EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0345*
HOUSE BILL 345
J2 5lr1336
HB 34/24 – HGO CF SB 174
By: Delegates Kerr and Woods, Woods, Alston, Bagnall, Bhandari, Cullison,
Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Lopez, Martinez,
Pena–Melnyk, White Holland, and Woorman
Introduced and read first time: January 13, 2025
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 11, 2025
CHAPTER ______
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
2 HOUSE BILL 345
19–3A–01. 1
THE SOCIAL WORK LICENSURE COMPACT IS ENACTED IN TO LAW AND 2
ENTERED INTO WITH AL L OTHER STATES LEGAL LY JOINING IN IT IN THE FORM 3
SUBSTANTIALLY AS IT APPEARS IN THIS SECT ION AS FOLLOWS : 4
SECTION 1. PURPOSE. 5
THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE INTERSTATE PRACT ICE 6
OF REGULATED SOCIAL WORKERS BY IMPROVING PUBLIC ACCESS TO COM PETENT 7
SOCIAL WORK SERVICES . THE COMPACT PRESERVES THE REGULATORY AUTHO RITY 8
OF STATES TO PROTECT PUBLIC HEALTH AND SA FETY THROUGH THE CUR RENT 9
SYSTEM OF STATE LICE NSURE. THIS COMPACT IS DESIGNED T O ACHIEVE THE 10
FOLLOWING OBJECTIVES : 11
(1) INCREASE PUBLIC ACCES S TO SOCIAL WORKERS ; 12
(2) REDUCE OVERLY BURDEN SOME AND DUPLICATIVE 13
REQUIREMENTS ASSOCIA TED WITH HOLDING MUL TIPLE LICENSES; 14
(3) ENHANCE THE MEMBER ST ATES’ ABILITY TO PROTECT T HE 15
PUBLIC’S HEALTH AND SAFETY ; 16
(4) ENCOURAGE THE COOPERA TION OF MEMBER STATE S IN 17
REGULATING MULTISTAT E PRACTICE; 18
(5) PROMOTE MOBILITY AND A DDRESS WORKFORCE SHO RTAGES BY 19
ELIMINATING THE NECE SSITY FOR LICENSES I N MULTIPLE STATES BY PROVIDING 20
FOR THE MUTUAL RECOG NITION OF OTHER MEMB ER STATE LICENSES ; 21
(6) SUPPORT MILITARY FAMI LIES; 22
(7) FACILITATE THE EXCHAN GE OF LICENSUR E AND DISCIPLINARY 23
INFORMATION AMONG ME MBER STATES; 24
(8) AUTHORIZE ALL MEMBER STATES TO HOLD A REG ULATED SOCIAL 25
WORKER ACCOUNTABLE F OR ABIDING BY A MEMB ER STATE’S LAWS, REGULATIONS , 26
AND APPLICABLE PROFE SSIONAL STANDARDS IN THE MEMBER STATE IN WHICH THE 27
CLIENT IS LOCATED AT THE TIME CARE IS REN DERED; AND 28
(9) ALLOW THE USE OF TELE HEALTH TO FACILITATE INCREASED 29
ACCESS TO REGULATED SOCIAL WORK SERVICES . 30
SECTION 2. DEFINITIONS. 31 HOUSE BILL 345 3
AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE 1
FOLLOWING DEFINITIONS SHALL AP PLY: 2
(1) “ACTIVE MILITARY MEMBE R” MEANS ANY INDIVIDUAL WITH 3
FULL–TIME DUTY STATUS IN THE ACTIVE ARMED FOR CES OF THE UNITED STATES, 4
INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE. 5
(2) “ADVERSE ACTION ” MEANS ANY ADMINISTRA TIVE, CIVIL, 6
EQUITABLE, OR CRIMINAL ACTION P ERMITTED BY A STATE ’S LAWS WHICH IS 7
IMPOSED BY A LICENSI NG AUTHORITY OR OTHE R AUTHORITY AGAINST A 8
REGULATED SOCIAL WOR KER, INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S 9
LICENSE OR MULTISTAT E AUTHORIZATION TO P RACTICE SUCH AS REVOCATION , 10
SUSPENSION, PROBATION, MONITORING OF THE LI CENSEE, LIMITATION ON THE 11
LICENSEE’S PRACTICE, OR ANY OTHER ENCUMBR ANCE ON LICENSURE AF FECTING A 12
REGULATED SOCIAL WOR KER’S AUTHORIZATION TO P RACTICE, INCLUDING 13
ISSUANCE OF A CEASE AND DESIST ACTION . 14
(3) “ALTERNATIVE PROGRAM ” MEANS A NON –DISCIPLINARY 15
MONITORING OR PRACTI CE REMEDIATION PROCE SS APPROVED BY A LIC ENSING 16
AUTHORITY TO ADDRESS PRACTITIONERS WITH A N IMPAIRMENT . 17
(4) “CHARTER MEMBER STATES ” MEANS MEMBER STATES WHO HAVE 18
ENACTED LEGISLATIO N TO ADOPT THIS COMPACT WHERE SUCH LE GISLATION 19
PREDATES THE EFFECTI VE DATE OF THIS COMPACT AS DESCRIBED IN SECTION 14. 20
(5) “COMPACT COMMISSION ” OR “COMMISSION” MEANS THE 21
GOVERNMENT AGENCY WH OSE MEMBERSHIP CONSI STS OF ALL STATES TH AT HAVE 22
ENACTED THIS COMPACT, WHICH IS KNOWN AS TH E SOCIAL WORK LICENSURE 23
COMPACT COMMISSION, AS DESCRIBED IN SECTION 10, AND WHICH SHALL 24
OPERATE AS AN INSTRU MENTALITY OF THE MEM BER STATES. 25
(6) “CURRENT SIGNIFICANT I NVESTIGATIVE INFORMA TION” MEANS: 26
(I) INVESTIGATIVE INFOR MATION THAT A LICENS ING 27
AUTHORITY, AFTER A PRELIMINARY INQUIRY THAT INCLUDE S NOTIFICATION AND 28
AN OPPORTUNITY FOR T HE REGULATED SOCIAL WORKER TO RESPOND HA S REASON 29
TO BELIEVE IS NOT GR OUNDLESS AND , IF PROVED TRUE , WOULD INDICATE MORE 30
THAN A MINOR INFRACT ION AS MAY BE DEFINED BY THE COMMISSION; OR 31
(II) INVESTIGATIVE INFORMA TION THAT INDICATES THAT THE 32
REGULATED SOCIAL WOR KER REPRESENTS AN IM MEDIATE THREAT TO PU BLIC 33
HEALTH AND SAFETY , AS MAY BE DEFINED BY THE COMMISSION, REGARDLESS OF 34 4 HOUSE BILL 345
WHETHER THE REGULATE D SOCIAL WORKER HAS BE EN NOTIFIED AND HAS HAD AN 1
OPPORTUNITY TO RESPO ND. 2
(7) “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT 3
LICENSEES, INCLUDING CONTINUING EDUCATION, EXAMINATION , LICENSURE, 4
CURRENT SIGNIFICANT INVESTIGATIVE INFORM ATION, DISQUALIFYING EVENT, 5
MULTISTATE LICENSE , AND ADVERSE ACTION I NFORMATION OR OTHER 6
INFORMATION AS REQUI RED BY THE COMMISSION. 7
(8) “DISQUALIFYING EVENT ” MEANS ANY ADVERSE AC TION OR 8
INCIDENT WHICH RESUL TS IN AN ENCUMBRANCE THAT DISQUALIFIES OR MAKES 9
THE LICENSEE INE LIGIBLE TO OBTAIN , RETAIN, OR RENEW A MULTISTAT E LICENSE. 10
(9) “DOMICILE” MEANS THE JURISDICTI ON IN WHICH THE LICE NSEE 11
RESIDES AND INTENDS TO REMAIN INDEFINITE LY. 12
(10) “ENCUMBRANCE ” MEANS A REVOCATION O R SUSPENSION OF , OR 13
ANY LIMITATION ON , THE FULL AND UNRESTRICTED PRA CTICE OF SOCIAL WORK 14
LICENSED AND REGULAT ED BY A LICENSING AU THORITY. 15
(11) “EXECUTIVE COMMITTEE ” MEANS A GROUP OF DEL EGATES 16
ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWER S 17
GRANTED TO THEM BY , THE COMPACT AND COMMISSION. 18
(12) “HOME STATE ” MEANS THE MEMBER STA TE THAT IS THE 19
LICENSEE’S PRIMARY DOMICILE . 20
(13) “IMPAIRMENT ” MEANS A CONDITION TH AT MAY IMPAIR A 21
PRACTITIONER ’S ABILITY TO ENGAGE IN FULL AND UNRESTRI CTED PRACTICE AS A 22
REGULATED SOCIAL WOR KER WITHOUT SOME TY PE OF INTERVENTION A ND MAY 23
INCLUDE ALCOHOL AND DRUG DEPENDENCE , MENTAL HEALTH IMPAIR MENT, AND 24
NEUROLOGICAL OR PHYS ICAL IMPAIRMENTS . 25
(14) “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A 26
LICENSE FROM A STATE TO PRACTICE AS A REG ULATED SOCIAL WORKER . 27
(15) “LICENSING AUTHORITY ” MEANS THE BOARD OR A GENCY OF A 28
MEMBER STATE , OR EQUIVALENT , THAT IS RESPONSIBLE FOR THE LICENSING AN D 29
REGULATION OF REGULA TED SOCIAL WORKERS . 30
(16) “MEMBER STATE ” MEANS A STATE , COMMONWEALTH , DISTRICT, 31
OR TERRITORY OF THE UNITED STATES OF AMERICA THAT HAS ENAC TED THIS 32
COMPACT. 33
HOUSE BILL 345 5
(17) “MULTISTATE AUTHORIZAT ION TO PRACTICE ” MEANS A LEGALLY 1
AUTHORIZED PRIVILEGE TO PRACTICE , WHICH IS EQUIVALENT TO A LICENSE , 2
ASSOCIATED WITH A MU LTISTATE LICENSE PER MITTING THE PRACTICE OF SOCIAL 3
WORK IN A REMOTE STA TE. 4
(18) “MULTISTATE LICENSE ” MEANS A LICENSE TO P RACTICE AS A 5
REGULATED SOCIAL WOR KER ISSUED BY A HOME STATE LICENSING AUTH ORITY 6
THAT AUTHORIZES THE REGULATED SOCIAL WOR KER TO PRACTICE IN A LL MEMBER 7
STATES UNDER MULTIST ATE AUTHORI ZATION TO PRACTICE . 8
(19) “QUALIFYING NATIONAL E XAM” MEANS A NATIONAL LIC ENSING 9
EXAMINATION APPROVED BY THE COMMISSION. 10
(20) “REGULATED SOCIAL WORK ER” MEANS ANY CLINICAL , MASTER’S, 11
OR BACHELOR ’S SOCIAL WORKER LICE NSED BY A MEMBER STA TE REGARDLESS OF 12
THE TITLE USED BY THA T MEMBER STATE . 13
(21) “REMOTE STATE ” MEANS A MEMBER STATE OTHER THAN THE 14
HOME STATE. 15
(22) “RULE” OR “RULE OF THE COMMISSION” MEANS A REGULATION 16
DULY PROMULGATED BY THE COMMISSION, AS AUTHORIZED BY THI S COMPACT, 17
THAT HAS THE FORCE O F LAW. 18
(23) “SINGLE STATE LICENSE ” MEANS A SOCIAL WORK LICENSE 19
ISSUED BY ANY STATE THAT AUTHORIZES PRAC TICE ONLY WITHIN THE ISSUING 20
STATE AND DOES NOT I NCLUDE MULTISTATE AU THORIZATION TO PRACT ICE IN ANY 21
MEMBER STATE . 22
(24) “SOCIAL WORK ” OR “SOCIAL WORK SERVICES ” MEANS THE 23
APPLICATION OF SOCIA L WORK THEORY , KNOWLEDGE , METHODS, ETHICS, AND THE 24
PROFESSIONAL USE OF SELF TO RESTORE OR E NHANCE SOCIAL , PSYCHOSOCIAL , OR 25
BIOPSYCHOSOCIAL FUNC TIONING OF INDIVIDUA LS, COUPLES, FAMILIES, GROUPS, 26
ORGANIZATIONS , AND COMMUNITIES THROUG H THE CARE AND SERVI CES PROVIDED 27
BY A REGULATED SOCIA L WORKER AS SET FORT H IN THE MEMBER STAT E’S 28
