EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 670
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR ARTHUR.
2635S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 337.615, 337.644, and 337.665, RSMo, and to enact in lieu thereof four new
sections relating to social workers.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 337.615, 337.644, and 337.665, RSMo, 1
are repealed and four new sections enacted in lieu thereof, to 2
be known as sections 337.615, 337.644, 337.6 51, and 337.665, to 3
read as follows:4
337.615. 1. As used in this section, the following 1
terms mean: 2
(1) "License", a license, certificate, registration, 3
permit, accreditation, or military occupational specialty 4
that enables a person to leg ally practice an occupation or 5
profession in a particular jurisdiction; 6
(2) "Military", the Armed Forces of the United States 7
including the Air Force, Army, Coast Guard, Marine Corps, 8
Navy, Space Force, National Guard, and any other military 9
branch that is designated by Congress as part of the Armed 10
Forces of the United States, and all reserve components and 11
auxiliaries. Such term also includes the military reserves 12
and militia of any United States territory or state; 13
(3) "Nonresident military spouse", a nonresident 14
spouse of an active duty member of the Armed Forces of the 15
United States who has been transferred or is scheduled to be 16
transferred to the state of Missouri, or who has been 17 SB 670 2
transferred or is scheduled to be transferred to an adjacent 18
state and is or will be domiciled in the state of Missouri, 19
or has moved to the state of Missouri on a permanent change - 20
of-station basis; 21
(4) "Resident military spouse", a spouse of an active 22
duty member of the Armed Forces of the Un ited States who has 23
been transferred or is scheduled to be transferred to the 24
state of Missouri or an adjacent state and who is a 25
permanent resident of the state of Missouri, who is 26
domiciled in the state of Missouri, or who has Missouri as 27
his or her home of record. 28
2. Each applicant for licensure as a clinical social 29
worker shall furnish evidence to the committee that: 30
(1) The applicant has a master's degree from a college 31
or university program of social work accredited by the 32
council of social work education or a doctorate degree from 33
a school of social work acceptable to the committee; 34
(2) The applicant has completed at least three 35
thousand hours of supervised clinical experience with a 36
qualified clinical supervisor, as defin ed in section 37
337.600, in no less than twenty -four months and no more than 38
forty-eight consecutive calendar months. For any applicant 39
who has successfully completed at least four thousand hours 40
of supervised clinical experience with a qualified clinic al 41
supervisor, as defined in section 337.600, within the same 42
time frame prescribed in this subsection, the applicant 43
shall be eligible for application of licensure at three 44
thousand hours and shall be furnished a certificate by the 45
state committee for social workers acknowledging the 46
completion of said additional hours; 47
(3) The applicant has achieved a passing score, as 48
defined by the committee, on an examination approved by the 49 SB 670 3
committee. The eligibility requirements for such 50
examination shall be promulgated by rule of the committee; 51
(4) The applicant is at least eighteen years of age, 52
is a United States citizen or has status as a legal resident 53
alien, and has not been finally adjudicated and found 54
guilty, or entered a plea of guil ty or nolo contendere, in a 55
criminal prosecution under the laws of any state, of the 56
United States, or of any country, for any offense directly 57
related to the duties and responsibilities of the 58
occupation, as set forth in section 324.012, regardless of 59
whether or not sentence has been imposed. 60
[2. Any person holding a current license, certificate 61
of registration, or permit from another state or territory 62
of the United States or the District of Columbia to practice 63
clinical social work who does not meet the requirements of 64
section 324.009 and who has had no disciplinary action taken 65
against the license, certificate of registration, or permit 66
for the preceding five years may be granted a license to 67
practice clinical social work in this state if the person 68
has received a masters or doctoral degree from a college or 69
university program of social work accredited by the council 70
of social work education and has been licensed to practice 71
clinical social work for the preceding five years. ] 72
3. (1) Any person who holds a valid current clinical 73
social work license issued by another state, a branch or 74
unit of the military, a territory of the United States, or 75
the District of Columbia, and who has been licensed for at 76
least one year in such o ther jurisdiction, may submit an 77
application for a clinical social work license in Missouri 78
along with proof of current licensure and proof of licensure 79
for at least one year in the other jurisdiction to the 80
committee. 81 SB 670 4
(2) The committee shall: 82
(a) Within six months of receiving an application 83
described in subsection 2 of this section, waive any 84
examination, educational, or experience requirements for 85
licensure in this state for the applicant if it determines 86
that there were minimum educa tion requirements and, if 87
applicable, work experience and clinical supervision 88
requirements in effect and the other state verifies that the 89
person met those requirements in order to be licensed or 90
certified in that state. The committee may require an 91
applicant to take and pass an examination specific to the 92
laws of this state; or 93
(b) Within thirty days of receiving an application 94
described in subsection 2 of this section from a nonresident 95
military spouse or a resident military spouse, waive any 96
examination, educational, or experience requirements for 97
licensure in this state for the applicant and issue such 98
applicant a license under this subsection if such applicant 99
otherwise meets the requirements of this section. 100
(3) (a) The committee shall not waive any 101
examination, educational, or experience requirements for any 102
applicant who has had his or her license revoked by a 103
committee outside the state; who is currently under 104
investigation, who has a complaint pending, or who is 105
currently under disciplinary action, except as provided in 106
paragraph (b) of this subdivision, with a licensing 107
authority outside the state; who does not hold a license in 108
good standing with a licensing authority outside the state; 109
who has a criminal record that would disqualify him or her 110
for licensure in Missouri; or who does not hold a valid 111
current license in the other jurisdiction on the date the 112
committee receives his or her application under this section. 113 SB 670 5
(b) If another jurisdiction has taken disciplinary 114
action against an applicant, the committee shall determine 115
if the cause for the action was corrected and the matter 116
resolved. If the matter has not been resolved by that 117
jurisdiction, the committee may deny a license until the 118
matter is resolved. 119
(4) Nothing in this subsection shall prohibit the 120
committee from denying a license to an applicant under this 121
subsection for any reason described in section 337.630. 122
(5) Any person who is licensed under the provisions of 123
this subsection shall be subject to the committee's 124
jurisdiction and all rules and regulations pertaining to the 125
practice as a licensed clinical social worker in this state. 126
(6) This subsection shall not be construed to waive 127
any requirement for an applican t to pay any fees. 128
4. The committee shall issue a license to each person 129
who files an application and fee as required by the 130
provisions of sections 337.600 to 337.689 and who furnishes 131
evidence satisfactory to the committee that the applicant 132
has complied with the provisions of subdivisions (1) to (4) 133
of subsection 1 of this section or with the provisions of 134
subsection 2 of this section. 135
337.644. 1. As used in this section, the following 1
terms mean: 2
(1) "License", a license, certificate, registration, 3
permit, accreditation, or military occupational specialty 4
that enables a person to legally practice an occupation or 5
profession in a particular jurisdiction; 6
(2) "Military", the Armed Forces of the United States 7
including the Air Force, Army, Coast Guard, Marine Corps, 8
Navy, Space Force, National Guard, and any other military 9
branch that is designated by Congress as part of the Armed 10 SB 670 6
Forces of the United States, and all reserve components and 11
auxiliaries. Such term also includes the military reserves 12
and militia of any United States territory or state; 13
(3) "Nonresident military spouse", a nonresident 14
spouse of an active duty member of the Armed Forces of the 15
United States who has been transferred or is scheduled to be 16
transferred to the state of Missouri, or who has been 17
transferred or is scheduled to be transferred to an adjacent 18
state and is or will be domiciled in the state of Missouri, 19
or has moved to the state of Missouri on a permanent chang e- 20
of-station basis; 21
(4) "Resident military spouse", a spouse of an active 22
duty member of the Armed Forces of the United States who has 23
been transferred or is scheduled to be transferred to the 24
state of Missouri or an adjacent state and who is a 25
permanent resident of the state of Missouri, who is 26
domiciled in the state of Missouri, or who has Missouri as 27
his or her home of record. 28
2. Each applicant for licensure as a master social 29
worker shall furnish evidence to the committee that: 30
(1) The applicant has a master's or doctorate degree 31
in social work from an accredited social work degree program 32
approved by the council of social work education; 33
(2) The applicant has achieved a passing score, as 34
defined by the committee, on an examination approved by the 35
committee. The eligibility requirements for such 36
examination shall be determined by the state committee for 37
social workers; 38
(3) The applicant is at least eighteen years of age, 39
is a United States citizen or has statu s as a legal resident 40
alien, and has not been finally adjudicated and found 41
guilty, or entered a plea of guilty or nolo contendere, in a 42 SB 670 7
criminal prosecution under the laws of any state, of the 43
United States, or of any country, for any offense directly 44
related to the duties and responsibilities of the 45
occupation, as set forth in section 324.012, regardless or 46
whether or not sentence is imposed; 47
