REQUIRES TWO-THIRDS MAJORITY VOTE (§ 3)
S.B. 68
- *SB68*
SENATE BILL NO. 68–COMMITTEE ON COMMERCE AND LABOR
(ON BEHALF OF THE RURAL REGIONAL
BEHAVIORAL HEALTH POLICY BOARD)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to behavioral health.
(BDR 54-403)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to behavioral health; requiring licensing boards
that regulate various professions relating to behavioral
health to report certain information; ratifying and entering
into the Social Work Licensure Compact; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Board of Psychological Examiners, the Board of 1
Examiners for Marriage and Family Therapists and Clinical Professional 2
Counselors, the Board of Examiners for Social Workers and the Board of 3
Examiners for Alcohol, Drug and Gambling Counselors to report annually certain 4
data and other information to the Joint Interim Standing Committee on Health and 5
Human Services and to the Chair of each regional behavioral health policy board. 6
(NRS 641.145, 641A.183, 641B.165, 641C.230) Sections 1, 2, 4 and 5 of this bill 7
require the reports to additionally include a narrative description of: (1) each 8
reporting board’s procedures for collecting the data which must be reported; (2) the 9
reasons for the denials of applications for the issuance or renewal of licenses, 10
registrations and certificates, as applicable; (3) the known reasons for any increase 11
or decrease in the number of applications for the issuance or renewal of a license, 12
registration or certificate, as applicable, categorized by type of license, registration 13
or certificate; and (4) if known, the location in this State in which each applicant for 14
licensure, registration or certification intends to practice. 15
Existing law provides for the licensure and regulation of persons engaged in the 16
practice of social work by the Board of Examiners for Social Workers. (Chapter 17
641B of NRS) Section 3 of this bill ratifies the Social Work Licensure Compact, 18
which creates a multistate license with uniform licensing requirements for licensees 19
in all member states. 20
– 2 –
- *SB68*
The Compact requires that, in order to be eligible to join the Compact and 21
maintain eligibility as a member state, a state must: (1) license and regulate the 22
practice of social work; (2) require that applicants for licensure satisfy certain 23
educational requirements and pass an examination before being licensed; (3) 24
require applicants for certain licensure to complete a period of supervised practice; 25
(4) have a mechanism in place to receive, investigate and adjudicate complaints 26
against licensees; (5) designate a delegate to participate in the Commission; (6) 27
participate in the Commission’s data system; (7) notify the Commission of certain 28
actions taken against or the availability of certain investigative information 29
regarding licensees; (8) implement procedures for considering the criminal history 30
of applicants for a multistate license; (9) comply with the rules of the Commission; 31
(10) require an applicant for a multistate license to obtain or retain a license in the 32
state that is the licensee’s primary domicile; and (11) authorize a licensee holding a 33
multistate license in any member state to practice in accordance with the terms of 34
the Compact and rules of the Commission. To be eligible for a multistate license 35
pursuant to the Compact, an applicant must: (1) hold or be eligible for an active and 36
unrestricted license in the state where he or she is primarily domiciled; (2) pay any 37
applicable fees; (3) submit fingerprints or other biometric data for the purpose of 38
obtaining records concerning his or her criminal history; (4) notify his or her state 39
of primary residence of any adverse action, encumbrance or restriction relating to 40
his or her license; (5) meet certain continuing competency requirements; (6) abide 41
by the laws, regulations and applicable standards for licensure in the state where the 42
applicant performs social work; and (7) fulfill certain additional requirements 43
specific to the category of multistate license for which he or she applies. 44
The Compact: (1) establishes the Social Work Licensure Compact Commission 45
as a joint governmental agency whose membership consists of all member states; 46
and (2) provides for the Commission’s rules and governance. The Compact also 47
establishes a data system, provided for by the Commission, and requires member 48
states to submit uniform data to the data system on all individuals to whom the 49
Compact is applicable. 50
The Compact provides additional provisions to carry out the Compact, 51
including providing procedures for the taking of adverse actions against licensees, 52
provisions for active military members or their spouses, provisions for rulemaking 53
by the Commission, provisions for oversight, dispute resolution and enforcement 54
and procedures for amendments and withdrawals. The Compact takes effect on the 55
date on which the Compact is enacted into law by the seventh member state. 56
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 641.145 is hereby amended to read as follows: 1
641.145 1. On or before February 1 of each year, the Board 2
shall submit to the Joint Interim Standing Committee on Health and 3
Human Services and to the Chair of each regional behavioral health 4
policy board created by NRS 433.429 a report which must include: 5
(a) The number of complaints received, investigations 6
completed, cases dismissed, cases settled and cases for which 7
hearings were held within the immediately preceding calendar year; 8
(b) The number of applications for the issuance or renewal of a 9
license or registration received by the Board during the immediately 10
preceding calendar year and the number of those applications for 11
– 3 –
- *SB68*
which the Board conducted additional review beyond the standard 1
review regularly conducted by the Board; [and] 2
(c) The number of applications for the issuance of a license by 3
endorsement received by the Board pursuant to NRS 641.196 during 4
the immediately preceding calendar year, the number of those 5
applications that were denied and the reasons for denial [.] ; and 6
(d) A narrative description of: 7
(1) The processes which the Board uses to collect the data 8
for the information reported in paragraphs (a), (b) and (c); 9
(2) The reasons for the denials of applications for the 10
issuance or renewal of licenses and registrations during the 11
immediately preceding calendar year; 12
(3) The known reasons for any increase or decrease in the 13
number of applications for the issuance or renewal of a license or 14
registration, categorized by type of license or registration, during 15
the immediately preceding calendar year; and 16
(4) If known, the location in this State in which each 17
applicant for licensure or registration during the immediately 18
preceding calendar year intends to practice. 19
2. The report submitted pursuant to this section to the Chair of 20
each regional behavioral health policy board created by NRS 21
433.429 may be submitted in a written format. 22
Sec. 2. NRS 641A.183 is hereby amended to read as follows: 23
641A.183 1. On or before February 1 of each year, the Board 24
shall submit to the Joint Interim Standing Committee on Health and 25
Human Services and to the Chair of each regional behavioral health 26
policy board created by NRS 433.429 a report which must include: 27
(a) The number of complaints received, investigations 28
completed, cases dismissed, cases settled and cases for which 29
hearings were held within the immediately preceding calendar year; 30
(b) The number of applications for the issuance or renewal of a 31
license received by the Board during the immediately preceding 32
calendar year and the number of those applications for which the 33
Board conducted additional review beyond the standard review 34
regularly conducted by the Board; [and] 35
(c) The number of applications for the issuance of a license by 36
endorsement received by the Board pursuant to NRS 641A.242 37
during the immediately preceding calendar year, the number of 38
those applications that were denied and the reasons for denial [.] ; 39
and 40
(d) A narrative description of: 41
(1) The processes which the Board uses to collect the data 42
for the information reported in paragraphs (a), (b) and (c); 43
– 4 –
- *SB68*
(2) The reasons for the denials of applications for the 1
issuance or renewal of licenses during the immediately preceding 2
calendar year; 3
(3) The known reasons for any increase or decrease in the 4
number of applications for the issuance or renewal of a license, 5
categorized by type of license, during the immediately preceding 6
calendar year; and 7
(4) If known, the location in this State in which each 8
applicant for licensure during the immediately preceding calendar 9
year intends to practice. 10
2. The report submitted pursuant to this section to the Chair of 11
each regional behavioral health policy board created by NRS 12
433.429 may be submitted in a written format. 13
Sec. 3. Chapter 641B of NRS is hereby amended by adding 14
thereto a new section to read as follows: 15
The Social Work Licensure Compact is hereby ratified and 16
entered into, with all other jurisdictions legally joining the 17
Compact in substantially the form set forth in this section: 18
19
SOCIAL WORK LICENSURE COMPACT 20
21
SECTION 1: PURPOSE 22
23
The purpose of this Compact is to facilitate interstate practice 24
