Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 10 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 10 | |
5 | - | (Senate Bill 174) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *sb0174* | |
8 | 9 | ||
9 | - | Interstate Social Work Licensure Compact | |
10 | + | SENATE BILL 174 | |
11 | + | J2 5lr1585 | |
12 | + | SB 204/24 – FIN (PRE–FILED) CF HB 345 | |
13 | + | By: Senator Benson | |
14 | + | Requested: October 31, 2024 | |
15 | + | Introduced and read first time: January 8, 2025 | |
16 | + | Assigned to: Finance | |
17 | + | Committee Report: Favorable with amendments | |
18 | + | Senate action: Adopted | |
19 | + | Read second time: February 11, 2025 | |
10 | 20 | ||
11 | - | FOR the purpose of entering into the Social Work Licensure Compact for the purpose of | |
12 | - | authorizing regulated social workers who hold multistate licenses to practice social | |
13 | - | work in member states; establishing requirements for multistate licensure; | |
14 | - | establishing the Social Work Licensure Compact Commission; providing for | |
15 | - | withdrawal from the Compact; and generally relating to the Social Work Licensure | |
16 | - | Compact. | |
21 | + | CHAPTER ______ | |
17 | 22 | ||
18 | - | BY adding to | |
19 | - | Article – Health Occupations | |
20 | - | Section 19–3A–01 to be under the new subtitle “Subtitle 3A. Interstate Social Work | |
21 | - | Licensure Compact” | |
22 | - | Annotated Code of Maryland | |
23 | - | (2021 Replacement Volume and 2024 Supplement) | |
23 | + | AN ACT concerning 1 | |
24 | 24 | ||
25 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
26 | - | That the Laws of Maryland read as follows: | |
25 | + | Interstate Social Work Licensure Compact 2 | |
27 | 26 | ||
28 | - | Article – Health Occupations | |
27 | + | FOR the purpose of entering into the Social Work Licensure Compact for the purpose of 3 | |
28 | + | authorizing regulated social workers who hold multistate licenses to practice social 4 | |
29 | + | work in member states; establishing requirements for multistate licensure; 5 | |
30 | + | establishing the Social Work Licensure Compact Commission; providing for 6 | |
31 | + | withdrawal from the Compact; and generally relating to the Social Work Licensure 7 | |
32 | + | Compact. 8 | |
29 | 33 | ||
30 | - | SUBTITLE 3A. INTERSTATE SOCIAL WORK LICENSURE COMPACT. | |
34 | + | BY adding to 9 | |
35 | + | Article – Health Occupations 10 | |
36 | + | Section 19–3A–01 to be under the new subtitle “Subtitle 3A. Interstate Social Work 11 | |
37 | + | Licensure Compact” 12 | |
38 | + | Annotated Code of Maryland 13 | |
39 | + | (2021 Replacement Volume and 2024 Supplement) 14 | |
31 | 40 | ||
32 | - | 19–3A–01. | |
41 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
42 | + | That the Laws of Maryland read as follows: 16 | |
33 | 43 | ||
34 | - | THE SOCIAL WORK LICENSURE COMPACT IS ENACTED IN TO LAW AND | |
35 | - | ENTERED INTO WITH AL L OTHER STATES LEGAL LY JOINING IN IT IN THE FORM | |
36 | - | SUBSTANTIALLY AS IT APPEARS IN THIS SECT ION AS FOLLOWS : | |
44 | + | Article – Health Occupations 17 | |
37 | 45 | ||
38 | - | ||
46 | + | SUBTITLE 3A. INTERSTATE SOCIAL WORK LICENSURE COMPACT. 18 | |
39 | 47 | ||
40 | - | THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE INTERSTATE PRAC TICE | |
41 | - | OF REGULATED SOCIAL WORKERS BY IMPROVING PUBLIC ACCESS TO COM PETENT | |
42 | - | SOCIAL WORK SERVICES . THE COMPACT PRESERVES THE REGULATORY AUTHORITY | |
43 | - | OF STATES TO PROTECT PUBLIC HEALTH AND SA FETY THROUGH THE CUR RENT | |
44 | - | SYSTEM OF STATE LICE NSURE. THIS COMPACT IS DESIG NED TO ACHIEVE THE | |
45 | - | FOLLOWING OBJECTIVES : | |
48 | + | 19–3A–01. 19 2 SENATE BILL 174 | |
46 | 49 | ||
47 | - | (1) INCREASE PUBLIC ACCES S TO SOCIAL WORKERS ; | |
48 | - | Ch. 10 2025 LAWS OF MARYLAND | |
49 | 50 | ||
50 | - | – 2 – | |
51 | - | (2) REDUCE OVERLY BURDENS OME AND DUPLICATIVE | |
52 | - | REQUIREMENTS ASSOCIA TED WITH HOLDING MUL TIPLE LICENSES; | |
53 | 51 | ||
54 | - | (3) ENHANCE THE MEMBER ST ATES’ ABILITY TO PROTECT T HE | |
55 | - | PUBLIC’S HEALTH AND SAFETY ; | |
52 | + | THE SOCIAL WORK LICENSURE COMPACT IS ENACTED IN TO LAW AND 1 | |
53 | + | ENTERED INTO WITH AL L OTHER STATES LEGAL LY JOINING IN IT IN THE FORM 2 | |
54 | + | SUBSTANTIALLY AS IT APPEARS IN THIS SECT ION AS FOLLOWS : 3 | |
56 | 55 | ||
57 | - | (4) ENCOURAGE THE COOPERA TION OF MEMBER STATE S IN | |
58 | - | REGULATING MULTISTAT E PRACTICE; | |
56 | + | SECTION 1. PURPOSE. 4 | |
59 | 57 | ||
60 | - | (5) PROMOTE MOBILITY AND ADDRESS WORKFORCE SH ORTAGES BY | |
61 | - | ELIMINATING THE NECE SSITY FOR LICENSES I N MULTIPLE STATES BY PROVIDING | |
62 | - | FOR THE MUTUAL RECOGNITION OF OTHER MEMBER STATE LICENSE S; | |
58 | + | THE PURPOSE OF TH IS COMPACT IS TO FACILIT ATE INTERSTATE PRACT ICE 5 | |
59 | + | OF REGULATED SOCIAL WORKERS BY IMPROVING PUBLIC ACCESS TO COM PETENT 6 | |
60 | + | SOCIAL WORK SERVICES . THE COMPACT PRESERVES THE REGULATORY AUTHORITY 7 | |
61 | + | OF STATES TO PROTECT PUBLIC HEALTH AND SA FETY THROUGH THE CUR RENT 8 | |
62 | + | SYSTEM OF STATE LICENSURE . THIS COMPACT IS DESIGNED T O ACHIEVE THE 9 | |
63 | + | FOLLOWING OBJECTIVES : 10 | |
63 | 64 | ||
64 | - | ( | |
65 | + | (1) INCREASE PUBLIC ACCES S TO SOCIAL WORKERS ; 11 | |
65 | 66 | ||
66 | - | ( | |
67 | - | ||
67 | + | (2) REDUCE OVERLY BURDENS OME AND DUPLICATIVE 12 | |
68 | + | REQUIREMENTS ASSOCIA TED WITH HOLDING MUL TIPLE LICENSES; 13 | |
68 | 69 | ||
69 | - | (8) AUTHORIZE ALL MEMBER STATES TO HOLD A REG ULATED SOCIAL | |
70 | - | WORKER ACCOUNTABLE F OR ABIDING BY A MEMBER STATE’S LAWS, REGULATIONS , | |
71 | - | AND APPLICABLE PROFE SSIONAL STANDARDS IN THE MEMBER STATE IN WHICH THE | |
72 | - | CLIENT IS LOCATED AT THE TIME CARE IS REN DERED; AND | |
70 | + | (3) ENHANCE THE MEMBER STATES ’ ABILITY TO PROTECT T HE 14 | |
71 | + | PUBLIC’S HEALTH AND SAFETY ; 15 | |
73 | 72 | ||
74 | - | ( | |
75 | - | ||
73 | + | (4) ENCOURAGE THE COOPERA TION OF MEMBER STATE S IN 16 | |
74 | + | REGULATING MULTISTAT E PRACTICE; 17 | |
76 | 75 | ||
77 | - | SECTION 2. DEFINITIONS. | |
76 | + | (5) PROMOTE MOBILITY AND ADDRESS WORKFORCE SH ORTAGES BY 18 | |
77 | + | ELIMINATING THE NECE SSITY FOR LICENSES I N MULTIPLE STATES BY PROVI DING 19 | |
78 | + | FOR THE MUTUAL RECOG NITION OF OTHER MEMB ER STATE LICENSES ; 20 | |
78 | 79 | ||
79 | - | AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE | |
80 | - | FOLLOWING DEFINITION S SHALL APPLY: | |
80 | + | (6) SUPPORT MILITARY FAMI LIES; 21 | |
81 | 81 | ||
82 | - | (1) “ACTIVE MILITARY MEMBE R” MEANS ANY INDIVIDUAL WITH | |
83 | - | FULL–TIME DUTY STATUS IN THE ACTIVE ARMED FOR CES OF THE UNITED STATES, | |
84 | - | INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE. | |
82 | + | (7) FACILITATE THE EXCHAN GE OF LICENSURE AND DISCIPLINARY 22 | |
83 | + | INFORMATION AMONG ME MBER STATES; 23 | |
85 | 84 | ||
86 | - | (2) “ADVERSE ACTION ” MEANS ANY ADMINISTRA TIVE, CIVIL, | |
87 | - | EQUITABLE, OR CRIMINAL ACTION P ERMITTED BY A STATE ’S LAWS WHICH IS | |
88 | - | IMPOSED BY A LICENSI NG AUTHORITY OR OTHE R AUTHORITY AGAINST A | |
89 | - | REGULATED SOCIAL WOR KER, INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S | |
90 | - | LICENSE OR MULTISTATE AUTHORIZA TION TO PRACTICE SUC H AS REVOCATION , | |
91 | - | SUSPENSION, PROBATION, MONITORING OF THE LI CENSEE, LIMITATION ON THE | |
92 | - | LICENSEE’S PRACTICE, OR ANY OTHER ENCUMBR ANCE ON LICENSURE AF FECTING A WES MOORE, Governor Ch. 10 | |
85 | + | (8) AUTHORIZE ALL MEMBER STATES TO HOLD A REGULATED SOCIAL 24 | |
86 | + | WORKER ACCOUNTABLE F OR ABIDING BY A MEMB ER STATE’S LAWS, REGULATIONS , 25 | |
87 | + | AND APPLICABLE PROFE SSIONAL STANDARDS IN THE MEMBER STATE IN WHICH THE 26 | |
88 | + | CLIENT IS LOCATED AT THE TIME CARE IS REN DERED; AND 27 | |
93 | 89 | ||
94 | - | – 3 – | |
95 | - | REGULATED SOCIAL WOR KER’S AUTHORIZATION TO P RACTICE, INCLUDING | |
96 | - | ISSUANCE OF A CEASE AND DESIST ACTION . | |
90 | + | (9) ALLOW THE USE OF TELE HEALTH TO FACILITATE INCREASED 28 | |
91 | + | ACCESS TO REGULATED SOCIAL WORK SERVICES . 29 | |
97 | 92 | ||
98 | - | (3) “ALTERNATIVE PROGRAM ” MEANS A NON –DISCIPLINARY | |
99 | - | MONITORING OR PRACTI CE REMEDIATION PROCE SS APPROVED BY A LIC ENSING | |
100 | - | AUTHORITY TO ADDRESS PRACTITIONERS WITH A N IMPAIRMENT . | |
93 | + | SECTION 2. DEFINITIONS. 30 | |
94 | + | SENATE BILL 174 3 | |
101 | 95 | ||
102 | - | (4) “CHARTER MEMBER STATES ” MEANS MEMBER STATES WHO HA VE | |
103 | - | ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH LE GISLATION | |
104 | - | PREDATES THE EFFECTI VE DATE OF THIS COMPACT AS DESCRIBED IN SECTION 14. | |
105 | 96 | ||
106 | - | (5) “COMPACT COMMISSION ” OR “COMMISSION” MEANS THE | |
107 | - | GOVERNMENT AGENCY WH OSE MEMBERSHIP CONSI STS OF ALL STATES THA T HAVE | |
108 | - | ENACTED THIS COMPACT, WHICH IS KNOWN AS TH E SOCIAL WORK LICENSURE | |
109 | - | COMPACT COMMISSION, AS DESCRIBED IN SECTION 10, AND WHICH SHALL | |
110 | - | OPERATE AS AN INSTRU MENTALITY OF THE MEM BER STATES. | |
97 | + | AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE 1 | |
98 | + | FOLLOWING DEFINITION S SHALL APPLY: 2 | |
111 | 99 | ||
112 | - | (6) “CURRENT SIGNIFICANT I NVESTIGATIVE INFOR MATION” MEANS: | |
100 | + | (1) “ACTIVE MILITARY MEMBE R” MEANS ANY INDIVIDUAL WITH 3 | |
101 | + | FULL–TIME DUTY STATUS IN THE A CTIVE ARMED FORCES O F THE UNITED STATES, 4 | |
102 | + | INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE. 5 | |
113 | 103 | ||
114 | - | (I) INVESTIGATIVE INFORMA TION THAT A LICENSIN G | |
115 | - | AUTHORITY, AFTER A PRELIMINARY INQUIRY THAT INCLUDE S NOTIFICATION AND | |
116 | - | AN OPPORTUNITY FOR T HE REGULATED SOCIAL WORKER TO RESPOND HA S REASON | |
117 | - | TO BELIEVE IS NOT GR OUNDLESS AND , IF PROVED TRUE , WOULD INDICATE MORE | |
118 | - | THAN A MINOR INFRACT ION AS MAY BE DEFINE D BY THE COMMISSION; OR | |
104 | + | (2) “ADVERSE ACTION ” MEANS ANY ADMINISTRA TIVE, CIVIL, 6 | |
105 | + | EQUITABLE, OR CRIMINAL ACTION P ERMITTED BY A STATE ’S LAWS WHICH IS 7 | |
106 | + | IMPOSED BY A LICEN SING AUTHORITY OR OT HER AUTHORITY AGAINS T A 8 | |
107 | + | REGULATED SOCIAL WOR KER, INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S 9 | |
108 | + | LICENSE OR MULTISTAT E AUTHORIZATION TO P RACTICE SUCH AS REVO CATION, 10 | |
109 | + | SUSPENSION, PROBATION, MONITORING OF THE LI CENSEE, LIMITATION ON THE 11 | |
110 | + | LICENSEE’S PRACTICE, OR ANY OTHER ENCUMBR ANCE ON LICENSURE AF FECTING A 12 | |
111 | + | REGULATED SOCIAL WOR KER’S AUTHORIZATION TO P RACTICE, INCLUDING 13 | |
112 | + | ISSUANCE OF A CEASE AND DESIST ACTION . 14 | |
119 | 113 | ||
120 | - | (II) INVESTIGATIVE INFORMA TION THAT INDICATES THAT THE | |
121 | - | REGULATED SOCIAL WOR KER REPRESENTS AN IM MEDIATE THREAT TO PU BLIC | |
122 | - | HEALTH AND SAFETY , AS MAY BE DEFINED BY THE COMMISSION, REGARDLESS OF | |
123 | - | WHETHER THE REGULATE D SOCIAL WORKER HAS BEEN NOTIFIED AND HA S HAD AN | |
124 | - | OPPORTUNITY TO RESPO ND. | |
114 | + | (3) “ALTERNATIVE PROGRAM ” MEANS A NON –DISCIPLINARY 15 | |
115 | + | MONITORING OR PRACTI CE REMEDIATION PROCESS APPROVED BY A LICENSING 16 | |
116 | + | AUTHORITY TO ADDRESS PRACTITIONERS WITH A N IMPAIRMENT . 17 | |
125 | 117 | ||
126 | - | (7) “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT | |
127 | - | LICENSEES, INCLUDING CONTINUING EDUCATION, EXAMINATION , LICENSURE, | |
128 | - | CURRENT SIGNI FICANT INVESTIGATIVE INFORMATION , DISQUALIFYING EVENT , | |
129 | - | MULTISTATE LICENSE , AND ADVERSE ACTION I NFORMATION OR OTHER | |
130 | - | INFORMATION AS REQUI RED BY THE COMMISSION. | |
118 | + | (4) “CHARTER MEMBER STATES ” MEANS MEMBER STATES WHO HAVE 18 | |
119 | + | ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH LE GISLATION 19 | |
120 | + | PREDATES THE EFFECTI VE DATE OF THIS COMPACT AS DESCRIBED IN SECTION 14. 20 | |
131 | 121 | ||
132 | - | (8) “DISQUALIFYING EVENT ” MEANS ANY ADVERSE AC TION OR | |
133 | - | INCIDENT WHICH RESUL TS IN AN ENCUMBRANCE THAT DISQUALIFIES OR MAKES | |
134 | - | THE LICENSEE INELIGI BLE TO OBTAIN, RETAIN, OR RENEW A MULTISTAT E LICENSE. | |
122 | + | (5) “COMPACT COMMISSION ” OR “COMMISSION” MEANS THE 21 | |
123 | + | GOVERNMENT AGENCY WH OSE MEMBERSHIP CONSI STS OF ALL STATES TH AT HAVE 22 | |
124 | + | ENACTED THIS COMPACT, WHICH IS KNOWN AS TH E SOCIAL WORK LICENSURE 23 | |
125 | + | COMPACT COMMISSION, AS DESCRIBED IN SECTION 10, AND WHICH SHALL 24 | |
126 | + | OPERATE AS AN INSTRU MENTALITY OF THE MEM BER STATES. 25 | |
135 | 127 | ||
136 | - | (9) “DOMICILE” MEANS THE JURISDICTI ON IN WHICH THE LICE NSEE | |
137 | - | RESIDES AND INTENDS TO REMAIN INDEFINITE LY. | |
138 | - | Ch. 10 2025 LAWS OF MARYLAND | |
128 | + | (6) “CURRENT SIGNIFICANT I NVESTIGATIVE INFORMA TION” MEANS: 26 | |
139 | 129 | ||
140 | - | – 4 – | |
141 | - | (10) “ENCUMBRANCE ” MEANS A REVOCATION O R SUSPENSION OF, OR | |
142 | - | ANY LIMITATION ON , THE FULL AND UNRESTR ICTED PRACTICE OF SO CIAL WORK | |
143 | - | LICENSED AND REGULAT ED BY A LICENSING AU THORITY. | |
130 | + | (I) INVESTIGATIVE INFORMA TION THAT A LICENSIN G 27 | |
131 | + | AUTHORITY, AFTER A PRELIMINARY INQUIRY THAT INCLUDE S NOTIFICATION A ND 28 | |
132 | + | AN OPPORTUNITY FOR T HE REGULATED SOCIAL WORKER TO RESPOND HA S REASON 29 | |
133 | + | TO BELIEVE IS NOT GR OUNDLESS AND , IF PROVED TRUE , WOULD INDICATE MORE 30 | |
134 | + | THAN A MINOR INFRACT ION AS MAY BE DEFINE D BY THE COMMISSION; OR 31 | |
144 | 135 | ||
145 | - | (11) “EXECUTIVE COMMITTEE ” MEANS A GROUP OF DEL EGATES | |
146 | - | ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWER S | |
147 | - | GRANTED TO THEM BY , THE COMPACT AND COMMISSION. | |
136 | + | (II) INVESTIGATIVE INFORMA TION THAT INDICATES THAT THE 32 | |
137 | + | REGULATED SOCIAL WOR KER REPRESENTS AN IM MEDIATE THREAT TO PU BLIC 33 | |
138 | + | HEALTH AND SAFETY , AS MAY BE DEFINED BY THE COMMISSION, REGARDLESS OF 34 | |
139 | + | WHETHER THE REGULATE D SOCIAL WORKER HAS BEEN NOTIFIED AND HA S HAD AN 35 | |
140 | + | OPPORTUNITY TO RESPO ND. 36 4 SENATE BILL 174 | |
148 | 141 | ||
149 | - | (12) “HOME STATE ” MEANS THE MEMBER STA TE THAT IS THE | |
150 | - | LICENSEE’S PRIMARY DOMICILE . | |
151 | 142 | ||
152 | - | (13) “IMPAIRMENT ” MEANS A CONDITION TH AT MAY IMPAIR A | |
153 | - | PRACTITIONER ’S ABILITY TO ENGAGE IN FULL AND UNRESTRI CTED PRACTICE AS A | |
154 | - | REGULATED SOCIAL WOR KER WITHOUT SOME TYP E OF INTERVENTION AN D MAY | |
155 | - | INCLUDE ALCOHOL AND DRUG DEPENDENCE , MENTAL HEALTH IMPAIR MENT, AND | |
156 | - | NEUROLOGICAL OR PHYS ICAL IMPAIRMENTS . | |
157 | 143 | ||
158 | - | (14) “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A | |
159 | - | LICENSE FROM A STATE TO PRACTICE AS A REG ULATED SOCIAL WORKER . | |
144 | + | (7) “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT 1 | |
145 | + | LICENSEES, INCLUDING CONTINUING EDUCATION, EXAMINATION , LICENSURE, 2 | |
146 | + | CURRENT SIGNIFICANT INVESTIGATIVE INFORM ATION, DISQUALIFYING EVENT , 3 | |
147 | + | MULTISTATE LICENSE , AND ADVERSE ACTION I NFORMATION OR OTHER 4 | |
148 | + | INFORMATION AS REQU IRED BY THE COMMISSION. 5 | |
160 | 149 | ||
161 | - | ( | |
162 | - | ||
163 | - | ||
150 | + | (8) “DISQUALIFYING EVENT ” MEANS ANY ADVERSE AC TION OR 6 | |
151 | + | INCIDENT WHICH RESUL TS IN AN ENCUMBRANCE THAT DISQUALIFIES OR MAKES 7 | |
152 | + | THE LICENSEE INELIGI BLE TO OBTAIN, RETAIN, OR RENEW A MULTISTAT E LICENSE. 8 | |
164 | 153 | ||
165 | - | (16) “MEMBER STATE ” MEANS A STATE , COMMONWEALTH , DISTRICT, | |
166 | - | OR TERRITORY OF THE UNITED STATES OF AMERICA THAT HAS ENAC TED THIS | |
167 | - | COMPACT. | |
154 | + | (9) “DOMICILE” MEANS THE JURIS DICTION IN WHICH THE LICENSEE 9 | |
155 | + | RESIDES AND INTENDS TO REMAIN INDEFINITE LY. 10 | |
168 | 156 | ||
169 | - | (17) “MULTISTATE AUTHORIZAT ION TO PRACTICE ” MEANS A LEGALLY | |
170 | - | AUTHORIZED PRIVILEGE TO PRACTICE , WHICH IS EQUIVALENT TO A LICENSE , | |
171 | - | ASSOCIATED WITH A MU LTISTATE LICENSE PERMITTING T HE PRACTICE OF SOCIA L | |
172 | - | WORK IN A REMOTE STA TE. | |
157 | + | (10) “ENCUMBRANCE ” MEANS A REVOCATION O R SUSPENSION OF , OR 11 | |
158 | + | ANY LIMITATION ON , THE FULL AND UNRESTR ICTED PRACTICE OF SO CIAL WORK 12 | |
159 | + | LICENSED AND REGULAT ED BY A LICENSING AU THORITY. 13 | |
173 | 160 | ||
174 | - | (18) “MULTISTATE LICENSE ” MEANS A LICENSE TO P RACTICE AS A | |
175 | - | REGULATED SOCIAL WOR KER ISSUED BY A HOME STATE LICENSING AUTH ORITY | |
176 | - | THAT AUTHORIZES THE REGULATED SOCIAL WOR KER TO PRACTICE IN ALL MEMBER | |
177 | - | STATES UNDER MULTIST ATE AUTHORIZATION TO PRACTICE. | |
161 | + | (11) “EXECUTIVE COMMITTEE ” MEANS A GROUP OF DEL EGATES 14 | |
162 | + | ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE POWER S 15 | |
163 | + | GRANTED TO THEM BY , THE COMPACT AND COMMISSION. 16 | |
178 | 164 | ||
179 | - | (19) “QUALIFYING NATIONAL E XAM” MEANS A NATIONAL LIC ENSING | |
180 | - | EXAMINATION APPROVED BY THE COMMISSION. | |
181 | - | WES MOORE, Governor Ch. 10 | |
165 | + | (12) “HOME STATE ” MEANS THE MEMBER STA TE THAT IS THE 17 | |
166 | + | LICENSEE’S PRIMARY DOMICILE . 18 | |
182 | 167 | ||
183 | - | – 5 – | |
184 | - | (20) “REGULATED SOCIAL WORK ER” MEANS ANY CLINICAL , MASTER’S, | |
185 | - | OR BACHELOR ’S SOCIAL WORKER LICENSED BY A MEMBER STATE REGARDLESS OF | |
186 | - | THE TITLE USED BY TH AT MEMBER STATE . | |
168 | + | (13) “IMPAIRMENT ” MEANS A CONDITION TH AT MAY IMPAIR A 19 | |
169 | + | PRACTITIONER ’S ABILITY TO ENGAGE IN FULL AND UNRESTRI CTED PRACTICE AS A 20 | |
170 | + | REGULATED SOCIAL WOR KER WITHOUT SOME TYP E OF INTERVENTION AN D MAY 21 | |
171 | + | INCLUDE ALCOHOL AND DRUG DEPENDENCE , MENTAL HEALTH IMPAIR MENT, AND 22 | |
172 | + | NEUROLOGICAL OR PHYS ICAL IMPAIRMENTS . 23 | |
187 | 173 | ||
188 | - | ( | |
189 | - | ||
174 | + | (14) “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A 24 | |
175 | + | LICENSE FROM A STATE TO PRACTICE AS A REG ULATED SOCIAL WORKER . 25 | |
190 | 176 | ||
191 | - | ( | |
192 | - | ||
193 | - | ||
177 | + | (15) “LICENSING AUTHORITY ” MEANS THE BOARD OR A GENCY OF A 26 | |
178 | + | MEMBER STATE , OR EQUIVALENT , THAT IS RESPONSIBLE FO R THE LICENSING AND 27 | |
179 | + | REGULATION OF REGULA TED SOCIAL WORKERS . 28 | |
194 | 180 | ||
195 | - | (23) “SINGLE STATE LICENSE ” MEANS A SOCIAL WORK LICENSE | |
196 | - | ISSUED BY ANY STATE THAT AUTHORIZES PRAC TICE ONLY WITHIN THE ISSUING | |
197 | - | STATE AND DOES NOT I NCLUDE MULTISTATE AU THORIZATION TO PRACT ICE IN ANY | |
198 | - | MEMBER S TATE. | |
181 | + | (16) “MEMBER STATE ” MEANS A STATE , COMMONWEALTH , DISTRICT, 29 | |
182 | + | OR TERRITORY OF THE UNITED STATES OF AMERICA THAT HAS ENAC TED THIS 30 | |
183 | + | COMPACT. 31 | |
199 | 184 | ||
200 | - | (24) “SOCIAL WORK ” OR “SOCIAL WORK SERVICES ” MEANS THE | |
201 | - | APPLICATION OF SOCIA L WORK THEORY , KNOWLEDGE , METHODS, ETHICS, AND THE | |
202 | - | PROFESSIONAL USE OF SELF TO RESTORE OR E NHANCE SOCIAL , PSYCHOSOCIAL , OR | |
203 | - | BIOPSYCHOSOCIAL FUNC TIONING OF INDIVIDUA LS, COUPLES, FAMILIES, GROUPS, | |
204 | - | ORGANIZATIONS , AND COMMUNITIES THRO UGH THE CARE AND SER VICES PROVIDED | |
205 | - | BY A REGULATED SOCIA L WORKER AS SET FORT H IN THE MEMBER STAT E’S | |
206 | - | STATUTES AND REGULAT IONS IN THE STATE WH ERE THE SERVICES ARE BEING | |
207 | - | PROVIDED. | |
185 | + | (17) “MULTISTATE AUTHORIZAT ION TO PRACTICE” MEANS A LEGALLY 32 | |
186 | + | AUTHORIZED PRIVILEGE TO PRACTICE , WHICH IS EQUIVALENT TO A LICENSE , 33 SENATE BILL 174 5 | |
208 | 187 | ||