(4) The applicant has submitted a written application 48
on forms prescribed by the state board; 49
(5) The applicant has submitted the required licensing 50
fee, as determined by the committee. 51
[2.] 3. Any applicant who answers in the affirmative 52
to any question on the application that relates to possible 53
grounds for denial of licensure under sect ion 337.630 shall 54
submit a sworn affidavit setting forth in detail the facts 55
which explain such answer and copies of appropriate 56
documents related to such answer. 57
[3.] 4. The committee shall issue a license to each 58
person who files an application and fee as required by the 59
provisions of sections 337.600 to 337.689 and who furnishes 60
evidence satisfactory to the committee that the applicant 61
has complied with the provisions of subsection 1 of this 62
section. The license shall refer to the individu al as a 63
licensed master social worker and shall recognize that 64
individual's right to practice licensed master social work 65
as defined in section 337.600. 66
5. (1) Any person who holds a valid current master 67
social work license issued by another sta te, a branch or 68
unit of the military, a territory of the United States, or 69
the District of Columbia, and who has been licensed for at 70
least one year in such other jurisdiction, may submit an 71
application for a master social work license in Missouri 72
along with proof of current licensure and proof of licensure 73 SB 670 8
for at least one year in the other jurisdiction, to the 74
committee. 75
(2) The committee shall: 76
(a) Within six months of receiving an application 77
described in subsection 2 of this section , waive any 78
examination, educational, or experience requirements for 79
licensure in this state for the applicant if it determines 80
that there were minimum education requirements and, if 81
applicable, work experience and clinical supervision 82
requirements in effect and the other state verifies that the 83
person met those requirements in order to be licensed or 84
certified in that state. The committee may require an 85
applicant to take and pass an examination specific to the 86
laws of this state; or 87
(b) Within thirty days of receiving an application 88
described in subsection 2 of this section from a nonresident 89
military spouse or a resident military spouse, waive any 90
examination, educational, or experience requirements for 91
licensure in this state for the a pplicant and issue such 92
applicant a license under this subsection if such applicant 93
otherwise meets the requirements of this section. 94
(3) (a) The committee shall not waive any 95
examination, educational, or experience requirements for any 96
applicant who has had his or her license revoked by a 97
committee outside the state; who is currently under 98
investigation, who has a complaint pending, or who is 99
currently under disciplinary action, except as provided in 100
paragraph (b) of this subdivision, with a licensing 101
authority outside the state; who does not hold a license in 102
good standing with a licensing authority outside the state; 103
who has a criminal record that would disqualify him or her 104
for licensure in Missouri; or who does not hold a valid 105 SB 670 9
current license in the other jurisdiction on the date the 106
committee receives his or her application under this section. 107
(b) If another jurisdiction has taken disciplinary 108
action against an applicant, the committee shall determine 109
if the cause for the a ction was corrected and the matter 110
resolved. If the matter has not been resolved by that 111
jurisdiction, the committee may deny a license until the 112
matter is resolved. 113
(4) Nothing in this subsection shall prohibit the 114
committee from denying a lice nse to an applicant under this 115
subsection for any reason described in section 337.630. 116
(5) Any person who is licensed under the provisions of 117
this subsection shall be subject to the committee's 118
jurisdiction and all rules and regulations pertaining to the 119
practice as a licensed baccalaureate social worker in this 120
state. 121
(6) This subsection shall not be construed to waive 122
any requirement for an applicant to pay any fees. 123
337.651. SECTION 1: PURPOSE 1
The purpose of this Compact is to facilitate interstate 2
practice of Regulated Social Workers by improving public 3
access to competent Social Work Services. The Compact 4
preserves the regulatory authority of States to protect 5
public health and safety through the current s ystem of State 6
licensure. 7
This Compact is designed to achieve the following 8
objectives: 9
A. Increase public access to Social Work Services; 10
B. Reduce overly burdensome and duplicative 11
requirements associated with holding multiple license s; 12
C. Enhance the Member States' ability to protect the 13
public's health and safety; 14 SB 670 10
D. Encourage the cooperation of Member States in 15
regulating multistate practice; 16
E. Promote mobility and address workforce shortages by 17
eliminating the necessity for licenses in multiple States by 18
providing for the mutual recognition of other Member State 19
licenses; 20
F. Support military families; 21
G. Facilitate the exchange of licensure and 22
disciplinary information among Member States; 23
H. Authorize all Member States to hold a Regulated 24
Social Worker accountable for abiding by the Member State's 25
laws, regulations, and applicable professional standards in 26
the Member State in which the client is located at the time 27
care is rendered; and 28
I. Allow for the use of telehealth to facilitate 29
increased access to regulated Social Work Services. 30
SECTION 2. DEFINITIONS 31
As used in this Compact, and except as otherwise 32
provided, the following definitions shall apply: 33
A. "Active Military Member" means any individual in 34
full-time duty status in the active armed forces of the 35
United States including members of the National Guard and 36
Reserve. 37
B. "Adverse Action" means any administrative, civil, 38
equitable or criminal actio n permitted by a State's laws 39
which is imposed by a Licensing Authority or other authority 40
against a Regulated Social Worker, including actions against 41
an individual's license or Multistate Authorization to 42
Practice such as revocation, suspension, prob ation, 43
monitoring of the licensee, limitation on the licensee's 44
practice, or any other Encumbrance on licensure affecting a 45 SB 670 11
Regulated Social Worker's authorization to practice, 46
including issuance of a cease and desist action. 47
C. "Alternative Program" means a non-disciplinary 48
monitoring or practice remediation process approved by a 49
Licensing Authority to address practitioners with an 50
Impairment. 51
D. "Charter Member States" - Member States who have 52
enacted legislation to adopt this Compact where such 53
legislation predates the effective date of this Compact as 54
defined in Section 14. 55
E. "Compact Commission" or "Commission" means the 56
government agency whose membership consists of all States 57
that have enacted this Compact, which is know n as the Social 58
Work Licensure Compact Commission, as defined in Section 10, 59
and which shall operate as an instrumentality of the Member 60
States. 61
F. "Current Significant Investigative Information" 62
means: 63
1. Investigative information that a L icensing 64
Authority, after a preliminary inquiry that includes 65
notification and an opportunity for the Regulated Social 66
Worker to respond has reason to believe is not groundless 67
and, if proved true, would indicate more than a minor 68
infraction as may be defined by the Commission; or 69
2. Investigative information that indicates that the 70
Regulated Social Worker represents an immediate threat to 71
public health and safety, as may be defined by the 72
Commission, regardless of whether the Regulated Social 73
Worker has been notified and has had an opportunity to 74
respond. 75
G. "Data System" means a repository of information 76
about Licensees, including, but not limited to, continuing 77 SB 670 12
education, examination, licensure, Current Significant 78
Investigative Information, Disqualifying Event, Multistate 79
License(s) and Adverse Action information or other 80
information as required by the Commission. 81
H. "Domicile" means the jurisdiction in which the 82
licensee resides and intends to remain indefinitely. 83
I. "Disqualifying Event" means any Adverse Action or 84
incident which results in an encumbrance that disqualifies 85
or makes the Licensee ineligible to either obtain, retain or 86
renew a Multistate License. 87
J. "Encumbered License" means a license in whi ch an 88
Adverse Action restricts the practice of Social Work by the 89
Licensee and said Adverse Action and may be reportable to 90
the National Practitioners Data Bank (NPDB). 91
K. "Encumbrance" means a revocation or suspension of, 92
or any limitation on, t he full and unrestricted practice of 93
Social Work licensed and regulated by a Licensing Authority. 94
L. "Executive Committee" means a group of delegates 95
elected or appointed to act on behalf of, and within the 96
powers granted to them by, the compact a nd Commission. 97
M. "Home State" means the Member State that is the 98
Licensee's primary Domicile. 99
N. "Impairment" means a condition(s) that may impair a 100
practitioner's ability to engage in full and unrestricted 101
practice as a Regulated Social Wo rker without some type of 102
intervention and may include, but are not limited to, 103
alcohol and drug dependence, mental health impairment, and 104
neurological or physical impairments. 105
O. "Multistate License" means a license to practice as 106
a Regulated Social Worker issued by a Home State Licensing 107
Authority that authorizes the Regulated Social Worker to 108 SB 670 13
practice in all Member States under a Multistate 109
Authorization to Practice. 110
P. "Licensee(s)" means an individual who currently 111
holds a license from a State to practice as a Regulated 112
Social Worker. 113
Q. "Licensing Authority" means the board or agency of 114
a Member State, or equivalent, that is responsible for the 115
licensing and regulation of Regulated Social Workers. 116
R. "Member State" means a state, commonwealth, 117
district, or territory of the United States of America that 118
has enacted this Compact. 119
S. "Multistate Authorization to Practice" means a 120
legally authorized privilege to practice, which is 121
equivalent to a license, associa ted with a Multistate 122
License permitting the practice of Social Work in a Remote 123
State. 124
T. "Qualifying National Exam" means a national 125
licensing examination approved by the Commission. 126
U. "Regulated Social Worker" means any clinical, 127
master's or bachelor's Social Worker licensed by a Member 128
