PRINTER'S NO. 590
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.583
Session of
2025
INTRODUCED BY PENNYCUICK, FONTANA, SAVAL, ARGALL, VOGEL,
PISCIOTTANO, COLEMAN, KIM, ROTHMAN, SCHWANK, COMITTA AND
MILLER, APRIL 9, 2025
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 9, 2025
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the Social
Work Licensure Compact; and providing for the form of the
compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Social Work
Licensure Compact Act.
Section 2. Authority to execute compact.
The Governor, on behalf of the Commonwealth, is hereby
authorized to execute a compact in substantially the following
form with any one or more of the states of the United States,
and the General Assembly hereby signifies in advance its
approval and ratification of the compact:
SOCIAL WORK LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate
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17 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 achieve the following objectives:
A. Increase public access to Social Work Services;
B. Reduce overly burdensome and duplicative 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 the 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 2. DEFINITIONS
As used in this Compact, and except as otherwise provided,
the following definitions shall apply:
A. "Active Military Member" means any individual with full-
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30 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, civil,
equitable or criminal action permitted by a State's laws which
is imposed by a Licensing Authority or other authority against a
Regulated Social Worker, including actions against an
individual's license or Multistate Authorization to Practice
such as revocation, suspension, probation, monitoring of the
Licensee, limitation on the Licensee's practice, or any other
Encumbrance on licensure affecting a Regulated Social Worker's
authorization to practice, including issuance of a cease and
desist action.
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" - Member States who have enacted
legislation to adopt this Compact where such legislation
predates the effective date of this Compact as described in
Section 14.
E. "Compact Commission" or "Commission" means the government
agency whose membership consists of all States that have enacted
this Compact, which is known as the Social Work Licensure
Compact Commission, as described in Section 10, and which shall
operate as an instrumentality of the Member States.
F. "Current Significant Investigative Information" means:
1. Investigative information that a Licensing 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
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30 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.
G. "Data System" means a repository of information about
Licensees, including, continuing education, examination,
licensure, Current Significant Investigative Information,
Disqualifying Event, Multistate License(s) and Adverse Action
information or other information as required by the Commission.
H. "Disqualifying Event" means any Adverse Action or
incident which results in an Encumbrance that disqualifies or
makes the Licensee ineligible to either obtain, retain or renew
a Multistate License.
I. "Domicile" means the jurisdiction in which the Licensee
resides and intends to remain indefinitely.
J. "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.
K. "Executive Committee" means a group of delegates elected
or appointed to act on behalf of, and within the powers granted
to them by, the compact and Commission.
L. "Home State" means the Member State that is the
Licensee's primary Domicile.
M. "Impairment" means a condition(s) 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.
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30 N. "Licensee(s)" means an individual who currently holds a
license from a State to practice as a Regulated Social Worker.
O. "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.
P. "Member State" means a state, commonwealth, district, or
territory of the United States of America that has enacted this
Compact.
Q. "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.
R. "Multistate License" means a license to practice as a
Regulated Social Worker issued by a Home State Licensing
Authority that authorizes the Regulated Social Worker to
practice in all Member States under Multistate Authorization to
Practice.
S. "Qualifying National Exam" means a national licensing
examination approved by the Commission.
T. "Regulated Social Worker" means any clinical, master's or
bachelor's Social Worker licensed by a Member State regardless
of the title used by that Member State.
U. "Remote State" means a Member State other than the
Licensee's Home State.
V. "Rule(s)" or "Rule(s) of the Commission" means a
regulation or regulations duly promulgated by the Commission, as
authorized by the Compact, that has the force of law.
W. "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
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30 in any Member State.
X. "Social Work" or "Social Work Services" means the
application of social work theory, knowledge, methods, ethics,
and the professional use of self to restore or enhance social,
psychosocial, or biopsychosocial functioning of individuals,
couples, families, groups, organizations, and 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.
Y. "State" means any state, commonwealth, district, or
territory of the United States of America that regulates the
practice of Social Work.
