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SENATE BILL 105
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Linda M. Trujillo and Antoinette Sedillo Lopez
AN ACT
RELATING TO INTERGOVERNMENTAL AGREEMENTS; ENACTING THE SOCIAL
WORK LICENSURE INTERSTATE COMPACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Social Work Licensure Interstate Compact".
SECTION 2. [NEW MATERIAL] PURPOSE.--The purpose of the
Social Work Licensure Interstate Compact is to facilitate
interstate practice of regulated social workers by improving
public access to competent social work services. The compact
preserves the regulatory authority of states to protect public
health and safety through the current system of state
licensure. This compact is designed to:
A. increase public access to social work services;
B. reduce overly burdensome and duplicative
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requirements associated with holding multiple licenses;
C. enhance the member states' ability to protect
the public's health and safety;
D. encourage the cooperation of member states in
regulating multistate practice;
E. promote mobility and address workforce shortages
by eliminating the necessity for licenses in multiple states by
providing for the mutual recognition of other member state
licenses;
F. support military families;
G. facilitate the exchange of licensure and
disciplinary information among member states;
H. authorize all member states to hold a regulated
social worker accountable for abiding by a member state's laws,
regulations and applicable professional standards in the member
state in which a client is located at the time care is
rendered; and
I. allow for the use of telehealth to facilitate
increased access to regulated social work services.
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the
Social Work Interstate Licensure Compact:
A. "active military member" means any person with
full-time duty status in the active armed forces of the United
States, including members of the national guard and reserve;
B. "adverse action" means any administrative,
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civil, equitable or criminal action permitted by a state's laws
that is imposed by a licensing authority or other authority
against a regulated social worker, including an action against
a person's license or multistate authorization to practice,
such as revocation, suspension, probation, monitoring of the
licensee, limitation on the licensee's practice, issuance of a
cease and desist action or any other encumbrance on licensure
affecting a regulated social worker's authorization to
practice;
C. "alternative program" means a non-disciplinary
monitoring or practice remediation process approved by a
licensing authority to address practitioners with an
impairment;
D. "charter member states" means member states who
have enacted legislation to adopt this compact before the
effective date of this compact as described in Section 15 of
the Social Work Interstate Licensure Compact;
E. "compact" means the Social Work Interstate
Licensure Compact;
F. "compact commission" or "commission" means the
social work licensure compact commission created in Section 11
of the Social Work Interstate Licensure Compact;
G. "current significant investigative information"
means:
(1) investigative information that a licensing
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authority, after a preliminary inquiry that includes
notification and an opportunity for the regulated social worker
to respond, has reason to believe is not groundless and, if
proved true, would indicate more than a minor infraction as may
be defined by the commission; or
(2) investigative information that indicates
that the regulated social worker represents an immediate threat
to public health and safety, as may be defined by the
commission, regardless of whether the regulated social worker
has been notified and has had an opportunity to respond;
H. "data system" means a repository of information
about licensees, including continuing education, examination,
licensure, current significant investigative information,
disqualifying events, multistate licenses, adverse action
information or other information as required by the commission;
I. "disqualifying event" means any adverse action
or incident that results in an encumbrance that disqualifies or
makes the licensee ineligible to either obtain, retain or renew
a multistate license;
J. "domicile" means the jurisdiction in which the
licensee resides and intends to remain indefinitely;
K. "encumbrance" means a revocation or suspension
of, or any limitation on, the full and unrestricted practice of
social work licensed and regulated by a licensing authority;
L. "executive committee" means a group of delegates
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elected or appointed to act on behalf of and within the powers
granted to them by the compact and commission;
M. "home state" means the member state that is the
licensee's primary domicile;
N. "impairment" means a condition that may impair a
practitioner's ability to engage in full and unrestricted
practice as a regulated social worker without some type of
intervention and may include alcohol and drug dependence,
mental health impairment and neurological or physical
impairments;
O. "licensee" means a person who currently holds a
license from a member state to practice as a regulated social
worker;
P. "licensing authority" means the board or agency
of a member state, or equivalent, that is responsible for the
licensing and regulation of regulated social workers;
Q. "member state" means a state, commonwealth,
district or territory of the United States that has enacted
this compact;
R. "multistate authorization to practice" means a
legally authorized privilege to practice, which is equivalent
to a license, associated with a multistate license permitting
the practice of social work in a remote state;
S. "multistate license" means a license to practice
as a regulated social worker issued by a home state licensing
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authority that authorizes the regulated social worker to
practice in all member states under multistate authorization to
practice;
T. "qualifying national exam" means a national
licensing examination approved by the commission;
U. "regulated social worker" means any clinical,
master's or bachelor's social worker licensed by a member state
regardless of the title used by the member state;
V. "remote state" means a member state other than
the licensee's home state;
W. "rule" or "rule of the commission" means a
regulation or regulations duly promulgated by the commission,
as authorized by this compact, that has the force of law;
X. "single state license" means a social work
license issued by any state that authorizes practice only
within the issuing state and does not include multistate
authorization to practice in any member state;
Y. "social work" or "social work services" means
the application of social work theory, knowledge, methods and
ethics and the professional use of self to restore or enhance
social, psychosocial or biopsychosocial functioning of persons,
couples, families, groups, organizations or communities through
the care and services provided by a regulated social worker as
set forth in the member state's statutes and regulations in the
state where the services are being provided;
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Z. "state" means any state, commonwealth, district
or territory of the United States that regulates the practice
of social work; and
AA. "unencumbered license" means a license that
authorizes a regulated social worker to engage in the full and
unrestricted practice of social work.