State regardless of the title used by that Member State. 129
V. "Remote State" means a Member State other than the 130
Home State, where a Licensee is exercising or seeking to 131
exercise the Multistate Aut horization to Practice. 132
W. "Rule(s)" or "Rule(s) of the Commission" means a 133
regulation or regulations duly promulgated by the 134
Commission, as authorized by the compact, that has the force 135
of law. 136
X. "Single State License" means a Social Work license 137
issued by any state that authorizes practice only within the 138
issuing State and does not include a Multistate 139
Authorization to Practice in any Member State. 140 SB 670 14
Y. "Social Work" or "Social Work Services" means the 141
application of social work th eory, knowledge, methods, 142
ethics, and the professional use of self to restore or 143
enhance social, psychosocial, or biopsychosocial functioning 144
of individuals, couples, families, groups, organizations, 145
and communities through the care and services provid ed by a 146
Regulated Social Worker as set forth in the Member State's 147
statutes and regulations in the State where the services are 148
being provided. 149
Z. "State" means any state, commonwealth, district, or 150
territory of the United States of America that regulates the 151
practice of Social Work. 152
AA. "Unencumbered License" means a license that 153
authorizes a Regulated Social Worker to engage in the full 154
and unrestricted practice of Social Work. 155
SECTION 3. STATE PARTICIPATION IN THE COMPACT 156
A. To be eligible to participate in the compact, a 157
potential Member State must currently meet all of the 158
following criteria: 159
1. License and regulate the practice of Social Work at 160
either the clinical, master's, or bachelor's category. 161
2. Require applicants for licensure to graduate from a 162
program that is accredited, or in candidacy by an 163
institution that subsequently becomes accredited, by an 164
accrediting agency recognized by the Council for Higher 165
Education Accreditation, or its successor, or by the United 166
States Department of Education and operated by a college or 167
university recognized by the Licensing Authority and that 168
corresponds to the licensure sought as outlined in Section 4. 169
3. Require applicants for clinical licensure to 170
complete a period of supervised practice. 171 SB 670 15
4. Have a mechanism in place for receiving, 172
investigating, and adjudicating complaints about Licensees. 173
B. To maintain membership in the Compact a Member 174
State shall: 175
1. Require applicants for a Multistate License pass a 176
Qualifying National Exam for the corresponding category of 177
Multistate License sought as outlined in Section 4. 178
2. Participate fully in the Commission's Data System, 179
including using the Commission's unique identifier as 180
defined in Rules; 181
3. Notify the Commission, in compliance with the terms 182
of the Compact and rules, of any Adverse Action or the 183
availability of Current Significant Investigative 184
Information regarding a Licensee; 185
4. Implement procedures for co nsidering the criminal 186
history records of applicants for a Multistate License. 187
Such procedures shall include the submission of fingerprints 188
or other biometric-based information by applicants for the 189
purpose of obtaining an applicant's criminal history record 190
information from the Federal Bureau of Investigation and the 191
agency responsible for retaining that state's criminal 192
records. 193
5. Comply with the Rules of the Commission; 194
6. Require an applicant to obtain or retain a license 195
in the Home State and meet the Home State's qualifications 196
for licensure or renewal of licensure, as well as all other 197
applicable Home State laws; 198
7. Authorize a Licensee holding a Multistate License 199
in any Member State to practice in accordance with the t erms 200
of the Compact and Rules of the Commission; and 201
8. Designate a delegate to participate in the 202
Commission meetings. 203 SB 670 16
C. A Member State meeting the requirements of Section 204
3.A. and 3.B of this Compact shall designate the categories 205
of Social Work licensure that are eligible for issuance of a 206
Multistate License for applicants in such Member State. To 207
the extent that any Member State does not meet the 208
requirements for participation in the Compact at any 209
particular category of Social Wor k licensure, such Member 210
State may choose, but is not obligated to, issue a 211
Multistate License to applicants that otherwise meet the 212
requirements of Section 4 for issuance of a Multistate 213
License in such category or categories of licensure. 214
D. Home States may charge a fee for granting the 215
Multistate License. 216
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT 217
A. To be eligible for a Multistate License under the 218
terms and provisions of the compact, an applicant, 219
regardless of catego ry must: 220
1. Hold or be eligible for an active, Unencumbered 221
License in the Home State; 222
2. Pay any applicable fees, including any State fee, 223
for the Multistate License; 224
3. Submit, in connection with an application for a 225
Multistate License, fingerprints or other biometric data for 226
the purpose of obtaining criminal history record information 227
from the Federal Bureau of Investigation and the agency 228
responsible for retaining that state's criminal records. 229
4. Notify the Home State of any Adverse Action, 230
Encumbrance, or restriction on any professional license 231
taken by any Member State or non -Member State within 30 days 232
from the date the action is taken. 233
5. Meet any continuing competence requirements 234
established by the Home Sta te; 235 SB 670 17
6. Abide by the laws, regulations, and applicable 236
standards in the Member State where the client is located at 237
the time care is rendered. 238
B. An applicant for a clinical -category Multistate 239
License must meet all of the following requireme nts: 240
1. Fulfill a competency requirement, which shall be 241
satisfied by either: 242
i. Passage of a clinical -category Qualifying National 243
Exam; or 244
ii. Licensure of the applicant in their Home State at 245
the clinical category, beginning prior t o such time as a 246
Qualifying National Exam was required by the Home State and 247
accompanied by a period of continuous Social Work licensure 248
thereafter, all of which may be further governed by the 249
Rules of the Commission; or 250
iii. The substantial equi valency of the foregoing 251
competency requirements which the Commission may determine 252
by Rule. 253
2. Attain at least a master's degree in Social Work 254
from a program that is: 255
i. Operated by a college or university recognized by 256
the Licensing Authority; and 257
ii. Accredited, or in candidacy that subsequently 258
becomes accredited, by an accrediting agency recognized by 259
either: 260
1. the Council for Higher Education Accreditation or 261
its successor; or 262
2. the United States Department of E ducation. 263
3. Fulfill a practice requirement, which shall be 264
satisfied by demonstrating completion of either: 265
i. A period of postgraduate supervised clinical 266
practice equal to a minimum of three thousand hours; or 267 SB 670 18
ii. A minimum of two years of full-time postgraduate 268
supervised clinical practice; or 269
iii. The substantial equivalency of the foregoing 270
practice requirements which the Commission may determine by 271
Rule. 272
C. An applicant for a master's -category Multistate 273
License must meet all of the following requirements: 274
1. Fulfill a competency requirement, which shall be 275
satisfied by either: 276
i. Passage of a masters -category Qualifying National 277
Exam; 278
ii. Licensure of the applicant in their Home State at 279
the master's category, beginning prior to such time as a 280
Qualifying National Exam was required by the Home State at 281
the master's category and accompanied by a continuous period 282
of Social Work licensure thereafter, all of which may be 283
further governed by the Rules of the Commission; or 284
iii. The substantial equivalency of the foregoing 285
competency requirements which the Commission may determine 286
by Rule. 287
2. Attain at least a master's degree in Social Work 288
from a program that is: 289
i. Operated by a college or university recognized by 290
the Licensing Authority; and 291
ii. Accredited, or in candidacy that subsequently 292
becomes accredited, by an accrediting agency recognized by 293
either: 294
1. the Council for Higher Education Accreditation or 295
its successor; or 296
2. the United States Department of Education. 297
D. An applicant for a bachelor's -category Multistate 298
License must meet all of the following requirements: 299 SB 670 19
1. Fulfill a competency requirement, which shall be 300
satisfied by either: 301
i. Passage of a bachelor's -category Qualifying 302
National Exam; 303
ii. Licensure of the applicant in their Home State at 304
the bachelor's category, beginning prior to such time as a 305
Qualifying National Exam was required by the Home State and 306
accompanied by a period of continuous Social Work licensure 307
thereafter, all of which may be further governed by the 308
Rules of the Commission; or 309
iii. The substantial equivalency of the foregoing 310
competency requirements which the Commission may det ermine 311
by Rule. 312
2. Attain at least a bachelor's degree in Social Work 313
from a program that is: 314
i. Operated by a college or university recognized by 315
the Licensing Authority; and 316
ii. Accredited, or in candidacy that subsequently 317
becomes accredited, by an accrediting agency recognized by 318
either: 319
1. the Council for Higher Education Accreditation or 320
its successor; or 321
2. the United States Department of Education. 322
E. The Multistate License for a Regulated Social 323
Worker is subject to the renewal requirements of the Home 324
State. The Regulated Social Worker must maintain compliance 325
with the requirements of Section 4(A). 326
F. The Regulated Social Worker's services in a Remote 327
State are subject to that Member State's reg ulatory 328
authority. A Remote State may, in accordance with due 329
process and that Member State's laws, remove a Regulated 330
Social Worker's Multistate Authorization to Practice in the 331 SB 670 20
Remote State for a specific period of time, impose fines, 332
and take any other necessary actions to protect the health 333
and safety of its citizens. 334
G. If a Multistate License is encumbered, the 335
Regulated Social Worker's Multistate Authorization to 336
Practice shall be deactivated in all Remote States until the 337
Multistate License is no longer encumbered. 338
H. If a Multistate Authorization to Practice is 339
