(Sponsorship Updated As Of: 2/22/2024)
ASSEMBLY, No. 2813
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblywoman VERLINA REYNOLDS -JACKSON
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblymen Verrelli, Atkins, Moen and Assemblywoman Morales
SYNOPSIS
Enters NJ in Social Work Licensure Compact.
CURRENT VERSION OF TEXT
As reported by the Assembly Regulated Professions Committee with
technical review.
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AN ACT concerning the Social Work Licensure Compact and 1
supplementing Title 45 of the Revised Statutes. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. The State of New Jersey enacts and enters into the Social 7
Work Licensure Compact with all other jurisdictions that legally 8
join in the compact in the form substantially as follows: 9
10
ARTICLE I: Purpose and Objectives 11
12
1. The purpose of this compact is to facilitate interstate practice 13
of regulated social workers by improving public access to 14
competent social work services. The compact preserves the 15
regulatory authority of states to protect public health and safety 16
through the current system of state licensure. 17
2. This compact is designed to achieve the following 18
objectives: 19
a. Increase public access to social work services; 20
b. Reduce overly burdensome and duplicative requirements 21
associated with holding multiple licenses; 22
c. Enhance the member states’ ability to protect the public’s 23
health and safety; 24
d. Encourage the cooperation of member states in regulating 25
multistate practice; 26
e. Promote mobility and address workforce shortages by 27
eliminating the necessity for licenses in multiple states by providing 28
for the mutual recognition of other member state licenses; 29
f. Support military families; 30
g. Facilitate the exchange of licensure and disciplinary 31
information among member states; 32
h. Authorize all member states to hold a regulated social 33
worker accountable for abiding by a member state’s laws, 34
regulations, and applicable professional standards in the member 35
state in which the client is located at the time care is rendered; and 36
i. Allow for the use of telehealth to facilitate increased access 37
to regulated social work services. 38
39
ARTICLE II: Definitions 40
41
As used in this Compact, and except as otherwise provided, the 42
following definitions shall apply: 43
a. “Active military member” means any individual with full-44
time duty status in the active armed forces of the United States 45
including members of the National Guard and Reserve. 46
b. “Adverse action” means any administrative, civil, equitable 47
or criminal action permitted by a state’s laws which is imposed by a 48
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licensing authority or other authority against a regulated social 1
worker, including actions against an individual’s license or 2
multistate authorization to practice such as revocation, suspension, 3
probation, monitoring of the licensee, limitation on the licensee’s 4
practice, or any other encumbrance on licensure affecting a 5
regulated social worker’s authorization to practice, including 6
issuance of a cease and desist action. 7
c. “Alternative program” means a non-disciplinary monitoring 8
or practice remediation process approved by a licensing authority to 9
address practitioners with an impairment. 10
d. “Charter member states” means member states who have 11
enacted legislation to adopt this compact where such legislation 12
predates the effective date of this compact as described in Article 13
XIV. 14
e. “Compact commission” or “commission” means the 15
government agency whose membership consists of all states that 16
have enacted this compact, which is known as the Social Work 17
Licensure Compact Commission, as described in Article X, and 18
which shall operate as an instrumentality of the member states. 19
f. “Current significant investigative information” means: 20
1. investigative information that a licensing authority, after a 21
preliminary inquiry that includes notification and an opportunity for 22
the regulated social worker to respond has reason to believe is not 23
groundless and, if proved true, would indicate more than a minor 24
infraction as may be defined by the commission; or 25
2. investigative information that indicates that the regulated 26
social worker represents an immediate threat to public health and 27
safety, as may be defined by the commission, regardless of whether 28
the regulated social worker has been notified and has had an 29
opportunity to respond. 30
g. “Data system” means a repository of information about 31
licensees, including, continuing education, examination, licensure, 32
current significant investigative information, disqualifying event, 33
multistate license, and adverse action information or other 34
information as required by the commission. 35
h. “Domicile” means the jurisdiction in which the licensee 36
resides and intends to remain indefinitely. 37
i. “Disqualifying event” means any adverse action or incident 38
which results in an encumbrance that disqualifies or makes the 39
licensee ineligible to either obtain, retain or renew a multistate 40
license. 41
j. “Encumbrance” means a revocation or suspension of, or any 42
limitation on, the full and unrestricted practice of social work 43
licensed and regulated by a licensing authority. 44
k. “Executive committee” means a group of delegates elected 45
or appointed to act on behalf of, and within the powers granted to 46
them by, the compact and commission. 47
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l. “Home state” means the member state that is the licensee’s 1
primary domicile. 2
m. “Impairment” means a condition that may impair a 3
practitioner’s ability to engage in full and unrestricted practice as a 4
regulated social worker without some type of intervention and may 5
include alcohol and drug dependence, mental health impairment, 6
and neurological or physical impairments. 7
n. “Licensee” means an individual who currently holds a 8
license from a state to practice as a regulated social worker. 9
o. “Licensing authority” means the board or agency of a 10
member state, or equivalent, that is responsible for the licensing and 11
regulation of regulated social workers. 12
p. “Member State” means a state, commonwealth, district, or 13
territory of the United States that has enacted this compact. 14
q. “Multistate authorization to practice” means a legally 15
authorized privilege to practice, which is equivalent to a license, 16
associated with a multistate license permitting the practice of social 17
work in a remote state. 18
r. “Multistate license” means a license to practice as a 19
regulated social worker issued by a home state licensing authority 20
that authorizes the regulated social worker to practice in all member 21
states under multistate authorization to practice. 22
s. “Qualifying national exam” means a national licensing 23
examination approved by the commission. 24
t. “Regulated social worker” means any clinical, master’s or 25
bachelor’s social worker licensed by a member state regardless of 26
the title used by that member state. 27
u. “Remote state” means a member state other than the 28
licensee’s home state. 29
v. “Rule,” “rules,” “rule of the commission,” or “rules of the 30
commission” means a regulation or regulations duly promulgated 31
by the commission, as authorized by the compact, that has the force 32
of law. 33
w. “Single state license” means a social work license issued by 34
any state that authorizes practice only within the issuing state and 35
does not include multistate authorization to practice in any member 36
state. 37
x. “Social work” or “social work services” means the 38
application of social work theory, knowledge, methods, ethics, and 39
the professional use of self to restore or enhance social, 40
psychosocial, or biopsychosocial functioning of individuals, 41
couples, families, groups, organizations, and communities through 42