209 | - | (25) “STATE” MEANS ANY STATE, COMMONWEALTH , DISTRICT, OR | |
210 | - | TERRITORY OF THE UNITED STATES OF AMERICA THAT REGULATE S THE PRACTICE | |
211 | - | OF SOCIAL WORK . | |
212 | 188 | ||
213 | - | (26) “UNENCUMBERED LICENSE ” MEANS A LICENSE THAT | |
214 | - | AUTHORIZES A REGULAT ED SOCIAL WORKER TO ENGAGE IN THE FULL A ND | |
215 | - | UNRESTRICTED PRACT ICE OF SOCIAL WORK . | |
189 | + | ASSOCIATED WITH A MU LTISTATE LICENSE PER MITTING THE PRACTICE OF SOCIAL 1 | |
190 | + | WORK IN A REMOTE STA TE. 2 | |
216 | 191 | ||
217 | - | SECTION 3. STATE PARTICIPATION IN THE COMPACT. | |
192 | + | (18) “MULTISTATE LICENSE ” MEANS A LICENSE TO P RACTICE AS A 3 | |
193 | + | REGULATED SOCIAL WORKER IS SUED BY A HOME STATE LICENSING AUTHORITY 4 | |
194 | + | THAT AUTHORIZES THE REGULATED SOCIAL WOR KER TO PRACTICE IN A LL MEMBER 5 | |
195 | + | STATES UNDER MULTIST ATE AUTHORIZATION TO PRACTICE. 6 | |
218 | 196 | ||
219 | - | ( | |
220 | - | ||
197 | + | (19) “QUALIFYING NATIONAL E XAM” MEANS A NATIONAL LIC ENSING 7 | |
198 | + | EXAMINATION APPROVED BY THE COMMISSION. 8 | |
221 | 199 | ||
222 | - | (1) LICENSE AND REGULATE SOCIAL WORK AT EITHE R THE CLINICAL, | |
223 | - | MASTER’S OR BACHELOR ’S CATEGORY; | |
200 | + | (20) “REGULATED SOCIAL WORK ER” MEANS ANY CLINICAL , MASTER’S, 9 | |
201 | + | OR BACHELOR ’S SOCIAL WORKER LICE NSED BY A MEMBER STA TE REGARDLESS OF 10 | |
202 | + | THE TITLE USED BY TH AT MEMBER STATE . 11 | |
224 | 203 | ||
225 | - | (2) REQUIRE APPLICANTS FO R LICENSURE TO GRADU ATE FROM A | |
226 | - | PROGRAM THAT : | |
227 | - | Ch. 10 2025 LAWS OF MARYLAND | |
204 | + | (21) “REMOTE STATE ” MEANS A MEMBER STATE OTHER THAN THE 12 | |
205 | + | HOME STATE. 13 | |
228 | 206 | ||
229 | - | ||
230 | - | ||
231 | - | ||
207 | + | (22) “RULE” OR “RULE OF THE COMMISSION” MEANS A REGULATION 14 | |
208 | + | DULY PROMULGATED BY THE COMMISSION, AS AUTHORIZED BY THI S COMPACT, 15 | |
209 | + | THAT HAS THE FORCE O F LAW. 16 | |
232 | 210 | ||
233 | - | (II) IS ACCREDITED , OR IN CANDIDACY BY A N INSTITUTION | |
234 | - | THAT SUBSEQUENTLY BE COMES ACCREDITED , BY AN ACCREDITING AG ENCY | |
235 | - | RECOGNIZED BY EITHER : | |
211 | + | (23) “SINGLE STATE LICENSE ” MEANS A SOCIAL WORK LICENSE 17 | |
212 | + | ISSUED BY ANY STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSU ING 18 | |
213 | + | STATE AND DOES NOT I NCLUDE MULTISTATE AU THORIZATION TO PRACT ICE IN ANY 19 | |
214 | + | MEMBER STATE . 20 | |
236 | 215 | ||
237 | - | 1. THE COUNCIL FOR HIGHER EDUCATION | |
238 | - | ACCREDITATION OR ITS SUCCESSOR; OR | |
216 | + | (24) “SOCIAL WORK ” OR “SOCIAL WORK SERVICES ” MEANS THE 21 | |
217 | + | APPLICATION OF SOCIA L WORK THEORY , KNOWLEDGE , METHODS, ETHICS, AND THE 22 | |
218 | + | PROFESSIONAL USE OF SELF TO RESTORE OR E NHANCE SOCIAL , PSYCHOSOCIAL , OR 23 | |
219 | + | BIOPSYCHOSOCIAL FUNC TIONING OF INDIVIDUA LS, COUPLES, FAMILIES, GROUPS, 24 | |
220 | + | ORGANIZATIONS , AND COMMUNITIES THRO UGH THE CARE AND SER VICES PROVIDED 25 | |
221 | + | BY A REGULATED SOCIA L WORKER AS SET FORT H IN THE MEMBER STATE ’S 26 | |
222 | + | STATUTES AND REGULAT IONS IN THE STATE WH ERE THE SERVICES ARE BEING 27 | |
223 | + | PROVIDED. 28 | |
239 | 224 | ||
240 | - | 2. THE UNITED STATES DEPARTMENT OF EDUCATION; | |
241 | - | AND | |
225 | + | (25) “STATE” MEANS ANY STATE , COMMONWEALTH , DISTRICT, OR 29 | |
226 | + | TERRITORY OF THE UNITED STATES OF AMERICA THAT REGULATE S THE PRACTICE 30 | |
227 | + | OF SOCIAL WORK . 31 | |
242 | 228 | ||
243 | - | (III) CORRESPONDS TO THE LI CENSURE SOUGHT AS OUTLINED | |
244 | - | IN SECTION 4; | |
229 | + | (26) “UNENCUMBERED LICENSE ” MEANS A LICENSE THAT 32 | |
230 | + | AUTHORIZES A REGULAT ED SOCIAL WORKER TO ENGAGE IN THE FULL A ND 33 | |
231 | + | UNRESTRICTED PRACTIC E OF SOCIAL WORK . 34 | |
232 | + | 6 SENATE BILL 174 | |
245 | 233 | ||
246 | - | (3) REQUIRE APPLICANTS FO R CLINICAL LICENSURE TO COMPLETE A | |
247 | - | PERIOD OF SUPERVISED PRACTICE; AND | |
248 | 234 | ||
249 | - | (4) HAVE A MECHANISM IN P LACE FOR RECEIVING , INVESTIGATING , | |
250 | - | AND ADJUDICATING COM PLAINTS ABOUT LICENS EES. | |
235 | + | SECTION 3. STATE PARTICIPATION IN THE COMPACT. 1 | |
251 | 236 | ||
252 | - | (B) TO MAINTAIN MEMBERSHIP IN THE COMPACT A MEMBER STAT E SHALL: | |
237 | + | (A) TO BE ELIGIBLE TO PAR TICIPATE IN THE COMPACT, A POTENTIAL 2 | |
238 | + | MEMBER STATE MUST CUR RENTLY MEET ALL OF T HE FOLLOWING CRITERI A: 3 | |
253 | 239 | ||
254 | - | (1) REQUIRE THAT APPLICAN TS FOR A MULTISTATE LICENSE PASS A | |
255 | - | QUALIFYING NATIONAL EXAM FOR THE CORRESP ONDING CATEGORY OF | |
256 | - | MULTISTATE LICENSE S OUGHT AS OUTLINED IN SECTION 4; | |
240 | + | (1) LICENSE AND REGULATE SOCIAL WORK AT EITHE R THE CLINICAL, 4 | |
241 | + | MASTER’S OR BACHELOR ’S CATEGORY; 5 | |
257 | 242 | ||
258 | - | (2) | |
259 | - | ||
243 | + | (2) REQUIRE APPLICANTS FO R LICENSURE TO GRADU ATE FROM A 6 | |
244 | + | PROGRAM THAT : 7 | |
260 | 245 | ||
261 | - | (3) NOTIFY THE COMMISSION, IN COMPLIANCE WITH T HE TERMS OF | |
262 | - | THE COMPACT AND RULES , OF ANY ADVERSE ACTIO N OR THE AVAILABILIT Y OF | |
263 | - | CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION REGA RDING A LICENSEE ; | |
246 | + | (I) IS OPERATED BY A COLLEGE OR UNIVERS ITY RECOGNIZED 8 | |
247 | + | BY THE LICENSING AUT HORITY; 9 | |
264 | 248 | ||
265 | - | (4) IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL | |
266 | - | HISTORY RECORDS OF A PPLICANTS FOR A MULT ISTATE LICENSE . SUCH | |
267 | - | PROCEDURES SHALL INC LUDE THE SUBMISSION OF FINGERPRINTS OR O THER | |
268 | - | BIOMETRIC–BASED INFORMATION BY APPLICANTS FOR THE PURPO SE OF | |
269 | - | OBTAINING AN APPLICA NT’S CRIMINAL HISTORY R ECORD INFORMATION FR OM THE | |
270 | - | FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE F OR | |
271 | - | RETAINING THAT STATE ’S CRIMINAL RECORDS ; | |
272 | - | WES MOORE, Governor Ch. 10 | |
249 | + | (II) IS ACCREDITED , OR IN CANDIDACY BY A N INSTITUTION 10 | |
250 | + | THAT SUBSEQUENTLY BE COMES ACCREDITED , BY AN ACCREDITING AG ENCY 11 | |
251 | + | RECOGNIZED BY EITHER : 12 | |
273 | 252 | ||
274 | - | ||
275 | - | ||
253 | + | 1. THE COUNCIL FOR HIGHER EDUCATION 13 | |
254 | + | ACCREDITATION OR ITS SUCCESSO R; OR 14 | |
276 | 255 | ||
277 | - | (6) REQUIRE AN APPLICANT TO OBTAIN OR RETAIN A LICENSE IN THE | |
278 | - | HOME STATE AND MEET THE HOME STATE ’S QUALIFICATIONS FOR LICENSURE OR | |
279 | - | RENEWAL OF LICENSURE , AS WELL AS ALL OTHER APPLICABLE HOME STAT E LAWS; | |
256 | + | 2. THE UNITED STATES DEPARTMENT OF EDUCATION; 15 | |
257 | + | AND 16 | |
280 | 258 | ||
281 | - | (7) AUTHORIZE A LICENSEE HOLDING A MULTISTATE LICENSE IN ANY | |
282 | - | MEMBER STATE TO PRAC TICE IN ACCORDANCE W ITH THE TERMS OF THE COMPACT | |
283 | - | AND RULES OF THE COMMISSION; AND | |
259 | + | (III) CORRESPONDS TO THE LI CENSURE SOUGHT AS OU TLINED 17 | |
260 | + | IN SECTION 4; 18 | |
284 | 261 | ||
285 | - | ( | |
286 | - | ||
262 | + | (3) REQUIRE APPLICANTS FO R CLINICAL LICENSURE TO COMPLETE A 19 | |
263 | + | PERIOD OF SUPERVISED PRACTICE; AND 20 | |
287 | 264 | ||
288 | - | (C) A MEMBER STATE MEETING THE REQUIREMENTS OF SECTIONS 3(A) AND | |
289 | - | 3(B) OF THIS COMPACT SHALL DESIGNA TE THE CATEGORIES OF SOCIAL WORK | |
290 | - | LICENSURE THAT ARE E LIGIBLE FOR ISSUANCE OF A MULTISTATE LICE NSE FOR | |
291 | - | APPLICANTS IN SUCH M EMBER STATE . TO THE EXTENT THAT AN Y MEMBER STATE | |
292 | - | DOES NOT MEET THE RE QUIREMENTS FOR PARTI CIPATION IN THE COMPACT AT ANY | |
293 | - | PARTICULAR CATEGORY OF SOCIAL WORK LICEN SURE, SUCH MEMBER STATE MA Y | |
294 | - | CHOOSE, BUT IS NOT OBLIGATED TO, ISSUE A MULTISTATE L ICENSE TO APPLICANTS | |
295 | - | THAT OTHERWISE MEET THE REQUIREMENTS OF SECTION 4 FOR ISSUANCE OF A | |
296 | - | MULTISTATE LICENSE I N SUCH CATEGORY O R CATEGORIES OF LICE NSURE. | |
265 | + | (4) HAVE A MECHANISM IN P LACE FOR RECEIVING , INVESTIGATING , 21 | |
266 | + | AND ADJUDICATING COM PLAINTS ABOUT LICENS EES. 22 | |
297 | 267 | ||
298 | - | (D) THE HOME STATES MAY C HARGE A FEE FOR GRAN TING THE | |
299 | - | MULTISTATE LICENSE . | |
268 | + | (B) TO MAINTAIN MEMBERSHI P IN THE COMPACT A MEMBER STAT E SHALL: 23 | |
300 | 269 | ||
301 | - | SECTION 4. REGULATED SOCIAL WORKER PARTICIPATION IN THE | |
302 | - | COMPACT. | |
270 | + | (1) REQUIRE THAT APPLICAN TS FOR A MULTISTATE LICENSE PASS A 24 | |
271 | + | QUALIFYING NATIONAL EXAM FOR THE CORRESP ONDING CATEGORY OF 25 | |
272 | + | MULTISTATE LICENSE S OUGHT AS OUTLINED IN SECTION 4; 26 | |
303 | 273 | ||
304 | - | (A) TO BE ELIGIBLE FOR A MULTISTATE LICENSE U NDER THE TERMS AND | |
305 | - | PROVISIONS OF THE COMPACT, AN APPLICANT, REGARDLESS OF CATEGO RY MUST: | |
274 | + | (2) PARTICIPATE FULLY IN THE COMMISSION’S DATA SYSTEM , 27 | |
275 | + | INCLUDING USING THE COMMISSION’S UNIQUE IDENTIFIER AS DEFINED IN RULES ; 28 | |
276 | + | SENATE BILL 174 7 | |
306 | 277 | ||
307 | - | (1) HOLD OR BE ELIGIBLE F OR AN ACTIVE, UNENCUMBERED LICENSE | |
308 | - | IN THE HOME STATE ; | |
309 | 278 | ||
310 | - | (2) PAY ANY APPLICABLE FE ES, INCLUDING ANY STATE FEE, FOR THE | |
311 | - | MULTISTATE LICENSE ; | |
279 | + | (3) NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TE RMS OF 1 | |
280 | + | THE COMPACT AND RULES , OF ANY ADVERSE ACTIO N OR THE AVAILABILIT Y OF 2 | |
281 | + | CURRENT SIGNIFICANT INVESTIGATIVE INFORM ATION REGARDING A LI CENSEE; 3 | |
312 | 282 | ||
313 | - | (3) SUBMIT, IN CONNECTION WITH A N APPLICATION FOR A | |
314 | - | MULTISTATE LICENSE , FINGERPRINTS OR OTHE R BIOMETRIC DATA FOR THE | |
315 | - | PURPOSE OF OBTAINING CRIMINAL HISTORY REC ORD INFORMATION FROM THE | |
316 | - | FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE F OR | |
317 | - | RETAINING THAT STATE ’S CRIMINAL RECORDS ; | |
318 | - | Ch. 10 2025 LAWS OF MARYLAND | |
283 | + | (4) IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL 4 | |
284 | + | HISTORY RECORDS OF A PPLICANTS FOR A MULTISTATE LICENSE . SUCH 5 | |
285 | + | PROCEDURES SHALL INC LUDE THE SUBMISSION OF FINGERPRINTS OR O THER 6 | |
286 | + | BIOMETRIC–BASED INFORMATION BY APPLICANTS FOR THE P URPOSE OF 7 | |
287 | + | OBTAINING AN APPLICA NT’S CRIMINAL HISTORY R ECORD INFORMATION FR OM THE 8 | |
288 | + | FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIB LE FOR 9 | |
289 | + | RETAINING THAT STATE ’S CRIMINAL RECORDS ; 10 | |
319 | 290 | ||
320 | - | – 8 – | |
321 | - | (4) NOTIFY THE HOME STATE OF ANY ADVERSE ACTIO N, | |
322 | - | ENCUMBRANCE , OR RESTRICTION ON AN Y PROFESSIONAL LICEN SE TAKEN BY ANY | |
323 | - | MEMBER STATE OR NON –MEMBER STATE WITHIN 30 DAYS FROM THE DATE T HE | |
324 | - | ACTION IS TAKEN; | |
291 | + | (5) COMPLY WITH THE RULES OF THE COMMISSION; 11 | |
325 | 292 | ||
326 | - | (5) MEET ANY CONTINUING C OMPETENCE REQUIREMEN TS | |
327 | - | ESTABLISHED BY THE HOME STA TE; AND | |
293 | + | (6) REQUIRE AN APPLICANT TO OBTAIN OR RETAIN A LICENSE IN THE 12 | |
294 | + | HOME STATE AND MEET THE HOME STATE ’S QUALIFICATIONS FOR LICENSURE OR 13 | |
295 | + | RENEWAL OF LICENSURE , AS WELL AS ALL OTHER APPLICABLE HOME STAT E LAWS; 14 | |
328 | 296 | ||
329 | - | ( | |
330 | - | ||
331 | - | ||
297 | + | (7) AUTHORIZE A LICENSEE HOLDING A MULTISTATE LICENSE IN ANY 15 | |
298 | + | MEMBER STATE TO PRAC TICE IN ACCORDANCE W ITH THE TERMS OF THE COMPACT 16 | |
299 | + | AND RULES OF THE COMMISSION; AND 17 | |
332 | 300 | ||
333 | - | ( | |
334 | - | ||
301 | + | (8) DESIGNATE A DELEG ATE TO PARTICIPATE I N THE COMMISSION 18 | |
302 | + | MEETINGS. 19 | |
335 | 303 | ||
336 | - | (1) FULFILL A COMPETENCY REQUIREMENT , WHICH SHALL BE | |
337 | - | SATISFIED BY EITHER : | |
304 | + | (C) A MEMBER STATE MEETING THE REQUIREMENTS OF SECTIONS 3(A) AND 20 | |
305 | + | 3(B) OF THIS COMPACT SHALL DESIGNA TE THE CATEGORIES OF SOCIAL WORK 21 | |
306 | + | LICENSURE THAT ARE E LIGIBLE FOR ISSUANCE OF A MULTISTATE LICE NSE FOR 22 | |
307 | + | APPLICANTS IN SUCH MEMBER STATE. TO THE EXTENT THAT AN Y MEMBER STATE 23 | |
308 | + | DOES NOT MEET THE RE QUIREMENTS FOR PARTI CIPATION IN THE COMPACT AT ANY 24 | |
309 | + | PARTICULAR CATEGORY OF SOCIAL WORK LICEN SURE, SUCH MEMBER STATE MA Y 25 | |
310 | + | CHOOSE, BUT IS NOT OBLIGATED TO, ISSUE A MULTISTATE L ICENSE TO APPLICANTS 26 | |
311 | + | THAT OTHERWISE MEET THE REQUIREMENTS OF SECTION 4 FOR ISSUANCE OF A 27 | |
312 | + | MULTISTATE LICENSE I N SUCH CATEGORY OR C ATEGORIES OF LICENSU RE. 28 | |
338 | 313 | ||
339 | - | ( | |
340 | - | ||
314 | + | (D) THE HOME STATES MAY C HARGE A FEE FOR GRAN TING THE 29 | |
315 | + | MULTISTATE LICENSE . 30 | |
341 | 316 | ||
342 | - | (II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT | |
343 | - | THE CLINICAL CATEGOR Y, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING | |
344 | - | NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AND ACCOMPANIED BY A | |
345 | - | PERIOD OF CONTINUOUS SOCIAL WORK LICENSUR E THEREAFTER , ALL OF WHICH | |
346 | - | MAY BE FURTHER GOVER NED BY THE RULE OF T HE COMMISSION; OR | |
317 | + | SECTION 4. REGULATED SOCIAL WORKER PARTICIPATION IN THE 31 | |
318 | + | COMPACT. 32 | |
347 | 319 | ||
348 | - | (III) THE SUBST ANTIAL EQUIVALENCY O F THE FOREGOING | |
349 | - | COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE. | |
320 | + | (A) TO BE ELIGIBLE FOR A MULTISTATE LICENSE U NDER THE TERMS AND 33 | |
321 | + | PROVISIONS OF THE COMPACT, AN APPLICANT, REGARDLESS OF CATEGO RY MUST: 34 | |
322 | + | 8 SENATE BILL 174 | |
350 | 323 | ||
351 | - | (2) ATTAIN AT LEAST A MAS TER’S DEGREE IN SOCIAL W ORK FROM A | |
352 | - | PROGRAM THAT IS : | |
353 | 324 | ||
354 | - | ( | |
355 | - | THE | |
325 | + | (1) HOLD OR BE ELIGIBLE F OR AN ACTIVE, UNENCUMBERED LICENSE 1 | |
326 | + | IN THE HOME STATE ; 2 | |
356 | 327 | ||
357 | - | ( | |
358 | - | ||
328 | + | (2) PAY ANY APPLICABLE FE ES, INCLUDING ANY STATE FEE, FOR THE 3 | |
329 | + | MULTISTATE LICENSE ; 4 | |
359 | 330 | ||
360 | - | 1. THE COUNCIL FOR HIGHER EDUCATION | |
361 | - | ACCREDITATION OR ITS SUCCESSOR; OR | |
331 | + | (3) SUBMIT, IN CONNECTION WITH A N APPLICATION FOR A 5 | |
332 | + | MULTISTATE LICENSE , FINGERPRINTS OR OTHE R BIOMETRIC DATA FOR THE 6 | |
333 | + | PURPOSE OF OBTAINING CRIMINAL HISTORY REC ORD INFORM ATION FROM THE 7 | |
334 | + | FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE F OR 8 | |
335 | + | RETAINING THAT STATE ’S CRIMINAL RECORDS ; 9 | |
362 | 336 | ||
363 | - | 2. THE UNITED STATES DEPARTMENT OF EDUCATION; WES MOORE, Governor Ch. 10 | |
337 | + | (4) NOTIFY THE HOME STATE OF ANY ADVERSE ACTIO N, 10 | |
338 | + | ENCUMBRANCE , OR RESTRICTION ON AN Y PROFESSIONAL LICEN SE TAKEN BY ANY 11 | |
339 | + | MEMBER STATE OR NON–MEMBER STATE WITHIN 30 DAYS FROM THE DATE T HE 12 | |
340 | + | ACTION IS TAKEN; 13 | |
364 | 341 | ||
365 | - | – 9 – | |
342 | + | (5) MEET ANY CONTINUING C OMPETENCE REQUIREMEN TS 14 | |
343 | + | ESTABLISHED BY THE H OME STATE; AND 15 | |
366 | 344 | ||
367 | - | (3) FULFILL A PRACTICE RE QUIREMENT, WHICH SHALL BE SATIS FIED | |
368 | - | BY DEMONSTRATING COM PLETION OF EITHER : | |
345 | + | (6) ABIDE BY THE LAWS , REGULATIONS , AND APPLICABLE 16 | |
346 | + | STANDARDS IN THE MEM BER STATE WHERE THE CLIENT IS LOCATED AT THE TIME 17 | |
347 | + | CARE IS RENDERED . 18 | |
369 | 348 | ||
370 | - | ( | |
371 | - | ||
349 | + | (B) AN APPLICANT FOR A CL INICAL–CATEGORY MULTISTATE LICENSE MUST 19 | |
350 | + | MEET ALL OF THE FOLL OWING REQUIREMENTS : 20 | |
372 | 351 | ||
373 | - | ( | |
374 | - | ||
352 | + | (1) FULFILL A COMPETENCY REQUIREMENT , WHICH SHALL BE 21 | |
353 | + | SATISFIED BY EITHER : 22 | |
375 | 354 | ||
376 | - | ( | |
377 | - | ||
355 | + | (I) PASSAGE OF A CLINICAL–CATEGORY QUALIFYING 23 | |
356 | + | NATIONAL EXAM ; 24 | |
378 | 357 | ||
379 | - | (C) AN APPLICANT FOR A MA STER’S–CATEGORY MULTISTATE LICENSE | |
380 | - | MUST MEET ALL OF THE FOLLOWING REQUIREMEN TS: | |
358 | + | (II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT 25 | |
359 | + | THE CLINICAL CATEGOR Y, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING 26 | |
360 | + | NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AND ACCOMPANIED BY A 27 | |
361 | + | PERIOD OF CONTINUOU S SOCIAL WORK LICENS URE THEREAFTER , ALL OF WHICH 28 | |
362 | + | MAY BE FURTHER GOVER NED BY THE RULE OF T HE COMMISSION; OR 29 | |
381 | 363 | ||
382 | - | ( | |
383 | - | ||
364 | + | (III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING 30 | |
365 | + | COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE. 31 | |
384 | 366 | ||
385 | - | ( | |
386 | - | ||
367 | + | (2) ATTAIN AT LEAST A M ASTER’S DEGREE IN SOCIAL W ORK FROM A 32 | |
368 | + | PROGRAM THAT IS : 33 SENATE BILL 174 9 | |
387 | 369 | ||
388 | - | (II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT | |
389 | - | THE MASTER ’S CATEGORY, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING | |
390 | - | NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AT THE MASTER ’S CATEGORY | |
391 | - | AND ACCOMPANIED BY A CONTINUOUS PERIOD OF SOCIAL WORK LICENSUR E | |
392 | - | THEREAFTER , ALL OF WHICH MAY BE FURTHER GOVERNED BY THE RULE OF THE | |
393 | - | COMMISSION; OR | |
394 | 370 | ||
395 | - | (III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING | |
396 | - | COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE. | |
397 | 371 | ||
398 | - | ( | |
399 | - | ||
372 | + | (I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY 1 | |
373 | + | THE LICENSING AUTHOR ITY; AND 2 | |
400 | 374 | ||
401 | - | ( | |
402 | - | ||
375 | + | (II) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY 3 | |
376 | + | BECOMES ACCREDITED , BY AN ACCREDITING AG ENCY RECOGNIZED BY EITHER: 4 | |
403 | 377 | ||
404 | - | | |
405 | - | ||
378 | + | 1. THE COUNCIL FOR HIGHER EDUCATION 5 | |
379 | + | ACCREDITATION OR ITS SUCCESSOR; OR 6 | |
406 | 380 | ||
407 | - | 1. THE COUNCIL FOR HIGHER EDUCATION | |
408 | - | ACCREDITATION , OR ITS SUCCESSOR ; OR | |
409 | - | Ch. 10 2025 LAWS OF MARYLAND | |
381 | + | 2. THE UNITED STATES DEPARTMENT OF EDUCATION; 7 | |
410 | 382 | ||
411 | - | ||
412 | - | ||
383 | + | (3) FULFILL A PRACTICE RE QUIREMENT, WHICH SHALL BE SATIS FIED 8 | |
384 | + | BY DEMONSTRATING COM PLETION OF EITHER : 9 | |
413 | 385 | ||
414 | - | ( | |
415 | - | ||
386 | + | (I) A PERIOD O F POSTGRADUATE SUPER VISED CLINICAL 10 | |
387 | + | PRACTICE EQUAL TO A MINIMUM OF THREE THO USAND HOURS ; 11 | |
416 | 388 | ||
417 | - | ( | |
418 | - | ||
389 | + | (II) A MINIMUM OF TWO YEARS OF FULL–TIME POSTGRADUATE 12 | |
390 | + | SUPERVISED CLINICAL PRACTICE; OR 13 | |
419 | 391 | ||
420 | - | ( | |
421 | - | ||
392 | + | (III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING 14 | |
393 | + | PRACTICE REQUIREMENT S WHICH THE COMMISSION MAY DETERM INE BY RULE. 15 | |
422 | 394 | ||
423 | - | (II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT | |
424 | - | THE BACHELOR ’S CATEGORY, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING | |
425 | - | NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AND ACCOMPANIED BY A | |
426 | - | CONTINUOUS PERIOD OF SOCIAL WORK LICENSURE THEREA FTER, ALL OF WHICH | |
427 | - | MAY BE FURTHER GOVER NED BY THE RULE OF T HE COMMISSION; OR | |
395 | + | (C) AN APPLICANT FOR A MA STER’S–CATEGORY MULTISTATE LICENSE 16 | |
396 | + | MUST MEET ALL OF THE FOLLOWING REQUIREMEN TS: 17 | |
428 | 397 | ||
429 | - | (III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING | |
430 | - | COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE; | |
431 | - | AND | |
398 | + | (1) FULFILL A COMPETENCY REQUIREMENT , WHICH SHALL BE 18 | |
399 | + | SATISFIED BY EITHER : 19 | |
