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North Dakota House Bill HB1035

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1035 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1035
4-(Legislative Management)
1+25.0197.01000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Legislative Management
57 (Workforce Committee)
6-AN ACT to create and enact chapter 43-41.1 of the North Dakota Century Code, relating to adoption of
7-the social work licensure compact.
8+A BILL for an Act to create and enact chapter 43-41.1 of the North Dakota Century Code,
9+relating to adoption of the social work licensure compact.
810 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. Chapter 43-41.1 of the North Dakota Century Code is created and enacted as follows:
11+SECTION 1. Chapter 43-41.1 of the North Dakota Century Code is created and enacted as
12+follows:
1013 43 - 41.1 - 01. Social work licensure compact.
11-The social work licensure compact is entered with all states legally joining the compact, in the form
12-substantially as follows:
14+The social work licensure compact is entered with all states legally joining the compact, in
15+the form substantially as follows:
1316 ARTICLE I - PURPOSE
14-1.The purpose of this compact is to facilitate interstate practice of regulated social workers by
15-improving public access to competent social work services.
16-2.The compact preserves the regulatory authority of states to protect public health and safety
17-through the current system of state licensure.
17+1.The purpose of this compact is to facilitate interstate practice of regulated social
18+workers by improving public access to competent social work services.
19+2.The compact preserves the regulatory authority of states to protect public health and
20+safety through the current system of state licensure.
1821 3.This compact is designed to:
1922 a.Increase public access to social work services;
2023 b.Reduce overly burdensome and duplicative requirements associated with holding
2124 multiple licenses;
2225 c.Enhance the member states' ability to protect the public's health and safety;
2326 d.Encourage the cooperation of member states in regulating multistate practice;
24-e.Promote mobility and address workforce shortages by eliminating the necessity for
25-licenses in multiple states by providing for the mutual recognition of other member state
26-licenses;
27+e.Promote mobility and address workforce shortages by eliminating the necessity
28+for licenses in multiple states by providing for the mutual recognition of other
29+member state licenses;
2730 f.Support military families;
28-g.Facilitate the exchange of licensure and disciplinary information among member states;
29-h.Authorize all member states to hold a regulated social worker accountable for abiding by
30-a member state's laws, regulations, and applicable professional standards in the member
31-state in which the client is located at the time care is rendered; and
32-i.Allow for the use of telehealth to facilitate increased access to regulated social work
33-services.
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58+g.Facilitate the exchange of licensure and disciplinary information among member
59+states;
60+h.Authorize all member states to hold a regulated social worker accountable for
61+abiding by a member state's laws, regulations, and applicable professional
62+standards in the member state in which the client is located at the time care is
63+rendered; and
64+i.Allow for the use of telehealth to facilitate increased access to regulated social
65+work services.
3466 ARTICLE II - DEFINITIONS
3567 As used in this compact:
36-1."Active military member" means any individual with full - time duty status in the active armed
37-forces of the United States, including members of the national guard and reserve. H. B. NO. 1035 - PAGE 2
38-2."Adverse action" means any administrative, civil, equitable, or criminal action permitted by a
39-state's laws which is imposed by a licensing authority or other authority against a regulated
40-social worker, including actions against an individual's license or multistate authorization to
41-practice such as revocation, suspension, probation, monitoring of the licensee, limitation on
42-the licensee's practice, or any other encumbrance on licensure affecting a regulated social
43-worker's authorization to practice, including issuance of a cease and desist action.
44-3."Alternative program" means a nondisciplinary monitoring or practice remediation process
45-approved by a licensing authority to address practitioners with an impairment.
46-4."Charter member states" means member states that have enacted legislation to adopt this
47-compact where the legislation predates the effective date of this compact as described in
48-article XIV.
49-5."Compact commission" or "commission" means the government agency whose membership
50-consists of all states that have enacted this compact, which is known as the social work
51-licensure compact commission, as described in article X, and which operates as an
52-instrumentality of the member states.
68+1."Active military member" means any individual with full - time duty status in the active
69+armed forces of the United States, including members of the national guard and
70+reserve.
71+2."Adverse action" means any administrative, civil, equitable, or criminal action
72+permitted by a state's laws which is imposed by a licensing authority or other authority
73+against a regulated social worker, including actions against an individual's license or
74+multistate authorization to practice such as revocation, suspension, probation,
75+monitoring of the licensee, limitation on the licensee's practice, or any other
76+encumbrance on licensure affecting a regulated social worker's authorization to
77+practice, including issuance of a cease and desist action.
78+3."Alternative program" means a nondisciplinary monitoring or practice remediation
79+process approved by a licensing authority to address practitioners with an impairment.
80+4."Charter member states" means member states that have enacted legislation to adopt
81+this compact where the legislation predates the effective date of this compact as
82+described in article XIV.
83+5."Compact commission" or "commission" means the government agency whose
84+membership consists of all states that have enacted this compact, which is known as
85+the social work licensure compact commission, as described in article X, and which
86+operates as an instrumentality of the member states.
5387 6."Current significant investigative information" means:
54-a.Investigative information that a licensing authority, after a preliminary inquiry that includes
55-notification and an opportunity for the regulated social worker to respond, has reason to
56-believe is not groundless and, if proved true, would indicate more than a minor infraction
57-as defined by the commission; or
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120+a.Investigative information that a licensing authority, after a preliminary inquiry that
121+includes notification and an opportunity for the regulated social worker to
122+respond, has reason to believe is not groundless and, if proved true, would
123+indicate more than a minor infraction as defined by the commission; or
58124 b.Investigative information that indicates the regulated social worker represents an
59-immediate threat to public health and safety, as defined by the commission, regardless of
60-whether the regulated social worker has been notified and has had an opportunity to
61-respond.
125+immediate threat to public health and safety, as defined by the commission,
126+regardless of whether the regulated social worker has been notified and has had
127+an opportunity to respond.
62128 7."Data system" means a repository of information about licensees, including continuing
63-education, examination, licensure, current significant investigative information, disqualifying
64-event, multistate licenses, and adverse action information or other information as required by
65-the commission.
66-8."Disqualifying event" means any adverse action or incident which results in an encumbrance
67-that disqualifies or makes the licensee ineligible to either obtain, retain, or renew a multistate
68-license.
69-9."Domicile" means the jurisdiction where the licensee resides and intends to remain indefinitely.
129+education, examination, licensure, current significant investigative information,
130+disqualifying event, multistate licenses, and adverse action information or other
131+information as required by the commission.
132+8."Disqualifying event" means any adverse action or incident which results in an
133+encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain,
134+or renew a multistate license.
135+9."Domicile" means the jurisdiction where the licensee resides and intends to remain
136+indefinitely.
70137 10."Encumbrance" means a revocation or suspension of, or any limitation on, the full and
71138 unrestricted practice of social work licensed and regulated by a licensing authority.
72-11."Executive committee" means a group of delegates elected or appointed to act on behalf of,
73-and within the powers granted to the delegates by, the compact and commission.
139+11."Executive committee" means a group of delegates elected or appointed to act on
140+behalf of, and within the powers granted to the delegates by, the compact and
141+commission.
74142 12."Home state" means the member state that is the licensee's primary domicile.
75-13."Impairment" means a condition that may impair a practitioner's ability to engage in full and
76-unrestricted practice as a regulated social worker without some type of intervention and may
77-include alcohol and drug dependence, mental health impairment, and neurological or physical
78-impairments.
79-14."Licensee" means an individual who holds a license from a state to practice as a regulated
80-social worker. H. B. NO. 1035 - PAGE 3
81-15."Licensing authority" means the board or agency of a member state, or equivalent, which is
82-responsible for the licensing and regulation of regulated social workers.
83-16."Member state" means a state, commonwealth, district, or territory of the United States that
84-has enacted this compact.
85-17."Multistate authorization to practice" means a legally authorized privilege to practice, which is
86-equivalent to a license, associated with a multistate license permitting the practice of social
87-work in a remote state.
88-18."Multistate license" means a license to practice as a regulated social worker issued by a home
89-state licensing authority that authorizes the regulated social worker to practice in all member
90-states under multistate authorization to practice.
143+13."Impairment" means a condition that may impair a practitioner's ability to engage in full
144+and unrestricted practice as a regulated social worker without some type of
145+intervention and may include alcohol and drug dependence, mental health impairment,
146+and neurological or physical impairments.
147+14."Licensee" means an individual who holds a license from a state to practice as a
148+regulated social worker.
149+15."Licensing authority" means the board or agency of a member state, or equivalent,
150+which is responsible for the licensing and regulation of regulated social workers.
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184+16."Member state" means a state, commonwealth, district, or territory of the United States
185+that has enacted this compact.
186+17."Multistate authorization to practice" means a legally authorized privilege to practice,
187+which is equivalent to a license, associated with a multistate license permitting the
188+practice of social work in a remote state.
189+18."Multistate license" means a license to practice as a regulated social worker issued by
190+a home state licensing authority that authorizes the regulated social worker to practice
191+in all member states under multistate authorization to practice.
91192 19."Qualifying national exam" means a national licensing examination approved by the
92193 commission.
93-20."Regulated social worker" means any clinical, master's, or bachelor's social worker licensed
94-by a member state regardless of the title used by that member state.
194+20."Regulated social worker" means any clinical, master's, or bachelor's social worker
195+licensed by a member state regardless of the title used by that member state.
95196 21."Remote state" means a member state other than the licensee's home state.
96-22."Rules" or "rules of the commission" means a regulation adopted by the commission, as
97-authorized by the compact, which has the force of law.
98-23."Single state license" means a social work license issued by any state that authorizes practice
99-only within the issuing state and does not include multistate authorization to practice in any
100-member state.
197+22."Rules" or "rules of the commission" means a regulation adopted by the commission,
198+as authorized by the compact, which has the force of law.
199+23."Single state license" means a social work license issued by any state that authorizes
200+practice only within the issuing state and does not include multistate authorization to
201+practice in any member state.
101202 24."Social work" or "social work services" means the application of social work theory,
102-knowledge, methods, ethics, and the professional use of self to restore or enhance social,
103-psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,
104-organizations, and communities through the care and services provided by a regulated social
105-worker as provided by the member state's statutes and regulations in the state where the
106-services are being provided.
203+knowledge, methods, ethics, and the professional use of self to restore or enhance
204+social, psychosocial, or biopsychosocial functioning of individuals, couples, families,
205+groups, organizations, and communities through the care and services provided by a
206+regulated social worker as provided by the member state's statutes and regulations in
207+the state where the services are being provided.
107208 25."State" means any state, commonwealth, district, or territory of the United States that
108209 regulates the practice of social work.
109-26."Unencumbered license" means a license that authorizes a regulated social worker to engage
110-in the full and unrestricted practice of social work.
210+26."Unencumbered license" means a license that authorizes a regulated social worker to
211+engage in the full and unrestricted practice of social work.