the care and services provided by a regulated social worker as set 43
forth in the statutes and regulations of member states in the state 44
where the services are being provided. 45
y. “State” means any state, commonwealth, district, or territory 46
of the United States that regulates the practice of social work. 47
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z. “Unencumbered license” means a license that authorizes a 1
regulated social worker to engage in the full and unrestricted 2
practice of social work. 3
4
ARTICLE III: State Participation in the Compact 5
6
1. To be eligible to participate in the compact, a potential 7
member state must currently meet all of the following criteria: 8
a. License and regulate the practice of social work at either the 9
clinical, master’s, or bachelor’s category; 10
b. Require applicants for licensure to graduate from a program 11
that is: 12
(1) operated by a college or university recognized by the 13
licensing authority; 14
(2) accredited, or in candidacy by an institution that 15
subsequently becomes accredited, by an accrediting agency 16
recognized by the Council for Higher Education Accreditation, or 17
its successor, or the United States Department of Education; and 18
(3) corresponds to the licensure sought as outlined in Article IV; 19
c. Require applicants for clinical licensure to complete a period 20
of supervised practice; and 21
d. Have a mechanism in place for receiving, investigating, and 22
adjudicating complaints about licensees; 23
2. To maintain membership in the compact, a member state 24
shall: 25
a. Require that applicants for a multistate license pass a 26
qualifying national exam for the corresponding category of 27
multistate license sought as outlined in Article IV; 28
b. Participate fully in the commission’s data system, including 29
using the commission’s unique identifier as defined in rules of the 30
commission; 31
c. Notify the commission, in compliance with the terms of the 32
compact and rules, of any adverse action or the availability of 33
current significant investigative information regarding a licensee; 34
d. Implement procedures for considering the criminal history 35
records of applicants for a multistate license. The procedures shall 36
include the submission of fingerprints or other biometric-based 37
information by applicants for the purpose of obtaining an 38
applicant’s criminal history record information from the Federal 39
Bureau of Investigation and the agency responsible for retaining 40
that state’s criminal records; 41
e. Comply with the rules of the commission; 42
f. Require an applicant to obtain or retain a license in the home 43
state and meet the home state’s qualifications for licensure or 44
renewal of licensure, as well as all other applicable home state laws; 45
g. Authorize a licensee holding a multistate license in any 46
member state to practice in accordance with the terms of the 47
compact and rules of the commission; and 48
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h. Designate a delegate to participate in the commission 1
meetings. 2
3. A member state meeting the requirements of sections 1 and 2 3
of Article III of this compact shall designate the categories of social 4
work licensure that are eligible for issuance of a multistate license 5
for applicants in such member state. To the extent that any member 6
state does not meet the requirements for participation in the 7
compact at any particular category of social work licensure, such 8
member state may choose, but is not obligated to, issue a multistate 9
license to applicants that otherwise meet the requirements of Article 10
IV for issuance of a multistate license in such category or categories 11
of licensure. 12
4. The home state may charge a fee for granting the multistate 13
license. 14
15
ARTICLE IV: Social Worker Participation in the Compact 16
17
1. To be eligible for a multistate license under the terms and 18
provisions of the compact, an applicant, regardless of category 19
must: 20
a. Hold or be eligible for an active, unencumbered license in 21
the home state; 22
b. Pay any applicable fees, including any state fee, for the 23
multistate license; 24
c. Submit, in connection with an application for a multistate 25
license, fingerprints or other biometric data for the purpose of 26
obtaining criminal history record information from the Federal 27
Bureau of Investigation and the agency responsible for retaining 28
that state’s criminal records; 29
d. Notify the home state of any adverse action, encumbrance, 30
or restriction on any professional license taken by any member state 31
or non-member state within 30 days from the date the action is 32
taken; 33
e. Meet any continuing competence requirements established 34
by the home state; and 35
f. Abide by the laws, regulations, and applicable standards in 36
the member state where the client is located at the time care is 37
rendered. 38
2. An applicant for a clinical category multistate license must 39
meet all of the following requirements: 40
a. Fulfill a competency requirement, which shall be satisfied by 41
either: 42
(1) Passage of a clinical category qualifying national exam; 43
(2) Licensure of the applicant in their home state at the clinical 44
category, beginning prior to such time as a qualifying national exam 45
was required by the home state and accompanied by a period of 46
continuous social work licensure thereafter, all of which may be 47
further governed by the rules of the commission; or 48
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(3) The substantial equivalency of the foregoing competency 1
requirements which the commission may determine by rule; 2
b. Attain at least a master’s degree in social work from a 3
program that is: 4
(1) Operated by a college or university recognized by the 5
licensing authority; and 6
(2) Accredited, or in candidacy that subsequently becomes 7
accredited, by an accrediting agency recognized by the Council for 8
Higher Education Accreditation, or its successor, or the United 9
States Department of Education; and 10
c. Fulfill a practice requirement, which shall be satisfied by 11
demonstrating completion of either: 12
(1) A period of postgraduate supervised clinical practice equal 13
to a minimum of three thousand hours; 14
(2) A minimum of two years of full -time postgraduate 15
supervised clinical practice; or 16
(3) The substantial equivalency of the foregoing practice 17
requirements which the commission may determine by rule. 18
3. An applicant for a master’s category multistate license must 19
meet all of the following requirements: 20
a. Fulfill a competency requirement, which shall be satisfied by 21
either: 22
(1) Passage of a master’s category qualifying national exam; 23
(2) Licensure of the applicant in their home state at the master’s 24
category, beginning prior to the time a qualifying national exam 25
was required by the home state at the master’s category and 26
accompanied by a continuous period of social work licensure 27
thereafter, all of which may be further governed by the rules of the 28
commission; or 29
(3) The substantial equivalency of the foregoing competency 30
requirements which the commission may determine by rule; or 31
b. Attain at least a master’s degree in social work from a 32
program that is: 33
(1) Operated by a college or university recognized by the 34
licensing authority; and 35
(2) Accredited, or in candidacy that subsequently becomes 36
accredited, by an accrediting agency recognized by either the 37
Council for Higher Education Accreditation, or its successor, or the 38
United States Department of Education; 39
4. An applicant for a bachelor’s category multistate license 40
must meet all of the following requirements: 41
a. Fulfill a competency requirement, which shall be satisfied by 42
either: 43
(1) Passage of a bachelor’s category qualifying national exam; 44
(2) Licensure of the applicant in their home state at the 45
bachelor’s category, beginning prior to the time a qualifying 46