432 | 400 | ||
433 | - | ( | |
434 | - | ||
401 | + | (I) PASSAGE OF A MASTER ’S–CATEGORY QUALIFYING 20 | |
402 | + | NATIONAL EXAM ; 21 | |
435 | 403 | ||
436 | - | (I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY | |
437 | - | THE LICENSING AUTHOR ITY; AND | |
404 | + | (II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT 22 | |
405 | + | THE MASTER ’S CATEGORY, BEGINNING PRIOR TO S UCH TIME AS A QUALIF YING 23 | |
406 | + | NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AT THE MASTER ’S CATEGORY 24 | |
407 | + | AND ACCOMPANIED BY A CONTINUOUS PERIOD OF SOCIAL WORK LICENSUR E 25 | |
408 | + | THEREAFTER , ALL OF WHICH MAY BE FURTHER GOVERNED BY THE RULE OF THE 26 | |
409 | + | COMMISSION; OR 27 | |
438 | 410 | ||
439 | - | (II) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY | |
440 | - | BECOMES ACCREDITED , BY AN ACCREDITING AG ENCY RECOGNIZED B Y EITHER: | |
411 | + | (III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGO ING 28 | |
412 | + | COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE. 29 | |
413 | + | 10 SENATE BILL 174 | |
441 | 414 | ||
442 | - | 1. THE COUNCIL FOR HIGHER EDUCATION | |
443 | - | ACCREDITATION , OR ITS SUCCESSOR ; OR | |
444 | 415 | ||
445 | - | 2. THE UNITED STATES DEPARTMENT OF EDUCATION. | |
416 | + | (2) ATTAIN AT LEAST A MAS TER’S DEGREE IN SOCIAL W ORK, FROM A 1 | |
417 | + | PROGRAM THAT IS : 2 | |
446 | 418 | ||
447 | - | (E) THE MULTISTATE LICENS E FOR A REGULATED SO CIAL WORKER IS | |
448 | - | SUBJECT TO THE RENEW AL REQUIREMENTS OF T HE HOME STATE . THE REGULATED | |
449 | - | SOCIAL WORKER MUST M AINTAIN COMPLIANCE W ITH THE REQUIREMENTS OF | |
450 | - | SECTION 4(A) TO BE ELIGIBLE TO RE NEW A MULTISTATE LIC ENSE. | |
419 | + | (I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY 3 | |
420 | + | THE LICENSING AUTHOR ITY; AND 4 | |
451 | 421 | ||
452 | - | (F) THE REGULATED SOCIAL WORKER’S SERVICES IN A REMO TE STATE ARE | |
453 | - | SUBJECT TO THAT MEMB ER STATE’S REGULATORY AUTHORI TY. A REMOTE STATE | |
454 | - | MAY, IN ACCORDANCE WITH D UE PROCESS AND THAT MEMBER STATE ’S LAWS, WES MOORE, Governor Ch. 10 | |
422 | + | (II) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY 5 | |
423 | + | BECOMES ACCREDITED , BY AN ACCREDITING AGENCY RECOGNIZED BY EITHER: 6 | |
455 | 424 | ||
456 | - | – 11 – | |
457 | - | REMOVE A REGULATED S OCIAL WORKER ’S MULTISTATE AUTHORI ZATION TO | |
458 | - | PRACTICE IN THE REMO TE STATE FOR A SPECI FIC PERIOD OF TIME , IMPOSE FINES, | |
459 | - | AND TAKE ANY OTHER N ECESSARY ACTIONS T O PROTECT THE HEALTH AND SAFETY | |
460 | - | OF ITS CITIZENS. | |
425 | + | 1. THE COUNCIL FOR HIGHER EDUCATION 7 | |
426 | + | ACCREDITATION , OR ITS SUCCESSOR ; OR 8 | |
461 | 427 | ||
462 | - | (G) IF A MULTISTATE LICEN SE IS ENCUMBERED , THE REGULATED SOCIAL | |
463 | - | WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE S HALL BE DEACTIVATED IN | |
464 | - | ALL REMOTE STATES UN TIL THE MULTISTATE L ICENSE IS NO LONGER | |
465 | - | ENCUMBERED . | |
428 | + | 2. THE UNITED STATES DEPARTMENT OF EDUCATION. 9 | |
466 | 429 | ||
467 | - | (H) IF A MULTISTATE AUTHO RIZATION TO PRACTICE IS ENCUMBERED IN A | |
468 | - | REMOTE STATE , THE REGULATED SOCIAL WORKER’S MULTISTATE AUTHORI ZATION | |
469 | - | TO PRACTICE MAY BE D EACTIVATED IN THAT S TATE UNTIL THE MULTI STATE | |
470 | - | AUTHORIZATION TO PRA CTICE IS NO LONGER E NCUMBERED . | |
430 | + | (D) AN APPLICANT FOR A BA CHELOR’S–CATEGORY MULTISTATE LICENSE 10 | |
431 | + | MUST MEET ALL OF THE FOLLOWING REQU IREMENTS: 11 | |
471 | 432 | ||
472 | - | SECTION 5. ISSUANCE OF A MULTISTATE LICENSE. | |
433 | + | (1) FULFILL A COMPETENCY REQUIREMENT , WHICH SHALL BE 12 | |
434 | + | SATISFIED BY EITHER : 13 | |
473 | 435 | ||
474 | - | (A) UPON RECEIPT OF AN AP PLICATION FOR A MULT ISTATE LICENSE, THE | |
475 | - | HOME STATE LICENSING AUTHORITY SHALL DETE RMINE THE APPLICANT ’S | |
476 | - | ELIGIBILITY FOR A MU LTISTATE LICENSE IN ACCORDANCE WITH SECTION 4 OF THIS | |
477 | - | COMPACT. | |
436 | + | (I) PASSAGE OF A BACHELOR ’S–CATEGORY QUALIFYING 14 | |
437 | + | NATIONAL EXAM ; 15 | |
478 | 438 | ||
479 | - | ( | |
480 | - | ||
481 | - | ||
482 | - | ||
483 | - | ||
439 | + | (II) LICENSURE OF THE APPL ICANT IN THEIR HOME STATE AT 16 | |
440 | + | THE BACHELOR ’S CATEGORY, BEGINNING PRIOR TO SUCH TIME AS A QUALI FYING 17 | |
441 | + | NATIONAL EXAM WAS RE QUIRED BY THE HOME S TATE AND ACCOMPANIED BY A 18 | |
442 | + | CONTINUOUS PERIOD OF SOCIAL WORK LICENSUR E THEREAFTER , ALL OF WHICH 19 | |
443 | + | MAY BE FURTHER GOVER NED BY THE RULE OF T HE COMMISSION; OR 20 | |
484 | 444 | ||
485 | - | (C) UPON ISSUANCE OF A MU LTISTATE LICENSE , THE HOME STATE | |
486 | - | LICENSING AUTHORITY SHALL DESIGNATE WHET HER THE REGULATED SO CIAL | |
487 | - | WORKER HOLDS A MULTI STATE LICENSE IN THE BACHELOR’S, MASTER’S, OR | |
488 | - | CLINICAL CATEGORY OF SOCIAL WORK. | |
445 | + | (III) THE SUBSTANTIAL EQUIV ALENCY OF THE FOREGOING 21 | |
446 | + | COMPETENCY REQUIREME NTS WHICH THE COMMISSION MAY DETERM INE BY RULE; 22 | |
447 | + | AND 23 | |
489 | 448 | ||
490 | - | (D) A MULTISTATE LICENSE I SSUED BY A HOME STAT E TO A RESIDENT IN | |
491 | - | THAT STATE SHALL BE RECOGNIZED BY ALL COMPACT MEMBER STATES AS | |
492 | - | AUTHORIZING SOCIAL W ORK PRACTICE UNDER A MULTISTATE AUTHORIZA TION TO | |
493 | - | PRACTICE CORRESPONDI NG TO EACH CATEGORY OF LICENSURE REGULAT ED IN | |
494 | - | EACH MEMBER STATE . | |
449 | + | (2) ATTAIN AT LEAST A BAC HELOR’S DEGREE IN SOCIAL W ORK FROM 24 | |
450 | + | A PROGRAM THAT IS : 25 | |
495 | 451 | ||
496 | - | ||
497 | - | ||
452 | + | (I) OPERATED BY A COLLEGE OR UNIVERSITY RECOGN IZED BY 26 | |
453 | + | THE LICENSING AUTHOR ITY; AND 27 | |
498 | 454 | ||
499 | - | ( | |
500 | - | ||
455 | + | (II) ACCREDITED, OR IN CANDIDACY THAT SUBSEQUENTLY 28 | |
456 | + | BECOMES ACCREDITED , BY AN ACCREDITING AG ENCY RECOGNIZED BY E ITHER: 29 | |
501 | 457 | ||
502 | - | – 12 – | |
503 | - | OF A MEMBER STATE TO ENAC T AND ENFORCE LAWS , REGULATIONS , OR OTHER | |
504 | - | RULES RELATED TO THE PRACTICE OF SOCIAL W ORK IN THAT STATE , WHERE THOSE | |
505 | - | LAWS, REGULATIONS , OR OTHER RULES ARE N OT INCONSISTENT WITH THE | |
506 | - | PROVISIONS OF THIS COMPACT. | |
458 | + | 1. THE COUNCIL FOR HIGHER EDUCATION 30 | |
459 | + | ACCREDITATION , OR ITS SUCCESSOR ; OR 31 SENATE BILL 174 11 | |
507 | 460 | ||
508 | - | (B) NOTHING IN THIS COMPACT SHALL AFFECT THE REQ UIREMENTS | |
509 | - | ESTABLISHED BY A MEM BER STATE FOR THE IS SUANCE OF A SINGLE S TATE LICENSE. | |
510 | 461 | ||
511 | - | (C) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, | |
512 | - | SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY | |
513 | - | OF A MEMBER STATE TO TAKE ADVERSE ACTI ON AGAINST A LICENSE E’S SINGLE | |
514 | - | STATE LICENSE TO PRACTICE SOCIAL W ORK IN THAT STATE. | |
515 | 462 | ||
516 | - | (D) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, | |
517 | - | SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY | |
518 | - | OF A REMOTE STAT E TO TAKE ADVERSE AC TION AGAINST A LICEN SEE’S MULTISTATE | |
519 | - | AUTHORIZATION TO PRA CTICE IN THAT STATE . | |
463 | + | 2. THE UNITED STATES DEPARTMENT OF EDUCATION. 1 | |
520 | 464 | ||
521 | - | (E) | |
522 | - | ||
523 | - | OF | |
524 | - | ||
465 | + | (E) THE MULTISTATE LICENS E FOR A REGULATED SO CIAL WORKER IS 2 | |
466 | + | SUBJECT TO THE RENEW AL REQUIREMENTS OF T HE HOME STATE . THE REGULATED 3 | |
467 | + | SOCIAL WORKER MUST M AINTAIN COMPLIANCE W ITH THE REQUIREMENTS OF 4 | |
468 | + | SECTION 4(A) TO BE ELIGIBLE TO RE NEW A MULTISTATE LIC ENSE. 5 | |
525 | 469 | ||
526 | - | SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME | |
527 | - | STATE. | |
470 | + | (F) THE REGULATED SOCIAL WORKER’S SERVICES IN A REMO TE STATE ARE 6 | |
471 | + | SUBJECT TO THAT MEMB ER STATE’S REGULATORY AUTHORI TY. A REMOTE STATE 7 | |
472 | + | MAY, IN ACCORDANCE WITH D UE PROCESS AND THAT MEMBER STATE ’S LAWS, 8 | |
473 | + | REMOVE A REGULATED S OCIAL WORKER ’S MULTISTATE AUTHORI ZATION TO 9 | |
474 | + | PRACTICE IN THE REMO TE STATE FOR A SPECI FIC PERIOD OF TIME , IMPOSE FINES, 10 | |
475 | + | AND TAKE ANY OTHER N ECESSARY ACTIONS TO PROTECT THE HEALTH A ND SAFETY 11 | |
476 | + | OF ITS CITIZENS. 12 | |
528 | 477 | ||
529 | - | (A) A LICENSEE CAN HOLD A MULTISTATE LICENSE , ISSUED BY THEIR HOME | |
530 | - | STATE, IN ONLY ONE MEMBER S TATE AT ANY GIVEN TI ME. | |
478 | + | (G) IF A MULTISTATE LICEN SE IS ENCUMBERED , THE REGULATED SOCIAL 13 | |
479 | + | WORKER’S MULTISTATE AUTHO RIZATION TO PRACTICE SHALL BE DEACTIVATED IN 14 | |
480 | + | ALL REMOTE STATES UN TIL THE MULTISTATE L ICENSE IS NO LONGER 15 | |
481 | + | ENCUMBERED . 16 | |
531 | 482 | ||
532 | - | (B) IF A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN TWO | |
533 | - | MEMBER STATES : | |
483 | + | (H) IF A MULTISTATE AUTHO RIZATION TO PRACTICE IS ENCUMBERED IN A 17 | |
484 | + | REMOTE STATE , THE REGULATED SOCIAL WORKER’S MULTISTATE AUTHORI ZATION 18 | |
485 | + | TO PRACTICE MAY BE DEAC TIVATED IN THAT STAT E UNTIL THE MULTISTA TE 19 | |
486 | + | AUTHORIZATION TO PRA CTICE IS NO LONGER E NCUMBERED . 20 | |
534 | 487 | ||
535 | - | (1) THE LICENSEE SHALL IM MEDIATELY APPLY FOR THE REISSUANCE | |
536 | - | OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE LICENSEE SHALL | |
537 | - | PAY ALL APPLICABLE F EES AND NOTIFY THE P RIOR HOME STATE IN A CCORDANCE | |
538 | - | WITH THE RULES OF TH E COMMISSION. | |
488 | + | SECTION 5. ISSUANCE OF A MULTISTATE LICENSE. 21 | |
539 | 489 | ||
540 | - | (2) UPON RECEIPT OF AN AP PLICATION TO REISSUE A MULTISTATE | |
541 | - | LICENSE, THE NEW HOME STATE S HALL VERIFY THAT THE MULTISTATE LICENSE I S | |
542 | - | ACTIVE, UNENCUMBERED AND ELI GIBLE FOR REISSUANCE UNDER THE TERMS OF | |
543 | - | THE COMPACT AND THE RULES OF THE COMMISSION. THE MULTISTATE LICENS E | |
544 | - | ISSUED BY THE PRIOR HOME STATE WILL BE D EACTIVATED AND ALL M EMBER WES MOORE, Governor Ch. 10 | |
490 | + | (A) UPON RECEIPT OF AN AP PLICATION FOR A MULT ISTATE LICENSE, THE 22 | |
491 | + | HOME STATE LICENSING AUTHORITY SHALL DETERMINE TH E APPLICANT ’S 23 | |
492 | + | ELIGIBILITY FOR A MU LTISTATE LICENSE IN ACCORDANCE WITH SECTION 4 OF THIS 24 | |
493 | + | COMPACT. 25 | |
545 | 494 | ||
546 | - | – 13 – | |
547 | - | STATES NOTIFIED IN A CCORDANCE WITH THE A PPLICABLE RULES A DOPTED BY THE | |
548 | - | COMMISSION. | |
495 | + | (B) IF SUCH APPLICANT IS ELIGIBLE PURSUANT TO SECTION 4 OF THIS 26 | |
496 | + | COMPACT, THE HOME STATE LICEN SING AUTHORITY SHALL ISSUE A MULTISTATE 27 | |
497 | + | LICENSE THAT AUTHORIZES THE APPLICANT OR REG ULATED SOCIAL WORKER TO 28 | |
498 | + | PRACTICE IN ALL MEMB ER STATES UNDER A MU LTISTATE AUTHORIZATI ON TO 29 | |
499 | + | PRACTICE. 30 | |
549 | 500 | ||
550 | - | (3) PRIOR TO THE REISSUAN CE OF THE MULTISTATE LICENSE, THE | |
551 | - | NEW HOME STATE SHALL CONDUCT PROCEDURES F OR CONSIDERING THE C RIMINAL | |
552 | - | HISTORY RECORDS OF T HE LICENSEE. SUCH PROCEDURES SHALL INCLUDE THE | |
553 | - | SUBMISSION OF FINGER PRINTS OR OT HER BIOMETRIC –BASED INFORMATION BY | |
554 | - | APPLICANTS FOR THE PURPOSE OF O BTAINING AN APPLICAN T’S CRIMINAL HISTORY | |
555 | - | RECORD INFORMATION F ROM THE FEDERAL BUREAU OF INVESTIGATION AND THE | |
556 | - | AGENCY RESPONSIBLE F OR RETAINING THAT ST ATE’S CRIMINAL RECORDS . | |
501 | + | (C) UPON ISSUANCE OF A MU LTISTATE LICENSE , THE HOME STATE 31 | |
502 | + | LICENSING AUTHORITY SHALL DESIGNATE WHET HER THE REGULATE D SOCIAL 32 | |
503 | + | WORKER HOLDS A MULTI STATE LICENSE IN THE BACHELOR’S, MASTER’S, OR 33 | |
504 | + | CLINICAL CATEGORY OF SOCIAL WORK. 34 | |
505 | + | 12 SENATE BILL 174 | |
557 | 506 | ||
558 | - | (4) IF REQUIRE D FOR INITIAL LICENS URE, THE NEW HOME STATE | |
559 | - | MAY REQUIRE COMPLETI ON OF JURISPRUDENCE REQUIREMENTS IN THE NEW HOME | |
560 | - | STATE. | |
561 | 507 | ||
562 | - | ( | |
563 | - | ||
564 | - | ||
565 | - | ||
566 | - | ||
508 | + | (D) A MULTISTATE LICENSE I SSUED BY A HOME STAT E TO A RESIDENT IN 1 | |
509 | + | THAT STATE SHALL BE RECOGNIZED BY ALL COMPACT MEMBER STATES AS 2 | |
510 | + | AUTHORIZING SOCIA L WORK PRACTICE UNDE R A MULTISTATE AUTHO RIZATION TO 3 | |
511 | + | PRACTICE CORRESPONDI NG TO EACH CATEGORY OF LICENSURE REGULAT ED IN 4 | |
512 | + | EACH MEMBER STATE . 5 | |
567 | 513 | ||
568 | - | (C) IF A LICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY | |
569 | - | MOVING FROM A MEMBER S TATE TO A NON –MEMBER STATE , OR FROM A | |
570 | - | NON–MEMBER STATE TO A ME MBER STATE, THEN THE LICENSEE SH ALL BE SUBJECT | |
571 | - | TO THE STATE REQUIRE MENTS FOR THE ISSUAN CE OF A SINGLE STATE LICENSE IN | |
572 | - | THE NEW HOME STATE . | |
514 | + | SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND 6 | |
515 | + | MEMBER STATE LICENSING AUTHORITIES. 7 | |
573 | 516 | ||
574 | - | (D) NOTHING IN THIS COMPACT SHAL L INTERFERE WITH A L ICENSEE’S | |
575 | - | ABILITY TO HOLD A SI NGLE STATE LICENSE I N MULTIPLE STATES ; HOWEVER, FOR | |
576 | - | THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAV E ONLY ONE HOME | |
577 | - | STATE, AND ONLY ONE MULTIST ATE LICENSE. | |
517 | + | (A) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 8 | |
518 | + | SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 9 | |
519 | + | OF A MEMBER STATE TO ENACT AND ENFORCE LA WS, REGULATIONS , OR OTHER 10 | |
520 | + | RULES RELATED TO THE PRACTICE OF SOCIAL W ORK IN THAT STATE , WHERE THOSE 11 | |
521 | + | LAWS, REGULATIONS , OR OTHER RULES ARE N OT INCONSISTENT WITH THE 12 | |
522 | + | PROVISIONS OF THIS COMPACT. 13 | |
578 | 523 | ||
579 | - | (E) NOTHING IN THIS COMPACT SHALL INTERFE RE WITH THE | |
580 | - | REQUIREMENTS ESTABLI SHED BY A MEMBER STA TE FOR THE ISSUANCE OF A SINGLE | |
581 | - | STATE LICENSE. | |
524 | + | (B) NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS 14 | |
525 | + | ESTABLISHED BY A MEM BER STATE FOR THE IS SUANCE OF A SINGLE S TATE LICENSE. 15 | |
582 | 526 | ||
583 | - | SECTION 8. MILITARY FAMILIES. | |
527 | + | (C) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 16 | |
528 | + | SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 17 | |
529 | + | OF A MEMBER STATE TO TAKE ADVERS E ACTION AGAINST A L ICENSEE’S SINGLE 18 | |
530 | + | STATE LICENSE TO PRACTICE SOCIAL W ORK IN THAT STATE. 19 | |
584 | 531 | ||
585 | - | | |
586 | - | ||
587 | - | ||
588 | - | ||
532 | + | (D) NOTHING IN THIS COMPACT, NOR ANY RULE OF THE COMMISSION, 20 | |
533 | + | SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 21 | |
534 | + | OF A REMOTE STATE TO TAKE ADVERSE ACTION AGAINST A LICENSEE ’S MULTISTATE 22 | |
535 | + | AUTHORIZATION TO PRA CTICE IN THAT STATE . 23 | |
589 | 536 | ||
590 | - | SECTION 9. ADVERSE ACTIONS. Ch. 10 2025 LAWS OF MARYLAND | |
537 | + | (E) NOTHING IN THIS COMPACT, NOR ANY RUL E OF THE COMMISSION, 24 | |
538 | + | SHALL BE CONSTRUED T O LIMIT, RESTRICT, OR IN ANY WAY REDUCE THE ABILITY 25 | |
539 | + | OF A LICENSEE’S HOME STATE TO TAKE ADVERSE ACTION AGAIN ST A LICENSEE’S 26 | |
540 | + | MULTISTATE LICENSE B ASED UPON INFORMATIO N PROVIDED BY A REMO TE STATE. 27 | |
591 | 541 | ||
592 | - | – 14 – | |
542 | + | SECTION 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME 28 | |
543 | + | STATE. 29 | |
593 | 544 | ||
594 | - | (A) IN ADDITION TO THE OT HER POWERS CONFERRED BY STATE LAW , A | |
595 | - | REMOTE STATE SHALL H AVE THE AUTHORITY , IN ACCORDANCE WITH E XISTING | |
596 | - | STATE DUE PROCESS LA W, TO: | |
545 | + | (A) A LICENSEE CAN HOLD A MULTISTATE LICENSE , ISSUED BY THEIR HOME 30 | |
546 | + | STATE, IN ONLY ONE MEMBER S TATE AT ANY GIVEN TI ME. 31 | |
597 | 547 | ||
598 | - | (1) TAKE ADVERSE ACTION A GAINST A REGULATED S OCIAL | |
599 | - | WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE O NLY WITHIN THAT MEMB ER | |
600 | - | STATE, AND ISSUE SUBPOENAS FOR BOTH HEARINGS AN D INVESTIGATIONS THA T | |
601 | - | REQUIRE THE ATTENDAN CE AND TESTI MONY OF WITNESSES AS WELL AS THE | |
602 | - | PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUED BY A LICENSING AUTHORITY IN A | |
603 | - | MEMBER STATE FOR THE ATTENDANCE AND TESTI MONY OF WITNESSES OR THE | |
604 | - | PRODUCTION OF EVIDEN CE FROM ANOTHER MEMB ER STATE SHALL BE EN FORCED | |
605 | - | IN THE LATTER STATE BY ANY COURT OF COMP ETENT JURISDICTION , ACCORDING | |
606 | - | TO THE PRACTICE AND PROCEDURE OF THAT CO URT APPLICABLE TO SU BPOENAS | |
607 | - | ISSUED IN PROCEEDING S PENDING BEFORE IT . THE ISSUING AUTHORITY SHALL PAY | |
608 | - | ANY WITNESS FEES , TRAVEL EXPENSES , MILEAGE AND OTHER FE ES REQUIRED BY | |
609 | - | THE SERVICE STATUTES OF THE STATE IN WHIC H THE WITNESSES OR E VIDENCE ARE | |
610 | - | LOCATED. | |
548 | + | (B) IF A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN TWO 32 | |
549 | + | MEMBER STATES : 33 | |
550 | + | SENATE BILL 174 13 | |
611 | 551 | ||
612 | - | (2) ONLY THE HOME STATE S HALL HAVE THE POWER TO TAKE | |
613 | - | ADVERSE ACTION AGAIN ST A REGULATED SOCIA L WORKER’S MULTISTATE LICENSE . | |
614 | 552 | ||
615 | - | (B) FOR PURPOSES OF TAKIN G ADVERSE ACTI ON, THE HOME STATE SHALL | |
616 | - | GIVE THE SAME PRIORI TY AND EFFECT TO REP ORTED CONDUCT RECEIV ED FROM A | |
617 | - | MEMBER STATE AS IT W OULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME | |
618 | - | STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO | |
619 | - | DETERMINE APPROPRIAT E ACTION. | |
553 | + | (1) THE LICENSEE SHALL IM MEDIATELY APPLY FOR THE REISSUANCE 1 | |
554 | + | OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE LICENSEE SHALL 2 | |
555 | + | PAY ALL APPLICABLE F EES AND NOTIFY THE P RIOR HOME STATE IN A CCORDANCE 3 | |
556 | + | WITH THE RULES OF TH E COMMISSION. 4 | |
620 | 557 | ||
621 | - | ( | |
622 | - | ||
623 | - | ||
624 | - | ||
625 | - | ||
626 | - | ||
627 | - | ||
558 | + | (2) UPON RECEIPT OF AN APPLICATION TO REISS UE A MULTISTATE 5 | |
559 | + | LICENSE, THE NEW HOME STATE S HALL VERIFY THAT THE MULTISTATE LICENSE I S 6 | |
560 | + | ACTIVE, UNENCUMBERED AND ELI GIBLE FOR REISSUANCE UNDER THE TERMS OF 7 | |
561 | + | THE COMPACT AND THE RULES OF THE COMMISSION. THE MULTISTATE LICENS E 8 | |
562 | + | ISSUED BY T HE PRIOR HOME STATE WILL BE DEACTIVATED AND ALL MEMBER 9 | |
563 | + | STATES NOTIFIED IN A CCORDANCE WITH THE A PPLICABLE RULES ADOP TED BY THE 10 | |
564 | + | COMMISSION. 11 | |
628 | 565 | ||
629 | - | (D) A MEMBER STATE , IF OTHERWISE PERMITT ED BY STATE LAW , MAY | |
630 | - | RECOVER FROM THE AFF ECTED REGULATED SOCI AL WORKER THE COSTS OF | |
631 | - | INVESTIGATIONS AND D ISPOSITIONS OF CASES RESULTING FROM ANY A DVERSE | |
632 | - | ACTION TAKEN AGAINST THAT REGULATED SOCIA L WORKER. | |
633 | - | WES MOORE, Governor Ch. 10 | |
566 | + | (3) PRIOR TO THE REISSUAN CE OF THE MULTISTATE LICENSE, THE 12 | |
567 | + | NEW HOME STATE SHALL CONDUCT PROCEDURES F OR CONSIDERING THE CRIMINAL 13 | |
568 | + | HISTORY RECORDS OF T HE LICENSEE. SUCH PROCEDURES SHALL INCLUDE THE 14 | |
569 | + | SUBMISSION OF FINGER PRINTS OR OTHER BIOM ETRIC–BASED INFORMATION BY 15 | |
570 | + | APPLICANTS FOR THE PURPOSE OF O BTAINING AN APPLICAN T’S CRIMINAL HISTORY 16 | |
571 | + | RECORD INFORMATION F ROM THE FEDERAL BUREAU OF INVESTIGATION AND THE 17 | |
572 | + | AGENCY RESPONSIBLE F OR RETAINING THAT ST ATE’S CRIMINAL RECORDS . 18 | |
634 | 573 | ||
635 | - | – 15 – | |
636 | - | (E) A MEMBER STATE MAY TAK E ADVERSE ACTION BAS ED ON THE FACTUAL | |
637 | - | FINDINGS OF ANOTHER MEMBER STATE , PROVIDED THAT THE ME MBER STATE | |
638 | - | FOLLOWS ITS OWN PROC EDURES FOR TAKING AD VERSE ACTION. | |
