North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S155 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 2
	3	+	S 1
4	4		SENATE BILL 155
5		-	~~Judiciary Committee Substitute Adopted 3/12/25~~
	5	+
6	6
7	7		Short Title: Social Work Interstate Licensure Compact. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Senators Corbin, Hise, and Burgin (Primary Sponsors).
	9	+	Referred to: Rules and Operations of the Senate
10	10		February 26, 2025
11		-	S155 -v-2
	11	+	S155 -v-1
12	12		A BILL TO BE ENTITLED 1
13	13		AN ACT TO ESTABLISH AND ENTER INTO AN INTERSTATE COMPACT FOR THE 2
14	14		PRACTICE OF SOCIAL WORK. 3
15	15		The General Assembly of North Carolina enacts: 4
16	16		SECTION 1.(a) Chapter 90B of the General Statutes is amended by adding a new 5
17	17		Article 1 to be titled the "Social Worker Certification and Licensure Act." The following statutes 6
18	18		constitute the new Article 1: G.S. 90B-1, 90B-2, 90B-3, 90B-4, 90B-5, 90B-6, 90B-6.1, 90B-6.2, 7
19	19		90B-7, 90B-8, 90B-9, 90B-9.1, 90B-10, 90B-11, 90B-12, 90B-13, 90B-14, 90B-15, and 90B-16. 8
20	20		SECTION 1.(b) Chapter 90B of the General Statutes is retitled as "Social Worker 9
21	21		Certification and Licensure." 10
22	22		SECTION 1.(c) G.S. 90B-1 reads as rewritten: 11
23	23		"§ 90B-1. Short title. 12
24	24		This Chapter Article shall be known as the "Social Worker Certification and Licensure Act."" 13
25	25		SECTION 2. Chapter 90B of the General Statutes is amended by adding a new 14
26	26		Article to read: 15
27	27		"Article 2. 16
28	28		"Social Work Licensure Compact. 17
29	29		"§ 90B-20. Purpose. 18
30	30		The purpose of this Compact is to facilitate interstate practice of regulated social workers by 19
31	31		improving public access to social work services. The Compact preserves the regulatory authority 20
32	32		of states to protect public health and safety through the current system of state licensure. This 21
33	33		Compact is designed to achieve the following objectives: 22
34	34		(1) Increase public access to social work services. 23
35	35		(2) Reduce overly burdensome and duplicative requirements associated with 24
36	36		holding multiple licenses. 25
37	37		(3) Enhance the member states' ability to protect the public's health and safety. 26
38	38		(4) Encourage the cooperation of member states in regulating multistate practice. 27
39	39		(5) Promote mobility and address workforce shortages by eliminating the 28
40	40		necessity for licenses in multiple states by providing for the mutual 29
41	41		recognition of other member state licenses. 30
42	42		(6) Support military families. 31
43	43		(7) Facilitate the exchange of licensure and disciplinary information among 32
44	44		member states. 33
45	45		(8) Authorize all member states to hold a regulated social worker accountable for 34
46	46		abiding by the member state's laws, regulations, and applicable professional 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 155-~~Second~~ Edition
	47	+	Page 2 Senate Bill 155-First Edition
48	48		standards in the member state in which the client is located at the time care is 1
49	49		rendered. 2
50	50		(9) Allow for the use of telehealth to facilitate increased access to social work 3
51	51		services. 4
52	52		"§ 90B-21. Definitions. 5
53	53		As used in this Compact, and except as otherwise provided, the following definitions shall 6
54	54		apply: 7
55	55		(1) Active military member. – Any individual in full-time duty status in the active 8
56	56		Armed Forces of the United States, including members of the National Guard 9
57	57		and Reserve. 10
58	58		(2) Adverse action. – Any administrative, civil, equitable, or criminal action 11
59	59		permitted by a state's laws which is imposed by a licensing authority or other 12
60	60		authority against a regulated social worker, including actions against an 13
61	61		individual's license or multistate authorization to practice such as revocation, 14
62	62		suspension, probation, monitoring of the licensee, limitation on the licensee's 15
63	63		practice, or any other encumbrance on licensure affecting a regulated social 16
64	64		worker's authorization to practice, including issuance of a cease and desist 17
65	65		action. 18
66	66		(3) Alternative program. – A nondisciplinary monitoring process or practice 19
67	67		remediation process approved by a licensing authority to address practitioners 20
68	68		with an impairment. 21
69	69		(4) Charter member states. – Member states who have enacted legislation to adopt 22
70	70		this Compact where such legislation predates the effective date of this 23
71	71		Compact, as defined in this Article. 24
72	72		(5) Compact Commission or Commission. – The government agency whose 25
73	73		membership consists of all states that have enacted this Compact which is 26
74	74		known as the Social Work Licensure Compact Commission, as defined in this 27
75	75		Article, and which shall operate as an instrumentality of the member states. 28
76	76		(6) Current significant investigative information. – Investigative information that 29
77	77		(i) a licensing authority, after a preliminary inquiry that includes notification 30
78	78		and an opportunity for the regulated social worker to respond has reason to 31
79	79		believe is not groundless and, if proved true, would indicate more than a minor 32
80	80		infraction, as may be defined by the Commission, or (ii) indicates that the 33
81	81		regulated social worker represents an immediate threat to public health and 34
82	82		safety, as may be defined by the Commission, regardless of whether the 35
83	83		regulated social worker has been notified and has had an opportunity to 36
84	84		respond. 37
85	85		(7) Data system. – A repository of information about licensees, including, but not 38
86	86		limited to, continuing education, examination, licensure, current significant 39
87	87		investigative information, disqualifying events, multistate license or licenses, 40
88	88		and adverse action information or other information as required by the 41
89	89		Commission. 42
90	90		(8) Domicile. – The jurisdiction in which the licensee resides and intends to 43
91	91		remain indefinitely. 44
92	92		(9) Disqualifying event. – Any adverse action or incident which results in an 45
93	93		encumbrance that disqualifies or makes the licensee ineligible to either obtain, 46
94	94		retain, or renew a multistate license. 47
95	95		(10) Encumbrance. – A revocation or suspension of, or any limitation on, the full 48
96	96		and unrestricted practice of social work licensed and regulated by a licensing 49
97	97		authority. 50 General Assembly Of North Carolina Session 2025
98		-	Senate Bill 155-~~Second~~ Edition Page 3
	98	+	Senate Bill 155-First Edition Page 3
99	99		(11) Executive Committee. – A group of delegates elected or appointed to act on 1
100	100		behalf of, and within the powers granted to them by, the Compact and 2
101	101		Commission. 3
102	102		(12) Home state. – The member state that is the licensee's primary state of domicile. 4
103	103		(13) Impairment. – A condition that may impair a practitioner's ability to engage 5
104	104		in full and unrestricted practice as a regulated social worker without some type 6
105	105		of intervention and may include, but is not limited to, alcohol and drug 7
106	106		dependence, mental health impairment, and neurological or physical 8
107	107		impairments. 9
108	108		(14) Licensee. – An individual who currently holds a license from the state to 10
109	109		practice as a regulated social worker. 11
110	110		(15) Licensing authority. – The board or agency of a member state, or equivalent, 12
111	111		that is responsible for the licensing and regulation of regulated social workers. 13
112	112		(16) Member state. – A state, commonwealth, district, or territory of the United 14
113	113		States of America that has enacted this Compact. 15
114	114		(17) Multistate authorization to practice. – A legally authorized privilege to 16
115	115		practice, which is equivalent to a license, associated with a multistate license 17
116	116		permitting the practice of social work in a remote state. 18
117	117		(18) Multistate license. – A license to practice as a regulated social worker issued 19
118	118		by a home state licensing authority that authorizes the regulated social worker 20
119	119		to practice in all member states under multistate authorization to practice. 21
120	120		(19) Qualifying national exam. – A national licensing examination approved by the 22
121	121		Commission. 23
122	122		(20) Regulated social worker. – Any clinical, master's, or bachelor's social worker 24
123	123		licensed by a member state regardless of the title used by that member state. 25
124	124		(21) Remote state. – A member state other than the licensee's home state. 26
125		-	(22) Rule(s) or rule(s) of the Commission. – A regulation or ~~regulations~~ 27
	125	+	(22) Rule(s) or rule(s) of the Commission. – A regulation or regulation 27
126	126		promulgated by the Commission, as authorized by the Compact, that has the 28
127	127		force of law. 29
128	128		(23) Single-state license. – A social work license issued by any state that authorizes 30
129	129		practice only within the issuing state and does not include multistate 31
130	130		authorization to practice in any member state. 32
131	131		(24) Social work or social work services. – The application of social work theory, 33
132	132		knowledge, methods, ethics, and the professional use of self to restore or 34
133	133		enhance social, psychosocial, or biopsychosocial functioning of individuals, 35
134	134		couples, families, groups, organizations, and communities through the care 36
135	135		and services provided by a regulated social worker as set forth in the member 37