111212 ARTICLE III - STATE PARTICIPATION IN THE COMPACT
112213 1.To be eligible to participate in the compact, a potential member state shall:
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113246 a.License and regulate the practice of social work at either the clinical, master's, or
114247 bachelor's category;
115248 b.Require an applicant for licensure to graduate from a program that:
116249 (1)Is operated by a college or university recognized by the licensing authority;
117250 (2)Is accredited, or in candidacy by an institution that subsequently becomes
118251 accredited, by an accrediting agency recognized by either:
119252 (a)The council for higher education accreditation, or its successor; or
120-(b)The United States department of education; and H. B. NO. 1035 - PAGE 4
253+(b)The United States department of education; and
121254 (3)Corresponds to the licensure sought as provided in article IV;
122-c.Require an applicant for clinical licensure to complete a period of supervised practice;
123-and
124-d.Have a mechanism in place for receiving, investigating, and adjudicating complaints
125-about a licensee.
255+c.Require an applicant for clinical licensure to complete a period of supervised
256+practice; and
257+d.Have a mechanism in place for receiving, investigating, and adjudicating
258+complaints about a licensee.
126259 2.To maintain membership in the compact, a member state shall:
127-a.Require an applicant for a multistate license pass a qualifying national exam for the
128-corresponding category of multistate license sought as provided in article IV;
129-b.Fully participate in the commission's data system, including using the commission's
130-unique identifier as defined in rules;
131-c.Notify the commission, in compliance with the terms of the compact and rules, of any
132-adverse action or the availability of current significant investigative information regarding
133-a licensee;
134-d.Implement a procedure for considering the criminal history record of an applicant for a
135-multistate license. The procedure must include the submission of fingerprints or other
136-biometric - based information by an applicant for the purpose of obtaining the applicant's
137-criminal history record information from the federal bureau of investigation and the
138-agency responsible for retaining that state's criminal records;
260+a.Require an applicant for a multistate license pass a qualifying national exam for
261+the corresponding category of multistate license sought as provided in article IV;
262+b.Fully participate in the commission's data system, including using the
263+commission's unique identifier as defined in rules;
264+c.Notify the commission, in compliance with the terms of the compact and rules, of
265+any adverse action or the availability of current significant investigative
266+information regarding a licensee;
267+d.Implement a procedure for considering the criminal history record of an applicant
268+for a multistate license. The procedure must include the submission of
269+fingerprints or other biometric - based information by an applicant for the purpose
270+of obtaining the applicant's criminal history record information from the federal
271+bureau of investigation and the agency responsible for retaining that state's
272+criminal records;
139273 e.Comply with the rules of the commission;
140-f.Require an applicant to obtain or retain a license in the applicant's home state and meet
141-the home state's qualifications for licensure or renewal of licensure, and all other
142-applicable home state laws;
143-g.Authorize a licensee holding a multistate license in any member state to practice in
144-accordance with the terms of the compact and rules of the commission; and
274+f.Require an applicant to obtain or retain a license in the applicant's home state
275+and meet the home state's qualifications for licensure or renewal of licensure,
276+and all other applicable home state laws;
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310+g.Authorize a licensee holding a multistate license in any member state to practice
311+in accordance with the terms of the compact and rules of the commission; and
145312 h.Designate a delegate to participate in the commission meetings.
146313 3.A member state meeting the requirements of subsections 1 and 2 shall designate the
147-categories of social work licensure that are eligible for issuance of a multistate license for
148-applicants in the member state. To the extent a member state does not meet the requirements
149-for participation in the compact at any particular category of social work licensure, the member
150-state may issue a multistate license to an applicant who otherwise meets the requirements of
151-article IV for issuance of a multistate license in the category or categories of licensure.
314+categories of social work licensure that are eligible for issuance of a multistate license
315+for applicants in the member state. To the extent a member state does not meet the
316+requirements for participation in the compact at any particular category of social work
317+licensure, the member state may issue a multistate license to an applicant who
318+otherwise meets the requirements of article IV for issuance of a multistate license in
319+the category or categories of licensure.
152320 4.The home state may charge a fee for granting the multistate license.
153321 ARTICLE IV - SOCIAL WORKER PARTICIPATION IN THE COMPACT
154-1.To be eligible for a multistate license under this compact, an applicant, regardless of category
155-shall:
322+1.To be eligible for a multistate license under this compact, an applicant, regardless of
323+category shall:
156324 a.Hold or be eligible for an active, unencumbered license in the home state;
157325 b.Pay any applicable fees, including any state fee, for the multistate license;
158-c.Submit, in connection with an application for a multistate license, fingerprints or other
159-biometric data for the purpose of obtaining criminal history record information from the
160-federal bureau of investigation and the agency responsible for retaining that state's
161-criminal records; H. B. NO. 1035 - PAGE 5
326+c.Submit, in connection with an application for a multistate license, fingerprints or
327+other biometric data for the purpose of obtaining criminal history record
328+information from the federal bureau of investigation and the agency responsible
329+for retaining that state's criminal records;
162330 d.Notify the home state of any adverse action, encumbrance, or restriction on any
163-professional license taken by any member state or nonmember state within thirty days
164-from the date the action is taken;
165-e.Meet any continuing competence requirements established by the home state; and
166-f.Abide by the laws, regulations, and applicable standards in the member state where the
167-client is located at the time care is rendered.
331+professional license taken by any member state or nonmember state within thirty
332+days from the date the action is taken;
333+e.Meet any continuing competence requirements established by the home state;
334+and
335+f.Abide by the laws, regulations, and applicable standards in the member state
336+where the client is located at the time care is rendered.
168337 2.An applicant for a clinical-category multistate license shall:
169338 a.Fulfill a competency requirement, which must be satisfied by:
170339 (1)Passage of a clinical-category qualifying national exam;
171-(2)Licensure of the applicant in the applicant's home state at the clinical category,
172-beginning before the time a qualifying national exam was required by the home
173-state and accompanied by a period of continuous social work licensure thereafter,
174-which may be further governed by the rules of the commission; or
175-(3)The substantial equivalency of the requirements in paragraph 1 or 2, which the
176-commission may determine by rule;
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372+(2)Licensure of the applicant in the applicant's home state at the clinical
373+category, beginning before the time a qualifying national exam was required
374+by the home state and accompanied by a period of continuous social work
375+licensure thereafter, which may be further governed by the rules of the
376+commission; or
377+(3)The substantial equivalency of the requirements in paragraph 1 or 2, which
378+the commission may determine by rule;
177379 b.Attain at least a master's degree in social work from a program that is:
178-(1)Operated by a college or university recognized by the licensing authority; and
380+(1)Operated by a college or university recognized by the licensing authority;
381+and
179382 (2)Accredited, or in candidacy that subsequently becomes accredited, by an
180383 accrediting agency recognized by:
181384 (a)The council for higher education accreditation or its successor; or
182385 (b)The United States department of education; and
183-c.Fulfill a practice requirement, which must be satisfied by demonstrating completion of:
184-(1)A period of postgraduate supervised clinical practice equal to a minimum of three
185-thousand hours;
186-(2)A minimum of two years of full - time postgraduate supervised clinical practice; or
187-(3)The substantial equivalency of the requirements in paragraph 1 or 2, which the
188-commission may determine by rule.
386+c.Fulfill a practice requirement, which must be satisfied by demonstrating
387+completion of:
388+(1)A period of postgraduate supervised clinical practice equal to a minimum of
389+three thousand hours;
390+(2)A minimum of two years of full - time postgraduate supervised clinical
391+practice; or
392+(3)The substantial equivalency of the requirements in paragraph 1 or 2, which
393+the commission may determine by rule.
189394 3.An applicant for a master's-category multistate license shall:
190395 a.Fulfill a competency requirement, which must be satisfied by:
191396 (1)Passage of a master's-category qualifying national exam;
192-(2)Licensure of the applicant in the applicant's home state at the master's category,
193-beginning before the time a qualifying national exam was required by the home
194-state at the master's category and accompanied by a continuous period of social
195-work licensure thereafter, which may be further governed by the rules of the
196-commission; or
197-(3)The substantial equivalency of the requirements in paragraph 1 or 2, which the
198-commission may determine by rule; and
199-b.Attain at least a master's degree in social work from a program that is: H. B. NO. 1035 - PAGE 6
200-(1)Operated by a college or university recognized by the licensing authority; and
397+(2)Licensure of the applicant in the applicant's home state at the master's
398+category, beginning before the time a qualifying national exam was required
399+by the home state at the master's category and accompanied by a
400+continuous period of social work licensure thereafter, which may be further
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434+(3)The substantial equivalency of the requirements in paragraph 1 or 2, which
435+the commission may determine by rule; and
436+b.Attain at least a master's degree in social work from a program that is:
437+(1)Operated by a college or university recognized by the licensing authority;
438+and
201439 (2)Accredited, or in candidacy that subsequently becomes accredited, by an
202440 accrediting agency recognized by:
203441 (a)The council for higher education accreditation or its successor; or
204442 (b)The United States department of education.
205443 4.An applicant for a bachelor's-category multistate license shall:
206444 a.Fulfill a competency requirement, which must be satisfied by:
207445 (1)Passage of a bachelor's-category qualifying national exam;
208-(2)Licensure of the applicant in the applicant's home state at the bachelor's category,
209-beginning before the time a qualifying national exam was required by the home
210-state and accompanied by a period of continuous social work licensure thereafter,
211-which may be further governed by the rules of the commission; or
212-(3)The substantial equivalency of the requirements in paragraph 1 or 2, which the
213-commission may determine by rule; and
446+(2)Licensure of the applicant in the applicant's home state at the bachelor's
447+category, beginning before the time a qualifying national exam was required
448+by the home state and accompanied by a period of continuous social work
449+licensure thereafter, which may be further governed by the rules of the
450+commission; or
451+(3)The substantial equivalency of the requirements in paragraph 1 or 2, which
452+the commission may determine by rule; and
214453 b.Attain at least a bachelor's degree in social work from a program that is:
215-(1)Operated by a college or university recognized by the licensing authority; and
454+(1)Operated by a college or university recognized by the licensing authority;
455+and
216456 (2)Accredited, or in candidacy that subsequently becomes accredited, by an
217457 accrediting agency recognized by:
218458 (a)The council for higher education accreditation or its successor; or
219459 (b)The United States department of education.
220-5.The multistate license for a regulated social worker is subject to the renewal requirements of
221-the home state. The regulated social worker must maintain compliance with the requirements
222-of subsection 1 to be eligible to renew a multistate license.
223-6.The regulated social worker's services in a remote state are subject to the member state's
224-regulatory authority. A remote state may, in accordance with due process and the member
225-state's laws, remove a regulated social worker's multistate authorization to practice in the
226-remote state for a specific period of time, impose fines, and take any other necessary actions
227-to protect the health and safety of the state's citizens.
228-7.If a multistate license is encumbered, the regulated social worker's multistate authorization to
229-practice must be deactivated in all remote states until the multistate license is no longer
230-encumbered.