574 | + | (4) IF REQUIRED FOR INITI AL LICENSURE , THE NEW HOME STATE 19 | |
575 | + | MAY REQUIRE COMPLETI ON OF JURISPRUDENCE REQUIREMENTS IN THE NEW HOME 20 | |
576 | + | STATE. 21 | |
639 | 577 | ||
640 | - | (F) (1) IN ADDITION TO THE AU THORITY GRANTED TO A MEMBER STATE | |
641 | - | BY ITS RESPECTIVE RE GULATED SOCIAL WORK PRACTICE ACT OR OTHE R | |
642 | - | APPLICABLE STATE LAW, ANY MEMBER STATE MAY PARTICIPATE WITH OTH ER | |
643 | - | MEMBER STATES IN JOI NT INVESTIGATIONS OF LICENSEES. | |
578 | + | (5) NOTWITHSTANDING A NY OTHER PROVISION O F THIS COMPACT, IF 22 | |
579 | + | A LICENSEE DOES NOT MEET THE REQUIREMENT S SET FORTH IN THIS COMPACT FOR 23 | |
580 | + | THE REISSUANCE OF A MULTISTATE LICENSE B Y THE NEW HOME STATE , THEN THE 24 | |
581 | + | LICENSEE SHALL BE SU BJECT TO THE NEW HOM E STATE REQUIREMENTS FOR THE 25 | |
582 | + | ISSUANCE OF A SINGLE STAT E LICENSE IN THAT ST ATE. 26 | |
644 | 583 | ||
645 | - | (2) MEMBER STATES SHALL S HARE ANY INVESTIGATI VE, LITIGATION, | |
646 | - | OR COMPLIANCE MATERI ALS IN FURTHERANCE O F ANY JOINT OR INDIV IDUAL | |
647 | - | INVESTIGATION INIT IATED UNDER THE COMPACT. | |
584 | + | (C) IF A LICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY 27 | |
585 | + | MOVING FROM A MEMBER STATE TO A NON –MEMBER STATE , OR FROM A 28 | |
586 | + | NON–MEMBER STATE TO A ME MBER STATE, THEN THE LICENSEE SH ALL BE SUBJECT 29 | |
587 | + | TO THE STATE RE QUIREMENTS FOR THE I SSUANCE OF A SINGLE STATE LICENSE IN 30 | |
588 | + | THE NEW HOME STATE . 31 | |
648 | 589 | ||
649 | - | (G) IF AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST THE | |
650 | - | MULTISTATE LICENSE O F A REGULATED SOCIAL WORKER, THE REGULATED SOCIAL | |
651 | - | WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE I N ALL OTHER MEMBER | |
652 | - | STATES SHALL BE DEAC TIVATED UNTIL ALL ENCUMBRANCE S HAVE BEEN REMOVED | |
653 | - | FROM THE MULTISTATE LICENSE. ALL HOME STATE DISCIP LINARY ORDERS THAT | |
654 | - | IMPOSE ADVERSE ACTIO N AGAINST THE LICENS E OF A REGULATED SOC IAL WORKER | |
655 | - | SHALL INCLUDE A STAT EMENT THAT THE REGUL ATED SOCIAL WORKER ’S | |
656 | - | MULTISTATE AUTH ORIZATION TO PRACTIC E IS DEACTIVATED IN ALL MEMBER | |
657 | - | STATES UNTIL ALL CON DITIONS OF THE DECIS ION, ORDER, OR AGREEMENT ARE | |
658 | - | SATISFIED. | |
590 | + | (D) NOTHING IN THIS COMPACT SHALL INTERFE RE WITH A LICENSEE ’S 32 | |
591 | + | ABILITY TO HOLD A SI NGLE STATE LICENSE I N MULTIPLE STATES ; HOWEVER, FOR 33 | |
592 | + | THE PURPOSES OF THIS COMPACT, A LICENSEE SH ALL HAVE ONLY ONE HO ME 34 | |
593 | + | STATE, AND ONLY ONE MULTIST ATE LICENSE. 35 | |
594 | + | 14 SENATE BILL 174 | |
659 | 595 | ||
660 | - | (H) IF A MEMBER STATE TAK ES ADVERSE ACTION , IT SHALL PROMPTLY | |
661 | - | NOTIFY THE ADMINISTR ATOR OF THE DATA SYS TEM. THE ADMINISTRATO R OF THE | |
662 | - | DATA SYSTEM SHALL PR OMPTLY NOTIFY THE HO ME STATE AND ALL OTH ER MEMBER | |
663 | - | STATES OF ANY ADVERS E ACTIONS BY REMOTE STATES. | |
664 | 596 | ||
665 | - | ( | |
666 | - | ||
667 | - | ||
597 | + | (E) NOTHING IN THIS COMPACT SHALL INTERFE RE WITH THE 1 | |
598 | + | REQUIREMENTS ESTABLI SHED BY A MEMBER STA TE FOR THE ISSUANCE OF A SINGLE 2 | |
599 | + | STATE LICENSE. 3 | |
668 | 600 | ||
669 | - | (J) NOTHING IN THIS COMPACT SHALL AUTHORI ZE A MEMBER STATE TO | |
670 | - | DEMAND THE ISSUANCE OF SUBPOENAS FOR ATT ENDANCE AND TESTIMON Y OF | |
671 | - | WITNESSES OR THE PRO DUCTION OF EVIDENCE FROM ANOTHER MEMBER STATE | |
672 | - | FOR LAWFUL ACTIONS W ITHIN THAT MEMB ER STATE. | |
601 | + | SECTION 8. MILITARY FAMILIES. 4 | |
673 | 602 | ||
674 | - | (K) NOTHING IN THIS COMPACT SHALL AUTHORI ZE A MEMBER STATE TO | |
675 | - | IMPOSE DISCIPLINE AG AINST A REGULATED SO CIAL WORKER WHO HOLD S A | |
676 | - | MULTISTATE AUTHORIZA TION TO PRACTICE FOR LAWFUL ACTIONS WITHI N | |
677 | - | ANOTHER MEMBER STATE . | |
678 | - | Ch. 10 2025 LAWS OF MARYLAND | |
603 | + | AN ACTIVE MILITARY MEMBER OR THEIR SPOU SE SHALL DESIGNATE A HOME 5 | |
604 | + | STATE WHERE THE INDI VIDUAL HAS A MULTIST ATE LICENSE. THE INDIVIDUAL MAY 6 | |
605 | + | RETAIN THEIR HOME ST ATE DESIGNATION DURI NG THE PERIOD THE SE RVICE 7 | |
606 | + | MEMBER IS ON ACTIVE DUTY. 8 | |
679 | 607 | ||
680 | - | – 16 – | |
681 | - | SECTION 10. ESTABLISHMENT OF THE SOCIAL WORK LICENSURE | |
682 | - | COMPACT COMMISSION. | |
608 | + | SECTION 9. ADVERSE ACTIONS. 9 | |
683 | 609 | ||
684 | - | (A) THE COMPACT MEMBER STATES HEREBY CREATE AND ES TABLISH A | |
685 | - | JOINT GOVERNMENT AGE NCY WHOSE MEMBERSHIP CONSISTS OF ALL MEMB ER | |
686 | - | STATES THAT HAVE ENA CTED THE COMPACT KNOWN AS THE SOCIAL WORK | |
687 | - | LICENSURE COMPACT COMMISSION. THE COMMISSION IS AN INST RUMENTALITY | |
688 | - | OF THE COMPACT STATES ACTING JOINTLY AND NOT AN I NSTRUMENTALITY OF AN Y | |
689 | - | ONE STATE. THE COMMISSION SHALL COME INTO EXISTENCE ON OR AFTER THE | |
690 | - | EFFECTIVE DATE OF TH E COMPACT AS SET FORTH IN SECTION 14. | |
610 | + | (A) IN ADDITION TO THE OTHER POWER S CONFERRED BY STATE LAW, A 10 | |
611 | + | REMOTE STATE SHALL H AVE THE AUTHORITY , IN ACCORDANCE WITH E XISTING 11 | |
612 | + | STATE DUE PROCESS LA W, TO: 12 | |
691 | 613 | ||
692 | - | (B) (1) EACH MEMBER STATE SHALL HAV E AND BE LIMITED TO ONE | |
693 | - | DELEGATE SELECTED BY THAT MEMBER STATE ’S LICENSING AUTHORIT Y. | |
614 | + | (1) TAKE ADVERSE ACTION A GAINST A REGULATED S OCIAL 13 | |
615 | + | WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE O NLY WITHIN TH AT MEMBER 14 | |
616 | + | STATE, AND ISSUE SUBPOENAS FOR BOTH HEARINGS AN D INVESTIGATIONS THA T 15 | |
617 | + | REQUIRE THE ATTENDAN CE AND TESTIMONY OF WITNESSES AS WELL AS THE 16 | |
618 | + | PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUED BY A LICENSING AUTHORITY IN A 17 | |
619 | + | MEMBER STATE FOR THE ATTENDANCE AND TESTI MONY OF WITNESSES OR THE 18 | |
620 | + | PRODUCTION OF EVIDEN CE FROM ANOTHER MEMB ER STATE SHALL BE EN FORCED 19 | |
621 | + | IN THE LATTER STATE BY ANY COURT OF COMP ETENT JURISDICTION , ACCORDING 20 | |
622 | + | TO THE PRACTICE AND PROCEDURE OF THAT CO URT APPLICABLE TO SU BPOENAS 21 | |
623 | + | ISSUED IN PROCEEDING S PENDING BEFORE IT. THE ISSUING AUTHORITY SHALL PAY 22 | |
624 | + | ANY WITNESS FEES , TRAVEL EXPENSES , MILEAGE AND OTHER FE ES REQUIRED BY 23 | |
625 | + | THE SERVICE STATUTES OF THE STATE IN WHIC H THE WITNESSES OR E VIDENCE ARE 24 | |
626 | + | LOCATED. 25 | |
694 | 627 | ||
695 | - | (2) THE DELEGATE SHALL BE EITHER: | |
628 | + | (2) ONLY THE HOME STATE S HALL HAVE THE POWER TO TAKE 26 | |
629 | + | ADVERSE ACTION AGAINS T A REGULATED SOCIAL WORKER’S MULTISTATE LICENSE . 27 | |
696 | 630 | ||
697 | - | (I) A CURRENT MEMBER OF TH E LICENSING AUTHORIT Y AT | |
698 | - | THE TIME OF APPOINTM ENT, WHO IS A REGULATED S OCIAL WORKER , OR PUBLIC | |
699 | - | MEMBER OF THE LICENS ING AUTHORITY ; OR | |
631 | + | (B) FOR PURPOSES OF TAKIN G ADVERSE ACTION , THE HOME STATE SHALL 28 | |
632 | + | GIVE THE SAME PRIORI TY AND EFFECT TO REP ORTED CONDUCT RECEIV ED FROM A 29 | |
633 | + | MEMBER STATE AS IT W OULD IF THE CONDUCT HAD OCCURR ED WITHIN THE HOME 30 | |
634 | + | STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO 31 | |
635 | + | DETERMINE APPROPRIAT E ACTION. 32 | |
700 | 636 | ||
701 | - | (II) AN ADMINISTRATOR OF T HE LICENSING AUTHORI TY OR | |
702 | - | THEIR DESIGNEE . | |
637 | + | (C) THE HOME STATE SHALL COMPLETE ANY PENDING INVESTIGATIONS OF 33 | |
638 | + | A REGULATED SOCIAL W ORKER WHO CHANGES TH EIR HOME STATE DURIN G THE 34 | |
639 | + | COURSE OF THE INVESTIGATION S. THE HOME STATE SHALL ALSO HAVE THE 35 | |
640 | + | AUTHORITY TO TAKE AP PROPRIATE ACTION (S) AND SHALL PROMPTLY R EPORT THE 36 SENATE BILL 174 15 | |
703 | 641 | ||
704 | - | (3) THE COMMISSION SHALL BY R ULE OR BYLAW ESTABLI SH A TERM | |
705 | - | OF OFFICE FOR DELEGA TES AND MAY BY RULE OR BYLAW ESTABLISH T ERM LIMITS. | |
706 | 642 | ||
707 | - | (4) THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION | |
708 | - | OF ANY DELEGATE FROM OFFICE. | |
643 | + | CONCLUSIONS OF THE I NVESTIGATIONS TO THE ADMINISTRATOR OF THE DATA 1 | |
644 | + | SYSTEM. THE ADMINISTRATOR OF THE DATA SYSTEM SHAL L PROMPTLY NOTIFY THE 2 | |
645 | + | NEW HOME STATE OF AN Y ADVERSE ACTIONS . 3 | |
709 | 646 | ||
710 | - | (5) A MEMBER STATE ’S LICENSING AUTHORIT Y SHALL FILL ANY | |
711 | - | VACANCY OF ITS DELEG ATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS OF | |
712 | - | THE VACANCY . | |
647 | + | (D) A MEMBER STATE , IF OTHERWISE PERMITT ED BY STATE LAW , MAY 4 | |
648 | + | RECOVER FROM THE AFF ECTED REGULATED SOCI AL WORKER THE COSTS OF 5 | |
649 | + | INVESTIGATIONS AND D ISPOSITIONS OF CASES RESULTING FROM ANY A DVERSE 6 | |
650 | + | ACTION TAKEN AGAINST THAT REGULAT ED SOCIAL WORKER . 7 | |
713 | 651 | ||
714 | - | ( | |
715 | - | ||
716 | - | ||
652 | + | (E) A MEMBER STATE MAY TAK E ADVERSE ACTION BAS ED ON THE FACTUAL 8 | |
653 | + | FINDINGS OF ANOTHER MEMBER STATE , PROVIDED THAT THE ME MBER STATE 9 | |
654 | + | FOLLOWS ITS OWN PROC EDURES FOR TAKING AD VERSE ACTION. 10 | |
717 | 655 | ||
718 | - | (7) A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS | |
719 | - | AS PROVIDED IN THE B YLAWS. THE BYLAWS MAY PROVID E FOR DELEGATES TO M EET | |
720 | - | BY TELECOMMUNICATIO N, VIDEO CONFERENCE , OR OTHER MEANS OF | |
721 | - | COMMUNICATION . | |
722 | - | WES MOORE, Governor Ch. 10 | |
656 | + | (F) (1) IN ADDITION TO THE AUTHORITY GRANTED TO A MEMBER STATE 11 | |
657 | + | BY ITS RESPECTIVE RE GULATED SOCIAL WORK PRACTICE ACT OR OTHE R 12 | |
658 | + | APPLICABLE STATE LAW , ANY MEMBER STATE MAY PARTICIPATE WITH OTH ER 13 | |
659 | + | MEMBER STATES IN JOI NT INVESTIGATIONS OF LICENSEES. 14 | |
723 | 660 | ||
724 | - | – 17 – | |
725 | - | (8) THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH | |
726 | - | CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE | |
727 | - | BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO | |
728 | - | CONFERENCE , OR OTHER SIMILAR ELECTR ONIC MEANS. | |
661 | + | (2) MEMBER STATES SHALL S HARE ANY INV ESTIGATIVE, LITIGATION, 15 | |
662 | + | OR COMPLIANCE MATERI ALS IN FURTHERANCE O F ANY JOINT OR INDIV IDUAL 16 | |
663 | + | INVESTIGATION INITIA TED UNDER THE COMPACT. 17 | |
729 | 664 | ||
730 | - | (C) THE COMMISSION SHALL HAVE THE FOLLOWING POWERS : | |
665 | + | (G) IF AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST THE 18 | |
666 | + | MULTISTATE LICENSE O F A REGULATED SOCIAL WORKER, THE REGULATED SOCIAL 19 | |
667 | + | WORKER’S MULTISTATE AUTHORI ZATION TO PRACTICE I N ALL OTHER MEMBER 20 | |
668 | + | STATES SHALL BE DEAC TIVATED UNTIL ALL EN CUMBRANCES HAVE BEEN REMOVED 21 | |
669 | + | FROM THE MULTISTATE LICENSE. ALL HOME STATE DISCIP LINARY ORDERS THAT 22 | |
670 | + | IMPOSE ADVERSE ACTIO N AGAINST THE LICEN SE OF A REGULATED SO CIAL WORKER 23 | |
671 | + | SHALL INCLUDE A STAT EMENT THAT THE REGUL ATED SOCIAL WORKER ’S 24 | |
672 | + | MULTISTATE AUTHORIZA TION TO PRACTICE IS DEACTIVATED IN ALL M EMBER 25 | |
673 | + | STATES UNTIL ALL CON DITIONS OF THE DECIS ION, ORDER, OR AGREEMENT ARE 26 | |
674 | + | SATISFIED. 27 | |
731 | 675 | ||
732 | - | (1) ESTABLISH THE FISCAL YEAR OF THE COMMISSION; | |
676 | + | (H) IF A MEMBER STATE TAKES ADVERSE ACTION, IT SHALL PROMPTLY 28 | |
677 | + | NOTIFY THE ADMINISTR ATOR OF THE DATA SYS TEM. THE ADMINISTRATOR OF THE 29 | |
678 | + | DATA SYSTEM SHALL PR OMPTLY NOTIFY THE HO ME STATE AND ALL OTH ER MEMBER 30 | |
679 | + | STATES OF ANY ADVERS E ACTIONS BY REMOTE STATES. 31 | |
733 | 680 | ||
734 | - | (2) ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST | |
735 | - | POLICIES; | |
681 | + | (I) NOTHING IN THIS COMPACT SHALL OVERRID E A MEMBER STATE ’S 32 | |
682 | + | DECISION THAT PARTIC IPATION IN AN ALTERN ATIVE PROGRAM MAY BE USED IN 33 | |
683 | + | LIEU OF ADVERSE ACTI ON. 34 | |
736 | 684 | ||
737 | - | (3) ESTABLISH AND AMEND R ULES AND BYLAWS ; | |
685 | + | (J) NOTHING IN THIS COMPACT SHALL AUTHORI ZE A MEMBER STATE TO 35 | |
686 | + | DEMAND THE ISSUANCE OF SUBPOENAS FOR ATT ENDANCE AND TESTIM ONY OF 36 16 SENATE BILL 174 | |
738 | 687 | ||
739 | - | (4) MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE | |
740 | - | BYLAWS; | |
741 | 688 | ||
742 | - | ||
743 | - | ||
689 | + | WITNESSES OR THE PRO DUCTION OF EVIDENCE FROM ANOTHER MEMBER STATE 1 | |
690 | + | FOR LAWFUL ACTIONS W ITHIN THAT MEMBER ST ATE. 2 | |
744 | 691 | ||
745 | - | ( | |
746 | - | ||
747 | - | ||
748 | - | ||
692 | + | (K) NOTHING IN THIS COMPACT SHALL AUTHORI ZE A MEMBER STATE TO 3 | |
693 | + | IMPOSE DISCIPLINE AG AINST A REGULATED SO CIAL WORKER WHO HOLD S A 4 | |
694 | + | MULTISTATE AUTHORIZATION TO PRA CTICE FOR LAWFUL ACT IONS WITHIN 5 | |
695 | + | ANOTHER MEMBER STATE . 6 | |
749 | 696 | ||
750 | - | (7) MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED | |
751 | - | TO A MEMBER STATE AS THE AUTHENTICATED BU SINESS RECORDS OF THE | |
752 | - | COMMISSION AND DESIGN ATE AN AGENT TO DO S O ON THE COMMISSION’S BEHALF; | |
697 | + | SECTION 10. ESTABLISHMENT OF THE SOCIAL WORK LICENSURE 7 | |
698 | + | COMPACT COMMISSION. 8 | |
753 | 699 | ||
754 | - | (8) PURCHASE AND MAINTAIN INSURANCE AND BONDS ; | |
700 | + | (A) THE COMPACT MEMBER STATES HEREBY CREATE AND ES TABLISH A 9 | |
701 | + | JOINT GOVERNMENT AGE NCY WHOSE MEMBERSHIP CONSISTS OF ALL MEMBER 10 | |
702 | + | STATES THAT HAVE ENA CTED THE COMPACT KNOWN AS THE SOCIAL WORK 11 | |
703 | + | LICENSURE COMPACT COMMISSION. THE COMMISSION IS AN INST RUMENTALITY 12 | |
704 | + | OF THE COMPACT STATES ACTING JOINTLY AND NOT AN I NSTRUMENTALITY OF AN Y 13 | |
705 | + | ONE STATE. THE COMMISSION SHALL COM E INTO EXISTENCE ON OR AFTER THE 14 | |
706 | + | EFFECTIVE DATE OF TH E COMPACT AS SET FORTH IN SECTION 14. 15 | |
755 | 707 | ||
756 | - | ( | |
757 | - | ||
708 | + | (B) (1) EACH MEMBER STATE SHA LL HAVE AND BE LIMIT ED TO ONE 16 | |
709 | + | DELEGATE SELECTED BY THAT MEMBER STATE ’S LICENSING AUTHORIT Y. 17 | |
758 | 710 | ||
759 | - | ( | |
711 | + | (2) THE DELEGATE SHALL BE EITHER: 18 | |
760 | 712 | ||
761 | - | (11) HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX | |
762 | - | COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE | |
763 | - | AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT, AND ESTABLISH THE | |
764 | - | COMMISSION’S PERSONNEL POLIC IES AND PROGRAMS REL ATING TO CONFLICTS O F | |
765 | - | INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL | |
766 | - | MATTERS; | |
713 | + | (I) A CURRENT MEMBER OF TH E LICENSING AUTHORIT Y AT 19 | |
714 | + | THE TIME OF APPOINTM ENT, WHO IS A REGULATED S OCIAL WORKER , OR PUBLIC 20 | |
715 | + | MEMBER OF THE LICENS ING AUTHORITY ; OR 21 | |
767 | 716 | ||
768 | - | (12) ASSESS AND COLLECT FE ES; Ch. 10 2025 LAWS OF MARYLAND | |
717 | + | (II) AN ADMINISTRATOR OF T HE LICENSING AUTHORI TY OR 22 | |
718 | + | THEIR DESIGNEE . 23 | |
769 | 719 | ||
770 | - | – 18 – | |
720 | + | (3) THE COMMISSION SHAL L BY RULE OR BYLAW E STABLISH A TERM 24 | |
721 | + | OF OFFICE FOR DELEGA TES AND MAY BY RULE OR BYLAW ESTABLISH T ERM LIMITS. 25 | |
771 | 722 | ||
772 | - | (13) ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS | |
773 | - | OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS AND | |
774 | - | SERVICES, AND TO RECEIVE , UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT | |
775 | - | AT ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY | |
776 | - | OR CONFLICT OF INTER EST; | |
723 | + | (4) THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION 26 | |
724 | + | OF ANY DELEGATE FROM OFFICE. 27 | |
777 | 725 | ||
778 | - | ( | |
779 | - | ||
780 | - | ||
726 | + | (5) A MEMBER STATE ’S LICENSING AUTHORIT Y SHALL FILL ANY 28 | |
727 | + | VACANCY OF ITS DELEGAT E OCCURRING ON THE COMMISSION WITHIN 60 DAYS OF 29 | |
728 | + | THE VACANCY . 30 | |
781 | 729 | ||
782 | - | (15) SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, | |
783 | - | ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR MIXED; | |
730 | + | (6) EACH DELEGATE SHALL B E ENTITLED TO ONE VO TE ON ALL 31 | |
731 | + | MATTERS BEFORE THE COMMISSION REQUIRING A VOTE BY COMMISSION 32 | |
732 | + | DELEGATES. 33 SENATE BILL 174 17 | |
784 | 733 | ||
785 | - | (16) ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; | |
786 | 734 | ||
787 | - | (17) BORROW MONEY ; | |
788 | 735 | ||
789 | - | ( | |
790 | - | ||
791 | - | ||
792 | - | ||
736 | + | (7) A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS 1 | |
737 | + | AS PROVIDED IN THE B YLAWS. THE BYLAWS MAY PROVID E FOR DELEGATES TO M EET 2 | |
738 | + | BY TELECOMMUNICATION , VIDEO CONFERENCE , OR OTHER MEANS OF 3 | |
739 | + | COMMUNICATION . 4 | |
793 | 740 | ||
794 | - | (19) PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE | |
795 | - | WITH, LAW ENFORCEMENT AGEN CIES; | |
741 | + | (8) THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 5 | |
742 | + | CALENDAR YEAR . ADDITIONAL MEETINGS MAY BE HELD AS SET F ORTH IN THE 6 | |
743 | + | BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 7 | |
744 | + | CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS . 8 | |
796 | 745 | ||
797 | - | (20) ESTABLISH AND ELECT A N EXECUTIVE COMMITTE E, INCLUDING A | |
798 | - | CHAIR AND VICE CHAIR ; | |
746 | + | (C) THE COMMISSION SHALL HAVE THE FOLLOWING POWERS : 9 | |
799 | 747 | ||
800 | - | (21) DETERMINE WHETHER A S TATE’S ADOPTED LANGUAGE IS | |
801 | - | MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE | |
802 | - | STATE WOULD NOT QUAL IFY FOR PARTICIPATIO N IN THE COMPACT; AND | |
748 | + | (1) ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 10 | |
803 | 749 | ||
804 | - | ( | |
805 | - | ||
750 | + | (2) ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST 11 | |
751 | + | POLICIES; 12 | |
806 | 752 | ||
807 | - | (D) (1) THE EXECUTIVE COMMITT EE SHALL HAVE THE PO WER TO ACT ON | |
808 | - | BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THE COMPACT. THE | |
809 | - | POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COM MITTEE SHALL | |
810 | - | INCLUDE: | |
753 | + | (3) ESTABLISH AND AMEND R ULES AND BYLAWS ; 13 | |
811 | 754 | ||
812 | - | ( | |
813 | - | ||
755 | + | (4) MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 14 | |
756 | + | BYLAWS; 15 | |
814 | 757 | ||
815 | - | – 19 – | |
816 | - | WITH THE PROVISIONS OF THE COMPACT, ITS RULES AND BYLAWS , AND OTHER SUCH | |
817 | - | DUTIES AS DEEMED NEC ESSARY; | |
758 | + | (5) MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 16 | |
759 | + | PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS ; 17 | |
818 | 760 | ||
819 | - | ( | |
820 | - | ||
821 | - | ||
822 | - | ||
761 | + | (6) INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 18 | |
762 | + | THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY STATE 19 | |
763 | + | LICENSING BOARD TO S UE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE 20 | |
764 | + | AFFECTED; 21 | |
823 | 765 | ||
824 | - | (III) ENSURING COMPACT ADMINISTRATIO N SERVICES ARE | |
825 | - | APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T; | |
766 | + | (7) MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED 22 | |
767 | + | TO A MEMBER STATE AS THE AUTHENTICATED BU SINESS RECORDS OF TH E 23 | |
768 | + | COMMISSION AND DESIGN ATE AN AGENT TO DO S O ON THE COMMISSION’S BEHALF; 24 | |
826 | 769 | ||
827 | - | ( | |
770 | + | (8) PURCHASE AND MAINTAIN INSURANCE AND BONDS ; 25 | |
828 | 771 | ||
829 | - | ( | |
830 | - | ||
772 | + | (9) BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 26 | |
773 | + | INCLUDING, BUT NOT LIMITED TO , EMPLOYEES OF A MEMBE R STATE; 27 | |