136	136		state's statutes and regulations in the state where the services are being 38
137	137		provided. 39
138	138		(25) State. – Any state, commonwealth, district, or territory of the United States of 40
139	139		America that regulates the practice of social work. 41
140	140		(26) Unencumbered license. – A license that authorizes a regulated social worker 42
141	141		to engage in the full and unrestricted practice of social work. 43
142	142		"§ 90B-22. State participation in Compact. 44
143	143		(a) To be eligible to participate in the Compact, a potential member state must currently 45
144	144		meet all of the following criteria: 46
145	145		(1) License and regulate the practice of social work at either the clinical, master's, 47
146	146		or bachelor's category. 48
147	147		(2) Require applicants for licensure to graduate from a program that (i) 49
148	148		corresponds to the licensure sought as outlined in G.S. 90B-23, (ii) is operated 50
149	149		by a college or university recognized by the licensing authority, and (iii) is 51 General Assembly Of North Carolina Session 2025
150		-	Page 4 Senate Bill 155-~~Second~~ Edition
	150	+	Page 4 Senate Bill 155-First Edition
151	151		accredited, or in candidacy by an institution that subsequently becomes 1
152	152		accredited, by an accrediting agency recognized by either of the following: 2
153	153		a. The Council for Higher Education Accreditation, or its successor. 3
154	154		b. The United States Department of Education. 4
155	155		(3) Require applicants for clinical licensure to complete a period of supervised 5
156	156		practice. 6
157	157		(4) Have a mechanism in place for receiving, investigating, and adjudicating 7
158	158		complaints about licensees. 8
159	159		(b) To maintain membership in the Compact, a member state shall meet all of the 9
160	160		following: 10
161	161		(1) Require applicants for a multistate license pass a qualifying national exam for 11
162	162		the corresponding category of multistate license sought as outlined in 12
163	163		G.S. 90B-23. 13
164	164		(2) Participate fully in the Commission's data system, including using the 14
165	165		Commission's unique identifier as defined in rules. 15
166	166		(3) Notify the Commission, in compliance with the terms of the Compact and 16
167	167		rules, of any adverse action or the availability of current significant 17
168	168		investigative information regarding a licensee. 18
169	169		(4) Implement procedures for considering the criminal history records of 19
170	170		applicants for a multistate license. Such procedures shall include the 20
171	171		submission of fingerprints or other biometric-based information by applicants 21
172	172		for the purpose of obtaining an applicant's criminal history record information 22
173	173		from the Federal Bureau of Investigation and the agency responsible for 23
174	174		retaining that state's criminal records. 24
175	175		(5) Comply with the Rules of the Commission. 25
176	176		(6) Require an applicant to obtain or retain a license in the home state and meet 26
177	177		the home state's qualifications for licensure or renewal of licensure, as well as 27
178	178		all other applicable home state laws. 28
179	179		(7) Authorize a licensee holding a multistate license in any member state to 29
180	180		practice in accordance with the terms of the Compact and Rules of the 30
181	181		Commission. 31
182	182		(8) Designate a delegate to participate in the Commission meetings. 32
183	183		(c) A member state meeting the requirements of subsections (a) and (b) of this section of 33
184	184		this Compact shall designate the categories of social work licensure that are eligible for issuance 34
185	185		of a multistate license for applicants in such member state. To the extent that any member state 35
186	186		does not meet the requirements for participation in the Compact at any particular category of 36
187	187		social work licensure, such member state may choose, but is not obligated to, issue a multistate 37
188	188		license to applicants that otherwise meet the requirements of G.S. 90B-23 for issuance of a 38
189	189		multistate license in such category or categories of licensure. 39
190	190		(d) The home state may charge a fee for granting the multistate license. 40
191	191		"§ 90B-23. Social worker participation in the Compact. 41
192	192		(a) To be eligible for a multistate license under the terms and provisions of the Compact, 42
193	193		an applicant, regardless of category, must do all of the following: 43
194	194		(1) Hold or be eligible for an active, unencumbered license in the home state. 44
195	195		(2) Pay any applicable fees, including any state fee, for the multistate license. 45
196	196		(3) Submit, in connection with an application for a multistate license, fingerprints 46
197	197		or other biometric data for the purpose of obtaining criminal history record 47
198	198		information from the Federal Bureau of Investigation and the agency 48
199	199		responsible for retaining that state's criminal records. 49 General Assembly Of North Carolina Session 2025
200		-	Senate Bill 155-~~Second~~ Edition Page 5
	200	+	Senate Bill 155-First Edition Page 5
201	201		(4) Notify the home state of any adverse action, encumbrance, or restriction on 1
202	202		any professional license taken by any member state or non-member state 2
203	203		within 30 days from the date the action is taken. 3
204	204		(5) Meet any continuing competence requirements established by the home state. 4
205	205		(6) Abide by the laws, regulations, and applicable standards in the member state 5
206	206		where the client is located at the time care is rendered. 6
207	207		(b) An applicant for a clinical-category multistate license must meet all of the following 7
208	208		requirements: 8
209	209		(1) Fulfill a competency requirement, which shall be satisfied by either of the 9
210	210		following: 10
211	211		a. Passage of a clinical category qualifying national exam. 11
212	212		b. Licensure of the applicant in their home state at the clinical category, 12
213	213		beginning prior to such time as a qualifying national exam was 13
214	214		required by the home state and accompanied by a period of continuous 14
215	215		social work licensure thereafter, all of which may be further governed 15
216	216		by the rules of the Commission. 16
217	217		c. The substantial equivalency of the foregoing competency 17
218	218		requirements which the Commission may determine by rule. 18
219	219		(2) Attain at least a master's degree in social work from a program that is both of 19
220	220		the following: 20
221	221		a. Operated by a college or university recognized by the licensing 21
222	222		authority. 22
223	223		b. Accredited, or in candidacy that subsequently becomes accredited, by 23
224	224		an accrediting agency recognized by either of the following: 24
225	225		1. The Council for Higher Education Accreditation, or its 25
226	226		successor. 26
227	227		2. The United States Department of Education. 27
228	228		(3) Fulfill a practice requirement, which shall be satisfied by demonstrating 28
229		-	completion of ~~any~~ of the following: 29
	229	+	completion of either of the following: 29
230	230		a. A period of postgraduate supervised clinical practice equal to a 30
231	231		minimum of 3,000 hours. 31
232	232		b. A minimum of two years of full-time postgraduate supervised clinical 32
233	233		practice. 33
234	234		c. The substantial equivalency of the foregoing practice requirements 34
235	235		which the Commission may determine by rule. 35
236	236		(c) An applicant for a master's category multistate license must meet all of the following 36
237	237		requirements: 37
238		-	(1) Fulfill a competency requirement, which shall be satisfied by ~~any~~ of the 38
	238	+	(1) Fulfill a competency requirement, which shall be satisfied by either of the 38
239	239		following: 39
240	240		a. Passage of a master's category qualifying national exam. 40
241	241		b. Licensure of the applicant in their home state at the master's category, 41
242	242		beginning prior to such time as a qualifying national exam was 42
243	243		required by the home state at the master's category and accompanied 43
244	244		by a period of continuous social work licensure thereafter, all of which 44
245	245		may be further governed by the rules of the Commission. 45
246	246		c. The substantial equivalency of the foregoing competency 46
247	247		requirements which the Commission may determine by rule. 47
248	248		(2) Attain at least a master's degree in social work from a program that is both of 48
249	249		the following: 49
250	250		a. Operated by a college or university recognized by the licensing 50
251	251		authority. 51 General Assembly Of North Carolina Session 2025
252		-	Page 6 Senate Bill 155-~~Second~~ Edition
	252	+	Page 6 Senate Bill 155-First Edition
253	253		b. Accredited, or in candidacy that subsequently becomes accredited, by 1
254	254		an accrediting agency recognized by either of the following: 2
255	255		1. The Council for Higher Education Accreditation, or its 3
256	256		successor. 4
257	257		2. The United States Department of Education. 5
258	258		(d) An applicant for a bachelor's category multistate license must meet all of the 6
259	259		following requirements: 7
260		-	(1) Fulfill a competency requirement, which shall be satisfied by ~~any~~ of the 8
	260	+	(1) Fulfill a competency requirement, which shall be satisfied by either of the 8
261	261		following: 9
262	262		a. Passage of a bachelor's category qualifying national exam. 10
263	263		b. Licensure of the applicant in their home state at the bachelor's 11
264	264		category, beginning prior to such time as a qualifying national exam 12
265	265		was required by the home state and accompanied by a period of 13