Z. "Unencumbered License" means a license that authorizes a
Regulated Social Worker to engage in the full and unrestricted
practice of Social Work.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To be eligible to participate in the compact, a potential
Member State must currently meet all of the following criteria:
1. License and regulate the practice of Social Work at
either the clinical, master's, or bachelor's category.
2. Require applicants for licensure to graduate from a
program that is:
a. Operated by a college or university recognized by
the Licensing Authority;
b. Accredited, or in candidacy by an institution
that subsequently becomes accredited, by an accrediting
agency recognized by either:
i. the Council for Higher Education
Accreditation, or its successor; or
ii. the United States Department of Education;
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30 and
c. Corresponds to the licensure sought as outlined
in Section 4.
3. Require applicants for clinical licensure to complete
a period of supervised practice.
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 as outlined in Section 4.
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. Such
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 qualifications for
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30 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
the Compact and Rules of the Commission.
8. Designate a delegate to participate in the Commission
meetings.
C. A Member State meeting the requirements of Section 3.A.
and 3.B of this Compact shall designate the categories of Social
Work licensure that are eligible for issuance of a Multistate
License for applicants in such Member State. To the extent that
any Member State does not meet the requirements for
participation in the Compact at any particular category of
Social Work licensure, such Member State may choose, but is not
obligated to, issue a Multistate License to applicants that
otherwise meet the requirements of Section 4 for issuance of a
Multistate License in such category or categories of licensure.
D. The Home State may charge a fee for granting the
Multistate License.
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT
A. To be eligible for a Multistate License under the terms
and provisions of the Compact, an applicant, regardless of
category must:
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
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30 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 30 days from
the date the action is taken.
5. Meet any continuing competence requirements
established by the Home State.
6. Abide by the laws, regulations, and applicable
standards in the Member State where the client is located at
the time care is rendered.
B. An applicant for a clinical-category Multistate License
must meet all of the following requirements:
1. Fulfill a competency requirement, which shall be
satisfied by either:
a. Passage of a clinical-category Qualifying
National Exam; or
b. Licensure of the applicant in their Home State at
the clinical category, beginning prior to such time as a
Qualifying National Exam was required by the Home State
and 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 foregoing
competency requirements 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
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30 b. Accredited, or in candidacy that subsequently
becomes accredited, by an accrediting agency recognized
by either:
i. the Council for Higher Education
Accreditation or its successor; or
ii. the United States Department of Education.
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; or
b. A minimum of two years of full-time postgraduate
supervised clinical practice; or
c. The substantial equivalency of the foregoing
practice requirements which the Commission may determine
by Rule.
C. An applicant for a master's-category Multistate License
must meet all of the following requirements:
1. Fulfill a competency requirement, which shall be
satisfied by either:
a. Passage of a masters-category Qualifying National
Exam;
b. Licensure of the applicant in their Home State at
the master's category, beginning prior to such time as a
Qualifying National Exam was required by the Home State
at the master's category and accompanied by a continuous
period of Social Work licensure thereafter, all of which
may be further governed by the Rules of the Commission;
or
c. The substantial equivalency of the foregoing
competency requirements which the Commission may
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30 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:
i. the Council for Higher Education
Accreditation or its successor; or
ii. the United States Department of Education.
D. An applicant for a bachelor's-category Multistate License
must meet all of the following requirements:
1. Fulfill a competency requirement, which shall be
satisfied by either:
a. Passage of a bachelor's-category Qualifying
National Exam;
b. Licensure of the applicant in their Home State at
the bachelor's category, beginning prior to such time as
a Qualifying National Exam was required by the Home State
and 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 foregoing
competency requirements which the Commission may
determine by Rule.
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
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30 b. Accredited, or in candidacy that subsequently
becomes accredited, by an accrediting agency recognized
by either:
i. the Council for Higher Education
Accreditation or its successor; or
ii. the United States Department of Education.