SECTION 4. [NEW MATERIAL] STATE PARTICIPATION IN THE
COMPACT.--
A. To be eligible to participate in the compact, a
potential member state shall:
(1) license and regulate the practice of
social work at the clinical, master's or bachelor's category;
(2) require applicants for licensure to
graduate from a program that:
(a) is operated by a college or
university recognized by the licensing authority;
(b) is accredited, or in candidacy by an
institution that subsequently becomes accredited, by an
accrediting agency recognized by either: 1) the council for
higher education accreditation, or its successor; or 2) the
United States department of education; and
(c) corresponds to the level of
licensure sought by the applicant;
(3) require applicants for clinical licensure
to complete a period of supervised practice; and
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(4) have a mechanism in place for receiving,
investigating and adjudicating complaints about licensees.
B. To maintain membership in the compact, a member
state shall:
(1) require that applicants for a multistate
license pass a qualifying national exam for the corresponding
category of multistate license sought;
(2) participate fully in the commission's data
system, including using the commission's unique identifier as
defined in rules;
(3) notify the commission, in compliance with
the terms of the compact and rules, of any adverse action or
the availability of current significant investigative
information regarding a licensee;
(4) implement procedures for considering the
criminal history records of applicants for a multistate
license. The procedures shall include the submission of
fingerprints or other biometric-based information by applicants
for the purpose of obtaining an applicant's criminal history
record information from the federal bureau of investigation and
the agency responsible for retaining that state's criminal
records;
(5) comply with the rules of the commission;
(6) require an applicant to obtain or retain a
license in the home state and meet the home state's
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qualifications for licensure or renewal of licensure, as well
as all other applicable home state laws;
(7) authorize a licensee holding a multistate
license in any member state to practice in accordance with the
terms of this compact and rules of the commission; and
(8) designate a delegate to participate in the
commission meetings.
C. A member state meeting the requirements of
Subsections A and B of this section shall designate the
categories of social work licensure that are eligible for
issuance of a multistate license for applicants in the member
state. To the extent that a member state does not meet the
requirements for participation in this compact at any
particular category of social work licensure, the member state
may, but is not obligated to, issue a multistate license to
applicants that otherwise meet the requirements of Section 5 of
the Social Work Licensure Interstate Compact for issuance of a
multistate license in that category or categories of licensure.
D. The home state may charge a fee for granting the
multistate license.
SECTION 5. [NEW MATERIAL] SOCIAL WORKER PARTICIPATION IN
THE COMPACT.--
A. To be eligible for a multistate license under
the terms and provisions of this compact, an applicant,
regardless of category, shall:
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(1) hold or be eligible for an active
unencumbered license in the home state;
(2) pay any applicable fees, including any
state fee, for the multistate license;
(3) submit, in connection with an application
for a multistate license, fingerprints or other biometric data
for the purpose of obtaining criminal history record
information from the federal bureau of investigation and the
agency responsible for retaining that state's criminal records;
(4) notify the home state of any adverse
action, encumbrance or restriction on any professional license
taken by any member state or non-member state within thirty
days from the date the action is taken;
(5) meet any continuing competence
requirements established by the home state; and
(6) abide by the laws, regulations and
applicable standards in the member state where a client is
located at the time care is rendered.
B. An applicant for a clinical-category multistate
license shall:
(1) fulfill a competency requirement, which
shall be satisfied by:
(a) passage of a clinical-category
qualifying national exam;
(b) licensure of the applicant in the
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applicant's home state at the clinical category before the
qualifying national exam was required by the home state,
accompanied by a period of continuous social work licensure
thereafter, all of which may be further governed by the rules
of the commission; or
(c) the substantial equivalency of the
competency requirements established in this paragraph, which
the commission may determine by rule;
(2) attain at least a master's degree in
social work from a program that is:
(a) operated by a college or university
recognized by the licensing authority; and
(b) accredited, or in candidacy that
subsequently becomes accredited, by an accrediting agency
recognized by either the: 1) council for higher education
accreditation, or its successor; or 2) United States department
of education; and
(3) fulfill a practice requirement, which
shall be satisfied by demonstrating completion of either:
(a) a period of postgraduate supervised
clinical practice equal to a minimum of three thousand hours;
(b) a minimum of two years of full-time
postgraduate supervised clinical practice; or
(c) the substantial equivalency of the
practice requirements established in this paragraph, which the
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commission may determine by rule.
C. An applicant for a master's-category multistate
license shall:
(1) fulfill a competency requirement, which
shall be satisfied by:
(a) passage of a master's-category
qualifying national exam;
(b) licensure of the applicant in the
applicant's home state at the master's category before the
qualifying national exam was required by the home state,
accompanied by a period of continuous social work licensure
thereafter, all of which may be further governed by the rules
of the commission; or
(c) the substantial equivalency of the
competency requirements established in this paragraph, which
the commission may determine by rule; and
(2) attain at least a master's degree in
social work from a program that is:
(a) operated by a college or university
recognized by the licensing authority; and
(b) accredited, or in candidacy that
subsequently becomes accredited, by an accrediting agency
recognized by either the: 1) council for higher education
accreditation, or its successor; or 2) United States department
of education.