266	266		continuous social work licensure thereafter, all of which may be 14
267	267		further governed by the rules of the Commission. 15
268	268		c. The substantial equivalency of the foregoing competency 16
269	269		requirements which the Commission may determine by rule. 17
270	270		(2) Attain at least a bachelor's degree in social work from a program that is both 18
271	271		of the following: 19
272	272		a. Operated by a college or university recognized by the licensing 20
273	273		authority. 21
274	274		b. Accredited, or in candidacy that subsequently becomes accredited, by 22
275	275		an accrediting agency recognized by either of the following: 23
276	276		1. The Council for Higher Education Accreditation, or its 24
277	277		successor. 25
278	278		2. The United States Department of Education. 26
279	279		(e) The multistate license for a regulated social worker is subject to the renewal 27
280	280		requirements of the home state. The regulated social worker must maintain compliance with the 28
281		-	requirements of ~~subsection~~ (a) ~~of this section~~ to be eligible to renew a multistate license. 29
	281	+	requirements of G.S. 90B-23(a) to be eligible to renew a multistate license. 29
282	282		(f) The regulated social worker's services in a remote state are subject to that member 30
283	283		state's regulatory authority. A remote state may, in accordance with due process and that member 31
284	284		state's laws, remove a regulated social worker's multistate authorization to practice in the remote 32
285	285		state for a specific period of time, impose fines, and take any other necessary actions to protect 33
286	286		the health and safety of its citizens. 34
287	287		(g) If a multistate license is encumbered, the regulated social worker's multistate 35
288	288		authorization to practice shall be deactivated in all remote states until the multistate license is no 36
289	289		longer encumbered. 37
290	290		(h) If a multistate authorization to practice is encumbered in a remote state, the regulated 38
291	291		social worker's multistate authorization to practice may be deactivated in that state until the 39
292	292		multistate authorization to practice is no longer encumbered. 40
293	293		"§ 90B-24. Issuance of a multistate license. 41
294	294		(a) Upon receipt of an application for multistate license, the home state licensing 42
295	295		authority shall determine the applicant's eligibility for a multistate license in accordance with this 43
296	296		Compact. 44
297	297		(b) If such applicant is eligible pursuant to G.S. 90B-23 of this Compact, the home state 45
298	298		licensing authority shall issue a multistate license that authorizes the applicant or regulated social 46
299	299		worker to practice in all member states under a multistate authorization to practice. 47
300	300		(c) Upon issuance of a multistate license, the home state licensing authority shall 48
301	301		designate whether the regulated social worker holds a multistate license in the bachelor's, 49
302	302		master's, or clinical category of social work. 50 General Assembly Of North Carolina Session 2025
303		-	Senate Bill 155-~~Second~~ Edition Page 7
	303	+	Senate Bill 155-First Edition Page 7
304	304		(d) A multistate license issued by a home state to a resident in that state shall be 1
305	305		recognized by all Compact member states as authorizing social work practice under a multistate 2
306	306		authorization to practice corresponding to each category of licensure regulated in each member 3
307	307		state. 4
308	308		"§ 90B-25. Authority of Interstate Compact Commission and member state licensing 5
309	309		authorities. 6
310	310		(a) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 7
311	311		restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, 8
312	312		or other rules related to the practice of social work in that state, where those laws, regulations, or 9
313	313		other rules are not inconsistent with the provisions of this Compact. 10
314	314		(b) Nothing in this Compact, shall affect the requirements established by a member state 11
315	315		for the issuance of a single state license. 12
316	316		(c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 13
317	317		restrict, or in any way reduce the ability of a member state to take adverse action against a 14
318	318		licensee's single state license to practice social work in that state. 15
319	319		(d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 16
320	320		restrict, or in any way reduce the ability of a remote state to take adverse action against a 17
321	321		licensee's multistate authorization to practice in that state. 18
322	322		(e) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, 19
323	323		restrict, or in any way reduce the ability of a licensee's home state to take adverse action against 20
324	324		a licensee's multistate license based upon information provided by a remote state. 21
325	325		"§ 90B-26. Reissuance of a multistate license by a new home state. 22
326	326		(a) A licensee may hold a multistate license, issued by their home state, in only one 23
327	327		member state at any given time. 24
328	328		(b) If a licensee changes their home state by moving between two member states: 25
329	329		(1) The licensee shall immediately apply for the reissuance of their multistate 26
330	330		license in their new home state. The licensee shall pay all applicable fees and 27
331	331		notify the prior home state in accordance with the rules of the Commission. 28
332	332		(2) Upon receipt of an application to reissue a multistate license, the new home 29
333	333		state shall verify that the multistate license is active, unencumbered, and 30
334	334		eligible for reissuance under the terms of the Compact and the rules of the 31
335	335		Commission. The multistate license issued by the prior home state will be 32
336	336		deactivated and all member states notified in accordance with the applicable 33
337	337		rules adopted by the Commission. 34
338	338		(3) Prior to the reissuance of the multistate license, the new home state shall 35
339	339		conduct procedures for considering the criminal history records of the 36
340	340		licensee. Such procedures shall include the submission of fingerprints or other 37
341	341		biometric-based information by applicants for the purpose of obtaining an 38
342	342		applicant's criminal history record information from the Federal Bureau of 39
343	343		Investigation and the agency responsible for retaining that state's criminal 40
344	344		records. 41
345	345		(4) If required for initial licensure, the new home state may require completion of 42
346	346		jurisprudence requirements in the new home state. 43
347	347		(5) Notwithstanding any other provision of this Compact, if a licensee does not 44
348	348		meet the requirements set forth in this Compact for the reissuance of a 45
349	349		multistate license by the new home state, then the licensee shall be subject to 46
350	350		the new home state requirements for the issuance of a single state license in 47
351	351		that state. 48
352	352		(c) If a licensee changes their primary state of residence by moving from a member state 49
353	353		to a non-member state, or from a non-member state to a member state, then the licensee shall be 50
354	354		subject to the state requirements for the issuance of a single state license in the new home state. 51 General Assembly Of North Carolina Session 2025
355		-	Page 8 Senate Bill 155-~~Second~~ Edition
	355	+	Page 8 Senate Bill 155-First Edition
356	356		(d) Nothing in this Compact shall interfere with a licensee's ability to hold a single state 1
357	357		license in multiple states; however, for the purposes of this Compact, a licensee shall have only 2
358	358		one home state, and only one multistate license. 3
359	359		(e) Nothing in this Compact shall interfere with the requirements established by a 4
360	360		member state for the issuance of a single state license. 5
361	361		"§ 90B-27. Military families. 6
362	362		An active military member or their spouses shall designate a home state where the individual 7
363	363		has a multistate license. The individual may retain their home state designation during the period 8
364	364		the service member is on active duty. 9
365	365		"§ 90B-28. Adverse action. 10
366	366		(a) In addition to the other powers conferred by state law, a remote state shall have the 11
367	367		authority, in accordance with existing state due process law, to do the following: 12
368	368		(1) Take adverse action against a regulated social worker's multistate 13
369	369		authorization to practice only within that member state, and issue subpoenas 14
370	370		for both hearings and investigations that require the attendance and testimony 15
371	371		of witnesses as well as the production of evidence. Subpoenas issued by a 16
372	372		licensing authority in a member state for the attendance and testimony of 17
373	373		witnesses or the production of evidence from another member state shall be 18
374	374		enforced in the latter state by any court of competent jurisdiction, according 19
375	375		to the practice and procedure of that court applicable to subpoenas issued in 20
376	376		proceedings pending before it. The issuing authority shall pay any witness 21
377	377		fees, travel expenses, mileage, and other fees required by the service statutes 22
378	378		of the state in which the witnesses or evidence are located. 23
379	379		(2) Only the home state shall have the power to take adverse action against a 24
380	380		regulated social worker's multistate license. 25
381	381		(b) For purposes of taking adverse action, the home state shall give the same priority and 26
382	382		effect to reported conduct received from a member state as it would if the conduct had occurred 27