of Regulated Social Workers by improving public access to 25
competent Social Work Services. The Compact preserves the 26
regulatory authority of States to protect public health and safety 27
through the current system of State licensure. 28
This Compact is designed to achieve the following objectives: 29
A. Increase public access to Social Work Services; 30
B. Reduce overly burdensome and duplicative requirements 31
associated with holding multiple licenses; 32
C. Enhance the Member States’ ability to protect the public’s 33
health and safety; 34
D. Encourage the cooperation of Member States in 35
regulating multistate practice; 36
E. Promote mobility and address workforce shortages by 37
eliminating the necessity for licenses in multiple States by 38
providing for the mutual recognition of other Member State 39
licenses; 40
F. Support military families; 41
G. Facilitate the exchange of licensure and disciplinary 42
information among Member States; 43
H. Authorize all Member States to hold a Regulated Social 44
Worker accountable for abiding by a Member State’s laws, 45
– 5 –
- *SB68*
regulations and applicable professional standards in the Member 1
State in which the client is located at the time care is rendered; 2
and 3
I. Allow for the use of telehealth to facilitate increased access 4
to regulated Social Work Services. 5
6
SECTION 2: DEFINITIONS 7
8
As used in this Compact, and except as otherwise provided, the 9
following definitions shall apply: 10
A. “Active Military Member” means any individual with full-11
time duty status in the active armed forces of the United States, 12
including members of the National Guard and Reserve. 13
B. “Adverse Action” means any administrative, civil, 14
equitable or criminal action permitted by a State’s laws which is 15
imposed by a Licensing Authority or other authority against a 16
Regulated Social Worker, including actions against an 17
individual’s license or Multistate Authorization to practice, such 18
as revocation, suspension, probation, monitoring of the Licensee, 19
limitation on the Licensee’s practice, or any other Encumbrance 20
on licensure affecting a Regulated Social Worker’s authorization 21
to practice, including issuance of a cease and desist action. 22
C. “Alternative Program” means a non -disciplinary 23
monitoring or practice remediation process approved by a 24
Licensing Authority to address practitioners with an impairment. 25
D. “Charter Member States” - Member States who have 26
enacted legislation to adopt this Compact where such legislation 27
predates the effective date of this Compact as described in 28
Section 14. 29
E. “Compact Commission” or “Commission” means the 30
government agency whose membership consists of all States that 31
have enacted this Compact, which is known as the Social Work 32
Licensure Compact Commission, as described in Section 10, and 33
which shall operate as an instrumentality of the Member States. 34
F. “Current Significant Investigative Information” means: 35
1. Investigative information that a Licensing Authority, 36
after a preliminary inquiry that includes notification and an 37
opportunity for the Regulated Social Worker to respond, has 38
reason to believe is not groundless and, if proved true, would 39
indicate more than a minor infraction as may be defined by the 40
Commission; or 41
2. Investigative information that indicates that the 42
Regulated Social Worker represents an immediate threat to public 43
health and safety, as may be defined by the Commission, 44
– 6 –
- *SB68*
regardless of whether the Regulated Social Worker has been 1
notified and has had an opportunity to respond. 2
G. “Data System” means a repository of information about 3
Licensees, including, continuing education, examination, 4
licensure, Current Significant Investigative Information, 5
Disqualifying Event, Multistate License(s) and Adverse Action 6
information or other information as required by the Commission. 7
H. “Disqualifying Event” means any Adverse Action or 8
incident which results in an Encumbrance that disqualifies or 9
makes the Licensee ineligible to either obtain, retain or renew a 10
Multistate License. 11
I. “Domicile” means the jurisdiction in which the Licensee 12
resides and intends to remain indefinitely. 13
J. “Encumbrance” means a revocation or suspension of, or 14
any limitation on, the full and unrestricted practice of Social Work 15
licensed and regulated by a Licensing Authority. 16
K. “Executive Committee” means a group of delegates 17
elected or appointed to act on behalf of, and within the powers 18
granted to them by, the Compact and Commission. 19
L. “Home State” means the Member State that is the 20
Licensee’s primary Domicile. 21
M. “Impairment” means a condition(s) that may impair a 22
practitioner’s ability to engage in full and unrestricted practice as 23
a Regulated Social Worker without some type of intervention and 24
may include alcohol and drug dependence, mental health 25
impairment, and neurological or physical impairments. 26
N. “Licensee(s)” means an individual who currently holds a 27
license from a State to practice as a Regulated Social Worker. 28
O. “Licensing Authority” means the board or agency of a 29
Member State, or equivalent, that is responsible for the licensing 30
and regulation of Regulated Social Workers. 31
P. “Member State” means a state, commonwealth, district or 32
territory of the United States of America that has enacted this 33
Compact. 34
Q. “Multistate Authorization to Practice” means a legally 35
authorized privilege to practice, which is equivalent to a license, 36
associated with a Multistate License permitting the practice of 37
Social Work in a Remote State. 38
R. “Multistate License” means a license to practice as a 39
Regulated Social Worker issued by a Home State Licensing 40
Authority that authorizes the Regulated Social Worker to practice 41
in all Member States under Multistate Authorization to Practice. 42
S. “Qualifying National Exam” means a national licensing 43
examination approved by the Commission. 44
– 7 –
- *SB68*
T. “Regulated Social Worker” means any clinical, master’s 1
or bachelor’s Social Worker licensed by a Member State 2
regardless of the title used by that Member State. 3
U. “Remote State” means a Member State other than the 4
Licensee’s Home State. 5
V. “Rule(s)” or “Rule(s) of the Commission” means a 6
regulation or regulations duly promulgated by the Commission, as 7
authorized by the Compact, that has the force of law. 8
W. “Single State License” means a Social Work license 9
issued by any State that authorizes practice only within the issuing 10
State and does not include Multistate Authorization to Practice in 11
any Member State. 12
X. “Social Work” or “Social Work Services” means the 13
application of social work theory, knowledge, methods, ethics and 14
the professional use of self to restore or enhance social, 15
psychosocial, or biopsychosocial functioning of individuals, 16
couples, families, groups, organizations and communities through 17
the care and services provided by a Regulated Social Worker as set 18
forth in the Member State’s statutes and regulations in the State 19
where the services are being provided. 20
Y. “State” means any state, commonwealth, district or 21
territory of the United States of America that regulates the practice 22
of Social Work. 23
Z. “Unencumbered License” means a license that authorizes 24
a Regulated Social Worker to engage in the full and unrestricted 25
practice of Social Work. 26
27
SECTION 3: STATE PARTICIPATION IN THE COMPACT 28
29
A. To be eligible to participate in the Compact, a potential 30
Member State must currently meet all of the following criteria: 31
1. License and regulate the practice of Social Work at 32
either the clinical, master’s or bachelor’s category. 33
2. Require applicants for licensure to graduate from a 34
program that is: 35
a. Operated by a college or university recognized by the 36
Licensing Authority; 37
b. Accredited, or in candidacy by an institution that 38
subsequently becomes accredited, by an accrediting agency 39
recognized by either: 40
i. the Council for Higher Education Accreditation, or 41
its successor; or 42
ii. the United States Department of Education; and 43
c. Corresponds to the licensure sought as outlined in 44
Section 4. 45
– 8 –
- *SB68*
3. Require applicants for clinical licensure to complete a 1
period of supervised practice. 2
4. Have a mechanism in place for receiving, investigating, 3
and adjudicating complaints about Licensees. 4
B. To maintain membership in the Compact, a Member State 5
shall: 6
1. Require that applicants for a Multistate License pass a 7
Qualifying National Exam for the corresponding category of 8
Multistate License sought as outlined in Section 4; 9
2. Participate fully in the Commission’s Data System, 10
including using the Commission’s unique identifier as defined in 11
Rules; 12
3. Notify the Commission, in compliance with the terms of 13
the Compact and Rules, of any Adverse Action or the availability 14
of Current Significant Investigative Information regarding a 15
Licensee; 16
4. Implement procedures for considering the criminal 17
history records of applicants for a Multistate License. Such 18
procedures shall include the submission of fingerprints or other 19
biometric-based information by applicants for the purpose of 20
obtaining an applicant’s criminal history record information from 21
the Federal Bureau of Investigation and the agency responsible 22
for retaining that State’s criminal records; 23
5. Comply with the Rules of the Commission; 24
