Texas 2025 - 89th Regular

Texas Senate Bill SB1726 Compare Versions

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1	1		89R4828 RAL-D
2	2		By: Johnson S.B. No. 1726
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7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the Social Work Licensure Compact; authorizing fees.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Chapter 505, Occupations Code, is amended by
12	10		adding Subchapter M to read as follows:
13	11		SUBCHAPTER M. SOCIAL WORK LICENSURE COMPACT
14	12		Sec. 505.651. SOCIAL WORK LICENSURE COMPACT. The Social
15	13		Work Licensure Compact is enacted and entered into with all other
16	14		jurisdictions that legally join in the compact, which reads as
17	15		follows:
18	16		SOCIAL WORK LICENSURE COMPACT
19	17		SECTION 1: PURPOSE
20	18		The purpose of this Compact is to facilitate interstate
21	19		practice of Regulated Social Workers by improving public access to
22	20		competent Social Work Services. The Compact preserves the
23	21		regulatory authority of States to protect public health and safety
24	22		through the current system of State licensure.
25	23		This Compact is designed to achieve the following objectives:
26	24		A. Increase public access to Social Work Services;
27	25		B. Reduce overly burdensome and duplicative requirements
28	26		associated with holding multiple licenses;
29	27		C. Enhance the Member States' ability to protect the
30	28		public's health and safety;
31	29		D. Encourage the cooperation of Member States in regulating
32	30		multistate practice;
33	31		E. Promote mobility and address workforce shortages by
34	32		eliminating the necessity for licenses in multiple States by
35	33		providing for the mutual recognition of other Member State
36	34		licenses;
37	35		F. Support military families;
38	36		G. Facilitate the exchange of licensure and disciplinary
39	37		information among Member States;
40	38		H. Authorize all Member States to hold a Regulated Social
41	39		Worker accountable for abiding by a Member State's laws,
42	40		regulations, and applicable professional standards in the Member
43	41		State in which the client is located at the time care is rendered;
44	42		and
45	43		I. Allow for the use of telehealth to facilitate increased
46	44		access to regulated Social Work Services.
47	45		SECTION 2. DEFINITIONS
48	46		As used in this Compact, and except as otherwise provided,
49	47		the following definitions shall apply:
50	48		A. "Active Military Member" means any individual with
51	49		full-time duty status in the active armed forces of the United
52	50		States including members of the National Guard and Reserve.
53	51		B. "Adverse Action" means any administrative, civil,
54	52		equitable or criminal action permitted by a State's laws which is
55	53		imposed by a Licensing Authority or other authority against a
56	54		Regulated Social Worker, including actions against an individual's
57	55		license or Multistate Authorization to Practice such as revocation,
58	56		suspension, probation, monitoring of the Licensee, limitation on
59	57		the Licensee's practice, or any other Encumbrance on licensure
60	58		affecting a Regulated Social Worker's authorization to practice,
61	59		including issuance of a cease and desist action.
62	60		C. "Alternative Program" means a non-disciplinary
63	61		monitoring or practice remediation process approved by a Licensing
64	62		Authority to address practitioners with an Impairment.
65	63		D. "Charter Member States" - Member States who have enacted
66	64		legislation to adopt this Compact where such legislation predates
67	65		the effective date of this Compact as described in Section 14.
68	66		E. "Compact Commission" or "Commission" means the
69	67		government agency whose membership consists of all States that have
70	68		enacted this Compact, which is known as the Social Work Licensure
71	69		Compact Commission, as described in Section 10, and which shall
72	70		operate as an instrumentality of the Member States.
73	71		F. "Current Significant Investigative Information" means:
74	72		1. Investigative information that a Licensing
75	73		Authority, after a preliminary inquiry that includes notification
76	74		and an opportunity for the Regulated Social Worker to respond has
77	75		reason to believe is not groundless and, if proved true, would
78	76		indicate more than a minor infraction as may be defined by the
79	77		Commission; or
80	78		2. Investigative information that indicates that the
81	79		Regulated Social Worker represents an immediate threat to public
82	80		health and safety, as may be defined by the Commission, regardless
83	81		of whether the Regulated Social Worker has been notified and has had
84	82		an opportunity to respond.
85	83		G. "Data System" means a repository of information about
86	84		Licensees, including, continuing education, examination,
87	85		licensure, Current Significant Investigative Information,
88	86		Disqualifying Event, Multistate License(s) and Adverse Action
89	87		information or other information as required by the Commission.
90	88		H. "Disqualifying Event" means any Adverse Action or
91	89		incident which results in an Encumbrance that disqualifies or makes
92	90		the Licensee ineligible to either obtain, retain or renew a
93	91		Multistate License.
94	92		I. "Domicile" means the jurisdiction in which the Licensee
95	93		resides and intends to remain indefinitely.
96	94		J. "Encumbrance" means a revocation or suspension of, or any
97	95		limitation on, the full and unrestricted practice of Social Work
98	96		licensed and regulated by a Licensing Authority.
99	97		K. "Executive Committee" means a group of delegates elected
100	98		or appointed to act on behalf of, and within the powers granted to
101	99		them by, the compact and Commission.
102	100		L. "Home State" means the Member State that is the
103	101		Licensee's primary Domicile.
104	102		M. "Impairment" means a condition(s) that may impair a
105	103		practitioner's ability to engage in full and unrestricted practice
106	104		as a Regulated Social Worker without some type of intervention and
107	105		may include alcohol and drug dependence, mental health impairment,
108	106		and neurological or physical impairments.
109	107		N. "Licensee(s)" means an individual who currently holds a
110	108		license from a State to practice as a Regulated Social Worker.
111	109		O. "Licensing Authority" means the board or agency of a
112	110		Member State, or equivalent, that is responsible for the licensing
113	111		and regulation of Regulated Social Workers.
114	112		P. "Member State" means a state, commonwealth, district, or
115	113		territory of the United States of America that has enacted this
116	114		Compact.
117	115		Q. "Multistate Authorization to Practice" means a legally
118	116		authorized privilege to practice, which is equivalent to a license,
119	117		associated with a Multistate License permitting the practice of
120	118		Social Work in a Remote State.
121	119		R. "Multistate License" means a license to practice as a
122	120		Regulated Social Worker issued by a Home State Licensing Authority
123	121		that authorizes the Regulated Social Worker to practice in all
124	122		Member States under Multistate Authorization to Practice.
125	123		S. "Qualifying National Exam" means a national licensing
126	124		examination approved by the Commission.
127	125		T. "Regulated Social Worker" means any clinical, master's
128	126		or bachelor's Social Worker licensed by a Member State regardless
129	127		of the title used by that Member State.
130	128		U. "Remote State" means a Member State other than the
131	129		Licensee's Home State.
132	130		V. "Rule(s)" or "Rule(s) of the Commission" means a
133	131		regulation or regulations duly promulgated by the Commission, as
134	132		authorized by the Compact, that has the force of law.
135	133		W. "Single State License" means a Social Work license issued
136	134		by any State that authorizes practice only within the issuing State
137	135		and does not include Multistate Authorization to Practice in any
138	136		Member State.
139	137		X. "Social Work" or "Social Work Services" means the
140	138		application of social work theory, knowledge, methods, ethics, and
141	139		the professional use of self to restore or enhance social,
142	140		psychosocial, or biopsychosocial functioning of individuals,
143	141		couples, families, groups, organizations, and communities through
144	142		the care and services provided by a Regulated Social Worker as set
145	143		forth in the Member State's statutes and regulations in the State
146	144		where the services are being provided.