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D. An applicant for a bachelor's-category
multistate license shall:
(1) fulfill a competency requirement, which
shall be satisfied by:
(a) passage of a bachelor's-category
qualifying national exam;
(b) licensure of the applicant in the
applicant's home state at the bachelor's category before the
qualifying national exam was required by the home state,
accompanied by a period of continuous social work licensure
thereafter, all of which may be further governed by the rules
of the commission; or
(c) the substantial equivalency of the
competency requirements established in this paragraph, which
the commission may determine by rule; and
(2) attain at least a bachelor's degree in
social work from a program that is:
(a) operated by a college or university
recognized by the licensing authority; and
(b) accredited, or in candidacy that
subsequently becomes accredited, by an accrediting agency
recognized by either the: 1) council for higher education
accreditation, or its successor; or 2) United States department
of education.
E. The multistate license for a regulated social
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worker is subject to the renewal requirements of the home
state. The regulated social worker shall maintain compliance
with the requirements of Subsection A of this section to be
eligible to renew a multistate license.
F. A regulated social worker's services in a remote
state are subject to that member state's regulatory authority.
A remote state may, in accordance with due process and that
member state's laws, remove a regulated social worker's
multistate authorization to practice in the remote state for a
specific period of time, impose fines and take any other
necessary actions to protect the health and safety of its
citizens.
G. If a multistate license is encumbered, the
regulated social worker's multistate authorization to practice
shall be deactivated in all remote states until the multistate
license is no longer encumbered.
H. If a multistate authorization to practice is
encumbered in a remote state, the regulated social worker's
multistate authorization to practice may be deactivated in that
state until the multistate authorization to practice is no
longer encumbered.
SECTION 6. [NEW MATERIAL] ISSUANCE OF A MULTISTATE
LICENSE.--
A. Upon receipt of an application for a multistate
license, the home state licensing authority shall determine an
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applicant's eligibility for a multistate license in accordance
with Section 5 of the Social Work Licensure Interstate Compact.
B. If an applicant is eligible for a multistate
license, the home state licensing authority shall issue a
multistate license that authorizes the applicant to practice in
all member states under a multistate authorization to practice.
C. Upon issuance of a multistate license, the home
state licensing authority shall designate whether the regulated
social worker holds a multistate license in the bachelor's,
master's or clinical category of social work.
D. A multistate license issued by a home state to a
resident in that state shall be recognized by all member states
as authorizing social work practice under a multistate
authorization to practice corresponding to each category of
licensure regulated in each member state.
SECTION 7. [NEW MATERIAL] AUTHORITY OF COMPACT COMMISSION
AND MEMBER STATE LICENSING AUTHORITIES.--
A. Nothing in the Social Work Licensure Interstate
Compact, nor any rule of the commission, shall be construed to
limit, restrict or in any way reduce the ability of a member
state to enact and enforce laws, regulations or other rules
related to the practice of social work in that state, where
those laws, regulations or other rules are not inconsistent
with the provisions of the Social Work Licensure Interstate
Compact.
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B. Nothing in the Social Work Licensure Interstate
Compact shall affect the requirements established by a member
state for the issuance of a single state license.
C. Nothing in the Social Work Licensure Interstate
Compact, nor any rule of the commission, shall be construed to
limit, restrict or in any way reduce the ability of a member
state to take adverse action against a licensee's single state
license to practice social work in that state.
D. Nothing in the Social Work Licensure Interstate
Compact, nor any rule of the commission, shall be construed to
limit, restrict or in any way reduce the ability of a remote
state to take adverse action against a licensee's multistate
authorization to practice in that state.
E. Nothing in the Social Work Licensure Interstate
Compact, nor any rule of the commission, shall be construed to
limit, restrict or in any way reduce the ability of a
licensee's home state to take adverse action against a
licensee's multistate license based upon information provided
by a remote state.
SECTION 8. [NEW MATERIAL] REISSUANCE OF A MULTISTATE
LICENSE BY A NEW HOME STATE.--
A. A licensee can hold a multistate license issued
by the licensee's home state in only one member state at any
given time.
B. If a licensee changes the licensee's home state
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by moving between two member states:
(1) the licensee shall immediately apply for
the reissuance of the licensee's multistate license in the
licensee's new home state. The licensee shall pay all
applicable fees and notify the prior home state in accordance
with the rules of the commission;
(2) upon receipt of an application to reissue
a multistate license, the new home state shall verify that the
multistate license is active, unencumbered and eligible for
reissuance under the terms of the compact and the rules of the
commission. The multistate license issued by the prior home
state shall be deactivated, and all member states shall be
notified in accordance with the applicable rules adopted by the
commission;
(3) prior to the reissuance of the multistate
license, the new home state shall conduct procedures for
considering the criminal history records of the licensee. The
procedures shall include the submission of fingerprints or
other biometric-based information by applicants for the purpose
of obtaining an applicant's criminal history record information
from the federal bureau of investigation and the agency
responsible for retaining that state's criminal records;
(4) if required for initial licensure, the new
home state may require completion of jurisprudence requirements
in the new home state; and
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(5) notwithstanding any other provision of
this compact, if a licensee does not meet the requirements set
forth in this compact for the reissuance of a multistate
license by the new home state, the licensee shall be subject to
the new home state requirements for the issuance of a single
state license in that state.
C. If a licensee changes the licensee's primary
state of residence by moving from a member state to a non-
member state, or from a non-member state to a member state,
then the licensee shall be subject to the state requirements
for the issuance of a single state license in the new home
state.
D. Nothing in the Social Work Licensure Interstate
Compact shall interfere with a licensee's ability to hold a
single state license in multiple states; provided that, for the
purposes of the Social Work Licensure Interstate Compact, a
licensee shall have only one home state and only one multistate
license.