6. Require an applicant to obtain or retain a license in the 25
Home State and meet the Home State’s qualifications for 26
licensure or renewal of licensure, as well as all other applicable 27
Home State Laws; 28
7. Authorize a Licensee holding a Multistate License in any 29
Member State to practice in accordance with the terms of the 30
Compact and Rules of the Commission; and 31
8. Designate a delegate to participate in the Commission 32
meetings. 33
C. A Member State meeting the requirements of Section 3.A 34
and 3.B of this Compact shall designate the categories of Social 35
Work licensure that are eligible for issuance of a Multistate 36
License for applicants in such Member State. To the extent that 37
any Member State does not meet the requirements for 38
participation in the Compact at any particular category of Social 39
Work licensure, such Member State may choose, but is not 40
obligated to, issue a Multistate License to applicants that otherwise 41
meet the requirements of Section 4 for issuance of a Multistate 42
License in such category or categories of licensure. 43
D. The Home State may charge a fee for granting the 44
Multistate License. 45
– 9 –
- *SB68*
SECTION 4: SOCIAL WORKER PARTICIPATION 1
IN THE COMPACT 2
3
A. To be eligible for a Multistate License under the terms and 4
provisions of the Compact, an applicant, regardless of category, 5
must: 6
1. Hold or be eligible for an active, Unencumbered License 7
in the Home State. 8
2. Pay any applicable fees, including any State fee, for the 9
Multistate License. 10
3. Submit, in connection with an application for a 11
Multistate License, fingerprints or other biometric data for the 12
purpose of obtaining criminal history record information from the 13
Federal Bureau of Investigation and the agency responsible for 14
retaining that State’s criminal records. 15
4. Notify the Home State of any Adverse Action, 16
Encumbrance or restriction on any professional license taken by 17
any Member State or non-Member State within 30 days from the 18
date the action is taken. 19
5. Meet any continuing competence requirements 20
established by the Home State. 21
6. Abide by the laws, regulations and applicable standards 22
in the Member State where the client is located at the time care is 23
rendered. 24
B. An applicant for a clinical-category Multistate License 25
must meet all of the following requirements: 26
1. Fulfill a competency requirement, which shall be 27
satisfied by either: 28
a. Passage of a clinical-category Qualifying National 29
Exam; 30
b. Licensure of the applicant in their Home State at the 31
clinical category, beginning prior to such time as a Qualifying 32
National Exam was required by the Home State and accompanied 33
by a period of continuous Social Work licensure thereafter, all of 34
which may be further governed by the Rules of the Commission; 35
or 36
c. The substantial equivalency of the foregoing 37
competency requirements which the Commission may determine 38
by Rule. 39
2. Attain at least a master’s degree in Social Work from a 40
program that is: 41
a. Operated by a college or university recognized by the 42
Licensing Authority; and 43
– 10 –
- *SB68*
b. Accredited, or in candidacy that subsequently 1
becomes accredited, by an accrediting agency recognized by 2
either: 3
i. the Council for Higher Education Accreditation or 4
its successor; or 5
ii. the United States Department of Education. 6
3. Fulfill a practice requirement, which shall be satisfied by 7
demonstrating completion of either: 8
a. A period of postgraduate supervised clinical practice 9
equal to a minimum of three thousand hours; 10
b. A minimum of two years of full-time postgraduate 11
supervised clinical practice; or 12
c. The substantial equivalency of the foregoing practice 13
requirements which the Commission may determine by Rule. 14
C. An applicant for a master’s-category Multistate License 15
must meet all of the following requirements: 16
1. Fulfill a competency requirement, which shall be 17
satisfied by either: 18
a. Passage of a master’s-category Qualifying National 19
Exam; 20
b. Licensure of the applicant in their Home State at the 21
master’s category, beginning prior to such time as a Qualifying 22
National Exam was required by the Home State at the master’s 23
category and accompanied by a continuous period of Social Work 24
licensure thereafter, all of which may be further governed by the 25
Rules of the Commission; or 26
c. The substantial equivalency of the foregoing 27
competency requirements which the Commission may determine 28
by Rule. 29
2. Attain at least a master’s degree in Social Work from a 30
program that is: 31
a. Operated by a college or university recognized by the 32
Licensing Authority; and 33
b. Accredited, or in candidacy that subsequently 34
becomes accredited, by an accrediting agency recognized by 35
either: 36
i. the Council for Higher Education Accreditation or 37
its successor; or 38
ii. the United States Department of Education. 39
D. An applicant for a bachelor’s-category Multistate License 40
must meet all of the following requirements: 41
1. Fulfill a competency requirement, which shall be 42
satisfied by either: 43
a. Passage of a bachelor’s-category Qualifying National 44
Exam; 45
– 11 –
- *SB68*
b. Licensure of the applicant in their Home State at the 1
bachelor’s category, beginning prior to such time as a Qualifying 2
National Exam was required by the Home State and accompanied 3
by a period of continuous Social Work licensure thereafter, all of 4
which may be further governed by the Rules of the Commission; 5
or 6
c. The substantial equivalency of the foregoing 7
competency requirements which the Commission may determine 8
by Rule. 9
2. Attain at least a bachelor’s degree in Social Work from a 10
program that is: 11
a. Operated by a college or university recognized by the 12
Licensing Authority; and 13
b. Accredited, or in candidacy that subsequently 14
becomes accredited, by an accrediting agency recognized by 15
either: 16
i. the Council for Higher Education Accreditation or 17
its successor; or 18
ii. the United States Department of Education. 19
E. The Multistate License for a Regulated Social Worker is 20
subject to the renewal requirements of the Home State. The 21
Regulated Social Worker must maintain compliance with the 22
requirements of Section 4(A) to be eligible to renew a Multistate 23
License. 24
F. The Regulated Social Worker’s services in a Remote State 25
are subject to that Member State’s regulatory authority. A Remote 26
State may, in accordance with due process and that Member 27
State’s laws, remove a Regulated Social Worker’s Multistate 28
Authorization to Practice in the Remote State for a specific period 29
of time, impose fines and take any other necessary actions to 30
protect the health and safety of its citizens. 31
G. If a Multistate License is encumbered, the Regulated 32
Social Worker’s Multistate Authorization to Practice shall be 33
deactivated in all Remote States until the Multistate License is no 34
longer encumbered. 35
H. If a Multistate Authorization to Practice is encumbered in 36
a Remote State, the Regulated Social Worker’s Multistate 37
Authorization to Practice may be deactivated in that State until the 38
Multistate Authorization to Practice is no longer encumbered. 39
40
SECTION 5: ISSUANCE OF A MULTISTATE LICENSE 41
42
A. Upon receipt of an application for a Multistate license, the 43
Home State Licensing Authority shall determine the applicant’s 44
– 12 –
- *SB68*
eligibility for a Multistate License in accordance with Section 4 of 1
this Compact. 2
B. If such applicant is eligible pursuant to Section 4 of this 3
Compact, the Home State Licensing Authority shall issue a 4
Multistate License that authorizes the applicant or Regulated 5
Social Worker to practice in all Member States under a Multistate 6
Authorization to Practice. 7
C. Upon issuance of a Multistate License, the Home State 8
Licensing Authority shall designate whether the Regulated Social 9
Worker holds a Multistate License in the Bachelor’s, Master’s or 10
Clinical category of Social Work. 11
D. A Multistate License issued by a Home State to a resident 12
in that state shall be recognized by all Compact Member States as 13
authorizing Social Work Practice under a Multistate 14
Authorization to Practice corresponding to each category of 15
licensure regulated in each Member State. 16
17
SECTION 6: AUTHORITY OF INTERSTATE 18
COMPACT COMMISSION AND MEMBER 19
STATE LICENSING AUTHORITI ES 20
21
A. Nothing in this Compact, nor any Rule of the Commission, 22
shall be construed to limit, restrict, or in any way reduce the ability 23
of a Member State to enact and enforce laws, regulations, or other 24
Rules related to the practice of Social Work in that State, where 25
those laws, regulations, or other rules are not inconsistent with the 26
provisions of this Compact. 27
B. Nothing in this Compact shall affect the requirements 28
established by a Member State for the issuance of a Single State 29
License. 30
C. Nothing in this Compact, nor any Rule of the Commission, 31
shall be construed to limit, restrict, or in any way reduce the ability 32
of a Member State to take Adverse Action against a Licensee’s 33
Single State License to practice Social Work in that State. 34
D. Nothing in this Compact, nor any Rule of the 35
Commission, shall be construed to limit, restrict, or in any way 36
reduce the ability of a Remote State to take Adverse Action against 37
a Licensee’s Multistate Authorization to Practice in that State. 38