231-8.If a multistate authorization to practice is encumbered in a remote state, the regulated social
232-worker's multistate authorization to practice may be deactivated in that state until the
233-multistate authorization to practice is no longer encumbered.
460+5.The multistate license for a regulated social worker is subject to the renewal
461+requirements of the home state. The regulated social worker must maintain
462+compliance with the requirements of subsection 1 to be eligible to renew a multistate
463+license.
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496+6.The regulated social worker's services in a remote state are subject to the member
497+state's regulatory authority. A remote state may, in accordance with due process and
498+the member state's laws, remove a regulated social worker's multistate authorization
499+to practice in the remote state for a specific period of time, impose fines, and take any
500+other necessary actions to protect the health and safety of the state's citizens.
501+7.If a multistate license is encumbered, the regulated social worker's multistate
502+authorization to practice must be deactivated in all remote states until the multistate
503+license is no longer encumbered.
504+8.If a multistate authorization to practice is encumbered in a remote state, the regulated
505+social worker's multistate authorization to practice may be deactivated in that state
506+until the multistate authorization to practice is no longer encumbered.
234507 ARTICLE V - ISSUANCE OF A MULTISTATE LICENSE
235-1.Upon receipt of an application for a multistate license, the home state licensing authority shall
236-determine the applicant's eligibility for a multistate license in accordance with article IV.
237-2.If an applicant is eligible under article IV, the home state licensing authority shall issue a
238-multistate license that authorizes the applicant or regulated social worker to practice in all
239-member states under a multistate authorization to practice. H. B. NO. 1035 - PAGE 7
240-3.Upon issuance of a multistate license, the home state licensing authority shall designate
241-whether the regulated social worker holds a multistate license in the bachelor's, master's, or
242-clinical category of social work.
243-4.A multistate license issued by a home state to a resident in that state must be recognized by
244-all compact member states as authorizing social work practice under a multistate authorization
245-to practice corresponding to each category of licensure regulated in each member state.
508+1.Upon receipt of an application for a multistate license, the home state licensing
509+authority shall determine the applicant's eligibility for a multistate license in
510+accordance with article IV.
511+2.If an applicant is eligible under article IV, the home state licensing authority shall issue
512+a multistate license that authorizes the applicant or regulated social worker to practice
513+in all member states under a multistate authorization to practice.
514+3.Upon issuance of a multistate license, the home state licensing authority shall
515+designate whether the regulated social worker holds a multistate license in the
516+bachelor's, master's, or clinical category of social work.
517+4.A multistate license issued by a home state to a resident in that state must be
518+recognized by all compact member states as authorizing social work practice under a
519+multistate authorization to practice corresponding to each category of licensure
520+regulated in each member state.
246521 ARTICLE VI - AUTHORITY OF INTERSTATE COMPACT
247522 COMMISSION AND MEMBER STATE LICENSING AUTHORITIES
248-1.This compact or any rule of the commission may not be construed to limit, restrict, or reduce
249-the ability of a member state to enact and enforce laws, regulations, or other rules related to
250-the practice of social work in that state, where those laws, regulations, or other rules are not
251-inconsistent with the provisions of this compact.
252-2.This compact may not affect the requirements established by a member state for the issuance
253-of a single state license.
254-3.This compact or any rule of the commission may not be construed to limit, restrict, or reduce
255-the ability of a member state to take adverse action against a licensee's single state license to
256-practice social work in that state.
257-4.This compact or any rule of the commission may not be construed to limit, restrict, or reduce
258-the ability of a remote state to take adverse action against a licensee's multistate authorization
259-to practice in that state.
260-5.This compact or any rule of the commission may not be construed to limit, restrict, or reduce
261-the ability of a licensee's home state to take adverse action against a licensee's multistate
262-license based on information provided by a remote state.
523+1.This compact or any rule of the commission may not be construed to limit, restrict, or
524+reduce the ability of a member state to enact and enforce laws, regulations, or other
525+rules related to the practice of social work in that state, where those laws, regulations,
526+or other rules are not inconsistent with the provisions of this compact.
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560+2.This compact may not affect the requirements established by a member state for the
561+issuance of a single state license.
562+3.This compact or any rule of the commission may not be construed to limit, restrict, or
563+reduce the ability of a member state to take adverse action against a licensee's single
564+state license to practice social work in that state.
565+4.This compact or any rule of the commission may not be construed to limit, restrict, or
566+reduce the ability of a remote state to take adverse action against a licensee's
567+multistate authorization to practice in that state.
568+5.This compact or any rule of the commission may not be construed to limit, restrict, or
569+reduce the ability of a licensee's home state to take adverse action against a
570+licensee's multistate license based on information provided by a remote state.
263571 ARTICLE VII - REISSUANCE OF A
264572 MULTISTATE LICENSE BY A NEW HOME STATE
265-1.A licensee can hold a multistate license, issued by the licensee's home state, in only one
266-member state at any given time.
267-2.If a licensee changes the licensee's home state by moving between two member states:
268-a.The licensee immediately shall apply for the reissuance of the licensee's multistate
269-license in the licensee's new home state. The licensee shall pay all applicable fees and
270-notify the previous home state in accordance with the rules of the commission.
271-b.Upon receipt of an application to reissue a multistate license, the new home state shall
272-verify the multistate license is active, unencumbered, and eligible for reissuance under
273-the terms of the compact and the rules of the commission. The multistate license issued
274-by the previous home state will be deactivated and all member states notified in
275-accordance with the rules adopted by the commission.
276-c.Before the reissuance of the multistate license, the new home state shall conduct a
277-criminal history records check of the licensee. The criminal history record check
573+1.A licensee can hold a multistate license, issued by the licensee's home state, in only
574+one member state at any given time.
575+2.If a licensee changes the licensee's home state by moving between two member
576+states:
577+a.The licensee immediately shall apply for the reissuance of the licensee's
578+multistate license in the licensee's new home state. The licensee shall pay all
579+applicable fees and notify the previous home state in accordance with the rules of
580+the commission.
581+b.Upon receipt of an application to reissue a multistate license, the new home state
582+shall verify the multistate license is active, unencumbered, and eligible for
583+reissuance under the terms of the compact and the rules of the commission. The
584+multistate license issued by the previous home state will be deactivated and all
585+member states notified in accordance with the rules adopted by the commission.
586+c.Before the reissuance of the multistate license, the new home state shall conduct
587+a criminal history records check of the licensee. The criminal history record check
278588 procedure must include the submission of fingerprints or other biometric-based
279-information by an applicant for the purpose of obtaining an applicant's criminal history
280-record information from the federal bureau of investigation and the agency responsible
281-for retaining that state's criminal records. H. B. NO. 1035 - PAGE 8
589+information by an applicant for the purpose of obtaining an applicant's criminal
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622+history record information from the federal bureau of investigation and the agency
623+responsible for retaining that state's criminal records.
282624 d.If required for initial licensure, the new home state may require completion of
283625 jurisprudence requirements in the new home state.
284-e.Notwithstanding any other provision of this compact, if a licensee does not meet the
285-requirements of this compact for the reissuance of a multistate license by the new home
286-state, the licensee is subject to the new home state's requirements for the issuance of a
287-single state license in that state.
288-3.If a licensee changes the licensee's primary state of residence by moving from a member
289-state to a nonmember state, or from a nonmember state to a member state, the licensee is
290-subject to the state requirements for the issuance of a single state license in the new home
291-state.
292-4.This compact may not interfere with a licensee's ability to hold a single state license in multiple
293-states. For the purposes of this compact, a licensee may have only one home state, and only
294-one multistate license.
295-5.This compact may not interfere with the requirements established by a member state for the
296-issuance of a single state license.
626+e.Notwithstanding any other provision of this compact, if a licensee does not meet
627+the requirements of this compact for the reissuance of a multistate license by the
628+new home state, the licensee is subject to the new home state's requirements for
629+the issuance of a single state license in that state.
630+3.If a licensee changes the licensee's primary state of residence by moving from a
631+member state to a nonmember state, or from a nonmember state to a member state,
632+the licensee is subject to the state requirements for the issuance of a single state
633+license in the new home state.
634+4.This compact may not interfere with a licensee's ability to hold a single state license in
635+multiple states. For the purposes of this compact, a licensee may have only one home
636+state, and only one multistate license.
637+5.This compact may not interfere with the requirements established by a member state
638+for the issuance of a single state license.
297639 ARTICLE VIII - MILITARY FAMILIES
298-An active military member or an active military member's spouse shall designate a home state
299-where the individual has a multistate license. The individual may retain the individual's home state
300-designation during the period the military member is on active duty.
640+An active military member or an active military member's spouse shall designate a home
641+state where the individual has a multistate license. The individual may retain the individual's
642+home state designation during the period the military member is on active duty.
301643 ARTICLE IX - ADVERSE ACTIONS
302644 1.In addition to the other powers conferred by state law, a remote state may:
303-a.Take adverse action against a regulated social worker's multistate authorization to
304-practice only within that member state, and issue subpoenas for both hearings and
305-investigations that require the attendance and testimony of witnesses and the production
306-of evidence. A subpoena issued by a licensing authority in a member state for the
307-attendance and testimony of witnesses or the production of evidence from another
308-member state must be enforced in the latter state by a court of competent jurisdiction,
309-according to the practice and procedure of that court applicable to a subpoena issued in
310-proceedings pending before the court. The issuing licensing authority shall pay any
311-witness fees, travel expenses, mileage, and other fees required by the service statutes of
312-the state where the witnesses or evidence are located.
313-b.Only the home state has the power to take adverse action against a regulated social
314-worker's multistate license.
315-2.For purposes of taking adverse action, the home state shall give the same priority and effect
316-to reported conduct received from a member state as the home state would if the conduct had
317-occurred within the home state. In so doing, the home state shall apply its own state law to
318-determine appropriate action.
319-3.The home state shall complete any pending investigation of a regulated social worker who
320-changes their home state during the course of the investigation. The home state also has the
321-authority to take appropriate action and promptly shall report the conclusion of the
322-investigation to the administrator of the data system. The administrator of the data system
323-promptly shall notify the new home state of any adverse actions.
324-4.A member state may recover the costs of an investigation and disposition of a case resulting
325-from an adverse action taken against a regulated social worker from the regulated social
326-worker against which the action was taken, if otherwise allowed by state law. H. B. NO. 1035 - PAGE 9
327-5.A member state may take adverse action based on the factual findings of another member
328-state, if the member state follows its own procedures for taking the adverse action.
645+a.Take adverse action against a regulated social worker's multistate authorization
646+to practice only within that member state, and issue subpoenas for both hearings
647+and investigations that require the attendance and testimony of witnesses and
648+the production of evidence. A subpoena issued by a licensing authority in a
649+member state for the attendance and testimony of witnesses or the production of
650+evidence from another member state must be enforced in the latter state by a
651+court of competent jurisdiction, according to the practice and procedure of that
652+court applicable to a subpoena issued in proceedings pending before the court.