encumbered in a Remote State, the regulated Social Worker's 340
Multistate Authorization to Practice may be deactivated in 341
that State until the Multistate Authorization t o Practice is 342
no longer encumbered. 343
SECTION 5: ISSUANCE OF A MULTISTATE LICENSE 344
A. Upon receipt of an application for Multistate 345
License, the Home State Licensing Authority shall determine 346
the applicant's eligibility for a Multistate License in 347
accordance with Section 4 of this Compact. 348
B. If such applicant is eligible pursuant to Section 4 349
of this Compact, the Home State Licensing Authority shall 350
issue a Multistate License that authorizes the applicant or 351
Regulated Social Worker to practice in all Member States 352
under a Multistate Authorization to Practice. 353
C. Upon issuance of a Multistate License, the Home 354
State Licensing Authority shall designate whether the 355
Regulated Social Worker holds a Multistate License in the 356
Bachelors, Masters, or Clinical category of Social Work. 357
D. A Multistate License issued by a Home State to a 358
resident in that State shall be recognized by all Compact 359
Member States as authorizing Social Work Practice under a 360
Multistate Authorization to P ractice corresponding to each 361
category of licensure regulated in the Member State. 362 SB 670 21
SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION 363
AND MEMBER STATE LICENSING AUTHORITIES 364
A. Nothing in this Compact, nor any Rule of the 365
Commission, shall be construed to limit, restrict, or in any 366
way reduce the ability of a Member State to enact and 367
enforce laws, regulations, or other rules related to the 368
practice of Social Work in that State, where those laws, 369
regulations, or other rules are not incon sistent with the 370
provisions of this Compact. 371
B. Nothing in this Compact shall affect the 372
requirements established by a Member State for the issuance 373
of a Single State License. 374
C. Nothing in this Compact, nor any Rule of the 375
Commission, shall be construed to limit, restrict, or in any 376
way reduce the ability of a Member State to take Adverse 377
Action against a Licensee's Single -State License to practice 378
Social Work in that State. 379
D. Nothing in this Compact, nor any Rule of the 380
Commission, shall be construed to limit, restrict, or in any 381
way reduce the ability of a Remote State to take Adverse 382
Action against a Licensee's Authorization to Practice in 383
that State. 384
E. Nothing in this Compact, nor any Rule of the 385
Commission, shall be construed to limit, restrict, or in any 386
way reduce the ability of a Licensee's Home State to take 387
Adverse Action against a Licensee's Multistate License based 388
upon information provided by a Remote State. 389
SECTION 7: REISSUANCE OF A MULTISTATE LICE NSE BY A NEW 390
HOME STATE 391
A. A Licensee may hold a Multistate License, issued by 392
their Home State, in only one Member State at any given time. 393 SB 670 22
B. If a Licensee changes their Home State by moving 394
between two Member States: 395
1. The Licensee shall immediately apply for the 396
reissuance of their Multistate License in their new Home 397
State. The Licensee shall pay all applicable fees and 398
notify the prior Home State in accordance with the Rules of 399
the Commission. 400
2. Upon receipt of an app lication to reissue a 401
Multistate License, the new Home State shall verify that the 402
Multistate License is active, unencumbered and eligible for 403
reissuance under the terms of the Compact and the Rules of 404
the Commission. The Multistate License issued by the prior 405
Home State will be deactivated and all Member States 406
notified in accordance with the applicable Rules adopted by 407
the Commission. 408
3. Prior to the reissuance of the Multistate License, 409
the new Home State shall conduct procedures for consi dering 410
the criminal history records of the Licensee. Such 411
procedures shall include the submission of fingerprints or 412
other biometric-based information by applicants for the 413
purpose of obtaining an applicant's criminal history record 414
information from the Federal Bureau of Investigation and the 415
agency responsible for retaining that state's criminal 416
records. 417
4. If required for initial licensure, the new Home 418
State may require completion of jurisprudence requirements 419
in the new Home State. 420
5. Notwithstanding any other provision of this 421
Compact, if a Licensee does not meet the requirements set 422
forth in this Compact for the reissuance of a Multistate 423
License by the new Home State, then the Licensee shall be 424 SB 670 23
subject to the new Home State r equirements for the issuance 425
of a Single-State License in that State. 426
C. If a Licensee changes their primary state of 427
residence by moving from a Member State to a non -Member 428
State, or from a non -Member State to a Member State, then 429
the Licensee shall be subject to the State requirements for 430
the issuance of a Single -State License in the new Home State. 431
D. Nothing in this Compact shall interfere with a 432
Licensee's ability to hold a Single -State License in 433
multiple States; however, for the pu rposes of this Compact, 434
a Licensee shall have only one Home State, and only one 435
Multistate License. 436
E. Nothing in this Compact shall interfere with the 437
requirements established by a Member State for the issuance 438
of a Single-State License. 439
SECTION 8. MILITARY FAMILIES 440
An Active Military Member or their spouse shall 441
designate a Home State where the individual has a Multistate 442
License. The individual may retain their Home State 443
designation during the period the service member is on 444
active duty. 445
SECTION 9. ADVERSE ACTIONS 446
A. In addition to the other powers conferred by State 447
law, a Remote State shall have the authority, in accordance 448
with existing State due process law, to: 449
1. Take Adverse Action against a Regulated So cial 450
Worker's Multistate Authorization to Practice only within 451
that Member State, and issue subpoenas for both hearings and 452
investigations that require the attendance and testimony of 453
witnesses as well as the production of evidence. Subpoenas 454
issued by a Licensing Authority in a Member State for the 455
attendance and testimony of witnesses or the production of 456 SB 670 24
evidence from another Member State shall be enforced in the 457
latter State by any court of competent jurisdiction, 458
according to the practice and procedure of that court 459
applicable to subpoenas issued in proceedings pending before 460
it. The issuing authority shall pay any witness fees, 461
travel expenses, mileage, and other fees required by the 462
service statutes of the State in which the witnesses o r 463
evidence are located. 464
2. Only the Home State shall have the power to take 465
Adverse Action against a Regulated Social Worker's 466
Multistate License. 467
B. For purposes of taking Adverse Action, the Home 468
State shall give the same priority and eff ect to reported 469
conduct received from a Member State as it would if the 470
conduct had occurred within the Home State. In so doing, 471
the Home State shall apply its own State laws to determine 472
appropriate action. 473
C. The Home State shall complete any pending 474
investigations of a Regulated Social Worker who changes 475
primary State of Domicile during the course of the 476
investigations. The Home State shall also have the 477
authority to take appropriate action(s) and shall promptly 478
report the conclusions of the investigations to the 479
administrator of the Data System. The administrator of the 480
Data System shall promptly notify the new Home State of any 481
Adverse Actions. 482
D. A Member State, if otherwise permitted by State 483
law, may recover from the affec ted Regulated Social Worker 484
the costs of investigations and dispositions of cases 485
resulting from any Adverse Action taken against that 486
Regulated Social Worker. 487 SB 670 25
E. A Member State may take Adverse Action based on the 488
factual findings of another Mem ber State, provided that the 489
Member State follows its own procedures for taking the 490
Adverse Action. 491
F. Joint Investigations: 492
1. In addition to the authority granted to a Member 493
State by its respective Social Work practice act or other 494
applicable State law, any Member State may participate with 495
other Member States in joint investigations of Licensees. 496
2. Member States shall share any investigative, 497
litigation, or compliance materials in furtherance of any 498
joint or individual investig ation initiated under the 499
Compact. 500
G. If Adverse Action is taken by the Home State 501
against the Multistate License of a Regulated Social Worker, 502
the Regulated Social Worker's Multistate Authorization to 503
Practice in all other Member States shall be deactivated 504
until all Encumbrances have been removed from the Multistate 505
License. All Home State disciplinary orders that impose 506
Adverse Action against the license of a Regulated Social 507
Worker shall include a statement that the Regulated Social 508
Worker's Multistate Authorization to Practice is deactivated 509
in all Member States until all conditions of the decision, 510
order or agreement are satisfied. 511
H. If a Member State takes Adverse Action, it shall 512
promptly notify the administrator of the Data System. The 513
administrator of the Data System shall promptly notify the 514
Home State and all other Member State's of any Adverse 515
Actions by Remote States. 516
I. Nothing in this Compact shall override a Member 517
State's decision that participation in an Alternative 518
Program may be used in lieu of Adverse Action. Nothing in 519 SB 670 26
this Compact shall authorize a member state to demand the 520
issuance of subpoenas for attendance and testimony of 521
witnesses or the production of evidence from another Member 522
State for lawful actions within that member state. 523
J. Nothing in this Compact shall authorize a member 524
state to impose discipline against a Regulated Social Worker 525
who holds a Multistate Authorization to Practice for lawful 526
actions within another member state. 527
SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE 528
COMPACT COMMISSION 529
A. The Compact Member States hereby create and 530
establish a joint government agency whose membership 531
consists of all member states that have enacted the compact 532
known as the Social Work Licensure Compact Commission. The 533
Commission is an instrumentality of the Compact States 534
acting jointly and not an instrumentality of any one state. 535
The Commission shall come into existence on or after the 536
effective date of the C ompact as set forth in Section 13. 537
