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2025 SENATE BILL 74
February 26, 2025 - Introduced by Senators STAFSHOLT, CABRAL-GUEVARA,
CARPENTER, DASSLER-ALFHEIM, DRAKE, JAMES, KEYESKI, LARSON, PFAFF,
SPREITZER, WALL, RATCLIFF and L. JOHNSON, cosponsored by Representatives
VANDERMEER, TITTL, ANDERSON, BARE, DITTRICH, DOYLE, EMERSON,
FRANKLIN, GREEN, GUNDRUM, J. JACOBSON, JOERS, JOHNSON, KNODL,
MELOTIK, MIRESSE, MOORE OMOKUNDE, MURSAU, NOVAK, O'CONNOR, PHELPS
and ROE. Referred to Committee on Health.
AN ACT to renumber 457.25 (1); to amend 46.90 (4) (ab) 4., 48.56 (2), 48.561
(2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1)
(r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 252.14 (1) (ar) 7., 252.15 (1) (er),
253.10 (2) (f), 303.08 (1) (f), 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (m),
450.10 (3) (a) 10., 457.01 (1c), 457.01 (1r), 457.01 (10), 457.02 (5) and (5m),
457.03 (2), 457.033, 457.035 (2), 457.04 (1), 457.04 (2), 457.04 (4), 457.04 (7),
457.09 (4) (b) 1., 457.09 (4) (b) 2., 457.24 (1), 457.26 (2) (intro.) and 905.04 (1)
(g); to repeal and recreate 632.89 (1) (dm); to create 14.898, 440.03 (11m) (c)
2v., 440.03 (13) (c) 1. id., 457.01 (5g), 457.01 (5j), 457.01 (12), 457.08 (4m),
457.25 (1g) and subchapter III of chapter 457 [precedes 457.70] of the statutes;
relating to: ratification of the Social Work Licensure Compact.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Social Work Licensure
Compact, which provides for the ability of a social worker to become eligible to
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practice in other compact states. Significant provisions of the compact include the
following:
1. The creation of a Social Work Licensure Compact Commission, which
includes one member or administrator of the licensure authorities of each member
state. The commission has various powers and duties granted in the compact,
including establishing bylaws, promulgating binding rules for the compact, hiring
officers, electing or appointing employees, and establishing and electing an
executive committee. The commission may levy on and collect an annual
assessment from each member state or impose fees on licensees of member states to
cover the cost of the operations and activities of the commission and its staff.
2. The ability for a social worker who is licensed in a home state and satisfies
certain other criteria to obtain a multistate license, which allows a social worker to
practice social work in all other compact states (remote states) under a multistate
authorization to practice. The compact specifies a number of requirements in order
for an individual to obtain a social worker multistate license, including holding or
being eligible for a social worker license in a home state, paying any required fees,
and satisfying a number of criteria that are specific to the category of social work
license the individual is seeking—bachelor[s, master[s, or clinical. A regulated
social worker[s services in a remote state are subject to that member state[s
regulatory authority. A remote state may take actions against a social worker[s
multistate authorization to practice within that remote state, and if any adverse
action is taken by a home state against a licensee[s multistate license, the social
worker[s multistate authorization to practice in all other member states is
deactivated until all encumbrances have been removed from the multistate license.
3. The ability of member states to issue subpoenas that are enforceable in
other states.
4. The creation of a coordinated data system containing licensure and
disciplinary action information on social workers. The compact requires all home
state disciplinary orders that impose adverse actions against the license of a
regulated social worker to 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. A member state must
submit a uniform data set to the data system on all individuals to whom the
compact is applicable as required by the rules of the commission.
5. Provisions regarding resolutions of disputes among member states and
between member and nonmember states, including a process for termination of a
state[s membership in the compact if the state defaults on its obligations under the
compact.
Since the compact has already been enacted by the minimum number of states
required for it to become active, the compact becomes effective in this state upon
enactment of the bill. The compact provides that it may be amended upon
enactment of an amendment by all member states. A state may withdraw from the
compact by repealing the statute authorizing the compact, but the compact provides 2025 - 2026 Legislature
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SECTION 1
that a withdrawal does not take effect until 180 days after the effective date of that
repeal.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 14.898 of the statutes is created to read:
14.898 Social work licensure compact. There is created a social work
licensure compact commission as specified in s. 457.70. The delegate on the
commission representing this state shall be appointed by the marriage and family
therapy, professional counseling, and social work examining board as provided in s.
457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b.
The commission has the powers and duties granted and imposed under s. 457.70.
SECTION 2. 46.90 (4) (ab) 4. of the statutes is amended to read:
46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and
family therapist certified under, as those terms are defined in subch. I of ch. 457 or
a professional counselor who is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 3. 48.56 (2) of the statutes is amended to read:
48.56 (2) Each county department shall employ personnel who devote all or
part of their time to child welfare services. Whenever possible, these personnel
shall be social workers certified under subch. I of ch. 457, as defined in s. 457.01
(10).
SECTION 4. 48.561 (2) of the statutes is amended to read:
48.561 (2) The department shall employ personnel in a county having a
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population of 750,000 or more who devote all of their time directly or indirectly to
child welfare services. Whenever possible, these personnel shall be social workers
certified under subch. I of ch. 457, as defined in s. 457.01 (10).