831 | 774 | ||
832 | - | (VI) MONITORING COMPACT COMPLIANCE OF MEMBER STATES | |
833 | - | AND PROVIDING COMPLI ANCE REPORTS TO THE COMMISSION; | |
775 | + | (10) CONDUCT AN ANNUAL FIN ANCIAL REVIEW ; 28 | |
834 | 776 | ||
835 | - | (VII) ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY; | |
777 | + | (11) HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 29 | |
778 | + | COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 30 18 SENATE BILL 174 | |
836 | 779 | ||
837 | - | (VIII) EXERCISING THE POWERS AND DUTIES OF THE | |
838 | - | COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT | |
839 | - | FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND | |
840 | - | EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE | |
841 | - | COMMISSION BY RULE OR BYLAW ; AND | |
842 | 780 | ||
843 | - | (IX) OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF | |
844 | - | THE COMMISSION. | |
781 | + | AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT, AND ESTABLISH THE 1 | |
782 | + | COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 2 | |
783 | + | INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 3 | |
784 | + | MATTERS; 4 | |
845 | 785 | ||
846 | - | (2) THE EXECUTIVE COMMITT EE SHALL BE COMPOSED OF UP TO | |
847 | - | ELEVEN MEMBERS : | |
786 | + | (12) ASSESS AND COLLECT FEES; 5 | |
848 | 787 | ||
849 | - | (I) THE CHAIR AND VICE CH AIR OF THE COMMISSION SHALL BE | |
850 | - | VOTING MEMBERS OF TH E EXECUTIVE COMMITTEE ; | |
788 | + | (13) ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS 6 | |
789 | + | OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS AND 7 | |
790 | + | SERVICES, AND TO RECEIVE , UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT 8 | |
791 | + | AT ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPR OPRIETY 9 | |
792 | + | OR CONFLICT OF INTER EST; 10 | |
851 | 793 | ||
852 | - | (II) THE COMMISSION SHALL ELEC T FIVE VOTING MEMBER S | |
853 | - | FROM THE CURRENT MEM BERSHIP OF THE COMMISSION; | |
794 | + | (14) LEASE, PURCHASE, RETAIN, OR OTHERWISE TO OWN , HOLD, 11 | |
795 | + | IMPROVE OR USE ANY P ROPERTY, REAL, PERSONAL OR MIXED ; OR ANY UNDIVIDED 12 | |
796 | + | INTEREST THEREIN ; 13 | |
854 | 797 | ||
855 | - | ( | |
856 | - | ||
798 | + | (15) SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANG E, 14 | |
799 | + | ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR MIXED; 15 | |
857 | 800 | ||
858 | - | (IV) THE EX OFFICIO MEMBERS WILL BE SELECTED BY THEIR | |
859 | - | RESPECTIVE ORGANIZAT IONS. Ch. 10 2025 LAWS OF MARYLAND | |
801 | + | (16) ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 16 | |
860 | 802 | ||
861 | - | ||
803 | + | (17) BORROW MONEY ; 17 | |
862 | 804 | ||
863 | - | (3) THE COMMISSION MAY REMOVE ANY MEMBER OF THE EX ECUTIVE | |
864 | - | COMMITTEE AS PROVIDE D IN THE COMMISSION’S BYLAWS. | |
805 | + | (18) APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES 18 | |
806 | + | COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR 19 | |
807 | + | REPRESENTATIVES , AND CONSUMER REPRESE NTATIVES, AND SUCH OTHER 20 | |
808 | + | INTERESTED PERSONS A S MAY BE DESIGNATED IN THE COMPACT AND THE BYLAW S; 21 | |
865 | 809 | ||
866 | - | (4) THE EXECUTIVE COMMITT EE SHALL MEET AT LEA ST ANNUALLY. | |
810 | + | (19) PROVIDE AND RECEIVE I NFORMATION FROM , AND COOPERATE 22 | |
811 | + | WITH, LAW ENFORCEMENT AGEN CIES; 23 | |
867 | 812 | ||
868 | - | (I) EXECUTIVE COMMITTEE MEETINGS SHALL BE OPEN TO THE | |
869 | - | PUBLIC, EXCEPT THAT THE EXEC UTIVE COMMITTEE MAY MEET IN A CLOSED , | |
870 | - | NON–PUBLIC MEETING AS PR OVIDED IN SUBSECTION (F)(2) BELOW. | |
813 | + | (20) ESTABLISH AND ELECT AN EXECUTIVE COMMITTEE , INCLUDING A 24 | |
814 | + | CHAIR AND VICE CHAIR ; 25 | |
871 | 815 | ||
872 | - | (II) THE EXECUTIVE COMMITT EE SHALL GIVE SEVEN DAYS’ | |
873 | - | NOTICE OF ITS MEETIN GS, POSTED O N ITS WEBSITE AND AS DETERMINED TO | |
874 | - | PROVIDE NOTICE TO PE RSONS WITH AN INTERE ST IN THE BUSINESS O F THE | |
875 | - | COMMISSION. | |
816 | + | (21) DETERMINE WHETHER A S TATE’S ADOPTED LANGUAGE I S 26 | |
817 | + | MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE 27 | |
818 | + | STATE WOULD NOT QUAL IFY FOR PARTICIPATIO N IN THE COMPACT; AND 28 | |
876 | 819 | ||
877 | - | ( | |
878 | - | ||
820 | + | (22) PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 29 | |
821 | + | APPROPRIATE TO ACHIE VE THE PURPOSES OF T HE COMPACT. 30 | |
879 | 822 | ||
880 | - | ( | |
881 | - | ||
823 | + | (D) (1) THE EXECUTIVE COMMITT EE SHALL HAVE THE PO WER TO ACT ON 31 | |
824 | + | BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THE COMPACT. THE 32 SENATE BILL 174 19 | |
882 | 825 | ||
883 | - | (F) (1) ALL MEETINGS SHALL BE OPEN TO THE PUBLIC , EXCEPT THAT | |
884 | - | THE COMMISSION MAY MEET I N A CLOSED, NON–PUBLIC MEETING AS PR OVIDED IN | |
885 | - | PARAGRAPH (2) OF THIS SUBSECTION B ELOW. | |
886 | 826 | ||
887 | - | (I) PUBLIC NOTICE FOR ALL MEETINGS OF THE FULL | |
888 | - | COMMISSION SHALL BE G IVEN IN THE SAME MAN NER AS REQUIRED UNDE R THE | |
889 | - | RULEMAKING PROVISION S IN SECTION 12, EXCEPT THAT THE COMMISSION MAY | |
890 | - | HOLD A SPECIAL MEETI NG AS PROVIDED IN SU BPARAGRAPH (II) OF THIS | |
891 | - | PARAGRAPH BELOW . | |
827 | + | POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COM MITTEE SHALL 1 | |
828 | + | INCLUDE: 2 | |
892 | 829 | ||
893 | - | (II) THE COMMISSION MAY HOLD A SPECI AL MEETING WHEN IT | |
894 | - | MUST MEET TO CONDUCT EMERGENCY BUSINESS B Y GIVING 48 HOURS’ NOTICE TO | |
895 | - | ALL COMMISSIONERS , ON THE COMMISSION’S WEBSITE, AND OTHER MEANS AS | |
896 | - | PROVIDED IN THE COMMISSION’S RULES. THE COMMISSION’S LEGAL COUNSEL | |
897 | - | SHALL CERTIFY THAT THE COMMISSION’S NEED TO MEET QUALI FIES AS AN | |
898 | - | EMERGENCY . | |
830 | + | (I) OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E 3 | |
831 | + | ADMINISTRATION OF TH E COMPACT INCLUDING ENF ORCEMENT AND COMPLIA NCE 4 | |
832 | + | WITH THE PROVISIONS OF THE COMPACT, ITS RULES AND BYLAWS , AND OTHER SUCH 5 | |
833 | + | DUTIES AS DEEMED NEC ESSARY; 6 | |
899 | 834 | ||
900 | - | (2) THE COMMISSION OR THE EXE CUTIVE COMMITTEE OR OTHER | |
901 | - | COMMITTEES OF THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC | |
902 | - | MEETING FOR THE COMMISSION OR EXECUTI VE COMMITTEE OR OTHE R | |
903 | - | COMMITTEES OF THE COMMISSION TO RECEIVE LEGAL ADVICE OR TO D ISCUSS: | |
904 | - | WES MOORE, Governor Ch. 10 | |
835 | + | (II) RECOMMENDING TO THE COMMISSION CHANGES TO THE 7 | |
836 | + | RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO 8 | |
837 | + | COMPACT MEMBER STATES SUCH AS FEES CHARGED TO LICENSEES, AND OTHER 9 | |
838 | + | FEES; 10 | |
905 | 839 | ||
906 | - | – 21 – | |
907 | - | (I) NON–COMPLIANCE OF A MEMB ER STATE WITH ITS | |
908 | - | OBLIGATIONS UNDER TH E COMPACT; | |
840 | + | (III) ENSURING COMPACT ADMINISTRATIO N SERVICES ARE 11 | |
841 | + | APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T; 12 | |
909 | 842 | ||
910 | - | (II) THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER | |
911 | - | MATTERS, PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES; | |
843 | + | (IV) PREPARING AND RECOMME NDING THE BUDGET ; 13 | |
912 | 844 | ||
913 | - | ( | |
914 | - | ||
845 | + | (V) MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE 14 | |
846 | + | COMMISSION; 15 | |
915 | 847 | ||
916 | - | ( | |
917 | - | ||
848 | + | (VI) MONITORING COMPACT COMPLIANCE OF MEMBER STATES 16 | |
849 | + | AND PROVIDING COMPLIAN CE REPORTS TO THE COMMISSION; 17 | |
918 | 850 | ||
919 | - | (V) NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, | |
920 | - | OR SALE OF GOODS , SERVICES, OR REAL ESTATE ; | |
851 | + | (VII) ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY; 18 | |
921 | 852 | ||
922 | - | (VI) ACCUSING ANY PERSON O F A CRIME OR FORMALL Y | |
923 | - | CENSURING ANY PERSON ; | |
853 | + | (VIII) EXERCISING THE POWERS AND DUTIES OF THE 19 | |
854 | + | COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT 20 | |
855 | + | FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND 21 | |
856 | + | EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE 22 | |
857 | + | COMMISSION BY RULE OR BYLAW; AND 23 | |
924 | 858 | ||
925 | - | ( | |
926 | - | ||
859 | + | (IX) OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF 24 | |
860 | + | THE COMMISSION. 25 | |
927 | 861 | ||
928 | - | (VIII) INFORMATION OF A PERS ONAL NATURE WHERE | |
929 | - | DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F | |
930 | - | PERSONAL PRIVACY ; | |
862 | + | (2) THE EXECUTIVE COMMITT EE SHALL BE COMPOSE D OF UP TO 26 | |
863 | + | ELEVEN MEMBERS : 27 | |
931 | 864 | ||
932 | - | ( | |
933 | - | ||
865 | + | (I) THE CHAIR AND VICE CH AIR OF THE COMMISSION SHALL BE 28 | |
866 | + | VOTING MEMBERS OF TH E EXECUTIVE COMMITTE E; 29 | |
934 | 867 | ||
935 | - | (X) INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS | |
936 | - | PREPARED BY OR ON BE HALF OF OR FOR U SE OF THE COMMISSION OR OTHER | |
937 | - | COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR | |
938 | - | DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; | |
868 | + | (II) THE COMMISSION SHALL ELEC T FIVE VOTING MEMBER S 30 | |
869 | + | FROM THE CURRENT MEM BERSHIP OF THE COMMISSION; 31 | |
870 | + | 20 SENATE BILL 174 | |
939 | 871 | ||
940 | - | (XI) MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE BY | |
941 | - | FEDERAL OR MEMBER ST ATE LAW; OR | |
942 | 872 | ||
943 | - | ( | |
944 | - | ||
873 | + | (III) UP TO FOUR EX OFFICIO, NONVOTING MEMBERS FR OM 1 | |
874 | + | FOUR RECOGNIZED NATI ONAL SOCIAL WORKER O RGANIZATIONS ; 2 | |
945 | 875 | ||
946 | - | (3) IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE | |
947 | - | PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND | |
948 | - | REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCES | |
949 | - | SHALL BE RECORDE D IN THE MINUTES . | |
950 | - | Ch. 10 2025 LAWS OF MARYLAND | |
876 | + | (IV) THE EX OFFICIO MEMBER S WILL BE SELECTED B Y THEIR 3 | |
877 | + | RESPECTIVE ORGANIZAT IONS. 4 | |
951 | 878 | ||
952 | - | – 22 – | |
953 | - | (4) THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND | |
954 | - | CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A | |
955 | - | FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASONS THEREFOR | |
956 | - | THEREFORE , INCLUDING A DESCRIPT ION OF THE VIEWS EXPRESSED . ALL | |
957 | - | DOCUMENTS CONSIDERED IN CONNECTION WITH A N ACTION SHALL BE ID ENTIFIED | |
958 | - | IN SUCH MINUTES . ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL | |
959 | - | REMAIN UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE | |
960 | - | COMMISSION OR ORDER O F A COURT OF COMPETENT JU RISDICTION. | |
879 | + | (3) THE COMMISSION MAY REMOVE ANY MEMBER OF THE EX ECUTIVE 5 | |
880 | + | COMMITTEE AS PROVIDE D IN THE COMMISSION’S BYLAWS. 6 | |
961 | 881 | ||
962 | - | (G) (1) THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT | |
963 | - | OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND | |
964 | - | ONGOING ACTIVITIES . | |
882 | + | (4) THE EXECUTIVE COMMITT EE SHALL MEET AT LEA ST ANNUALLY. 7 | |
965 | 883 | ||
966 | - | (2) THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE | |
967 | - | REVENUE SOURCES , AS PROVIDED IN SUBSE CTION (C)(13) OF THIS SECTION. | |
884 | + | (I) EXECUTIVE COMMITTEE M EETINGS SHALL BE OPE N TO THE 8 | |
885 | + | PUBLIC, EXCEPT THAT THE EXEC UTIVE COMMITTEE MAY MEET IN A CLOSED , 9 | |
886 | + | NON–PUBLIC MEETING AS PR OVIDED IN SUBSECTION (F)(2) BELOW. 10 | |
968 | 887 | ||
969 | - | (3) THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL | |
970 | - | ASSESSMENT FROM EACH MEMBER STATE AND IMP OSE FEES ON LICENSEE S OF | |
971 | - | MEMBER STATES TO WHO M IT GRANTS A MULTIS TATE LICENSE TO COVE R THE COST | |
972 | - | OF THE OPER ATIONS AND ACTIVITIE S OF THE COMMISSION AND ITS ST AFF, WHICH | |
973 | - | MUST BE IN A TOTAL A MOUNT SUFFICIENT TO COVER ITS ANNUAL BUD GET AS | |
974 | - | APPROVED EACH YEAR F OR WHICH REVENUE IS NOT PROVIDED BY OTHE R SOURCES. | |
975 | - | THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER STATES SHALL BE | |
976 | - | ALLOCATED BASED UPON A FORMULA THAT THE COMMISSION SHALL PROM ULGATE | |
977 | - | BY RULE. | |
888 | + | (II) THE EXECUTIVE COMMITT EE SHALL GIVE SEVEN DAYS’ 11 | |
889 | + | NOTICE OF ITS MEETIN GS, POSTED ON ITS WEBSIT E AND AS DETERMINED TO 12 | |
890 | + | PROVIDE NOTICE TO PE RSONS WITH AN INTERE ST IN THE BUSINESS O F THE 13 | |
891 | + | COMMISSION. 14 | |
978 | 892 | ||
979 | - | (4) THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND | |
980 | - | PRIOR TO SECURING TH E FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL THE | |
981 | - | COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES , EXCEPT BY AND | |
982 | - | WITH THE AUTHORITY O F THE MEMBER STATE . | |
893 | + | (III) THE EXECUTIVE COMMITT EE MAY HO LD A SPECIAL 15 | |
894 | + | MEETING IN ACCORDANC E WITH SUBSECTION (F)(1)(II) BELOW. 16 | |
983 | 895 | ||
984 | - | (5) THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL | |
985 | - | RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISB URSEMENTS OF THE | |
986 | - | COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACC OUNTING | |
987 | - | PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . HOWEVER, ALL RECEIPTS AND | |
988 | - | DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO | |
989 | - | AN ANNUAL FINANCIAL REVIEW BY A CERTIFIE D OR LICENSED PUBLIC | |
990 | - | ACCOUNTANT , AND THE REPORT OF TH E FINANCIAL REVIEW SHALL BE INCLUDED IN | |
991 | - | AND BECOME PART OF T HE ANNUAL REPORT OF THE COMMISSION. | |
896 | + | (E) THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER STATES 17 | |
897 | + | AN ANNUAL REPORT . 18 | |
992 | 898 | ||
993 | - | ( | |
994 | - | ||
995 | - | ||
899 | + | (F) (1) ALL MEETINGS SHALL BE OPEN TO THE PUBLIC , EXCEPT THAT 19 | |
900 | + | THE COMMISSION MAY MEET I N A CLOSED, NON–PUBLIC MEETING AS PR OVIDED IN 20 | |
901 | + | PARAGRAPH (2) OF THIS SUBSECTION B ELOW. 21 | |
996 | 902 | ||
997 | - | – 23 – | |
998 | - | FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL | |
999 | - | LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR OR | |
1000 | - | OMISSION THAT OCCURR ED, OR THAT THE PERSON A GAINST WHOM THE CLAI M IS | |
1001 | - | MADE HAD A REASONABL E BASIS FOR BELIEVIN G OCCURRED WITHIN TH E SCOPE OF | |
1002 | - | COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED THAT | |
1003 | - | NOTHING IN THIS PARA GRAPH SHALL BE CONST RUED TO PROTECT ANY SUCH | |
1004 | - | PERSON FROM SUIT OR LIABILITY FOR ANY DA MAGE, LOSS, INJURY, OR LIABILITY | |
1005 | - | CAUSED BY THE INTENTIO NAL OR WILLFUL OR WA NTON MISCONDUCT OF T HAT | |
1006 | - | PERSON. THE PROCUREMENT OF IN SURANCE OF ANY TYPE BY THE COMMISSION | |
1007 | - | SHALL NOT IN ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED | |
1008 | - | HEREUNDER . | |
903 | + | (I) PUBLIC NOTICE FOR ALL MEETINGS OF THE FULL 22 | |
904 | + | COMMISSION SHALL BE G IVEN IN THE SAME MAN NER AS REQUIRED UNDE R THE 23 | |
905 | + | RULEMAKING PROVISION S IN SECTION 12, EXCEPT THAT THE COMMISSION MA Y 24 | |
906 | + | HOLD A SPECIAL MEETI NG AS PROVIDED IN SU BPARAGRAPH (II) OF THIS 25 | |
907 | + | PARAGRAPH BELOW . 26 | |
1009 | 908 | ||
1010 | - | (2) THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, | |
1011 | - | EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN | |
1012 | - | ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR | |
1013 | - | ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF | |
1014 | - | COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR AS DETERMINED BY | |
1015 | - | THE COMMISSION THAT THE P ERSON AGAINST WHOM T HE CLAIM IS MADE HAD A | |
1016 | - | REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF | |
1017 | - | COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT | |
1018 | - | NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT T HAT PERSON FROM | |
1019 | - | RETAINING THEIR OWN COUNSEL AT THEIR EXP ENSE; AND PROVIDED FURTHER , | |
1020 | - | THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM | |
1021 | - | THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT. | |
909 | + | (II) THE COMMISSION MAY HOLD A SPECIAL MEETING WHEN IT 27 | |
910 | + | MUST MEET TO CONDUCT EMERGENCY BUSINESS B Y GIVING 48 HOURS’ NOTICE TO 28 | |
911 | + | ALL COMMISSIONERS , ON THE COMMISSION’S WEBSITE, AND OTHER MEANS AS 29 | |
912 | + | PROVIDED IN THE COMMISSION’S RULES. THE COMMISSION’S LEGAL COUNSEL 30 | |
913 | + | SHALL CERTIFY THAT T HE COMMISSION’S NEED TO MEET QUALI FIES AS AN 31 | |
914 | + | EMERGENCY . 32 | |
915 | + | SENATE BILL 174 21 | |
1022 | 916 | ||
1023 | - | (3) THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY | |
1024 | - | MEMBER, OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F | |
1025 | - | THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT OBTAI NED | |
1026 | - | AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR OR | |
1027 | - | OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , | |
1028 | - | DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONABLE BAS IS | |
1029 | - | FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , | |
1030 | - | DUTIES, OR RESPONSIBILITIES , PROVIDED THAT THE AC TUAL OR ALLE GED ACT, | |
1031 | - | ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL O R | |
1032 | - | WANTON MISCONDUCT OF THAT PERSON . | |
1033 | 917 | ||
1034 | - | ( | |
1035 | - | ||
1036 | - | ||
1037 | - | ||
918 | + | (2) THE COMMISSION OR THE EXE CUTIVE COMMITTEE OR OTHER 1 | |
919 | + | COMMITTEES OF THE COMMISSION MAY CONVENE IN A CLOSED , NON–PUBLIC 2 | |
920 | + | MEETING FOR THE COMMISSION OR EXECUTI VE COMMITTEE OR OTHE R 3 | |
921 | + | COMMITTEES OF THE COMMISSION TO RECEIVE LEGAL ADVICE OR TO D ISCUSS: 4 | |
1038 | 922 | ||
1039 | - | ( | |
1040 | - | ||
923 | + | (I) NON–COMPLIANCE OF A MEMB ER STATE WITH ITS 5 | |
924 | + | OBLIGATIONS UNDER TH E COMPACT; 6 | |
1041 | 925 | ||
1042 | - | – 24 – | |
1043 | - | AFFIRMATIVE DEFENSE WITH RESPECT TO ANTI TRUST CLAIMS UNDER T HE | |
1044 | - | SHERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE O R FEDERAL ANTITRUST OR | |
1045 | - | ANTICOMPETITIVE LAW OR REGULATION . | |
926 | + | (II) THE EMPLOYMENT, COMPENSATION , DISCIPLINE OR OTHER 7 | |
927 | + | MATTERS, PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES ; 8 | |
1046 | 928 | ||
1047 | - | (6) NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A | |
1048 | - | WAIVER OF SOVEREIGN IMMUNITY BY THE MEMB ER STATES OR BY THE | |
1049 | - | COMMISSION. | |
929 | + | (III) CURRENT OR THREATENED DISCIPLINE OF A LICE NSEE BY 9 | |
930 | + | THE COMMISSION OR BY A ME MBER STATE’S LICENSING AUTHORIT Y; 10 | |
1050 | 931 | ||
1051 | - | SECTION 11. DATA SYSTEM. | |
932 | + | (IV) CURRENT, THREATENED , OR REASONABLY ANTICI PATED 11 | |
933 | + | LITIGATION; 12 | |
1052 | 934 | ||
1053 | - | ( | |
1054 | - | ||
935 | + | (V) NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, 13 | |
936 | + | OR SALE OF GOODS , SERVICES, OR REAL ESTATE ; 14 | |
1055 | 937 | ||
1056 | - | (B) THE COMMISSION SHALL ASSI GN EACH APPLICANT FO R A MULTISTATE | |
1057 | - | LICENSE A UNIQUE IDE NTIFIER, AS DETERMINED BY THE RULES OF THE | |
1058 | - | COMMISSION. | |
938 | + | (VI) ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 15 | |
939 | + | CENSURING ANY PERSON ; 16 | |
1059 | 940 | ||
1060 | - | (C) NOTWITHSTANDING ANY O THER PROVISION OF ST ATE LAW TO THE | |