E. Nothing in the Social Work Licensure Interstate
Compact shall interfere with the requirements established by a
member state for the issuance of a single state license.
SECTION 9. [NEW MATERIAL] MILITARY FAMILIES.--An active
military member or the spouse of an active military member
shall designate a home state where the individual has a
multistate license. The active military member or the spouse
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of an active military member may retain the home state
designation during the period the service member is on active
duty.
SECTION 10. [NEW MATERIAL] ADVERSE ACTIONS.--
A. In addition to the powers conferred by state
law, a remote state shall have the authority, in accordance
with state due process law, to take adverse action against a
regulated social worker's multistate authorization to practice
only within the member state and issue subpoenas for both
hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence.
Subpoenas issued by a licensing authority in a member state for
the attendance and testimony of witnesses or the production of
evidence from another member state shall be enforced in the
latter state by any court of competent jurisdiction, according
to the practice and procedure of that court applicable to
subpoenas issued in proceedings pending before it. The issuing
licensing authority shall pay any witness fees, travel
expenses, mileage and other fees required by the service
statutes of the state in which the witnesses or evidence are
located. Only the home state shall have the power to take
adverse action against a regulated social worker's multistate
license.
B. For purposes of taking adverse action, the home
state shall give the same priority and effect to reported
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conduct received from a member state as it would if the conduct
had occurred within the home state. The home state shall apply
its own state laws to determine the appropriate action.
C. The home state shall complete any pending
investigations of a regulated social worker who changes the
regulated social worker's home state during the course of the
investigations. The home state shall also have the authority
to take appropriate action and shall promptly report the
conclusions of the investigations to the administrator of the
data system. The administrator of the data system shall
promptly notify the new home state of any adverse actions.
D. A member state, if otherwise permitted by state
law, may recover from the affected regulated social worker the
costs of investigation and dispositions of cases resulting from
any adverse action taken against that regulated social worker.
E. A member state may take adverse action based on
the factual findings of another member state; provided that the
member state follows its own procedures for taking the adverse
action.
F. In addition to the authority granted to a member
state by the member state's respective social work practice act
or other applicable state law, any member state may participate
with other member states in joint investigation of licensees.
Member states shall share any investigative, litigation or
compliance materials in furtherance of any joint or individual
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investigation initiated under this compact.
G. If adverse action is taken by the home state
against the multistate license of a regulated social worker,
the regulated social worker's multistate authorization to
practice in all other member states shall be deactivated until
all encumbrances have been removed from the multistate license.
All home state disciplinary orders that impose adverse action
against the license of a regulated social worker shall include
a statement that the regulated social worker's multistate
authorization to practice is deactivated in all member states
until all conditions of the decision, order or agreement are
satisfied.
H. If a member state takes adverse action, it shall
promptly notify the administrator of the data system. The
administrator of the data system shall promptly notify the home
state and all other member states of any adverse actions by
remote states.
I. Nothing in the Social Work Licensure Interstate
Compact shall override a member state's decision that
participation in an alternative program may be used in lieu of
adverse action.
J. Nothing in the Social Work Licensure Interstate
Compact shall authorize a member state to demand the issuance
of subpoenas for attendance and testimony of witnesses or the
production of evidence from another member state for lawful
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actions within that member state.
K. Nothing in the Social Work Licensure Interstate
Compact shall authorize a member state to impose discipline
against a regulated social worker who holds a multistate
authorization to practice for lawful actions within another
member state.
SECTION 11. [NEW MATERIAL] ESTABLISHMENT OF SOCIAL WORK
LICENSURE COMPACT COMMISSION.--
A. The member states hereby create and establish
the "social work licensure compact commission" as a joint
government agency whose membership consists of all member
states. The commission is an instrumentality of the member
states acting jointly and not an instrumentality of any one
state. The commission shall come into existence on or after
the effective date of this compact as set forth in Section 15
of the Social Work Licensure Interstate Compact.
B. The commission shall satisfy each of the
following requirements with respect to membership, voting and
meetings:
(1) each member state shall have and be
limited to one delegate selected by the member state's
licensing authority. The delegate shall be either:
(a) a current member of the state
licensing authority at the time of appointment who is a
regulated social worker or public member of the state licensing
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authority; or
(b) an administrator of the state
licensing authority or the administrator's designee;
(2) the commission shall by rule establish a
term of office for delegates and term limits;
(3) the commission may recommend removal or
suspension of any delegate from office;
(4) a member state's licensing authority shall
fill any vacancy of its delegate within sixty days of the
vacancy;
(5) each delegate shall be entitled to one
vote on all matters before the commission requiring a vote by
commission delegates;
(6) a delegate shall vote in person or by
other means as provided by the commission's bylaws. The
commission may allow delegates to meet by telecommunication,
video conference or other means of communication; and
(7) the commission shall meet at least once
during each calendar year. Additional meetings may be held as
set forth in the commission's bylaws. The commission may meet
by telecommunication, video conference or other similar
electronic means.