E. Nothing in this Compact, nor any Rule of the Commission, 39
shall be construed to limit, restrict, or in any way reduce the ability 40
of a Licensee’s Home State to take Adverse Action against a 41
Licensee’s Multistate License based upon information provided by 42
a Remote State. 43
– 13 –
- *SB68*
SECTION 7: REISSUANCE OF A MULTISTATE 1
LICENSE BY A NEW HOME STATE 2
3
A. A Licensee can hold a Multistate License, issued by their 4
Home State, in only one Member State at any given time. 5
B. If a Licensee changes their Home State by moving 6
between two Member States: 7
1. The Licensee shall immediately apply for the reissuance 8
of their Multistate License in their new Home State. The Licensee 9
shall pay all applicable fees and notify the prior Home State in 10
accordance with the Rules of the Commission. 11
2. Upon receipt of an application to reissue a Multistate 12
License, the new Home State shall verify that the Multistate 13
License is active, unencumbered and eligible for reissuance under 14
the terms of the Compact and the Rules of the Commission. The 15
Multistate License issued by the prior Home State will be 16
deactivated and all Member States notified in accordance with the 17
applicable Rules adopted by the Commission. 18
3. Prior to the reissuance of the Multistate License, the new 19
Home State shall conduct procedures for considering the criminal 20
history records of the Licensee. Such procedures shall include the 21
submission of fingerprints or other biometric-based information 22
by applicants for the purpose of obtaining an applicant’s criminal 23
history record information from the Federal Bureau of 24
Investigation and the agency responsible for retaining that State’s 25
criminal records. 26
4. If required for initial licensure, the new Home State may 27
require completion of jurisprudence requirements in the new 28
Home State. 29
5. Notwithstanding any other provision of this Compact, if 30
a Licensee does not meet the requirements set forth in this 31
Compact for the reissuance of a Multistate License by the new 32
Home State, then the Licensee shall be subject to the new Home 33
State requirements for the issuance of a Single State License in 34
that State. 35
C. If a Licensee changes their primary State of residence by 36
moving from a Member State to a non-Member State, or from a 37
non-Member State to a Member State, then the Licensee shall be 38
subject to the State requirements for the issuance of a Single State 39
License in the new Home State. 40
D. Nothing in this Compact shall interfere with a Licensee’s 41
ability to hold a Single State License in multiple States; however, 42
for the purposes of this Compact, a Licensee shall have only one 43
Home State and only one Multistate License. 44
– 14 –
- *SB68*
E. Nothing in this Compact shall interfere with the 1
requirements established by a Member State for the issuance of a 2
Single State License. 3
4
SECTION 8: MILITARY FAMILIES 5
6
An Active Military Member or their spouse shall designate a 7
Home State where the individual has a Multistate License. The 8
individual may retain their Home State designation during the 9
period the service member is on active duty. 10
11
SECTION 9: ADVERSE ACTIONS 12
13
A. In addition to the other powers conferred by State law, a 14
Remote State shall have the authority, in accordance with existing 15
State due process law, to: 16
1. Take Adverse Action against a Regulated Social 17
Worker’s Multistate Authorization to Practice only within that 18
Member State, and issue subpoenas for both hearings and 19
investigations that require the attendance and testimony of 20
witnesses as well as the production of evidence. Subpoenas issued 21
by a Licensing Authority in a Member State for the attendance 22
and testimony of witnesses or the production of evidence from 23
another Member State shall be enforced in the latter State by any 24
court of competent jurisdiction, according to the practice and 25
procedure of that court applicable to subpoenas issued in 26
proceedings pending before it. The issuing Licensing Authority 27
shall pay any witness fees, travel expenses, mileage and other fees 28
required by the service statutes of the State in which the witnesses 29
or evidence are located. 30
2. Only the Home State shall have the power to take 31
Adverse Action against a Regulated Social Worker’s Multistate 32
License. 33
B. For purposes of taking Adverse Action, the Home State 34
shall give the same priority and effect to reported conduct received 35
from a Member State as it would if the conduct had occurred 36
within the Home State. In so doing, the Home State shall apply its 37
own State laws to determine appropriate action. 38
C. The Home State shall complete any pending investigations 39
of a Regulated Social Worker who changes their Home State 40
during the course of the investigations. The Home State shall also 41
have the authority to take appropriate action(s) and shall promptly 42
report the conclusions of the investigations to the administrator of 43
the Data System. The administrator of the Data System shall 44
promptly notify the new Home State of any Adverse Actions. 45
– 15 –
- *SB68*
D. A Member State, if otherwise permitted by State law, may 1
recover from the affected Regulated Social Worker the costs of 2
investigations and dispositions of cases resulting from any Adverse 3
Action taken against that Regulated Social Worker. 4
E. A Member State may take Adverse Action based on the 5
factual findings of another Member State, provided that the 6
Member State follows its own procedures for taking the Adverse 7
Action. 8
F. Joint Investigations: 9
1. In addition to the authority granted to a Member State by 10
its respective Social Work practice act or other applicable State 11
law, any Member State may participate with other Member States 12
in joint investigations of Licensees. 13
2. Member States shall share any investigative, litigation, or 14
compliance materials in furtherance of any joint or individual 15
investigation initiated under the Compact. 16
G. If Adverse Action is taken by the Home State against the 17
Multistate License of a Regulated Social Worker, the Regulated 18
Social Worker’s Multistate Authorization to Practice in all other 19
Member States shall be deactivated until all Encumbrances have 20
been removed from the Multistate License. All Home State 21
disciplinary orders that impose Adverse Action against the license 22
of a Regulated Social Worker shall include a statement that the 23
Regulated Social Worker’s Multistate Authorization to Practice is 24
deactivated in all Member States until all conditions of the 25
decision, order or agreement are satisfied. 26
H. If a Member State takes Adverse Action, it shall promptly 27
notify the administrator of the Data System. The administrator of 28
the Data System shall promptly notify the Home State and all 29
other Member States of any Adverse Actions by Remote States. 30
I. Nothing in this Compact shall override a Member State’s 31
decision that participation in an Alternative Program may be used 32
in lieu of Adverse Action. 33
J. Nothing in this Compact shall authorize a Member State to 34
demand the issuance of subpoenas for attendance and testimony 35
of witnesses or the production of evidence from another Member 36
State for lawful actions within that Member State. 37
K. Nothing in this Compact shall authorize a Member State 38
to impose discipline against a Regulated Social Worker who holds 39
a Multistate Authorization to Practice for lawful actions within 40
another Member State. 41
– 16 –
- *SB68*
SECTION 10: ESTABLISHMENT OF SOCIAL WORK 1
LICENSURE COMPACT COMMISSION 2
3
A. The Compact Member States hereby create and establish a 4
joint government agency whose membership consists of all 5
Member States that have enacted the Compact, known as the 6
Social Work Licensure Compact Commission. The Commission is 7
an instrumentality of the Compact States acting jointly and not an 8
instrumentality of any one State. The Commission shall come into 9
existence on or after the effective date of the Compact as set forth 10
in Section 14. 11
B. Membership, Voting and Meetings: 12
1. Each Member State shall have and be limited to one (1) 13
delegate selected by that Member State’s State Licensing 14
Authority. 15
2. The delegate shall be either: 16
a. A current member of the State Licensing Authority at 17
the time of appointment, who is a Regulated Social Worker or 18
public member of the State Licensing Authority; or 19
b. An administrator of the State Licensing Authority or 20
their designee. 21
3. The Commission shall by Rule or bylaw establish a term 22
of office for delegates and may by Rule or bylaw establish term 23
limits. 24
4. The Commission may recommend the removal or 25
suspension of any delegate from office. 26
5. A Member State’s State Licensing Authority shall fill any 27
vacancy of its delegate occurring on the Commission within 60 28
days of the vacancy. 29
6. Each delegate shall be entitled to one vote on all matters 30
before the Commission requiring a vote by Commission delegates. 31
7. A delegate shall vote in person or by such other means as 32
provided in the bylaws. The bylaws may provide for delegates to 33
meet by telecommunication, videoconference, or other means of 34
communication. 35
8. The Commission shall meet at least once during each 36
calendar year. Additional meetings may be held as set forth in the 37
bylaws. The Commission may meet by telecommunication, video 38