B. Membership, Voting, and Meetings 538
1. Each Member State shall have and be limited to one 539
(1) delegate selected by that Member State's State Licensing 540
Authority. 541
2. The delegate shall be either: 542
a. A current member of the State Licensing Authority 543
at the time of appointment, who is a Regulated Social Worker 544
or public member of the State Licensing Authority; or 545
b. An administrator of the State Licensing Authority 546
or their designee. 547
3. The Commission shall by Rule or bylaw establish a 548
term of office for delegates and may by Rule or bylaw 549
establish term limits. 550 SB 670 27
4. The Commission may recommend removal or suspension 551
any delegate from office. 552
5. A Member State's State Licens ing Authority shall 553
fill any vacancy of its delegate occurring on the Commission 554
within 60 days of the vacancy. 555
6. Each delegate shall be entitled to one vote on all 556
matters before the Commission requiring a vote by Commission 557
delegates. 558
7. A delegate shall vote in person or by such other 559
means as provided in the bylaws. The bylaws may provide for 560
delegates to meet by telecommunication, videoconference, or 561
other means of communication. 562
8. The Commission shall meet at least once duri ng each 563
calendar year. Additional meetings may be held as set forth 564
in the bylaws. The Commission may meet by 565
telecommunication, video conference or other similar 566
electronic means. 567
C. The Commission shall have the following powers: 568
1. Establish the fiscal year of the Commission; 569
2. Establish code of conduct and conflict of interest 570
policies; 571
3. Establish and amend Rules and bylaws; 572
4. Maintain its financial records in accordance with 573
the bylaws; 574
5. Meet and take such actions as are consistent with 575
the provisions of this Compact, the Commission's Rules, and 576
the bylaws; 577
6. Initiate and conclude legal proceedings or actions 578
in the name of the Commission, provided that the standing of 579
any State Licensing Board to sue or be sued under applicable 580
law shall not be affected; 581 SB 670 28
7. Maintain and certify records and information 582
provided to a Member State as the authenticated business 583
records of the Commission, and designate an agent to do so 584
on the Commission's behalf; 585
8. Purchase and maintain insurance and bonds; 586
9. Borrow, accept, or contract for services of 587
personnel, including, but not limited to, employees of a 588
Member State; 589
10. Conduct an annual financial review; 590
11. Hire employees, elect or appoint officers, fix 591
compensation, define duties, grant such individuals 592
appropriate authority to carry out the purposes of the 593
Compact, and establish the Commission's personnel policies 594
and programs relating to conflicts of interest, 595
qualifications of personnel, and other related personnel 596
matters; 597
12. Assess and collect fees; 598
13. Accept any and all appropriate gifts, donations, 599
grants of money, other sources of revenue, equipment, 600
supplies, materials, and services, and rec eive, utilize, and 601
dispose of the same; provided that at all times the 602
Commission shall avoid any appearance of impropriety or 603
conflict of interest; 604
14. Lease, purchase, retain, own, hold, improve, or 605
use any property, real, personal, or mixed, o r any undivided 606
interest therein; 607
15. Sell, convey, mortgage, pledge, lease, exchange, 608
abandon, or otherwise dispose of any property real, 609
personal, or mixed; 610
16. Establish a budget and make expenditures; 611
17. Borrow money; 612 SB 670 29
18. Appoint committees, including standing committees, 613
composed of members, State regulators, State legislators or 614
their representatives, and consumer representatives, and 615
such other interested persons as may be designated in this 616
Compact and the bylaws; 617
19. Provide and receive information from, and 618
cooperate with, law enforcement agencies; 619
20. Establish and elect an Executive Committee, 620
including a chair and a vice chair; 621
21. Determine whether a State's adopted language is 622
materially different from the model compact language such 623
that the State would not qualify for participation in the 624
Compact; and 625
22. Perform such other functions as may be necessary 626
or appropriate to achieve the purposes of this Compact. 627
D. The Executive Committee 628
1. The Executive Committee shall have the power to act 629
on behalf of the Commission according to the terms of this 630
Compact. The powers, duties, and responsibilities of the 631
Executive Committee shall include: 632
a. Oversee the day-to-day activities of the 633
administration of the compact including enforcement and 634
compliance with the provisions of the compact, its Rules and 635
bylaws, and other such duties as deemed necessary; 636
b. Recommend to the Commission changes to the Rules or 637
bylaws, changes to this Compact legislation, fees charged to 638
Compact Member States, fees charged to licensees, and other 639
fees; 640
c. Ensure Compact administration services are 641
appropriately provided, including by contract; 642
d. Prepare and recommend the budget; 643 SB 670 30
e. Maintain financial records on behalf of the 644
Commission; 645
f. Monitor Compact compliance of Member States and 646
provide compliance reports to the Commission; 647
g. Establish additional committees as necessary; 648
h. Exercise the powers and duties of the Commission 649
during the interim between Commission meetings, except for 650
adopting or amending Rules, adopting or amending bylaws, and 651
exercising any other powers and duties expressly reserved to 652
the Commission by Rule or bylaw ; and 653
i. Other duties as provided in the Rules or bylaws of 654
the Commission. 655
2. The Executive Committee shall be composed of up to 656
nine (9) members: 657
a. The chair and vice chair of the Commission shall be 658
voting members of the Executive Committee; and 659
b. The Commission shall elect five voting members from 660
the current membership of the Commission. 661
c. Up to four (4) ex-officio, nonvoting members from 662
four (4) recognized national social work organizations. 663
d. The ex-officio members will be selected by their 664
respective organizations. 665
3. The Commission may remove any member of the 666
Executive Committee as provided in the Commission's bylaws. 667
4. The Executive Committee shall meet at least 668
annually. 669
a. Executive Committee meetings shall be open to the 670
public, except that the Executive Committee may meet in a 671
closed, non-public meeting as provided in subsection E.2 672
below. 673
b. The Executive Committee shall give seven (7) days' 674
notice of its meetings, p osted on its website and as 675 SB 670 31
determined to provide notice to persons with an interest in 676
the business of the Commission. 677
c. The Executive Committee may hold a special meeting 678
in accordance with subsection E.1.b. below. 679
E. The Commission shall adopt and provide to the 680
Member States an annual report. 681
F. Meetings of the Commission 682
1. All meetings shall be open to the public, except 683
that the Commission may meet in a closed, non -public meeting 684
as provided in subsection F.2 below. 685
a. Public notice for all meetings of the full 686
Commission of meetings shall be given in the same manner as 687
required under the Rulemaking provisions in Section 11, 688
except that the Commission may hold a special meeting as 689
provided in subsection F.1.b b elow. 690
b. The Commission may hold a special meeting when it 691
must meet to conduct emergency business by giving 48 hours' 692
notice to all commissioners, on the Commission's website, 693
and other means as provided in the Commission's rules. The 694
Commission's legal counsel shall certify that the 695
Commission's need to meet qualifies as an emergency. 696
2. The Commission or the Executive Committee or other 697
committees of the Commission may convene in a closed, non - 698
public meeting for the Commission or Exec utive Committee or 699
other committees of the Commission to receive legal advice 700
or to discuss: 701
a. Non-compliance of a Member State with its 702
obligations under the Compact; 703
b. The employment, compensation, discipline or other 704
matters, practices or procedures related to specific 705
employees; 706 SB 670 32
c. Current or threatened discipline of a Licensee by 707
the Commission or by a Member State's Licensing Authority; 708
d. Current, threatened, or reasonably anticipated 709
litigation; 710
e. Negotiation of contracts for the purchase, lease, 711
or sale of goods, services, or real estate; 712
f. Accusing any person of a crime or formally 713
censuring any person; 714
g. Trade secrets or commercial or financial 715
information that is privileged or confidential; 716
h. Information of a personal nature where disclosure 717
would constitute a clearly unwarranted invasion of personal 718
privacy; 719
i. Investigative records compiled for law enforcement 720
purposes; 721
j. Information related to any investigative repo rts 722
prepared by or on behalf of or for use of the Commission or 723
other committee charged with responsibility of investigation 724
or determination of compliance issues pursuant to the 725
Compact; 726
k. Matters specifically exempted from disclosure by 727
federal or Member State law; or 728
l. Other matters as promulgated by the Commission by 729
Rule. 730
3. If a meeting, or portion of a meeting, is closed, 731
the presiding officer shall state that the meeting will be 732
closed and reference each relevant exemptin g provision, and 733
such reference shall be recorded in the minutes. 734
4. The Commission shall keep minutes that fully and 735
clearly describe all matters discussed in a meeting and 736
shall provide a full and accurate summary of actions taken, 737
and the reasons therefore, including a description of the 738 SB 670 33
views expressed. All documents considered in connection 739
with an action shall be identified in such minutes. All 740
minutes and documents of a closed meeting shall remain under 741
seal, subject to release only b y a majority vote of the 742
Commission or order of a court of competent jurisdiction. 743
G. Financing of the Commission 744
1. The Commission shall pay, or provide for the 745
payment of, the reasonable expenses of its establishment, 746
organization, and ong oing activities. 747
2. The Commission may accept any and all appropriate 748
revenue sources as provided in C(12). 749
3. The Commission may levy on and collect an annual 750
assessment from each Member State and impose fees on 751
licensees of Member States t o whom it grants a Multistate 752
License to cover the cost of the operations and activities 753