STATUTES AND REGULAT IONS IN THE STATE WH ERE THE SERVICES ARE BEING 29
PROVIDED. 30
(25) “STATE” MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR 31
TERRITORY OF THE UNITED STATES OF AMERICA THAT REGULATE S THE PRACTICE 32
OF SOCIAL WORK . 33
6 HOUSE BILL 345
(26) “UNENCUMBERED LICENSE ” MEANS A LICENSE THAT 1
AUTHORIZES A REGULAT ED SOCIAL WORKER TO ENGAGE IN THE FULL A ND 2
UNRESTRICTED PRACTIC E OF SOCIAL WORK . 3
SECTION 3. STATE PARTICIPATION IN THE COMPACT. 4
(A) TO BE ELIGIBLE TO PAR TICIPATE IN THE COMPACT, A POTENTIAL 5
MEMBER STATE MUST CU RRENTLY MEET ALL OF THE FOLLOWING CRITER IA: 6
(1) LICENSE AND REGULATE SOCIAL WORK AT EITHE R THE CLINICAL, 7
MASTER’S OR BACHELOR ’S CATEGORY; 8
(2) REQUIRE APPLICANTS FO R LICENSURE TO GRADU ATE FROM A 9
PROGRAM THAT : 10
(I) IS OPERATED BY A COLL EGE OR UNIVERSITY RE COGNIZED 11
BY THE LICENSING AUT HORITY; 12
(II) IS ACCREDITED , OR IN CANDIDACY BY A N INSTITUTION 13
THAT SUBSEQUENTLY BE COMES ACCREDITED , BY AN ACCREDITING AGENC Y 14
RECOGNIZED BY EITHER : 15
1. THE COUNCIL FOR HIGHER EDUCATION 16
ACCREDITATION OR ITS SUCCESSOR; OR 17
2. THE UNITED STATES DEPARTMENT OF EDUCATION; 18
AND 19
(III) CORRESPONDS TO THE LI CENSURE SOUGHT AS OU TLINED 20
IN SECTION 4; 21
(3) REQUIRE APPLICANTS FO R CLINICAL LICENSURE TO COMPLETE A 22
PERIOD OF SUPERVISED PRACTICE; AND 23
(4) HAVE A MECHANISM IN P LACE FOR RECEIVING , INVESTIGATING , 24
AND ADJUDICATING COM PLAINTS ABOUT LICENS EES. 25
(B) TO MAINTAIN MEMBERSHI P IN THE COMPACT A MEMBER STATE SHALL: 26
(1) REQUIRE THAT APPLICAN TS FOR A MULTISTATE LICENSE PASS A 27
QUALIFYING NATIONAL EXAM FOR THE CORRESP ONDING CATEGORY OF 28
MULTISTATE LICENSE S OUGHT AS OUTLINED IN SECTION 4; 29
HOUSE BILL 345 7
(2) PARTICIPATE FULLY IN THE COMMISSION’S DATA SYSTEM , 1
INCLUDING U SING THE COMMISSION’S UNIQUE IDENTIFIER AS DEFINED IN RULES ; 2
(3) NOTIFY THE COMMISSION, IN COMPLIANCE WITH T HE TERMS OF 3
THE COMPACT AND RULES , OF ANY ADVERSE ACTIO N OR THE AVAILABILIT Y OF 4
CURRENT SIGNIFICANT INVESTIGATIVE INFORM ATION REGARDING A LI CENSEE; 5
(4) IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL 6
HISTORY RECORDS OF A PPLICANTS FOR A MULT ISTATE LICENSE . SUCH 7
PROCEDURES SHALL INC LUDE THE SUBMISSION OF FINGERPRINTS OR O THER 8
BIOMETRIC–BASED INFORMATION BY APPLICANTS FOR THE P URPOSE OF 9
OBTAINING AN APPLICANT ’S CRIMINAL HISTORY R ECORD INFORMATION FR OM THE 10
FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE F OR 11
RETAINING THAT STATE ’S CRIMINAL RECORDS ; 12
(5) COMPLY WITH THE RULES OF THE COMMISSION; 13
(6) REQUIRE AN APPLICANT TO OBTAIN OR R ETAIN A LICENSE IN T HE 14
HOME STATE AND MEET THE HOME STATE ’S QUALIFICATIONS FOR LICENSURE OR 15
RENEWAL OF LICENSURE , AS WELL AS ALL OTHER APPLICABLE HOME STAT E LAWS; 16
(7) AUTHORIZE A LICENSEE HOLDING A MULTISTATE LICENSE IN ANY 17
MEMBER STATE TO PRAC TICE IN ACCORDANCE WITH THE T ERMS OF THE COMPACT 18
AND RULES OF THE COMMISSION; AND 19
(8) DESIGNATE A DELEGATE TO PARTICIPATE IN TH E COMMISSION 20
MEETINGS. 21
(C) A MEMBER STATE MEETING THE REQUIREMENTS OF SECTIONS 3(A) AND 22
3(B) OF THIS COMPACT SHALL DESIGNA TE THE CATE GORIES OF SOCIAL WOR K 23
LICENSURE THAT ARE E LIGIBLE FOR ISSUANCE OF A MULTISTATE LICE NSE FOR 24
APPLICANTS IN SUCH M EMBER STATE . TO THE EXTENT THAT AN Y MEMBER STATE 25
DOES NOT MEET THE RE QUIREMENTS FOR PARTI CIPATION IN THE COMPACT AT ANY 26
PARTICULAR CATEGORY OF SOCIAL WORK LICENSURE , SUCH MEMBER STATE MA Y 27
CHOOSE, BUT IS NOT OBLIGATED TO, ISSUE A MULTISTATE L ICENSE TO APPLICANTS 28
THAT OTHERWISE MEET THE REQUIREMENTS OF SECTION 4 FOR ISSUANCE OF A 29
MULTISTATE LICENSE I N SUCH CATEGORY OR C ATEGORIES OF LICENSU RE. 30
(D) THE HOME STATES MAY C HARGE A FEE FOR GRAN TING THE 31
MULTISTATE LICENSE . 32
SECTION 4. REGULATED SOCIAL WORKER PARTICIPATION IN THE 33
COMPACT. 34
8 HOUSE BILL 345
(A) TO BE ELIGIBLE FOR A MULTISTATE LICENSE U NDER THE TERMS AND 1
PROVISIONS OF THE COMPACT, AN APPLICANT, REGARDLESS OF CATEGORY MUST : 2
(1) HOLD OR BE ELIGIBLE F OR AN ACTIVE, UNENCUMBERED LICENSE 3
IN THE HOME STATE ; 4
(2) PAY ANY APPLICABLE FE ES, INCLUDING ANY STATE FEE, FOR THE 5
MULTISTATE LICENSE ; 6
(3) SUBMIT, IN CONNECTION WITH A N APPLICATION FOR A 7
MULTISTATE LICENSE , FINGERPRINTS OR OTHE R BIOMETRIC DATA FOR THE 8
PURPOSE OF OBTAINING CRIMINAL HISTORY REC ORD INFORMATION FROM THE 9
FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE F OR 10
RETAINING THAT STATE ’S CRIMINAL RECORDS ; 11
(4) NOTIFY THE HOME STATE OF ANY ADVE RSE ACTION , 12
ENCUMBRANCE , OR RESTRICTION ON AN Y PROFESSIONAL LICEN SE TAKEN BY ANY 13
MEMBER STATE OR NON –MEMBER STATE WITHIN 30 DAYS FROM THE DATE T HE 14
ACTION IS TAKEN; 15
(5) MEET ANY CONTINUING C OMPETENCE REQUIREMEN TS 16
ESTABLISHED BY THE H OME STATE; AND 17
(6) ABIDE BY THE LAWS , REGULATIONS , AND APPLICABLE 18
STANDARDS IN THE MEM BER STATE WHERE THE CLIENT IS LOCATED AT THE TIME 19
CARE IS RENDERED . 20
(B) AN APPLICANT FOR A CL INICAL–CATEGORY MULTISTATE LICENSE MUST 21
MEET ALL OF THE FOLL OWING REQUIREMENTS : 22
(1) FULFILL A COMPETENCY REQUI REMENT, WHICH SHALL BE 23
SATISFIED BY EITHER : 24
(I) PASSAGE OF A CLINICAL –CATEGORY QUALIFYING 25
NATIONAL EXAM ; 26
(II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT 27
THE CLINICAL CATEGOR Y, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING 28
NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AND ACCOMPANIED BY A 29
PERIOD OF CONTINUOUS SOCIAL WORK LICENSUR E THEREAFTER , ALL OF WHICH 30
MAY BE FURTHER GOVER NED BY THE RULE OF T HE COMMISSION; OR 31
(III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING 32
COMPETENC Y REQUIREMENTS WHICH THE COMMISSION MAY DETERM INE BY RULE. 33 HOUSE BILL 345 9
(2) ATTAIN AT LEAST A MAS TER’S DEGREE IN SOCIAL W ORK FROM A 1
PROGRAM THAT IS : 2
(I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY 3
THE LICENSING AUTHOR ITY; AND 4
(II) ACCREDITED, OR IN CANDIDACY THAT SUBSE QUENTLY 5
BECOMES ACCREDITED , BY AN ACCREDITING AG ENCY RECOGNIZED BY E ITHER: 6
1. THE COUNCIL FOR HIGHER EDUCATION 7
ACCREDITATION OR ITS SUCCESSOR; OR 8
2. THE UNITED STATES DEPARTMENT OF EDUCATION; 9
(3) FULFILL A PRACTICE RE QUIREMENT, WHICH SHALL BE SATIS FIED 10
BY DEMONSTRATING COM PLETION OF EITHER : 11
(I) A PERIOD OF POSTGRADUA TE SUPERVISED CLINIC AL 12
PRACTICE EQUAL TO A MINIMUM OF THREE THO USAND HOURS ; 13
(II) A MINIMUM OF TWO YEARS OF FULL–TIME POSTGRADUATE 14
SUPERVISED CLINICAL PRACTICE; OR 15
(III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING 16
PRACTICE REQUIREMENT S WHICH THE COMMISSION MAY DETERM INE BY RULE. 17
(C) AN APPLICANT FOR A MA STER’S–CATEGORY MULTISTATE LICENSE 18
MUST MEET ALL OF THE FOLLOWING REQUIREMEN TS: 19
(1) FULFILL A COMPETENCY REQUIREME NT, WHICH SHALL BE 20
SATISFIED BY EITHER : 21
(I) PASSAGE OF A MASTER ’S–CATEGORY QUALIFYING 22
NATIONAL EXAM ; 23
(II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT 24
THE MASTER ’S CATEGORY, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING 25
NATIONAL EXAM WAS REQUIR ED BY THE HOME STATE AT THE MASTER ’S CATEGORY 26
AND ACCOMPANIED BY A CONTINUOUS PERIOD OF SOCIAL WORK LICENSUR E 27
THEREAFTER , ALL OF WHICH MAY BE FURTHER GOVERNED BY THE RULE OF THE 28
COMMISSION; OR 29
10 HOUSE BILL 345
(III) THE SUBSTANTIAL EQUIV ALENCY OF TH E FOREGOING 1
COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE. 2
(2) ATTAIN AT LEAST A MAS TER’S DEGREE IN SOCIAL W ORK, FROM A 3
PROGRAM THAT IS : 4
(I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY 5
THE LICENSING AUTHOR ITY; AND 6
(II) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY 7
BECOMES ACCREDITED , BY AN ACCREDITING AG ENCY RECOGNIZED BY E ITHER: 8
1. THE COUNCIL FOR HIGHER EDUCATION 9
ACCREDITATION , OR ITS SUCCESSOR ; OR 10
2. THE UNITED STATES DEPARTMENT OF EDUCATION. 11
(D) AN APPLICANT FOR A BACHELOR ’S–CATEGORY MULTISTATE LICENSE 12
MUST MEET ALL OF THE FOLLOWING REQUIREMEN TS: 13
(1) FULFILL A COMPETENCY REQUIREMENT , WHICH SHALL BE 14
SATISFIED BY EITHER : 15
(I) PASSAGE OF A BACHELOR ’S–CATEGORY QUALIFYING 16
NATIONAL EXAM ; 17
(II) LICENSURE OF THE APPLICANT I N THEIR HOME STATE A T 18
