHALL NOT IN ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED 9
HEREUNDER . 10
(2) THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 11
EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE OF TH E COMMISSION IN 12
ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 13
ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 14
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY 15
THE COMMISSION THAT THE PERS ON AGAINST WHOM THE CLAIM IS MADE HAD A 16
REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 17
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT 18
NOTHING HEREIN SHALL BE CONSTRUED TO PROH IBIT THAT PERSON FRO M 19
RETAINING THEIR OWN COUNSEL AT THEIR EXPENSE ; AND PROVIDED FURTHER , 20
THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM 21
THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT. 22
(3) THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS ANY 23
MEMBER, OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F 24
THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT OBTAI NED 25
AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR OR 26
OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 27
DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONABLE BAS IS 28
FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 29
DUTIES, OR RESPONSIBILITIES , PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 30
ERROR, OR OMISSION DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR 31
WANTON MISCONDUCT OF THAT PERSON . 32
(4) NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON 33
THE LIABILITY OF ANY LICENSEE FOR PROFESS IONAL MALPRACTICE OR 34
MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABL E 35
STATE LAWS. 36
(5) NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 37
OR OTHERWISE ABROGAT E A MEMBER STATE ’S ACTION IMMUNITY OR STATE ACTION 38
AFFIRMATIVE DEFENSE WITH RESPECT TO ANTI TRUST CLAIMS UNDER T HE 39 24 HOUSE BILL 345
SHERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE O R FEDERAL ANTITRUST OR 1
ANTICOMPETITIVE LAW OR REGULATION . 2
(6) NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 3
WAIVER OF SOVEREIGN IMMUNITY BY THE MEMB ER STATES OR BY THE 4
COMMISSION. 5
SECTION 11. DATA SYSTEM. 6
(A) THE COMMISSION SHALL PROV IDE FOR THE DEVELOPMENT , 7
MAINTENANCE , OPERATION, AND UTILIZATION OF A COORDINATED DATA SYS TEM. 8
(B) THE COMMISSION SHALL ASSI GN EACH APPLICANT FO R A MULTISTATE 9
LICENSE A UNIQUE IDE NTIFIER, AS DETERMINED BY THE RULES OF THE 10
COMMISSION. 11
(C) NOTWITHSTANDING ANY O THER PROVISION OF STATE L AW TO THE 12
CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DAT A SET TO THE DATA 13
SYSTEM ON ALL INDIVI DUALS TO WHOM THIS COMPACT IS APPLICABLE AS 14
REQUIRED BY THE RULE S OF THE COMMISSION, INCLUDING: 15
(1) IDENTIFYING INFORMATI ON; 16
(2) LICENSURE DATA ; 17
(3) ADVERSE ACTIONS AGAIN ST A LICENSE AND INF ORMATION 18
RELATED THERETO ; 19
(4) NON–CONFIDENTIAL INFORMA TION RELATED TO ALTE RNATIVE 20
PROGRAM PARTICIPATIO N, THE BEGINNING AND EN D DATES OF SUCH 21
PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PARTICIPATION N OT 22
MADE CONFIDENTIAL UN DER MEMBER STATE LAW ; 23
(5) ANY DENIAL OF APPLICA TION FOR LICENSURE , AND THE 24
REASON(S) FOR SUCH DENIAL ; 25
(6) THE PRESENCE OF CURRE NT SIGNIFICANT INVES TIGATIVE 26
INFORMATION ; AND 27
(7) OTHER INFORMATION THA T MAY FACILITATE THE 28
ADMINISTRATION OF TH IS COMPACT, AS DETERMINED BY THE RULES OF THE 29
COMMISSION. 30
HOUSE BILL 345 25
(D) THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE 1
PURSUANT TO THIS COMPACT OR THROUGH TH E DATA SYSTEM , WHEN CERTIFIED 2
BY THE COMMISSION OR AN AGEN T THEREOF, SHALL CONSTITUTE THE 3
AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE 4
ENTITLED TO ANY ASSO CIATED HEARSAY EXCEP TION IN ANY RELEVANT JUDICIAL, 5