383	383		within the home state. In so doing, the home state shall apply its own state laws to determine 28
384	384		appropriate action. 29
385	385		(c) The home state shall complete any pending investigations of a regulated social worker 30
386	386		who changes their home state during the course of the investigations. The home state shall also 31
387	387		have the authority to take appropriate action and shall promptly report the conclusions of the 32
388	388		investigations to the administrator of the data system. The administrator of the data system shall 33
389	389		promptly notify the new home state of any adverse actions. 34
390	390		(d) A member state, if otherwise permitted by state law, may recover from the affected 35
391	391		regulated social worker the costs of investigations and dispositions of cases resulting from any 36
392	392		adverse action taken against that regulated social worker. 37
393	393		(e) A member state may take adverse action based on the factual findings of another 38
394	394		member state, provided that the member state follows its own procedures for taking the adverse 39
395	395		action. 40
396	396		(f) Joint investigations: 41
397	397		(1) In addition to the authority granted to a member state by its respective social 42
398	398		work practice act or other applicable state law, any member state may 43
399	399		participate with other member states in joint investigations of licensees. 44
400	400		(2) Member states shall share any investigative, litigation, or compliance 45
401	401		materials in furtherance of any joint or individual investigation initiated under 46
402	402		the Compact. 47
403	403		(g) If adverse action is taken by the home state against the multistate license of a regulated 48
404	404		social worker, the regulated social worker's multistate authorization to practice in all other 49
405	405		member states shall be deactivated until all encumbrances have been removed from the multistate 50
406	406		license. All home state disciplinary orders that impose adverse action against the license of a 51 General Assembly Of North Carolina Session 2025
407		-	Senate Bill 155-~~Second~~ Edition Page 9
	407	+	Senate Bill 155-First Edition Page 9
408	408		regulated social worker shall include a statement that the regulated social worker's multistate 1
409	409		authorization to practice is deactivated in all member states until all conditions of the decision, 2
410	410		order, or agreement are satisfied. 3
411	411		(h) If a member state takes adverse action, it shall promptly notify the administrator of 4
412	412		the data system. The administrator of the data system shall promptly notify the home state and 5
413	413		all other member states of any adverse actions by remote states. 6
414	414		(i) Nothing in this Compact shall override a member state's decision that participation in 7
415	415		an alternative program may be used in lieu of adverse action. Nothing in this Compact shall 8
416	416		authorize a member state to demand the issuance of subpoenas for attendance and testimony of 9
417	417		witnesses or the production of evidence from another member state for lawful actions within that 10
418	418		member state. 11
419	419		(j) Nothing in this Compact shall authorize a member state to impose discipline against 12
420	420		a regulated social worker who holds a multistate authorization to practice for lawful actions 13
421	421		within another member state. 14
422	422		"§ 90B-29. Establishment of Social Work Licensure Compact Commission. 15
423	423		(a) Establishment. – The Compact member states hereby create and establish a joint 16
424	424		government agency whose membership consists of all member states that have enacted the 17
425	425		Compact known as the Social Work Licensure Compact Commission. The Commission is an 18
426	426		instrumentality of the Compact states acting jointly and not an instrumentality of any one state. 19
427	427		The Commission shall come into existence on or after the effective date of the Compact as set 20
428	428		forth in this Article. 21
429	429		(b) Membership; Voting; Meetings. – Each member state shall have and be limited to one 22
430	430		delegate selected by that member state's licensing authority. The delegate shall be either (i) a 23
431	431		current member of the state licensing authority, who is a regulated social worker or public 24
432	432		member of the state licensing authority, or (ii) an administrator of the state licensing authority or 25
433	433		their designee. The Commission shall by rule or bylaw establish a term of office for delegates 26
434	434		and may by rule or bylaw establish term limits. The Commission may recommend removal or 27
435		-	suspension of any delegate from office. The member state licensing authority shall fill any 28
436		-	vacancy occurring in the Commission within 60 days of the vacancy. Each delegate shall be 29
437		-	entitled to one vote on all matters before the Commission requiring a vote by Commission 30
438		-	delegates. 31
439		-	A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws 32
440		-	may provide for delegates to meet by telecommunication, video conference, or other means of 33
441		-	communication. The Commission shall meet at least once during each calendar year. Additional 34
442		-	meetings shall be held as set forth in the bylaws. The Commission may meet by 35
443		-	telecommunication, video conference, or other similar electronic means. 36
444		-	(c) Powers; Duties. – The Commission shall have the following powers and duties: 37
445		-	(1) Establish a code of conduct and conflict of interest policies. 38
446		-	(2) Establish the fiscal year of the Commission. 39
447		-	(3) Establish and amend rules and bylaws. 40
448		-	(4) Maintain its financial records in accordance with the bylaws. 41
449		-	(5) Meet and take such actions as are consistent with the provisions of this 42
450		-	Compact, the Commission's rules, and the bylaws. 43
451		-	(6) Maintain and certify records and information provided to a member state as 44
452		-	the authenticated business records of the Commission, and designate an agent 45
453		-	to do so on the Commission's behalf. 46
454		-	(7) Initiate and conclude legal proceedings or actions in the name of the 47
455		-	Commission, provided that the standing of any state licensing authority to sue 48
456		-	or be sued under applicable law shall not be affected. 49
457		-	(8) Purchase and maintain insurance and bonds. 50 General Assembly Of North Carolina Session 2025
458		-	Page 10 Senate Bill 155-Second Edition
459		-	(9) Borrow, accept, or contract for services of personnel, including, but not 1
460		-	limited to, employees of a member state. 2
461		-	(10) Conduct an annual financial review. 3
462		-	(11) Hire employees, elect or appoint officers, fix compensation, define duties, 4
463		-	grant such individuals appropriate authority to carry out the purposes of the 5
464		-	Compact, and establish the Commission's personnel policies and programs 6
465		-	relating to conflicts of interest, qualifications of personnel, and other related 7
466		-	personnel matters. 8
467		-	(12) Assess and collect fees. 9
468		-	(13) Accept any and all appropriate gifts, donations, grants of money, other sources 10
469		-	of revenue, equipment, supplies, materials and services, and receive, utilize, 11
470		-	and dispose of the same, provided that at all times the Commission shall avoid 12
471		-	any appearance of impropriety and conflict of interest. 13
472		-	(14) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, 14
473		-	hold, improve, or use, any property, real, personal, or mixed, or any undivided 15
474		-	interest therein. 16
475		-	(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 17
476		-	dispose of any property, real, personal, or mixed. 18
477		-	(16) Establish a budget and make expenditures. 19
478		-	(17) Borrow money. 20
479		-	(18) Appoint committees, including standing committees composed of members, 21
480		-	state regulators, state legislators or their representatives, and consumer 22
481		-	representatives, and such other interested persons as may be designated in this 23
482		-	Compact and the bylaws. 24
483		-	(19) Provide and receive information from, and cooperate with, law enforcement 25
484		-	agencies. 26
485		-	(20) Establish and elect an Executive Committee, including a chair and vice-chair. 27
486		-	(21) Determine whether a state's adopted language is materially different from the 28
487		-	model Compact language such that the State would not qualify for 29
488		-	participation in the Compact. 30
489		-	(22) Perform such other functions as may be necessary or appropriate to achieve 31
490		-	the purposes of this Compact. 32
491		-	(d) Executive Committee. – The Executive Committee shall have the power to act on 33
492		-	behalf of the Commission according to the terms of this Compact. 34
493		-	(1) The Executive Committee shall be composed of 11 members, as follows: 35
494		-	a. The chair and vice-chair of the Commission shall be voting members 36
495		-	of the Executive Committee. 37
496		-	b. Five voting members who are elected by the Commission from the 38
497		-	current membership of the Commission. 39
498		-	c. Up to four ex officio, nonvoting members from four recognized 40
499		-	national social work organizations, selected by their respective 41
500		-	organizations. 42
501		-	(3) The Commission may remove any member of the Executive Committee as 43
502		-	provided in the bylaws. 44
503		-	(4) The Executive Committee shall meet at least annually. 45
504		-	(5) Executive Committee meetings shall be open to the public, except that the 46
505		-	Executive Committee may meet in a closed, nonpublic meeting as provided 47