E. The Multistate License for a Regulated Social Worker is
subject to the renewal requirements of the Home State. The
Regulated Social Worker must maintain compliance with the
requirements of Section 4(A) to be eligible to renew a
Multistate License.
F. The 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 5. ISSUANCE OF A MULTISTATE LICENSE
A. Upon receipt of an application for Multistate License,
the Home State Licensing Authority shall determine the
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30 applicant's eligibility for a Multistate License in accordance
with Section 4 of this Compact.
B. If such applicant is eligible pursuant to Section 4 of
this Compact, the Home State Licensing Authority shall issue a
Multistate License that authorizes the applicant or Regulated
Social Worker 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 Bachelors, Masters, 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 Compact 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 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION AND
MEMBER STATE LICENSING AUTHORITIES
A. Nothing in this 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 this Compact.
B. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
C. Nothing in this 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
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30 Licensee's Single State License to practice Social Work in that
State.
D. Nothing in this 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 this 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 7. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME
STATE
A. A Licensee can hold a Multistate License, issued by their
Home State, in only one Member State at any given time.
B. If a Licensee changes their Home State by moving between
two Member States:
1. The Licensee shall immediately apply for the
reissuance of their Multistate License in their 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 will be deactivated and all Member States notified
in accordance with the applicable Rules adopted by the
Commission.
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30 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. Such 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.
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, then 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 their 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 this Compact shall interfere with a Licensee's
ability to hold a Single State License in multiple States;
however, for the purposes of this Compact, a Licensee shall have
only one Home State, and only one Multistate License.
E. Nothing in this Compact shall interfere with the
requirements established by a Member State for the issuance of a
Single State License.
SECTION 8. MILITARY FAMILIES
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30 An Active Military Member or their spouse shall designate a
Home State where the individual has a Multistate License. The
individual may retain their Home State designation during the
period the service member is on active duty.
SECTION 9. ADVERSE ACTIONS
A. In addition to the other powers conferred by State law, a
Remote State shall have the authority, in accordance with
existing State due process law, to:
1. Take Adverse Action against a Regulated Social
Worker's Multistate Authorization to Practice only within
that 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.
2. 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 conduct
received from a Member State as it would if the conduct had
occurred within the Home State. In so doing, the Home State
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30 shall apply its own State laws to determine appropriate action.
C. The Home State shall complete any pending investigations
of a Regulated Social Worker who changes their Home State during
the course of the investigations. The Home State shall also have
the authority to take appropriate action(s) 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
investigations 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. Joint Investigations:
1. In addition to the authority granted to a Member
State by its respective Social Work practice act or other
applicable State law, any Member State may participate with
other Member States in joint investigations of Licensees.
2. Member States shall share any investigative,
litigation, or compliance materials in furtherance of any
joint or individual investigation initiated under the
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
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30 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 State's of any Adverse Actions by Remote States.
I. Nothing in this 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 this 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 actions within that Member State.
K. Nothing in this 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 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT
COMMISSION
A. The Compact Member States hereby create and establish a
joint government agency whose membership consists of all Member
States that have enacted the compact known as the Social Work
Licensure Compact Commission. The Commission is an
instrumentality of the Compact States acting jointly and not an
instrumentality of any one State. The Commission shall come into
existence on or after the effective date of the Compact as set
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30 forth in Section 14.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one
(1) delegate selected by that Member State's Licensing
Authority.
2. The delegate shall be either:
a. A current member of the Licensing Authority at
the time of appointment, who is a Regulated Social Worker
or public member of the State Licensing Authority; or
b. An administrator of the Licensing Authority or
their designee.
3. The Commission shall by Rule or bylaw establish a
term of office for delegates and may by Rule or bylaw
establish term limits.
4. The Commission may recommend removal or suspension of
any delegate from office.
5. A Member State's Licensing Authority shall fill any
vacancy of its delegate occurring on the Commission within 60
days of the vacancy.
6. Each delegate shall be entitled to one vote on all
matters before the Commission requiring a vote by Commission
delegates.