C. The commission shall have the power to:
(1) establish the fiscal year of the
commission;
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(2) establish a code of conduct and conflict
of interest policies;
(3) establish and amend rules and bylaws;
(4) maintain the commission's financial
records in accordance with the bylaws;
(5) meet and take actions that are consistent
with the provisions of this compact, the commission's rules and
the bylaws;
(6) initiate and conclude legal proceedings or
actions in the name of the commission; provided that the
standing of any state licensing board to sue or be sued under
applicable law shall not be affected;
(7) maintain and certify records and
information provided to a member state as the authenticated
business records of the commission and designate an agent to do
so on the commission's behalf;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of
personnel, including employees of a member state;
(10) conduct an annual financial review;
(11) hire employees, elect or appoint
officers, fix compensation, define duties, grant persons
appropriate authority to carry out the purposes of this compact
and establish the commission's personnel policies and programs
relating to conflicts of interest, qualification of personnel
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and other related personnel matters;
(12) assess and collect fees;
(13) accept any and all appropriate gifts,
donations, grants of money, other sources of revenue,
equipment, supplies, materials and services and receive,
utilize and dispose of the same; provided that at all times the
commission shall avoid any appearance of impropriety or
conflict of interest;
(14) lease, purchase, retain, own, hold,
improve or use any property real, personal or mixed or any
undivided interest therein;
(15) sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property real,
personal or mixed;
(16) establish a budget and make expenditures;
(17) borrow money;
(18) appoint committees, including standing
committees, composed of members, state regulators, state
legislators or their representatives, consumer representatives
and other interested persons as may be designated in this
compact and the commission's bylaws;
(19) provide and receive information from, and
cooperate with, law enforcement agencies;
(20) establish and elect an executive
committee, including a chair and a vice chair;
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(21) determine whether a state's adopted
language is materially different from the model compact
language such that the state would not qualify for
participation in the compact; and
(22) perform other functions as may be
necessary or appropriate to achieve the purposes of this
compact.
D. The executive committee established by the
commission shall:
(1) have the power to act on behalf of the
commission according to the terms of this compact. The powers,
duties and responsibilities of the executive committee shall
include:
(a) overseeing the day-to-day activities
of the administration of the compact, including enforcement and
compliance with the provisions of this compact, the
commission's rules and bylaws and other duties as deemed
necessary;
(b) recommending to the commission
changes to the rules or bylaws, changes to this compact
legislation, fees charged to member states, fees charged to
licensees and other fees;
(c) ensuring compact administration
services are appropriately provided, including by contract;
(d) preparing and recommending the
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commission's budget;
(e) maintaining financial records on
behalf of the commission;
(f) monitoring compact compliance of
member states and providing reports to the commission;
(g) establishing additional committees
as necessary;
(h) exercising the powers and duties of
the commission during the interim between commission meetings,
except for adopting or amending rules, adopting or amending
bylaws and exercising any other powers and duties expressly
reserved to the commission by rule or bylaw; and
(i) other duties a provided in the rules
or bylaws of the commission;
(2) be composed of up to eleven members, as
follows:
(a) the chair and vice chair of the
commission shall be voting members of the executive committee;
(b) the commission shall elect five
voting members from the current membership of the commission;
(c) up to four ex-officio, nonvoting
members from four recognized social work organizations. The
ex-officio members shall be selected by their respective
organizations; and
(d) the commission may remove any member
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of the executive committee as provided in the commission's
bylaws; and
(3) meet at least annually, and:
(a) executive committee meetings shall
be open to the public, except that the executive committee may
meet in a closed, nonpublic meeting as provided in Subsection G
of this section;
(b) the executive committee shall give
seven days' notice of its meetings, posted on the committee's
website and as determined to provide notice to persons with an
interest in the business of the commission; and
(c) the executive committee may hold a
special meeting in accordance with Paragraph (2) of Subsection
F of this section.
E. The commission shall adopt and provide an annual
report to the member states.
F. All meetings of the commission shall be open to
the public, except that the commission may meet in a closed,
nonpublic meeting as provided in Subsection G of this section.
The commission:
(1) shall provide public notice for all
meetings in the same manner as required for notice of
rulemaking under the provisions of Section 13 of the Social
Work Licensure Interstate Compact, except that the commission
may hold a special meeting as provided in Paragraph (2) of this
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subsection; and
(2) may hold a special meeting when it must
meet to conduct emergency business by giving forty-eight hours'
notice to all commissioners on the commission's website and by
other means as provided in the commission's rules. The
commission's legal counsel shall certify that the commission's
need to meet qualifies as an emergency.
G. The commission, executive committee or other
committees of the commission may convene in a closed, nonpublic
meeting for the commission, executive committee or other
committee of the commission to receive legal advice or to
discuss:
(1) noncompliance of a member state with its
obligations under the compact;
(2) the employment, compensation, discipline
or other matters, practices or procedures related to specific
employees;
(3) current or threatened discipline of a
licensee by the commission or by a member state's licensing
authority;
(4) current, threatened or reasonably
anticipated litigation;
(5) negotiation of contracts for the purchase,
lease or sale of goods, services or real estate;
(6) accusing any person of a crime or formally
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censuring any person;
(7) trade secrets or commercial or financial
information that is privileged or confidential;
(8) investigative records compiled for law
enforcement purposes;
(9) information related to any investigative
reports prepared by or on behalf of or for use of the
commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to
this compact;
(10) matters specifically exempted from
disclosure by federal or member state law; or
(11) other matters as promulgated by the
commission by rule.
H. If a meeting or portion of a meeting is closed,
the presiding officer shall state that the meeting will be
closed and reference each relevant exempting provision, and the
reference shall be recorded in the minutes.
I. The commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken and the
reasons for taking the actions, including a description of the
views expressed. All documents considered in connection with
an action shall be identified in the minutes. All minutes and
documents of a closed meeting shall remain under seal, subject
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to release only by a majority vote of the commission or order
of a court of competent jurisdiction.