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686+The issuing licensing authority shall pay any witness fees, travel expenses,
687+mileage, and other fees required by the service statutes of the state where the
688+witnesses or evidence are located.
689+b.Only the home state has the power to take adverse action against a regulated
690+social worker's multistate license.
691+2.For purposes of taking adverse action, the home state shall give the same priority and
692+effect to reported conduct received from a member state as the home state would if
693+the conduct had occurred within the home state. In so doing, the home state shall
694+apply its own state law to determine appropriate action.
695+3.The home state shall complete any pending investigation of a regulated social worker
696+who changes their home state during the course of the investigation. The home state
697+also has the authority to take appropriate action and promptly shall report the
698+conclusion of the investigation to the administrator of the data system. The
699+administrator of the data system promptly shall notify the new home state of any
700+adverse actions.
701+4.A member state may recover the costs of an investigation and disposition of a case
702+resulting from an adverse action taken against a regulated social worker from the
703+regulated social worker against which the action was taken, if otherwise allowed by
704+state law.
705+5.A member state may take adverse action based on the factual findings of another
706+member state, if the member state follows its own procedures for taking the adverse
707+action.
329708 6.Joint investigations.
330-a.In addition to the authority granted to a member state by its respective social work
331-practice act or other applicable state law, any member state may participate with another
332-member state in joint investigations of licensees.
709+a.In addition to the authority granted to a member state by its respective social
710+work practice act or other applicable state law, any member state may participate
711+with another member state in joint investigations of licensees.
333712 b.Member states shall share any investigative, litigation, or compliance materials in
334713 furtherance of any joint or individual investigation initiated under the compact.
335-7.If adverse action is taken by the home state against the multistate license of a regulated social
336-worker, the regulated social worker's multistate authorization to practice in all other member
337-states must be deactivated until all encumbrances have been removed from the multistate
338-license. All home state disciplinary orders that impose adverse action against the license of a
339-regulated social worker must include a statement that the regulated social worker's multistate
340-authorization to practice is deactivated in all member states until all conditions of the decision,
341-order, or agreement are satisfied.
714+7.If adverse action is taken by the home state against the multistate license of a
715+regulated social worker, the regulated social worker's multistate authorization to
716+practice in all other member states must be deactivated until all encumbrances have
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750+been removed from the multistate license. All home state disciplinary orders that
751+impose adverse action against the license of a regulated social worker must include a
752+statement that the regulated social worker's multistate authorization to practice is
753+deactivated in all member states until all conditions of the decision, order, or
754+agreement are satisfied.
342755 8.If a member state takes adverse action, the member state promptly shall notify the
343-administrator of the data system. The administrator of the data system promptly shall notify
344-the home state and all other member states of any adverse actions by remote states.
345-9.This compact does not override a member state's decision that participation in an alternative
346-program may be used in lieu of adverse action.
347-10.This compact does not authorize a member state to demand the issuance of a subpoena for
348-attendance and testimony of witnesses or the production of evidence from another member
349-state for lawful actions within that member state.
350-11.This compact does not authorize a member state to impose discipline against a regulated
351-social worker who holds a multistate authorization to practice for lawful actions within another
352-member state.
756+administrator of the data system. The administrator of the data system promptly shall
757+notify the home state and all other member states of any adverse actions by remote
758+states.
759+9.This compact does not override a member state's decision that participation in an
760+alternative program may be used in lieu of adverse action.
761+10.This compact does not authorize a member state to demand the issuance of a
762+subpoena for attendance and testimony of witnesses or the production of evidence
763+from another member state for lawful actions within that member state.
764+11.This compact does not authorize a member state to impose discipline against a
765+regulated social worker who holds a multistate authorization to practice for lawful
766+actions within another member state.
353767 ARTICLE X - ESTABLISHMENT OF SOCIAL
354768 WORK LICENSURE COMPACT COMMISSION
355-1.The compact member states hereby create and establish a joint government agency whose
356-membership consists of all member states that have enacted the compact known as the social
357-work licensure compact commission. The commission is an instrumentality of the compact
358-states acting jointly and not an instrumentality of any one state. The commission must come
359-into existence on or after the effective date of the compact as provided in article XIV.
769+1.The compact member states hereby create and establish a joint government agency
770+whose membership consists of all member states that have enacted the compact
771+known as the social work licensure compact commission. The commission is an
772+instrumentality of the compact states acting jointly and not an instrumentality of any
773+one state. The commission must come into existence on or after the effective date of
774+the compact as provided in article XIV.
360775 2.Membership, voting, and meetings.
361-a.Each member state has one delegate who is selected by that member state's state
362-licensing authority.
776+a.Each member state has one delegate who is selected by that member state's
777+state licensing authority.
363778 b.The delegate must be:
364-(1)A current member of the state licensing authority at the time of appointment, who is
365-a regulated social worker or public member of the state licensing authority; or
366-(2)An administrator of the state licensing authority or the state licensing authority's
367-designee. H. B. NO. 1035 - PAGE 10
368-c.The commission shall establish a term of office for delegates by rule or bylaw and may
369-establish term limits by rule or bylaw.
370-d.The commission may recommend removal or suspension of any delegate from office.
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810+(1)A current member of the state licensing authority at the time of appointment,
811+who is a regulated social worker or public member of the state licensing
812+authority; or
813+(2)An administrator of the state licensing authority or the state licensing
814+authority's designee.
815+c.The commission shall establish a term of office for delegates by rule or bylaw and
816+may establish term limits by rule or bylaw.
817+d.The commission may recommend removal or suspension of any delegate from
818+office.
371819 e.A member state's state licensing authority shall fill any delegate vacancy on the
372820 commission within sixty days of the vacancy.
373-f.Each delegate is entitled to one vote on all matters before the commission requiring a
374-vote by commission delegates.
375-g.A delegate shall vote in person or by any other means as provided in the bylaws. The
376-bylaws may provide for delegates to meet by telecommunication, videoconference, or
377-other means of communication.
378-h.The commission shall meet at least once during each calendar year. Additional meetings
379-may be held as provided in the bylaws. The commission may meet by
821+f.Each delegate is entitled to one vote on all matters before the commission
822+requiring a vote by commission delegates.
823+g.A delegate shall vote in person or by any other means as provided in the bylaws.
824+The bylaws may provide for delegates to meet by telecommunication,
825+videoconference, or other means of communication.
826+h.The commission shall meet at least once during each calendar year. Additional
827+meetings may be held as provided in the bylaws. The commission may meet by
380828 telecommunication, video conference, or other similar electronic means.
381829 3.The commission has the power to:
382830 a.Establish the fiscal year of the commission;
383831 b.Establish code of conduct and conflict of interest policies;
384832 c.Establish and amend rules and bylaws;
385833 d.Maintain its financial records in accordance with the bylaws;
386-e.Meet and take actions consistent with the provisions of this compact, the commission's
387-rules, and the bylaws;
834+e.Meet and take actions consistent with the provisions of this compact, the
835+commission's rules, and the bylaws;
388836 f.Initiate and conclude legal proceedings or actions in the name of the commission,
389-provided the standing of any state licensing board to sue or be sued under applicable law
390-is not affected;
837+provided the standing of any state licensing board to sue or be sued under
838+applicable law is not affected;
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391870 g.Maintain and certify records and information provided to a member state as the
392-authenticated business records of the commission, and designate an agent to do so on
393-the commission's behalf;
871+authenticated business records of the commission, and designate an agent to do
872+so on the commission's behalf;
394873 h.Purchase and maintain insurance and bonds;
395-i.Borrow, accept, or contract for services of personnel, including employees of a member
396-state;
874+i.Borrow, accept, or contract for services of personnel, including employees of a
875+member state;
397876 j.Conduct an annual financial review;
398-k.Hire employees, elect or appoint officers, fix compensation, define duties, grant the
399-appropriate individuals the authority to carry out the purpose of the compact, and
400-establish the commission's personnel policies and programs relating to conflicts of
401-interest, qualifications of personnel, and other related personnel matters;
877+k.Hire employees, elect or appoint officers, fix compensation, define duties, grant
878+the appropriate individuals the authority to carry out the purpose of the compact,
879+and establish the commission's personnel policies and programs relating to
880+conflicts of interest, qualifications of personnel, and other related personnel
881+matters;
402882 l.Assess and collect fees;
403-m.Accept all appropriate gifts, donations, grants of money, other sources of revenue,
404-equipment, supplies, materials, and services, and receive, utilize, and dispose of the
405-same; if the commission avoids any appearance of impropriety or conflict of interest;
406-n.Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
407-mixed, or any undivided interest in the property; H. B. NO. 1035 - PAGE 11
408-o.Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
409-property, real, personal, or mixed;
883+m.Accept all appropriate gifts, donations, grants of money, other sources of
884+revenue, equipment, supplies, materials, and services, and receive, utilize, and
885+dispose of the same; if the commission avoids any appearance of impropriety or
886+conflict of interest;
887+n.Lease, purchase, retain, own, hold, improve, or use any property, real, personal,
888+or mixed, or any undivided interest in the property;
889+o.Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
890+of any property, real, personal, or mixed;
410891 p.Establish a budget and make expenditures;
411892 q.Borrow money;
412-r.Appoint committees, including standing committees, composed of members, state
413-regulators, state legislators or their representatives, and consumer representatives, and
414-any other interested persons designated in this compact and the bylaws;
415-s.Provide and receive information from, and cooperate with, law enforcement agencies;
893+r.Appoint committees, including standing committees, composed of members,
894+state regulators, state legislators or their representatives, and consumer
895+representatives, and any other interested persons designated in this compact
896+and the bylaws;
897+s.Provide and receive information from, and cooperate with, law enforcement
898+agencies;
416899 t.Establish and elect an executive committee, including a chair and a vice chair;
417-u.Determine whether a state's adopted language is so materially different from the model
418-compact language that the state would not qualify for participation in the compact; and
419-v.Perform any other function as may be necessary or appropriate to achieve the purpose
420-of this compact.
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932+u.Determine whether a state's adopted language is so materially different from the
933+model compact language that the state would not qualify for participation in the
934+compact; and
935+v.Perform any other function as may be necessary or appropriate to achieve the
936+purpose of this compact.
421937 4.The executive committee.
422-a.The executive committee may act on behalf of the commission according to this compact
423-and may:
424-(1)Oversee the day - to - day activities of the administration of the compact, including
425-enforcement of and compliance with the compact, its rules and bylaws, and any
426-other duties as deemed necessary;
427-(2)Recommend to the commission changes to the rules or bylaws, changes to this
428-compact legislation, fees charged to compact member states, fees charged to
429-licensees, and other fees;
430-(3)Ensure compact administration services are appropriately provided, including by
431-contract;
938+a.The executive committee may act on behalf of the commission according to this
939+compact and may:
940+(1)Oversee the day - to - day activities of the administration of the compact,
941+including enforcement of and compliance with the compact, its rules and
942+bylaws, and any other duties as deemed necessary;
943+(2)Recommend to the commission changes to the rules or bylaws, changes to
944+this compact legislation, fees charged to compact member states, fees
945+charged to licensees, and other fees;
946+(3)Ensure compact administration services are appropriately provided,
947+including by contract;
432948 (4)Prepare and recommend the budget;
433949 (5)Maintain financial records on behalf of the commission;
434-(6)Monitor compact compliance of member states and provide compliance reports to
435-the commission;
950+(6)Monitor compact compliance of member states and provide compliance
951+reports to the commission;
436952 (7)Establish additional committees as necessary;
437-(8)Exercise the powers and duties of the commission during the interim between
438-commission meetings, except for adopting or amending rules, adopting or amending
439-bylaws, and exercising any other powers and duties expressly reserved to the
440-commission by rule or bylaw; and
441-(9)Undertake any other duties as provided in the rules or bylaws of the commission.