147	145		Y. "State" means any state, commonwealth, district, or
148	146		territory of the United States of America that regulates the
149	147		practice of Social Work.
150	148		Z. "Unencumbered License" means a license that authorizes a
151	149		Regulated Social Worker to engage in the full and unrestricted
152	150		practice of Social Work.
153	151		SECTION 3. STATE PARTICIPATION IN THE COMPACT
154	152		A. To be eligible to participate in the compact, a potential
155	153		Member State must currently meet all of the following criteria:
156	154		1. License and regulate the practice of Social Work at
157	155		either the clinical, master's, or bachelor's category.
158	156		2. Require applicants for licensure to graduate from a
159	157		program that is:
160	158		a. Operated by a college or university recognized
161	159		by the Licensing Authority;
162	160		b. Accredited, or in candidacy by an institution
163	161		that subsequently becomes accredited, by an accrediting agency
164	162		recognized by either:
165	163		i. the Council for Higher Education
166	164		Accreditation, or its successor; or
167	165		ii. the United States Department of
168	166		Education; and
169	167		c. Corresponds to the licensure sought as
170	168		outlined in Section 4.
171	169		3. Require applicants for clinical licensure to
172	170		complete a period of supervised practice.
173	171		4. Have a mechanism in place for receiving,
174	172		investigating, and adjudicating complaints about Licensees.
175	173		B. To maintain membership in the Compact a Member State
176	174		shall:
177	175		1. Require that applicants for a Multistate License
178	176		pass a Qualifying National Exam for the corresponding category of
179	177		Multistate License sought as outlined in Section 4.
180	178		2. Participate fully in the Commission's Data System,
181	179		including using the Commission's unique identifier as defined in
182	180		Rules;
183	181		3. Notify the Commission, in compliance with the terms
184	182		of the Compact and Rules, of any Adverse Action or the availability
185	183		of Current Significant Investigative Information regarding a
186	184		Licensee;
187	185		4. Implement procedures for considering the criminal
188	186		history records of applicants for a Multistate License. Such
189	187		procedures shall include the submission of fingerprints or other
190	188		biometric-based information by applicants for the purpose of
191	189		obtaining an applicant's criminal history record information from
192	190		the Federal Bureau of Investigation and the agency responsible for
193	191		retaining that State's criminal records.
194	192		5. Comply with the Rules of the Commission;
195	193		6. Require an applicant to obtain or retain a license
196	194		in the Home State and meet the Home State's qualifications for
197	195		licensure or renewal of licensure, as well as all other applicable
198	196		Home State laws;
199	197		7. Authorize a Licensee holding a Multistate License
200	198		in any Member State to practice in accordance with the terms of the
201	199		Compact and Rules of the Commission; and
202	200		8. Designate a delegate to participate in the
203	201		Commission meetings.
204	202		C. A Member State meeting the requirements of Section 3.A.
205	203		and 3.B of this Compact shall designate the categories of Social
206	204		Work licensure that are eligible for issuance of a Multistate
207	205		License for applicants in such Member State. To the extent that any
208	206		Member State does not meet the requirements for participation in
209	207		the Compact at any particular category of Social Work licensure,
210	208		such Member State may choose, but is not obligated to, issue a
211	209		Multistate License to applicants that otherwise meet the
212	210		requirements of Section 4 for issuance of a Multistate License in
213	211		such category or categories of licensure.
214	212		D. The Home State may charge a fee for granting the
215	213		Multistate License.
216	214		SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT
217	215		A. To be eligible for a Multistate License under the terms
218	216		and provisions of the Compact, an applicant, regardless of category
219	217		must:
220	218		1. Hold or be eligible for an active, Unencumbered
221	219		License in the Home State;
222	220		2. Pay any applicable fees, including any State fee,
223	221		for the Multistate License;
224	222		3. Submit, in connection with an application for a
225	223		Multistate License, fingerprints or other biometric data for the
226	224		purpose of obtaining criminal history record information from the
227	225		Federal Bureau of Investigation and the agency responsible for
228	226		retaining that State's criminal records.
229	227		4. Notify the Home State of any Adverse Action,
230	228		Encumbrance, or restriction on any professional license taken by
231	229		any Member State or non-Member State within 30 days from the date
232	230		the action is taken.
233	231		5. Meet any continuing competence requirements
234	232		established by the Home State;
235	233		6. Abide by the laws, regulations, and applicable
236	234		standards in the Member State where the client is located at the
237	235		time care is rendered.
238	236		B. An applicant for a clinical-category Multistate License
239	237		must meet all of the following requirements:
240	238		2. Fulfill a competency requirement, which shall be
241	239		satisfied by either:
242	240		a. Passage of a clinical-category Qualifying
243	241		National Exam; or
244	242		b. Licensure of the applicant in their Home State
245	243		at the clinical category, beginning prior to such time as a
246	244		Qualifying National Exam was required by the Home State and
247	245		accompanied by a period of continuous Social Work licensure
248	246		thereafter, all of which may be further governed by the Rules of the
249	247		Commission; or
250	248		c. The substantial equivalency of the foregoing
251	249		competency requirements which the Commission may determine by Rule.
252	250		3. Attain at least a master's degree in Social Work
253	251		from a program that is:
254	252		a. Operated by a college or university recognized
255	253		by the Licensing Authority; and
256	254		b. Accredited, or in candidacy that subsequently
257	255		becomes accredited, by an accrediting agency recognized by either:
258	256		i. the Council for Higher Education
259	257		Accreditation or its successor; or
260	258		ii. the United States Department of
261	259		Education.
262	260		4. Fulfill a practice requirement, which shall be
263	261		satisfied by demonstrating completion of either:
264	262		a. A period of postgraduate supervised clinical
265	263		practice equal to a minimum of three thousand hours; or
266	264		b. A minimum of two years of full-time
267	265		postgraduate supervised clinical practice; or
268	266		c. The substantial equivalency of the foregoing
269	267		practice requirements which the Commission may determine by Rule.
270	268		C. An applicant for a master's-category Multistate License
271	269		must meet all of the following requirements:
272	270		1. Fulfill a competency requirement, which shall be
273	271		satisfied by either:
274	272		a. Passage of a masters-category Qualifying
275	273		National Exam;
276	274		b. Licensure of the applicant in their Home State
277	275		at the master's category, beginning prior to such time as a
278	276		Qualifying National Exam was required by the Home State at the
279	277		master's category and accompanied by a continuous period of Social
280	278		Work licensure thereafter, all of which may be further governed by
281	279		the Rules of the Commission; or
282	280		c. The substantial equivalency of the foregoing
283	281		competency requirements which the Commission may determine by Rule.
284	282		2. Attain at least a master's degree in Social Work
285	283		from a program that is:
286	284		a. Operated by a college or university recognized
287	285		by the Licensing Authority; and
288	286		b. Accredited, or in candidacy that subsequently
289	287		becomes accredited, by an accrediting agency recognized by either:
290	288		i. the Council for Higher Education
291	289		Accreditation or its successor; or
292	290		ii. the United States Department of
293	291		Education.