of the Commission and its staff, which must be in a total 754
amount sufficient to cover its annual budget as approved 755
each year for which revenue is not provided by o ther 756
sources. The aggregate annual assessment amount for Member 757
States shall be allocated based upon a formula that the 758
Commission shall promulgate by Rule. 759
4. The Commission shall not incur obligations of any 760
kind prior to securing the funds ad equate to meet the same; 761
nor shall the Commission pledge the credit of any of the 762
Member States, except by and with the authority of the 763
Member State. 764
5. The Commission shall keep accurate accounts of all 765
receipts and disbursements. The receipts and disbursements 766
of the Commission shall be subject to the financial review 767
and accounting procedures established under its bylaws. 768
However, all receipts and disbursements of funds handled by 769
the Commission shall be subject to an annual financial 770 SB 670 34
review by a certified or licensed public accountant, and the 771
report of the financial review shall be included in and 772
become part of the annual report of the Commission. 773
H. Qualified Immunity, Defense, and Indemnification 774
1. The members, officers, executive director, 775
employees and representatives of the Commission shall be 776
immune from suit and liability, both personally and in their 777
official capacity, for any claim for damage to or loss of 778
property or personal injury or other civil liability caused 779
by or arising out of any actual or alleged act, error, or 780
omission that occurred, or that the person against whom the 781
claim is made had a reasonable basis for believing occurred 782
within the scope of Commission employment, duties or 783
responsibilities; provided that nothing in this paragraph 784
shall be construed to protect any such person from suit or 785
liability for any damage, loss, injury, or liability caused 786
by the intentional or willful or wanton misconduct of that 787
person. The procurement of insurance of any type by the 788
Commission shall not in any way compromise or limit the 789
immunity granted hereunder. 790
2. The Commission shall defend any member, officer, 791
executive director, employee, and representative of the 792
Commission in any civil a ction seeking to impose liability 793
arising out of any actual or alleged act, error, or omission 794
that occurred within the scope of Commission employment, 795
duties, or responsibilities, or as determined by the 796
commission that the person against whom the cla im is made 797
had a reasonable basis for believing occurred within the 798
scope of Commission employment, duties, or responsibilities; 799
provided that nothing herein shall be construed to prohibit 800
that person from retaining their own counsel at their own 801
expense; and provided further, that the actual or alleged 802 SB 670 35
act, error, or omission did not result from that person's 803
intentional or willful or wanton misconduct. 804
3. The Commission shall indemnify and hold harmless 805
any member, officer, executive directo r, employee, and 806
representative of the Commission for the amount of any 807
settlement or judgment obtained against that person arising 808
out of any actual or alleged act, error, or omission that 809
occurred within the scope of Commission employment, duties, 810
or responsibilities, or that such person had a reasonable 811
basis for believing occurred within the scope of Commission 812
employment, duties, or responsibilities, provided that the 813
actual or alleged act, error, or omission did not result 814
from the intentional or willful or wanton misconduct of that 815
person. 816
4. Nothing herein shall be construed as a limitation 817
on the liability of any licensee for professional 818
malpractice or misconduct, which shall be governed solely by 819
any other applicable state laws. 820
5. Nothing in this Compact shall be interpreted to 821
waive or otherwise abrogate a Member State's state action 822
immunity or state action affirmative defense with respect to 823
antitrust claims under the Sherman Act, Clayton Act, or any 824
other state or federal antitrust or anticompetitive law or 825
regulation. 826
6. Nothing in this Compact shall be construed to be a 827
waiver of sovereign immunity by the Member States or by the 828
Commission. 829
SECTION 11. DATA SYSTEM 830
A. The Commission shall provid e for the development, 831
maintenance, operation, and utilization of a coordinated 832
database and reporting system containing licensure, Adverse 833
Action, and the presence of Current Significant 834 SB 670 36
Investigative Information on all licensed individuals in 835
Member States. 836
B. The Commission shall assign each applicant for a 837
Multistate License a unique identifier, as determined by the 838
rules of the Commission. 839
C. Notwithstanding any other provision of State law to 840
the contrary, a Member State shall subm it a uniform data set 841
to the Data System on all individuals to whom this Compact 842
is applicable as required by the Rules of the Commission, 843
including: 844
1. Identifying information; 845
2. Licensure data; 846
3. Adverse Actions against a license a nd information 847
related thereto; 848
4. Non-confidential information related to Alternative 849
Program participation, the beginning and ending dates of 850
such participation, and other information related to such 851
participation not made confidential under Me mber State law; 852
5. Any denial of application for licensure, and the 853
reason(s) for such denial; 854
6. The presence of Current Significant Investigative 855
Information; and 856
7. Other information that may facilitate the 857
administration of this Co mpact or the protection of the 858
public, as determined by the Rules of the Commission. 859
D. The records and information provided to a Member 860
State pursuant to this Compact or through the Data System, 861
when certified by the Commission or an agent thereo f, shall 862
constitute the authenticated business records of the 863
Commission, and shall be entitled to any associated hearsay 864
exception in any relevant judicial, quasi -judicial or 865
administrative proceedings in a Member State. 866 SB 670 37
E. Current Significant I nvestigative Information 867
pertaining to a Licensee in any Member State will only be 868
available to other Member States. 869
F. It is the responsibility of the Member States to 870
report any Adverse Action against a Licensee and to monitor 871
the database to determine whether Adverse Action has been 872
taken against a Licensee. Adverse Action information 873
pertaining to a Licensee in any Member State will be 874
available to any other Member State. 875
G. Member States contributing information to the Data 876
System may designate information that may not be shared with 877
the public without the express permission of the 878
contributing State. 879
H. Any information submitted to the Data System that 880
is subsequently expunged pursuant to federal law or the laws 881
of the Member State contributing the information shall be 882
removed from the Data System. 883
SECTION 12. RULEMAKING 884
A. The Commission shall promulgate reasonable Rules in 885
order to effectively and efficiently implement and 886
administer the purposes and provis ions of the Compact. A 887
Rule shall be invalid and have no force or effect only if a 888
court of competent jurisdiction holds that the Rule is 889
invalid because the Commission exercised its rulemaking 890
authority in a manner that is beyond the scope and purpos es 891
of the Compact, or the powers granted hereunder, or based 892
upon another applicable standard of review. 893
B. The Rules of the Commission shall have the force of 894
law in each Member State, provided however that where the 895
Rules of the Commission conf lict with the laws of the Member 896
State that establish the Member State's laws, regulations, 897
and applicable standards as held by a court of competent 898 SB 670 38
jurisdiction, the Rules of the Commission shall be 899
ineffective in that State to the extent of the confl ict. 900
C. The Commission shall exercise its Rulemaking powers 901
pursuant to the criteria set forth in this Section and the 902
Rules adopted thereunder. Rules shall become binding on the 903
day following adoption or the date specified in the rule or 904
amendment, whichever is later. 905
D. If a majority of the legislatures of the Member 906
States rejects a Rule or portion of a Rule, by enactment of 907
a statute or resolution in the same manner used to adopt the 908
Compact within four (4) years of the date of adopt ion of the 909
Rule, then such Rule shall have no further force and effect 910
in any Member State. 911
E. Rules shall be adopted at a regular or special 912
meeting of the Commission. 913
F. Prior to adoption of a proposed Rule, the 914
Commission shall hold a pu blic hearing and allow persons to 915
provide oral and written comments, data, facts, opinions, 916
and arguments. 917
G. Prior to adoption of a proposed Rule by the 918
Commission, and at least thirty (30) days in advance of the 919
meeting at which the Commission will hold a public hearing 920
on the proposed Rule, the Commission shall provide a Notice 921
of Proposed Rulemaking: 922
1. On the website of the Commission or other publicly 923
accessible platform; 924
2. To persons who have requested notice of the 925
Commission's notices of proposed rulemaking, and 926
3. In such other way(s) as the Commission may by Rule 927
specify. 928
H. The Notice of Proposed Rulemaking shall include: 929 SB 670 39
1. The time, date, and location of the public hearing 930
at which the Commission will hear public comments on the 931
proposed Rule and, if different, the time, date, and 932
location of the meeting where the Commission will consider 933
and vote on the proposed Rule; 934
2. If the hearing is held via telecommunication, video 935
conference, or other electronic means, the Commission shall 936
include the mechanism for access to the hearing in the 937
Notice of Proposed Rulemaking; 938
3. The text of the proposed Rule and the reason 939
therefor; 940
4. A request for comments on the proposed Rule from 941
any interested person; and 942
5. The manner in which interested persons may submit 943
written comments. 944
I. All hearings will be recorded. A copy of the 945
recording and all written comments and documents received by 946
the Commission in response to th e proposed Rule shall be 947
available to the public. 948
J. Nothing in this section shall be construed as 949
requiring a separate hearing on each Rule. Rules may be 950
grouped for the convenience of the Commission at hearings 951
required by this section. 952
K. The Commission shall, by majority vote of all 953