THE BACHELOR ’S CATEGORY, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING 19
NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AND ACCOMPANIED BY A 20
CONTINUOUS PERIOD OF SOCIAL WORK LICENSUR E THEREAFTER , ALL OF WHICH 21
MAY BE FURTHER GOVERNED BY THE RULE OF THE COMMISSION; OR 22
(III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING 23
COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE; 24
AND 25
(2) ATTAIN AT LEAST A BAC HELOR’S DEGREE IN SOCIAL W ORK FROM 26
A PROGRAM THAT IS : 27
(I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY 28
THE LICENSING AUTHOR ITY; AND 29
(II) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY 30
BECOMES ACCREDITED , BY AN ACCREDITING AG ENCY RECOGNIZED BY E ITHER: 31 HOUSE BILL 345 11
1. THE COUNCIL FOR HIGHER EDUCATION 1
ACCREDITATION, OR ITS SUCCESSOR ; OR 2
2. THE UNITED STATES DEPARTMENT OF EDUCATION. 3
(E) THE MULTISTATE LICENS E FOR A REGULATED SO CIAL WORKER IS 4
SUBJECT TO THE RENEW AL REQUIREMENTS OF T HE HOME STATE . THE REGULATED 5
SOCIAL WORKER MUST M AINTAIN COMPLIANCE W ITH THE REQUIREMENTS OF 6
SECTION 4(A) TO BE ELIGIBLE TO RE NEW A MULTISTATE LIC ENSE. 7
(F) THE REGULATED SOCIAL WORKER’S SERVICES IN A REMO TE STATE ARE 8
SUBJECT TO THAT MEMB ER STATE’S REGULATORY AUTHORI TY. A REMOTE STA TE 9
MAY, IN ACCORDANCE WITH D UE PROCESS AND THAT MEMBER STATE ’S LAWS, 10
REMOVE A REGULATED S OCIAL WORKER ’S MULTISTATE AUTHORI ZATION TO 11
PRACTICE IN THE REMO TE STATE FOR A SPECI FIC PERIOD OF TIME , IMPOSE FINES, 12
AND TAKE ANY OTHER N ECESSARY ACTIONS TO PROTECT TH E HEALTH AND SAFETY 13
OF ITS CITIZENS. 14
(G) IF A MULTISTATE LICEN SE IS ENCUMBERED , THE REGULATED SOCIAL 15
WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE S HALL BE DEACTIVATED IN 16
ALL REMOTE STATES UN TIL THE MULTISTATE L ICENSE IS NO LONGER 17
ENCUMBERED . 18
(H) IF A MULTISTATE AUTHORIZA TION TO PRACTICE IS ENCUMBERED IN A 19
REMOTE STATE , THE REGULATED SOCIAL WORKER’S MULTISTATE AUTHORI ZATION 20
TO PRACTICE MAY BE D EACTIVATED IN THAT S TATE UNTIL THE MULTI STATE 21
AUTHORIZATION TO PRA CTICE IS NO LONGER E NCUMBERED . 22
SECTION 5. ISSUANCE OF A MULTISTATE LICENSE. 23
(A) UPON RECEIPT OF AN AP PLICATION FOR A MULT ISTATE LICENSE, THE 24
HOME STATE LICENSING AUTHORITY SHALL DETE RMINE THE APPLICANT ’S 25
ELIGIBILITY FOR A MU LTISTATE LICENSE IN ACCORDANCE WITH SECTION 4 OF THIS 26
COMPACT. 27
(B) IF SUCH APPLICANT IS ELI GIBLE PURSUANT TO SECTION 4 OF THIS 28
COMPACT, THE HOME STATE LICEN SING AUTHORITY SHALL ISSUE A MULTISTATE 29
LICENSE THAT AUTHORI ZES THE APPLICANT OR REGULATED SOCIAL WOR KER TO 30
PRACTICE IN ALL MEMB ER STATES UNDER A MU LTISTATE AUTHORIZATI ON TO 31
PRACTICE. 32
(C) UPON ISSUANCE OF A MU LTISTATE LICENSE , THE HOME STATE 33
LICENSING AUTHORITY SHALL DESIGNATE WHET HER THE REGULATED SO CIAL 34 12 HOUSE BILL 345
WORKER HOLDS A MULTI STATE LICENSE IN THE BACHELOR’S, MASTER’S, OR 1
CLINICAL CATEGORY OF SOCIAL WORK. 2
(D) A MULTISTATE LICENSE ISSUED BY A HOME STATE TO A RESI DENT IN 3
THAT STATE SHALL BE RECOGNIZED BY ALL COMPACT MEMBER STATES AS 4
AUTHORIZING SOCIAL W ORK PRACTICE UNDER A MULTISTATE AUTHORIZA TION TO 5
PRACTICE CORRESPONDI NG TO EACH CATEGORY OF LICENSURE REGULAT ED IN 6
EACH MEMB ER STATE. 7
SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND 8
MEMBER STATE LICENSING AUTHORITIES. 9
(A) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 10
SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 11
OF A MEMBER STAT E TO ENACT AND ENFOR CE LAWS, REGULATIONS , OR OTHER 12
RULES RELATED TO THE PRACTICE OF SOCIAL W ORK IN THAT STATE , WHERE THOSE 13
LAWS, REGULATIONS , OR OTHER RULES ARE N OT INCONSISTENT WITH THE 14
PROVISIONS OF THIS COMPACT. 15
(B) NOTHING IN THIS COMPACT SHALL AFFEC T THE REQUIREMENTS 16
ESTABLISHED BY A MEM BER STATE FOR THE IS SUANCE OF A SINGLE S TATE LICENSE. 17
(C) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 18
SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 19
OF A MEMBER STATE TO TAKE AD VERSE ACTION AGAINST A LICENSEE’S SINGLE 20
STATE LICENSE TO PRACTICE SOCIAL W ORK IN THAT STATE. 21
(D) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 22
SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 23
OF A REMOTE STATE TO TAKE ADVERSE ACTION AGAIN ST A LICENSEE’S MULTISTATE 24
AUTHORIZATION TO PRA CTICE IN THAT STATE . 25
(E) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 26
SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 27
OF A LICENSEE’S HOME STATE TO TAK E ADVERSE ACTION AGA INST A LICENSEE ’S 28
MULTISTATE LICENSE B ASED UPON INFORMATIO N PROVIDED BY A REMO TE STATE. 29
SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME 30
STATE. 31
(A) A LICENSEE CAN HOLD A MULTISTATE LICENSE , ISSUED BY THEIR HOME 32
STATE, IN ONLY ONE MEMBER STAT E AT ANY GIVEN TIME . 33
HOUSE BILL 345 13
(B) IF A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN TWO 1
MEMBER STATES : 2
(1) THE LICENSEE SHALL IM MEDIATELY APPLY FOR THE REISSUANCE 3
OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE LICENSEE SHAL L 4
PAY ALL APPLICABLE F EES AND NOTIFY THE P RIOR HOME STATE IN A CCORDANCE 5
WITH THE RULES OF TH E COMMISSION. 6
(2) UPON RECEIPT OF AN AP PLICATION TO REISSUE A MULTISTATE 7
LICENSE, THE NEW HOME STATE S HALL VERIFY THAT THE MULTISTATE LICENSE I S 8
ACTIVE, UNENCUMB ERED AND ELIGIBLE FO R REISSUANCE UNDER T HE TERMS OF 9
THE COMPACT AND THE RULES OF THE COMMISSION. THE MULTISTATE LICENS E 10
ISSUED BY THE PRIOR HOME STATE WILL BE D EACTIVATED AND ALL M EMBER 11
STATES NOTIFIED IN A CCORDANCE WITH THE A PPLICABLE RULES ADOP TED BY THE 12
COMMISSION. 13
(3) PRIOR TO THE REISSUAN CE OF THE MULTISTATE LICENSE, THE 14
NEW HOME STATE SHALL CONDUCT PROCEDURES F OR CONSIDERING THE C RIMINAL 15
HISTORY RECORDS OF T HE LICENSEE. SUCH PROCEDURES SHALL INCLUDE THE 16
SUBMISSION OF FINGER PRINTS OR OTHER BIOM ETRIC–BASED INFORMATION BY 17
APPLICANTS FOR THE PURPOSE OF O BTAINING AN APPLICAN T’S CRIMINAL HISTORY 18
RECORD INFORMATION F ROM THE FEDERAL BUREAU OF INVESTIGATION AND THE 19
AGENCY RESPONSIBLE F OR RETAINING THAT ST ATE’S CRIMINAL RECORDS . 20
(4) IF REQUIRED FOR INITI AL LICENSURE, THE NEW HOME STATE 21
MAY REQUIRE COMPLETI ON OF JURISPRUDENCE REQUIREMENTS IN THE NEW HOME 22
STATE. 23
(5) NOTWITHSTANDING ANY O THER PROVISION OF TH IS COMPACT, IF 24
A LICENSEE DOES NOT MEET THE REQUIREMENT S SET FORTH IN THIS COMPACT FOR 25
THE REISSUANCE OF A MULTISTATE LICE NSE BY THE NEW HOME STATE, THEN THE 26
LICENSEE SHALL BE SU BJECT TO THE NEW HOM E STATE REQUIREMENTS FOR THE 27
ISSUANCE OF A SINGLE STATE LICENSE IN THA T STATE. 28
(C) IF A LICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY 29
MOVING FROM A ME MBER STATE TO A NON –MEMBER STATE , OR FROM A 30
NON–MEMBER STATE TO A ME MBER STATE, THEN THE LICENSEE SH ALL BE SUBJECT 31
TO THE STATE REQUIRE MENTS FOR THE ISSUAN CE OF A SINGLE STATE LICENSE IN 32
THE NEW HOME STATE . 33
(D) NOTHING IN THIS COMPACT SHALL INTERFE RE WITH A LICENSEE ’S 34
ABILITY TO HOLD A SI NGLE STATE LICENSE I N MULTIPLE STATES ; HOWEVER, FOR 35
THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAV E ONLY ONE HOME 36
STATE, AND ONLY ONE MULTIST ATE LICENSE. 37 14 HOUSE BILL 345
(E) NOTHING IN THIS COMPACT SHALL INTERFE RE WITH THE 1
REQUIREMENTS ESTABLISHED BY A MEMBER STATE FOR T HE ISSUANCE OF A SIN GLE 2
STATE LICENSE. 3
SECTION 8. MILITARY FAMILIES. 4
AN ACTIVE MILITARY ME MBER OR THEIR SPOUSE SHALL DESIGNATE A HO ME 5
STATE WHERE THE INDI VIDUAL HAS A MULTIST ATE LICENSE. THE INDIVIDUAL MAY 6
RETAIN THEIR HOME ST ATE DESIGNATION DURI NG THE PERIOD THE SE RVICE 7
MEMBER IS ON ACTIVE DUTY. 8
SECTION 9. ADVERSE ACTIONS. 9
(A) IN ADDITION TO THE OT HER POWERS CONFERRED BY STATE LAW , A 10
REMOTE STATE SHALL H AVE THE AUTHORITY , IN ACCORDANCE WITH E XISTING 11
STATE DUE PROCESS LA W, TO: 12
(1) TAKE ADVERSE ACTION A GAINST A REGULATED S OCIAL 13
WORKER’S MULTISTATE AUTHORI ZATION TO PRAC TICE ONLY WITHIN THA T MEMBER 14
STATE, AND ISSUE SUBPOENAS FOR BOTH HEARINGS AN D INVESTIGATIONS THA T 15
REQUIRE THE ATTENDAN CE AND TESTIMONY OF WITNESSES AS WELL AS THE 16
PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUED BY A LICENSING AUTHORITY IN A 17