294	292		D. An applicant for a bachelor's-category Multistate
295	293		License must meet all of the following requirements:
296	294		1. Fulfill a competency requirement, which shall be
297	295		satisfied by either:
298	296		a. Passage of a bachelor's-category Qualifying
299	297		National Exam;
300	298		b. Licensure of the applicant in their Home State
301	299		at the bachelor's category, beginning prior to such time as a
302	300		Qualifying National Exam was required by the Home State and
303	301		accompanied by a period of continuous Social Work licensure
304	302		thereafter, all of which may be further governed by the Rules of the
305	303		Commission; or
306	304		c. The substantial equivalency of the foregoing
307	305		competency requirements which the Commission may determine by Rule.
308	306		2. Attain at least a bachelor's degree in Social Work
309	307		from a program that is:
310	308		a. Operated by a college or university recognized
311	309		by the Licensing Authority; and
312	310		b. Accredited, or in candidacy that subsequently
313	311		becomes accredited, by an accrediting agency recognized by either:
314	312		i. the Council for Higher Education
315	313		Accreditation or its successor; or
316	314		ii. the United States Department of
317	315		Education.
318	316		E. The Multistate License for a Regulated Social Worker is
319	317		subject to the renewal requirements of the Home State. The
320	318		Regulated Social Worker must maintain compliance with the
321	319		requirements of Section 4(A) to be eligible to renew a Multistate
322	320		License.
323	321		F. The Regulated Social Worker's services in a Remote State
324	322		are subject to that Member State's regulatory authority. A Remote
325	323		State may, in accordance with due process and that Member State's
326	324		laws, remove a Regulated Social Worker's Multistate Authorization
327	325		to Practice in the Remote State for a specific period of time,
328	326		impose fines, and take any other necessary actions to protect the
329	327		health and safety of its citizens.
330	328		G. If a Multistate License is encumbered, the Regulated
331	329		Social Worker's Multistate Authorization to Practice shall be
332	330		deactivated in all Remote States until the Multistate License is no
333	331		longer encumbered.
334	332		H. If a Multistate Authorization to Practice is encumbered
335	333		in a Remote State, the regulated Social Worker's Multistate
336	334		Authorization to Practice may be deactivated in that State until
337	335		the Multistate Authorization to Practice is no longer encumbered.
338	336		SECTION 5: ISSUANCE OF A MULTISTATE LICENSE
339	337		A. Upon receipt of an application for Multistate License,
340	338		the Home State Licensing Authority shall determine the applicant's
341	339		eligibility for a Multistate License in accordance with Section 4
342	340		of this Compact.
343	341		B. If such applicant is eligible pursuant to Section 4 of
344	342		this Compact, the Home State Licensing Authority shall issue a
345	343		Multistate License that authorizes the applicant or Regulated
346	344		Social Worker to practice in all Member States under a Multistate
347	345		Authorization to Practice.
348	346		C. Upon issuance of a Multistate License, the Home State
349	347		Licensing Authority shall designate whether the Regulated Social
350	348		Worker holds a Multistate License in the Bachelors, Masters, or
351	349		Clinical category of Social Work.
352	350		D. A Multistate License issued by a Home State to a resident
353	351		in that State shall be recognized by all Compact Member States as
354	352		authorizing Social Work Practice under a Multistate Authorization
355	353		to Practice corresponding to each category of licensure regulated
356	354		in each Member State.
357	355		SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER
358	356		STATE LICENSING AUTHORITIES
359	357		A. Nothing in this Compact, nor any Rule of the Commission,
360	358		shall be construed to limit, restrict, or in any way reduce the
361	359		ability of a Member State to enact and enforce laws, regulations, or
362	360		other rules related to the practice of Social Work in that State,
363	361		where those laws, regulations, or other rules are not inconsistent
364	362		with the provisions of this Compact.
365	363		B. Nothing in this Compact shall affect the requirements
366	364		established by a Member State for the issuance of a Single State
367	365		License.
368	366		C. Nothing in this Compact, nor any Rule of the Commission,
369	367		shall be construed to limit, restrict, or in any way reduce the
370	368		ability of a Member State to take Adverse Action against a
371	369		Licensee's Single State License to practice Social Work in that
372	370		State.
373	371		D. Nothing in this Compact, nor any Rule of the Commission,
374	372		shall be construed to limit, restrict, or in any way reduce the
375	373		ability of a Remote State to take Adverse Action against a
376	374		Licensee's Multistate Authorization to Practice in that State.
377	375		E. Nothing in this Compact, nor any Rule of the Commission,
378	376		shall be construed to limit, restrict, or in any way reduce the
379	377		ability of a Licensee's Home State to take Adverse Action against a
380	378		Licensee's Multistate License based upon information provided by a
381	379		Remote State.
382	380		SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
383	381		A. A Licensee can hold a Multistate License, issued by their
384	382		Home State, in only one Member State at any given time.
385	383		B. If a Licensee changes their Home State by moving between
386	384		two Member States:
387	385		1. The Licensee shall immediately apply for the
388	386		reissuance of their Multistate License in their new Home State. The
389	387		Licensee shall pay all applicable fees and notify the prior Home
390	388		State in accordance with the Rules of the Commission.
391	389		2. Upon receipt of an application to reissue a
392	390		Multistate License, the new Home State shall verify that the
393	391		Multistate License is active, unencumbered and eligible for
394	392		reissuance under the terms of the Compact and the Rules of the
395	393		Commission. The Multistate License issued by the prior Home State
396	394		will be deactivated and all Member States notified in accordance
397	395		with the applicable Rules adopted by the Commission.
398	396		3. Prior to the reissuance of the Multistate License,
399	397		the new Home State shall conduct procedures for considering the
400	398		criminal history records of the Licensee. Such procedures shall
401	399		include the submission of fingerprints or other biometric-based
402	400		information by applicants for the purpose of obtaining an
403	401		applicant's criminal history record information from the Federal
404	402		Bureau of Investigation and the agency responsible for retaining
405	403		that State's criminal records.
406	404		4. If required for initial licensure, the new Home
407	405		State may require completion of jurisprudence requirements in the
408	406		new Home State.
409	407		5. Notwithstanding any other provision of this
410	408		Compact, if a Licensee does not meet the requirements set forth in
411	409		this Compact for the reissuance of a Multistate License by the new
412	410		Home State, then the Licensee shall be subject to the new Home State
413	411		requirements for the issuance of a Single State License in that
414	412		State.
415	413		C. If a Licensee changes their primary State of residence by
416	414		moving from a Member State to a non-Member State, or from a
417	415		non-Member State to a Member State, then the Licensee shall be
418	416		subject to the State requirements for the issuance of a Single State
419	417		License in the new Home State.
420	418		D. Nothing in this Compact shall interfere with a Licensee's
421	419		ability to hold a Single State License in multiple States; however,
422	420		for the purposes of this Compact, a Licensee shall have only one
423	421		Home State, and only one Multistate License.
424	422		E. Nothing in this Compact shall interfere with the
425	423		requirements established by a Member State for the issuance of a
426	424		Single State License.
427	425		SECTION 8. MILITARY FAMILIES
428	426		An Active Military Member or their spouse shall designate a
429	427		Home State where the individual has a Multistate License. The
430	428		individual may retain their Home State designation during the
431	429		period the service member is on active duty.