members, take final action on the proposed Rule based on the 954
Rulemaking record and the full text of the Rule. 955
1. The Commission may adopt changes to the proposed 956
Rule provided the changes do not enl arge the original 957
purpose of the proposed Rule. 958
2. The Commission shall provide an explanation of the 959
reasons for substantive changes made to the proposed Rule as 960 SB 670 40
well as reasons for substantive changes not made that were 961
recommended by commenter s. 962
3. The Commission shall determine a reasonable 963
effective date for the Rule. Except for an emergency as 964
provided in Section 11.L, the effective date of the rule 965
shall be no sooner than 30 days after issuing the notice 966
that it adopted or amende d the Rule. 967
L. Upon determination that an emergency exists, the 968
Commission may consider and adopt an emergency Rule with 48 969
hours' notice, with opportunity to comment, provided that 970
the usual Rulemaking procedures provided in the Compact and 971
in this section shall be retroactively applied to the Rule 972
as soon as reasonably possible, in no event later than 973
ninety (90) days after the effective date of the Rule. For 974
the purposes of this provision, an emergency Rule is one 975
that must be adopted imme diately in order to: 976
1. Meet an imminent threat to public health, safety, 977
or welfare; 978
2. Prevent a loss of Commission or Member State funds; 979
3. Meet a deadline for the promulgation of a Rule that 980
is established by federal law or rule; o r 981
4. Protect public health and safety. 982
M. The Commission or an authorized committee of the 983
Commission may direct revisions to a previously adopted Rule 984
for purposes of correcting typographical errors, errors in 985
format, errors in consistency, or grammatical errors. 986
Public notice of any revisions shall be posted on the 987
website of the Commission. The revision shall be subject to 988
challenge by any person for a period of thirty (30) days 989
after posting. The revision may be challenged only on 990
grounds that the revision results in a material change to a 991
Rule. A challenge shall be made in writing and delivered to 992 SB 670 41
the Commission prior to the end of the notice period. If no 993
challenge is made, the revision will take effect without 994
further action. If the revision is challenged, the revision 995
may not take effect without the approval of the Commission. 996
N. No Member State's rulemaking requirements shall 997
apply under this compact. 998
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND 999
ENFORCEMENT 1000
A. Oversight 1001
1. The executive and judicial branches of State 1002
government in each Member State shall enforce this Compact 1003
and take all actions necessary and appropriate to implement 1004
the Compact. 1005
2. Except as otherwise provided in this Compact, venue 1006
is proper and judicial proceedings by or against the 1007
Commission shall be brought solely and exclusively in a 1008
court of competent jurisdiction where the principal office 1009
of the Commission is located. The Commission may waive 1010
venue and jurisdictional defenses to the extent it adopts or 1011
consents to participate in alternative dispute resolution 1012
proceedings. Nothing herein shall affect or limit the 1013
selection or propriety of venue in any action against a 1014
licensee for professional malprac tice, misconduct or any 1015
such similar matter. 1016
3. The Commission shall be entitled to receive service 1017
of process in any proceeding regarding the enforcement or 1018
interpretation of the Compact and shall have standing to 1019
intervene in such a proceeding for all purposes. Failure to 1020
provide the Commission service of process shall render a 1021
judgment or order void as to the Commission, this Compact, 1022
or promulgated Rules. 1023
B. Default, Technical Assistance, and Termination 1024 SB 670 42
1. If the Commission de termines that a Member State 1025
has defaulted in the performance of its obligations or 1026
responsibilities under this Compact or the promulgated 1027
Rules, the Commission shall provide written notice to the 1028
defaulting State. The notice of default shall describe the 1029
default, the proposed means of curing the default, and any 1030
other action that the Commission may take, and shall offer 1031
training and specific technical assistance regarding the 1032
default. 1033
2. The Commission shall provide a copy of the notice 1034
of default to the other Member States. 1035
C. If a State in default fails to cure the default, 1036
the defaulting State may be terminated from the Compact upon 1037
an affirmative vote of a majority of the delegates of the 1038
Member States, and all rights, privilege s and benefits 1039
conferred on that state by this Compact may be terminated on 1040
the effective date of termination. A cure of the default 1041
does not relieve the offending State of obligations or 1042
liabilities incurred during the period of default. 1043
D. Termination of membership in the Compact shall be 1044
imposed only after all other means of securing compliance 1045
have been exhausted. Notice of intent to suspend or 1046
terminate shall be given by the Commission to the governor, 1047
the majority and minority leaders of the defaulting State's 1048
legislature, the defaulting State's State Licensing 1049
Authority and each of the Member States' State Licensing 1050
Authority. 1051
E. A State that has been terminated is responsible for 1052
all assessments, obligations, and liabilities incurred 1053
through the effective date of termination, including 1054
obligations that extend beyond the effective date of 1055
termination. 1056 SB 670 43
F. Upon the termination of a State's membership from 1057
this Compact, that State shall immediately provide notice to 1058
all Licensees within that State of such termination. The 1059
terminated State shall continue to recognize all licenses 1060
granted pursuant to this Compact for a minimum of six (6) 1061
months after the date of said notice of termination. 1062
G. The Commission shall not bear any costs related to 1063
a State that is found to be in default or that has been 1064
terminated from the Compact, unless agreed upon in writing 1065
between the Commission and the defaulting State. 1066
H. The defaulting State may appeal the action of th e 1067
Commission by petitioning the U.S. District Court for the 1068
District of Columbia or the federal district where the 1069
Commission has its principal offices. The prevailing party 1070
shall be awarded all costs of such litigation, including 1071
reasonable attorney's fees. 1072
I. Dispute Resolution 1073
1. Upon request by a Member State, the Commission 1074
shall attempt to resolve disputes related to the Compact 1075
that arise among Member States and between Member and non - 1076
Member States. 1077
2. The Commission shall promulgate a Rule providing 1078
for both mediation and binding dispute resolution for 1079
disputes as appropriate. 1080
J. Enforcement 1081
1. By majority vote as provided by Rule, the 1082
Commission may initiate legal action against a Member State 1083
in default in the United States District Court for the 1084
District of Columbia or the federal district where the 1085
Commission has its principal offices to enforce compliance 1086
with the provisions of the Compact and its promulgated 1087
Rules. The relief sought may include bot h injunctive relief 1088 SB 670 44
and damages. In the event judicial enforcement is 1089
necessary, the prevailing party shall be awarded all costs 1090
of such litigation, including reasonable attorney's fees. 1091
The remedies herein shall not be the exclusive remedies of 1092
the Commission. The Commission may pursue any other 1093
remedies available under federal or the defaulting Member 1094
State's law. 1095
2. A Member State may initiate legal action against 1096
the Commission in the U.S. District Court for the District 1097
of Columbia or the federal district where the Commission has 1098
its principal offices to enforce compliance with the 1099
provisions of the Compact and its promulgated Rules. The 1100
relief sought may include both injunctive relief and 1101
damages. In the event judicial enforceme nt is necessary, 1102
the prevailing party shall be awarded all costs of such 1103
litigation, including reasonable attorney's fees. 1104
3. No person other than a Member State shall enforce 1105
this compact against the Commission. 1106
SECTION 14. EFFECTIVE DATE, W ITHDRAWAL, AND AMENDMENT 1107
A. The Compact shall come into effect on the date on 1108
which the Compact statute is enacted into law in the seventh 1109
Member State. 1110
1. On or after the effective date of the Compact, the 1111
Commission shall convene and revie w the enactment of each of 1112
the first seven Member States ("Charter Member States") to 1113
determine if the statute enacted by each such Charter Member 1114
State is materially different than the model Compact statute. 1115
a. A Charter Member State whose enactm ent is found to 1116
be materially different from the model Compact statute shall 1117
be entitled to the default process set forth in Section 12. 1118
b. If any Member State is later found to be in 1119
default, or is terminated or withdraws from the Compact, the 1120 SB 670 45
Commission shall remain in existence and the Compact shall 1121
remain in effect even if the number of Member States should 1122
be less than seven. 1123
2. Member States enacting the Compact subsequent to 1124
the seven initial Charter Member States shall be subject to 1125
the process set forth in Section 9(C)(21) to determine if 1126
their enactments are materially different from the model 1127
Compact statute and whether they qualify for participation 1128
in the Compact. 1129
3. All actions taken for the benefit of the Commissio n 1130
or in furtherance of the purposes of the administration of 1131
the Compact prior to the effective date of the Compact or 1132
the Commission coming into existence shall be considered to 1133
be actions of the Commission unless specifically repudiated 1134
by the Commission. 1135
a. Any State that joins the Compact subsequent to the 1136
Commission's initial adoption of the Rules and bylaws shall 1137
be subject to the Rules and bylaws as they exist on the date 1138
on which the Compact becomes law in that State. Any Rule 1139
that has been previously adopted by the Commission shall 1140
have the full force and effect of law on the day the Compact 1141
becomes law in that State. 1142
b. Any Member State may withdraw from this Compact by 1143
enacting a statute repealing the same. 1144
1. A Member State's withdrawal shall not take effect 1145
until 180 days after enactment of the repealing statute. 1146
2. Withdrawal shall not affect the continuing 1147