7. A delegate shall vote in person or by such other
means as provided in the bylaws. The bylaws may provide for
delegates to meet by telecommunication, video conference, or
other means of communication.
8. The Commission shall meet at least once during each
calendar year. Additional meetings may be held as set forth
in the bylaws. The Commission may meet by telecommunication,
video conference or other similar electronic means.
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30 C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish code of conduct and conflict of interest
policies;
3. Establish and amend Rules and bylaws;
4. Maintain its financial records in accordance with the
bylaws;
5. Meet and take such actions as 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
Licensing Authority 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, but not limited to, employees of a
Member State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
Compact, and establish the Commission's personnel policies
and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel
matters;
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30 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, and consumer representatives, and such
other interested persons as may be designated in this Compact
and the 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;
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 such other functions as may be necessary or
appropriate to achieve the purposes of this Compact.
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30 D. The Executive Committee
1. The Executive Committee shall 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. Oversee the day-to-day activities of the
administration of the compact including enforcement and
compliance with the provisions of the compact, its Rules
and bylaws, and other such duties as deemed necessary;
b. Recommend to the Commission changes to the Rules
or bylaws, changes to this Compact legislation, fees
charged to Compact Member States, fees charged to
Licensees, and other fees;
c. Ensure Compact administration services are
appropriately provided, including by contract;
d. Prepare and recommend the budget;
e. Maintain financial records on behalf of the
Commission;
f. Monitor Compact compliance of Member States and
provide compliance reports to the Commission;
g. Establish additional committees as necessary;
h. Exercise 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 as provided in the Rules or bylaws
of the Commission.
2. The Executive Committee shall be composed of up to
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30 eleven (11) members:
a. The chair and vice chair of the Commission shall
be voting members of the Executive Committee; and
b. The Commission shall elect five voting members
from the current membership of the Commission.
c. Up to four (4) ex officio, nonvoting members from
four (4) recognized national Social Work organizations.
d. The ex officio members will be selected by their
respective organizations.
3. The Commission may remove any member of the Executive
Committee as provided in the Commission's bylaws.
4. The Executive Committee shall meet at least annually.
a. Executive Committee meetings shall be open to the
public, except that the Executive Committee may meet in a
closed, non-public meeting as provided in subsection F.2
below.
b. The Executive Committee shall give seven (7)
days' notice of its meetings, posted on its website and
as determined to provide notice to persons with an
interest in the business of the Commission.
c. The Executive Committee may hold a special
meeting in accordance with subsection F.1.b. below.
E. The Commission shall adopt and provide to the Member
States an annual report.
F. Meetings of the Commission
1. All meetings shall be open to the public, except that
the Commission may meet in a closed, non-public meeting as
provided in subsection F.2 below.
a. Public notice for all meetings of the full
Commission of meetings shall be given in the same manner
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30 as required under the Rulemaking provisions in Section
12, except that the Commission may hold a special meeting
as provided in subsection F.1.b below.
b. The Commission may hold a special meeting when it
must meet to conduct emergency business by giving 48
hours' notice to all commissioners, on the Commission's
website, and 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.
2. The Commission or the Executive Committee or other
committees of the Commission may convene in a closed, non-
public meeting for the Commission or Executive Committee or
other committees of the Commission to receive legal advice or
to discuss:
a. Non-compliance of a Member State with its
obligations under the Compact;
b. The employment, compensation, discipline or other
matters, practices or procedures related to specific
employees;
c. Current or threatened discipline of a Licensee by
the Commission or by a Member State's Licensing
Authority;
d. Current, threatened, or reasonably anticipated
litigation;
e. Negotiation of contracts for the purchase, lease,
or sale of goods, services, or real estate;
f. Accusing any person of a crime or formally
censuring any person;
g. Trade secrets or commercial or financial
information that is privileged or confidential;
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30 h. Information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of
personal privacy;
i. Investigative records compiled for law
enforcement purposes;
j. 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 the Compact;
k. Matters specifically exempted from disclosure by
federal or Member State law; or
l. Other matters as promulgated by the Commission by
Rule.