QUASI–JUDICIAL OR ADMINIST RATIVE PROCEEDINGS I N A MEMBER STATE . 6
(E) CURRENT SIGNIFICANT I NVESTIGATIVE INFORMATION PERTAINING TO 7
A LICENSEE IN ANY ME MBER STATE WILL ONLY BE AVAILABLE TO OTHE R MEMBER 8
STATES. 9
(1) IT IS THE RESPONSIBIL ITY OF THE MEMBER ST ATES TO REPORT 10
ANY ADVERSE ACTION A GAINST A LICENSEE AN D TO MONITOR THE DAT ABASE TO 11
DETERMINE W HETHER INFORMATION P ERTAINING TO A LICEN SEE IN ANY MEMBER 12
STATE WILL BE AVAILA BLE TO ANY OTHER MEM BER STATE. 13
(F) MEMBER STATES CONTRIB UTING INFORMATION TO THE DATA SYSTEM 14
MAY DESIGNATE INFORM ATION THAT MAY NOT B E SHARED WITH THE PU BLIC 15
WITHOUT THE EXPRES S PERMISSION OF THE CONTRIBUTING STATE . 16
(G) ANY INFORMATION SUBMI TTED TO THE DATA SYS TEM THAT IS 17
SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERA L LAW OR THE LAWS OF THE 18
MEMBER STATE CONTRIB UTING THE INFORMATIO N SHALL BE REMOVED F ROM THE 19
DATA SYSTEM. 20
SECTION 12. RULEMAKING. 21
(A) THE COMMISSION SHALL PROM ULGATE REASONABLE RU LES IN ORDER 22
TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER THE P URPOSES 23
AND PROVISIONS OF TH E COMPACT. A RULE SHALL BE INVALI D AND HAVE NO FORCE 24
OR EFFECT ONLY IF A COURT OF COMPE TENT JURISDICTION HO LDS THAT THE RULE 25
IS INVALID BECAUSE T HE COMMISSION EXERCISED ITS RULEMAKING AUTHO RITY IN 26
A MANNER THAT IS BEY OND THE SCOPE AND PU RPOSES OF THE COMPACT, OR THE 27
POWERS GRANTED HEREU NDER, OR BASED UPON ANOTHE R APPLICABLE STANDAR D 28
OF REVIEW. 29
(B) THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN 30
EACH MEMBER STATE , PROVIDED HOWEVER THA T WHERE THE RULES OF THE 31
COMMISSION CONFLICT W ITH THE LAWS OF THE MEMBER STATE THAT ES TABLISH 32
THE MEMBER STATE ’S LAWS, REGULATIONS , AND APPLICABLE ST ANDARDS THAT 33
GOVERN THE PRACTICE OF SOCIAL WORK AS HELD BY A COURT O F COMPETENT 34
JURISDICTION, THE RULES OF THE COMMISSION SHALL BE I NEFFECTIVE IN THAT 35
STATE TO THE EXTENT OF THE CONFLICT . 36
26 HOUSE BILL 345
(C) THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 1
PURSUANT T O THE CRITERIA SET F ORTH IN THIS SECTION AND THE RULES ADOPTE D 2
THEREUNDER . RULES SHALL BECOME BI NDING AS ON THE DAY FOLLOWING 3
ADOPTION OR THE DATE SPECIFIED IN THE RUL E OR AMENDMENT , WHICHEVER IS 4
LATER. 5
(D) IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 6
REJECTS A RULE OR PO RTION OF A RULE , BY ENACTMENT OF A ST ATUTE OR 7
RESOLUTION IN THE SA ME MANNER USED TO AD OPT THE COMPACT WITHIN FOUR 8
YEARS OF THE DATE OF ADOPTION OF THE RULE , THEN SUCH RULE SHALL HAVE NO 9
FURTHER FORCE AND EF FECT IN ANY MEMBER S TATE. 10
(E) RULES SHALL BE ADOPTE D AT A REGULAR OR SP ECIAL MEETING OF THE 11
COMMISSION. 12
(F) PRIOR TO ADOPTION OF A PROPOSED RULE , THE COMMISSION SHALL 13
HOLD A PUBLIC HEARIN G AND ALLOW PERSONS TO PROVIDE ORAL AND WRITTEN 14
COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS . 15
(G) PRIOR TO ADOPTION OF A PROPOSED RULE BY T HE COMMISSION, AND 16
AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION WILL 17
HOLD A PUBLIC HEARIN G ON THE PROPOSED RU LE, THE COMMISSION SHALL 18
PROVIDE A NOTICE OF PROPOSED RULEMAKING : 19
(1) ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY 20
ACCESSIBLE PLATFORM ; 21
(2) TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE 22
COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND 23
(3) IN SUCH OTHER WAY (S) AS THE COMMISSION MAY BY RUL E 24
SPECIFY. 25
(H) THE NOTICE OF PROPOSED RU LEMAKING SHALL INCLU DE: 26
(1) THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT 27
WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON T HE PROPOSED RULE , 28
AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE 29
COMMISSION WILL CONSIDER AND VOTE ON THE PROPOSED RULE; 30
(2) IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO 31
CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE 32
THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED 33
RULEMAKING ; 34 HOUSE BILL 345 27
(3) THE TEXT OF THE PROPO SED RULE AND THE REA SON THEREFOR ; 1
(4) A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY 2
INTERESTED PERSON ; AND 3
(5) THE MANNER IN WHICH I NTERESTED PERSONS MA Y SUBMIT 4
WRITTEN COMMENTS . 5
(I) ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDIN G AND 6
ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN 7
RESPONSE TO THE PROP OSED RULE SHALL BE M ADE AVAILABLE TO THE PUBLIC. 8
(J) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D AS REQUIRING A 9
SEPARATE HEARING ON EACH RULE . RULES MAY BE GROUPED FOR THE 10
CONVENIENCE OF THE COMMISSION AT HEARING S REQUIRED BY THIS S ECTION. 11
(K) THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL MEMBERS , TAKE 12
FINAL ACTION ON THE PROPOSED RULE BASED ON THE RULEMAKING RE CORD AND 13
THE FULL TEXT OF THE RULE. 14
(1) THE COMMISSION MAY ADOPT CHANGES TO THE PROPO SED RULE 15
PROVIDED THE CHANGES DO NOT ENLARGE THE O RIGINAL PURPOSE OF T HE 16
PROPOSED RULE . 17
(2) THE COMMISSION SHALL PROV IDE AN EXPLANATION O F THE 18
REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RUL E AS WELL AS 19
REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDE D BY 20
COMMENTERS . 21
(3) THE COMMISSION SHALL DETE RMINE A REASONABLE E FFECTIVE 22
DATE FOR THE RULE . EXCEPT FOR AN EMERGEN CY AS PROVIDED IN SECTION 12(L), 23
THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOONER T HAN 30 DAYS AFTER 24
ISSUING THE NOTICE T HAT IT ADOPTED OR AM ENDED THE RULE . 25
(L) UPON DETERMINATION TH AT AN EMERGENCY EXIS TS, THE 26
COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 48 HOURS’ 27
NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE USUAL 28
RULEMAKING PROCEDURE S PROVIDED IN THE COMPACT AND IN THIS S ECTION 29
SHALL BE RETROACTIVE LY APPLIED TO THE RU LE AS SOON AS REASON ABLY 30
POSSIBLE, IN NO EVENT LATER TH AN 90 DAYS AFTER THE EFFEC TIVE DATE OF THE 31
RULE. FOR THE PURPOSES OF T HIS PROVISION, AN EMERGENCY RULE IS ONE THAT 32
MUST BE ADOPTED IMME DIATELY IN ORDER TO : 33
28 HOUSE BILL 345
(1) MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 1
WELFARE; 2
(2) PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 3
(3) MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS 4
ESTABLISHED BY FEDER AL LAW OR RULE ; OR 5
(4) PROTECT PUBLIC HEALTH AND SAFETY. 6
(M) THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE 7
COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE F OR 8
PURPOSES OF CORRECTI NG TYPOGRAPHICAL ERR ORS, ERRORS IN FORMAT , 9
ERRORS IN CONSISTENC Y, OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY 10
REVISIONS SHALL BE P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION 11
SHALL BE SUBJECT TO CHALLENGE BY ANY PER SON FOR A PERIOD OF 30 DAYS 12
AFTER POSTING . THE REVISION MAY BE CHALLENGED ONLY ON GROUNDS THAT THE 13
REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE 14
MADE IN WRITING AND DELIVERED TO THE COMMISSION PRIOR TO T HE END OF THE 15
NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TA KE EFFECT 16
WITHOUT FURTHER ACTI ON. IF THE REVISION IS CH ALLENGED, THE REVISION MAY 17
NOT TAKE EFFECT WITH OUT THE APPROVAL OF THE COMMISSION. 18
(N) NO MEMBER STATE ’S RULEMAKING REQUIRE MENTS SHALL APPLY 19
UNDER THIS COMPACT. 20
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND 21
ENFORCEMENT. 22
(A) (1) THE EXECUTIVE AND JUD ICIAL BRANCHES OF ST ATE 23
GOVERNMENT IN EACH M EMBER STATE SHALL EN FORCE THIS COMPACT AND TAKE 24
ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT. 25
(2) EXCEPT AS OTHERWISE P ROVIDED IN THIS COMPACT, VENUE IS 26
PROPER AND JUDICIAL PROCEEDINGS BY OR AG AINST THE COMMISSION SHALL BE 27