MEMBER STATE FOR THE ATTENDANCE AND TESTIM ONY OF WITNESSES OR THE 18
PRODUCTION OF EVIDEN CE FROM ANOTHER MEMB ER STATE SHALL BE EN FORCED 19
IN THE LATTER STATE BY ANY COURT OF COMP ETENT JURISDICTION , ACCORDING 20
TO THE PRACTICE AND PROCEDURE OF THAT CO URT APPLICABLE TO SU BPOENAS 21
ISSUED IN PROCEEDINGS PENDI NG BEFORE IT. THE ISSUING AUTHORITY SHALL PAY 22
ANY WITNESS FEES , TRAVEL EXPENSES , MILEAGE AND OTHER FE ES REQUIRED BY 23
THE SERVICE STATUTES OF THE STATE IN WHIC H THE WITNESSES OR E VIDENCE ARE 24
LOCATED. 25
(2) ONLY THE HOME STATE S HALL HAVE THE POWER TO TAKE 26
ADVERSE ACTION AGAIN ST A REGULATED SOCIA L WORKER’S MULTISTATE LICENSE . 27
(B) FOR PURPOSES OF TAKIN G ADVERSE ACTION , THE HOME STATE SHALL 28
GIVE THE SAME PRIORI TY AND EFFECT TO REP ORTED CONDUCT RECEIV ED FROM A 29
MEMBER STATE AS IT W OULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME 30
STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO 31
DETERMINE APPROPRIAT E ACTION. 32
(C) THE HOME STATE SHALL COMPLETE ANY PENDING INVESTIGATIONS OF 33
A REGULATED SOCIAL W ORKER WHO CHANGES TH EIR HOME STATE DURING THE 34
COURSE OF THE INVEST IGATIONS. THE HOME STATE SHALL ALSO HAVE THE 35 HOUSE BILL 345 15
AUTHORITY TO TAKE AP PROPRIATE ACTION (S) AND SHALL PROMPTLY R EPORT THE 1
CONCLUSIONS OF THE I NVESTIGATIONS TO THE ADMINISTRATOR OF THE DATA 2
SYSTEM. THE ADMINISTRATOR OF THE DATA SYSTEM SHALL PROMPTL Y NOTIFY THE 3
NEW HOME STATE OF AN Y ADVERSE ACTIONS . 4
(D) A MEMBER STATE , IF OTHERWISE PERMITT ED BY STATE LAW , MAY 5
RECOVER FROM THE AFF ECTED REGULATED SOCI AL WORKER THE COSTS OF 6
INVESTIGATIONS AND D ISPOSITIONS OF CASES RESULTING FROM A NY ADVERSE 7
ACTION TAKEN AGAINST THAT REGULATED SOCIA L WORKER. 8
(E) A MEMBER STATE MAY TAK E ADVERSE ACTION BAS ED ON THE FACTUAL 9
FINDINGS OF ANOTHER MEMBER STATE , PROVIDED THAT THE ME MBER STATE 10
FOLLOWS ITS OWN PROC EDURES FOR TAKING AD VERSE ACTION. 11
(F) (1) IN ADDITION TO THE AU THORITY GRANTED TO A MEMBER STATE 12
BY ITS RESPECTIVE RE GULATED SOCIAL WORK PRACTICE ACT OR OTHE R 13
APPLICABLE STATE LAW , ANY MEMBER STATE MAY PARTICIPATE WITH OTH ER 14
MEMBER STATES IN JOI NT INVESTIGATIONS OF LICENSEES. 15
(2) MEMBER STATES SHALL SHARE ANY INVE STIGATIVE, LITIGATION, 16
OR COMPLIANCE MATERI ALS IN FURTHERANCE O F ANY JOINT OR INDIV IDUAL 17
INVESTIGATION INITIA TED UNDER THE COMPACT. 18
(G) IF AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST THE 19
MULTISTATE LICENSE O F A REGULATED SOC IAL WORKER, THE REGULATED SOCIAL 20
WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE I N ALL OTHER MEMBER 21
STATES SHALL BE DEAC TIVATED UNTIL ALL EN CUMBRANCES HAVE BEEN REMOVED 22
FROM THE MULTISTATE LICENSE. ALL HOME STATE DISCIP LINARY ORDERS THAT 23
IMPOSE ADVERSE ACTI ON AGAINST THE LICEN SE OF A REGULATED SO CIAL WORKER 24
SHALL INCLUDE A STAT EMENT THAT THE REGUL ATED SOCIAL WORKER ’S 25
MULTISTATE AUTHORIZA TION TO PRACTICE IS DEACTIVATED IN ALL M EMBER 26
STATES UNTIL ALL CON DITIONS OF THE DECIS ION, ORDER, OR AGREEMENT ARE 27
SATISFIED. 28
(H) IF A MEMBER STATE TAK ES ADVERSE ACTION , IT SHALL PROMPTLY 29
NOTIFY THE ADMINISTR ATOR OF THE DATA SYS TEM. THE ADMINISTRATOR OF THE 30
DATA SYSTEM SHALL PR OMPTLY NOTIFY THE HO ME STATE AND ALL OTH ER MEMBER 31
STATES OF ANY ADVERS E ACTIONS BY REMOTE STATES. 32
(I) NOTHING IN THIS COMPACT SHALL OVERRID E A MEMBER STATE ’S 33
DECISION THAT PARTIC IPATION IN AN ALTERN ATIVE PROGRAM MAY BE USED IN 34
LIEU OF ADVERSE ACTI ON. 35
16 HOUSE BILL 345
(J) NOTHING IN THIS COMPACT SHALL AUTHORI ZE A MEMBER STATE TO 1
DEMAND THE ISSUANCE OF SUBPOENAS FOR A TTENDANCE AND TESTIM ONY OF 2
WITNESSES OR THE PRO DUCTION OF EVIDENCE FROM ANOTHER MEMBER STATE 3
FOR LAWFUL ACTIONS W ITHIN THAT MEMBER ST ATE. 4
(K) NOTHING IN THIS COMPACT SHALL AUTHORI ZE A MEMBER STATE TO 5
IMPOSE DISCIPLINE AG AINST A REGULATED SO CIAL WORKER WH O HOLDS A 6
MULTISTATE AUTHORIZA TION TO PRACTICE FOR LAWFUL ACTIONS WITHI N 7
ANOTHER MEMBER STATE . 8
SECTION 10. ESTABLISHMENT OF THE SOCIAL WORK LICENSURE 9
COMPACT COMMISSION. 10
(A) THE COMPACT MEMBER STATES HEREBY CREATE AND ES TABLISH A 11
JOINT GOVERNMENT AGE NCY WHOSE MEMBERSHIP CON SISTS OF ALL MEMBER 12
STATES THAT HAVE ENA CTED THE COMPACT KNOWN AS THE SOCIAL WORK 13
LICENSURE COMPACT COMMISSION. THE COMMISSION IS AN INST RUMENTALITY 14
OF THE COMPACT STATES ACTING JOINTLY AND NOT AN I NSTRUMENTALITY OF AN Y 15
ONE STATE. THE COMMISSION SHALL COME INTO EXISTENCE ON OR AFTER THE 16
EFFECTIVE DATE OF TH E COMPACT AS SET FORTH IN SECTION 14. 17
(B) (1) EACH MEMBER STATE SHA LL HAVE AND BE LIMIT ED TO ONE 18
DELEGATE SELECTED BY THAT MEMBER STATE ’S LICENSING AUTHORIT Y. 19
(2) THE DELEGATE SH ALL BE EITHER: 20
(I) A CURRENT MEMBER OF TH E LICENSING AUTHORIT Y AT 21
THE TIME OF APPOINTM ENT, WHO IS A REGULATED S OCIAL WORKER , OR PUBLIC 22
MEMBER OF THE LICENS ING AUTHORITY ; OR 23
(II) AN ADMINISTRATOR OF T HE LICENSING AUTHORI TY OR 24
THEIR DESIGNEE . 25
(3) THE COMMISSION SHALL BY R ULE OR BYLAW ESTABLI SH A TERM 26
OF OFFICE FOR DELEGA TES AND MAY BY RULE OR BYLAW ESTABLISH T ERM LIMITS. 27
(4) THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION 28
OF ANY DELEGATE FROM OFFICE. 29
(5) A MEMBER STATE ’S LICENSING AUTHORITY SHALL FILL ANY 30
VACANCY OF ITS DELEG ATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS OF 31
THE VACANCY . 32
HOUSE BILL 345 17
(6) EACH DELEGATE SHALL B E ENTITLED TO ONE VO TE ON ALL 1
MATTERS BEFORE THE COMMISSION REQUIRING A VOTE BY COMMISSION 2
DELEGATES. 3
(7) A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEA NS 4
AS PROVIDED IN THE B YLAWS. THE BYLAWS MAY PROVID E FOR DELEGATES TO M EET 5
BY TELECOMMUNICATION , VIDEO CONFERENCE , OR OTHER MEANS OF 6
COMMUNICATION . 7
(8) THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 8
CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 9
BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 10
CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS . 11
(C) THE COMMISSION SHALL HAVE THE FOLLOWING POWERS : 12
(1) ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 13
(2) ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST 14
POLICIES; 15
(3) ESTABLISH AND AMEND R ULES AND BYLAWS ; 16
(4) MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 17
BYLAWS; 18
(5) MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 19
PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS ; 20
(6) INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 21
THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY STATE 22
LICENSING BOARD TO S UE OR BE SUED UNDER APPLICABLE L AW SHALL NOT BE 23
AFFECTED; 24
(7) MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED 25
TO A MEMBER STATE AS THE AUTHENTICATED BU SINESS RECORDS OF TH E 26
COMMISSION AND DESIGN ATE AN AGENT TO DO S O ON THE COMMISSION’S BEHALF; 27
(8) PURCHASE AND MAINTAIN INSURANCE AND BONDS ; 28
(9) BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 29
INCLUDING, BUT NOT LIMITED TO , EMPLOYEES OF A MEMBE R STATE; 30
(10) CONDUCT AN ANNUAL FIN ANCIAL REVIEW ; 31 18 HOUSE BILL 345
(11) HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 1
COMPENSATION , DEFINE DUTIES, GRANT SUCH INDIVIDUA LS APPROPRIATE 2
AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT, AND ESTABLISH THE 3
COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 4
INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 5
MATTERS; 6
(12) ASSESS AND COLLECT FE ES; 7
(13) ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS 8
OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS AND 9
SERVICES, AND TO RECEIVE , UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT 10
AT ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY 11
OR CONFLICT OF INTER EST; 12
(14) LEASE, PURCHASE, RETAIN, OR OTHERWISE TO OWN , HOLD, 13
IMPROVE OR USE ANY P ROPERTY, REAL, PERSONAL OR MIXED ; OR ANY UNDIVIDED 14
INTEREST THEREIN ; 15
(15) SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 16
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR MIXED; 17
(16) ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 18
(17) BORROW MONEY ; 19