432	430		SECTION 9. ADVERSE ACTIONS
433	431		A. In addition to the other powers conferred by State law, a
434	432		Remote State shall have the authority, in accordance with existing
435	433		State due process law, to:
436	434		1. Take Adverse Action against a Regulated Social
437	435		Worker's Multistate Authorization to Practice only within that
438	436		Member State, and issue subpoenas for both hearings and
439	437		investigations that require the attendance and testimony of
440	438		witnesses as well as the production of evidence. Subpoenas issued
441	439		by a Licensing Authority in a Member State for the attendance and
442	440		testimony of witnesses or the production of evidence from another
443	441		Member State shall be enforced in the latter State by any court of
444	442		competent jurisdiction, according to the practice and procedure of
445	443		that court applicable to subpoenas issued in proceedings pending
446	444		before it. The issuing Licensing Authority shall pay any witness
447	445		fees, travel expenses, mileage, and other fees required by the
448	446		service statutes of the State in which the witnesses or evidence are
449	447		located.
450	448		2. Only the Home State shall have the power to take
451	449		Adverse Action against a Regulated Social Worker's Multistate
452	450		License.
453	451		B. For purposes of taking Adverse Action, the Home State
454	452		shall give the same priority and effect to reported conduct
455	453		received from a Member State as it would if the conduct had occurred
456	454		within the Home State. In so doing, the Home State shall apply its
457	455		own State laws to determine appropriate action.
458	456		C. The Home State shall complete any pending investigations
459	457		of a Regulated Social Worker who changes their Home State during the
460	458		course of the investigations. The Home State shall also have the
461	459		authority to take appropriate action(s) and shall promptly report
462	460		the conclusions of the investigations to the administrator of the
463	461		Data System. The administrator of the Data System shall promptly
464	462		notify the new Home State of any Adverse Actions.
465	463		D. A Member State, if otherwise permitted by State law, may
466	464		recover from the affected Regulated Social Worker the costs of
467	465		investigations and dispositions of cases resulting from any Adverse
468	466		Action taken against that Regulated Social Worker.
469	467		E. A Member State may take Adverse Action based on the
470	468		factual findings of another Member State, provided that the Member
471	469		State follows its own procedures for taking the Adverse Action.
472	470		F. Joint Investigations:
473	471		1. In addition to the authority granted to a Member
474	472		State by its respective Social Work practice act or other
475	473		applicable State law, any Member State may participate with other
476	474		Member States in joint investigations of Licensees.
477	475		2. Member States shall share any investigative,
478	476		litigation, or compliance materials in furtherance of any joint or
479	477		individual investigation initiated under the Compact.
480	478		G. If Adverse Action is taken by the Home State against the
481	479		Multistate License of a Regulated Social Worker, the Regulated
482	480		Social Worker's Multistate Authorization to Practice in all other
483	481		Member States shall be deactivated until all Encumbrances have been
484	482		removed from the Multistate License. All Home State disciplinary
485	483		orders that impose Adverse Action against the license of a
486	484		Regulated Social Worker shall include a statement that the
487	485		Regulated Social Worker's Multistate Authorization to Practice is
488	486		deactivated in all Member States until all conditions of the
489	487		decision, order or agreement are satisfied.
490	488		H. If a Member State takes Adverse Action, it shall promptly
491	489		notify the administrator of the Data System. The administrator of
492	490		the Data System shall promptly notify the Home State and all other
493	491		Member State's of any Adverse Actions by Remote States.
494	492		I. Nothing in this Compact shall override a Member State's
495	493		decision that participation in an Alternative Program may be used
496	494		in lieu of Adverse Action.
497	495		J. Nothing in this Compact shall authorize a Member State to
498	496		demand the issuance of subpoenas for attendance and testimony of
499	497		witnesses or the production of evidence from another Member State
500	498		for lawful actions within that Member State.
501	499		K. Nothing in this Compact shall authorize a Member State to
502	500		impose discipline against a Regulated Social Worker who holds a
503	501		Multistate Authorization to Practice for lawful actions within
504	502		another Member State.
505	503		SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT
506	504		COMMISSION
507	505		A. The Compact Member States hereby create and establish a
508	506		joint government agency whose membership consists of all Member
509	507		States that have enacted the compact known as the Social Work
510	508		Licensure Compact Commission. The Commission is an instrumentality
511	509		of the Compact States acting jointly and not an instrumentality of
512	510		any one State. The Commission shall come into existence on or after
513	511		the effective date of the Compact as set forth in Section 14.
514	512		B. Membership, Voting, and Meetings
515	513		1. Each Member State shall have and be limited to one
516	514		(1) delegate selected by that Member State's State Licensing
517	515		Authority.
518	516		2. The delegate shall be either:
519	517		a. A current member of the State Licensing
520	518		Authority at the time of appointment, who is a Regulated Social
521	519		Worker or public member of the State Licensing Authority; or
522	520		b. An administrator of the State Licensing
523	521		Authority or their designee.
524	522		3. The Commission shall by Rule or bylaw establish a
525	523		term of office for delegates and may by Rule or bylaw establish term
526	524		limits.
527	525		4. The Commission may recommend removal or suspension
528	526		any delegate from office.
529	527		5. A Member State's State Licensing Authority shall
530	528		fill any vacancy of its delegate occurring on the Commission within
531	529		60 days of the vacancy.
532	530		6. Each delegate shall be entitled to one vote on all
533	531		matters before the Commission requiring a vote by Commission
534	532		delegates.
535	533		7. A delegate shall vote in person or by such other
536	534		means as provided in the bylaws. The bylaws may provide for
537	535		delegates to meet by telecommunication, videoconference, or other
538	536		means of communication.
539	537		8. The Commission shall meet at least once during each
540	538		calendar year. Additional meetings may be held as set forth in the
541	539		bylaws. The Commission may meet by telecommunication, video
542	540		conference or other similar electronic means.
543	541		C. The Commission shall have the following powers:
544	542		1. Establish the fiscal year of the Commission;
545	543		2. Establish code of conduct and conflict of interest
546	544		policies;
547	545		3. Establish and amend Rules and bylaws;
548	546		4. Maintain its financial records in accordance with
549	547		the bylaws;
550	548		5. Meet and take such actions as are consistent with
551	549		the provisions of this Compact, the Commission's Rules, and the
552	550		bylaws;
553	551		6. Initiate and conclude legal proceedings or actions
554	552		in the name of the Commission, provided that the standing of any
555	553		State Licensing Board to sue or be sued under applicable law shall
556	554		not be affected;
557	555		7. Maintain and certify records and information
558	556		provided to a Member State as the authenticated business records of
559	557		the Commission, and designate an agent to do so on the Commission's
560	558		behalf;
561	559		8. Purchase and maintain insurance and bonds;
562	560		9. Borrow, accept, or contract for services of
563	561		personnel, including, but not limited to, employees of a Member
564	562		State;
565	563		10. Conduct an annual financial review
566	564		11. Hire employees, elect or appoint officers, fix
567	565		compensation, define duties, grant such individuals appropriate
568	566		authority to carry out the purposes of the Compact, and establish
569	567		the Commission's personnel policies and programs relating to
570	568		conflicts of interest, qualifications of personnel, and other
571	569		related personnel matters;
572	570		12. Assess and collect fees;
573	571		13. Accept any and all appropriate gifts, donations,
574	572		grants of money, other sources of revenue, equipment, supplies,
575	573		materials, and services, and receive, utilize, and dispose of the
576	574		same; provided that at all times the Commission shall avoid any
577	575		appearance of impropriety or conflict of interest;
578	576		14. Lease, purchase, retain, own, hold, improve, or
579	577		use any property, real, personal, or mixed, or any undivided
580	578		interest therein;
581	579		15. Sell, convey, mortgage, pledge, lease, exchange,
582	580		abandon, or otherwise dispose of any property real, personal, or
583	581		mixed;
584	582		16. Establish a budget and make expenditures;
585	583		17. Borrow money;
586	584		18. Appoint committees, including standing
587	585		committees, composed of members, State regulators, State
588	586		legislators or their representatives, and consumer
589	587		representatives, and such other interested persons as may be
590	588		designated in this Compact and the bylaws;
591	589		19. Provide and receive information from, and
592	590		cooperate with, law enforcement agencies;
593	591		20. Establish and elect an Executive Committee,
594	592		including a chair and a vice chair;
595	593		21. Determine whether a State's adopted language is
596	594		materially different from the model compact language such that the
597	595		State would not qualify for participation in the Compact; and
598	596		22. Perform such other functions as may be necessary
599	597		or appropriate to achieve the purposes of this Compact.