national exam was required by the home state and accompanied by 47
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a period of continuous social work licensure thereafter, all of which 1
may be further governed by the rules of the commission; or 2
(3) The substantial equivalency of the foregoing competency 3
requirements which the commission may determine by rule; or 4
b. Attain at least a bachelor’s degree in social work from a 5
program that is: 6
(1) Operated by a college or university recognized by the 7
licensing authority; and 8
(2) Accredited, or in candidacy that subsequently becomes 9
accredited, by an accrediting agency recognized by either the 10
Council for Higher Education Accreditation or its successor or the 11
United States Department of Education. 12
5. The multistate license for a regulated social worker is 13
subject to the renewal requirements of the home state. The 14
regulated social worker must maintain compliance with the 15
requirements of section 1 of Article IV to be eligible to renew a 16
multistate license. 17
6. The regulated social worker’s services in a remote state are 18
subject to that member state’s regulatory authority. A remote state 19
may, in accordance with due process and that member state’s laws, 20
remove a regulated social worker’s multistate authorization to 21
practice in the remote state for a specific period of time, impose 22
fines, and take any other necessary actions to protect the health and 23
safety of its citizens. 24
7. If a multistate license is encumbered, the regulated social 25
worker’s multistate authorization to practice shall be deactivated in 26
all remote states until the multistate license is no longer 27
encumbered. 28
8. If a multistate authorization to practice is encumbered in a 29
remote state, the regulated social worker’s multistate authorization 30
to practice may be deactivated in that state until the multistate 31
authorization to practice is no longer encumbered. 32
33
ARTICLE V: Issuance of a Multistate License 34
35
1. Upon receipt of an application for a multistate license, the 36
home state licensing authority shall determine the applicant’s 37
eligibility for a multistate license in accordance with Article IV of 38
this compact. 39
2. If such applicant is eligible pursuant to Article IV of this 40
compact, the home state licensing authority shall issue a multistate 41
license that authorizes the applicant or regulated social worker to 42
practice in all member states under a multistate authorization to 43
practice. 44
3. Upon issuance of a multistate license, the home state 45
licensing authority shall designate whether the regulated social 46
worker holds a multistate license in the bachelor’s, master’s, or 47
clinical category of social work. 48
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4. A multistate license issued by a home state to a resident in 1
that state shall be recognized by all compact member states as 2
authorizing social work practice under a multistate authorization to 3
practice corresponding to each category of licensure regulated in 4
each member state. 5
6
ARTICLE VI: Authority of Interstate Compact Commission and 7
Member State Licensing Authorities 8
9
1. Nothing in this compact, nor any rule of the commission, 10
shall be construed to limit, restrict, or in any way reduce the ability 11
of a member state to enact and enforce laws, regulations, or other 12
rules related to the practice of social work in that state, where those 13
laws, regulations, or other rules are not inconsistent with the 14
provisions of this compact. 15
2. Nothing in this compact shall affect the requirements 16
established by a member state for the issuance of a single state 17
license. 18
3. Nothing in this compact, nor any rule of the commission, 19
shall be construed to limit, restrict, or in any way reduce the ability 20
of a member state to take adverse action against a licensee’s single 21
state license to practice social work in that state. 22
4. Nothing in this compact, nor any rule of the commission, 23
shall be construed to limit, restrict, or in any way reduce the ability 24
of a remote state to take adverse action against a licensee’s 25
multistate authorization to practice in that state. 26
5. Nothing in this compact, nor any rule of the commission, 27
shall be construed to limit, restrict, or in any way reduce the ability 28
of a licensee’s home state to take adverse action against a licensee’s 29
multistate license based upon information provided by a remote 30
state. 31
32
ARTICLE VII: Reissuance of a Multistate License by a New Home 33
State 34
35
1. A licensee can hold a multistate license, issued by their 36
home state, in only one member state at any given time. 37
2. If a licensee changes their home state by moving between 38
two member states: 39
a. The licensee shall immediately apply for the reissuance of 40
their multistate license in their new home state. The licensee shall 41
pay all applicable fees and notify the prior home state in accordance 42
with the rules of the commission. 43
b. Upon receipt of an application to reissue a multistate license, 44
the new home state shall verify that the multistate license is active, 45
unencumbered and eligible for reissuance under the terms of the 46
compact and the rules of the commission. The multistate license 47
issued by the prior home state will be deactivated and all member 48
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states notified in accordance with the applicable rules adopted by 1
the commission. 2
c. Prior to the reissuance of the multistate license, the new 3
home state shall conduct procedures for considering the criminal 4
history records of the licensee. Such procedures shall include the 5
submission of fingerprints or other biometric-based information by 6
applicants for the purpose of obtaining an applicant’s criminal 7
history record information from the Federal Bureau of Investigation 8
and the agency responsible for retaining that state’s criminal 9
records. 10
d. If required for initial licensure, the new home state may 11
require completion of jurisprudence requirements in the new home 12
state. 13
e. Notwithstanding any other provision of this compact, if a 14
licensee does not meet the requirements set forth in this compact for 15
the reissuance of a multistate license by the new home state, then 16
the licensee shall be subject to the new home state requirements for 17
the issuance of a single state license in that state. 18
3. If a licensee changes their primary state of residence by 19
moving from a member state to a non-member state, or from a non-20
member state to a member state, then the licensee shall be subject to 21
the state requirements for the issuance of a single state license in 22
the new home state. 23
4. Nothing in this compact shall interfere with a licensee’s 24
ability to hold a single state license in multiple states; however, for 25
the purposes of this compact, a licensee shall have only one home 26
state, and only one multistate license. 27
5. Nothing in this compact shall interfere with the requirements 28
established by a member state for the issuance of a single state 29
license. 30
31
ARTICLE VIII: Military Families 32
33
An active military member or their spouse shall designate a 34
home state where the individual has a multistate license. The 35
individual may retain their home state designation during the period 36
the service member is on active duty. 37
38
ARTICLE IX: Adverse Actions 39
40
1. In addition to the other powers conferred by state law, a 41
remote state shall have the authority, in accordance with existing 42
state due process law, to: 43
a. Take adverse action against a regulated social worker’s 44
multistate authorization to practice only within that member state, 45
and issue subpoenas for both hearings and investigations that 46
require the attendance and testimony of witnesses as well as the 47
production of evidence. Subpoenas issued by a licensing authority 48