506		-	by this Article. The Executive Committee shall give seven days' notice of its 48
507		-	meetings, posted on its website and as determined to provide notice to persons 49
508		-	with an interest in the business of the Commission. The Executive Committee 50
509		-	may hold a special meeting in accordance with this Article. 51 General Assembly Of North Carolina Session 2025
510		-	Senate Bill 155-Second Edition Page 11
	435	+	suspension of any delegate from office. The member state board shall fill any vacancy occurring 28
	436	+	in the Commission within 60 days of the vacancy. Each delegate shall be entitled to one vote on 29
	437	+	all matters before the Commission requiring a vote by Commission delegates. 30
	438	+	A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws 31
	439	+	may provide for delegates to meet by telecommunication, video conference, or other means of 32
	440	+	communication. The Commission shall meet at least once during each calendar year. Additional 33
	441	+	meetings shall be held as set forth in the bylaws. The Commission may meet by 34
	442	+	telecommunication, video conference, or other similar electronic means. 35
	443	+	(c) Powers; Duties. – The Commission shall have the following powers and duties: 36
	444	+	(1) Establish a code of conduct and conflict of interest policies. 37
	445	+	(2) Establish the fiscal year of the Commission. 38
	446	+	(3) Establish and amend rules and bylaws. 39
	447	+	(4) Maintain its financial records in accordance with the bylaws. 40
	448	+	(5) Meet and take such actions as are consistent with the provisions of this 41
	449	+	Compact, the Commission's rules, and the bylaws. 42
	450	+	(6) Maintain and certify records and information provided to a member state as 43
	451	+	the authenticated business records of the Commission, and designate an agent 44
	452	+	to do so on the Commission's behalf. 45
	453	+	(7) Initiate and conclude legal proceedings or actions in the name of the 46
	454	+	Commission, provided that the standing of any state licensing board to sue or 47
	455	+	be sued under applicable law shall not be affected. 48
	456	+	(8) Purchase and maintain insurance and bonds. 49
	457	+	(9) Borrow, accept, or contract for services of personnel, including, but not 50
	458	+	limited to, employees of a member state. 51 General Assembly Of North Carolina Session 2025
	459	+	Page 10 Senate Bill 155-First Edition
	460	+	(10) Conduct an annual financial review. 1
	461	+	(11) Hire employees, elect or appoint officers, fix compensation, define duties, 2
	462	+	grant such individuals appropriate authority to carry out the purposes of the 3
	463	+	Compact, and establish the Commission's personnel policies and programs 4
	464	+	relating to conflicts of interest, qualifications of personnel, and other related 5
	465	+	personnel matters. 6
	466	+	(12) Assess and collect fees. 7
	467	+	(13) Accept any and all appropriate gifts, donations, grants of money, other sources 8
	468	+	of revenue, equipment, supplies, materials and services, and receive, utilize, 9
	469	+	and dispose of the same, provided that at all times the Commission shall avoid 10
	470	+	any appearance of impropriety and conflict of interest. 11
	471	+	(14) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, 12
	472	+	hold, improve, or use, any property, real, personal, or mixed, or any undivided 13
	473	+	interest therein. 14
	474	+	(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 15
	475	+	dispose of any property, real, personal, or mixed. 16
	476	+	(16) Establish a budget and make expenditures. 17
	477	+	(17) Borrow money. 18
	478	+	(18) Appoint committees, including standing committees composed of members, 19
	479	+	state regulators, state legislators or their representatives, and consumer 20
	480	+	representatives, and such other interested persons as may be designated in this 21
	481	+	Compact and the bylaws. 22
	482	+	(19) Provide and receive information from, and cooperate with, law enforcement 23
	483	+	agencies. 24
	484	+	(20) Establish and elect an Executive Committee, including a chair and vice-chair. 25
	485	+	(21) Determine whether a state's adopted language is materially different from the 26
	486	+	model Compact language such that the State would not qualify for 27
	487	+	participation in the Compact. 28
	488	+	(22) Perform such other functions as may be necessary or appropriate to achieve 29
	489	+	the purposes of this Compact. 30
	490	+	(d) Executive Committee. – The Executive Committee shall have the power to act on 31
	491	+	behalf of the Commission according to the terms of this Compact. 32
	492	+	(1) The Executive Committee shall be composed of 11 members, as follows: 33
	493	+	a. The chair and vice-chair of the Commission shall be voting members 34
	494	+	of the Executive Committee. 35
	495	+	b. Five voting members who are elected by the Commission from the 36
	496	+	current membership of the Commission. 37
	497	+	c. Up to four ex officio, nonvoting members from four recognized 38
	498	+	national social work organizations, selected by their respective 39
	499	+	organizations. 40
	500	+	(3) The Commission may remove any member of the Executive Committee as 41
	501	+	provided in the bylaws. 42
	502	+	(4) The Executive Committee shall meet at least annually. 43
	503	+	(5) Executive Committee meetings shall be open to the public, except that the 44
	504	+	Executive Committee may meet in a closed, nonpublic meeting as provided 45
	505	+	by this Article. The Executive Committee shall give seven days' notice of its 46
	506	+	meetings, posted on its website and as determined to provide notice to persons 47
	507	+	with an interest in the business of the Commission. The Executive Committee 48
	508	+	may hold a special meeting in accordance with this Article. 49 General Assembly Of North Carolina Session 2025
	509	+	Senate Bill 155-First Edition Page 11
511	510		(6) The Executive Committee shall have the power to act on behalf of the 1
512		-	Commission according to the terms of the Compact. The ~~Executive~~ 2
513		-	~~Committee shall~~ have the following powers, duties, and responsibilities: 3
	511	+	Commission according to the terms of the Compact. The Commission shall 2
	512	+	have the following powers, duties, and responsibilities: 3
514	513		a. Oversee the day-to-day activities of the administration of the Compact, 4
515	514		including enforcement and compliance with the provisions of the 5
516	515		Compact, its rules and bylaws, and other such duties as deemed 6
517	516		necessary. 7
518	517		b. Recommend to the Commission changes to the rules or bylaws, 8
519	518		changes to this Compact legislation, fees charged to Compact member 9
520	519		states, fees charged to licensees, and other fees. 10
521	520		c. Ensure Compact administration services are appropriately provided, 11
522	521		including by contract. 12
523	522		d. Prepare and recommend the budget. 13
524	523		e. Maintain financial records on behalf of the Commission. 14
525	524		f. Monitor Compact compliance of member states and provide 15
526	525		compliance reports to the Commission. 16
527	526		g. Establish additional committees as necessary. 17
528	527		h. Exercise the powers and duties of the Commission during the interim 18
529	528		between Commission meetings, except for adopting or amending 19
530		-	rules, ~~adopting~~ or amending bylaws, and exercising any other powers 20
	529	+	rules, adopted or amending bylaws, and exercising any other powers 20
531	530		and duties expressly reserved to the Commission by rule or bylaw. 21
532	531		i. Perform other duties as provided in rules or bylaws of the 22
533	532		Commission. 23
534	533		(e) Meetings of the Commission. – All meetings shall be open to the public, and public 24
535	534		notice of meetings shall be given in the same manner as required under the rulemaking provisions 25
536	535		in G.S. 90B-31. The Commission may hold a special meeting when it must meet to conduct 26
537	536		emergency business by giving 48 hours' notice to all commissioners, on the Commission's 27
538	537		website, and other means as provided in the Commission's rules. The Commission's legal counsel 28
539	538		shall certify that the Commission's need to meet qualifies as an emergency. The Commission or 29
540	539		the Executive Committee or other committees of the Commission may convene in a closed, 30
541	540		nonpublic meeting if the Commission or Executive Committee or other committees of the 31
542	541		Commission must receive legal advice or discuss any of the following: 32
543	542		(1) Noncompliance of a member state with its obligations under the Compact. 33
544	543		(2) The employment, compensation, discipline, or other matters, practices, or 34
545	544		procedures related to specific employees or other matters related to the 35
546	545		Commission's internal personnel practices and procedures. 36
547	546		(3) Current, threatened, or reasonably anticipated litigation. 37
548	547		(4) Negotiation of contracts for the purchase, lease, or sale of goods, services, or 38
549	548		real estate. 39
550	549		(5) Accusation of any person of a crime or formally censuring any person. 40
551	550		(6) Disclosure of trade secrets or commercial or financial information that is 41
552	551		privileged or confidential. 42
553	552		(7) Disclosure of information of a personal nature where disclosure would 43
554	553		constitute a clearly unwarranted invasion of personal privacy. 44
555	554		(8) Disclosure of investigative records compiled for law enforcement purposes. 45
556	555		(9) Disclosure of information related to any investigative reports prepared by or 46
557	556		on behalf of or for use of the Commission or other committee charged with 47
558	557		responsibility of investigation or determination of compliance issues pursuant 48