3. 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 such
reference shall be recorded in the minutes.
4. 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 therefore, including a description of the views
expressed. All documents considered in connection with an
action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal,
subject to release only by a majority vote of the Commission
or order of a court of competent jurisdiction.
G. Financing of the Commission
1. The Commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment,
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30 organization, and ongoing activities.
2. The Commission may accept any and all appropriate
revenue sources as provided in subsection C(13).
3. The Commission 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 must be in a total amount
sufficient to cover its annual budget as approved each year
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. The Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the same;
nor shall the Commission pledge the credit of any of the
Member States, except by and with the authority of the Member
State.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the Commission shall be subject to the financial review and
accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the
Commission 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.
H. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees
and representatives of the Commission shall be immune from
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30 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 such 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
hereunder.
2. The Commission shall defend any member, 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 their own counsel at their 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
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30 representative of the Commission for the amount of any
settlement or judgment 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, or that such person had a reasonable
basis for believing 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 herein shall be construed as a limitation on
the liability of any Licensee for professional malpractice or
misconduct, which shall be governed 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 Sherman Act, Clayton Act, or any other State
or federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity by the Member States or by the
Commission.
SECTION 11. 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
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30 contrary, a Member State shall submit a uniform data set to the
Data System on all individuals 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 information
related thereto;
4. Non-confidential information related to Alternative
Program participation, the beginning and ending dates of such
participation, and other information related to such
participation not made confidential under Member State law;
5. Any denial of application for licensure, and the
reason(s) for such 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.
1. It is the responsibility of the Member States to
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30 report any Adverse Action against a Licensee and to monitor
the database to determine whether 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 12. RULEMAKING
A. The Commission shall promulgate reasonable Rules in order
to effectively and efficiently implement and administer the
purposes and provisions of the 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 the 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 however 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
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.
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30 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 the Member States
rejects a Rule or portion of a Rule, by enactment of a statute
or resolution in the same manner used to adopt the Compact
within four (4) years of the date of adoption of the Rule, then
such Rule shall have no further force and 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 by the Commission,
and at least thirty (30) 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:
1. On the website of the Commission or other publicly
accessible platform;
2. To persons who have requested notice of the
Commission's notices of proposed rulemaking; and
3. In such other way(s) as the Commission may by Rule
specify.
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
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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 will 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 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 the proposed Rule based on the Rulemaking
record and the full text of the Rule.
1. The Commission may adopt changes to the proposed Rule
provided the changes do not enlarge the original purpose of
the proposed Rule.
2. The Commission 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.
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30 3. The Commission shall determine a reasonable effective
date for the Rule. Except for an emergency as provided in
Section 12.L, the effective date of the rule shall be no
sooner than 30 days after issuing the notice that it adopted
or amended the Rule.
L. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency Rule with 48
hours' notice, with opportunity to comment, provided that the
usual Rulemaking procedures provided in the Compact and in this
section shall be retroactively applied to the Rule as soon as
reasonably possible, in no event later than ninety (90) 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 website of the Commission.
The revision shall be subject to challenge by any person for a
period of thirty (30) 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
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without further action. If the revision is challenged, the
revision may not take effect without the approval of the
Commission.
N. No Member State's rulemaking requirements shall apply
under this compact.
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. 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.
2. 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 it adopts or consents
to participate in alternative dispute resolution proceedings.
Nothing herein shall affect or limit the selection or
propriety of venue in any action against a Licensee for
professional malpractice, misconduct or any such similar
matter.
3. 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 such a proceeding for all purposes. Failure to
provide the Commission service of process shall render a
judgment or order void as to the Commission, this Compact, or
promulgated Rules.
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30 B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has
defaulted in the performance of its obligations 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.
2. The Commission shall provide a copy of the notice of
default to the other Member States.