953+(8)Exercise the powers and duties of the commission during the interim
954+between commission meetings, except for adopting or amending rules,
955+adopting or amending bylaws, and exercising any other powers and duties
956+expressly reserved to the commission by rule or bylaw; and
957+(9)Undertake any other duties as provided in the rules or bylaws of the
958+commission.
442959 b.The executive committee must be composed of no more than eleven members,
443960 including:
444961 (1)The chair and vice chair of the commission, who are voting members of the
445-executive committee; H. B. NO. 1035 - PAGE 12
446-(2)Five voting members from the current membership of the commission, elected by
447-the commission; and
448-(3)Up to four ex officio, nonvoting members from four recognized national social work
449-organizations, selected by their respective organizations.
450-c.The commission may remove any member of the executive committee as provided in the
451-commission's bylaws.
962+executive committee;
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996+(2)Five voting members from the current membership of the commission,
997+elected by the commission; and
998+(3)Up to four ex officio, nonvoting members from four recognized national
999+social work organizations, selected by their respective organizations.
1000+c.The commission may remove any member of the executive committee as
1001+provided in the commission's bylaws.
4521002 d.The executive committee shall meet at least annually.
453-(1)Executive committee meetings must be open to the public, except the executive
454-committee may meet in a closed, nonpublic meeting as provided in subdivision b of
455-subsection 6.
456-(2)The executive committee shall give seven days' notice of meetings, posted on its
457-website and as determined to provide notice to individuals with an interest in the
458-business of the commission.
1003+(1)Executive committee meetings must be open to the public, except the
1004+executive committee may meet in a closed, nonpublic meeting as provided
1005+in subdivision b of subsection 6.
1006+(2)The executive committee shall give seven days' notice of meetings, posted
1007+on its website and as determined to provide notice to individuals with an
1008+interest in the business of the commission.
4591009 (3)The executive committee may hold a special meeting in accordance with
4601010 paragraph 2 of subdivision a of subsection 6.
4611011 5.The commission shall adopt and provide to the member states an annual report.
4621012 6.Meetings of the commission.
463-a.All meetings must be open to the public, except the commission may meet in a closed,
464-nonpublic meeting as provided in subdivision b.
465-(1)Public notice for all meetings of the full commission must be given in the same
466-manner as required under the rulemaking provisions in article XII, except the
467-commission may hold a special meeting as provided in paragraph 2.
468-(2)The commission may hold a special meeting when the commission must meet to
469-conduct emergency business by giving forty-eight hours' notice to all
470-commissioners, on the commission's website, and other means as provided in the
471-commission's rules. The commission's legal counsel shall certify the commission's
472-need to meet qualifies as an emergency.
473-b.The commission or the executive committee or other committees of the commission may
474-convene in a closed, nonpublic meeting for the commission or executive committee or
475-other committees of the commission to receive legal advice or to discuss:
1013+a.All meetings must be open to the public, except the commission may meet in a
1014+closed, nonpublic meeting as provided in subdivision b.
1015+(1)Public notice for all meetings of the full commission must be given in the
1016+same manner as required under the rulemaking provisions in article XII,
1017+except the commission may hold a special meeting as provided in
1018+paragraph 2.
1019+(2)The commission may hold a special meeting when the commission must
1020+meet to conduct emergency business by giving forty-eight hours' notice to
1021+all commissioners, on the commission's website, and other means as
1022+provided in the commission's rules. The commission's legal counsel shall
1023+certify the commission's need to meet qualifies as an emergency.
1024+b.The commission or the executive committee or other committees of the
1025+commission may convene in a closed, nonpublic meeting for the commission or
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1058+executive committee or other committees of the commission to receive legal
1059+advice or to discuss:
4761060 (1)Noncompliance of a member state with its obligations under the compact;
4771061 (2)The employment, compensation, discipline, or other matters, practices, or
4781062 procedures related to specific employees;
479-(3)Current or threatened discipline of a licensee by the commission or by a member
480-state's licensing authority;
1063+(3)Current or threatened discipline of a licensee by the commission or by a
1064+member state's licensing authority;
4811065 (4)Current, threatened, or reasonably anticipated litigation;
482-(5)Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
483-estate;
1066+(5)Negotiation of contracts for the purchase, lease, or sale of goods, services,
1067+or real estate;
4841068 (6)Accusing a person of a crime or formally censuring a person;
4851069 (7)Trade secrets or commercial or financial information that is privileged or
486-confidential; H. B. NO. 1035 - PAGE 13
1070+confidential;
4871071 (8)Information of a personal nature where disclosure would constitute a clearly
4881072 unwarranted invasion of personal privacy;
4891073 (9)Investigative records compiled for law enforcement purposes;
490-(10)Information related to any investigative report prepared by or on behalf of or for use
491-by the commission or other committee charged with the responsibility of
492-investigation or determination of compliance issues under this compact;
493-(11)Matters specifically exempted from disclosure by federal or member state law; or
1074+(10)Information related to any investigative report prepared by or on behalf of or
1075+for use by the commission or other committee charged with the
1076+responsibility of investigation or determination of compliance issues under
1077+this compact;
1078+(11)Matters specifically exempted from disclosure by federal or member state
1079+law; or
4941080 (12)Other matters as adopted by the commission by rule.
4951081 c.If a meeting, or portion of a meeting, is closed, the presiding officer shall state the
496-meeting will be closed and reference each relevant exempting provision, which must be
497-recorded in the minutes.
498-d.The commission shall keep minutes that fully and clearly describe all matters discussed
499-in a meeting and shall provide a full and accurate summary of actions taken, and the
500-reasons the actions were taken, including a description of the views expressed. All
501-documents considered in connection with an action must be identified in the minutes. All
502-minutes and documents of a closed meeting must remain under seal, subject to release
503-only by a majority vote of the commission or order of a court of competent jurisdiction.
1082+meeting will be closed and reference each relevant exempting provision, which
1083+must be recorded in the minutes.
1084+d.The commission shall keep minutes that fully and clearly describe all matters
1085+discussed in a meeting and shall provide a full and accurate summary of actions
1086+taken, and the reasons the actions were taken, including a description of the
1087+views expressed. All documents considered in connection with an action must be
1088+identified in the minutes. All minutes and documents of a closed meeting must
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1122+remain under seal, subject to release only by a majority vote of the commission
1123+or order of a court of competent jurisdiction.
5041124 7.Financing of the commission.
505-a.The commission shall pay, or provide for the payment of, the reasonable expenses of its
506-establishment, organization, and ongoing activities.
507-b.The commission may accept any and all appropriate revenue sources as provided in
508-subdivision m of subsection 3.
509-c.The commission may levy on and collect an annual assessment from each member state
510-and impose fees on licensees of member states to whom the commission grants a
511-multistate license to cover the cost of the operations and activities of the commission and
512-its staff, which must be in a total amount sufficient to cover its annual budget as approved
513-each year for which revenue is not provided by other sources. The aggregate annual
514-assessment amount for member states must be allocated based on a formula the
515-commission shall adopt by rule.
516-d.The commission may not incur obligations before securing the funds required to meet
517-those obligations. The commission may not pledge the credit of any of the member
518-states, except by and with the authority of the member state.
519-e.The commission shall keep accurate accounts of all receipts and disbursements. The
520-receipts and disbursements of the commission are subject to the financial review and
521-accounting procedures established under its bylaws. However, all receipts and
522-disbursements of funds handled by the commission are subject to an annual financial
523-review by a certified or licensed public accountant, and the report of the financial review
524-must be included in the annual report of the commission.
1125+a.The commission shall pay, or provide for the payment of, the reasonable
1126+expenses of its establishment, organization, and ongoing activities.
1127+b.The commission may accept any and all appropriate revenue sources as
1128+provided in subdivision m of subsection 3.
1129+c.The commission may levy on and collect an annual assessment from each
1130+member state and impose fees on licensees of member states to whom the
1131+commission grants a multistate license to cover the cost of the operations and
1132+activities of the commission and its staff, which must be in a total amount
1133+sufficient to cover its annual budget as approved each year for which revenue is
1134+not provided by other sources. The aggregate annual assessment amount for
1135+member states must be allocated based on a formula the commission shall adopt
1136+by rule.
1137+d.The commission may not incur obligations before securing the funds required to
1138+meet those obligations. The commission may not pledge the credit of any of the
1139+member states, except by and with the authority of the member state.
1140+e.The commission shall keep accurate accounts of all receipts and disbursements.
1141+The receipts and disbursements of the commission are subject to the financial
1142+review and accounting procedures established under its bylaws. However, all
1143+receipts and disbursements of funds handled by the commission are subject to
1144+an annual financial review by a certified or licensed public accountant, and the
1145+report of the financial review must be included in the annual report of the
1146+commission.
5251147 8.Qualified immunity, defense, and indemnification.
5261148 a.The members, officers, executive director, employees, and representatives of the
5271149 commission are immune from suit and liability, both personally and in their official
528-capacity, for any claim for damage to or loss of property or personal injury or other civil
529-liability caused by or arising out of any actual or alleged act, error, or omission that
530-occurred, or that the person against whom the claim is made had a reasonable basis for H. B. NO. 1035 - PAGE 14
531-believing occurred, within the scope of commission employment, duties, or
532-responsibilities.
533-(1)This subdivision may not be construed to protect any person from suit or liability for
534-any damage, loss, injury, or liability caused by the intentional or willful or wanton
535-misconduct by that person.
536-(2)The procurement of insurance of any type by the commission may not compromise
537-or limit the immunity granted under this subsection.
538-b.The commission shall defend any member, officer, executive director, employee, and
539-representative of the commission in any civil action seeking to impose liability arising out
540-of any actual or alleged act, error, or omission that occurred within the scope of
541-commission employment, duties, or responsibilities, or as determined by the commission
542-that the person against whom the claim is made had a reasonable basis for believing
543-occurred within the scope of commission employment, duties, or responsibilities. This
544-subsection may not be construed to prohibit that person from retaining their own counsel
545-at their own expense and that the actual or alleged act, error, or omission did not result
546-from that person's intentional or willful or wanton misconduct.