600	598		D. The Executive Committee
601	599		1. The Executive Committee shall have the power to act
602	600		on behalf of the Commission according to the terms of this Compact.
603	601		The powers, duties, and responsibilities of the Executive Committee
604	602		shall include:
605	603		a. Oversee the day-to-day activities of the
606	604		administration of the compact including enforcement and compliance
607	605		with the provisions of the compact, its Rules and bylaws, and other
608	606		such duties as deemed necessary;
609	607		b. Recommend to the Commission changes to the
610	608		Rules or bylaws, changes to this Compact legislation, fees charged
611	609		to Compact Member States, fees charged to Licensees, and other
612	610		fees;
613	611		c. Ensure Compact administration services are
614	612		appropriately provided, including by contract;
615	613		d. Prepare and recommend the budget;
616	614		e. Maintain financial records on behalf of the
617	615		Commission;
618	616		f. Monitor Compact compliance of Member States
619	617		and provide compliance reports to the Commission;
620	618		g. Establish additional committees as necessary;
621	619		h. Exercise the powers and duties of the
622	620		Commission during the interim between Commission meetings, except
623	621		for adopting or amending Rules, adopting or amending bylaws, and
624	622		exercising any other powers and duties expressly reserved to the
625	623		Commission by Rule or bylaw; and
626	624		i. Other duties as provided in the Rules or
627	625		bylaws of the Commission.
628	626		2. The Executive Committee shall be composed of up to
629	627		eleven (11) members:
630	628		a. The chair and vice chair of the Commission
631	629		shall be voting members of the Executive Committee; and
632	630		b. The Commission shall elect five voting members
633	631		from the current membership of the Commission.
634	632		c. Up to four (4) ex-officio, nonvoting members
635	633		from four (4) recognized national Social Work organizations.
636	634		d. The ex-officio members will be selected by
637	635		their respective organizations.
638	636		3. The Commission may remove any member of the
639	637		Executive Committee as provided in the Commission's bylaws.
640	638		4. The Executive Committee shall meet at least
641	639		annually.
642	640		a. Executive Committee meetings shall be open to
643	641		the public, except that the Executive Committee may meet in a
644	642		closed, non-public meeting as provided in subsection F.2 below.
645	643		b. The Executive Committee shall give seven (7)
646	644		days' notice of its meetings, posted on its website and as
647	645		determined to provide notice to persons with an interest in the
648	646		business of the Commission.
649	647		c. The Executive Committee may hold a special
650	648		meeting in accordance with subsection F.1.b. below.
651	649		E. The Commission shall adopt and provide to the Member
652	650		States an annual report.
653	651		F. Meetings of the Commission
654	652		1. All meetings shall be open to the public, except
655	653		that the Commission may meet in a closed, non-public meeting as
656	654		provided in subsection F.2 below.
657	655		a. Public notice for all meetings of the full
658	656		Commission of meetings shall be given in the same manner as required
659	657		under the Rulemaking provisions in Section 12, except that the
660	658		Commission may hold a special meeting as provided in subsection
661	659		F.1.b below.
662	660		b. The Commission may hold a special meeting when
663	661		it must meet to conduct emergency business by giving 48 hours'
664	662		notice to all commissioners, on the Commission's website, and other
665	663		means as provided in the Commission's Rules. The Commission's legal
666	664		counsel shall certify that the Commission's need to meet qualifies
667	665		as an emergency.
668	666		2. The Commission or the Executive Committee or other
669	667		committees of the Commission may convene in a closed, non-public
670	668		meeting for the Commission or Executive Committee or other
671	669		committees of the Commission to receive legal advice or to discuss:
672	670		a. Non-compliance of a Member State with its
673	671		obligations under the Compact;
674	672		b. The employment, compensation, discipline or
675	673		other matters, practices or procedures related to specific
676	674		employees;
677	675		c. Current or threatened discipline of a Licensee
678	676		by the Commission or by a Member State's Licensing Authority;
679	677		d. Current, threatened, or reasonably
680	678		anticipated litigation;
681	679		e. Negotiation of contracts for the purchase,
682	680		lease, or sale of goods, services, or real estate;
683	681		f. Accusing any person of a crime or formally
684	682		censuring any person;
685	683		g. Trade secrets or commercial or financial
686	684		information that is privileged or confidential;
687	685		h. Information of a personal nature where
688	686		disclosure would constitute a clearly unwarranted invasion of
689	687		personal privacy;
690	688		i. Investigative records compiled for law
691	689		enforcement purposes;
692	690		j. Information related to any investigative
693	691		reports prepared by or on behalf of or for use of the Commission or
694	692		other committee charged with responsibility of investigation or
695	693		determination of compliance issues pursuant to the Compact;
696	694		k. Matters specifically exempted from disclosure
697	695		by federal or Member State law; or
698	696		l. Other matters as promulgated by the Commission
699	697		by Rule.
700	698		3. If a meeting, or portion of a meeting, is closed,
701	699		the presiding officer shall state that the meeting will be closed
702	700		and reference each relevant exempting provision, and such reference
703	701		shall be recorded in the minutes.
704	702		4. The Commission shall keep minutes that fully and
705	703		clearly describe all matters discussed in a meeting and shall
706	704		provide a full and accurate summary of actions taken, and the
707	705		reasons therefore, including a description of the views expressed.
708	706		All documents considered in connection with an action shall be
709	707		identified in such minutes. All minutes and documents of a closed
710	708		meeting shall remain under seal, subject to release only by a
711	709		majority vote of the Commission or order of a court of competent
712	710		jurisdiction.
713	711		G. Financing of the Commission
714	712		1. The Commission shall pay, or provide for the
715	713		payment of, the reasonable expenses of its establishment,
716	714		organization, and ongoing activities.
717	715		2. The Commission may accept any and all appropriate
718	716		revenue sources as provided in subsection C(13).
719	717		3. The Commission may levy on and collect an annual
720	718		assessment from each Member State and impose fees on Licensees of
721	719		Member States to whom it grants a Multistate License to cover the
722	720		cost of the operations and activities of the Commission and its
723	721		staff, which must be in a total amount sufficient to cover its
724	722		annual budget as approved each year for which revenue is not
725	723		provided by other sources. The aggregate annual assessment amount
726	724		for Member States shall be allocated based upon a formula that the
727	725		Commission shall promulgate by Rule.
728	726		4. The Commission shall not incur obligations of any
729	727		kind prior to securing the funds adequate to meet the same; nor
730	728		shall the Commission pledge the credit of any of the Member States,
731	729		except by and with the authority of the Member State.