conference or other similar electronic means. 39
C. The Commission shall have the following powers: 40
1. Establish the fiscal year of the Commission; 41
2. Establish code of conduct and conflict of interest 42
policies; 43
3. Establish and amend Rules and bylaws; 44
– 17 –
- *SB68*
4. Maintain its financial records in accordance with the 1
bylaws; 2
5. Meet and take such actions as are consistent with the 3
provisions of this Compact, the Commission’s Rules and the 4
bylaws; 5
6. Initiate and conclude legal proceedings or actions in the 6
name of the Commission, provided that the standing of any State 7
Licensing Board to sue or be sued under applicable law shall not 8
be affected; 9
7. Maintain and certify records and information provided to 10
a Member State as the authenticated business records of the 11
Commission, and designate an agent to do so on the Commission’s 12
behalf; 13
8. Purchase and maintain insurance and bonds; 14
9. Borrow, accept or contract for services of personnel, 15
including, but not limited to, employees of a Member State; 16
10. Conduct an annual financial review; 17
11. Hire employees, elect or appoint officers, fix 18
compensation, define duties, grant such individuals appropriate 19
authority to carry out the purposes of the Compact, and establish 20
the Commission’s personnel policies and programs relating to 21
conflicts of interest, qualifications of personnel and other related 22
personnel matters; 23
12. Assess and collect fees; 24
13. Accept any and all appropriate gifts, donations, grants 25
of money, other sources of revenue, equipment, supplies, materials 26
and services, and receive, utilize and dispose of the same; provided 27
that at all times the Commission shall avoid any appearance of 28
impropriety or conflict of interest; 29
14. Lease, purchase, retain, own, hold, improve or use any 30
property, real, personal or mixed, or any undivided interest 31
therein; 32
15. Sell, convey, mortgage, pledge, lease, exchange, 33
abandon, or otherwise dispose of any property, real, personal, or 34
mixed; 35
16. Establish a budget and make expenditures; 36
17. Borrow money; 37
18. Appoint committees, including standing committees, 38
composed of members, State regulators, State legislators or their 39
representatives, and consumer representatives, and such other 40
interested persons as may be designated in this Compact and the 41
bylaws; 42
19. Provide and receive information from, and cooperate 43
with, law enforcement agencies; 44
– 18 –
- *SB68*
20. Establish and elect an Executive Committee, including 1
a chair and a vice chair; 2
21. Determine whether a State’s adopted language is 3
materially different from the model compact language such that 4
the State would not qualify for participation in the Compact; and 5
22. Perform such other functions as may be necessary or 6
appropriate to achieve the purposes of this Compact. 7
D. The Executive Committee: 8
1. The Executive Committee shall have the power to act on 9
behalf of the Commission according to the terms of this Compact. 10
The powers, duties and responsibilities of the Executive 11
Committee shall include: 12
a. Oversee the day-to-day activities of the administration 13
of the Compact, including enforcement and compliance with the 14
provisions of the Compact, its Rules and bylaws, and such other 15
duties as deemed necessary; 16
b. Recommend to the Commission changes to the Rules 17
or bylaws, changes to this Compact legislation, fees charged to 18
Compact Member States, fees charged to Licensees and other fees; 19
c. Ensure Compact administration services are 20
appropriately provided, including by contract; 21
d. Prepare and recommend the budget; 22
e. Maintain financial records on behalf of the 23
Commission; 24
f. Monitor Compact compliance of Member States and 25
provide compliance reports to the Commission; 26
g. Establish additional committees as necessary; 27
h. Exercise the powers and duties of the Commission 28
during the interim between Commission meetings, except for 29
adopting or amending Rules, adopting or amending bylaws and 30
exercising any other powers and duties expressly reserved to the 31
Commission by Rule or bylaw; and 32
i. Other duties as provided in the Rules or bylaws of the 33
Commission. 34
2. The Executive Committee shall be composed of up to 35
eleven (11) members: 36
a. The chair and vice chair of the Commission shall be 37
voting members of the Executive Committee. 38
b. The Commission shall elect five (5) voting members 39
from the current membership of the Commission. 40
c. Up to four (4) ex-officio, nonvoting members from 41
four (4) recognized national Social Work organizations. 42
d. The ex-officio members will be selected by their 43
respective organizations. 44
– 19 –
- *SB68*
3. The Commission may remove any member of the 1
Executive Committee as provided in the Commission’s bylaws. 2
4. The Executive Committee shall meet at least annually. 3
a. Executive Committee meetings shall be open to the 4
public, except that the Executive Committee may meet in a closed, 5
non-public meeting as provided in subsection F.2 below. 6
b. The Executive Committee shall give seven (7) days’ 7
notice of its meetings, posted on its website and as determined to 8
provide notice to persons with an interest in the business of the 9
Commission. 10
c. The Executive Committee may hold a special meeting 11
in accordance with subsection F.1.b. below. 12
E. The Commission shall adopt and provide to the Member 13
States an annual report. 14
F. Meetings of the Commission: 15
1. All meetings shall be open to the public, except that the 16
Commission may meet in a closed non-public meeting as provided 17
in subsection F.2 below. 18
a. Public notice for all meetings of the full Commission 19
shall be given in the same manner as required under the 20
Rulemaking provisions in Section 12, except that the Commission 21
may hold a special meeting as provided in subsection F.1.b below. 22
b. The Commission may hold a special meeting when it 23
must meet to conduct emergency business by giving 48 hours’ 24
notice to all commissioners, on the Commission’s website, and 25
other means as provided in the Commission’s Rules. The 26
Commission’s legal counsel shall certify that the Commission’s 27
need to meet qualifies as an emergency. 28
2. The Commission or the Executive Committee or other 29
committees of the Commission may convene in a closed, non-30
public meeting for the Commission or Executive Committee or 31
other committees of the Commission to receive legal advice or to 32
discuss: 33
a. Non-compliance of a Member State with its 34
obligations under the Compact; 35
b. The employment, compensation, discipline or other 36
matters, practices or procedures related to specific employees; 37
c. Current or threatened discipline of a Licensee by the 38
Commission or by a Member State’s Licensing Authority; 39
d. Current, threatened or reasonably anticipated 40
litigation; 41
e. Negotiation of contracts for the purchase, lease or 42
sale of goods, services, or real estate; 43
f. Accusing any person of a crime or formally censuring 44
any person; 45
– 20 –
- *SB68*
g. Trade secrets or commercial or financial information 1
that is privileged or confidential; 2
h. Information of a personal nature where disclosure 3
would constitute a clearly unwarranted invasion of personal 4
privacy; 5
i. Investigative records compiled for law enforcement 6
purposes; 7
j. Information related to any investigative reports 8
prepared by or on behalf of or for use of the Commission or other 9
committee charged with responsibility of investigation or 10
determination of compliance issues pursuant to the Compact; 11
k. Matters specifically exempted from disclosure by 12
federal or Member State law; or 13
l. Other matters as promulgated by the Commission by 14
Rule. 15
3. If a meeting, or portion of a meeting, is closed, the 16
presiding officer shall state that the meeting will be closed and 17
reference each relevant exempting provision, and such reference 18
shall be recorded in the minutes. 19
4. The Commission shall keep minutes that fully and 20
clearly describe all matters discussed in a meeting and shall 21
provide a full and accurate summary of actions taken, and the 22
reasons therefor, including a description of the views expressed. 23
All documents considered in connection with an action shall be 24
identified in such minutes. All minutes and documents of a closed 25
meeting shall remain under seal, subject to release only by a 26
majority vote of the Commission or order of a court of competent 27
jurisdiction. 28
G. Financing of the Commission: 29
1. The Commission shall pay or provide for the payment of 30
the reasonable expenses of its establishment, organization and 31
ongoing activities. 32
2. The Commission may accept any and all appropriate 33
revenue sources as provided in subsection C(13). 34
3. The Commission may levy on and collect an annual 35
assessment from each Member State and impose fees on Licensees 36
of Member States to whom it grants a Multistate License to cover 37
the cost of the operations and activities of the Commission and its 38
staff, which must be in a total amount sufficient to cover its 39
annual budget as approved each year for which revenue is not 40
provided by other sources. The aggregate annual assessment 41
amount for Member States shall be allocated based upon a 42
formula that the Commission shall promulgate by Rule. 43
4. The Commission shall not incur obligations of any kind 44
prior to securing the funds adequate to meet the same; nor shall 45
