89R4828 RAL-D
By: Darby H.B. No. 3503
A BILL TO BE ENTITLED
AN ACT
relating to the Social Work Licensure Compact; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 505, Occupations Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. SOCIAL WORK LICENSURE COMPACT
Sec. 505.651. SOCIAL WORK LICENSURE COMPACT. The Social
Work Licensure Compact is enacted and entered into with all other
jurisdictions that legally join in the compact, which reads as
follows:
SOCIAL WORK LICENSURE COMPACT
SECTION 1: PURPOSE
The purpose of this Compact is to facilitate interstate
practice of Regulated Social Workers by improving public access to
competent Social Work Services. The Compact preserves the
regulatory authority of States to protect public health and safety
through the current system of State licensure.
This Compact is designed to 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-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 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.
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 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; 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
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; and
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 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:
2. 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.
3. 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.
4. 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 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
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 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
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.
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
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 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 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 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 State Licensing
Authority.
2. The delegate shall be either:
a. A current member of the State Licensing
Authority at the time of appointment, who is a Regulated Social
Worker or public member of the State Licensing Authority; or
b. An administrator of the State 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
any delegate from office.
5. A Member State's State 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, videoconference, 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.
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
State Licensing Board to sue or be sued under applicable law shall
not be affected;
7. Maintain and certify records and information
provided to a Member State as the authenticated business records of
the Commission, and designate an agent to do so on the Commission's
behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of
personnel, including, 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;
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.
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
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 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;
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,
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 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
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
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
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.
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 of the meeting
where the Commission will consider and vote on the proposed Rule;
2. If the hearing is held via telecommunication, video
conference, or other electronic means, the Commission shall include
the mechanism for access to the hearing in the Notice of Proposed
Rulemaking;
3. The text of the proposed Rule and the reason
therefor;
4. A request for comments on the proposed Rule from any
interested person; and
5. The manner in which interested persons may submit
written comments.
I. All hearings 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.
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 period. If no challenge is made, the
revision will take effect 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.
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'
State 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.
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 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 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
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
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.
D. All permissible agreements between the Commission and
the Member States are binding in accordance with their terms.
Sec. 505.652. ADMINISTRATION OF COMPACT. The executive
council is the Social Work Licensure Compact administrator for this
state.
Sec. 505.653. RULES. The executive council may adopt rules
necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2025.