BROUGHT SOLELY AND E XCLUSIVELY IN A COUR T OF COMPETENT JURIS DICTION 28
WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED . THE 29
COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES TO THE EXTENT 30
IT ADOPTS OR CONSENT S TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION 31
PROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMIT THE SELECTION OR 32
PROPRIETY OF VENUE I N ANY ACTION AGAINST A LICENSEE FOR PROFE SSIONAL 33
MALPRACTICE , MISCONDUCT OR A NY SUCH SIMILAR MATT ER. 34
HOUSE BILL 345 29
(3) THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 1
PROCESS IN ANY SUCH PROCEEDING REGARDING THE ENFORCEMENT OR 2
INTERPRETATION OF TH E COMPACT, AND SHALL HAVE STAND ING TO INTERVENE IN 3
SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE THE COMMISSION 4
SERVICE OF PROCESS R ENDERS A JUDGMENT OR ORDER VOID AS TO THE 5
COMMISSION, THE COMPACT, OR PROMULGATED RULES . 6
(B) (1) IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 7
DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RE SPONSIBILITIES 8
UNDER THIS COMPACT OR THE PROMUL GATED RULES , THE COMMISSION SHALL 9
PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 10
SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT , 11
AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 12
TRAINING AND SPECIFI C TECHNICAL ASSISTAN CE REGARDING THE DEF AULT. 13
(2) THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF 14
DEFAULT TO THE OTHER MEMBER STATES . 15
(C) IF A STATE IN DEFAULT FAILS TO CURE THE DE FAULT, THE DEFAULTING 16
STATE MAY BE TERMINA TED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF 17
A MAJORITY OF THE DE LEGATES OF THE MEMBE R STATES, AND ALL RIGHTS , 18
PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS COMPACT MAY BE 19
TERMINATED ON THE EF FECTIVE DATE OF TERM INATION. A CURE OF THE DEFAULT 20
DOES NOT RELIEVE THE OFFENDING STATE OF O BLIGATIONS OR LIABIL ITIES 21
INCURRED DURING THE PERIOD OF DEFAULT . 22
(D) TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 23
ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BE EN 24
EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 25
THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 26
THE DEFAULTING STATE ’S LEGISLATURE , THE DEFAULTING STATE ’S STATE 27
LICENSING AUTHORITY , AND EACH OF THE MEMB ER STATE S’ LICENSING 28
AUTHORITY. 29
(E) A STATE THAT HAS BEEN TERMINATED IS RESPON SIBLE FOR ALL 30
ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 31
EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 32
BEYOND THE EFFECTIVE DATE OF TERMINATION . 33
(F) UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS 34
COMPACT, THAT STATE SHALL IMM EDIATELY PROVIDE NOT ICE TO ALL LICENSEES 35
WITHIN THAT STATE OF SUCH TERMINATION . THE TERMINATED STATE SHALL 36
CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT 37
FOR A MINIMUM OF SIX MONTHS AFTER THE DAT E OF SAID NOTICE OF TERMINATION . 38 30 HOUSE BILL 345
(G) THE COMMISSION MAY NOT BE AR ANY COSTS RELATED TO A STATE 1
THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE 2
COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN THE COMMISSION AND THE 3
DEFAULTING STATE . 4
(H) THE DEFAULTING STATE MAY APPEAL THE ACTIO N OF THE COMMISSION 5
BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR 6
THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES . 7
THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGA TION, 8
INCLUDING REASONABLE ATTORNEY’S FEES. 9
(I) (1) UPON REQUEST BY A MEM BER STATE, THE COMMISSION SHALL 10
ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG 11
MEMBER STATES AND BETWEEN MEMBER AND N ON–MEMBER STATES . 12
(2) THE COMMISSION SHALL PROM ULGATE A RULE PROVID ING FOR 13
BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S 14
APPROPRIATE . 15
(J) (1) BY MAJORITY VOTE AS P ROVIDED BY RULE , THE COMMISSION 16