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in a member state for the attendance and testimony of witnesses or 1
the production of evidence from another member state shall be 2
enforced in the latter state by any court of competent jurisdiction, 3
according to the practice and procedure of that court applicable to 4
subpoenas issued in proceedings pending before it. The issuing 5
licensing authority shall pay any witness fees, travel expenses, 6
mileage, and other fees required by the service statutes of the state 7
in which the witnesses or evidence are located. 8
b. Only the home state shall have the power to take adverse 9
action against a regulated social worker’s multistate license. 10
2. For purposes of taking adverse action, the home state shall 11
give the same priority and effect to reported conduct received from 12
a member state as it would if the conduct had occurred within the 13
home state. In so doing, the home state shall apply its own state 14
laws to determine appropriate action. 15
3. The home state shall complete any pending investigations of 16
a regulated social worker who changes their home state during the 17
course of the investigations. The home state shall also have the 18
authority to take appropriate action and shall promptly report the 19
conclusions of the investigations to the administrator of the data 20
system. The administrator of the data system shall promptly notify 21
the new home state of any adverse actions. 22
4. A member state, if otherwise permitted by state law, may 23
recover from the affected regulated social worker the costs of 24
investigations and dispositions of cases resulting from any adverse 25
action taken against that regulated social worker. 26
5. A member state may take adverse action based on the factual 27
findings of another member state, provided that the member state 28
follows its own procedures for taking the adverse action. 29
6. Joint Investigations: 30
a. In addition to the authority granted to a member state by its 31
respective social work practice act or other applicable state law, any 32
member state may participate with other member states in joint 33
investigations of licensees. 34
b. Member states shall share any investigative, litigation, or 35
compliance materials in furtherance of any joint or individual 36
investigation initiated under the compact. 37
7. If adverse action is taken by the home state against the 38
multistate license of a regulated social worker, the regulated social 39
worker’s multistate authorization to practice in all other member 40
states shall be deactivated until all encumbrances have been 41
removed from the multistate license. All home state disciplinary 42
orders that impose adverse action against the license of a regulated 43
social worker shall include a statement that the regulated social 44
worker’s multistate authorization to practice is deactivated in all 45
member states until all conditions of the decision, order or 46
agreement are satisfied. 47
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8. If a member state takes adverse action, it shall promptly 1
notify the administrator of the data system. The administrator of 2
the data system shall promptly notify the home state and all other 3
member states of any adverse actions by remote states. 4
9. Nothing in this compact shall override a member state’s 5
decision that participation in an alternative program may be used in 6
lieu of adverse action. 7
10. Nothing in this compact shall authorize a member state to 8
demand the issuance of subpoenas for attendance and testimony of 9
witnesses or the production of evidence from another member state 10
for lawful actions within that member state. 11
11. Nothing in this compact shall authorize a member state to 12
impose discipline against a regulated social worker who holds a 13
multistate authorization to practice for lawful actions within another 14
member state. 15
16
ARTICLE X: Establishment of Social Work Licensure Compact 17
Commission 18
19
1. The compact member states hereby create and establish a 20
joint government agency whose membership consists of all member 21
states that have enacted the compact known as the social work 22
licensure compact commission. The commission is an 23
instrumentality of the compact states acting jointly and not an 24
instrumentality of any one state. The commission shall come into 25
existence on or after the effective date of the compact as set forth in 26
Article XIV. 27
2. Membership, Voting, and Meetings 28
a. Each member state shall have and be limited to one delegate 29
selected by that member state’s licensing authority. 30
b. The delegate shall be either: 31
(1) A current member of the state licensing authority at the time 32
of appointment, who is a regulated social worker or public member 33
of the state licensing authority; or 34
(2) An administrator of the state licensing authority or their 35
designee. 36
c. The commission shall by rule or bylaw establish a term of 37
office for delegates and may by rule or bylaw establish term limits. 38
d. The commission may recommend removal or suspension any 39
delegate from office. 40
e. A member state’s licensing authority shall fill any vacancy 41
of its delegate occurring on the commission within 60 days of the 42
vacancy. 43
f. Each delegate shall be entitled to one vote on all matters 44
before the commission requiring a vote by commission delegates. 45
g. A delegate shall vote in person or by such other means as 46
provided in the bylaws. The bylaws may provide for delegates to 47
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meet by telecommunication, videoconference, or other means of 1
communication. 2
h. The commission shall meet at least once during each 3
calendar year. Additional meetings may be held as set forth in the 4
bylaws. The commission may meet by telecommunication, video 5
conference or other similar electronic means. 6
3. The commission shall have the following powers: 7
a. Establish the fiscal year of the commission; 8
b. Establish code of conduct and conflict of interest policies; 9
c. Establish and amend rules and bylaws; 10
d. Maintain its financial records in accordance with the bylaws; 11
e. Meet and take such actions as are consistent with the 12
provisions of this compact, the commission’s rules, and the bylaws; 13
f. Initiate and conclude legal proceedings or actions in the 14
name of the commission, provided that the standing of any state 15
licensing board to sue or be sued under applicable law shall not be 16
affected; 17
g. Maintain and certify records and information provided to a 18
member state as the authenticated business records of the 19
commission, and designate an agent to do so on the commission's 20
behalf; 21
h. Purchase and maintain insurance and bonds; 22
i. Borrow, accept, or contract for services of personnel, 23
including, but not limited to, employees of a member state; 24
j. Conduct an annual financial review 25
k. Hire employees, elect or appoint officers, fix compensation, 26
define duties, grant such individuals appropriate authority to carry 27
out the purposes of the compact, and establish the commission’s 28
personnel policies and programs relating to conflicts of interest, 29
qualifications of personnel, and other related personnel matters; 30
l. Assess and collect fees; 31
m. Accept any and all appropriate gifts, donations, grants of 32
money, other sources of revenue, equipment, supplies, materials, 33
and services, and receive, utilize, and dispose of the same; provided 34
that at all times the commission shall avoid any appearance of 35
impropriety or conflict of interest; 36
n. Lease, purchase, retain, own, hold, improve, or use any 37
property, real, personal, or mixed, or any undivided interest therein; 38
o. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 39
otherwise dispose of any property real, personal, or mixed; 40
p. Establish a budget and make expenditures; 41
q. Borrow money; 42