J. With respect to financing, the commission:
(1) shall pay or provide for the payment of
the reasonable expenses of its establishment, organization and
ongoing activities;
(2) may accept any and all appropriate revenue
sources as provided in Paragraph (13) of Subsection C of this
section;
(3) may levy on and collect an annual
assessment from each member state and impose fees on licensees
of member states to whom it grants a multistate license to
cover the cost of the operations and activities of the
commission and its staff, which shall be in a total amount
sufficient to cover the commission's annual budget for which
revenue is not provided by other sources. The aggregate annual
assessment amount for member states shall be allocated based
upon a formula that the commission shall promulgate by rule;
(4) shall not incur obligations of any kind
prior to securing the funds adequate to meet the obligations;
nor shall the commission pledge the credit of any of the member
states, except by and with the authority of the member state;
and
(5) shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
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the commission shall be subject to the financial review and
accounting procedures established under the commission's
bylaws. All receipts and disbursements of funds shall be
subject to an annual financial review by a certified or
licensed public accountant, and the report of the financial
review shall be included in and become part of the annual
report of the commission.
K. With respect to qualified immunity, defense and
indemnification:
(1) the members, officers, executive director,
employees and representatives of the commission shall be immune
from suit and liability, both personally and in their official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of any actual or alleged act, error or omission that
occurred, or that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of
commission employment, duties or responsibilities; provided
that nothing in this paragraph shall be construed to protect
any person from suit or liability for any damage, loss, injury
or liability caused by the intentional or willful or wanton
misconduct of that person. The procurement of insurance of any
type by the commission shall not in any way compromise or limit
the immunity granted herein;
(2) the commission shall defend any member,
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officer, executive director, employee and representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error or omission
that occurred within the scope of commission employment, duties
or responsibilities, or as determined by the commission that
the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of commission
employment, duties or responsibilities; provided that nothing
herein shall be construed to prohibit that person from
retaining that person's own counsel at that person's own
expense; and provided further that the actual or alleged act,
error or omission did not result from that person's intentional
or willful or wanton misconduct;
(3) the commission shall indemnify and hold
harmless any member, officer, executive director, employee and
representative of the commission for the amount of any
settlement or judgement obtained against that person arising
out of any actual or alleged act, error or omission that
occurred within the scope of commission employment, duties or
responsibilities; provided that the actual or alleged act,
error or omission did not result from the intentional or
willful or wanton misconduct of that person;
(4) nothing in this compact shall be construed
as a limitation on the liability of any licensee for
professional malpractice or misconduct, which shall be governed
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solely by any other applicable state laws;
(5) nothing in this compact shall be
interpreted to waive or otherwise abrogate a member state's
state action immunity or state action affirmative defense with
respect to antitrust claims under the federal Sherman Act, the
federal Clayton Act or any other state or federal antitrust or
anticompetitive law or regulation; and
(6) nothing in this compact shall be construed
to be a waiver of sovereign immunity by the member states or by
the commission.
SECTION 12. [NEW MATERIAL] DATA SYSTEM.--
A. The commission shall provide for the
development, maintenance, operation and utilization of a
coordinated data system.
B. The commission shall assign each applicant for a
multistate license a unique identifier, as determined by the
rules of the commission.
C. Notwithstanding any other provision of state law
to the contrary, a member state shall submit a uniform data set
to the data system on all persons to whom this compact is
applicable as required by the rules of the commission,
including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license and
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information related to the adverse actions;
(4) non-confidential information related to
alternative program participation, the beginning and ending
dates of the alternative program participation and other
information related to alternative program participation not
made confidential under member state law;
(5) any denial of application for licensure
and the reasons for the denial;
(6) the presence of current significant
investigative information; and
(7) other information that may facilitate the
administration of this compact or the protection of the public,
as determined by the rules of the commission.
D. The records and information provided to a member
state pursuant to this compact or through the data system, when
certified by the commission or an agent thereof, shall
constitute the authenticated business records of the commission
and shall be entitled to any associated hearsay exception in
any relevant judicial, quasi-judicial or administrative
proceedings in a member state.
E. Current significant investigative information
pertaining to a licensee in any member state will only be
available to other member states. It is the responsibility of
the member states to report any adverse action against a
licensee and to monitor the database to determine whether
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adverse action has been taken against a licensee. Adverse
action information pertaining to a licensee in any member state
will be available to any other member state.
F. Member states contributing information to the
data system may designate information that may not be shared
with the public without the express permission of the
contributing state.
G. Any information submitted to the data system
that is subsequently expunged pursuant to federal law or the
laws of the member state contributing the information shall be
removed from the data system.
SECTION 13. [NEW MATERIAL] RULEMAKING.--
A. The commission shall promulgate reasonable rules
in order to effectively and efficiently implement and
administer the purposes and provisions of the this compact. A
rule shall be invalid and have no force or effect only if a
court of competent jurisdiction holds that the rule is invalid
because the commission exercised its rulemaking authority in a
manner that is beyond the scope and purposes of this compact,
or the powers granted hereunder, or based upon another
applicable standard of review.
B. The rules of the commission shall have the force
of law in each member state; provided that where the rules of
the commission conflict with the laws of the member state that
establish the member state's laws, regulations and applicable
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standards that govern the practice of social work as held by a
court of competent jurisdiction, the rules of the commission
shall be ineffective in that state to the extent of the
conflict.
C. The commission shall exercise its rulemaking
powers pursuant to the criteria set forth in this section and
the rules adopted thereunder. Rules shall become binding on
the day following adoption or the date specified in the rule or
amendment, whichever is later.