1061 | - | CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DAT A SET TO THE DATA | |
1062 | - | SYSTEM ON ALL INDIVI DUALS TO WHOM THIS COMPACT IS APPLICABLE AS | |
1063 | - | REQUIRED BY THE RULE S OF THE COMMISSION, INCLUDING: | |
941 | + | (VII) TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 17 | |
942 | + | INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL; 18 | |
1064 | 943 | ||
1065 | - | (1) IDENTIFYING INFORMATI ON; | |
944 | + | (VIII) INFORMATION OF A PERS ONAL NATURE WHERE 19 | |
945 | + | DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F 20 | |
946 | + | PERSONAL PRIVACY ; 21 | |
1066 | 947 | ||
1067 | - | (2) LICENSURE DATA ; | |
948 | + | (IX) INVESTIGATIVE RECORDS COMPILED FOR LAW 22 | |
949 | + | ENFORCEMENT PURPOSES; 23 | |
1068 | 950 | ||
1069 | - | (3) ADVERSE ACTIONS AGAIN ST A LICENSE AND INF ORMATION | |
1070 | - | RELATED THERETO ; | |
951 | + | (X) INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 24 | |
952 | + | PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER 25 | |
953 | + | COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR 26 | |
954 | + | DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; 27 | |
1071 | 955 | ||
1072 | - | (4) NON–CONFIDENTIAL INFORMA TION RELATED TO ALTE RNATIVE | |
1073 | - | PROGRAM PARTICIPATIO N, THE BEGINNING AND EN D DATES OF SUCH | |
1074 | - | PARTICIPATION, AND OTHER INFORMATIO N RELATED TO SUCH PA RTICIPATION NOT | |
1075 | - | MADE CONFIDENTIAL UN DER MEMBER STATE LAW ; | |
956 | + | (XI) MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE BY 28 | |
957 | + | FEDERAL OR MEMBER ST ATE LAW; OR 29 | |
1076 | 958 | ||
1077 | - | (5) ANY DENIAL OF APPLICA TION FOR LICENSURE , AND THE | |
1078 | - | REASON(S) FOR SUCH DENIAL ; | |
959 | + | (XII) OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 30 | |
960 | + | BY RULE. 31 | |
961 | + | 22 SENATE BILL 174 | |
1079 | 962 | ||
1080 | - | (6) THE PRESENCE OF CURRE NT SIGNIFICANT INVES TIGATIVE | |
1081 | - | INFORMATI ON; AND | |
1082 | 963 | ||
1083 | - | (7) OTHER INFORMATION THA T MAY FACILITATE THE | |
1084 | - | ADMINISTRATION OF TH IS COMPACT, AS DETERMINED BY THE RULES OF THE | |
1085 | - | COMMISSION. WES MOORE, Governor Ch. 10 | |
964 | + | (3) IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE 1 | |
965 | + | PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSED AN D 2 | |
966 | + | REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCES 3 | |
967 | + | SHALL BE RECORDED IN THE MINUTES. 4 | |
1086 | 968 | ||
1087 | - | – 25 – | |
969 | + | (4) THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 5 | |
970 | + | CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 6 | |
971 | + | FULL AND ACCURATE SUMMARY O F ACTIONS TAKEN , AND THE REASONS THEREFOR 7 | |
972 | + | THEREFORE , INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL 8 | |
973 | + | DOCUMENTS CONSIDERED IN CONNECTION WITH A N ACTION SHALL BE ID ENTIFIED 9 | |
974 | + | IN SUCH MINUTES . ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL 10 | |
975 | + | REMAIN UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 11 | |
976 | + | COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION . 12 | |
1088 | 977 | ||
1089 | - | (D) THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE | |
1090 | - | PURSUANT TO THIS COMPACT OR THROUGH TH E DATA SYSTEM , WHEN CERTIFIED | |
1091 | - | BY THE COMMISSION OR AN AGEN T THEREOF , SHALL CONSTITUTE THE | |
1092 | - | AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE | |
1093 | - | ENTITLED TO ANY ASSO CIATED HEARSAY EXCEP TION IN ANY RELEVANT JUDICIAL, | |
1094 | - | QUASI–JUDICIAL OR ADMINIST RATIVE PROCEEDINGS I N A MEMBER STATE. | |
978 | + | (G) (1) THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 13 | |
979 | + | OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION, AND 14 | |
980 | + | ONGOING ACTIVITIES . 15 | |
1095 | 981 | ||
1096 | - | (E) CURRENT SIGNIFICANT I NVESTIGATIVE INFORMA TION PERTAINING TO | |
1097 | - | A LICENSEE IN ANY ME MBER STATE WILL ONLY BE AVAILABLE TO OTHE R MEMBER | |
1098 | - | STATES. | |
982 | + | (2) THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 16 | |
983 | + | REVENUE SOURCES , AS PROVIDED IN SUBSE CTION (C)(13) OF THIS SECTION. 17 | |
1099 | 984 | ||
1100 | - | (1) IT IS THE RESPONSIBIL ITY OF THE MEMBER ST ATES TO REPORT | |
1101 | - | ANY ADVERSE ACTION A GAINST A LICENSEE A ND TO MONITOR THE DA TABASE TO | |
1102 | - | DETERMINE WHETHER ADVERSE ACTION HAS B EEN TAKEN AGAINST A LICENSEE. | |
1103 | - | ADVERSE ACTION INFORMATION PERTAINI NG TO A LICENSEE IN ANY MEMBER | |
1104 | - | STATE WILL BE AVAILA BLE TO ANY OTHER MEM BER STATE. | |
985 | + | (3) THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 18 | |
986 | + | ASSESSMENT FROM EACH MEMBER STATE AND IMP OSE FEES ON LICENSEES OF 19 | |
987 | + | MEMBER STATES TO WHO M IT GRANTS A MULTIS TATE LICENSE TO COVE R THE COST 20 | |
988 | + | OF THE OPERATIONS AN D ACTIVITIES OF THE COMMISSION AND ITS ST AFF, WHICH 21 | |
989 | + | MUST BE IN A TOTAL A MOUNT SUFFICIENT TO COVER ITS ANNUAL BUD GET AS 22 | |
990 | + | APPROVED EACH YEAR F OR WHICH REVENUE IS NOT P ROVIDED BY OTHER SOU RCES. 23 | |
991 | + | THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER STATES SHAL L BE 24 | |
992 | + | ALLOCATED BASED UPON A FORMULA THAT THE COMMISSION SHALL PROM ULGATE 25 | |
993 | + | BY RULE. 26 | |
1105 | 994 | ||
1106 | - | (F) MEMBER STATES CONTRIB UTING INFORMATION TO THE D ATA SYSTEM | |
1107 | - | MAY DESIGNATE INFORM ATION THAT MAY NOT B E SHARED WITH THE PU BLIC | |
1108 | - | WITHOUT THE EXPRESS PERMISSION OF THE CO NTRIBUTING STATE . | |
995 | + | (4) THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND 27 | |
996 | + | PRIOR TO SECURING THE FUND S ADEQUATE TO MEET T HE SAME; NOR SHALL THE 28 | |
997 | + | COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES , EXCEPT BY AND 29 | |
998 | + | WITH THE AUTHORITY O F THE MEMBER STATE . 30 | |
1109 | 999 | ||
1110 | - | (G) ANY INFORMATION SUBMI TTED TO THE DATA SYS TEM THAT IS | |
1111 | - | SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERA L LAW OR THE LAWS OF T HE | |
1112 | - | MEMBER STATE CONTRIB UTING THE INFORMATIO N SHALL BE REMOVED F ROM THE | |
1113 | - | DATA SYSTEM. | |
1000 | + | (5) THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 31 | |
1001 | + | RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND DISB URSEMENTS OF THE 32 | |
1002 | + | COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACCOU NTING 33 | |
1003 | + | PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . HOWEVER, ALL RECEIPTS AND 34 | |
1004 | + | DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO 35 | |
1005 | + | AN ANNUAL FINANCIAL REVIEW BY A CERTIFIE D OR LICENSED PUBLIC 36 | |
1006 | + | ACCOUNTANT , AND THE REPORT OF TH E FINANCIAL REVIEW S HALL BE INCLUDED IN 37 | |
1007 | + | AND BECOME PART OF T HE ANNUAL REPORT OF THE COMMISSION. 38 SENATE BILL 174 23 | |
1114 | 1008 | ||
1115 | - | SECTION 12. RULEMAKING. | |
1116 | 1009 | ||
1117 | - | (A) THE COMMISSION SHALL PROM ULGATE REASONABLE RU LES IN ORDER | |
1118 | - | TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER THE P URPOSES | |
1119 | - | AND PROVISIONS OF TH E COMPACT. A RULE SHALL BE INVALI D AND HAVE NO FORCE | |
1120 | - | OR EFFECT ONLY IF A COURT OF COMPETENT J URISDICTION HOLDS TH AT THE RULE | |
1121 | - | IS INVALID BECAUSE T HE COMMISSION EXERCISED ITS RULEMAKING AUTHO RITY IN | |
1122 | - | A MANNER THAT IS BEY OND THE SCOPE AND PURPOSES OF THE COMPACT, OR THE | |
1123 | - | POWERS GRANTED HEREU NDER, OR BASED UPON ANOTHE R APPLICABLE STANDAR D | |
1124 | - | OF REVIEW. | |
1125 | 1010 | ||
1126 | - | (B) THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN | |
1127 | - | EACH MEMBER STATE , PROVIDED HOWEVER THA T WHERE THE RULES OF THE | |
1128 | - | COMMISSION CONFLICT WITH THE LA WS OF THE MEMBER STA TE THAT ESTABLISH | |
1129 | - | THE MEMBER STATE ’S LAWS, REGULATIONS , AND APPLICABLE STAND ARDS THAT | |
1130 | - | GOVERN THE PRACTICE OF SOCIAL WORK AS HELD BY A COURT O F COMPETENT Ch. 10 2025 LAWS OF MARYLAND | |
1011 | + | (H) (1) THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES 1 | |
1012 | + | AND REPRESENTATIVES OF T HE COMMISSION SHALL BE I MMUNE FROM SUIT AND 2 | |
1013 | + | LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM 3 | |
1014 | + | FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL 4 | |
1015 | + | LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR OR 5 | |
1016 | + | OMISSION THAT OCCURR ED, OR THAT THE PERSON A GAINST WHOM THE CLAI M IS 6 | |
1017 | + | MADE HAD A REASONABL E BASIS FOR BELIEVIN G OCCURRED WITHIN TH E SCOPE OF 7 | |
1018 | + | COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED THAT 8 | |
1019 | + | NOTHING IN THIS PARA GRAPH SH ALL BE CONSTRUED TO PROTECT ANY SUCH 9 | |
1020 | + | PERSON FROM SUIT OR LIABILITY FOR ANY DA MAGE, LOSS, INJURY, OR LIABILITY 10 | |
1021 | + | CAUSED BY THE INTENT IONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT 11 | |
1022 | + | PERSON. THE PROCUREMENT OF IN SURANCE OF ANY TYPE BY THE COMMISSION 12 | |
1023 | + | SHALL NOT IN ANY WAY COMPROMISE O R LIMIT THE IMMUNITY GRANTED 13 | |
1024 | + | HEREUNDER . 14 | |
1131 | 1025 | ||
1132 | - | – 26 – | |
1133 | - | JURISDICTION, THE RULES OF THE COMMISSION SHALL BE I NEFFECTIVE IN THAT | |
1134 | - | STATE TO THE EXTENT OF THE CONFLICT . | |
1026 | + | (2) THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 15 | |
1027 | + | EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN 16 | |
1028 | + | ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 17 | |
1029 | + | ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 18 | |
1030 | + | COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY 19 | |
1031 | + | THE COMMISSION THAT THE P ERSON AGAINST WHOM T HE CLAIM IS MADE HAD A 20 | |
1032 | + | REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 21 | |
1033 | + | COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT 22 | |
1034 | + | NOTHING HEREIN SHALL BE CONSTRUED TO PROH IBIT THAT PERSON FRO M 23 | |
1035 | + | RETAINING THEIR OWN COUNSEL AT THEIR EXP ENSE; AND PROVIDED FURTHER , 24 | |
1036 | + | THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM 25 | |
1037 | + | THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT. 26 | |
1135 | 1038 | ||
1136 | - | (C) THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS | |
1137 | - | PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS SECTION AND THE R ULES ADOPTED | |
1138 | - | THEREUNDER . RULES SHALL BECOME BI NDING AS ON THE DAY FOLLOWING | |
1139 | - | ADOPTION OR THE D ATE SPECIFIED IN THE RULE OR AMENDMENT , WHICHEVER IS | |
1140 | - | LATER. | |
1039 | + | (3) THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS ANY 27 | |
1040 | + | MEMBER, OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F 28 | |
1041 | + | THE COMMISSION FOR THE AM OUNT OF ANY SETTLEMENT OR JUDGME NT OBTAINED 29 | |
1042 | + | AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR OR 30 | |
1043 | + | OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 31 | |
1044 | + | DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONABLE BAS IS 32 | |
1045 | + | FOR BELIEVING O CCURRED WITHIN THE S COPE OF COMMISSION EMPLOYMENT , 33 | |
1046 | + | DUTIES, OR RESPONSIBILITIES , PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 34 | |
1047 | + | ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL O R 35 | |
1048 | + | WANTON MISCONDUCT OF THAT PERSON . 36 | |
1141 | 1049 | ||
1142 | - | (D) IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES | |
1143 | - | REJECTS A RULE OR PO RTION OF A RULE , BY ENACTMENT OF A ST ATUTE OR | |
1144 | - | RESOLUTION IN THE SA ME MANNER USED TO AD OPT THE COMPACT WITHIN FOUR | |
1145 | - | YEARS OF THE DATE OF ADOPTION OF THE RULE , THEN SUCH RULE SHALL HAVE NO | |
1146 | - | FURTHER FORCE AND EF FECT IN ANY MEMBER S TATE. | |
1050 | + | (4) NOTHING HEREIN SHALL BE CONSTRUED AS A LIMITA TION ON 37 | |
1051 | + | THE LIABILITY OF ANY LICENSEE FOR PROFESS IONAL MALPRACTICE OR 38 | |
1052 | + | MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE 39 | |
1053 | + | STATE LAWS. 40 24 SENATE BILL 174 | |
1147 | 1054 | ||
1148 | - | (E) RULES SHALL BE ADOPTE D AT A REGULAR OR SP ECIAL MEETING OF THE | |
1149 | - | COMMISSION. | |
1150 | 1055 | ||
1151 | - | (F) PRIOR TO ADOPTION OF A PROPOSED RULE , THE COMMISSION SHALL | |
1152 | - | HOLD A PUBLIC HEARIN G AND ALLOW PERSONS TO PROVIDE ORAL AND WRITTEN | |
1153 | - | COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS . | |
1154 | 1056 | ||
1155 | - | (G) PRIOR TO ADOPTION OF A PROPOSED RULE BY T HE COMMISSION, AND | |
1156 | - | AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION W ILL | |
1157 | - | HOLD A PUBLIC HEARIN G ON THE PROPOSED RU LE, THE COMMISSION SHALL | |
1158 | - | PROVIDE A NOTICE OF PROPOSED RULEMAKING : | |
1057 | + | (5) NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 1 | |
1058 | + | OR OTHERWISE ABROGAT E A MEMBER STATE’S ACTION IMMUNITY OR STATE ACTION 2 | |
1059 | + | AFFIRMATIVE DEFENSE WITH RESPECT TO ANTI TRUST CLAIMS UNDER T HE 3 | |
1060 | + | SHERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE O R FEDERAL ANTITRUST OR 4 | |
1061 | + | ANTICOMPETITIVE LAW OR REGULATION . 5 | |
1159 | 1062 | ||
1160 | - | (1) ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY | |
1161 | - | ACCESSIBLE PLATFORM ; | |
1063 | + | (6) NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 6 | |
1064 | + | WAIVER OF SOVEREIGN IMMUNITY BY THE MEMB ER STATES OR BY THE 7 | |
1065 | + | COMMISSION. 8 | |
1162 | 1066 | ||
1163 | - | (2) TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE | |
1164 | - | COMMISSION’S NOTICES OF PROPOSED RUL EMAKING; AND | |
1067 | + | SECTION 11. DATA SYSTEM. 9 | |
1165 | 1068 | ||
1166 | - | ( | |
1167 | - | ||
1069 | + | (A) THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT, 10 | |
1070 | + | MAINTENANCE , OPERATION, AND UTILIZATION OF A COORDINATED DATA SYS TEM. 11 | |
1168 | 1071 | ||
1169 | - | (H) THE NOTICE OF PROPOSE D RULEMAKING SHALL I NCLUDE: | |
1072 | + | (B) THE COMMISSION SHALL ASSIGN EACH APPLICANT FOR A MULT ISTATE 12 | |
1073 | + | LICENSE A UNIQUE IDE NTIFIER, AS DETERMINED BY THE RULES OF THE 13 | |
1074 | + | COMMISSION. 14 | |
1170 | 1075 | ||
1171 | - | (1) THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT | |
1172 | - | WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON THE PROP OSED RULE, | |
1173 | - | AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE | |
1174 | - | COMMISSION WILL CONSI DER AND VOTE ON THE PROPOSED RULE ; | |
1175 | - | WES MOORE, Governor Ch. 10 | |
1076 | + | (C) NOTWITHSTANDING ANY O THER PROVISION OF ST ATE LAW TO THE 15 | |
1077 | + | CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DAT A SET TO THE DATA 16 | |
1078 | + | SYSTEM ON ALL INDIVIDU ALS TO WHOM THIS COMPACT IS APPLICABLE AS 17 | |
1079 | + | REQUIRED BY THE RULE S OF THE COMMISSION, INCLUDING: 18 | |
1176 | 1080 | ||
1177 | - | – 27 – | |
1178 | - | (2) IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO | |
1179 | - | CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE | |
1180 | - | THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED | |
1181 | - | RULEMAKING ; | |
1081 | + | (1) IDENTIFYING INFORMATI ON; 19 | |
1182 | 1082 | ||
1183 | - | ( | |
1083 | + | (2) LICENSURE DATA ; 20 | |
1184 | 1084 | ||
1185 | - | ( | |
1186 | - | ||
1085 | + | (3) ADVERSE ACTIONS AGAIN ST A LICENSE AND INF ORMATION 21 | |
1086 | + | RELATED THERETO ; 22 | |
1187 | 1087 | ||
1188 | - | (5) THE MANNER IN WHICH I NTERESTED PERSONS MA Y SUBMIT | |
1189 | - | WRITTEN COMMENTS . | |
1088 | + | (4) NON–CONFIDENTIAL INFORMA TION RELATED TO ALTE RNATIVE 23 | |
1089 | + | PROGRAM PARTICIPATIO N, THE BEGINNING AND EN D DATES OF SUCH 24 | |
1090 | + | PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PA RTICIPATION NOT 25 | |
1091 | + | MADE CONFIDENTIAL UN DER MEMBER STATE LAW ; 26 | |
1190 | 1092 | ||
1191 | - | (I) ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDIN G AND | |
1192 | - | ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN | |
1193 | - | RESPONSE TO THE PROP OSED RULE SHALL BE M ADE AVAILABLE TO THE PUBLIC . | |
1093 | + | (5) ANY DENIAL OF APPLICA TION FOR LICENSURE , AND THE 27 | |
1094 | + | REASON(S) FOR SUCH DENIAL ; 28 | |
1194 | 1095 | ||
1195 | - | ( | |
1196 | - | ||
1197 | - | ||
1096 | + | (6) THE PRESENCE OF CURRE NT SIGNIFICANT INVES TIGATIVE 29 | |
1097 | + | INFORMATION ; AND 30 | |
1098 | + | SENATE BILL 174 25 | |
1198 | 1099 | ||
1199 | - | (K) THE COMMISSION SHALL , BY MAJORITY VOT E OF ALL MEMBERS , TAKE | |
1200 | - | FINAL ACTION ON THE PROPOSED RULE BASED ON THE RULEMAKING RE CORD AND | |
1201 | - | THE FULL TEXT OF THE RULE. | |
1202 | 1100 | ||
1203 | - | ( | |
1204 | - | ||
1205 | - | ||
1101 | + | (7) OTHER INFORMATION THA T MAY FACILITATE THE 1 | |
1102 | + | ADMINISTRATION OF TH IS COMPACT, AS DETERMINED BY THE RULES OF THE 2 | |
1103 | + | COMMISSION. 3 | |
1206 | 1104 | ||
1207 | - | (2) THE COMMISSION SHALL PROV IDE AN EXPLANATION O F THE | |
1208 | - | REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS | |
1209 | - | REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDE D BY | |
1210 | - | COMMENTERS . | |
1105 | + | (D) THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE 4 | |
1106 | + | PURSUANT TO THIS COMPACT OR THROUGH TH E DATA SYSTEM , WHEN CERTIFIED 5 | |
1107 | + | BY THE COMMISSION OR AN AGEN T THEREOF , SHALL CONSTITUTE THE 6 | |
1108 | + | AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE 7 | |
1109 | + | ENTITLED TO ANY ASSOCIATED HE ARSAY EXCEPTION IN A NY RELEVANT JUDICIAL , 8 | |
1110 | + | QUASI–JUDICIAL OR ADMINIST RATIVE PROCEEDINGS I N A MEMBER STATE . 9 | |
1211 | 1111 | ||
1212 | - | (3) THE COMMISSION SHALL DETE RMINE A REASONAB LE EFFECTIVE | |
1213 | - | DATE FOR THE RULE . EXCEPT FOR AN EMERGEN CY AS PROVIDED IN SECTION 12(L), | |
1214 | - | THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOONER THAN 30 DAYS AFTER | |
1215 | - | ISSUING THE NOTICE T HAT IT ADOPTED OR AM ENDED THE RULE . | |
1112 | + | (E) CURRENT SIGNIFICANT I NVESTIGATIVE INFORMA TION PERTAINING TO 10 | |
1113 | + | A LICENSEE IN ANY ME MBER STATE WILL ONLY BE AVAILABLE TO OTHE R MEMBER 11 | |
1114 | + | STATES. 12 | |
1216 | 1115 | ||
1217 | - | ( | |
1218 | - | ||
1219 | - | ||
1220 | - | ||
1221 | - | ||
1116 | + | (1) IT IS THE RESPONSIBIL ITY OF THE MEMBER ST ATES TO REPORT 13 | |
1117 | + | ANY ADVERSE ACTION A GAINST A LICENSEE AN D TO MONITOR THE DAT ABASE TO 14 | |
1118 | + | DETERMINE WHETHER ADVERSE ACTION HAS B EEN TAKEN AGAINST A LICENSEE. 15 | |
1119 | + | ADVERSE ACTION INFORMATION PERTAINI NG TO A LICENSEE IN ANY ME MBER 16 | |
1120 | + | STATE WILL BE AVAILA BLE TO ANY OTHER MEM BER STATE. 17 | |
1222 | 1121 | ||
1223 | - | – 28 – | |
1224 | - | POSSIBLE, IN NO EVENT LATER TH AN 90 DAYS AFTER THE EFFEC TIVE DATE OF THE | |
1225 | - | RULE. FOR THE PURPOSES OF T HIS PROVISION, AN EMERGENCY RULE IS ONE THAT | |
1226 | - | MUST BE ADOPTED IMME DIATELY IN ORDER TO : | |
1122 | + | (F) MEMBER STATES CONTRIB UTING INFORMATION TO THE DATA SYSTEM 18 | |
1123 | + | MAY DESIGNATE INFORM ATION THAT MAY NOT B E SHARED WITH THE PU BLIC 19 | |
1124 | + | WITHOUT THE EXPRESS PERMISSION OF THE CO NTRIBUTING STATE. 20 | |
1227 | 1125 | ||
1228 | - | (1) MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR | |
1229 | - | WELFARE; | |
1126 | + | (G) ANY INFORMATION SUBMI TTED TO THE DATA SYS TEM THAT IS 21 | |
1127 | + | SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERA L LAW OR THE LAWS OF THE 22 | |