732	730		5. The Commission shall keep accurate accounts of all
733	731		receipts and disbursements. The receipts and disbursements of the
734	732		Commission shall be subject to the financial review and accounting
735	733		procedures established under its bylaws. However, all receipts and
736	734		disbursements of funds handled by the Commission shall be subject
737	735		to an annual financial review by a certified or licensed public
738	736		accountant, and the report of the financial review shall be
739	737		included in and become part of the annual report of the Commission.
740	738		H. Qualified Immunity, Defense, and Indemnification
741	739		1. The members, officers, executive director,
742	740		employees and representatives of the Commission shall be immune
743	741		from suit and liability, both personally and in their official
744	742		capacity, for any claim for damage to or loss of property or
745	743		personal injury or other civil liability caused by or arising out of
746	744		any actual or alleged act, error, or omission that occurred, or that
747	745		the person against whom the claim is made had a reasonable basis for
748	746		believing occurred within the scope of Commission employment,
749	747		duties or responsibilities; provided that nothing in this paragraph
750	748		shall be construed to protect any such person from suit or liability
751	749		for any damage, loss, injury, or liability caused by the
752	750		intentional or willful or wanton misconduct of that person. The
753	751		procurement of insurance of any type by the Commission shall not in
754	752		any way compromise or limit the immunity granted hereunder.
755	753		2. The Commission shall defend any member, officer,
756	754		executive director, employee, and representative of the Commission
757	755		in any civil action seeking to impose liability arising out of any
758	756		actual or alleged act, error, or omission that occurred within the
759	757		scope of Commission employment, duties, or responsibilities, or as
760	758		determined by the Commission that the person against whom the claim
761	759		is made had a reasonable basis for believing occurred within the
762	760		scope of Commission employment, duties, or responsibilities;
763	761		provided that nothing herein shall be construed to prohibit that
764	762		person from retaining their own counsel at their own expense; and
765	763		provided further, that the actual or alleged act, error, or
766	764		omission did not result from that person's intentional or willful
767	765		or wanton misconduct.
768	766		3. The Commission shall indemnify and hold harmless
769	767		any member, officer, executive director, employee, and
770	768		representative of the Commission for the amount of any settlement
771	769		or judgment obtained against that person arising out of any actual
772	770		or alleged act, error, or omission that occurred within the scope of
773	771		Commission employment, duties, or responsibilities, or that such
774	772		person had a reasonable basis for believing occurred within the
775	773		scope of Commission employment, duties, or responsibilities,
776	774		provided that the actual or alleged act, error, or omission did not
777	775		result from the intentional or willful or wanton misconduct of that
778	776		person.
779	777		4. Nothing herein shall be construed as a limitation
780	778		on the liability of any Licensee for professional malpractice or
781	779		misconduct, which shall be governed solely by any other applicable
782	780		State laws.
783	781		5. Nothing in this Compact shall be interpreted to
784	782		waive or otherwise abrogate a Member State's state action immunity
785	783		or state action affirmative defense with respect to antitrust
786	784		claims under the Sherman Act, Clayton Act, or any other State or
787	785		federal antitrust or anticompetitive law or regulation.
788	786		6. Nothing in this Compact shall be construed to be a
789	787		waiver of sovereign immunity by the Member States or by the
790	788		Commission.
791	789		SECTION 11. DATA SYSTEM
792	790		A. The Commission shall provide for the development,
793	791		maintenance, operation, and utilization of a coordinated Data
794	792		System.
795	793		B. The Commission shall assign each applicant for a
796	794		Multistate License a unique identifier, as determined by the Rules
797	795		of the Commission.
798	796		C. Notwithstanding any other provision of State law to the
799	797		contrary, a Member State shall submit a uniform data set to the Data
800	798		System on all individuals to whom this Compact is applicable as
801	799		required by the Rules of the Commission, including:
802	800		1. Identifying information;
803	801		2. Licensure data;
804	802		3. Adverse Actions against a license and information
805	803		related thereto;
806	804		4. Non-confidential information related to
807	805		Alternative Program participation, the beginning and ending dates
808	806		of such participation, and other information related to such
809	807		participation not made confidential under Member State law;
810	808		5. Any denial of application for licensure, and the
811	809		reason(s) for such denial;
812	810		6. The presence of Current Significant Investigative
813	811		Information; and
814	812		7. Other information that may facilitate the
815	813		administration of this Compact or the protection of the public, as
816	814		determined by the Rules of the Commission.
817	815		D. The records and information provided to a Member State
818	816		pursuant to this Compact or through the Data System, when certified
819	817		by the Commission or an agent thereof, shall constitute the
820	818		authenticated business records of the Commission, and shall be
821	819		entitled to any associated hearsay exception in any relevant
822	820		judicial, quasi-judicial or administrative proceedings in a Member
823	821		State.
824	822		E. Current Significant Investigative Information
825	823		pertaining to a Licensee in any Member State will only be available
826	824		to other Member States.
827	825		1. It is the responsibility of the Member States to
828	826		report any Adverse Action against a Licensee and to monitor the
829	827		database to determine whether Adverse Action has been taken against
830	828		a Licensee. Adverse Action information pertaining to a Licensee in
831	829		any Member State will be available to any other Member State.
832	830		F. Member States contributing information to the Data
833	831		System may designate information that may not be shared with the
834	832		public without the express permission of the contributing State.
835	833		G. Any information submitted to the Data System that is
836	834		subsequently expunged pursuant to federal law or the laws of the
837	835		Member State contributing the information shall be removed from the
838	836		Data System.
839	837		SECTION 12. RULEMAKING
840	838		A. The Commission shall promulgate reasonable Rules in
841	839		order to effectively and efficiently implement and administer the
842	840		purposes and provisions of the Compact. A Rule shall be invalid and
843	841		have no force or effect only if a court of competent jurisdiction
844	842		holds that the Rule is invalid because the Commission exercised its
845	843		rulemaking authority in a manner that is beyond the scope and
846	844		purposes of the Compact, or the powers granted hereunder, or based
847	845		upon another applicable standard of review.
848	846		B. The Rules of the Commission shall have the force of law in
849	847		each Member State, provided however that where the Rules of the
850	848		Commission conflict with the laws of the Member State that
851	849		establish the Member State's laws, regulations, and applicable
852	850		standards that govern the practice of Social Work as held by a court
853	851		of competent jurisdiction, the Rules of the Commission shall be
854	852		ineffective in that State to the extent of the conflict.
855	853		C. The Commission shall exercise its Rulemaking powers
856	854		pursuant to the criteria set forth in this Section and the Rules
857	855		adopted thereunder. Rules shall become binding on the day
858	856		following adoption or the date specified in the rule or amendment,
859	857		whichever is later.
860	858		D. If a majority of the legislatures of the Member States
861	859		rejects a Rule or portion of a Rule, by enactment of a statute or
862	860		resolution in the same manner used to adopt the Compact within four
863	861		(4) years of the date of adoption of the Rule, then such Rule shall
864	862		have no further force and effect in any Member State.
865	863		E. Rules shall be adopted at a regular or special meeting of
866	864		the Commission.
867	865		F. Prior to adoption of a proposed Rule, the Commission
868	866		shall hold a public hearing and allow persons to provide oral and
869	867		written comments, data, facts, opinions, and arguments.
870	868		G. Prior to adoption of a proposed Rule by the Commission,
871	869		and at least thirty (30) days in advance of the meeting at which the
872	870		Commission will hold a public hearing on the proposed Rule, the
873	871		Commission shall provide a Notice of Proposed Rulemaking:
874	872		1. On the website of the Commission or other publicly
875	873		accessible platform;
876	874		2. To persons who have requested notice of the
877	875		Commission's notices of proposed rulemaking, and
878	876		3. In such other way(s) as the Commission may by Rule
879	877		specify.