MAY INITIATE LEGAL A CTION AGAINST A MEMB ER STATE IN DEFAULT IN THE 17
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE 18
FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 19
ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 20
PROMULGATED RUL ES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 21
RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 22
PREVAILING MEMBER SH ALL BE AWARDED ALL C OSTS OF SUCH LITIGAT ION, 23
INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN S HALL NOT BE 24
THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE 25
ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAULTING MEMBER 26
STATE’S LAW. 27
(2) A MEMBER STATE MAY INI TIATE LEGAL ACTION A GAINST THE 28
COMMISSION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR 29
THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 30
ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 31
PROMULGATED RULES . THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 32
RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE 33
PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATI ON, 34
INCLUDING REASONABLE ATTORNEY’S FEES. 35
(3) NO PERSON OTHER THAN A MEMBER STATE SHALL ENFORCE THIS 36
COMPACT AGAINST THE COMMISSION. 37 HOUSE BILL 345 31
SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 1
(A) THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE 2
COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STA TE. 3
(1) ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE 4
COMMISSION SHALL CONV ENE AND RE VIEW THE ENACTMENT O F EACH OF THE 5
FIRST SEVEN MEMBER S TATES (“CHARTER MEMBER STATE S”) TO DETERMINE IF 6
THE STATUTE ENACTED BY EACH SUCH CHARTER MEMBER STATE IS MATE RIALLY 7
DIFFERENT THAN THE M ODEL COMPACT STATUTE . 8
(I) A CHARTER MEMBER STATE WHOSE ENACTME NT IS FOUND 9
TO BE MATERIALLY DIF FERENT FROM THE MODE L COMPACT STATUTE SHALL BE 10
ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN SECTION 13. 11
(II) IF ANY MEMBER STATE I S LATER FOUND TO BE IN DEFAULT, 12
OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL 13
REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E 14
NUMBER OF MEMBER STA TES SHOULD BE LESS T HAN SEVEN. 15
(2) MEMBER STATES ENACTIN G THE COMPACT SUBSEQUENT TO THE 16
SEVEN INITIAL CHARTE R MEMBER STATES SHAL L BE SUBJECT TO THE PROCESS SET 17
FORTH IN SECTION 10(C)(21) TO DETERMINE IF THEI R ENACTMENTS ARE 18
MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE AND W HETHER 19
THEY QUALIFY FOR PAR TICIPATION IN THE COMPACT. 20
(3) ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 21
IN FURTHERANCE OF THE P URPOSES OF THE ADMIN ISTRATION OF THE COMPACT 22
PRIOR TO THE EFFECTI VE DATE OF THE COMPACT OR THE COMMISSION COMING 23
INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION 24
UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 25
(4) ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO THE 26
COMMISSION’S INITIAL ADOPTION O F THE RULES SHALL BE SUBJECT TO THE RULES 27
AND BYLAWS AS THEY E XIST ON THE DATE ON WHICH THE COMPACT BECOMES LAW 28
IN THAT STATE . ANY RULE THAT HAS BEE N PREVIOUSLY ADOPTED BY THE 29
COMMISSION SHALL HAVE THE FULL FORCE AND E FFECT OF LAW ON THE DAY THE 30
COMPACT BECOMES LAW I N THAT STATE. 31
(B) ANY MEMBER STATE MAY WITHDRAW FROM THE COMPACT BY 32
ENACTING A STATUTE R EPEALING THE SAME . 33
32 HOUSE BILL 345
(1) A MEMBER STATE ’S WITHDRAWAL SHALL N OT TAKE EFF ECT 1
UNTIL 180 DAYS AFTER ENACTMENT OF THE REPEALING STA TUTE. 2
(2) WITHDRAWAL SHALL NOT AFFECT THE CONTINUIN G 3
REQUIREMENT OF THE W ITHDRAWING STATE ’S LICENSING AUTHORIT Y TO COMPLY 4
WITH THE INVESTIGATI VE AND ADVERSE ACTIO N REPORTING REQUIREM ENTS OF 5
THIS ACT PRIOR TO THE EFFECTI VE DATE OF WITHDRAWA L. 6
(3) UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM THIS 7