r. Appoint committees, including standing committees, 43
composed of members, state regulators, state legislators or their 44
representatives, and consumer representatives, and such other 45
interested persons as may be designated in this compact and the 46
bylaws; 47
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s. Provide and receive information from, and cooperate with, 1
law enforcement agencies; 2
t. Establish and elect an executive committee, including a chair 3
and a vice chair; 4
u. Determine whether a state’s adopted language is materially 5
different from the model compact language such that the state 6
would not qualify for participation in the compact; and 7
v. Perform such other functions as may be necessary or 8
appropriate to achieve the purposes of this compact. 9
4. The Executive Committee 10
a. The executive committee shall have the power to act on 11
behalf of the commission according to the terms of this compact. 12
The powers, duties, and responsibilities of the executive committee 13
shall include: 14
(1) Oversee the day-to-day activities of the administration of the 15
compact including enforcement and compliance with the provisions 16
of the compact, its rules and bylaws, and other such duties as 17
deemed necessary; 18
(2) Recommend to the commission changes to the rules or 19
bylaws, changes to this compact legislation, fees charged to 20
compact member states, fees charged to licensees, and other fees; 21
(3) Ensure compact administration services are appropriately 22
provided, including by contract; 23
(4) Prepare and recommend the budget; 24
(5) Maintain financial records on behalf of the commission; 25
(6) Monitor compact compliance of member states and provide 26
compliance reports to the commission; 27
(7) Establish additional committees as necessary; 28
(8) Exercise the powers and duties of the commission during the 29
interim between commission meetings, except for adopting or 30
amending rules, adopting or amending bylaws, and exercising any 31
other powers and duties expressly reserved to the commission by 32
rule or bylaw; and 33
(9) Other duties as provided in the rules or bylaws of the 34
commission. 35
b. The executive committee shall be composed of up to 11 36
members: 37
(1) The chair and vice chair of the commission shall be voting 38
members of the executive committee; and 39
(2) The commission shall elect five voting members from the 40
current membership of the commission. 41
(3) Up to four ex-officio, nonvoting members from four 42
nationally recognized social work organizations. 43
(5) The ex-officio members will be selected by their respective 44
organizations. 45
c. The commission may remove any member of the executive 46
committee as provided in the commission’s bylaws. 47
d. The executive committee shall meet at least annually. 48
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(1) Executive committee meetings shall be open to the public, 1
except that the executive committee may meet in a closed, non-2
public meeting as provided in subsection b. of section 6 below. 3
(2) The executive committee shall give seven days’ notice of its 4
meetings, posted on its website and as determined to provide notice 5
to persons with an interest in the business of the commission. 6
(3) The executive committee may hold a special meeting in 7
accordance with paragraph (2) of subsection a. of section 6 below. 8
5. The commission shall adopt and provide to the member 9
states an annual report. 10
6. Meetings of the commission 11
a. All meetings shall be open to the public, except that the 12
commission may meet in a closed, non-public meeting as provided 13
in subsection b. of this section. 14
(1) Public notice for all meetings of the full commission of 15
meetings shall be given in the same manner as required under the 16
rulemaking provisions in Article XII, except that the commission 17
may hold a special meeting as provided in paragraph (2) of 18
subsection a. of this section. 19
(2) The commission may hold a special meeting when it must 20
meet to conduct emergency business by giving 48 hours’ notice to 21
all commissioners, on the commission’s website, and other means 22
as provided in the commission’s rules. The commission’s legal 23
counsel shall certify that the commission’s need to meet qualifies as 24
an emergency. 25
b. The commission or the executive committee or other 26
committees of the commission may convene in a closed, non-public 27
meeting for the commission or executive committee or other 28
committees of the commission to receive legal advice or to discuss: 29
(1) Non-compliance of a member state with its obligations under 30
the compact; 31
(2) The employment, compensation, discipline or other matters, 32
practices or procedures related to specific employees; 33
(3) Current or threatened discipline of a licensee by the 34
commission or by a member state’s licensing authority; 35
(4) Current, threatened, or reasonably anticipated litigation; 36
(5) Negotiation of contracts for the purchase, lease, or sale of 37
goods, services, or real estate; 38
(6) Accusing any person of a crime or formally censuring any 39
person; 40
(7) Trade secrets or commercial or financial information that is 41
privileged or confidential; 42
(8) Information of a personal nature where disclosure would 43
constitute a clearly unwarranted invasion of personal privacy; 44
(9) Investigative records compiled for law enforcement 45
purposes; 46
(10) Information related to any investigative reports prepared by 47
or on behalf of or for use of the commission or other committee 48
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charged with responsibility of investigation or determination of 1
compliance issues pursuant to the compact; 2
(11) Matters specifically exempted from disclosure by federal or 3
member state law; or 4
(12) Other matters as promulgated by the commission by rule. 5
c. If a meeting, or portion of a meeting, is closed, the presiding 6
officer shall state that the meeting will be closed and reference each 7
relevant exempting provision, and such reference shall be recorded 8
in the minutes. 9
d. The Commission shall keep minutes that fully and clearly 10
describe all matters discussed in a meeting and shall provide a full 11
and accurate summary of actions taken, and the reasons therefore, 12
including a description of the views expressed. All documents 13
considered in connection with an action shall be identified in such 14
minutes. All minutes and documents of a closed meeting shall 15
remain under seal, subject to release only by a majority vote of the 16
commission or order of a court of competent jurisdiction. 17
7. Financing of the commission 18
a. The commission shall pay, or provide for the payment of, the 19
reasonable expenses of its establishment, organization, and ongoing 20
activities. 21
b. The commission may accept any and all appropriate revenue 22
sources as provided in subsection m. of section 3 of this article. 23
c. The commission may levy on and collect an annual 24
assessment from each member state and impose fees on licensees of 25
member states to whom it grants a multistate license to cover the 26
cost of the operations and activities of the commission and its staff, 27
which must be in a total amount sufficient to cover its annual 28
budget as approved each year for which revenue is not provided by 29
other sources. The aggregate annual assessment amount for 30
member states shall be allocated based upon a formula that the 31
commission shall promulgate by rule. 32
d. The commission shall not incur obligations of any kind prior 33
to securing the funds adequate to meet the same; nor shall the 34
commission pledge the credit of any of the member states, except 35
by and with the authority of the member state. 36
e. The commission shall keep accurate accounts of all receipts 37
and disbursements. The receipts and disbursements of the 38
commission shall be subject to the financial review and accounting 39