– 21 –
- *SB68*
the Commission pledge the credit of any of the Member States, 1
except by and with the authority of the Member State. 2
5. The Commission shall keep accurate accounts of all 3
receipts and disbursements. The receipts and disbursements of the 4
Commission shall be subject to the financial review and 5
accounting procedures established under its bylaws. However, all 6
receipts and disbursements of funds handled by the Commission 7
shall be subject to an annual financial review by a certified or 8
licensed public accountant, and the report of the financial review 9
shall be included in and become part of the annual report of the 10
Commission. 11
H. Qualified Immunity, Defense, and Indemnification: 12
1. The members, officers, executive director, employees and 13
representatives of the Commission shall be immune from suit and 14
liability, both personally and in their official capacity, for any 15
claim for damage to or loss of property or personal injury or other 16
civil liability caused by or arising out of any actual or alleged act, 17
error, or omission that occurred, or that the person against whom 18
the claim is made had a reasonable basis for believing occurred 19
within the scope of Commission employment, duties or 20
responsibilities; provided that nothing in this paragraph shall be 21
construed to protect any such person from suit or liability for any 22
damage, loss, injury, or liability caused by the intentional or 23
willful or wanton misconduct of that person. The procurement of 24
insurance of any type by the Commission shall not in any way 25
compromise or limit the immunity granted hereunder. 26
2. The Commission shall defend any member, officer, 27
executive director, employee, and representative of the 28
Commission in any civil action seeking to impose liability arising 29
out of any actual or alleged act, error, or omission that occurred 30
within the scope of Commission employment, duties, or 31
responsibilities, or as determined by the Commission that the 32
person against whom the claim is made had a reasonable basis for 33
believing occurred within the scope of Commission employment, 34
duties, or responsibilities; provided that nothing herein shall be 35
construed to prohibit that person from retaining their own counsel 36
at their own expense; and provided further, that the actual or 37
alleged act, error, or omission did not result from that person’s 38
intentional or willful or wanton misconduct. 39
3. The Commission shall indemnify and hold harmless any 40
member, officer, executive director, employee, and representative 41
of the Commission for the amount of any settlement or judgment 42
obtained against that person arising out of any actual or alleged 43
act, error, or omission that occurred within the scope of 44
Commission employment, duties, or responsibilities, or that such 45
– 22 –
- *SB68*
person had a reasonable basis for believing occurred within the 1
scope of Commission employment, duties, or responsibilities, 2
provided that the actual or alleged act, error or omission did not 3
result from the intentional or willful or wanton misconduct of that 4
person. 5
4. Nothing herein shall be construed as a limitation on the 6
liability of any Licensee for professional malpractice or 7
misconduct, which shall be governed solely by any other 8
applicable State laws. 9
5. Nothing in this Compact shall be interpreted to waive or 10
otherwise abrogate a Member State’s state action immunity or 11
state action affirmative defense with respect to antitrust claims 12
under the Sherman Act, Clayton Act, or any other State or federal 13
antitrust or anticompetitive law or regulation. 14
6. Nothing in this Compact shall be construed to be a 15
waiver of sovereign immunity by the Member States or by the 16
Commission. 17
18
SECTION 11: DATA SYSTEM 19
20
A. The Commission shall provide for the development, 21
maintenance, operation, and utilization of a coordinated Data 22
System. 23
B. The Commission shall assign each applicant for a 24
Multistate License a unique identifier, as determined by the Rules 25
of the Commission. 26
C. Notwithstanding any other provision of State law to the 27
contrary, a Member State shall submit a uniform data set to the 28
Data System on all individuals to whom this Compact is applicable 29
as required by the Rules of the Commission, including: 30
1. Identifying information; 31
2. Licensure data; 32
3. Adverse Actions against a Licensee and information 33
related thereto; 34
4. Non-confidential information related to Alternative 35
Program participation, the beginning and ending dates of such 36
participation, and other information related to such participation 37
not made confidential under Member State law; 38
5. Any denial of application for licensure and the reason(s) 39
for such denial; 40
6. The presence of Current Significant Investigative 41
Information; and 42
7. Other information that may facilitate the administration 43
of this Compact or the protection of the public, as determined by 44
the Rules of the Commission. 45
– 23 –
- *SB68*
D. The records and information provided to a Member State 1
pursuant to this Compact or through the Data System, when 2
certified by the Commission or an agent thereof, shall constitute 3
the authenticated business records of the Commission, and shall 4
be entitled to any associated hearsay exception in any relevant 5
judicial, quasi-judicial or administrative proceedings in a Member 6
State. 7
E. Current Significant Investigative Information pertaining 8
to a Licensee in any Member State will only be available to other 9
Member States. It is the responsibility of the Member States to 10
report any Adverse Action against a Licensee and to monitor the 11
database to determine whether Adverse Action has been taken 12
against a Licensee. Adverse Action information pertaining to a 13
Licensee in any Member State will be available to any other 14
Member State. 15
F. Member States contributing information to the Data 16
System may designate information that may not be shared with the 17
public without the express permission of the contributing State. 18
G. Any information submitted to the Data System that is 19
subsequently expunged pursuant to federal law or the laws of the 20
Member State contributing the information shall be removed from 21
the Data System. 22
23
SECTION 12: RULEMAKING 24
25
A. The Commission shall promulgate reasonable Rules in 26
order to effectively and efficiently implement and administer the 27
purposes and provisions of the Compact. A Rule shall be invalid 28
and have no force or effect only if a court of competent 29
jurisdiction holds that the Rule is invalid because the Commission 30
exercised its rulemaking authority in a manner that is beyond the 31
scope and purposes of the Compact or the powers granted 32
hereunder, or based upon another applicable standard of review. 33
B. The Rules of the Commission shall have the force of law 34
in each Member State, provided, however, that where the Rules of 35
the Commission conflict with the laws of the Member State that 36
establish the Member State’s laws, regulations, and applicable 37
standards that govern the practice of Social Work as held by a 38
court of competent jurisdiction, the Rules of the Commission shall 39
be ineffective in that State to the extent of the conflict. 40
C. The Commission shall exercise its Rulemaking powers 41
pursuant to the criteria set forth in this Section and the Rules 42
adopted thereunder. Rules shall become binding on the day 43
following adoption or the date specified in the rule or amendment, 44
whichever is later. 45
– 24 –
- *SB68*
D. If a majority of the legislatures of the Member States 1
rejects a Rule or portion of a Rule, by enactment of a statute or 2
resolution in the same manner used to adopt the Compact within 3
four (4) years of the date of adoption of the Rule, then such Rule 4
shall have no further force and effect in any Member State. 5
E. Rules shall be adopted at a regular or special meeting of 6
the Commission. 7
F. Prior to adoption of a proposed Rule, the Commission 8
shall hold a public hearing and allow persons to provide oral and 9
written comments, data, facts, opinions, and arguments. 10
G. Prior to adoption of a proposed Rule by the Commission, 11
and at least thirty (30) days in advance of the meeting at which the 12
Commission will hold a public hearing on the proposed Rule, the 13
Commission shall provide a Notice of Proposed Rulemaking: 14
1. On the website of the Commission or other publicly 15
accessible platform; 16
2. To persons who have requested notice of the 17
Commission’s notices of proposed rulemaking; and 18
3. In such other way(s) as the Commission may by Rule 19
specify. 20
H. The Notice of Proposed Rulemaking shall include: 21
1. The time, date and location of the public hearing at 22
which the Commission will hear public comments on the proposed 23
Rule and, if different, the time, date and location of the meeting 24
where the Commission will consider and vote on the proposed 25
Rule; 26
2. If the hearing is held via telecommunication, video 27
conference, or other electronic means, the Commission shall 28
include the mechanism for access to the hearing in the Notice of 29
Proposed Rulemaking; 30
3. The text of the proposed Rule and the reason therefor; 31
4. A request for comments on the proposed Rule from any 32
interested person; and 33
5. The manner in which interested persons may submit 34
written comments. 35
I. All hearings will be recorded. A copy of the recording and 36