D. If a majority of the legislatures of member
states rejects a rule or portion of a rule by enactment of a
statute or resolution in the same manner used to adopt this
compact within four years of the date of adoption of the rule,
then the rule shall have no further force or effect in any
member state.
E. Rules shall be adopted at a regular or special
meeting of the commission.
F. Prior to adoption of a proposed rule, the
commission shall hold a public hearing and allow persons to
provide oral and written comments, data, facts, opinions and
arguments.
G. Prior to adoption of a proposed rule, and at
least thirty days in advance of the meeting at which the
commission will hold a public hearing on the proposed rule, the
commission shall provide a notice of proposed rulemaking:
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(1) on the commission's website or on another
publicly accessible platform;
(2) to persons who have requested notice of
the commission's notices of proposed rulemaking; and
(3) in any other ways that the commission may
specify by rule.
H. The notice of proposed rulemaking shall include:
(1) the time, date and location of the public
hearing at which the commission will hear public comments on
the proposed rule and, if different, the time, date and
location of the meeting where the commission will consider and
vote on the proposed rule;
(2) if the hearing is held via
telecommunication, video conference or other electronic means,
the commission shall include the mechanism for access to the
hearing in the notice of proposed rulemaking;
(3) the text of the proposed rule and the
reason therefor;
(4) a request for comments on the proposed
rule from any interested person; and
(5) the manner in which interested persons may
submit written comments.
I. All hearings shall be recorded. A copy of the
recording and all written comments and documents received by
the commission in response to the proposed rule shall be
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available to the public.
J. Nothing in this section shall be construed as
requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the commission at hearings
required by this section.
K. The commission shall, by majority vote of all
members, take final action on a proposed rule based on the
rulemaking record and the full text of the rule. The
commission:
(1) may adopt changes to the proposed rule;
provided that the changes do not enlarge the original purpose
of the proposed rule;
(2) shall provide an explanation of the
reasons for substantive changes made to the proposed rule as
well as reasons for substantive changes not made that were
recommended by commenters; and
(3) shall determine a reasonable effective
date for the rule. Except for an emergency as provided in
Subsection L of this section, the effective date of the rule
shall be no sooner than thirty days after issuing the notice
that the commission adopted or amended the rule.
L. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule with forty-
eight-hours' notice, with opportunity to comment; provided that
the usual rulemaking procedures provided in this compact and in
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this section shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than ninety days
after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:
(1) meet an imminent threat to public health,
safety or welfare;
(2) prevent a loss of commission or member
state funds;
(3) meet a deadline for the promulgation of a
rule that is established by federal law or rule; or
(4) protect public health and safety.
M. The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule
for purposes of correcting typographical errors, errors in
format, errors in consistency or grammatical errors. Public
notice of any revisions shall be posted on the commission's
website. The revision shall be subject to challenge by any
person for a period of thirty days after posting. The revision
may be challenged only on grounds that the revision results in
a material change to a rule. A challenge shall be made in
writing and delivered to the commission prior to the end of the
notice period. If no challenge is made, the revision shall
take effect without further action. If the revision is
challenged, the revision shall not take effect without the
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approval of the commission.
N. No member state's rulemaking requirements shall
apply under this compact.
SECTION 14. [NEW MATERIAL] OVERSIGHT, DISPUTE RESOLUTION
AND ENFORCEMENT.--
A. The executive and judicial branches of state
government in each member state shall enforce this compact and
take all actions necessary and appropriate to implement the
compact.
B. Except as otherwise provided in this compact,
venue is proper and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court
of competent jurisdiction where the principal office of the
commission is located. The commission may waive venue and
jurisdictional defenses to the extent that it adopts or
consents to participate in an alternative dispute resolution
proceeding. Nothing in this section shall affect or limit the
selection or propriety of venue in any action against a
licensee for professional malpractice, misconduct or any
similar matter.
C. The commission shall be entitled to receive
service of process in any proceeding regarding the enforcement
or interpretation of the compact and shall have standing to
intervene in the proceeding for all purposes. Failure to
provide the commission service of process shall render a
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judgement or order void as to the commission, this compact or
promulgated rules.
D. If the commission determines that a member state
has defaulted in the performance of its obligation or
responsibilities under this compact or the promulgated rules,
the commission shall provide written notice to the defaulting
state. The notice of default shall describe the default, the
proposed means of curing the default and any other action that
the commission may take and shall offer training and specific
technical assistance regarding the default. The commission
shall provide a copy of the notice of default to the other
member states.
E. If a member state in default fails to cure the
default, the defaulting state may be terminated from the
compact upon an affirmative vote of a majority of the delegates
of the member states, and all rights, privileges and benefits
conferred on that state by this compact may be terminated on
the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of default.
F. Termination of membership in this compact shall
be imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the governor, the majority
and minority floor leaders of the defaulting state's
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legislature, the defaulting state's licensing authority and
each of the member states' licensing authority.
G. A state that has been terminated is responsible
for all assessments, obligations and liabilities incurred
through the effective date of termination, including
obligations that extend beyond the effective date of the
termination.
H. Upon the termination of a state's membership
from this compact, that state shall immediately provide notice
to all licensees within that state of the termination. The
terminated state shall continue to recognize all licenses
granted pursuant to this compact for a minimum of six months
after the date of termination.
I. The commission shall not bear any costs related
to a state that is found to be in default or that has been
terminated from the compact, unless agreed upon in writing
between the commission and the defaulting state.
J. A defaulting member state may appeal an action
of the commission by petitioning the United States district
court for the District of Columbia or the federal district
where the commission has its principal offices. The prevailing
party shall be awarded all costs of the litigation, including
reasonable attorney fees.