880	878		H. The Notice of Proposed Rulemaking shall include:
881	879		1. The time, date, and location of the public hearing
882	880		at which the Commission will hear public comments on the proposed
883	881		Rule and, if different, the time, date, and location of the meeting
884	882		where the Commission will consider and vote on the proposed Rule;
885	883		2. If the hearing is held via telecommunication, video
886	884		conference, or other electronic means, the Commission shall include
887	885		the mechanism for access to the hearing in the Notice of Proposed
888	886		Rulemaking;
889	887		3. The text of the proposed Rule and the reason
890	888		therefor;
891	889		4. A request for comments on the proposed Rule from any
892	890		interested person; and
893	891		5. The manner in which interested persons may submit
894	892		written comments.
895	893		I. All hearings will be recorded. A copy of the recording
896	894		and all written comments and documents received by the Commission
897	895		in response to the proposed Rule shall be available to the public.
898	896		J. Nothing in this section shall be construed as requiring a
899	897		separate hearing on each Rule. Rules may be grouped for the
900	898		convenience of the Commission at hearings required by this section.
901	899		K. The Commission shall, by majority vote of all members,
902	900		take final action on the proposed Rule based on the Rulemaking
903	901		record and the full text of the Rule.
904	902		1. The Commission may adopt changes to the proposed
905	903		Rule provided the changes do not enlarge the original purpose of the
906	904		proposed Rule.
907	905		2. The Commission shall provide an explanation of the
908	906		reasons for substantive changes made to the proposed Rule as well as
909	907		reasons for substantive changes not made that were recommended by
910	908		commenters.
911	909		3. The Commission shall determine a reasonable
912	910		effective date for the Rule. Except for an emergency as provided in
913	911		Section 12.L, the effective date of the rule shall be no sooner than
914	912		30 days after issuing the notice that it adopted or amended the
915	913		Rule.
916	914		L. Upon determination that an emergency exists, the
917	915		Commission may consider and adopt an emergency Rule with 48 hours'
918	916		notice, with opportunity to comment, provided that the usual
919	917		Rulemaking procedures provided in the Compact and in this section
920	918		shall be retroactively applied to the Rule as soon as reasonably
921	919		possible, in no event later than ninety (90) days after the
922	920		effective date of the Rule. For the purposes of this provision, an
923	921		emergency Rule is one that must be adopted immediately in order to:
924	922		1. Meet an imminent threat to public health, safety,
925	923		or welfare;
926	924		2. Prevent a loss of Commission or Member State funds;
927	925		3. Meet a deadline for the promulgation of a Rule that
928	926		is established by federal law or rule; or
929	927		4. Protect public health and safety.
930	928		M. The Commission or an authorized committee of the
931	929		Commission may direct revisions to a previously adopted Rule for
932	930		purposes of correcting typographical errors, errors in format,
933	931		errors in consistency, or grammatical errors. Public notice of any
934	932		revisions shall be posted on the website of the Commission. The
935	933		revision shall be subject to challenge by any person for a period of
936	934		thirty (30) days after posting. The revision may be challenged only
937	935		on grounds that the revision results in a material change to a Rule.
938	936		A challenge shall be made in writing and delivered to the Commission
939	937		prior to the end of the notice period. If no challenge is made, the
940	938		revision will take effect without further action. If the revision
941	939		is challenged, the revision may not take effect without the
942	940		approval of the Commission.
943	941		N. No Member State's rulemaking requirements shall apply
944	942		under this compact.
945	943		SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
946	944		A. Oversight
947	945		1. The executive and judicial branches of State
948	946		government in each Member State shall enforce this Compact and take
949	947		all actions necessary and appropriate to implement the Compact.
950	948		2. Except as otherwise provided in this Compact, venue
951	949		is proper and judicial proceedings by or against the Commission
952	950		shall be brought solely and exclusively in a court of competent
953	951		jurisdiction where the principal office of the Commission is
954	952		located. The Commission may waive venue and jurisdictional
955	953		defenses to the extent it adopts or consents to participate in
956	954		alternative dispute resolution proceedings. Nothing herein shall
957	955		affect or limit the selection or propriety of venue in any action
958	956		against a Licensee for professional malpractice, misconduct or any
959	957		such similar matter.
960	958		3. The Commission shall be entitled to receive service
961	959		of process in any proceeding regarding the enforcement or
962	960		interpretation of the Compact and shall have standing to intervene
963	961		in such a proceeding for all purposes. Failure to provide the
964	962		Commission service of process shall render a judgment or order void
965	963		as to the Commission, this Compact, or promulgated Rules.
966	964		B. Default, Technical Assistance, and Termination
967	965		1. If the Commission determines that a Member State
968	966		has defaulted in the performance of its obligations or
969	967		responsibilities under this Compact or the promulgated Rules, the
970	968		Commission shall provide written notice to the defaulting State.
971	969		The notice of default shall describe the default, the proposed
972	970		means of curing the default, and any other action that the
973	971		Commission may take, and shall offer training and specific
974	972		technical assistance regarding the default.
975	973		2. The Commission shall provide a copy of the notice of
976	974		default to the other Member States.
977	975		C. If a State in default fails to cure the default, the
978	976		defaulting State may be terminated from the Compact upon an
979	977		affirmative vote of a majority of the delegates of the Member
980	978		States, and all rights, privileges and benefits conferred on that
981	979		State by this Compact may be terminated on the effective date of
982	980		termination. A cure of the default does not relieve the offending
983	981		State of obligations or liabilities incurred during the period of
984	982		default.
985	983		D. Termination of membership in the Compact shall be imposed
986	984		only after all other means of securing compliance have been
987	985		exhausted. Notice of intent to suspend or terminate shall be given
988	986		by the Commission to the governor, the majority and minority
989	987		leaders of the defaulting State's legislature, the defaulting
990	988		State's State Licensing Authority and each of the Member States'
991	989		State Licensing Authority.
992	990		E. A State that has been terminated is responsible for all
993	991		assessments, obligations, and liabilities incurred through the
994	992		effective date of termination, including obligations that extend
995	993		beyond the effective date of termination.
996	994		F. Upon the termination of a State's membership from this
997	995		Compact, that State shall immediately provide notice to all
998	996		Licensees within that State of such termination. The terminated
999	997		State shall continue to recognize all licenses granted pursuant to
1000	998		this Compact for a minimum of six (6) months after the date of said
1001	999		notice of termination.
1002	1000		G. The Commission shall not bear any costs related to a
1003	1001		State that is found to be in default or that has been terminated
1004	1002		from the Compact, unless agreed upon in writing between the
1005	1003		Commission and the defaulting State.
1006	1004		H. The defaulting State may appeal the action of the
1007	1005		Commission by petitioning the U.S. District Court for the District
1008	1006		of Columbia or the federal district where the Commission has its
1009	1007		principal offices. The prevailing party shall be awarded all costs
1010	1008		of such litigation, including reasonable attorney's fees.
1011	1009		I. Dispute Resolution
1012	1010		1. Upon request by a Member State, the Commission
1013	1011		shall attempt to resolve disputes related to the Compact that arise
1014	1012		among Member States and between Member and non-Member States.
1015	1013		2. The Commission shall promulgate a Rule providing
1016	1014		for both mediation and binding dispute resolution for disputes as
1017	1015		appropriate.