559	558		to the Compact. 49
560	559		(10) Matters specifically exempted from disclosure by federal or member state 50
561	560		statute. 51 General Assembly Of North Carolina Session 2025
562		-	Page 12 Senate Bill 155-~~Second~~ Edition
	561	+	Page 12 Senate Bill 155-First Edition
563	562		(11) Current or threatened discipline of a licensee by the Commission or by a 1
564	563		member state's licensing authority. 2
565	564		(12) Other matters as promulgated by the Commission by rule. 3
566	565		If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's 4
567	566		presiding officer shall state that the meeting will be closed and shall reference each relevant 5
568	567		exempting provision, and such reference shall be recorded in the minutes. The Commission shall 6
569	568		keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide 7
570	569		a full and accurate summary of actions taken, and the reasons therefore, including a description 8
571	570		of the views expressed. All documents considered in connection with an action shall be identified 9
572	571		in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject 10
573	572		to release by a majority vote of the Commission or order of a court of competent jurisdiction. 11
574	573		(f) Financing of the Commission. – The Commission shall pay, or provide for the 12
575	574		payment of, the reasonable expenses of its establishment, organization, and ongoing activities. 13
576	575		The Commission may accept any and all appropriate revenue sources, donations, and grants of 14
577	576		money, equipment, supplies, materials, and services. 15
578	577		The Commission may levy on and collect an annual assessment from each member state and 16
579	578		impose fees on other licensees of member states to whom it grants a multistate license to cover 17
580	579		the cost of the operations and activities of the Commission and its staff, which must be in a total 18
581	580		amount sufficient to cover its annual budget as approved by the Commission each year for which 19
582	581		revenue is not provided by other sources. The aggregate annual assessment amount shall be 20
583	582		allocated based upon a formula to be determined by the Commission, which shall be promulgated 21
584	583		by rule. The Commission shall not incur obligations of any kind prior to securing the funds 22
585	584		adequate to meet the same; nor shall the Commission pledge the credit of any of the member 23
586	585		states, except by and with the authority of the member state. 24
587	586		The Commission shall keep accurate accounts of all receipts and disbursements. The receipts 25
588	587		and disbursements of the Commission shall be subject to the audit and accounting procedures 26
589	588		established under its bylaws. However, all receipts and disbursements of funds handled by the 27
590	589		Commission shall be audited yearly by a certified or licensed public accountant, and the report 28
591	590		of the audit shall be included in and become part of the annual report of the Commission. 29
592	591		(g) Qualified Immunity; Defense; Indemnification. – The members, officers, executive 30
593	592		director, employees, and representatives of the Commission shall be immune from suit and 31
594		-	liability, ~~both~~ personally ~~and~~ in their official capacity, for any claim for damage to or loss of 32
	593	+	liability, either personally or in their official capacity, for any claim for damage to or loss of 32
595	594		property or personal injury or other civil liability caused by or arising out of any actual or alleged 33
596	595		act, error, or omission that occurred, or that the person against whom the claim is made had a 34
597	596		reasonable basis for believing occurred within the scope of Commission employment, duties, or 35
598	597		responsibilities, provided that nothing in this paragraph shall be construed to protect any such 36
599	598		person from suit or liability for any damage, loss, injury, or liability caused by the intentional or 37
600	599		willful or wanton misconduct of that person. The procurement of insurance of any type by the 38
601	600		Commission shall not in any way compromise or limit the immunity granted hereunder. 39
602	601		The Commission shall defend any member, officer, executive director, employee, or 40
603	602		representative of the Commission in any civil action seeking to impose liability arising out of 41
604	603		any actual or alleged act, error, or omission that occurred within the scope of Commission 42
605	604		employment, duties, or responsibilities, or as determined by the Commission that the person 43
606	605		against whom the claim is made had a reasonable basis for believing occurred within the scope 44
607	606		of Commission employment, duties, or responsibilities; provided that nothing herein shall be 45
608	607		construed to prohibit that person from retaining his or her own counsel at their own expense; and 46
609	608		provided further, that the actual or alleged act, error, or omission did not result from that person's 47
610	609		intentional or willful or wanton misconduct. 48
611	610		The Commission shall indemnify and hold harmless any member, officer, executive director, 49
612	611		employee, or representative of the Commission for the amount of any settlement or judgment 50
613	612		obtained against that person arising out of any actual or alleged act, error, or omission that 51 General Assembly Of North Carolina Session 2025
614		-	Senate Bill 155-~~Second~~ Edition Page 13
	613	+	Senate Bill 155-First Edition Page 13
615	614		occurred within the scope of Commission employment, duties, or responsibilities, or that such 1
616	615		person had a reasonable basis for believing occurred within the scope of Commission 2
617	616		employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission 3
618	617		did not result from the intentional or willful or wanton misconduct of that person. 4
619	618		Nothing herein shall be construed as a limitation on the liability of any licensee for 5
620	619		professional malpractice or misconduct, which shall be governed solely by any other applicable 6
621	620		state laws. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member 7
622	621		state's state action immunity or state action affirmative defense with respect to antitrust claims 8
623	622		under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law 9
624	623		or regulation. Nothing in this Compact shall be construed to be a waiver of sovereign immunity 10
625	624		by the member states or by the Commission. 11
626	625		"§ 90B-30. Data system. 12
627	626		(a) The Commission shall provide for the development, maintenance, operation, and 13
628	627		utilization of a coordinated database and reporting system containing licensure, adverse action, 14
629	628		and the presence of current significant investigative information on all licensed individuals in 15
630	629		member states. 16
631	630		(b) The Commission shall assign each applicant for a multistate license a unique 17
632	631		identifier, as determined by the rules of the Commission. 18
633	632		(c) Notwithstanding any other provision of state law to the contrary, a member state shall 19
634	633		submit a uniform data set to the data system on all individuals to whom this Compact is 20
635	634		applicable, as required by the rules of the Commission, including all of the following: 21
636	635		(1) Identifying information. 22
637	636		(2) Licensure data. 23
638	637		(3) Adverse actions against a license and information related thereto. 24
639	638		(4) Nonconfidential information related to alternative program participation, the 25
640	639		beginning and ending dates of such participation, and other information 26
641	640		related to such participation not made confidential under member state law. 27
642	641		(5) Any denial of application for licensure and the reasons for such denial. 28
643	642		(6) Other information that may facilitate the administration of this Compact, as 29
644	643		determined by the rules of the Commission. 30
645	644		(7) Current significant investigative information. 31
646	645		(d) The records and information provided to a member state pursuant to this Compact or 32
647	646		through the data system, when certified by the Commission or an agent thereof, shall constitute 33
648	647		the authenticated business records of the Commission and shall be entitled to any associated 34
649	648		hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a 35
650	649		member state. 36
651	650		(e) Current significant investigative information pertaining to a licensee in any member 37
652	651		state will only be available to other member states. It is the responsibility of the member states 38
653	652		to report any adverse action against a licensee and to monitor the database to determine whether 39
654	653		adverse action has been taken against a licensee. Adverse action information pertaining to a 40
655	654		licensee in any member state will be available to any other member state. 41
656	655		(f) Member states contributing information to the data system may designate information 42
657	656		that may not be shared with the public without the express permission of the contributing state. 43
658	657		(g) Any information submitted to the data system that is subsequently required to be 44
659	658		expunged by federal law or the laws of the member state contributing the information shall be 45
660	659		removed from the data system. 46
661	660		"§ 90B-31. Rulemaking. 47
662	661		(a) The Commission shall promulgate reasonable rules in order to achieve the purposes 48
663	662		of the Compact effectively and efficiently. A rule shall be invalid and have no force or effect 49
664	663		only if a court of competent jurisdiction holds that the rule is invalid because the Commission 50 General Assembly Of North Carolina Session 2025