COMPACT, A STATE SHALL IMMEDI ATELY PROVIDE NOTICE OF SUCH WITHDRAWAL 8
TO ALL LICENSEES WIT HIN THAT STATE . NOTWITHSTANDING ANY S UBSEQUENT 9
STATUTORY ENACT MENT TO THE CONTRARY , SUCH WITHDRAWING STA TE SHALL 10
CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT 11
FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF SUCH NOTICE OF WI THDRAWAL. 12
(C) NOTHING CONTAINED IN THIS COMPACT SHALL BE CONS TRUED TO 13
INVALIDATE OR PREVENT AN Y SOCIAL WORK LICENS URE AGREEMENT OR OTH ER 14
COOPERATIVE ARRANGEM ENT BETWEEN A MEMBER STATE AND A NON –MEMBER 15
STATE THAT DOES NOT CONFLICT WITH THE PR OVISIONS OF THIS COMPACT. 16
(D) THIS COMPACT MAY BE AMENDE D BY THE MEMBER STAT ES. NO 17
AMENDMENT TO THE COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON ANY 18
MEMBER STATE UNTIL I T IS ENACTED INTO TH E LAWS OF ALL MEMBER STATES. 19
SECTION 15. CONSTRUCTION AND SEVERABILITY. 20
(A) THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 21
SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE PURPOSES , AND THE 22
IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 23
COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F RULES 24
SHALL NOT BE CONSTRU ED TO LIMIT THE COMMISSION’S RULEMAKI NG AUTHORITY 25
SOLELY FOR THOSE PUR POSES. 26
(B) THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY 27
PHRASE, CLAUSE, SENTENCE OR PROVISIO N OF THIS COMPACT IS HELD BY A COURT 28
OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY 29
MEMBER S TATE, A STATE SEEKING PART ICIPATION IN THE COMPACT, OR OF THE 30
UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVER NMENT, AGENCY, 31
PERSON OR CIRCUMSTAN CE IS HELD TO BE UNC ONSTITUTIONAL BY A C OURT OF 32
COMPETENT JURISDICTI ON, THE VALIDITY OF THE REMAINDER O F THE COMPACT 33
AND THE APPLICABILIT Y THEREOF TO ANY GOV ERNMENT, AGENCY, PERSON, OR 34
CIRCUMSTANCE SHALL N OT BE AFFECTED THERE BY. 35
HOUSE BILL 345 33
(C) NOTWITHSTANDING SUBSE CTION (B) OF THIS SECTION , THE 1
COMMISSION MAY DENY A STATE’S PARTICIPATION IN T HE COMPACT OR , IN 2
ACCORDANCE WITH THE REQUIR EMENTS OF SECTION 13(B), TERMINATE A MEMBER 3
STATE’S PARTICIPATION IN T HE COMPACT, IF IT DETERMINES THA T A 4
CONSTITUTIONAL REQUI REMENT OF A MEMBER S TATE IS A MATERIAL D EPARTURE 5
FROM THE COMPACT. OTHERWISE, IF THIS COMPACT SHALL BE HELD TO BE 6
CONTRARY TO THE CONS TITUTION OF ANY MEMB ER STATE, THE COMPACT SHALL 7
REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STA TES AND 8
IN FULL FORCE AND EF FECT AS TO THE MEMBE R STATE AFFECTED AS TO ALL 9
SEVERABLE MATTERS . 10
SECTION 16. BINDING EFFECT OF COMPACT AND OTHER LAWS. 11
(A) A LICENSEE PROVIDING S ERVICES IN A REMOTE STATE UNDER A 12
MULTISTATE AUTHORIZA TION TO PRACTICE SHA LL ADHERE TO THE LAW S AND 13
REGULATIONS , INCLUDING LAWS , REGULATIONS , AND APPLICABLE STAND ARDS, OF 14
THE REMOTE STATE WHE RE THE CLI ENT IS LOCATED AT TH E TIME CARE IS 15
RENDERED. 16
(B) NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF 17
ANY OTHER LAW OF A M EMBER STATE THAT IS NOT INCONSISTENT WIT H THE 18
COMPACT. 19
(C) ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 20
REQUIREMENTS IN A MEMBER STATE IN CONF LICT WITH THE COMPACT ARE 21
SUPERSEDED TO THE EX TENT OF THE CONFLICT . 22
(D) ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 23
MEMBER STATES ARE BI NDING IN ACCORDANCE WITH THEIR TERMS . 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 25
enacting of substantially similar legislation in six other states. The Maryland Department 26
of Health shall notify the Department of Legislative Services within 10 days after six states 27
have enacted legislation that is substantially similar to this Act. 28
SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 29
Act, this Act shall take effect October 1, 2025. 30