(18) APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES 20
COMPOSED OF MEMBERS, STATE REGULATORS , STATE LEGISLATORS OR THEIR 21
REPRESENTATIVES , AND CONSUMER REPRESE NTATIVES, AND SUCH OTHER 22
INTERESTED PERSONS A S MAY BE DESIGNATED IN THE COMPACT AND THE BYLAW S; 23
(19) PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 24
WITH, LAW ENFORCEMENT AGENCI ES; 25
(20) ESTABLISH AND ELECT A N EXECUTIVE COMMITTE E, INCLUDING A 26
CHAIR AND VICE CHAIR ; 27
(21) DETERMINE WHETHER A S TATE’S ADOPTED LANGUAGE I S 28
MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE 29
STATE WOULD NOT QUAL IFY FOR PARTICIPATION IN THE COMPACT; AND 30
(22) PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 31
APPROPRIATE TO ACHIE VE THE PURPOSES OF T HE COMPACT. 32 HOUSE BILL 345 19
(D) (1) THE EXECUTIVE COMMITT EE SHALL HAVE THE PO WER TO ACT ON 1
BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THE COMPACT. THE 2
POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COM MITTEE SHALL 3
INCLUDE: 4
(I) OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E 5
ADMINISTRATION OF TH E COMPACT INCLUDING ENF ORCEMENT AND COMPLIA NCE 6
WITH THE PROVISIONS OF THE COMPACT, ITS RULES AND BYLAWS , AND OTHER SUCH 7
DUTIES AS DEEMED NEC ESSARY; 8
(II) RECOMMENDING TO THE COMMISSION CHANGES TO THE 9
RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO 10
COMPACT MEMBER STATES SUCH AS FEES CHARGED TO LICENSEES, AND OTHER 11
FEES; 12
(III) ENSURING COMPACT ADMINISTRATIO N SERVICES ARE 13
APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T; 14
(IV) PREPARING AND RECOMME NDING THE BUDGET ; 15
(V) MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE 16
COMMISSION; 17
(VI) MONITORING COMPACT COMPLIANCE OF MEMBER STATES 18
AND PROVIDING COMPLI ANCE REPORTS TO THE COMMISSION; 19
(VII) ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY; 20
(VIII) EXERCISING THE POWERS AND DUTIES OF THE 21
COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT 22
FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND 23
EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE 24
COMMISSION BY RULE OR BYLAW; AND 25
(IX) OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF 26
THE COMMISSION. 27
(2) THE EXECUTIVE COMMITT EE SHALL BE COMPOSED OF UP TO 28
ELEVEN MEMBERS : 29
(I) THE CHAIR AND VICE CH AIR OF THE COMMISSION SHALL BE 30
VOTING MEMBERS OF TH E EXECUTIVE COMMITTE E; 31
20 HOUSE BILL 345
(II) THE COMMISSION SHALL ELEC T FIVE VOTING MEMBER S 1
FROM THE CURRENT MEMBERSHIP OF THE COMMISSION; 2
(III) UP TO FOUR EX OFFICIO , NONVOTING MEMBERS FR OM 3
FOUR RECOGNIZED NATI ONAL SOCIAL WORKER O RGANIZATIONS ; 4
(IV) THE EX OFFICIO MEMBER S WILL BE SELECTED B Y THEIR 5
RESPECTIVE ORGANIZAT IONS. 6
(3) THE COMMISSION MAY REMOVE ANY MEMBER OF THE EX ECUTIVE 7
COMMITTEE AS PROVIDE D IN THE COMMISSION’S BYLAWS. 8
(4) THE EXECUTIVE COMMITT EE SHALL MEET AT LEA ST ANNUALLY. 9
(I) EXECUTIVE COMMITTEE M EETINGS SHALL BE OPE N TO THE 10
PUBLIC, EXCEPT THAT THE EXEC UTIVE COMMITTEE MAY MEET IN A CLOSED , 11
NON–PUBLIC MEETING AS PR OVIDED IN SUBSECTION (F)(2) BELOW. 12
(II) THE EXECUTIVE COMMITT EE SHALL GIVE SEVEN DAYS’ 13
NOTICE OF ITS MEETIN GS, POSTED ON ITS WEBSIT E AND AS DETERMINED TO 14
PROVIDE NOTICE TO PE RSONS WITH AN INTERE ST IN THE BUSINESS O F THE 15
COMMISSION. 16
(III) THE EXECUTIVE COMMITT EE MAY HOLD A SPECIA L 17
MEETING IN ACCORDANC E WITH SUBSECTION (F)(1)(II) BELOW. 18
(E) THE COMMISSION SHALL ADOPT AND PROVIDE TO THE MEMBER STATES 19
AN ANNUAL REPORT . 20
(F) (1) ALL MEETINGS SHALL BE OPEN TO THE PUBLIC , EXCEPT THAT 21
THE COMMISSION MAY MEET I N A CLOSED, NON–PUBLIC MEETING AS PR OVIDED IN 22
PARAGRAPH (2) OF THIS SUBSECTION B ELOW. 23
(I) PUBLIC NOTICE F OR ALL MEETINGS OF T HE FULL 24
COMMISSION SHALL BE G IVEN IN THE SAME MAN NER AS REQUIRED UNDE R THE 25
RULEMAKING PROVISION S IN SECTION 12, EXCEPT THAT THE COMMISSION MAY 26
HOLD A SPECIAL MEETI NG AS PROVIDED IN SU BPARAGRAPH (II) OF THIS 27
PARAGRAPH BELOW . 28
(II) THE COMMISSION MAY HOLD A SPECIAL MEETING WHEN IT 29
MUST MEET TO CONDUCT EMERGENCY BUSINESS B Y GIVING 48 HOURS’ NOTICE TO 30
ALL COMMISSIONERS , ON THE COMMISSION’S WEBSITE, AND OTHER MEANS AS 31
PROVIDED IN THE COMMISSION’S RULES. THE COMMISSION’S LEGAL COUNSEL 32 HOUSE BILL 345 21
SHALL CERTIFY THAT THE COMMISSION’S NEED TO MEET QUALI FIES AS AN 1
EMERGENCY . 2
(2) THE COMMISSION OR THE EXE CUTIVE COMMITTEE OR OTHER 3
COMMITTEES OF THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC 4
MEETING FOR THE COMMISSION OR EXECUTI VE COMMITTEE OR OTHE R 5
COMMITTEES OF THE COMMISSION TO RECEIVE LEGAL ADVICE OR TO D ISCUSS: 6
(I) NON–COMPLIANCE OF A MEMB ER STATE WITH ITS 7
OBLIGATIONS UNDER TH E COMPACT; 8
(II) THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER 9
MATTERS, PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES ; 10
(III) CURRENT OR THREATENED DISCIPLINE OF A LICE NSEE BY 11
THE COMMISSION OR BY A ME MBER STATE’S LICENSING AUTHORIT Y; 12
(IV) CURRENT, THREATENED , OR REASONABLY ANTICI PATED 13
LITIGATION; 14
(V) NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, 15
OR SALE OF GOODS , SERVICES, OR REAL ESTATE ; 16
(VI) ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 17
CENSURING ANY PERSON ; 18
(VII) TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 19
INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL; 20
(VIII) INFORMATION OF A PERSONAL NATURE WHER E 21
DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F 22
PERSONAL PRIVACY ; 23
(IX) INVESTIGATIVE RECORDS COMPILED FOR LAW 24
ENFORCEMENT PURPOSES ; 25
(X) INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 26
PREPARED BY OR ON BE HALF OF OR FOR USE OF THE COMMISSION OR OTHER 27
COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR 28
DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; 29
(XI) MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE BY 30
FEDERAL OR MEMBER ST ATE LAW; OR 31
22 HOUSE BILL 345
(XII) OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 1
BY RULE. 2
(3) IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE 3
PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND 4
REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCES 5
SHALL BE RECORDED IN THE M INUTES. 6
(4) THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 7
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 8
FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASONS THEREFOR 9
THEREFORE , INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL 10
DOCUMENTS CONSIDERED IN CONNECTION WITH A N ACTION SHALL BE ID ENTIFIED 11
IN SUCH MINUTES . ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL 12
REMAIN UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 13
COMMISSION OR OR DER OF A COURT OF CO MPETENT JURISDICTION . 14
(G) (1) THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 15
OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND 16
ONGOING ACTIVITIES . 17
(2) THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 18
REVENUE SOURCES, AS PROVIDED IN SUBSE CTION (C)(13) OF THIS SECTION. 19
(3) THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 20
ASSESSMENT FROM EACH MEMBER STATE AND IMP OSE FEES ON LICENSEE S OF 21
MEMBER STATES TO WHO M IT GRANTS A MULTIS TATE LICENSE TO COVE R THE COST 22
OF THE OPERATIONS AND ACTIVITIES OF THE COMMISSION AND ITS ST AFF, WHICH 23
MUST BE IN A TOTAL A MOUNT SUFFICIENT TO COVER ITS ANNUAL BUD GET AS 24
APPROVED EACH YEAR F OR WHICH REVENUE IS NOT PROVIDED BY OTHE R SOURCES. 25
THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER STATES SHALL BE 26
ALLOCATED BASED UPON A FORMULA THAT THE COMMISSION SHALL PROM ULGATE 27
BY RULE. 28
(4) THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND 29
PRIOR TO SECURING TH E FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL THE 30
COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES, EXCEPT BY AND 31
WITH THE AUTHORITY O F THE MEMBER STATE . 32
(5) THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 33
RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISB URSEMENTS OF THE 34
COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACCOUNTIN G 35
PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . HOWEVER, ALL RECEIPTS AND 36
DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO 37 HOUSE BILL 345 23
AN ANNUAL FINANCIAL REVIEW BY A CERTIFIE D OR LICENSED PUBLIC 1
ACCOUNTANT , AND THE REPORT OF TH E FINANCIAL REVIEW SHALL BE INCLUDED IN 2
AND BECOME PART OF T HE ANNUAL REPORT OF THE COMMISSION. 3
(H) (1) THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES 4
AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND 5
LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CAPAC ITY, FOR ANY CLAIM 6
FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL 7
LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR OR 8
OMISSION THAT OCCURR ED, OR THAT THE PERSON A GAINST WHOM THE CLAI M IS 9
MADE HAD A REASONABLE BASI S FOR BELIEVING OCCU RRED WITHIN THE SCOP E OF 10
COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED THAT 11
NOTHING IN THIS PARA GRAPH SHALL BE CONST RUED TO PROTECT ANY SUCH 12
PERSON FROM SUIT OR LIABILITY FOR ANY DA MAGE, LOSS, INJURY, OR LIABILITY 13
CAUSED BY THE INTENT IONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT 14
PERSON. THE PROCUREMENT OF IN SURANCE OF ANY TYPE BY THE COMMISSION 15
SHALL NOT IN ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED 16
HEREUNDER . 17
(2) THE COMMISSION SHALL DEFE ND ANY MEMBER, OFFICER, 18
EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN 19
ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 20
ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 21
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY 22
THE COMMISSION THAT THE P ERSON AGAINST WHOM T HE CLAIM IS MADE HAD A 23
REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 24
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT 25
NOTHING HEREIN SHA LL BE CONSTRUED TO P ROHIBIT THAT PERSON FROM 26
RETAINING THEIR OWN COUNSEL AT THEIR EXP ENSE; AND PROVIDED FURTHER , 27
THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM 28
THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT. 29
(3) THE COMMISSION SHALL INDEM NIFY AND HOLD HARMLE SS ANY 30
MEMBER, OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F 31
THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT OBTAI NED 32
AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR OR 33
OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 34
DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONABLE BAS IS 35
FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 36
DUTIES, OR RESPONSIBILITIES , PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 37
ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL O R 38
WANTON MISCONDUCT OF THAT PERSON . 39
24 HOUSE BILL 345
(4) NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON 1
THE LIABILITY OF ANY LICENSEE FOR PROFESS IONAL MALPRACTICE OR 2
MISCONDUCT , WHICH SHALL BE GOVERN ED SOLELY BY ANY OTH ER APPLICABLE 3
STATE LAWS. 4
(5) NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 5
OR OTHERWISE ABROGAT E A MEMBER STATE ’S ACTION IMMUNITY OR STATE ACTION 6
AFFIRMATIVE DEFENSE WITH RESPECT TO ANTI TRUST CLAIMS UNDER THE 7
SHERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE O R FEDERAL ANTITRUST OR 8
ANTICOMPETITIVE LAW OR REGULATION . 9
(6) NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 10
WAIVER OF SOVEREIGN IMMUNITY BY THE MEMB ER STATES OR BY THE 11
COMMISSION. 12
SECTION 11. DATA SYSTEM. 13
(A) THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT, 14
MAINTENANCE , OPERATION, AND UTILIZATION OF A COORDINATED DATA SYS TEM. 15
(B) THE COMMISSION SHALL ASSI GN EACH APPLICANT FO R A MULTISTATE 16
LICENSE A UNIQUE IDE NTIFIER, AS DETERMINED BY THE RULES OF THE 17
COMMISSION. 18
(C) NOTWITHSTANDING ANY O THER PROVISION OF ST ATE LAW TO THE 19
CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DAT A SET TO THE DATA 20
SYSTEM ON ALL INDIVI DUALS TO WHOM THIS COMPACT IS APPLICABLE AS 21
REQUIRED BY THE RULE S OF THE COMMISSION, INCLUDING: 22
(1) IDENTIFYING INFORMATI ON; 23
(2) LICENSURE DATA ; 24
(3) ADVERSE ACTIONS AGAIN ST A LICENSE AND INF ORMATION 25
RELATED THERETO ; 26
(4) NON–CONFIDENTIAL INFORMA TION RELATED TO ALTE RNATIVE 27
PROGRAM PARTICIPATIO N, THE BEGINNING AND EN D DATES OF SUCH 28
PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PA RTICIPATION NOT 29
MADE CONFIDENTIAL UN DER MEMBER STATE LAW ; 30
(5) ANY DENIAL OF APPLICA TION FOR LICENSURE , AND THE 31
REASON(S) FOR SUCH DENIAL ; 32
HOUSE BILL 345 25
(6) THE PRESENCE OF CURRE NT SIGNIFICANT INVES TIGATIVE 1
INFORMATION ; AND 2
(7) OTHER INFORMATION THA T MAY FACILITATE THE 3
ADMINISTRATION OF TH IS COMPACT, AS DETERMINED BY THE RULES OF THE 4
COMMISSION. 5
(D) THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE 6
PURSUANT TO THIS COMPACT OR THROUGH TH E DATA SYSTEM, WHEN CERTIFIED 7
BY THE COMMISSION OR AN AGEN T THEREOF , SHALL CONSTITUTE THE 8
AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE 9
ENTITLED TO ANY ASSO CIATED HEARSAY EXCEP TION IN ANY RELEVANT JUDICIAL, 10
QUASI–JUDICIAL OR ADMINIST RATIVE PROCEE DINGS IN A MEMBER ST ATE. 11
(E) CURRENT SIGNIFICANT I NVESTIGATIVE INFORMA TION PERTAINING TO 12
A LICENSEE IN ANY ME MBER STATE WILL ONLY BE AVAILABLE TO OTHE R MEMBER 13
STATES. 14
(1) IT IS THE RESPONSIBIL ITY OF THE MEMBER ST ATES TO REPORT 15
ANY ADVERSE ACTION A GAINST A LICENSEE AND TO MONITOR THE DATABASE TO 16
DETERMINE WHETHER ADVERSE ACTION HAS B EEN TAKEN AGAINST A LICENSEE. 17
ADVERSE ACTION INFORMATION PERTAINI NG TO A LICENSEE IN ANY MEMBER 18
STATE WILL BE AVAILA BLE TO ANY OTHER MEM BER STATE. 19
(F) MEMBER STATES CONTRI BUTING INFORMATION T O THE DATA SYSTEM 20
MAY DESIGNATE INFORM ATION THAT MAY NOT B E SHARED WITH THE PU BLIC 21
WITHOUT THE EXPRESS PERMISSION OF THE CO NTRIBUTING STATE . 22
(G) ANY INFORMATION SUBMI TTED TO THE DATA SYS TEM THAT IS 23
SUBSEQUENTLY EXPUNGE D PURSUANT TO FE DERAL LAW OR THE LAW S OF THE 24
MEMBER STATE CONTRIB UTING THE INFORMATIO N SHALL BE REMOVED F ROM THE 25
DATA SYSTEM. 26
SECTION 12. RULEMAKING. 27
(A) THE COMMISSION SHALL PROM ULGATE REASONABLE RU LES IN ORDER 28
TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER T HE PURPOSES 29
AND PROVISIONS OF TH E COMPACT. A RULE SHALL BE INVALI D AND HAVE NO FORCE 30
OR EFFECT ONLY IF A COURT OF COMPETENT J URISDICTION HOLDS TH AT THE RULE 31
IS INVALID BECAUSE T HE COMMISSION EXERCISED ITS RULEMAKING AUTHO RITY IN 32
A MANNER THAT IS BEY OND THE SCOPE AND PURPOSES O F THE COMPACT, OR THE 33
POWERS GRANTED HEREU NDER, OR BASED UPON ANOTHE R APPLICABLE STANDAR D 34
OF REVIEW. 35
26 HOUSE BILL 345
(B) THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN 1
EACH MEMBER STATE , PROVIDED HOWEVER THA T WHERE THE RULES OF THE 2
COMMISSION CONFLICT WITH THE LAWS OF THE MEMB ER STATE THAT ESTABL ISH 3
THE MEMBER STATE ’S LAWS, REGULATIONS , AND APPLICABLE STAND ARDS THAT 4
GOVERN THE PRACTICE OF SOCIAL WORK AS HELD BY A COURT O F COMPETENT 5
JURISDICTION, THE RULES OF THE COMMISSION SHALL BE I NEFFECTIVE IN THAT 6
STATE TO THE EXTENT OF THE CONFLICT . 7
(C) THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 8
PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS SECTION AND THE R ULES ADOPTED 9
THEREUNDER . RULES SHALL BECOME BI NDING AS ON THE DAY FOLLOWING 10
ADOPTION OR THE DATE SPECIFIED I N THE RULE OR AMENDM ENT, WHICHEVER IS 11
LATER. 12
(D) IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 13
REJECTS A RULE OR PO RTION OF A RULE , BY ENACTMENT OF A ST ATUTE OR 14
RESOLUTION IN THE SA ME MANNER USED TO AD OPT THE COMPACT WITHIN FOUR 15
YEARS OF THE DATE OF ADOPTION OF THE RULE , THEN SUCH RULE SHALL HAVE NO 16
FURTHER FORCE AND EF FECT IN ANY MEMBER S TATE. 17
(E) RULES SHALL BE ADOPTE D AT A REGULAR OR SP ECIAL MEETING OF THE 18
COMMISSION. 19
(F) PRIOR TO ADOPTION OF A PROPOSED RULE , THE COMMISSION SHALL 20
HOLD A PUBLIC HEARIN G AND ALLOW PERSONS TO PROVIDE ORAL AND WRITTEN 21
COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS . 22
(G) PRIOR TO ADOPTION OF A PROPOSED RULE BY T HE COMMISSION, AND 23
AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION WILL 24
HOLD A PUBLIC HEARIN G ON THE PROPOSED RU LE, THE COMMISSION SHALL 25