C. If a 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.
D. Termination of membership in the 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 leaders of the defaulting State's legislature, the
defaulting State's State Licensing Authority and each of the
Member States' Licensing Authority.
E. 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 termination.
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30 F. Upon the termination of a State's membership from this
Compact, that State shall immediately provide notice to all
Licensees within that State of such termination. The terminated
State shall continue to recognize all licenses granted pursuant
to this Compact for a minimum of six (6) months after the date
of said notice of termination.
G. 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.
H. The defaulting State may appeal the action of the
Commission by petitioning the U.S. 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 such litigation, including reasonable
attorney's fees.
I. Dispute Resolution
1. Upon request by a Member State, the Commission shall
attempt to resolve disputes related to the Compact that arise
among Member States and between Member and non-Member States.
2. The Commission shall promulgate a Rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
J. Enforcement
1. 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 the Compact and its promulgated Rules. The relief sought
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30 may include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall
be awarded all costs of such litigation, including reasonable
attorney's 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.
2. A Member State may initiate legal action against the
Commission in the U.S. 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 the Compact and its 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 such litigation, including reasonable
attorney's fees.
3. No person other than a Member State shall enforce
this compact against the Commission.
SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the seventh Member
State.
1. On or after the effective date of the Compact, the
Commission shall convene and review the enactment of each of
the first seven Member States ("Charter Member States") to
determine if the statute enacted by each such Charter Member
State is materially different than the model Compact statute.
a. 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
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30 Section 13.
b. If any 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 should be less than seven.
2. Member States enacting the Compact subsequent to the
seven initial Charter Member States shall be subject to the
process set forth in Section 10(C)(21) to determine if their
enactments are materially different from the model Compact
statute and whether they qualify for participation in the
Compact.
3. All actions 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.
4. 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.
B. Any Member State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect
until 180 days after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing
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30 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.
3. Upon the enactment of a statute withdrawing from this
compact, a State shall immediately provide notice of such
withdrawal to all Licensees within that State.
Notwithstanding any subsequent statutory enactment to the
contrary, such withdrawing State shall continue to recognize
all licenses granted pursuant to this compact for a minimum
of 180 days after the date of such notice of withdrawal.
C. 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.
D. 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 15. CONSTRUCTION AND SEVERABILITY
A. This Compact and the Commission's rulemaking authority
shall be liberally construed so as to effectuate the purposes,
and the implementation and administration of the Compact.
Provisions of the 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 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
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30 constitution of any Member State, a State seeking participation
in the Compact, or of 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 thereby.
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 13.B, terminate a
Member State's participation in the Compact, if it 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 16. 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 applicable
standards, of the Remote State where the client is located at
the time care is rendered.
B. Nothing herein 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, regulations, or other legal
requirements in a Member State in conflict with the Compact are
superseded to the extent of the conflict.
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30 D. All permissible agreements between the Commission and the
Member States are binding in accordance with their terms.
Section 3. When and how compact becomes operative.
(a) General rule.--When the Governor executes the
Interstate Compact on behalf of this State and files a verified
copy with the Secretary of the Commonwealth and when the compact
is ratified by one or more other states, then the compact shall
become operative and effective between this State and the other
state or states. The Governor is authorized and directed to take
action as may be necessary to complete the exchange of official
documents between this State and any other state ratifying the
compact.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall transmit notice to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin, when the conditions specified in
subsection (a) are satisfied, and shall include in the notice
the date on which the compact became effective and operative
between this State and any other state or states in accordance
with this act.
Section 4. Compensation and expenses of compact administrator.
The compact administrator who represents this State, as
provided for in the Interstate Compact, shall not be entitled to
any additional compensation for the compact administrator's
duties and responsibilities as compact administrator but shall
be entitled to reimbursement for reasonable expenses actually
incurred in connection with the compact administrator's duties
and responsibilities as compact administrator in the same manner
as for expenses incurred in connection with other duties and
responsibilities of the compact administrator's office or
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30 employment.
Section 5. Effective date.
This act shall take effect in 60 days.
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