procedures established under its bylaws. However, all receipts and 40
disbursements of funds handled by the commission shall be subject 41
to an annual financial review by a certified or licensed public 42
accountant, and the report of the financial review shall be included 43
in and become part of the annual report of the commission. 44
8. Qualified Immunity, Defense, and Indemnification 45
a. The members, officers, executive director, employees and 46
representatives of the commission shall be immune from suit and 47
liability, both personally and in their official capacity, for any claim 48
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17
for damage to or loss of property or personal injury or other civil 1
liability caused by or arising out of any actual or alleged act, error, 2
or omission that occurred, or that the person against whom the 3
claim is made had a reasonable basis for believing occurred within 4
the scope of commission employment, duties or responsibilities; 5
provided that nothing in this paragraph shall be construed to protect 6
any such person from suit or liability for any damage, loss, injury, 7
or liability caused by the intentional or willful or wanton 8
misconduct of that person. The procurement of insurance of any 9
type by the commission shall not in any way compromise or limit 10
the immunity granted hereunder. 11
b. The commission shall defend any member, officer, executive 12
director, employee, and representative of the commission in any 13
civil action seeking to impose liability arising out of any actual or 14
alleged act, error, or omission that occurred within the scope of 15
commission employment, duties, or responsibilities, or as 16
determined by the commission that the person against whom the 17
claim is made had a reasonable basis for believing occurred within 18
the scope of commission employment, duties, or responsibilities; 19
provided that nothing herein shall be construed to prohibit that 20
person from retaining their own counsel at their own expense; and 21
provided further, that the actual or alleged act, error, or omission 22
did not result from that person’s intentional or willful or wanton 23
misconduct. 24
c. The commission shall indemnify and hold harmless any 25
member, officer, executive director, employee, and representative 26
of the commission for the amount of any settlement or judgment 27
obtained against that person arising out of any actual or alleged act, 28
error, or omission that occurred within the scope of commission 29
employment, duties, or responsibilities, or that such person had a 30
reasonable basis for believing occurred within the scope of 31
commission employment, duties, or responsibilities, provided that 32
the actual or alleged act, error, or omission did not result from the 33
intentional or willful or wanton misconduct of that person. 34
d. Nothing herein shall be construed as a limitation on the 35
liability of any licensee for professional malpractice or misconduct, 36
which shall be governed solely by any other applicable state laws. 37
e. Nothing in this compact shall be interpreted to waive or 38
otherwise abrogate a member state’s state action immunity or state 39
action affirmative defense with respect to antitrust claims under the 40
Sherman Antitrust Act of 1890 (15 U.S.C. s.1 et seq.), the Clayton 41
Antitrust Act of 1914 (15 U.S.C. s.12 et al.), or any other state or 42
federal antitrust or anticompetitive law or regulation. 43
f. Nothing in this compact shall be construed to be a waiver of 44
sovereign immunity by the member states or by the commission. 45
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18
ARTICLE XI: Data System 1
2
1. The commission shall provide for the development, 3
maintenance, operation, and utilization of a coordinated data 4
system. 5
2. The commission shall assign each applicant for a multistate 6
license a unique identifier, as determined by the rules of the 7
commission. 8
3. Notwithstanding any other provision of state law to the 9
contrary, a member state shall submit a uniform data set to the data 10
system on all individuals to whom this compact is applicable as 11
required by the rules of the commission, including: 12
a. Identifying information; 13
b. Licensure data; 14
c. Adverse actions against a license and information related 15
thereto; 16
d. Non-confidential information related to alternative program 17
participation, the beginning and ending dates of such participation, 18
and other information related to such participation not made 19
confidential under member state law; 20
e. Any denial of application for licensure, and the reason for 21
such denial; 22
f. The presence of current significant investigative 23
information; and 24
g. Other information that may facilitate the administration of 25
this compact or the protection of the public, as determined by the 26
rules of the commission. 27
4. The records and information provided to a member state 28
pursuant to this compact or through the data system, when certified 29
by the commission or an agent thereof, shall constitute the 30
authenticated business records of the commission, and shall be 31
entitled to any associated hearsay exception in any relevant judicial, 32
quasi-judicial or administrative proceedings in a member state. 33
5. Current significant investigative information pertaining to a 34
licensee in any member state will only be available to other member 35
states. It is the responsibility of the member states to report any 36
adverse action against a licensee and to monitor the database to 37
determine whether adverse action has been taken against a licensee. 38
Adverse action information pertaining to a licensee in any member 39
state will be available to any other member state. 40
6. Member states contributing information to the data system 41
may designate information that may not be shared with the public 42
without the express permission of the contributing state. 43
7. Any information submitted to the data system that is 44
subsequently expunged pursuant to federal law or the laws of the 45
member state contributing the information shall be removed from 46
the data system. 47
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ARTICLE XII: Rulemaking 1
2
1. The commission shall promulgate reasonable rules in order 3
to effectively and efficiently implement and administer the purposes 4
and provisions of the compact. A rule shall be invalid and have no 5
force or effect only if a court of competent jurisdiction holds that 6
the rule is invalid because the commission exercised its rulemaking 7
authority in a manner that is beyond the scope and purposes of the 8
compact, or the powers granted hereunder, or based upon another 9
applicable standard of review. 10
2. The rules of the commission shall have the force of law in 11
each member state, provided however that where the rules of the 12
commission conflict with the laws of the member state that 13
establish the member state’s laws, regulations, and applicable 14
standards that govern the practice of social work as held by a court 15
of competent jurisdiction, the rules of the commission shall be 16
ineffective in that state to the extent of the conflict. 17
3. The commission shall exercise its rulemaking powers 18
pursuant to the criteria set forth in this section and the rules adopted 19
thereunder. Rules shall become binding on the day following 20
adoption or the date specified in the rule or amendment, whichever 21
is later. 22
4. If a majority of the legislatures of the member states rejects 23
a rule or portion of a rule, by enactment of a statute or resolution in 24
the same manner used to adopt the compact within four years of the 25
date of adoption of the rule, then such rule shall have no further 26
force and effect in any member state. 27
5. Rules shall be adopted at a regular or special meeting of the 28
commission. 29
6. Prior to adoption of a proposed rule, the commission shall 30
hold a public hearing and allow persons to provide oral and written 31