K. Upon request by a member state, the commission
shall attempt to resolve disputes related to the compact that
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arise among member states and between member and non-member
states. The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
L. By majority vote as provided by rule, the
commission may initiate legal action against a member state in
default in the United States district court for the District of
Columbia or the federal district where the commission has its
principal offices to enforce compliance with the provisions of
this compact and the commission's promulgated rules. The
relief sought may include both injunctive relief and damages.
In the event judicial enforcement is necessary, the prevailing
party shall be awarded all costs of the litigation, including
reasonable attorney fees. The remedies herein shall not be the
exclusive remedies of the commission. The commission may
pursue any other remedies available under federal or the
defaulting member state's law.
M. A member state may initiate legal action against
the commission in the United States district court for the
District of Columbia or the federal district where the
commission has its principal offices to enforce compliance with
the provisions of this compact and the commission's promulgated
rules. The relief sought may include both injunctive relief
and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of the
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litigation, including reasonable attorney fees.
N. No entity other than a member state shall
enforce this compact against the commission.
SECTION 15. [NEW MATERIAL] EFFECTIVE DATE, WITHDRAWAL AND
AMENDMENT.--
A. This compact shall come into effect on the date
on which the compact statute is enacted into law in the seventh
member state.
B. On or after the effective date of this compact,
the commission shall convene and review the enactment of each
of the first seven member states to determine if the statute
enacted by each charter member state is materially different
than the model compact statute.
C. A charter member state whose enactment is found
to be materially different from the model compact statute shall
be entitled to the default process set forth in Section 14 of
the Social Work Licensure Interstate Compact. If a member
state is later found to be in default, or is terminated or
withdraws from the compact, the commission shall remain in
existence, and the compact shall remain in effect even if the
number of member states is less than seven.
D. Member states enacting this compact subsequent
to the seven initial charter member state shall be subject to
the process set forth in Paragraph (21) of Subsection C of
Section 11 of the Social Work Licensure Interstate Compact to
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determine if the enactments are materially different from the
model compact statute and whether the states qualify for
participation in this compact.
E. All action taken for the benefit of the
commission or in furtherance of the purposes of the
administration of the compact prior to the effective date of
the compact or the commission coming into existence shall be
considered to be actions of the commission unless specifically
repudiated by the commission.
F. Any state that joins the compact subsequent to
the commission's initial adoption of the rules and bylaws shall
be subject to the rules and bylaws as they exist on the date on
which the compact becomes law in that state. Any rule that has
been previously adopted by the commission shall have the full
force and effect of law on the day the compact becomes law in
that state.
G. Any member state may withdraw from this compact
by enacting a statute repealing the compact statute. A member
state's withdrawal shall not take effect until one hundred
eighty days after enactment of the repealing statute.
H. Withdrawal shall not affect the continuing
requirement of the withdrawing state's licensing authority to
comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of
withdrawal.
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I. Upon the enactment of a statute withdrawing from
this compact, a state shall immediately provide notice of the
withdrawal to all licensees with that state. Notwithstanding
any subsequent statutory enactment to the contrary, the
withdrawing state shall continue to recognize all licenses
granted pursuant to this compact for a minimum of one hundred
eighty days after the date of the notice of withdrawal.
J. Nothing contained in this compact shall be
construed to invalidate or prevent any licensure agreement or
other cooperative arrangement between a member state and a non-
member state that does not conflict with the provisions of this
compact.
K. This compact may be amended by the member
states. No amendment to this compact shall become effective
and binding upon any member state until it is enacted into the
laws of all member states.
SECTION 16. [NEW MATERIAL] CONSTRUCTION AND
SEVERABILITY.--
A. This compact and the commission's rulemaking
authority shall be liberally construed so as to effectuate the
purposes, implementation and administration of this compact.
Provisions of this compact expressly authorizing or requiring
the promulgation of rules shall not be construed to limit the
commission's rulemaking authority solely for those purposes.
B. The provisions of this compact shall be
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severable, and if any phrase, clause, sentence or provision of
this compact is held by a court of competent jurisdiction to be
contrary to the constitution of any member state, a state
seeking participation in the compact or the United States, or
the applicability thereof to any government, agency, person or
circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this
compact and the applicability thereof to any other government,
agency, person or circumstance shall not be affected.
C. Notwithstanding Subsection B of this section,
the commission may deny a state's participation in the compact
or, in accordance with the requirements of Section 14 of the
Social Work Licensure Interstate Compact, terminate a member
state's participation in the compact if the commission
determines that a constitutional requirement of a member state
is a material departure from the compact. Otherwise, if this
compact shall be held to be contrary to the constitution of any
member state, the compact shall remain in full force and effect
as to the remaining member states and in full force and effect
as to the member state affected as to all severable matters.
SECTION 17. [NEW MATERIAL] CONSISTENT EFFECT AND CONFLICT
WITH OTHER STATE LAWS.--
A. A licensee providing services in a remote state
under a multistate authorization to practice shall adhere to
the laws and regulations, including laws, regulations and
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applicable standards, of the remote state where a client is
located at the time care is rendered.
B. Nothing in the Social Work Licensure Interstate
Compact shall prevent or inhibit the enforcement of any other
law of a member state that is not inconsistent with the
compact.
C. Any laws, statutes, regulation or other legal
requirements in a member state in conflict with the compact are
superseded to the extent of the conflict.
D. All permissible agreements between the
commission and the member states are binding in accordance with
the terms of those agreements.
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