547-c.The commission shall indemnify and hold harmless any member, officer, executive
548-director, employee, and representative of the commission for the amount of any
549-settlement or judgment obtained against that person arising out of any actual or alleged
550-act, error, or omission that occurred within the scope of commission employment, duties,
551-or responsibilities, or that the person had a reasonable basis for believing occurred within
552-the scope of commission employment, duties, or responsibilities, provided the actual or
553-alleged act, error, or omission did not result from the intentional or willful or wanton
554-misconduct by that person.
555-d.This compact may not be construed to limit the liability of a licensee for professional
556-malpractice or misconduct, which is solely governed by any other applicable state laws.
557-e.This compact may not be interpreted to waive or otherwise abrogate a member state's
558-state action immunity or state action affirmative defense with respect to antitrust claims
559-under the Sherman Act, Clayton Act, or any other state or federal antitrust or
560-anticompetitive law or regulation.
561-f.This compact may not be construed to be a waiver of sovereign immunity by the member
562-states or by the commission.
1150+capacity, for any claim for damage to or loss of property or personal injury or
1151+other civil liability caused by or arising out of any actual or alleged act, error, or
1152+omission that occurred, or that the person against whom the claim is made had a
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1186+reasonable basis for believing occurred, within the scope of commission
1187+employment, duties, or responsibilities.
1188+(1)This subdivision may not be construed to protect any person from suit or
1189+liability for any damage, loss, injury, or liability caused by the intentional or
1190+willful or wanton misconduct by that person.
1191+(2)The procurement of insurance of any type by the commission may not
1192+compromise or limit the immunity granted under this subsection.
1193+b.The commission shall defend any member, officer, executive director, employee,
1194+and representative of the commission in any civil action seeking to impose
1195+liability arising out of any actual or alleged act, error, or omission that occurred
1196+within the scope of commission employment, duties, or responsibilities, or as
1197+determined by the commission that the person against whom the claim is made
1198+had a reasonable basis for believing occurred within the scope of commission
1199+employment, duties, or responsibilities. This subsection may not be construed to
1200+prohibit that person from retaining their own counsel at their own expense and
1201+that the actual or alleged act, error, or omission did not result from that person's
1202+intentional or willful or wanton misconduct.
1203+c.The commission shall indemnify and hold harmless any member, officer,
1204+executive director, employee, and representative of the commission for the
1205+amount of any settlement or judgment obtained against that person arising out of
1206+any actual or alleged act, error, or omission that occurred within the scope of
1207+commission employment, duties, or responsibilities, or that the person had a
1208+reasonable basis for believing occurred within the scope of commission
1209+employment, duties, or responsibilities, provided the actual or alleged act, error,
1210+or omission did not result from the intentional or willful or wanton misconduct by
1211+that person.
1212+d.This compact may not be construed to limit the liability of a licensee for
1213+professional malpractice or misconduct, which is solely governed by any other
1214+applicable state laws.
1215+e.This compact may not be interpreted to waive or otherwise abrogate a member
1216+state's state action immunity or state action affirmative defense with respect to
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1250+antitrust claims under the Sherman Act, Clayton Act, or any other state or federal
1251+antitrust or anticompetitive law or regulation.
1252+f.This compact may not be construed to be a waiver of sovereign immunity by the
1253+member states or by the commission.
5631254 ARTICLE XI - DATA SYSTEM
564-1.The commission shall provide for the development, maintenance, operation, and utilization of
565-a coordinated data system.
566-2.The commission shall assign each applicant for a multistate license a unique identifier, as
567-determined by the rules of the commission.
568-3.Notwithstanding any other provision of state law, a member state shall submit a uniform data
569-set to the data system on all individuals to whom this compact is applicable as required by the
570-rules of the commission, including:
1255+1.The commission shall provide for the development, maintenance, operation, and
1256+utilization of a coordinated data system.
1257+2.The commission shall assign each applicant for a multistate license a unique identifier,
1258+as determined by the rules of the commission.
1259+3.Notwithstanding any other provision of state law, a member state shall submit a
1260+uniform data set to the data system on all individuals to whom this compact is
1261+applicable as required by the rules of the commission, including:
5711262 a.Identifying information;
5721263 b.Licensure data;
573-c.Adverse actions against a license and information related thereto; H. B. NO. 1035 - PAGE 15
574-d.Nonconfidential information related to alternative program participation, the beginning
575-and ending dates of the participation, and other information related to the participation
576-not made confidential under member state law;
1264+c.Adverse actions against a license and information related thereto;
1265+d.Nonconfidential information related to alternative program participation, the
1266+beginning and ending dates of the participation, and other information related to
1267+the participation not made confidential under member state law;
5771268 e.Any denial of an application for licensure, and the reason for the denial;
5781269 f.The presence of current significant investigative information; and
579-g.Other information that may facilitate the administration of this compact or the protection
580-of the public, as determined by the rules of the commission.
581-4.The records and information provided to a member state under this compact or through the
582-data system, when certified by the commission or an agent of the commission, constitutes the
583-authenticated business records of the commission, and is entitled to any associated hearsay
584-exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member
585-state.
586-5.Current significant investigative information pertaining to a licensee in any member state only
587-will be available to other member states. It is the responsibility of the member states to report
588-any adverse action against a licensee and to monitor the database to determine whether
589-adverse action has been taken against a licensee. Adverse action information pertaining to a
590-licensee in any member state will be available to any other member state.
591-6.Member states contributing information to the data system may designate information that
592-may not be shared with the public without the express permission of the contributing state.
593-7.Any information submitted to the data system that is subsequently expunged under federal law
594-or the laws of the member state contributing the information must be removed from the data
595-system.
1270+g.Other information that may facilitate the administration of this compact or the
1271+protection of the public, as determined by the rules of the commission.
1272+4.The records and information provided to a member state under this compact or
1273+through the data system, when certified by the commission or an agent of the
1274+commission, constitutes the authenticated business records of the commission, and is
1275+entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or
1276+administrative proceedings in a member state.
1277+5.Current significant investigative information pertaining to a licensee in any member
1278+state only will be available to other member states. It is the responsibility of the
1279+member states to report any adverse action against a licensee and to monitor the
1280+database to determine whether adverse action has been taken against a licensee.
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1314+Adverse action information pertaining to a licensee in any member state will be
1315+available to any other member state.
1316+6.Member states contributing information to the data system may designate information
1317+that may not be shared with the public without the express permission of the
1318+contributing state.
1319+7.Any information submitted to the data system that is subsequently expunged under
1320+federal law or the laws of the member state contributing the information must be
1321+removed from the data system.
5961322 ARTICLE XII - RULEMAKING
597-1.The commission shall adopt reasonable rules to effectively and efficiently implement and
598-administer the purpose and provisions of the compact. A rule is invalid if a court of competent
599-jurisdiction holds the rule is invalid because the commission exercised its rulemaking authority
600-in a manner beyond the scope and purpose of the compact, or the powers granted hereunder,
601-or based upon another applicable standard of review.
602-2.The rules of the commission have the force of law in each member state. If the rules of the
603-commission conflict with the laws of the member state that establish the member state's laws,
604-regulations, and applicable standards that govern the practice of social work as held by a
605-court of competent jurisdiction, the rules of the commission are ineffective in that state to the
606-extent of the conflict.
607-3.The commission shall exercise its rulemaking powers under the criteria provided in this
608-section and the rules adopted thereunder. Rules are binding on the day following adoption or
609-the date specified in the rule or amendment, whichever is later.
610-4.If a majority of the legislatures of the member states reject a rule or portion of a rule, by
611-enactment of a statute or resolution in the same manner used to adopt the compact within four
612-years of the date of adoption of the rule, then the rule has no further force and effect in any
613-member state.
1323+1.The commission shall adopt reasonable rules to effectively and efficiently implement
1324+and administer the purpose and provisions of the compact. A rule is invalid if a court of
1325+competent jurisdiction holds the rule is invalid because the commission exercised its
1326+rulemaking authority in a manner beyond the scope and purpose of the compact, or
1327+the powers granted hereunder, or based upon another applicable standard of review.
1328+2.The rules of the commission have the force of law in each member state. If the rules of
1329+the commission conflict with the laws of the member state that establish the member
1330+state's laws, regulations, and applicable standards that govern the practice of social
1331+work as held by a court of competent jurisdiction, the rules of the commission are
1332+ineffective in that state to the extent of the conflict.
1333+3.The commission shall exercise its rulemaking powers under the criteria provided in
1334+this section and the rules adopted thereunder. Rules are binding on the day following
1335+adoption or the date specified in the rule or amendment, whichever is later.
1336+4.If a majority of the legislatures of the member states reject a rule or portion of a rule,
1337+by enactment of a statute or resolution in the same manner used to adopt the compact
1338+within four years of the date of adoption of the rule, then the rule has no further force
1339+and effect in any member state.
6141340 5.Rules must be adopted at a regular or special meeting of the commission.
615-6.Before the adoption of a proposed rule, the commission shall hold a public hearing and allow
616-individuals to provide oral and written comments. H. B. NO. 1035 - PAGE 16
617-7.Before the adoption of a proposed rule by the commission, and at least thirty days before the
618-meeting at which the commission will hold a public hearing on the proposed rule, the
619-commission shall provide a notice of proposed rulemaking:
1341+6.Before the adoption of a proposed rule, the commission shall hold a public hearing
1342+and allow individuals to provide oral and written comments.
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1374+7.Before the adoption of a proposed rule by the commission, and at least thirty days
1375+before the meeting at which the commission will hold a public hearing on the proposed
1376+rule, the commission shall provide a notice of proposed rulemaking:
6201377 a.On the website of the commission or other publicly accessible platform;
6211378 b.To persons who have requested notice of the commission's notices of proposed
6221379 rulemaking; and
6231380 c.In other ways as the commission may by rule specify.
6241381 8.The notice of proposed rulemaking must include:
625-a.The time, date, and location of the public hearing at which the commission will hear
626-public comments on the proposed rule and, if different, the time, date, and location of the
627-meeting where the commission will consider and vote on the proposed rule;
628-b.If the hearing is held via telecommunication, video conference, or other electronic means,
629-the mechanism for access to the hearing in the notice of proposed rulemaking;
1382+a.The time, date, and location of the public hearing at which the commission will
1383+hear public comments on the proposed rule and, if different, the time, date, and
1384+location of the meeting where the commission will consider and vote on the
1385+proposed rule;
1386+b.If the hearing is held via telecommunication, video conference, or other electronic
1387+means, the mechanism for access to the hearing in the notice of proposed
1388+rulemaking;
6301389 c.The text of the proposed rule and the reason for the rule;
6311390 d.A request for comments on the proposed rule from any interested person; and
6321391 e.The manner in which interested persons may submit written comments.
633-9.All hearings will be recorded. A copy of the recording and all written comments and documents
634-received by the commission in response to the proposed rule must be available to the public.
635-10.This article may not be construed to require a separate hearing on each rule. Rules may be
636-grouped for the convenience of the commission at hearings required by this article.