1128 | + | MEMBER STATE CONTRIB UTING THE INFORMATIO N SHALL BE REMOVED F ROM THE 23 | |
1129 | + | DATA SYSTEM. 24 | |
1230 | 1130 | ||
1231 | - | ||
1131 | + | SECTION 12. RULEMAKING. 25 | |
1232 | 1132 | ||
1233 | - | (3) MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS | |
1234 | - | ESTABLISHED BY FEDER AL LAW OR RULE ; OR | |
1133 | + | (A) THE COMMISSION SHALL PROMULGATE R EASONABLE RULES IN O RDER 26 | |
1134 | + | TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER THE P URPOSES 27 | |
1135 | + | AND PROVISIONS OF TH E COMPACT. A RULE SHALL BE INVALI D AND HAVE NO FORCE 28 | |
1136 | + | OR EFFECT ONLY IF A COURT OF COMPETENT J URISDICTION HOLDS TH AT THE RULE 29 | |
1137 | + | IS INVALID BECAUSE T HE COMMISSION EXERCISED ITS RULEMAKING AUTHO RITY IN 30 | |
1138 | + | A MANNER THAT IS BEY OND THE SCOPE AND PU RPOSES OF THE COMPACT, OR THE 31 | |
1139 | + | POWERS GRANTED HEREU NDER, OR BASED UPON ANOTHE R APPLICABLE STANDAR D 32 | |
1140 | + | OF REVIEW. 33 | |
1235 | 1141 | ||
1236 | - | (4) PROTECT PUBLIC HEALTH AND SAFETY. | |
1142 | + | (B) THE RULES OF THE COMMISSION SHALL HAVE THE FOR CE OF LAW IN 34 | |
1143 | + | EACH MEMBER STATE , PROVIDED HOWEVER THA T WHERE THE RULES OF THE 35 | |
1144 | + | COMMISSION CONFLICT W ITH THE LAWS OF THE MEMBER STATE THAT ES TABLISH 36 26 SENATE BILL 174 | |
1237 | 1145 | ||
1238 | - | (M) THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE | |
1239 | - | COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE F OR | |
1240 | - | PURPOSES OF CORRECTI NG TYPOGRAPHICAL ERR ORS, ERRORS IN FORMAT , | |
1241 | - | ERRORS IN CONSISTENC Y, OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY | |
1242 | - | REVISIONS SHALL BE P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION | |
1243 | - | SHALL BE SUBJECT TO CHALLENGE BY ANY PER SON FOR A PERIOD OF 30 DAYS | |
1244 | - | AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GR OUNDS THAT THE | |
1245 | - | REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE | |
1246 | - | MADE IN WRITING AN D DELIVERED TO THE COMMISSION PRIOR TO T HE END OF THE | |
1247 | - | NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TA KE EFFECT | |
1248 | - | WITHOUT FURTHER ACTI ON. IF THE REVISION IS CH ALLENGED, THE REVISION MAY | |
1249 | - | NOT TAKE EFFECT WITH OUT THE APPROVAL OF THE COMMISSION. | |
1250 | 1146 | ||
1251 | - | (N) NO MEMBER STATE ’S RULEMAKING REQUIRE MENTS SHALL APPLY | |
1252 | - | UNDER THIS COMPACT. | |
1147 | + | THE MEMBER STATE ’S LAWS, REGULATIONS , AND APPLICABLE STAND ARDS THAT 1 | |
1148 | + | GOVERN THE PRACTICE OF SOCIAL WORK AS HELD BY A COURT O F COMPETENT 2 | |
1149 | + | JURISDICTION, THE RULES OF THE COMMISSION SHALL BE I NEFFECTIVE IN THAT 3 | |
1150 | + | STATE TO THE EXTENT OF THE CONFLICT . 4 | |
1253 | 1151 | ||
1254 | - | SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND | |
1255 | - | ENFORCEMENT. | |
1152 | + | (C) THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 5 | |
1153 | + | PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS SECTION AND THE RULES ADOPTED 6 | |
1154 | + | THEREUNDER . RULES SHALL BECOME BI NDING AS ON THE DAY FOLLOWING 7 | |
1155 | + | ADOPTION OR THE DATE SPECIFIED IN THE RUL E OR AMENDMENT , WHICHEVER IS 8 | |
1156 | + | LATER. 9 | |
1256 | 1157 | ||
1257 | - | (A) (1) THE EXECUTIVE AND JUD ICIAL BRANCHES OF ST ATE | |
1258 | - | GOVERNMENT IN EACH M EMBER STATE SHALL EN FORCE THIS COMPACT AND TAKE | |
1259 | - | ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT. | |
1158 | + | (D) IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 10 | |
1159 | + | REJECTS A RULE OR PO RTION OF A RULE, BY ENACTMENT OF A ST ATUTE OR 11 | |
1160 | + | RESOLUTION IN THE SA ME MANNER USED TO AD OPT THE COMPACT WITHIN FOUR 12 | |
1161 | + | YEARS OF THE DATE OF ADOPTION OF THE RULE , THEN SUCH RULE SHALL HAVE NO 13 | |
1162 | + | FURTHER FORCE AND EF FECT IN ANY MEMBER S TATE. 14 | |
1260 | 1163 | ||
1261 | - | (2) EXCEPT AS OTHERWISE P ROVIDED IN THIS COMPACT, VENUE IS | |
1262 | - | PROPER AND JUDICIAL PROCEEDINGS BY OR AG AINST THE COMMISSION SHALL BE | |
1263 | - | BROUGHT SOLELY AND E XCLUSIVELY IN A COUR T OF COMPETENT JURISDICTION | |
1264 | - | WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED . THE | |
1265 | - | COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES TO THE EXTENT | |
1266 | - | IT ADOPTS OR CONSENT S TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION WES MOORE, Governor Ch. 10 | |
1164 | + | (E) RULES SHALL BE ADOPTE D AT A REGULAR OR SPECI AL MEETING OF THE 15 | |
1165 | + | COMMISSION. 16 | |
1267 | 1166 | ||
1268 | - | – 29 – | |
1269 | - | PROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMIT THE SELECTIO N OR | |
1270 | - | PROPRIETY OF VENUE I N ANY ACTION AGAINST A LICENSEE FOR PROFE SSIONAL | |
1271 | - | MALPRACTICE , MISCONDUCT OR ANY SU CH SIMILAR MATTER . | |
1167 | + | (F) PRIOR TO ADOPTION OF A PROPOSED RULE , THE COMMISSION SHALL 17 | |
1168 | + | HOLD A PUBLIC HEARIN G AND ALLOW PERSONS TO PROVIDE ORAL AND WRITTEN 18 | |
1169 | + | COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS . 19 | |
1272 | 1170 | ||
1273 | - | (3) THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF | |
1274 | - | PROCESS IN ANY SUCH PROCEEDING REGARDING THE ENF ORCEMENT OR | |
1275 | - | INTERPRETATION OF TH E COMPACT, AND SHALL HAVE STAND ING TO INTERVENE IN | |
1276 | - | SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE TH E COMMISSION | |
1277 | - | SERVICE OF PROCESS R ENDERS A JUDGMENT OR ORDER VOID AS TO THE | |
1278 | - | COMMISSION, THE COMPACT, OR PROMULGATED R ULES. | |
1171 | + | (G) PRIOR TO ADOPTION O F A PROPOSED RULE BY THE COMMISSION, AND 20 | |
1172 | + | AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION WILL 21 | |
1173 | + | HOLD A PUBLIC HEARIN G ON THE PROPOSED RU LE, THE COMMISSION SHALL 22 | |
1174 | + | PROVIDE A NOTICE OF PROPOSED RULEMAKING : 23 | |
1279 | 1175 | ||
1280 | - | (B) (1) IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS | |
1281 | - | DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES | |
1282 | - | UNDER THIS COMPACT OR THE PROMUL GATED RULES , THE COMMISSION SHALL | |
1283 | - | PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT | |
1284 | - | SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT , | |
1285 | - | AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER | |
1286 | - | TRAINING AND SPECIFI C TECHNICAL ASSISTAN CE REGARDING THE DEF AULT. | |
1176 | + | (1) ON THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY 24 | |
1177 | + | ACCESSIBLE PLATFORM ; 25 | |
1287 | 1178 | ||
1288 | - | (2) | |
1289 | - | ||
1179 | + | (2) TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE 26 | |
1180 | + | COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND 27 | |
1290 | 1181 | ||
1291 | - | (C) IF A STATE IN DEFAULT FAILS TO CURE THE DE FAULT, THE DEFAULTING | |
1292 | - | STATE MAY BE TERMINA TED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF | |
1293 | - | A MAJORITY OF THE DE LEGATES OF THE MEMBE R STATES, AND ALL RIGHTS, | |
1294 | - | PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS COMPACT MAY BE | |
1295 | - | TERMINATED ON THE EF FECTIVE DATE OF TERM INATION. A CURE OF THE DEFAULT | |
1296 | - | DOES NOT RELIEVE THE OFFENDING STATE OF O BLIGATIONS OR LIABIL ITIES | |
1297 | - | INCURRED DURING THE PERIOD OF DEFAULT . | |
1182 | + | (3) IN SUCH OTHER WAY (S) AS THE COMMISSION MAY BY RUL E 28 | |
1183 | + | SPECIFY. 29 | |
1298 | 1184 | ||
1299 | - | (D) TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED | |
1300 | - | ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN | |
1301 | - | EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY | |
1302 | - | THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF | |
1303 | - | THE DEFAULTING STATE ’S LEGISLATURE , THE DEFAULTING STATE ’S STATE | |
1304 | - | LICENSING AUTHORITY , AND EACH OF THE MEMB ER STATES’ LICENSING | |
1305 | - | AUTHORITY. | |
1185 | + | (H) THE NOTICE OF PROPOSE D RULEMAKING SHALL I NCLUDE: 30 | |
1306 | 1186 | ||
1307 | - | (E) A STATE THAT HAS BEEN TERMINATED IS RESPON SIBLE FOR ALL | |
1308 | - | ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE | |
1309 | - | EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND | |
1310 | - | BEYOND THE EFFECTIVE DATE OF TERMINATION . | |
1311 | - | Ch. 10 2025 LAWS OF MARYLAND | |
1187 | + | (1) THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT 31 | |
1188 | + | WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON T HE PROPOSED RULE , 32 | |
1189 | + | AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE 33 | |
1190 | + | COMMISSION WILL CONSI DER AND VOTE ON THE PROPOSED RULE ; 34 SENATE BILL 174 27 | |
1312 | 1191 | ||
1313 | - | – 30 – | |
1314 | - | (F) UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS | |
1315 | - | COMPACT, THAT STATE SHALL IMM EDIATELY PROVIDE NOT ICE TO ALL LICENSEES | |
1316 | - | WITHIN THAT STATE OF SU CH TERMINATION . THE TERMINATED STATE SHALL | |
1317 | - | CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT | |
1318 | - | FOR A MINIMUM OF SIX MONTHS AFTER THE DAT E OF SAID NOTICE OF TERMINATION . | |
1319 | 1192 | ||
1320 | - | (G) THE COMMISSION MAY NOT BE AR ANY COSTS RELATED TO A STATE | |
1321 | - | THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE | |
1322 | - | COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND THE | |
1323 | - | DEFAULTING STATE . | |
1324 | 1193 | ||
1325 | - | (H) THE DEFAULTING STATE MAY APPEAL THE ACTIO N OF THE COMMISSION | |
1326 | - | BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR | |
1327 | - | THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES . | |
1328 | - | THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGA TION, | |
1329 | - | INCLUDING REASONABLE ATTORNEY’S FEES. | |
1194 | + | (2) IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO 1 | |
1195 | + | CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE 2 | |
1196 | + | THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED 3 | |
1197 | + | RULEMAKING ; 4 | |
1330 | 1198 | ||
1331 | - | (I) (1) UPON REQUEST BY A MEM BER STATE, THE COMMISSION SHALL | |
1332 | - | ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG | |
1333 | - | MEMBER STATES AND BE TWEEN MEMBER AND NON –MEMBER STATES . | |
1199 | + | (3) THE TEXT OF THE PROPO SED RULE AND THE REASON THERE FOR; 5 | |
1334 | 1200 | ||
1335 | - | (2) THE COMMISSION SHALL PROM ULGATE A RULE PROVID ING FOR | |
1336 | - | BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S | |
1337 | - | APPROPRIATE . | |
1201 | + | (4) A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY 6 | |
1202 | + | INTERESTED PERSON ; AND 7 | |
1338 | 1203 | ||
1339 | - | (J) (1) BY MAJORITY VOTE AS P ROVIDED BY RULE , THE COMMISSION | |
1340 | - | MAY INITIATE LEGAL A CTION AGAINST A MEMB ER STATE IN DEFAULT IN THE | |
1341 | - | UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE | |
1342 | - | FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO | |
1343 | - | ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS | |
1344 | - | PROMULGATED RULES . THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE | |
1345 | - | RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE | |
1346 | - | PREVAILING MEMBE R SHALL BE AWARDED A LL COSTS OF SUCH LIT IGATION, | |
1347 | - | INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN S HALL NOT BE | |
1348 | - | THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE | |
1349 | - | ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAULTING MEMBER | |
1350 | - | STATE’S LAW. | |
1204 | + | (5) THE MANNER IN WHICH I NTERESTED PERSONS MA Y SUBMIT 8 | |
1205 | + | WRITTEN COMMENTS . 9 | |
1351 | 1206 | ||
1352 | - | (2) A MEMBER STATE MAY INI TIATE LEGAL ACTION A GAINST THE | |
1353 | - | COMMISSION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR | |
1354 | - | THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO | |
1355 | - | ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS | |
1356 | - | PROMULGATED RULES . THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE WES MOORE, Governor Ch. 10 | |
1207 | + | (I) ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDIN G AND 10 | |
1208 | + | ALL WRITTEN COMMENTS AND DO CUMENTS RECEIVED BY THE COMMISSION IN 11 | |
1209 | + | RESPONSE TO THE PROP OSED RULE SHALL BE M ADE AVAILABLE TO THE PUBLIC. 12 | |
1357 | 1210 | ||
1358 | - | – 31 – | |
1359 | - | RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE | |
1360 | - | PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATI ON, | |
1361 | - | INCLUDING REASONABLE ATTORNEY’S FEES. | |
1211 | + | (J) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D AS REQUIRING A 13 | |
1212 | + | SEPARATE HEARING ON EACH RULE . RULES MAY BE GROUPED FOR THE 14 | |
1213 | + | CONVENIENCE OF THE COMMISSION AT HEARING S REQUIRED BY THIS S ECTION. 15 | |
1362 | 1214 | ||
1363 | - | (3) NO PERSON OTHER THAN A MEMBER STATE SHALL ENFORCE THIS | |
1364 | - | COMPACT AGAINST THE COMMISSION. | |
1215 | + | (K) THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL MEMBERS , TAKE 16 | |
1216 | + | FINAL ACTION ON THE PROPOSED RULE BASED ON THE RULEMAKING RE CORD AND 17 | |
1217 | + | THE FULL TEXT OF THE RULE. 18 | |
1365 | 1218 | ||
1366 | - | SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. | |
1219 | + | (1) THE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED RULE 19 | |
1220 | + | PROVIDED THE CHANGES DO NOT ENLARGE THE O RIGINAL PURPOSE OF T HE 20 | |
1221 | + | PROPOSED RULE . 21 | |
1367 | 1222 | ||
1368 | - | (A) THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE | |
1369 | - | COMPACT STATUTE IS EN ACTED INTO LAW I N THE SEVENTH MEMBER STATE. | |
1223 | + | (2) THE COMMISSION SHALL PROV IDE AN EXPLANATION O F THE 22 | |
1224 | + | REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS 23 | |
1225 | + | REASONS FOR SUB STANTIVE CHANGES NOT MADE THAT WERE RECOM MENDED BY 24 | |
1226 | + | COMMENTERS . 25 | |
1370 | 1227 | ||
1371 | - | (1) ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE | |
1372 | - | COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE | |
1373 | - | FIRST SEVEN MEMBER S TATES (“CHARTER MEMBER STATE S”) TO DETERMINE IF | |
1374 | - | THE STATUTE ENACTED BY EACH SUCH CHARTER MEMBER STATE IS MATERIALLY | |
1375 | - | DIFFERENT THAN THE M ODEL COMPACT STATUTE . | |
1228 | + | (3) THE COMMISSION SHALL DETE RMINE A REASONABLE E FFECTIVE 26 | |
1229 | + | DATE FOR THE RULE . EXCEPT FOR AN EMERGEN CY AS PROVIDED IN SECTION 12(L), 27 | |
1230 | + | THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOONER THAN 30 DAYS AFTER 28 | |
1231 | + | ISSUING THE NOTICE T HAT IT ADOPTED OR AM ENDED THE RULE . 29 | |
1376 | 1232 | ||
1377 | - | (I) A CHARTER MEMBER STATE WHOSE ENACTMENT IS F OUND | |
1378 | - | TO BE MATERIALLY DIF FERENT FROM THE MODE L COMPACT STATUTE SHALL BE | |
1379 | - | ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN SECTION 13. | |
1233 | + | (L) UPON DETERMINATION TH AT AN EMERGENCY EXIS TS, THE 30 | |
1234 | + | COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITH 48 HOURS’ 31 | |
1235 | + | NOTICE, WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL 32 | |
1236 | + | RULEMAK ING PROCEDURES PROVI DED IN THE COMPACT AND IN THIS S ECTION 33 28 SENATE BILL 174 | |
1380 | 1237 | ||
1381 | - | (II) IF ANY MEMBER STATE I S LATER FOUND TO BE IN DEFAULT, | |
1382 | - | OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL | |
1383 | - | REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E | |
1384 | - | NUMBER OF MEMBER STA TES SHOULD BE LESS T HAN SEVEN. | |
1385 | 1238 | ||
1386 | - | (2) MEMBER STATES ENACTIN G THE COMPACT SUBSEQUENT TO THE | |
1387 | - | SEVEN INITIAL CHARTE R MEMBER STATES SHAL L BE SUBJECT TO THE PROCESS SET | |
1388 | - | FORTH IN SECTION 10(C)(21) TO DETERMINE IF THEI R ENACTMENTS ARE | |
1389 | - | MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE AND W HETHER | |
1390 | - | THEY QUALIFY FOR PAR TICIPATION IN THE COMPACT. | |
1239 | + | SHALL BE RETROACTIVE LY APPLIED TO THE RU LE AS SOON AS REASON ABLY 1 | |
1240 | + | POSSIBLE, IN NO EVENT LATER TH AN 90 DAYS AFTER THE EFFEC TIVE DATE OF THE 2 | |
1241 | + | RULE. FOR THE PURPOSES OF T HIS PROVISION, AN EMERGENCY RULE IS ONE THAT 3 | |
1242 | + | MUST BE ADOPTED IMME DIATELY IN ORDER TO : 4 | |
1391 | 1243 | ||
1392 | - | (3) ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR | |
1393 | - | IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT | |
1394 | - | PRIOR TO THE EFFECTI VE DATE OF THE COMPACT OR THE COMMISSION COMING | |
1395 | - | INTO EXISTENCE SHALL BE C ONSIDERED TO BE ACTI ONS OF THE COMMISSION | |
1396 | - | UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. | |
1244 | + | (1) MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 5 | |
1245 | + | WELFARE; 6 | |
1397 | 1246 | ||
1398 | - | (4) ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO THE | |
1399 | - | COMMISSION’S INITIAL ADOPTION O F THE RULES AND BYLAWS SHALL BE SUBJECT | |
1400 | - | TO THE RULES AN D BYLAWS AS THEY EXI ST ON THE DATE ON WH ICH THE COMPACT | |
1401 | - | BECOMES LAW IN THAT STATE. ANY RULE THAT HAS BEE N PREVIOUSLY ADOPTED BY Ch. 10 2025 LAWS OF MARYLAND | |
1247 | + | (2) PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 7 | |
1402 | 1248 | ||
1403 | - | – 32 – | |
1404 | - | THE COMMISSION SHALL HAVE THE FULL FORCE AND E FFECT OF LAW ON THE DAY | |
1405 | - | THE COMPACT BECOMES LAW I N THAT STATE. | |
1249 | + | (3) MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS 8 | |
1250 | + | ESTABLISHED BY FEDERAL LAW OR RU LE; OR 9 | |
1406 | 1251 | ||
1407 | - | (B) ANY MEMBER ST ATE MAY WITHDRAW FRO M THE COMPACT BY | |
1408 | - | ENACTING A STATUTE R EPEALING THE SAME . | |
1252 | + | (4) PROTECT PUBLIC HEALTH AND SAFETY. 10 | |
1409 | 1253 | ||
1410 | - | (1) A MEMBER STATE ’S WITHDRAWAL SHALL N OT TAKE EFFECT | |
1411 | - | UNTIL 180 DAYS AFTER ENACTMENT OF THE REPEALING STA TUTE. | |
1254 | + | (M) THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE 11 | |
1255 | + | COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE F OR 12 | |
1256 | + | PURPOSES OF CORRECTI NG TYPOGRAPHICAL ERR ORS, ERRORS IN FORMAT , 13 | |
1257 | + | ERRORS IN CONSISTENCY , OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY 14 | |
1258 | + | REVISIONS SHALL BE P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION 15 | |
1259 | + | SHALL BE SUBJECT TO CHALLENGE BY ANY PER SON FOR A PERIOD OF 30 DAYS 16 | |
1260 | + | AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GROUNDS THAT THE 17 | |
1261 | + | REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE 18 | |
1262 | + | MADE IN WRITING AND DELIVERED TO THE COMMISSION PRIOR TO T HE END OF THE 19 | |
1263 | + | NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TA KE EFFECT 20 | |
1264 | + | WITHOUT FURTHER ACTI ON. IF THE REVISION IS CHAL LENGED, THE REVISION MAY 21 | |
1265 | + | NOT TAKE EFFECT WITH OUT THE APPROVAL OF THE COMMISSION. 22 | |
1412 | 1266 | ||
1413 | - | (2) WITHDRAWAL SHALL NOT AFFECT THE CONTINUIN G | |
1414 | - | REQUIREMENT OF T HE WITHDRAWING STATE ’S LICENSING AUTHORIT Y TO COMPLY | |
1415 | - | WITH THE INVESTIGATI VE AND ADVERSE ACTIO N REPORTING REQUIREM ENTS OF | |
1416 | - | THIS ACT PRIOR TO TH E EFFECTIVE DATE OF WITHDRAWAL . | |
1267 | + | (N) NO MEMBER STATE ’S RULEMAKING REQUIRE MENTS SHALL APPLY 23 | |
1268 | + | UNDER THIS COMPACT. 24 | |
1417 | 1269 | ||
1418 | - | (3) UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM THIS | |
1419 | - | COMPACT, A STATE SHALL IMMEDIATELY PROVIDE NOTICE OF SUCH WITHD RAWAL | |