all written comments and documents received by the Commission 37
in response to the proposed Rule shall be available to the public. 38
J. Nothing in this section shall be construed as requiring a 39
separate hearing on each Rule. Rules may be grouped for the 40
convenience of the Commission at hearings required by this 41
section. 42
K. The Commission shall, by majority vote of all members, 43
take final action on the proposed Rule based on the Rulemaking 44
record and the full text of the Rule. 45
– 25 –
- *SB68*
1. The Commission may adopt changes to the proposed 1
Rule, provided the changes do not enlarge the original purpose of 2
the proposed Rule. 3
2. The Commission shall provide an explanation of the 4
reasons for substantive changes made to the proposed Rule as well 5
as reasons for substantive changes not made that were 6
recommended by commenters. 7
3. The Commission shall determine a reasonable effective 8
date for the Rule. Except for an emergency as provided in Section 9
12.L, the effective date of the Rule shall be no sooner than 30 days 10
after issuing the notice that it adopted or amended the Rule. 11
L. Upon determination that an emergency exists, the 12
Commission may consider and adopt an emergency Rule with 48 13
hours’ notice, with opportunity to comment, provided that the 14
usual Rulemaking procedures provided in the Compact and in this 15
section shall be retroactively applied to the Rule as soon as 16
reasonably possible, in no event later than ninety (90) days after 17
the effective date of the Rule. For the purposes of this provision, 18
an emergency Rule is one that must be adopted immediately in 19
order to: 20
1. Meet an imminent threat to public health, safety, or 21
welfare; 22
2. Prevent a loss of Commission or Member State funds; 23
3. Meet a deadline for the promulgation of a Rule that is 24
established by federal law or rule; or 25
4. Protect public health and safety. 26
M. The Commission or an authorized committee of the 27
Commission may direct revisions to a previously adopted Rule for 28
purposes of correcting typographical errors, errors in format, 29
errors in consistency, or grammatical errors. Public notice of any 30
revisions shall be posted on the website of the Commission. The 31
revision shall be subject to challenge by any person for a period of 32
thirty (30) days after posting. The revision may be challenged only 33
on grounds that the revision results in a material change to a 34
Rule. A challenge shall be made in writing and delivered to the 35
Commission prior to the end of the notice period. If no challenge 36
is made, the revision will take effect without further action. If the 37
revision is challenged, the revision may not take effect without the 38
approval of the Commission. 39
N. No Member State’s rulemaking requirements shall apply 40
under this Compact. 41
– 26 –
- *SB68*
SECTION 13: OVERSIGHT, DISPUTE 1
RESOLUTION AND ENFORCEMENT 2
3
A. Oversight: 4
1. The executive and judicial branches of State government 5
in each Member State shall enforce this Compact and take all 6
actions necessary and appropriate to implement the Compact. 7
2. Except as otherwise provided in this Compact, venue is 8
proper and judicial proceedings by or against the Commission 9
shall be brought solely and exclusively in a court of competent 10
jurisdiction where the principal office of the Commission is 11
located. The Commission may waive venue and jurisdictional 12
defenses to the extent it adopts or consents to participate in 13
alternative dispute resolution proceedings. Nothing herein shall 14
affect or limit the selection or propriety of venue in any action 15
against a Licensee for professional malpractice, misconduct or 16
any such similar matter. 17
3. The Commission shall be entitled to receive service of 18
process in any proceeding regarding the enforcement or 19
interpretation of the Compact and shall have standing to intervene 20
in such a proceeding for all purposes. Failure to provide the 21
Commission service of process shall render a judgment or order 22
void as to the Commission, this Compact, or promulgated Rules. 23
B. Default, Technical Assistance and Termination: 24
1. If the Commission determines that a Member State has 25
defaulted in the performance of its obligations or responsibilities 26
under this Compact or the promulgated Rules, the Commission 27
shall provide written notice to the defaulting State. The notice of 28
default shall describe the default, the proposed means of curing 29
the default, and any other action that the Commission may take, 30
and shall offer training and specific technical assistance 31
regarding the default. 32
2. The Commission shall provide a copy of the notice of 33
default to the other Member States. 34
C. If a State in default fails to cure the default, the defaulting 35
State may be terminated from the Compact upon an affirmative 36
vote of a majority of the delegates of the Member States, and all 37
rights, privileges and benefits conferred on that State by this 38
Compact may be terminated on the effective date of termination. A 39
cure of the default does not relieve the offending State of 40
obligations or liabilities incurred during the period of default. 41
D. Termination of membership in the Compact shall be 42
imposed only after all other means of securing compliance have 43
been exhausted. Notice of intent to suspend or terminate shall be 44
given by the Commission to the governor, the majority and 45
– 27 –
- *SB68*
minority leaders of the defaulting State’s legislature, the 1
defaulting State’s State Licensing Authority and each of the 2
Member State’s State Licensing Authority. 3
E. A State that has been terminated is responsible for all 4
assessments, obligations, and liabilities incurred through the 5
effective date of termination, including obligations that extend 6
beyond the effective date of termination. 7
F. Upon the termination of a State’s membership from this 8
Compact, that State shall immediately provide notice to all 9
Licensees within that State of such termination. The terminated 10
State shall continue to recognize all licenses granted pursuant to 11
this Compact for a minimum of six (6) months after the date of 12
said notice of termination. 13
G. The Commission shall not bear any costs related to a State 14
that is found to be in default or that has been terminated from the 15
Compact, unless agreed upon in writing between the Commission 16
and the defaulting State. 17
H. The defaulting State may appeal the action of the 18
Commission by petitioning the U.S. District Court for the District 19
of Columbia or the federal district where the Commission has its 20
principal offices. The prevailing party shall be awarded all costs of 21
such litigation, including reasonable attorney’s fees. 22
I. Dispute Resolution: 23
1. Upon request by a Member State, the Commission shall 24
attempt to resolve disputes related to the Compact that arise 25
among Member States and between Member and non-Member 26
States. 27
2. The Commission shall promulgate a Rule providing for 28
both mediation and binding dispute resolution for disputes, as 29
appropriate. 30
J. Enforcement: 31
1. By majority vote as provided by Rule, the Commission 32
may initiate legal action against a Member State in default in the 33
United States District Court for the District of Columbia or the 34
federal district where the Commission has its principal offices to 35
enforce compliance with the provisions of the Compact and its 36
promulgated Rules. The relief sought may include both injunctive 37
relief and damages. In the event judicial enforcement is necessary, 38
the prevailing party shall be awarded all costs of such litigation, 39
including reasonable attorney’s fees. The remedies herein shall 40
not be the exclusive remedies of the Commission. The Commission 41
may pursue any other remedies available under federal or the 42
defaulting Member State’s law. 43
2. A Member State may initiate legal action against the 44
Commission in the U.S. District Court for the District of Columbia 45
– 28 –
- *SB68*
or the federal district where the Commission has its principal 1
offices to enforce compliance with the provisions of the Compact 2
and its promulgated Rules. The relief sought may include both 3
injunctive relief and damages. In the event judicial enforcement is 4
necessary, the prevailing party shall be awarded all costs of such 5
litigation, including reasonable attorney’s fees. 6
3. No person other than a Member State shall enforce this 7
Compact against the Commission. 8
9
SECTION 14: EFFECTIVE DATE, 10
WITHDRAWAL, AND AMENDMENT 11
12
A. The Compact shall come into effect on the date on which 13
the Compact statute is enacted into law in the seventh Member 14
State. 15
1. On or after the effective date of the Compact, the 16
Commission shall convene and review the enactment of each of 17
the first seven Member States (“Charter Member States”) to 18
determine if the statute enacted by each such Charter Member 19
State is materially different than the model Compact statute. 20
a. A Charter Member State whose enactment is found to 21
be materially different from the model Compact statute shall be 22
entitled to the default process set forth in Section 13. 23
b. If any Member State is later found to be in default, or 24
is terminated or withdraws from the Compact, the Commission 25
shall remain in existence and the Compact shall remain in effect 26
even if the number of Member States should be less than seven. 27