665		-	Page 14 Senate Bill 155-~~Second~~ Edition
	664	+	Page 14 Senate Bill 155-First Edition
666	665		exercised its rulemaking authority in a manner that is beyond the scope and purposes of the 1
667	666		Compact, or the powers granted hereunder, or based upon another applicable standard of review. 2
668	667		(b) The rules of the Commission shall have the force of law in each member state, 3
669	668		provided, however, that where the rules of the Commission conflict with the laws of the member 4
670	669		state that establish the member state's laws, regulations, and applicable standards that govern the 5
671	670		practice of social work as held by a court of competent jurisdiction, the rules of the Commission 6
672	671		shall be ineffective in that state to the extent of the conflict. 7
673	672		(c) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth 8
674	673		in this section and the rules adopted thereunder. Rules shall become binding on the day following 9
675	674		adoption or the date specified in the rule or amendment, whichever is later. 10
676	675		(d) If a majority of the legislatures of the member states rejects a rule or a portion of a 11
677	676		rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 12
678	677		four years of the date of adoption of the rule, then such rule shall have no further force and effect 13
679	678		in any member state. 14
680	679		(e) Rules or amendments to the rules shall be adopted at a regular or special meeting of 15
681	680		the Commission. 16
682	681		(f) Prior to adoption of a proposed rule, the Commission shall hold a public hearing and 17
683	682		allow persons to provide oral and written comments, data, facts, opinions, and arguments. 18
684	683		(g) Prior to promulgation and adoption of rule by the Commission, and at least 30 days 19
685	684		in advance of the meeting at which the Commission will hold a public hearing on the proposed 20
686	685		rule, the Commission shall provide a notice of proposed rulemaking (i) on the website of the 21
687	686		Commission or other publicly accessible platform, (ii) to persons who have requested notice of 22
688	687		the Commission's notices of proposed rulemaking, and (iii) in such other ways as the Commission 23
689	688		may, by rule, specify. 24
690	689		(h) The notice of proposed rulemaking shall include all of the following: 25
691	690		(1) The time, date, and location of the public hearing at which the Commission 26
692	691		will hear public comments on the proposed rule and, if different, the proposed 27
693	692		time, date, and location of the meeting in which the rule will be considered 28
694	693		and voted upon. 29
695	694		(2) If the hearing is held via telecommunication, video conference, or other 30
696	695		electronic means, the Commission shall include the mechanism for access to 31
697	696		the hearing in the notice of proposed rulemaking. 32
698	697		(3) The text of the proposed rule or amendment and the reason for the proposed 33
699	698		rule. 34
700	699		(4) A request for comments on the proposed rule from any interested person. 35
701	700		(5) The manner in which interested persons may submit written comments. 36
702	701		(i) All hearings will be recorded. A copy of the recording and all written comments and 37
703	702		documents received by the Commission in response to the proposed rule shall be available to the 38
704	703		public. 39
705	704		(j) Nothing in this section shall be construed as requiring a separate hearing on each rule. 40
706	705		Rules may be grouped for the convenience of the Commission at hearings required by this 41
707	706		section. 42
708	707		(k) The Commission shall, by majority vote of all members, take final action on the 43
709	708		proposed rule based on the rulemaking record and the full text of the rule. 44
710	709		(1) The Commission may adopt changes to the proposed rule provided the 45
711	710		changes do not enlarge the original purpose of the proposed rule. 46
712	711		(2) The Commission shall provide an explanation of the reasons for substantive 47
713	712		changes made to the proposed rule as well as reasons for substantive changes 48
714	713		not made that were recommended by commenters. 49
715	714		(3) The Commission shall determine a reasonable effective date for the rule. 50
716	715		Except for an emergency as provided in this section, the effective date of the 51 General Assembly Of North Carolina Session 2025
717		-	Senate Bill 155-~~Second~~ Edition Page 15
	716	+	Senate Bill 155-First Edition Page 15
718	717		rule shall be no sooner than 30 days after issuing the notice that it adopted or 1
719	718		amended the rule. 2
720	719		(l) Upon determination that an emergency exists, the Commission may consider and 3
721	720		adopt an emergency rule with 48 hours' notice, with opportunity for comment, provided that the 4
722	721		usual rulemaking procedures provided in the Compact and in this section shall be retroactively 5
723	722		applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective 6
724	723		date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted 7
725	724		immediately in order to (i) meet an imminent threat to public health, safety, or welfare, (ii) 8
726	725		prevent a loss of Commission or member state funds, (iii) meet a deadline for the promulgation 9
727	726		of an administrative rule that is established by federal law or rule, or (iv) protect public health 10
728	727		and safety. 11
729	728		(m) The Commission or an authorized committee of the Commission may direct revisions 12
730	729		to a previously adopted rule or amendment for purposes of correcting typographical errors, errors 13
731	730		in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be 14
732	731		posted on the website of the Commission. The revision shall be subject to challenge by any 15
733	732		person for a period of 30 days after posting. The revision may be challenged only on grounds 16
734	733		that the revision results in a material change to a rule. A challenge shall be made in writing and 17
735		-	delivered to the Commission prior to the end of the notice period. If no challenge is ~~made, the~~ 18
736		-	revision will take effect without further action. If the revision is challenged, the ~~revision may not~~ 19
737		-	take effect without the approval of the Commission. 20
	734	+	delivered to the chair of the Commission prior to the end of the notice period. If no challenge is 18
	735	+	made, the revision will take effect without further action. If the revision is challenged, the 19
	736	+	revision may not take effect without the approval of the Commission. 20
738	737		(n) No member state's rulemaking requirements shall apply under this Compact. 21
739	738		"§ 90B-32. Oversight; dispute resolution; enforcement. 22
740	739		(a) The executive and judicial branches of state government in each member state shall 23
741	740		enforce this Compact and take all actions necessary and appropriate to implement the Compact. 24
742	741		(b) Except as otherwise provided in this Compact, venue is proper and judicial 25
743	742		proceedings by or against the Commission shall be brought solely and exclusively in a court of 26
744	743		competent jurisdiction where the principal office of the Commission is located. The Commission 27
745	744		may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in 28
746	745		alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or 29
747	746		propriety of venue in any action against a licensee for professional malpractice, misconduct, or 30
748	747		any such similar matter. 31
749	748		(c) The Commission shall be entitled to receive service of process in any proceeding 32
750	749		regarding the enforcement or interpretation of the Compact and shall have standing to intervene 33
751	750		in such a proceeding for all purposes. Failure to provide service of process to the Commission 34
752	751		shall render a judgment or order void as to the Commission, this Compact, or promulgated rules. 35
753	752		(d) If the Commission determines that a member state has defaulted in the performance 36
754	753		of its obligations or responsibilities under this Compact or the promulgated rules, the 37
755	754		Commission shall do all of the following: 38
756	755		(1) Provide written notice to the defaulting state and other member states of the 39
757	756		nature of default, the proposed means of curing the default, and any other 40
758	757		action to be taken by the Commission. 41
759	758		(2) Provide remedial training and specific technical assistance regarding the 42
760	759		default. 43
761	760		(e) If a state in default fails to cure the default, the defaulting state may be terminated 44
762	761		from the Compact upon an affirmative vote of a majority of delegates of the member states, and 45
763	762		all rights, privileges, and benefits conferred by this Compact may be terminated on the effective 46
764	763		date of termination. A cure of the default does not relieve the offending state of obligations or 47
765	764		liabilities incurred during the period of default. 48
766	765		(f) Termination of membership in the Compact shall be imposed only after all other 49
767	766		means of securing compliance have been exhausted. Notice of intent to suspend or terminate 50
768	767		shall be given by the Commission to the governor, the majority and minority leaders of the 51 General Assembly Of North Carolina Session 2025
769		-	Page 16 Senate Bill 155-~~Second~~ Edition
	768	+	Page 16 Senate Bill 155-First Edition
770	769		defaulting state's legislature, the defaulting state's state licensing authority and each of the 1
771	770		member states' state licensing authority. A state that has been terminated is responsible for all 2