comments, data, facts, opinions, and arguments. 32
7. Prior to adoption of a proposed rule by the commission, and 33
at least 30 days in advance of the meeting at which the commission 34
will hold a public hearing on the proposed rule, the commission 35
shall provide a notice of proposed rulemaking: 36
a. On the website of the commission or other publicly 37
accessible platform; 38
b. To persons who have requested notice of the commission’s 39
notices of proposed rulemaking; and 40
c. In such other way as the commission may by rule specify. 41
8. The notice of proposed rulemaking shall include: 42
a. The time, date, and location of the public hearing at which 43
the commission will hear public comments on the proposed rule 44
and, if different, the time, date, and location of the meeting where 45
the commission will consider and vote on the proposed rule; 46
b. If the hearing is held via telecommunication, video 47
conference, or other electronic means, the commission shall include 48
A2813 GREENWALD, REYNOLDS -JACKSON
20
the mechanism for access to the hearing in the notice of proposed 1
rulemaking; 2
c. The text of the proposed rule and the reason therefor; 3
d. A request for comments on the proposed rule from any 4
interested person; and 5
e. The manner in which interested persons may submit written 6
comments. 7
9. All hearings will be recorded. A copy of the recording and 8
all written comments and documents received by the commission in 9
response to the proposed rule shall be available to the public. 10
10. Nothing in this section shall be construed as requiring a 11
separate hearing on each rule. Rules may be grouped for the 12
convenience of the commission at hearings required by this section. 13
11. The commission shall, by majority vote of all members, take 14
final action on the proposed rule based on the rulemaking record 15
and the full text of the rule. 16
a. The commission may adopt changes to the proposed rule 17
provided the changes do not enlarge the original purpose of the 18
proposed rule. 19
b. The commission shall provide an explanation of the reasons 20
for substantive changes made to the proposed rule as well as 21
reasons for substantive changes not made that were recommended 22
by commenters. 23
c. The commission shall determine a reasonable effective date 24
for the rule. Except for an emergency as provided in section 12 of 25
this article, the effective date of the rule shall be no sooner than 30 26
days after issuing the notice that it adopted or amended the rule. 27
12. Upon determination that an emergency exists, the 28
commission may consider and adopt an emergency rule with 48 29
hours’ notice, with opportunity to comment, provided that the usual 30
rulemaking procedures provided in the compact and in this section 31
shall be retroactively applied to the rule as soon as reasonably 32
possible, in no event later than 90 days after the effective date of 33
the rule. For the purposes of this provision, an emergency rule is 34
one that must be adopted immediately in order to: 35
a. Meet an imminent threat to public health, safety, or welfare; 36
b. Prevent a loss of commission or member state funds; 37
c. Meet a deadline for the promulgation of a rule that is 38
established by federal law or rule; or 39
d. Protect public health and safety. 40
13. The commission or an authorized committee of the 41
commission may direct revisions to a previously adopted rule for 42
purposes of correcting typographical errors, errors in format, errors 43
in consistency, or grammatical errors. Public notice of any 44
revisions shall be posted on the website of the commission. The 45
revision shall be subject to challenge by any person for a period of 46
30 days after posting. The revision may be challenged only on 47
grounds that the revision results in a material change to a rule. A 48
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21
challenge shall be made in writing and delivered to the commission 1
prior to the end of the notice period. If no challenge is made, the 2
revision will take effect without further action. If the revision is 3
challenged, the revision may not take effect without the approval of 4
the commission. 5
14. No member state’s rulemaking requirements shall apply 6
under this compact. 7
8
ARTICLE XIII: Oversight, Dispute Resolution, and Enforcement 9
10
1. Oversight 11
a. The executive and judicial branches of state government in 12
each member state shall enforce this compact and take all actions 13
necessary and appropriate to implement the compact. 14
b. Except as otherwise provided in this compact, venue is 15
proper and judicial proceedings by or against the commission shall 16
be brought solely and exclusively in a court of competent 17
jurisdiction where the principal office of the commission is located. 18
The commission may waive venue and jurisdictional defenses to the 19
extent it adopts or consents to participate in alternative dispute 20
resolution proceedings. Nothing herein shall affect or limit the 21
selection or propriety of venue in any action against a licensee for 22
professional malpractice, misconduct or any such similar matter. 23
c. The commission shall be entitled to receive service of 24
process in any proceeding regarding the enforcement or 25
interpretation of the compact and shall have standing to intervene in 26
such a proceeding for all purposes. Failure to provide the 27
commission service of process shall render a judgment or order void 28
as to the commission, this compact, or promulgated rules. 29
2. Default, Technical Assistance, and Termination 30
a. If the commission determines that a member state has 31
defaulted in the performance of its obligations or responsibilities 32
under this compact or the promulgated rules, the commission shall 33
provide written notice to the defaulting state. The notice of default 34
shall describe the default, the proposed means of curing the default, 35
and any other action that the commission may take, and shall offer 36
training and specific technical assistance regarding the default. 37
b. The commission shall provide a copy of the notice of default 38
to the other member states. 39
3. If a state in default fails to cure the default, the defaulting 40
state may be terminated from the compact upon an affirmative vote 41
of a majority of the delegates of the member states, and all rights, 42
privileges and benefits conferred on that state by this compact may 43
be terminated on the effective date of termination. A cure of the 44
default does not relieve the offending state of obligations or 45
liabilities incurred during the period of default. 46
4. Termination of membership in the compact shall be imposed 47
only after all other means of securing compliance have been 48
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22
exhausted. Notice of intent to suspend or terminate shall be given 1
by the commission to the governor, the majority and minority 2
leaders of the defaulting state’s legislature, the defaulting state’s 3
licensing authority and each of the member states’ licensing 4
authority. 5
5. A state that has been terminated is responsible for all 6
assessments, obligations, and liabilities incurred through the 7
effective date of termination, including obligations that extend 8
beyond the effective date of termination. 9
6. Upon the termination of a state’s membership from this 10
compact, that state shall immediately provide notice to all licensees 11
within that state of such termination. The terminated state shall 12
continue to recognize all licenses granted pursuant to this compact 13
for a minimum of six months after the date of said notice of 14
termination. 15
7. The commission shall not bear any costs related to a state that 16
is found to be in default or that has been terminated from the 17
compact, unless agreed upon in writing between the commission 18
and the defaulting state. 19
8. The defaulting state may appeal the action of the 20
commission by petitioning the U.S. District Court for the District of 21