2. Member States enacting the Compact subsequent to the 28
seven initial Charter Member States shall be subject to the process 29
set forth in Section 10(C)(21) to determine if their enactments are 30
materially different from the model Compact statute and whether 31
they qualify for participation in the Compact. 32
3. All actions taken for the benefit of the Commission or in 33
furtherance of the purposes of the administration of the Compact 34
prior to the effective date of the Compact or the Commission 35
coming into existence shall be considered to be actions of the 36
Commission unless specifically repudiated by the Commission. 37
4. Any State that joins the Compact subsequent to the 38
Commission’s initial adoption of the Rules and bylaws shall be 39
subject to the Rules and bylaws as they exist on the date on which 40
the Compact becomes law in that State. Any Rule that has been 41
previously adopted by the Commission shall have the full force 42
and effect of law on the day the Compact becomes law in that 43
State. 44
– 29 –
- *SB68*
B. Any Member State may withdraw from this Compact by 1
enacting a statute repealing the same. 2
1. A Member State’s withdrawal shall not take effect until 3
180 days after enactment of the repealing statute. 4
2. Withdrawal shall not affect the continuing requirement 5
of the withdrawing State’s Licensing Authority to comply with the 6
investigative and Adverse Action reporting requirements of this 7
Compact prior to the effective date of withdrawal. 8
3. Upon the enactment of a statute withdrawing from this 9
Compact, a State shall immediately provide notice of such 10
withdrawal to all Licensees within that State. Notwithstanding any 11
subsequent statutory enactment to the contrary, such withdrawing 12
State shall continue to recognize all licenses granted pursuant to 13
this Compact for a minimum of 180 days after the date of such 14
notice of withdrawal. 15
C. Nothing contained in this Compact shall be construed to 16
invalidate or prevent any licensure agreement or other cooperative 17
arrangement between a Member State and a non-Member State 18
that does not conflict with the provisions of this Compact. 19
D. This Compact may be amended by the Member States. No 20
amendment to this Compact shall become effective and binding 21
upon any Member State until it is enacted into the laws of all 22
Member States. 23
24
SECTION 15: CONSTRUCTION AND SEVERABILITY 25
26
A. This Compact and the Commission’s rulemaking authority 27
shall be liberally construed so as to effectuate the purposes, 28
implementation and administration of the Compact. Provisions of 29
the Compact expressly authorizing or requiring the promulgation 30
of Rules shall not be construed to limit the Commission’s 31
rulemaking authority solely for those purposes. 32
B. The provisions of this Compact shall be severable, and if 33
any phrase, clause, sentence or provision of this Compact is held 34
by a court of competent jurisdiction to be contrary to the 35
constitution of any Member State, a State seeking participation in 36
the Compact, or of the United States, or the applicability thereof to 37
any government, agency, person or circumstance is held to be 38
unconstitutional by a court of competent jurisdiction, the validity 39
of the remainder of this Compact and the applicability thereof to 40
any other government, agency, person or circumstance shall not 41
be affected thereby. 42
C. Notwithstanding subsection B of this section, the 43
Commission may deny a State’s participation in the Compact or, 44
in accordance with the requirements of Section 13.B, terminate a 45
– 30 –
- *SB68*
Member State’s participation in the Compact if it determines that 1
a constitutional requirement of a Member State is a material 2
departure from the Compact. Otherwise, if this Compact shall be 3
held to be contrary to the constitution of any Member State, the 4
Compact shall remain in full force and effect as to the remaining 5
Member States and in full force and effect as to the Member State 6
affected as to all severable matters. 7
8
SECTION 16: CONSISTENT EFFECT AND 9
CONFLICT WITH OTHER STATE LAWS 10
11
A. A Licensee providing services in a Remote State under a 12
Multistate Authorization to Practice shall adhere to the laws and 13
regulations, including laws, regulations, and applicable standards, 14
of the Remote State where the client is located at the time care is 15
rendered. 16
B. Nothing herein shall prevent or inhibit the enforcement of 17
any other law of a Member State that is not inconsistent with the 18
Compact. 19
C. Any laws, statutes, regulations, or other legal requirements 20
in a Member State in conflict with the Compact are superseded to 21
the extent of the conflict. 22
D. All permissible agreements between the Commission and 23
the Member States are binding in accordance with their terms. 24
Sec. 4. NRS 641B.165 is hereby amended to read as follows: 25
641B.165 1. On or before February 1 of each year, the Board 26
shall submit to the Joint Interim Standing Committee on Health and 27
Human Services and to the Chair of each regional behavioral health 28
policy board created by NRS 433.429 a report which must include: 29
(a) The number of complaints received, investigations 30
completed, cases dismissed, cases settled and cases for which 31
hearings were held within the immediately preceding calendar year; 32
(b) The number of applications for the issuance or renewal of a 33
license received by the Board during the immediately preceding 34
calendar year and the number of those applications for which the 35
Board conducted additional review beyond the standard review 36
regularly conducted by the Board; [and] 37
(c) The number of applications for the issuance of a license by 38
endorsement received by the Board pursuant to NRS 641B.272 39
during the immediately preceding calendar year, the number of 40
those applications that were denied and the reasons for denial [.] ; 41
and 42
(d) A narrative description of: 43
(1) The processes which the Board uses to collect the data 44
for the information reported in paragraphs (a), (b) and (c); 45
– 31 –
- *SB68*
(2) The reasons for the denials of applications for the 1
issuance or renewal of licenses during the immediately preceding 2
calendar year; 3
(3) The known reasons for any increase or decrease in the 4
number of applications for the issuance or renewal of a license, 5
categorized by type of license, during the immediately preceding 6
calendar year; and 7
(4) If known, the location in this State in which each 8
applicant for licensure during the immediately preceding calendar 9
year intends to practice. 10
2. The report submitted pursuant to this section to the Chair of 11
each regional behavioral policy board created by NRS 433.429 may 12
be submitted in a written format. 13
Sec. 5. NRS 641C.230 is hereby amended to read as follows: 14
641C.230 1. On or before February 1 of each year, the Board 15
shall submit to the Joint Interim Standing Committee on Health and 16
Human Services and to the Chair of each regional behavioral health 17
policy board created by NRS 433.429 a report which must include: 18
(a) The number of complaints received, investigations 19
completed, cases dismissed, cases settled and cases for which 20
hearings were held within the immediately preceding calendar year; 21
(b) The number of applications for the issuance or renewal of a 22
license or certificate received by the Board during the immediately 23
preceding calendar year and the number of those applications for 24
which the Board conducted additional review beyond the standard 25
review regularly conducted by the Board; [and] 26
(c) The number of applications for the issuance of a license or 27
certificate by endorsement received by the Board pursuant to NRS 28
641C.3306, 641C.356, 641C.396 and 641C.433 during the 29
immediately preceding calendar year, the number of those 30
applications that were denied and the reasons for denial [.] ; and 31
(d) A narrative description of: 32
(1) The processes which the Board uses to collect the data 33
for the information reported in paragraphs (a), (b) and (c); 34
(2) The reasons for the denials of applications for the 35
issuance or renewal of licenses and certificates during the 36
immediately preceding calendar year; 37
(3) The known reasons for any increase or decrease in the 38
number of applications for the issuance or renewal of a license or 39
certificate, categorized by type of license or certificate, during the 40
immediately preceding calendar year; and 41
(4) If known, the location in this State in which each 42
applicant for licensure or certification during the immediately 43
preceding calendar year intends to practice. 44
– 32 –
- *SB68*
2. The report submitted pursuant to this section to the Chair of 1
each regional behavioral health policy board created by NRS 2
433.429 may be submitted in a written format. 3
Sec. 6. The amendatory provisions of sections 1, 2, 4 and 5 of 4
this act do not apply to the report required to be submitted pursuant 5
to NRS 641.145, 641A.183, 641B.165 or 641C.230, as applicable, 6
on or before February 1, 2026. Thereafter, each subsequent report 7
required by NRS 641.145, 641A.183, 641B.165 or 641C.230 must 8
comply with the amendatory provisions of sections 1, 2, 4 and 5 of 9
this act, as applicable. 10
Sec. 7. The provisions of subsection 1 of NRS 218D.380 do 11
not apply to any provision of this act which adds or revises a 12
requirement to submit a report to the Legislature. 13
Sec. 8. This act becomes effective on July 1, 2025. 14
H