1018	1016		J. Enforcement
1019	1017		1. By majority vote as provided by Rule, the
1020	1018		Commission may initiate legal action against a Member State in
1021	1019		default in the United States District Court for the District of
1022	1020		Columbia or the federal district where the Commission has its
1023	1021		principal offices to enforce compliance with the provisions of the
1024	1022		Compact and its promulgated Rules. The relief sought may include
1025	1023		both injunctive relief and damages. In the event judicial
1026	1024		enforcement is necessary, the prevailing party shall be awarded all
1027	1025		costs of such litigation, including reasonable attorney's fees. The
1028	1026		remedies herein shall not be the exclusive remedies of the
1029	1027		Commission. The Commission may pursue any other remedies available
1030	1028		under federal or the defaulting Member State's law.
1031	1029		2. A Member State may initiate legal action against
1032	1030		the Commission in the U.S. District Court for the District of
1033	1031		Columbia or the federal district where the Commission has its
1034	1032		principal offices to enforce compliance with the provisions of the
1035	1033		Compact and its promulgated Rules. The relief sought may include
1036	1034		both injunctive relief and damages. In the event judicial
1037	1035		enforcement is necessary, the prevailing party shall be awarded all
1038	1036		costs of such litigation, including reasonable attorney's fees.
1039	1037		3. No person other than a Member State shall enforce
1040	1038		this compact against the Commission.
1041	1039		SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1042	1040		A. The Compact shall come into effect on the date on which
1043	1041		the Compact statute is enacted into law in the seventh Member State.
1044	1042		1. On or after the effective date of the Compact, the
1045	1043		Commission shall convene and review the enactment of each of the
1046	1044		first seven Member States ("Charter Member States") to determine if
1047	1045		the statute enacted by each such Charter Member State is materially
1048	1046		different than the model Compact statute.
1049	1047		a. A Charter Member State whose enactment is
1050	1048		found to be materially different from the model Compact statute
1051	1049		shall be entitled to the default process set forth in Section 13.
1052	1050		b. If any Member State is later found to be in
1053	1051		default, or is terminated or withdraws from the Compact, the
1054	1052		Commission shall remain in existence and the Compact shall remain
1055	1053		in effect even if the number of Member States should be less than
1056	1054		seven.
1057	1055		2. Member States enacting the Compact subsequent to
1058	1056		the seven initial Charter Member States shall be subject to the
1059	1057		process set forth in Section 10(C)(21) to determine if their
1060	1058		enactments are materially different from the model Compact statute
1061	1059		and whether they qualify for participation in the Compact.
1062	1060		3. All actions taken for the benefit of the Commission
1063	1061		or in furtherance of the purposes of the administration of the
1064	1062		Compact prior to the effective date of the Compact or the Commission
1065	1063		coming into existence shall be considered to be actions of the
1066	1064		Commission unless specifically repudiated by the Commission.
1067	1065		4. Any State that joins the Compact subsequent to the
1068	1066		Commission's initial adoption of the Rules and bylaws shall be
1069	1067		subject to the Rules and bylaws as they exist on the date on which
1070	1068		the Compact becomes law in that State. Any Rule that has been
1071	1069		previously adopted by the Commission shall have the full force and
1072	1070		effect of law on the day the Compact becomes law in that State.
1073	1071		B. Any Member State may withdraw from this Compact by
1074	1072		enacting a statute repealing the same.
1075	1073		1. A Member State's withdrawal shall not take effect
1076	1074		until 180 days after enactment of the repealing statute.
1077	1075		2. Withdrawal shall not affect the continuing
1078	1076		requirement of the withdrawing State's Licensing Authority to
1079	1077		comply with the investigative and Adverse Action reporting
1080	1078		requirements of this Compact prior to the effective date of
1081	1079		withdrawal.
1082	1080		3. Upon the enactment of a statute withdrawing from
1083	1081		this compact, a State shall immediately provide notice of such
1084	1082		withdrawal to all Licensees within that State. Notwithstanding any
1085	1083		subsequent statutory enactment to the contrary, such withdrawing
1086	1084		State shall continue to recognize all licenses granted pursuant to
1087	1085		this compact for a minimum of 180 days after the date of such notice
1088	1086		of withdrawal.
1089	1087		C. Nothing contained in this Compact shall be construed to
1090	1088		invalidate or prevent any licensure agreement or other cooperative
1091	1089		arrangement between a Member State and a non-Member State that does
1092	1090		not conflict with the provisions of this Compact.
1093	1091		D. This Compact may be amended by the Member States. No
1094	1092		amendment to this Compact shall become effective and binding upon
1095	1093		any Member State until it is enacted into the laws of all Member
1096	1094		States.
1097	1095		SECTION 15. CONSTRUCTION AND SEVERABILITY
1098	1096		A. This Compact and the Commission's rulemaking authority
1099	1097		shall be liberally construed so as to effectuate the purposes, and
1100	1098		the implementation and administration of the Compact. Provisions
1101	1099		of the Compact expressly authorizing or requiring the promulgation
1102	1100		of Rules shall not be construed to limit the Commission's
1103	1101		rulemaking authority solely for those purposes.
1104	1102		B. The provisions of this Compact shall be severable and if
1105	1103		any phrase, clause, sentence or provision of this Compact is held by
1106	1104		a court of competent jurisdiction to be contrary to the
1107	1105		constitution of any Member State, a State seeking participation in
1108	1106		the Compact, or of the United States, or the applicability thereof
1109	1107		to any government, agency, person or circumstance is held to be
1110	1108		unconstitutional by a court of competent jurisdiction, the validity
1111	1109		of the remainder of this Compact and the applicability thereof to
1112	1110		any other government, agency, person or circumstance shall not be
1113	1111		affected thereby.
1114	1112		C. Notwithstanding subsection B of this section, the
1115	1113		Commission may deny a State's participation in the Compact or, in
1116	1114		accordance with the requirements of Section 13.B, terminate a
1117	1115		Member State's participation in the Compact, if it determines that
1118	1116		a constitutional requirement of a Member State is a material
1119	1117		departure from the Compact. Otherwise, if this Compact shall be
1120	1118		held to be contrary to the constitution of any Member State, the
1121	1119		Compact shall remain in full force and effect as to the remaining
1122	1120		Member States and in full force and effect as to the Member State
1123	1121		affected as to all severable matters.
1124	1122		SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1125	1123		A. A Licensee providing services in a Remote State under a
1126	1124		Multistate Authorization to Practice shall adhere to the laws and
1127	1125		regulations, including laws, regulations, and applicable
1128	1126		standards, of the Remote State where the client is located at the
1129	1127		time care is rendered.
1130	1128		B. Nothing herein shall prevent or inhibit the enforcement
1131	1129		of any other law of a Member State that is not inconsistent with the
1132	1130		Compact.
1133	1131		C. Any laws, statutes, regulations, or other legal
1134	1132		requirements in a Member State in conflict with the Compact are
1135	1133		superseded to the extent of the conflict.
1136	1134		D. All permissible agreements between the Commission and
1137	1135		the Member States are binding in accordance with their terms.
1138	1136		Sec. 505.652. ADMINISTRATION OF COMPACT. The executive
1139	1137		council is the Social Work Licensure Compact administrator for this
1140	1138		state.
1141	1139		Sec. 505.653. RULES. The executive council may adopt rules
1142	1140		necessary to implement this subchapter.
1143	1141		SECTION 2. This Act takes effect September 1, 2025.