772	771		assessments, obligations, and liabilities incurred through the effective date of termination, 3
773	772		including obligations that extend beyond the effective date of termination. 4
774	773		(g) Upon the termination of a state's membership from this Compact, that state shall 5
775	774		immediately provide notice to all licensees within that state of such termination. The terminated 6
776	775		state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 7
777	776		six months after the date of said notice of termination. 8
778	777		(h) The Commission shall not bear any costs related to a state that is found to be in default 9
779	778		or that has been terminated from the Compact, unless agreed upon in writing between the 10
780	779		Commission and the defaulting state. 11
781	780		(i) The defaulting state may appeal the action of the Commission by petitioning the U.S. 12
782	781		District Court for the District of Columbia or the federal district where the Commission has its 13
783	782		principal offices. The prevailing party shall be awarded all costs of such litigation, including 14
784	783		reasonable attorneys' fees. 15
785	784		(j) Upon request by a member state, the Commission shall attempt to resolve disputes 16
786	785		related to the Compact that arise among member states and between member and nonmember 17
787	786		states. The Commission shall promulgate a rule providing for both mediation and binding dispute 18
788	787		resolution for disputes as appropriate. 19
789	788		(k) By majority vote, the Commission may initiate legal action in the U.S. District Court 20
790	789		for the District of Columbia or the federal district where the Commission has its principal offices 21
791	790		against a member state in default to enforce compliance with the provisions of the Compact and 22
792	791		its promulgated rules and bylaws. The relief sought may include both injunctive relief and 23
793	792		damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all 24
794	793		costs of such litigation, including reasonable attorneys' fees. The remedies herein shall not be the 25
795	794		exclusive remedies of the Commission. The Commission may pursue any other remedies 26
796	795		available under federal or the defaulting member state's law. 27
797	796		(l) A member state may initiate legal action in the U.S. District Court for the District of 28
798	797		Columbia or the federal district where the Commission has its principal offices against the 29
799	798		Commission to enforce compliance with the provisions of the Compact and its promulgated rules 30
800	799		and bylaws. The relief sought may include both injunctive relief and damages. In the event 31
801	800		judicial enforcement is necessary, the prevailing party shall be awarded all costs of such 32
802	801		litigation, including reasonable attorneys' fees. 33
803	802		(m) No person other than a member state shall enforce this Compact against the 34
804	803		Commission. 35
805	804		"§ 90B-33. Effective date; withdrawal; amendment. 36
806	805		(a) The Compact shall come into effect on the date on which the Compact statute is 37
807	806		enacted into law in the seventh member state. On or after the effective date of the Compact, the 38
808	807		Commission shall convene and review the enactment of each of the first seven member states 39
809	808		(charter member states) to determine if the statute enacted by each such charter member state is 40
810	809		materially different than the model Compact statute. 41
811	810		(b) A charter member state whose enactment is found to be materially different from the 42
812	811		model Compact statute shall be entitled to the default process set forth in this Article. If any 43
813	812		member state is found to be in default, or is terminated or withdraws from the Compact, the 44
814	813		Commission shall remain in existence and the Compact shall remain in effect even if the number 45
815	814		of member states should be less than seven. 46
816	815		(c) Member states enacting the Compact subsequent to the seven initial charter member 47
817	816		states shall be subject to the process set forth in this Article to determine if their enactments are 48
818	817		materially different from the model Compact statute and whether they qualify for participation 49
819	818		in the Compact. 50 General Assembly Of North Carolina Session 2025
820		-	Senate Bill 155-~~Second~~ Edition Page 17
	819	+	Senate Bill 155-First Edition Page 17
821	820		(d) All actions taken for the benefit of the Commission or in furtherance of the purposes 1
822	821		of the administration of the Compact prior to the effective date of the Compact or the Commission 2
823	822		coming into existence shall be considered to be actions of the Commission unless specifically 3
824	823		repudiated by the Commission. 4
825	824		(e) Any state that joins the Compact subsequent to the Commission's initial adoption of 5
826	825		the rules shall be subject to the rules as they exist on the date on which the Compact becomes 6
827	826		law in that state. Any rule that has been previously adopted by the Commission shall have the 7
828	827		full force and effect of law on the day the Compact becomes law in that state. 8
829	828		(f) Any member state may withdraw from this Compact by enacting a statute repealing 9
830	829		the same. A member state's withdrawal shall not take effect until six months after enactment of 10
831	830		the repealing statute. Withdrawal shall not affect the continuing requirement of the withdrawing 11
832	831		state's licensing authority to comply with the investigative and adverse action reporting 12
833	832		requirements of this act prior to the effective date of withdrawal. Upon the enactment of a statute 13
834	833		withdrawing from this Compact, a state shall immediately provide notice of such withdrawal to 14
835	834		all licensees within that state. Notwithstanding any subsequent statutory enactment to the 15
836	835		contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this 16
837	836		Compact for a minimum of six months after the date of such notice of withdrawal. 17
838	837		(g) Nothing contained in this Compact shall be construed to invalidate or prevent any 18
839	838		licensure agreement or other cooperative arrangement between a member state and a nonmember 19
840	839		state that does not conflict with the provisions of this Compact. 20
841	840		(h) This Compact may be amended by the member states. No amendment to this Compact 21
842	841		shall become effective and binding upon any member state until it is enacted into the laws of all 22
843	842		member states. 23
844	843		"§ 90B-34. Construction and severability. 24
845	844		This Compact and the Commission's rulemaking authority shall be liberally construed so as 25
846	845		to effectuate the purposes, and the implementation and administration of the Compact. Provisions 26
847	846		of the Compact expressly authorizing or requiring the promulgation of rules shall not be 27
848	847		construed to limit the Commission's rulemaking authority solely for those purposes. The 28
849	848		provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision 29
850	849		of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of 30
851	850		any member state, a state seeking participation in the Compact, or the United States, or the 31
852	851		applicability thereof to any government, agency, person, or circumstance is held to be 32
853	852		unconstitutional by a court of competent jurisdiction, the validity of the remainder of this 33
854	853		Compact and the applicability thereof to any other government, agency, person, or circumstance 34
855	854		shall not be affected thereby. 35
856	855		Notwithstanding this section, the Commission may deny a state's participation in the Compact 36
857	856		or, in accordance with the requirements of this Article, terminate a member state's participation 37
858	857		in the Compact, if it determines that a constitutional requirement of a member state is a material 38
859	858		departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the 39
860	859		constitution of any member state, the Compact shall remain in full force and effect as to the 40
861	860		remaining member states and in full force and effect as to the member state affected as to all 41
862	861		severable matters. 42
863	862		"§ 90B-35. Consistent effect and conflict with other state laws. 43
864	863		A licensee providing services in a remote state under a multistate authorization to practice 44
865	864		shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of 45
866	865		the remote state where the client is located at the time care is rendered. Nothing herein prevents 46
867	866		the enforcement of any other law of a member state that is not inconsistent with the Compact. 47
868	867		Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the 48
869	868		Compact are superseded to the extent of the conflict. All permissible agreements between the 49
870		-	Commission and the member states are binding in accordance with their terms." 50
871		-	SECTION 3. This act becomes effective October 1, 2025. 51
	869	+	Commission and the member states are binding in accordance with their terms." 50 General Assembly Of North Carolina Session 2025
	870	+	Page 18 Senate Bill 155-First Edition
	871	+	SECTION 3. Sections 1 and 2 of this act become effective when at least seven states 1
	872	+	have enacted the Social Work Licensure Compact set forth in Section 1 of this act. The North 2
	873	+	Carolina Social Work Certification and Licensure Board shall report to the Revisor of Statutes 3
	874	+	when the Compact set forth in Section 1 of this act has been enacted by the seven member states. 4
	875	+	The remainder of this act is effective when it becomes law. 5