PROVIDE A NOTICE OF PROPOSED RULEMAKING : 26
(1) ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY 27
ACCESSIBLE PLATFORM ; 28
(2) TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE 29
COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND 30
(3) IN SUCH OTHER WAY (S) AS THE COMMISSION MAY BY RUL E 31
SPECIFY. 32
(H) THE NOTICE OF PROPOSE D RULEMAKING SHALL I NCLUDE: 33
HOUSE BILL 345 27
(1) THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT 1
WHICH THE COMMISSION WIL L HEAR PUBLIC COMMEN TS ON THE PROPOSED R ULE, 2
AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE 3
COMMISSION WILL CONSI DER AND VOTE ON THE PROPOSED RULE ; 4
(2) IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO 5
CONFERENCE , OR OTHER EL ECTRONIC MEANS , THE COMMISSION SHALL INCL UDE 6
THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED 7
RULEMAKING ; 8
(3) THE TEXT OF THE PROPO SED RULE AND THE REA SON THEREFOR ; 9
(4) A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY 10
INTERESTED PERSON; AND 11
(5) THE MANNER IN WHICH I NTERESTED PERSONS MA Y SUBMIT 12
WRITTEN COMMENTS . 13
(I) ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDIN G AND 14
ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN 15
RESPONSE TO THE PROP OSED RULE SHALL BE MADE AVAILABLE TO TH E PUBLIC. 16
(J) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D AS REQUIRING A 17
SEPARATE HEARING ON EACH RULE . RULES MAY BE GROUPED FOR THE 18
CONVENIENCE OF THE COMMISSION AT HEARING S REQUIRED BY THIS S ECTION. 19
(K) THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL MEMBERS, TAKE 20
FINAL ACTION ON THE PROPOSED RULE BASED ON THE RULEMAKING RE CORD AND 21
THE FULL TEXT OF THE RULE. 22
(1) THE COMMISSION MAY ADOPT CHANGES TO THE PROPO SED RULE 23
PROVIDED THE CHANGES DO NOT ENLARGE THE O RIGINAL PURPOSE OF T HE 24
PROPOSED RULE . 25
(2) THE COMMISSION SHALL PROV IDE AN EXPLANATION O F THE 26
REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS 27
REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDE D BY 28
COMMENTERS . 29
(3) THE COMMISSION SHALL DETE RMINE A REASONABLE EFFEC TIVE 30
DATE FOR THE RULE . EXCEPT FOR AN EMERGEN CY AS PROVIDED IN SECTION 12(L), 31
THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOONER THAN 30 DAYS AFTER 32
ISSUING THE NOTICE T HAT IT ADOPTED OR AM ENDED THE RULE . 33
28 HOUSE BILL 345
(L) UPON DETERMINATION TH AT AN EMERGENCY EXISTS , THE 1
COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 48 HOURS’ 2
NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL 3
RULEMAKING PROCEDURE S PROVIDED IN THE COMPACT AND IN THIS S ECTION 4
SHALL BE RETROACTIVE LY APPLIED TO THE RU LE AS SOON AS REASON ABLY 5
POSSIBLE, IN NO EVENT LATER TH AN 90 DAYS AFTER THE EFFEC TIVE DATE OF THE 6
RULE. FOR THE PURPOSES OF T HIS PROVISION, AN EMERGENCY RULE IS ONE THAT 7
MUST BE ADOPTED IMME DIATELY IN ORDER TO : 8
(1) MEET AN IMMINENT THRE AT TO PUBLIC HEAL TH, SAFETY, OR 9
WELFARE; 10
(2) PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 11
(3) MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS 12
ESTABLISHED BY FEDER AL LAW OR RULE ; OR 13
(4) PROTECT PUBLIC HEALTH AND SAFETY. 14
(M) THE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE 15
COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE F OR 16
PURPOSES OF CORRECTI NG TYPOGRAPHICAL ERR ORS, ERRORS IN FORMAT , 17
ERRORS IN CONSISTENC Y, OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY 18
REVISIONS SHALL BE P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION 19
SHALL BE SUBJECT TO CHALLENGE BY ANY PER SON FOR A PERIOD OF 30 DAYS 20
AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GR OUNDS THAT THE 21
REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE 22
MADE IN WRITING AND DELIVERE D TO THE COMMISSION PRIOR TO T HE END OF THE 23
NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TA KE EFFECT 24
WITHOUT FURTHER ACTI ON. IF THE REVISION IS CH ALLENGED, THE REVISION MAY 25
NOT TAKE EFFECT WITH OUT THE APPROVAL OF THE COMMISSION. 26
(N) NO MEMBER STATE ’S RULEMAKING REQUIRE MENTS SHALL APPLY 27
UNDER THIS COMPACT. 28
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND 29
ENFORCEMENT. 30
(A) (1) THE EXECUTIVE AND JUD ICIAL BRANCHES OF ST ATE 31
GOVERNMENT IN EACH M EMBER STATE SHALL EN FORCE THIS COMPACT AND TAKE 32
ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT. 33
(2) EXCEPT AS OTHERWISE P ROVIDED IN THIS COMPACT, VENUE IS 34
PROPER AND JUDICIAL PROCEEDINGS BY OR AG AINST THE COMMISSION SHALL BE 35 HOUSE BILL 345 29
BROUGHT SOLELY AND E XCLUSIVELY IN A COUR T OF COMPETENT JURISDIC TION 1
WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED . THE 2
COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES TO THE EXTENT 3
IT ADOPTS OR CONSENT S TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION 4
PROCEEDINGS . NOTHING HEREIN SH ALL AFFECT OR LIMIT THE SELECTION OR 5
PROPRIETY OF VENUE I N ANY ACTION AGAINST A LICENSEE FOR PROFE SSIONAL 6
MALPRACTICE , MISCONDUCT OR ANY SU CH SIMILAR MATTER . 7
(3) THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 8
PROCESS IN ANY SUCH PROCEEDING REGAR DING THE ENFORCEMENT OR 9
INTERPRETATION OF TH E COMPACT, AND SHALL HAVE STAND ING TO INTERVENE IN 10
SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE TH E COMMISSION 11
SERVICE OF PROCESS R ENDERS A JUDGMENT OR ORDER VOID AS TO THE 12
COMMISSION, THE COMPACT, OR PROMULGATED RULES . 13
(B) (1) IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 14
DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES 15
UNDER THIS COMPACT OR THE PROMUL GATED RULES , THE COMMISSION SHALL 16
PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 17
SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT , 18
AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 19
TRAINING AND SPECIFI C TECHNICAL ASSISTAN CE REGARDING THE DEF AULT. 20
(2) THE COMMISSION SH ALL PROVIDE A COPY O F THE NOTICE OF 21
DEFAULT TO THE OTHER MEMBER STATES . 22
(C) IF A STATE IN DEFAULT FAILS TO CURE THE DE FAULT, THE DEFAULTING 23
STATE MAY BE TERMINA TED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF 24
A MAJORITY OF THE DE LEGATES OF THE MEMBE R STATES, AND ALL RIGHTS , 25
PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS COMPACT MAY BE 26
TERMINATED ON THE EF FECTIVE DATE OF TERM INATION. A CURE OF THE DEFAULT 27
DOES NOT RELIEVE THE OFFENDING STATE OF O BLIGATIONS OR LIABIL ITIES 28
INCURRED DURING THE PERIOD OF DEFAULT. 29
(D) TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 30
ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 31
EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 32
THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MINORITY LEADERS OF 33
THE DEFAULTING STATE ’S LEGISLATURE , THE DEFAULTING STATE ’S STATE 34
LICENSING AUTHORITY , AND EACH OF THE MEMB ER STATES’ LICENSING 35
AUTHORITY. 36
(E) A STATE THAT HAS BEEN TERMINATED IS RESPON SIBLE FOR ALL 37
ASSESSMENTS , OBLIGATIONS, AND LIABIL ITIES INCURRED THROU GH THE 38 30 HOUSE BILL 345
EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 1
BEYOND THE EFFECTIVE DATE OF TERMINATION . 2
(F) UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS 3
COMPACT, THAT STATE SHALL IMM EDIATELY PROVIDE NOT ICE TO ALL LICENSEES 4
WITHIN THAT STATE OF SUCH TERMINATION . THE TERMINATED STATE SHALL 5
CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT 6
FOR A MINIMUM OF SIX MONTHS AFTER THE DAT E OF SAID NOTICE OF TERMINATION . 7
(G) THE COMMISSION MAY NOT BE AR ANY COSTS RELATED TO A ST ATE 8
THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE 9
COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND THE 10
DEFAULTING STATE . 11
(H) THE DEFAULTING STATE MAY APPEAL THE ACTIO N OF THE COMMISSION 12
BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR 13
THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES . 14
THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGA TION, 15
INCLUDING REASONABLE ATTORNEY’S FEES. 16
(I) (1) UPON REQU EST BY A MEMBER STAT E, THE COMMISSION SHALL 17
ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG 18
MEMBER STATES AND BE TWEEN MEMBER AND NON –MEMBER STATES . 19