1420 | - | TO ALL LICENSEES WIT HIN THAT STATE . NOTWITHSTANDING ANY S UBSEQUENT | |
1421 | - | STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STA TE SHALL | |
1422 | - | CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT | |
1423 | - | FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF SUCH NOTICE OF WI THDRAWAL. | |
1270 | + | SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND 25 | |
1271 | + | ENFORCEMENT. 26 | |
1424 | 1272 | ||
1425 | - | (C) NOTHING CONTAINED IN THIS COMPACT SHALL BE CONS TRUED TO | |
1426 | - | INVALIDATE OR PREVEN T ANY SOCIAL WORK LI CENSURE AGREEMENT OR OTHER | |
1427 | - | COOPERATIVE ARRANGEM ENT BETWEEN A MEMBER STATE AND A NON –MEMBER | |
1428 | - | STATE THAT DOES NOT CONFLICT WITH THE PR OVISIONS OF THIS COMPACT. | |
1273 | + | (A) (1) THE EXECUTIVE AND JUDICI AL BRANCHES OF STATE 27 | |
1274 | + | GOVERNMENT IN EACH M EMBER STATE SHALL EN FORCE THIS COMPACT AND TAKE 28 | |
1275 | + | ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT. 29 | |
1429 | 1276 | ||
1430 | - | (D) THIS COMPACT MAY BE AMENDE D BY THE MEMBER STAT ES. NO | |
1431 | - | AMENDMENT TO THE COMPACT SHALL BECOME EFFECTIVE AND BINDIN G UPON ANY | |
1432 | - | MEMBER STATE UNTIL I T IS ENACTED INTO TH E LAWS OF ALL MEMBER STATES. | |
1277 | + | (2) EXCEPT AS OTHERWISE P ROVIDED IN THIS COMPACT, VENUE IS 30 | |
1278 | + | PROPER AND JUDICIAL PROCEEDINGS BY OR AG AINST THE COMMISSION SHALL BE 31 | |
1279 | + | BROUGHT SOLELY AND E XCLUSIVELY IN A COUR T OF COMPETENT JURIS DICTION 32 | |
1280 | + | WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED . THE 33 | |
1281 | + | COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES TO THE EXTENT 34 | |
1282 | + | IT ADOPTS OR CONSENTS TO PAR TICIPATE IN ALTERNAT IVE DISPUTE RESOLUTI ON 35 SENATE BILL 174 29 | |
1433 | 1283 | ||
1434 | - | SECTION 15. CONSTRUCTION AND SEVERABILITY. | |
1435 | 1284 | ||
1436 | - | (A) THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY | |
1437 | - | SHALL BE LIBERALLY C ONSTRUED SO AS TO EF FECTUATE THE PURPOSE S, AND THE | |
1438 | - | IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE | |
1439 | - | COMPACT EXPRESSLY AUTHORI ZING OR REQUIRING TH E PROMULGATION OF RU LES | |
1440 | - | SHALL NOT BE CONSTRU ED TO LIMIT THE COMMISSION’S RULEMAKING AUTHORI TY | |
1441 | - | SOLELY FOR THOSE PUR POSES. | |
1285 | + | PROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMIT THE SELECTION OR 1 | |
1286 | + | PROPRIETY OF VENUE I N ANY ACTION AGAINST A LICENSEE FOR PROFE SSIONAL 2 | |
1287 | + | MALPRACTICE , MISCONDUCT OR ANY SU CH SIMILAR MATTER . 3 | |
1442 | 1288 | ||
1443 | - | (B) THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY | |
1444 | - | PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS HELD BY A COURT | |
1445 | - | OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY | |
1446 | - | MEMBER STATE , A STATE SEEKING PART ICIPATION IN THE COMPACT, OR OF THE WES MOORE, Governor Ch. 10 | |
1289 | + | (3) THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 4 | |
1290 | + | PROCESS IN ANY SUCH PROCEEDING REGARDING THE ENFORCEMENT OR 5 | |
1291 | + | INTERPRETATION OF TH E COMPACT, AND SHALL HAVE STAND ING TO INTERVENE IN 6 | |
1292 | + | SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE TH E COMMISSION 7 | |
1293 | + | SERVICE OF PROCESS R ENDERS A JUDGMENT OR ORDER VOID AS TO THE 8 | |
1294 | + | COMMISSION, THE COMPACT, OR PROMULGATED RULES . 9 | |
1447 | 1295 | ||
1448 | - | – 33 – | |
1449 | - | UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVER NMENT, AGENCY, | |
1450 | - | PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONS TITUTIONAL BY A COUR T OF | |
1451 | - | COMPETENT JURISDICTI ON, THE VALIDITY OF THE REMAINDER OF THE COMPACT | |
1452 | - | AND THE APPLICABILIT Y THEREOF TO ANY GOV ERNMENT, AGENCY, PERSON, OR | |
1453 | - | CIRCUMSTANCE SHALL N OT BE AFFECTED THERE BY. | |
1296 | + | (B) (1) IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 10 | |
1297 | + | DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES 11 | |
1298 | + | UNDER THIS COMPACT OR THE PROMULGA TED RULES, THE COMMISSION SHALL 12 | |
1299 | + | PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 13 | |
1300 | + | SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT , 14 | |
1301 | + | AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFF ER 15 | |
1302 | + | TRAINING AND SPECIFI C TECHNICAL ASSISTAN CE REGARDING THE DEF AULT. 16 | |
1454 | 1303 | ||
1455 | - | (C) NOTWITHSTANDING SUBSE CTION (B) OF THIS SECTION , THE | |
1456 | - | COMMISSION MAY DENY A STATE’S PARTICIPATION IN T HE COMPACT OR , IN | |
1457 | - | ACCORDANCE WITH THE REQUIREMENTS OF SECTION 13(B), TERMINATE A MEMBER | |
1458 | - | STATE’S PARTICIPATION IN T HE COMPACT, IF IT DETERMINES THA T A | |
1459 | - | CONSTITUTIONAL REQUIREMENT OF A MEMBER STATE IS A MATERIAL DEPARTURE | |
1460 | - | FROM THE COMPACT. OTHERWISE, IF THIS COMPACT SHALL BE HELD TO BE | |
1461 | - | CONTRARY TO THE CONS TITUTION OF ANY MEMB ER STATE, THE COMPACT SHALL | |
1462 | - | REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER S TATES AND | |
1463 | - | IN FULL FORCE AND EF FECT AS TO THE MEMBE R STATE AFFECTED AS TO ALL | |
1464 | - | SEVERABLE MATTERS . | |
1304 | + | (2) THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF 17 | |
1305 | + | DEFAULT TO THE OTHER MEMBER STATES . 18 | |
1465 | 1306 | ||
1466 | - | SECTION 16. BINDING EFFECT OF COMPACT AND OTHER LAWS. | |
1307 | + | (C) IF A STATE IN DEFAULT FAILS TO CURE THE DE FAULT, THE DEFAULTING 19 | |
1308 | + | STATE MAY BE TERMINA TED FROM THE COMPACT UPON AN AFFIR MATIVE VOTE OF 20 | |
1309 | + | A MAJORITY OF THE DE LEGATES OF THE MEMBE R STATES, AND ALL RIGHTS , 21 | |
1310 | + | PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS COMPACT MAY BE 22 | |
1311 | + | TERMINATED ON THE EF FECTIVE DATE OF TERM INATION. A CURE OF THE DEFAULT 23 | |
1312 | + | DOES NOT RELIEVE THE OFFENDING STATE OF O BLIGATIONS OR LIABIL ITIES 24 | |
1313 | + | INCURRED DURING THE PERIOD OF DEFAULT . 25 | |
1467 | 1314 | ||
1468 | - | (A) A LICENSEE PROVIDING S ERVICES IN A REMOTE STATE UNDER A | |
1469 | - | MULTISTATE AUTHORIZA TION TO PRACTICE SHA LL ADHERE TO THE LAWS A ND | |
1470 | - | REGULATIONS , INCLUDING LAWS , REGULATIONS , AND APPLICABLE STAND ARDS, OF | |
1471 | - | THE REMOTE STATE WHE RE THE CLIENT IS LOC ATED AT THE TIME CAR E IS | |
1472 | - | RENDERED. | |
1315 | + | (D) TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE IMPO SED 26 | |
1316 | + | ONLY AFTER ALL OTHER MEANS OF SECURING CO MPLIANCE HAVE BEEN 27 | |
1317 | + | EXHAUSTED. NOTICE OF INTEN T TO SUSPEND OR TERM INATE SHALL BE GIVEN BY 28 | |
1318 | + | THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 29 | |
1319 | + | THE DEFAULTING STATE ’S LEGISLATURE , THE DEFAULTING STATE ’S STATE 30 | |
1320 | + | LICENSING AUTHORITY , AND EACH OF THE MEMB ER STATES’ LICENSING 31 | |
1321 | + | AUTHORITY. 32 | |
1473 | 1322 | ||
1474 | - | (B) NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF | |
1475 | - | ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT WIT H THE | |
1476 | - | COMPACT. | |
1323 | + | (E) A STATE THAT HAS BEEN TERMINATED IS RESPON SIBLE FOR ALL 33 | |
1324 | + | ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 34 | |
1325 | + | EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 35 | |
1326 | + | BEYOND THE EFFECTIVE DATE OF TERMINATION . 36 | |
1327 | + | 30 SENATE BILL 174 | |
1477 | 1328 | ||
1478 | - | (C) ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL | |
1479 | - | REQUIREMENTS IN A ME MBER STATE IN CONFLI CT WITH THE COMPACT ARE | |
1480 | - | SUPERSEDED TO THE EX TENT OF THE CONFLICT . | |
1481 | 1329 | ||
1482 | - | (D) ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE | |
1483 | - | MEMBER STATES ARE BI NDING IN ACCORDANCE WITH THEIR TERMS . | |
1330 | + | (F) UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS 1 | |
1331 | + | COMPACT, THAT STATE SHALL IMM EDIATELY PROVIDE NOT ICE TO ALL LICENSEES 2 | |
1332 | + | WITHIN THAT STATE OF SUCH TERMINATION . THE TERMINATED STATE SHALL 3 | |
1333 | + | CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT 4 | |
1334 | + | FOR A MINIMUM OF SIX MONTHS AFTER THE DAT E OF SAID NOTICE OF TERMINATION . 5 | |
1484 | 1335 | ||
1485 | - | | |
1486 | - | ||
1487 | - | ||
1488 | - | ||
1336 | + | (G) THE COMMISSION MAY NOT BE AR ANY COSTS RELATED TO A STATE 6 | |
1337 | + | THAT IS FOUND TO BE IN DEFAULT OR THAT H AS BEEN TERMINATED F ROM THE 7 | |
1338 | + | COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND THE 8 | |
1339 | + | DEFAULTING STATE . 9 | |
1489 | 1340 | ||
1490 | - | SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this | |
1491 | - | Act, this Act shall take effect October 1, 2025. | |
1492 | - | Ch. 10 2025 LAWS OF MARYLAND | |
1341 | + | (H) THE DEFAULTING STATE MAY APPEAL THE ACTIO N OF THE COMMISSION 10 | |
1342 | + | BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR 11 | |
1343 | + | THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PR INCIPAL OFFICES . 12 | |
1344 | + | THE PREVAILING PARTY SHALL BE AW ARDED ALL COSTS OF S UCH LITIGATION , 13 | |
1345 | + | INCLUDING REASONABLE ATTORNEY’S FEES. 14 | |
1493 | 1346 | ||
1494 | - | – 34 – | |
1495 | - | Approved by the Governor, April 8, 2025. | |
1347 | + | (I) (1) UPON REQUEST BY A MEM BER STATE, THE COMMISSION SHALL 15 | |
1348 | + | ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG 16 | |
1349 | + | MEMBER STATES AND BE TWEEN MEMBER AND NON –MEMBER STA TES. 17 | |
1350 | + | ||
1351 | + | (2) THE COMMISSION SHALL PROM ULGATE A RULE PROVID ING FOR 18 | |
1352 | + | BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S 19 | |
1353 | + | APPROPRIATE . 20 | |
1354 | + | ||
1355 | + | (J) (1) BY MAJORITY VOTE AS P ROVIDED BY RULE , THE COMMISSION 21 | |
1356 | + | MAY INITIATE LEGAL A CTION AGAINST A MEMB ER STATE IN D EFAULT IN THE 22 | |
1357 | + | UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE 23 | |
1358 | + | FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 24 | |
1359 | + | ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 25 | |
1360 | + | PROMULGATED RULES . THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE 26 | |
1361 | + | RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 27 | |
1362 | + | PREVAILING MEMBER SH ALL BE AWARDED ALL C OSTS OF SUCH LITIGAT ION, 28 | |
1363 | + | INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN S HALL NOT BE 29 | |
1364 | + | THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE 30 | |
1365 | + | ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAULTING MEMBER 31 | |
1366 | + | STATE’S LAW. 32 | |
1367 | + | ||
1368 | + | (2) A MEMBER STATE MAY INI TIATE LEGAL ACTION A GAINST THE 33 | |
1369 | + | COMMISSION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR 34 | |
1370 | + | THE FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 35 | |
1371 | + | ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 36 | |
1372 | + | PROMULGATED RULES . THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 37 | |
1373 | + | RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 38 SENATE BILL 174 31 | |
1374 | + | ||
1375 | + | ||
1376 | + | PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATI ON, 1 | |
1377 | + | INCLUDING REASONABLE ATTORNEY’S FEES. 2 | |
1378 | + | ||
1379 | + | (3) NO PERSON OTHER THAN A MEMBER STATE SHALL ENFORCE THIS 3 | |
1380 | + | COMPACT AGAINST THE COMMISSION. 4 | |
1381 | + | ||
1382 | + | SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 5 | |
1383 | + | ||
1384 | + | (A) THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE 6 | |
1385 | + | COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STA TE. 7 | |
1386 | + | ||
1387 | + | (1) ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE 8 | |
1388 | + | COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 9 | |
1389 | + | FIRST SEVEN MEMBER S TATES (“CHARTER MEMBER STATE S”) TO DETERMINE IF 10 | |
1390 | + | THE STATUTE ENACTED BY EACH SUCH CHARTER MEMBER STATE IS MATE RIALLY 11 | |
1391 | + | DIFFERENT THAN THE M ODEL COMPACT STATUTE . 12 | |
1392 | + | ||
1393 | + | (I) A CHARTER MEMBER STATE WHOSE ENACTMENT IS F OUND 13 | |
1394 | + | TO BE MATERIALLY DIFFERENT FROM THE M ODEL COMPACT STATUTE SHALL BE 14 | |
1395 | + | ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN SECTION 13. 15 | |
1396 | + | ||
1397 | + | (II) IF ANY MEMBER STATE I S LATER FOUND TO BE IN DEFAULT, 16 | |
1398 | + | OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL 17 | |
1399 | + | REMAIN IN EXISTENC E AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E 18 | |
1400 | + | NUMBER OF MEMBER STA TES SHOULD BE LESS T HAN SEVEN. 19 | |
1401 | + | ||
1402 | + | (2) MEMBER STATES ENACTIN G THE COMPACT SUBSEQUENT TO THE 20 | |
1403 | + | SEVEN INITIAL CHARTE R MEMBER STATES SHAL L BE SUBJECT TO THE PROCESS SET 21 | |
1404 | + | FORTH IN SECTION 10(C)(21) TO DETERMINE IF THEI R ENACTMENTS ARE 22 | |
1405 | + | MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE AND W HETHER 23 | |
1406 | + | THEY QUALIFY FOR PAR TICIPATION IN THE COMPACT. 24 | |
1407 | + | ||
1408 | + | (3) ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 25 | |
1409 | + | IN FURTHERANCE OF TH E PURPOSES OF THE A DMINISTRATION OF THE COMPACT 26 | |
1410 | + | PRIOR TO THE EFFECTI VE DATE OF THE COMPACT OR THE COMMISSION COMING 27 | |
1411 | + | INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION 28 | |
1412 | + | UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 29 | |
1413 | + | ||
1414 | + | (4) ANY STATE THAT JOINS THE COMPACT SU BSEQUENT TO THE 30 | |
1415 | + | COMMISSION’S INITIAL ADOPTION O F THE RULES AND BYLAWS SHALL BE SUBJECT 31 | |
1416 | + | TO THE RULES AND BYL AWS AS THEY EXIST ON THE DATE ON WHICH TH E COMPACT 32 | |
1417 | + | BECOMES LAW IN THAT STATE. ANY RULE THAT HAS BEE N PREVIOUSLY ADOPTED BY 33 | |
1418 | + | THE COMMISSION SHALL HAVE THE FULL FORCE AND E FFECT OF LAW ON THE DAY 34 | |
1419 | + | THE COMPACT BECOMES LAW I N THAT STATE. 35 32 SENATE BILL 174 | |
1420 | + | ||
1421 | + | ||
1422 | + | ||
1423 | + | (B) ANY MEMBER STATE MAY WITHDRAW FROM THE COMPACT BY 1 | |
1424 | + | ENACTING A STATUTE R EPEALING THE SAME . 2 | |
1425 | + | ||
1426 | + | (1) A MEMBER STATE ’S WITHDRAWAL SHALL N OT TAKE EFFECT 3 | |
1427 | + | UNTIL 180 DAYS AFTER ENACTMENT OF THE REP EALING STATUTE . 4 | |
1428 | + | ||
1429 | + | (2) WITHDRAWAL SHALL NOT AFFECT THE CONTINUIN G 5 | |
1430 | + | REQUIREMENT OF THE W ITHDRAWING STATE ’S LICENSING AUTHORIT Y TO COMPLY 6 | |
1431 | + | WITH THE INVESTIGATI VE AND ADVERSE ACTIO N REPORTING REQUIREM ENTS OF 7 | |
1432 | + | THIS ACT PRIOR TO TH E EFFECTIVE D ATE OF WITHDRAWAL . 8 | |
1433 | + | ||
1434 | + | (3) UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM THIS 9 | |
1435 | + | COMPACT, A STATE SHALL IMMEDI ATELY PROVIDE NOTICE OF SUCH WITHDRAWAL 10 | |
1436 | + | TO ALL LICENSEES WIT HIN THAT STATE . NOTWITHSTANDING ANY S UBSEQUENT 11 | |
1437 | + | STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STA TE SHALL 12 | |
1438 | + | CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT 13 | |
1439 | + | FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF SUCH NOTICE OF WI THDRAWAL. 14 | |
1440 | + | ||
1441 | + | (C) NOTHING CONTAINED IN THIS COMPACT SHALL BE CONS TRUED TO 15 | |
1442 | + | INVALIDATE OR PREVEN T ANY SOCIAL WORK LICENSUR E AGREEMENT OR OTHER 16 | |
1443 | + | COOPERATIVE ARRANGEM ENT BETWEEN A MEMBER STATE AND A NON –MEMBER 17 | |
1444 | + | STATE THAT DOES NOT CONFLICT WITH THE PR OVISIONS OF THIS COMPACT. 18 | |
1445 | + | ||
1446 | + | (D) THIS COMPACT MAY BE AMENDE D BY THE MEMBER STAT ES. NO 19 | |
1447 | + | AMENDMENT TO THE COMPACT SHALL BECOME EFFECTIV E AND BINDING UPON A NY 20 | |
1448 | + | MEMBER STATE UNTIL I T IS ENACTED INTO TH E LAWS OF ALL MEMBER STATES. 21 | |
1449 | + | ||
1450 | + | SECTION 15. CONSTRUCTION AND SEVERABILITY. 22 | |
1451 | + | ||
1452 | + | (A) THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 23 | |
1453 | + | SHALL BE LIBERALLY C ONSTRUED SO AS TO E FFECTUATE THE PURPOS ES, AND THE 24 | |
1454 | + | IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 25 | |
1455 | + | COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F RULES 26 | |
1456 | + | SHALL NOT BE CONSTRU ED TO LIMIT THE COMMISSION’S RULEMAKING AUTHORI TY 27 | |
1457 | + | SOLELY FOR THOSE PURPOSES. 28 | |
1458 | + | ||
1459 | + | (B) THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY 29 | |
1460 | + | PHRASE, CLAUSE, SENTENCE OR PROVISIO N OF THIS COMPACT IS HELD BY A COURT 30 | |
1461 | + | OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY 31 | |
1462 | + | MEMBER STATE , A STATE SEEKING PART ICIPATION IN THE COMPACT, OR OF THE 32 | |
1463 | + | UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVER NMENT, AGENCY, 33 | |
1464 | + | PERSON OR CIRCUMSTAN CE IS HELD TO BE UNC ONSTITUTIONAL BY A C OURT OF 34 | |
1465 | + | COMPETENT JURISDICTI ON, THE VALIDITY OF THE REMAINDER OF THE COMPACT 35 SENATE BILL 174 33 | |
1466 | + | ||
1467 | + | ||
1468 | + | AND THE APPLICAB ILITY THEREOF TO ANY GOVERNMENT , AGENCY, PERSON, OR 1 | |
1469 | + | CIRCUMSTANCE SHALL N OT BE AFFECTED THERE BY. 2 | |
1470 | + | ||
1471 | + | (C) NOTWITHSTANDING SUBSE CTION (B) OF THIS SECTION , THE 3 | |
1472 | + | COMMISSION MAY DENY A STATE’S PARTICIPATION IN T HE COMPACT OR , IN 4 | |
1473 | + | ACCORDANCE WITH THE REQUIREMENTS OF SECTION 13(B), TERMINATE A MEMBER 5 | |
1474 | + | STATE’S PARTICIPATION IN T HE COMPACT, IF IT DETERMINES THA T A 6 | |
1475 | + | CONSTITUTIONAL REQUI REMENT OF A MEMBER S TATE IS A MATERIAL D EPARTURE 7 | |
1476 | + | FROM THE COMPACT. OTHERWISE, IF THIS COMPACT SHALL BE HELD TO BE 8 | |
1477 | + | CONTRARY TO THE CONS TITUTION OF ANY MEMBER STA TE, THE COMPACT SHALL 9 | |
1478 | + | REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STA TES AND 10 | |
1479 | + | IN FULL FORCE AND EF FECT AS TO THE MEMBE R STATE AFFECTED AS TO ALL 11 | |
1480 | + | SEVERABLE MATTERS . 12 | |
1481 | + | ||
1482 | + | SECTION 16. BINDING EFFECT OF COMPACT AND OTHER LAWS. 13 | |
1483 | + | ||
1484 | + | (A) A LICENSEE PROVIDING S ERVICES IN A REMOTE STATE UNDER A 14 | |
1485 | + | MULTISTATE AUTHORIZA TION TO PRACTICE SHA LL ADHERE TO THE LAW S AND 15 | |
1486 | + | REGULATIONS , INCLUDING LAWS , REGULATIONS , AND APPLICABLE STAND ARDS, OF 16 | |
1487 | + | THE REMOTE STATE WHE RE THE CLIENT IS LOC ATED AT THE TIME CA RE IS 17 | |
1488 | + | RENDERED. 18 | |
1489 | + | ||
1490 | + | (B) NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF 19 | |
1491 | + | ANY OTHER LAW OF A M EMBER STATE THAT IS NOT INCONSISTENT WIT H THE 20 | |
1492 | + | COMPACT. 21 | |
1493 | + | ||
1494 | + | (C) ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 22 | |
1495 | + | REQUIREMENTS IN A ME MBER STATE IN CONFLI CT WITH THE COMPACT ARE 23 | |
1496 | + | SUPERSEDED TO THE EX TENT OF THE CONFLICT . 24 | |
1497 | + | ||
1498 | + | (D) ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 25 | |
1499 | + | MEMBER STATES ARE BI NDING IN ACCORDANCE WITH THEIR TERMS . 26 | |
1500 | + | ||
1501 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 27 | |
1502 | + | enacting of substantially similar legislation in six other states. The Maryland Department 28 | |
1503 | + | of Health shall notify the Department of Legislative Services within 10 days after six states 29 | |
1504 | + | have enacted legislation that is substantially similar to this Act. 30 | |
1505 | + | ||
1506 | + | SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 31 | |
1507 | + | Act, this Act shall take effect October 1, 2025. 32 |