Columbia or the federal district where the commission has its 22
principal offices. The prevailing party shall be awarded all costs of 23
such litigation, including reasonable attorney’s fees. 24
9. Dispute Resolution 25
a. Upon request by a member state, the commission shall 26
attempt to resolve disputes related to the compact that arise among 27
member states and between member and non-member states. 28
b. The commission shall promulgate a rule providing for both 29
mediation and binding dispute resolution for disputes as 30
appropriate. 31
10. Enforcement 32
a. By majority vote as provided by rule, the commission may 33
initiate legal action against a member state in default in the United 34
States District Court for the District of Columbia or the federal 35
district where the commission has its principal offices to enforce 36
compliance with the provisions of the compact and its promulgated 37
rules. The relief sought may include both injunctive relief and 38
damages. In the event judicial enforcement is necessary, the 39
prevailing party shall be awarded all costs of such litigation, 40
including reasonable attorney’s fees. The remedies herein shall not 41
be the exclusive remedies of the commission. The commission may 42
pursue any other remedies available under federal or the defaulting 43
member state’s law. 44
b. A member state may initiate legal action against the 45
commission in the U.S. District Court for the District of Columbia 46
or the federal district where the commission has its principal offices 47
to enforce compliance with the provisions of the compact and its 48
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23
promulgated rules. The relief sought may include both injunctive 1
relief and damages. In the event judicial enforcement is necessary, 2
the prevailing party shall be awarded all costs of such litigation, 3
including reasonable attorney’s fees. 4
c. No person other than a member state shall enforce this 5
compact against the commission. 6
7
ARTICLE XIV: Effective Date, Withdrawal, and Amendment 8
9
1. The compact shall come into effect on the date on which the 10
compact statute is enacted into law in the seventh member state. 11
a. On or after the effective date of the compact, the 12
commission shall convene and review the enactment of each of the 13
first seven member states (“charter member states”) to determine if 14
the statute enacted by each such charter member state is materially 15
different than the model compact statute. 16
(1) A charter member state whose enactment is found to be 17
materially different from the model compact statute shall be entitled 18
to the default process set forth in Article XIII. 19
(2) If any member state is later found to be in default, or is 20
terminated or withdraws from the compact, the commission shall 21
remain in existence and the compact shall remain in effect even if 22
the number of member states should be less than seven. 23
b. Member states enacting the compact subsequent to the seven 24
initial charter member states shall be subject to the process set forth 25
in subsection u. of section 3 of Article X to determine if their 26
enactments are materially different from the model compact statute 27
and whether they qualify for participation in the compact. 28
c. All actions taken for the benefit of the commission or in 29
furtherance of the purposes of the administration of the compact 30
prior to the effective date of the compact or the commission coming 31
into existence shall be considered to be actions of the commission 32
unless specifically repudiated by the commission. 33
d. Any state that joins the compact subsequent to the 34
commission’s initial adoption of the rules and bylaws shall be 35
subject to the rules and bylaws as they exist on the date on which 36
the compact becomes law in that state. Any rule that has been 37
previously adopted by the commission shall have the full force and 38
effect of law on the day the compact becomes law in that state. 39
2. Any member state may withdraw from this compact by 40
enacting a statute repealing the same. 41
a. A member state’s withdrawal shall not take effect until 180 42
days after enactment of the repealing statute. 43
b. Withdrawal shall not affect the continuing requirement of 44
the withdrawing the state’s licensing authority to comply with the 45
investigative and adverse action reporting requirements of this 46
compact prior to the effective date of withdrawal. 47
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24
c. Upon the enactment of a statute withdrawing from this 1
compact, a state shall immediately provide notice of such 2
withdrawal to all licensees within that state. Notwithstanding any 3
subsequent statutory enactment to the contrary, such withdrawing 4
state shall continue to recognize all licenses granted pursuant to this 5
compact for a minimum of 180 days after the date of such notice of 6
withdrawal. 7
3. Nothing contained in this compact shall be construed to 8
invalidate or prevent any licensure agreement or other cooperative 9
arrangement between a member state and a non-member state that 10
does not conflict with the provisions of this compact. 11
4. This compact may be amended by the member states. No 12
amendment to this compact shall become effective and binding 13
upon any member state until it is enacted into the laws of all 14
member states. 15
16
ARTICLE XV: Construction and Severability 17
18
1. This compact and the commission’s rulemaking authority 19
shall be liberally construed so as to effectuate the purposes, and the 20
implementation and administration of the compact. Provisions of 21
the compact expressly authorizing or requiring the promulgation of 22
rules shall not be construed to limit the commission’s rulemaking 23
authority solely for those purposes. 24
2. The provisions of this compact shall be severable and if any 25
phrase, clause, sentence or provision of this compact is held by a 26
court of competent jurisdiction to be contrary to the constitution of 27
any member state, a state seeking participation in the compact, or of 28
the United States, or the applicability thereof to any government, 29
agency, person or circumstance is held to be unconstitutional by a 30
court of competent jurisdiction, the validity of the remainder of this 31
compact and the applicability thereof to any other government, 32
agency, person or circumstance shall not be affected thereby. 33
3. Notwithstanding section 2 of this article, the commission 34
may deny a state’s participation in the compact or, in accordance 35
with the requirements of section 2 of Article XIII, terminate a 36
member state’s participation in the compact, if it determines that a 37
constitutional requirement of a member state is a material departure 38
from the compact. Otherwise, if this compact shall be held to be 39
contrary to the constitution of any member state, the compact shall 40
remain in full force and effect as to the remaining member states 41
and in full force and effect as to the member state affected as to all 42
severable matters. 43
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25
ARTICLE XVI: Consistent Effect and Conflict with Other State 1
Laws 2
3
1. A licensee providing services in a remote state under a 4
multistate authorization to practice shall adhere to the laws and 5
regulations, including laws, regulations, and applicable standards, 6
of the remote state where the client is located at the time care is 7
rendered. 8
2. Nothing herein shall prevent or inhibit the enforcement of 9
any other law of a member state that is not inconsistent with the 10
compact. 11
3. Any laws, statutes, regulations, or other legal requirements 12
in a member state in conflict with the compact are superseded to the 13
extent of the conflict. 14
4. All permissible agreements between the commission and the 15
member states are binding in accordance with their terms. 16
17
2. This act shall take effect immediately. 18