requirement of the withdrawing State's Licensing Authority 1148
to comply with the investigative and Adve rse Action 1149
reporting requirements of this Compact prior to the 1150
effective date of withdrawal. 1151 SB 670 46
3. Upon the enactment of a statute withdrawing from 1152
this compact, a State shall immediately provide notice of 1153
such withdrawal to all Licensees within tha t State. 1154
Notwithstanding any subsequent statutory enactment to the 1155
contrary, such withdrawing State shall continue to recognize 1156
all licenses granted pursuant to this compact for a minimum 1157
of six (6) months after the date of such notice of 1158
withdrawal. 1159
a. Nothing contained in this Compact shall be 1160
construed to invalidate or prevent any licensure agreement 1161
or other cooperative arrangement between a Member State and 1162
a non-Member State that does not conflict with the 1163
provisions of this Compact. 1164
b. This Compact may be amended by the Member States. 1165
No amendment to this Compact shall become effective and 1166
binding upon any Member State until it is enacted into the 1167
laws of all Member States. 1168
SECTION 15. CONSTRUCTION AND SEVERABILITY 1169
A. This Compact and the Commission's rulemaking 1170
authority shall be liberally construed so as to effectuate 1171
the purposes, and the implementation and administration of 1172
the Compact. Provisions of the Compact expressly 1173
authorizing or requiring the promul gation of Rules shall not 1174
be construed to limit the Commission's rulemaking authority 1175
solely for those purposes. 1176
B. The provisions of this Compact shall be severable 1177
and if any phrase, clause, sentence or provision of this 1178
Compact is held by a co urt of competent jurisdiction to be 1179
contrary to the constitution of any Member State, a State 1180
seeking participation in the Compact, or of the United 1181
States, or the applicability thereof to any government, 1182
agency, person or circumstance is held to be 1183 SB 670 47
unconstitutional by a court of competent jurisdiction, the 1184
validity of the remainder of this Compact and the 1185
applicability thereof to any other government, agency, 1186
person or circumstance shall not be affected thereby. 1187
C. Notwithstanding subsection B of this section, the 1188
Commission may deny a State’s participation in the Compact 1189
or, in accordance with the requirements of Section 12.B, 1190
terminate a Member State's participation in the Compact, if 1191
it determines that a constitutional requirement of a Member 1192
State is a material departure from the Compact. Otherwise, 1193
if this Compact shall be held to be contrary to the 1194
constitution of any Member State, the Compact shall remain 1195
in full force and effect as to the remaining Member States 1196
and in full force and effect as to the Member State affected 1197
as to all severable matters. 1198
SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER 1199
STATE LAWS 1200
A. A Licensee providing services in a Remote State 1201
under a Multistate Authorization to Practice shall adhere to 1202
the laws and regulations, including laws, regulations, and 1203
applicable standards, of the Remote State where the client 1204
is located at the time care is rendered. 1205
B. Nothing herein shall prevent or inhibit the 1206
enforcement of any other law of a Member State that is not 1207
inconsistent with the Compact. 1208
C. Any laws, statutes, regulations, or other legal 1209
requirements in a Member State in conflict with the Compact 1210
are superseded to the extent of the conflict. 1211
D. All permissible agre ements between the Commission 1212
and the Member States are binding in accordance with their 1213
terms. 1214 SB 670 48
337.665. 1. As used in this section, the following 1
terms mean: 2
(1) "License", a license, certificate, registration, 3
permit, accreditation, or military occupational specialty 4
that enables a person to legally practice an occupation or 5
profession in a particular jurisdiction; 6
(2) "Military", the Armed Forces of the United States 7
including the Air Force, Army, Coast Guard, Mari ne Corps, 8
Navy, Space Force, National Guard, and any other military 9
branch that is designated by Congress as part of the Armed 10
Forces of the United States, and all reserve components and 11
auxiliaries. Such term also includes the military reserves 12
and militia of any United States territory or state; 13
(3) "Nonresident military spouse", a nonresident 14
spouse of an active duty member of the Armed Forces of the 15
United States who has been transferred or is scheduled to be 16
transferred to the state of M issouri, or who has been 17
transferred or is scheduled to be transferred to an adjacent 18
state and is or will be domiciled in the state of Missouri, 19
or has moved to the state of Missouri on a permanent change - 20
of-station basis; 21
(4) "Resident military spouse", a spouse of an active 22
duty member of the Armed Forces of the United States who has 23
been transferred or is scheduled to be transferred to the 24
state of Missouri or an adjacent state and who is a 25
permanent resident of the state of Missouri, who is 26
domiciled in the state of Missouri, or who has Missouri as 27
his or her home of record. 28
2. Each applicant for licensure as a baccalaureate 29
social worker shall furnish evidence to the committee that: 30 SB 670 49
(1) The applicant has a baccalaureate deg ree in social 31
work from an accredited social work degree program approved 32
by the council of social work education; 33
(2) The applicant has achieved a passing score, as 34
defined by the committee, on an examination approved by the 35
committee. The eligibility requirements for such 36
examination shall be determined by the state committee for 37
social work; 38
(3) The applicant is at least eighteen years of age, 39
is a United States citizen or has status as a legal resident 40
alien, and has not been finall y adjudicated and found 41
guilty, or entered a plea of guilty or nolo contendere, in a 42
criminal prosecution under the laws of any state, of the 43
United States, or of any country, for any offense directly 44
related to the duties and responsibilities of the 45
occupation, as set forth in section 324.012, regardless of 46
whether or not sentence is imposed; 47
(4) The applicant has submitted a written application 48
on forms prescribed by the state board; 49
(5) The applicant has submitted the required licensin g 50
fee, as determined by the committee. 51
[2.] 3. Any applicant who answers in the affirmative 52
to any question on the application that relates to possible 53
grounds for denial of licensure pursuant to section 337.630 54
shall submit a sworn affidavit set ting forth in detail the 55
facts which explain such answer and copies of appropriate 56
documents related to such answer. 57
[3.] 4. The committee shall issue a license to each 58
person who files an application and fee as required by the 59
provisions of sections 337.600 to 337.689 and who furnishes 60
evidence satisfactory to the committee that the applicant 61 SB 670 50
has complied with the provisions of subsection 1 of this 62
section. 63
[4.] 5. The committee shall issue a certificate to 64
practice independently under subsection 3 of section 337.653 65
to any licensed baccalaureate social worker who has 66
satisfactorily completed three thousand hours of supervised 67
experience with a qualified baccalaureate supervisor in no 68
less than twenty-four months and no more than for ty-eight 69
consecutive calendar months. 70
6. (1) Any person who holds a valid current 71
baccalaureate social work license issued by another state, a 72
branch or unit of the military, a territory of the United 73
States, or the District of Columbia, and who has been 74
licensed for at least one year in such other jurisdiction, 75
may submit an application for a baccalaureate social work 76
license in Missouri along with proof of current licensure 77
and proof of licensure for at least one year in the other 78
jurisdiction, to the committee. 79
(2) The committee shall: 80
(a) Within six months of receiving an application 81
described in subsection 2 of this section, waive any 82
examination, educational, or experience requirements for 83
licensure in this state for the applicant if it determines 84
that there were minimum education requirements and, if 85
applicable, work experience and clinical supervision 86
requirements in effect and the other state verifies that the 87
person met those requirements in order to be licensed or 88
certified in that state. The committee may require an 89
applicant to take and pass an examination specific to the 90
laws of this state; or 91
(b) Within thirty days of receiving an application 92
described in subsection 2 of this section from a nonreside nt 93 SB 670 51
military spouse or a resident military spouse, waive any 94
examination, educational, or experience requirements for 95
licensure in this state for the applicant and issue such 96
applicant a license under this subsection if such applicant 97
otherwise meets the requirements of this section. 98
(3) (a) The committee shall not waive any 99
examination, educational, or experience requirements for any 100
applicant who has had his or her license revoked by a 101
committee outside the state; who is currently under 102
investigation, who has a complaint pending, or who is 103
currently under disciplinary action, except as provided in 104
paragraph (b) of this subdivision, with a licensing 105
authority outside the state; who does not hold a license in 106
good standing with a licensing authority outside the state; 107
who has a criminal record that would disqualify him or her 108
for licensure in Missouri; or who does not hold a valid 109
current license in the other jurisdiction on the date the 110
committee receives his or her application under t his section. 111
(b) If another jurisdiction has taken disciplinary 112
action against an applicant, the committee shall determine 113
if the cause for the action was corrected and the matter 114
resolved. If the matter has not been resolved by that 115
jurisdiction, the committee may deny a license until the 116
matter is resolved. 117
(4) Nothing in this subsection shall prohibit the 118
committee from denying a license to an applicant under this 119
subsection for any reason described in section 337.630. 120
(5) Any person who is licensed under the provisions of 121
this subsection shall be subject to the committee's 122
jurisdiction and all rules and regulations pertaining to the 123
practice as a licensed baccalaureate social worker in this 124
state. 125 SB 670 52
(6) This subsection shall not be construed to waive 126
any requirement for an applicant to pay any fees. 127
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