637-11.The commission shall, by majority vote of all members, take final action on the proposed rule
638-based on the rulemaking record and the full text of the rule.
639-a.The commission may adopt changes to the proposed rule provided the changes do not
640-enlarge the original purpose of the proposed rule.
641-b.The commission shall provide an explanation of the reasons for substantive changes
642-made to the proposed rule and reasons for substantive changes not made that were
643-recommended by commenters.
644-c.The commission shall determine a reasonable effective date for the rule. Except for an
645-emergency as provided in subsection 12, the effective date of the rule may not be sooner
646-than thirty days after issuing the notice that the commission adopted or amended the
647-rule.
648-12.Upon determination that an emergency exists, the commission may consider and adopt an
649-emergency rule with forty-eight hours' notice, with opportunity to comment, provided the usual
650-rulemaking procedures provided in the compact and in this section is to be applied
651-retroactively to the rule as soon as reasonably possible, no later than ninety days after the
652-effective date of the rule. For the purposes of this subsection, an emergency rule is one that
653-must be adopted immediately in order to:
1392+9.All hearings will be recorded. A copy of the recording and all written comments and
1393+documents received by the commission in response to the proposed rule must be
1394+available to the public.
1395+10.This article may not be construed to require a separate hearing on each rule. Rules
1396+may be grouped for the convenience of the commission at hearings required by this
1397+article.
1398+11.The commission shall, by majority vote of all members, take final action on the
1399+proposed rule based on the rulemaking record and the full text of the rule.
1400+a.The commission may adopt changes to the proposed rule provided the changes
1401+do not enlarge the original purpose of the proposed rule.
1402+b.The commission shall provide an explanation of the reasons for substantive
1403+changes made to the proposed rule and reasons for substantive changes not
1404+made that were recommended by commenters.
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1438+c.The commission shall determine a reasonable effective date for the rule. Except
1439+for an emergency as provided in subsection 12, the effective date of the rule may
1440+not be sooner than thirty days after issuing the notice that the commission
1441+adopted or amended the rule.
1442+12.Upon determination that an emergency exists, the commission may consider and
1443+adopt an emergency rule with forty-eight hours' notice, with opportunity to comment,
1444+provided the usual rulemaking procedures provided in the compact and in this section
1445+is to be applied retroactively to the rule as soon as reasonably possible, no later than
1446+ninety days after the effective date of the rule. For the purposes of this subsection, an
1447+emergency rule is one that must be adopted immediately in order to:
6541448 a.Meet an imminent threat to public health, safety, or welfare;
6551449 b.Prevent a loss of commission or member state funds;
656-c.Meet a deadline for the adoption of a rule that is established by federal law or rule; or H. B. NO. 1035 - PAGE 17
1450+c.Meet a deadline for the adoption of a rule that is established by federal law or
1451+rule; or
6571452 d.Protect public health and safety.
658-13.The commission or an authorized committee of the commission may direct revisions to a
659-previously adopted rule for purposes of correcting typographical errors, errors in format, errors
660-in consistency, or grammatical errors. Public notice of any revisions must be posted on the
661-commission's website. The revision is subject to challenge by any person for a period of thirty
662-days after posting. The revision may be challenged if the revision results in a material change
663-to a rule. A challenge must be made in writing and delivered to the commission before the end
664-of the notice period. If no challenge is made, the revision will take effect without further action.
665-If the revision is challenged, the revision may not take effect without the approval of the
666-commission.
1453+13.The commission or an authorized committee of the commission may direct revisions to
1454+a previously adopted rule for purposes of correcting typographical errors, errors in
1455+format, errors in consistency, or grammatical errors. Public notice of any revisions
1456+must be posted on the commission's website. The revision is subject to challenge by
1457+any person for a period of thirty days after posting. The revision may be challenged if
1458+the revision results in a material change to a rule. A challenge must be made in writing
1459+and delivered to the commission before the end of the notice period. If no challenge is
1460+made, the revision will take effect without further action. If the revision is challenged,
1461+the revision may not take effect without the approval of the commission.
6671462 14.A member state's rulemaking requirements do not apply under this compact.
6681463 ARTICLE XIII - OVERSIGHT,
6691464 DISPUTE RESOLUTION, AND ENFORCEMENT
6701465 1.Oversight.
671-a.The executive and judicial branches of state government in each member state shall
672-effectuate this compact and take all actions necessary and appropriate to implement the
673-compact.
674-b.Except as otherwise provided in this compact, venue is proper and judicial proceedings
675-by or against the commission must be brought in a court of competent jurisdiction where
676-the principal office of the commission is located. The commission may waive venue and
677-jurisdictional defenses to the extent the commission adopts or consents to participate in
678-alternative dispute resolution proceedings. This article may not affect or limit the selection
679-or propriety of venue in any action against a licensee for professional malpractice,
680-misconduct, or any similar matter.
681-c.The commission is entitled to receive service of process in any proceeding regarding the
682-enforcement or interpretation of the compact and has standing to intervene in the
683-proceeding for all purposes. Failure to provide the commission service of process
684-renders a judgment or order void as to the commission, this compact, or adopted rules.
1466+a.The executive and judicial branches of state government in each member state
1467+shall effectuate this compact and take all actions necessary and appropriate to
1468+implement the compact.
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1502+b.Except as otherwise provided in this compact, venue is proper and judicial
1503+proceedings by or against the commission must be brought in a court of
1504+competent jurisdiction where the principal office of the commission is located.
1505+The commission may waive venue and jurisdictional defenses to the extent the
1506+commission adopts or consents to participate in alternative dispute resolution
1507+proceedings. This article may not affect or limit the selection or propriety of venue
1508+in any action against a licensee for professional malpractice, misconduct, or any
1509+similar matter.
1510+c.The commission is entitled to receive service of process in any proceeding
1511+regarding the enforcement or interpretation of the compact and has standing to
1512+intervene in the proceeding for all purposes. Failure to provide the commission
1513+service of process renders a judgment or order void as to the commission, this
1514+compact, or adopted rules.
6851515 2.Default, technical assistance, and termination.
686-a.If the commission determines a member state has defaulted in the performance of its
687-obligations or responsibilities under this compact or the adopted rules, the commission
688-shall provide written notice to the defaulting state. The notice of default must describe the
689-default, the proposed means of curing the default, and any other action the commission
690-may take, and must offer training and specific technical assistance regarding the default.
691-b.The commission shall provide a copy of the notice of default to the other member states.
692-3.If a state in default fails to cure the default, the defaulting state may be terminated from the
693-compact upon an affirmative vote of a majority of the delegates of the member states, and all
694-rights, privileges, and benefits conferred on that state by this compact may be terminated on
695-the effective date of termination. A cure of the default does not relieve the offending state of
696-obligations or liabilities incurred during the period of default.
697-4.Termination of membership in the compact must be imposed only after all other means of
698-securing compliance have been exhausted. Notice of intent to suspend or terminate must be
699-given by the commission to the governor, the majority and minority leaders of the defaulting
700-state's legislature, the defaulting state's state licensing authority, and each of the member
701-states' state licensing authority. H. B. NO. 1035 - PAGE 18
702-5.A state that has its membership terminated is responsible for all assessments, obligations, and
703-liabilities incurred through the effective date of termination, including obligations extending
704-beyond the effective date of termination.
705-6.Upon the termination of a state's membership from this compact, that state immediately shall
706-provide notice to all licensees within that state of the termination. The terminated state shall
707-continue to recognize all licenses granted under this compact for a minimum of six months
708-after the date of the notice of termination.
709-7.The commission may not incur any costs related to a state that is found to be in default or that
710-has been terminated from the compact, unless agreed upon in writing between the
711-commission and the defaulting state.
712-8.The defaulting state may appeal the action of the commission by petitioning the United States
713-district court for the District of Columbia or the federal district where the commission's principal
714-office is located. The prevailing party must be awarded all costs of the litigation, including
715-reasonable attorney's fees.
1516+a.If the commission determines a member state has defaulted in the performance
1517+of its obligations or responsibilities under this compact or the adopted rules, the
1518+commission shall provide written notice to the defaulting state. The notice of
1519+default must describe the default, the proposed means of curing the default, and
1520+any other action the commission may take, and must offer training and specific
1521+technical assistance regarding the default.
1522+b.The commission shall provide a copy of the notice of default to the other member
1523+states.
1524+3.If a state in default fails to cure the default, the defaulting state may be terminated
1525+from the compact upon an affirmative vote of a majority of the delegates of the
1526+member states, and all rights, privileges, and benefits conferred on that state by this
1527+compact may be terminated on the effective date of termination. A cure of the default
1528+does not relieve the offending state of obligations or liabilities incurred during the
1529+period of default.
1530+4.Termination of membership in the compact must be imposed only after all other means
1531+of securing compliance have been exhausted. Notice of intent to suspend or terminate
1532+must be given by the commission to the governor, the majority and minority leaders of
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1566+the defaulting state's legislature, the defaulting state's state licensing authority, and
1567+each of the member states' state licensing authority.
1568+5.A state that has its membership terminated is responsible for all assessments,
1569+obligations, and liabilities incurred through the effective date of termination, including
1570+obligations extending beyond the effective date of termination.
1571+6.Upon the termination of a state's membership from this compact, that state
1572+immediately shall provide notice to all licensees within that state of the termination.
1573+The terminated state shall continue to recognize all licenses granted under this
1574+compact for a minimum of six months after the date of the notice of termination.
1575+7.The commission may not incur any costs related to a state that is found to be in
1576+default or that has been terminated from the compact, unless agreed upon in writing
1577+between the commission and the defaulting state.
1578+8.The defaulting state may appeal the action of the commission by petitioning the United
1579+States district court for the District of Columbia or the federal district where the
1580+commission's principal office is located. The prevailing party must be awarded all costs
1581+of the litigation, including reasonable attorney's fees.
7161582 9.Dispute resolution.
717-a.Upon request by a member state, the commission shall attempt to resolve disputes
718-related to the compact which arise among member states and between member and
719-nonmember states.
720-b.The commission shall adopt a rule providing for both mediation and binding dispute
721-resolution for disputes as appropriate.
1583+a.Upon request by a member state, the commission shall attempt to resolve
1584+disputes related to the compact which arise among member states and between
1585+member and nonmember states.
1586+b.The commission shall adopt a rule providing for both mediation and binding
1587+dispute resolution for disputes as appropriate.
7221588 10.Enforcement.
723-a.By majority vote as provided by rule, the commission may initiate legal action against a
724-member state in default in the United States district court for the District of Columbia or
725-the federal district where the commission's principal office is located to enforce
726-compliance with the provisions of the compact and its adopted rules. The relief sought
727-may include both injunctive relief and damages. If judicial enforcement is necessary, the
728-prevailing party must be awarded all costs of the litigation, including reasonable
729-attorney's fees. The remedies herein may not be the exclusive remedies of the
730-commission. The commission may pursue any other remedies available under federal
731-law or the defaulting member state's law.