(2) THE COMMISSION SHALL PROM ULGATE A RULE PROVID ING FOR 20
BOTH MEDIATION AND B INDING D ISPUTE RESOLUTION FO R DISPUTES AS 21
APPROPRIATE . 22
(J) (1) BY MAJORITY VOTE AS P ROVIDED BY RULE , THE COMMISSION 23
MAY INITIATE LEGAL A CTION AGAINST A MEMB ER STATE IN DEFAULT IN THE 24
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE 25
FEDERAL DISTRI CT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 26
ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 27
PROMULGATED RULES . THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 28
RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 29
PREVAILING MEMBER SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION , 30
INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN S HALL NOT BE 31
THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE 32
ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAUL TING MEMBER 33
STATE’S LAW. 34
(2) A MEMBER STATE MAY INI TIATE LEGAL ACTION A GAINST THE 35
COMMISSION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR 36
THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 37 HOUSE BILL 345 31
ENFORCE COMPLIANCE W ITH THE PROVISIONS OF THE COMPACT AND ITS 1
PROMULGATED RULES . THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 2
RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 3
PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATI ON, 4
INCLUDING REASONABLE ATTORNEY’S FEES. 5
(3) NO PERSON OTHER THAN A MEMBER STATE SHALL ENFORCE THIS 6
COMPACT AGAINST THE COMMISSION. 7
SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 8
(A) THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE 9
COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STA TE. 10
(1) ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE 11
COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 12
FIRST SEVEN MEMBER STATES (“CHARTER MEMBER STATE S”) TO DETERMINE IF 13
THE STATUTE ENACTED BY EACH SUCH CHARTER MEMBER STATE IS MATE RIALLY 14
DIFFERENT THAN THE M ODEL COMPACT STATUTE . 15
(I) A CHARTER MEMBER STATE WHOSE ENACTMENT IS F OUND 16
TO BE MATERIALLY DIF FERENT FR OM THE MODEL COMPACT STATUTE SHALL BE 17
ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN SECTION 13. 18
(II) IF ANY MEMBER STATE I S LATER FOUND TO BE IN DEFAULT, 19
OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL 20
REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN I N EFFECT EVEN IF THE 21
NUMBER OF MEMBER STA TES SHOULD BE LESS T HAN SEVEN. 22
(2) MEMBER STATES ENACTIN G THE COMPACT SUBSEQUENT TO THE 23
SEVEN INITIAL CHARTE R MEMBER STATES SHAL L BE SUBJECT TO THE PROCESS SET 24
FORTH IN SECTION 10(C)(21) TO DETERMINE IF THEIR ENA CTMENTS ARE 25
MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE AND W HETHER 26
THEY QUALIFY FOR PAR TICIPATION IN THE COMPACT. 27
(3) ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 28
IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATIO N OF THE COMPACT 29
PRIOR TO THE EFFECTI VE DATE OF THE COMPACT OR THE COMMISSION COMING 30
INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION 31
UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 32
(4) ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO THE 33
COMMISSION’S INITIAL ADOPTION O F THE RULES AND BYLAWS SHALL BE SUBJECT 34
TO THE RULES AND BYL AWS AS THEY EXIST ON THE DATE ON WHICH TH E COMPACT 35 32 HOUSE BILL 345
BECOMES LAW IN THAT STATE. ANY RULE THAT HAS BEE N PREVIOUSLY ADOPTED BY 1
THE COMMISSION SHALL HAVE THE FULL FOR CE AND EFFECT OF LAW ON THE DAY 2
THE COMPACT BECOMES LAW I N THAT STATE. 3
(B) ANY MEMBER STATE MAY WITHDRAW FROM THE COMPACT BY 4
ENACTING A STATUTE R EPEALING THE SAME . 5
(1) A MEMBER STATE ’S WITHDRAWAL SHALL N OT TAKE EFFECT 6
UNTIL 180 DAYS AFTER ENACTMENT OF THE REPEALING STATUT E. 7
(2) WITHDRAWAL SHALL NOT AFFECT THE CONTINUIN G 8
REQUIREMENT OF THE W ITHDRAWING STATE ’S LICENSING AUTHORIT Y TO COMPLY 9
WITH THE INVESTIGATI VE AND ADVERSE ACTIO N REPORTING REQUIREM ENTS OF 10
THIS ACT PRIOR TO TH E EFFECTIVE DATE OF WITHDRAWAL. 11
(3) UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM THIS 12
COMPACT, A STATE SHALL IMMEDI ATELY PROVIDE NOTICE OF SUCH WITHDRAWAL 13
TO ALL LICENSEES WIT HIN THAT STATE . NOTWITHSTANDING ANY S UBSEQUENT 14
STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STATE SH ALL 15
CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT 16
FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF SUCH NOTICE OF WI THDRAWAL. 17
(C) NOTHING CONTAINED IN THIS COMPACT SHALL BE CONS TRUED TO 18
INVALIDATE OR PREVEN T ANY SOCIAL WORK LICENSURE AGR EEMENT OR OTHER 19
COOPERATIVE ARRANGEM ENT BETWEEN A MEMBER STATE AND A NON –MEMBER 20
STATE THAT DOES NOT CONFLICT WITH THE PR OVISIONS OF THIS COMPACT. 21
(D) THIS COMPACT MAY BE AMENDE D BY THE MEMBER STAT ES. NO 22
AMENDMENT TO THE COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON ANY 23
MEMBER STATE UNTIL I T IS ENACTED INTO TH E LAWS OF ALL MEMBER STATES. 24
SECTION 15. CONSTRUCTION AND SEVERABILITY. 25
(A) THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 26
SHALL BE LIBERALLY C ONSTRUED SO AS TO EFFECTUATE THE PURPO SES, AND THE 27
IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 28
COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F RULES 29
SHALL NOT BE CONSTRU ED TO LIMIT THE COMMISSION’S RULEMAKING AUTHORI TY 30
SOLELY FOR THOSE PURPOSES. 31
(B) THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY 32
PHRASE, CLAUSE, SENTENCE OR PROVISIO N OF THIS COMPACT IS HELD BY A COURT 33
OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY 34
MEMBER STATE , A STATE SEEKING PART ICIPATION IN THE COMPACT, OR OF THE 35 HOUSE BILL 345 33
UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVER NMENT, AGENCY, 1
PERSON OR CIRCUMSTAN CE IS HELD TO BE UNC ONSTITUTIONAL BY A C OURT OF 2
COMPETENT JURISDICTI ON, THE VALIDITY OF THE REMAINDER OF THE COMPACT 3
AND THE APPLICA BILITY THEREOF TO AN Y GOVERNMENT , AGENCY, PERSON, OR 4
CIRCUMSTANCE SHALL N OT BE AFFECTED THERE BY. 5
(C) NOTWITHSTANDING SUBSE CTION (B) OF THIS SECTION , THE 6
COMMISSION MAY DENY A STATE’S PARTICIPATION IN T HE COMPACT OR , IN 7
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 13(B), TERMINATE A MEMBER 8
STATE’S PARTICIPATION IN T HE COMPACT, IF IT DETERMINES THA T A 9
CONSTITUTIONAL REQUI REMENT OF A MEMBER S TATE IS A MATERIAL D EPARTURE 10
FROM THE COMPACT. OTHERWISE, IF THIS COMPACT SHALL BE HELD TO BE 11
CONTRARY TO THE CONS TITUTION OF ANY MEMBER ST ATE, THE COMPACT SHALL 12
REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STA TES AND 13
IN FULL FORCE AND EF FECT AS TO THE MEMBE R STATE AFFECTED AS TO ALL 14
SEVERABLE MATTERS . 15
SECTION 16. BINDING EFFECT OF COMPACT AND OTHER LAWS. 16
(A) A LICENSEE PROVIDING S ERVICES IN A REMOTE STATE UNDER A 17
MULTISTATE AUTHORIZA TION TO PRACTICE SHA LL ADHERE TO THE LAW S AND 18
REGULATIONS , INCLUDING LAWS , REGULATIONS , AND APPLICABLE STAND ARDS, OF 19
THE REMOTE STATE WHE RE THE CLIENT IS LOC ATED AT THE TIME CA RE IS 20
RENDERED. 21
(B) NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF 22
ANY OTHER LAW OF A M EMBER STATE THAT IS NOT INCONSISTENT WIT H THE 23
COMPACT. 24
(C) ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 25
REQUIREMENTS IN A ME MBER STATE IN CONFLI CT WITH THE COMPACT ARE 26
SUPERSEDED TO THE EX TENT OF THE CONFLICT . 27
(D) ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 28
MEMBER STATES ARE BI NDING IN ACCORDANCE WITH THEIR TERMS . 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 30
enacting of substantially similar legislation in six other states. The Maryland Department 31
of Health shall notify the Department of Legislative Services within 10 days after six states 32
have enacted legislation that is substantially similar to this Act. 33
SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 34
Act, this Act shall take effect October 1, 2025. 35
34 HOUSE BILL 345
Approved:
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Governor.
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Speaker of the House of Delegates.
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President of the Senate.