732-b.A member state may initiate legal action against the commission in the United States
733-district court for the District of Columbia or the federal district where the commission's
734-principal office is located to enforce compliance with the provisions of the compact and its
735-adopted rules. The relief sought may include both injunctive relief and damages. If
736-judicial enforcement is necessary, the prevailing party must be awarded all costs of the
737-litigation, including reasonable attorney's fees.
1589+a.By majority vote as provided by rule, the commission may initiate legal action
1590+against a member state in default in the United States district court for the District
1591+of Columbia or the federal district where the commission's principal office is
1592+located to enforce compliance with the provisions of the compact and its adopted
1593+rules. The relief sought may include both injunctive relief and damages. If judicial
1594+enforcement is necessary, the prevailing party must be awarded all costs of the
1595+litigation, including reasonable attorney's fees. The remedies herein may not be
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1628+the exclusive remedies of the commission. The commission may pursue any
1629+other remedies available under federal law or the defaulting member state's law.
1630+b.A member state may initiate legal action against the commission in the United
1631+States district court for the District of Columbia or the federal district where the
1632+commission's principal office is located to enforce compliance with the provisions
1633+of the compact and its adopted rules. The relief sought may include both
1634+injunctive relief and damages. If judicial enforcement is necessary, the prevailing
1635+party must be awarded all costs of the litigation, including reasonable attorney's
1636+fees.
7381637 c.Only a member state may enforce this compact against the commission.
7391638 ARTICLE XIV - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
740-1.The compact is effective on the date on which the compact statute is enacted into law in the
741-seventh member state.
742-a.On or after the effective date of the compact, the commission shall convene and review
743-the enactment of each of the first seven member states, known as the charter member
744-states, to determine if the statute enacted by each charter member state is materially
745-different than the model compact statute. H. B. NO. 1035 - PAGE 19
746-(1)A charter member state whose enactment is found to be materially different from the
747-model compact statute is entitled to the default process in accordance with
748-article XIII.
749-(2)If any member state is later found to be in default, or is terminated or withdraws
750-from the compact, the commission shall remain in existence and the compact shall
751-remain in effect even if the number of member states is fewer than seven.
752-b.Member states enacting the compact subsequent to the seven initial charter member
753-states are subject to the process provided in subdivision u of subsection 3 of article X to
754-determine if their enactments are materially different from the model compact statute and
755-whether they qualify for participation in the compact.
756-c.All actions taken for the benefit of the commission or in furtherance of the purposes of
757-the administration of the compact before the effective date of the compact or the
758-commission coming into existence must be considered to be actions of the commission
759-unless specifically repudiated by the commission.
760-d.Any state that joins the compact after the commission's initial adoption of the rules and
761-bylaws is subject to the rules and bylaws as they exist on the date the compact becomes
762-law in that state. Any rule that has been adopted previously by the commission has the
763-full force and effect of law on the day the compact becomes law in that state.
1639+1.The compact is effective on the date on which the compact statute is enacted into law
1640+in the seventh member state.
1641+a.On or after the effective date of the compact, the commission shall convene and
1642+review the enactment of each of the first seven member states, known as the
1643+charter member states, to determine if the statute enacted by each charter
1644+member state is materially different than the model compact statute.
1645+(1)A charter member state whose enactment is found to be materially different
1646+from the model compact statute is entitled to the default process in
1647+accordance with article XIII.
1648+(2)If any member state is later found to be in default, or is terminated or
1649+withdraws from the compact, the commission shall remain in existence and
1650+the compact shall remain in effect even if the number of member states is
1651+fewer than seven.
1652+b.Member states enacting the compact subsequent to the seven initial charter
1653+member states are subject to the process provided in subdivision u of
1654+subsection 3 of article X to determine if their enactments are materially different
1655+from the model compact statute and whether they qualify for participation in the
1656+compact.
1657+c.All actions taken for the benefit of the commission or in furtherance of the
1658+purposes of the administration of the compact before the effective date of the
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1692+compact or the commission coming into existence must be considered to be
1693+actions of the commission unless specifically repudiated by the commission.
1694+d.Any state that joins the compact after the commission's initial adoption of the
1695+rules and bylaws is subject to the rules and bylaws as they exist on the date the
1696+compact becomes law in that state. Any rule that has been adopted previously by
1697+the commission has the full force and effect of law on the day the compact
1698+becomes law in that state.
7641699 2.Any member state may withdraw from this compact by enacting a statute repealing the
7651700 compact.
766-a.A member state's withdrawal may not take effect until one hundred eighty days after
767-enactment of the repealing statute.
768-b.Withdrawal may not affect the continuing requirement of the withdrawing state's licensing
769-authority to comply with the investigative and adverse action reporting requirements of
770-this compact before the effective date of withdrawal.
771-c.Upon the enactment of a statute withdrawing from this compact, a state immediately shall
772-provide notice of the withdrawal to all licensees within that state. Notwithstanding any
773-subsequent statutory enactment to the contrary, the withdrawing state shall continue to
774-recognize all licenses granted under this compact for a minimum of one hundred eighty
775-days after the date of the notice of withdrawal.
776-3.This compact may not be construed to invalidate or prevent any licensure agreement or other
777-cooperative arrangement between a member state and a nonmember state that does not
778-conflict with the provisions of this compact.
779-4.This compact may be amended by the member states. An amendment to this compact may
780-not become effective and binding upon any member state until the amendment is enacted into
781-the laws of all member states.
1701+a.A member state's withdrawal may not take effect until one hundred eighty days
1702+after enactment of the repealing statute.
1703+b.Withdrawal may not affect the continuing requirement of the withdrawing state's
1704+licensing authority to comply with the investigative and adverse action reporting
1705+requirements of this compact before the effective date of withdrawal.
1706+c.Upon the enactment of a statute withdrawing from this compact, a state
1707+immediately shall provide notice of the withdrawal to all licensees within that
1708+state. Notwithstanding any subsequent statutory enactment to the contrary, the
1709+withdrawing state shall continue to recognize all licenses granted under this
1710+compact for a minimum of one hundred eighty days after the date of the notice of
1711+withdrawal.
1712+3.This compact may not be construed to invalidate or prevent any licensure agreement
1713+or other cooperative arrangement between a member state and a nonmember state
1714+that does not conflict with the provisions of this compact.
1715+4.This compact may be amended by the member states. An amendment to this compact
1716+may not become effective and binding upon any member state until the amendment is
1717+enacted into the laws of all member states.
7821718 ARTICLE XV - CONSTRUCTION AND SEVERABILITY
783-1.This compact and the commission's rulemaking authority must be liberally construed so as to
784-effectuate the purpose, and the implementation and administration of the compact. Provisions
785-of the compact expressly authorizing or requiring the adoption of rules may not be construed
786-to limit the commission's rulemaking authority solely for those purposes.
787-2.The provisions of this compact are severable and if any phrase, clause, sentence, or provision
788-of this compact is held by a court of competent jurisdiction to be contrary to the constitution of
789-any member state, a state seeking participation in the compact, or of the United States, or the
790-applicability thereof to any government, agency, person, or circumstance is held to be H. B. NO. 1035 - PAGE 20
791-unconstitutional by a court of competent jurisdiction, the validity of the remainder of this
792-compact and the applicability of the compact to any other government, agency, person, or
793-circumstance may not be affected thereby.
794-3.Notwithstanding subsection 2, the commission may deny a state's participation in the compact
795-or, in accordance with the requirements of subsection 2 of article XIII, terminate a member
796-state's participation in the compact, if the commission determines a constitutional requirement
797-of a member state is a material departure from the compact. If this compact is held to be
798-contrary to the constitution of any member state, the compact must remain in full force and
799-effect as to the remaining member states and in full force and effect as to the member state
800-affected as to all severable matters.
1719+1.This compact and the commission's rulemaking authority must be liberally construed
1720+so as to effectuate the purpose, and the implementation and administration of the
1721+compact. Provisions of the compact expressly authorizing or requiring the adoption of
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1754+rules may not be construed to limit the commission's rulemaking authority solely for
1755+those purposes.
1756+2.The provisions of this compact are severable and if any phrase, clause, sentence, or
1757+provision of this compact is held by a court of competent jurisdiction to be contrary to
1758+the constitution of any member state, a state seeking participation in the compact, or
1759+of the United States, or the applicability thereof to any government, agency, person, or
1760+circumstance is held to be unconstitutional by a court of competent jurisdiction, the
1761+validity of the remainder of this compact and the applicability of the compact to any
1762+other government, agency, person, or circumstance may not be affected thereby.
1763+3.Notwithstanding subsection 2, the commission may deny a state's participation in the
1764+compact or, in accordance with the requirements of subsection 2 of article XIII,
1765+terminate a member state's participation in the compact, if the commission determines
1766+a constitutional requirement of a member state is a material departure from the
1767+compact. If this compact is held to be contrary to the constitution of any member state,
1768+the compact must remain in full force and effect as to the remaining member states
1769+and in full force and effect as to the member state affected as to all severable matters.
8011770 ARTICLE XVI - CONSISTENT EFFECT
8021771 AND CONFLICT WITH OTHER STATE LAW S
803-1.A licensee providing services in a remote state under a multistate authorization to practice
804-shall adhere to the laws and regulations, including laws, regulations, and applicable
805-standards, of the remote state where the client is located at the time care is rendered.
806-2.This compact may not prevent the enforcement of any other law of a member state that is not
807-inconsistent with the compact.
808-3.Any law, statute, regulation, or other legal requirement in a member state in conflict with the
809-compact is superseded to the extent of the conflict.
810-4.All permissible agreements between the commission and the member states are binding in
811-accordance with the terms of the agreement. H. B. NO. 1035 - PAGE 21
812-____________________________ ____________________________
813-Speaker of the House President of the Senate
814-____________________________ ____________________________
815-Chief Clerk of the House Secretary of the Senate
816-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
817-Assembly of North Dakota and is known on the records of that body as House Bill No. 1035.
818-House Vote: Yeas 89 Nays 1 Absent 4
819-Senate Vote:Yeas 47 Nays 0 Absent 0
820-____________________________
821-Chief Clerk of the House
822-Received by the Governor at ________M. on _____________________________________, 2025.
823-Approved at ________M. on __________________________________________________, 2025.
824-____________________________
825-Governor
826-Filed in this office this ___________day of _______________________________________, 2025,
827-at ________ o’clock ________M.
828-____________________________
829-Secretary of State
1772+1.A licensee providing services in a remote state under a multistate authorization to
1773+practice shall adhere to the laws and regulations, including laws, regulations, and
1774+applicable standards, of the remote state where the client is located at the time care is
1775+rendered.
1776+2.This compact may not prevent the enforcement of any other law of a member state
1777+that is not inconsistent with the compact.
1778+3.Any law, statute, regulation, or other legal requirement in a member state in conflict
1779+with the compact is superseded to the extent of the conflict.
1780+4.All permissible agreements between the commission and the member states are
1781+binding in accordance with the terms of the agreement.
1782+Page No. 29 25.0197.01000
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