SECTION 5. 49.45 (30j) (a) 1. of the statutes is amended to read:
49.45 (30j) (a) 1. XCompetent mental health professionalY means a physician
who has completed a residence in psychiatry; a psychologist; a private practice
school psychologist who is licensed under ch. 455; a marriage and family therapist
who is licensed under s. 457.10 or 457.11; a professional counselor who is licensed
under s. 457.12 or 457.13 or who is exercising the professional counselor privilege to
practice, as defined in s. 457.50 (2) (s) 457.01 (7), in this state; an advanced practice
social worker who holds a certificate under s. 457.08 (2), as defined in s. 457.01 (1c);
an independent social worker who holds a certificate under s. 457.08 (3), as defined
in s. 457.01 (2g); a clinical social worker who is licensed under s. 457.08 (4), as
defined in s. 457.01 (1r); a clinical substance abuse counselor or independent
clinical supervisor who is certified under s. 440.88, or any of these individuals who
is practicing under a currently valid training or temporary license or certificate
granted under applicable provisions of ch. 457. XCompetent mental health
professionalY does not include an individual whose license, certificate, or privilege
is suspended, revoked, or voluntarily surrendered, or whose license, certificate, or
privilege is limited or restricted, when practicing in areas prohibited by the
limitation or restriction.
SECTION 6. 51.03 (6) (a) of the statutes is amended to read:
51.03 (6) (a) In this subsection, Xlicensed treatment professionalY means a
physician who has completed a residence in psychiatry; a psychologist; a private
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practice school psychologist who is licensed under ch. 455; a marriage and family
therapist who is licensed under s. 457.10 or 457.11, as defined in s. 457.01 (3); a
professional counselor who is licensed under s. 457.12 or 457.13 or who is exercising
the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this
state, as defined in s. 457.01 (7); an advanced practice social worker who holds a
certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social
worker who is licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical
social worker who is licensed under s. 457.08 (4), as defined in s. 457.01 (1r); or any
of these individuals who is practicing under a currently valid training or temporary
license or certificate granted under applicable provisions of ch. 457. XLicensed
treatment professionalY does not include an individual whose license, certificate, or
privilege is suspended, revoked, or voluntarily surrendered, or whose license,
certificate, or privilege is limited or restricted, when practicing in areas prohibited
by the limitation or restriction.
SECTION 7. 55.043 (1m) (a) 4. of the statutes is amended to read:
55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and
family therapist certified under, as those terms are defined in subch. I of ch. 457 or
a professional counselor who is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 8. 146.81 (1) (hg) of the statutes is amended to read:
146.81 (1) (hg) A social worker, marriage and family therapist, or professional
counselor certified or licensed under, as those terms are defined in subch. I of ch.
457 or a professional counselor who is exercising the privilege to practice, as defined
in s. 457.50 (2) (s), in this state.
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SECTION 9. 146.89 (1) (r) 6. of the statutes is amended to read:
146.89 (1) (r) 6. A social worker who holds a certificate granted under subch.
I of ch. 457, as defined in s. 457.01 (10).
SECTION 10. 146.89 (1) (r) 7. of the statutes is amended to read:
146.89 (1) (r) 7. A marriage and family therapist who is licensed under subch.
I of ch. 457, as defined in s. 457.01 (3) or a professional counselor who is licensed
under subch. I of ch. 457, as defined in s. 457.01 (7).
SECTION 11. 146.997 (1) (d) 11. of the statutes is amended to read:
146.997 (1) (d) 11. A social worker, marriage and family therapist or
professional counselor certified under, as those terms are defined in subch. I of ch.
457 or a professional counselor who is exercising the privilege to practice, as defined
in s. 457.50 (2) (s), in this state.
SECTION 12. 252.14 (1) (ar) 7. of the statutes is amended to read:
252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
professional counselor certified or licensed under, as those terms are defined in
subch. I of ch. 457 or a professional counselor who is exercising the privilege to
practice, as defined in s. 457.50 (2) (s), in this state.
SECTION 13. 252.15 (1) (er) of the statutes is amended to read:
252.15 (1) (er) XSocial workerY means an individual who is certified or
licensed as a social worker, advanced practice social worker, independent social
worker, or clinical social worker under, as those terms are defined in subch. I of ch.
457.
SECTION 14. 253.10 (2) (f) of the statutes is amended to read:
253.10 (2) (f) XQualified person assisting the physicianY means a social
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worker certified under subch. I of ch. 457, as defined in s. 457.01 (10), a registered
nurse or a physician assistant to whom a physician who is to perform or induce an
abortion has delegated the responsibility, as the physician[s agent, for providing the
information required under sub. (3) (c) 2.
SECTION 15. 303.08 (1) (f) of the statutes is amended to read:
303.08 (1) (f) Obtaining counseling or therapy from an approved public
treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed
clinical social worker, as defined in s. 457.01 (1r), a professional counselor, as
defined in s. 457.01 (7), or a certified an independent social worker, as defined in s.
457.01 (2g), or an advanced practice social worker, as defined in s. 457.01 (1c), who
is authorized to practice psychotherapy under subch. I of ch. 457.
SECTION 16. 440.03 (11m) (c) 2v. of the statutes is created to read:
440.03 (11m) (c) 2v. The coordinated data system under s. 457.70 (11), if such
disclosure is required under the social work licensure compact under s. 457.70.
SECTION 17. 440.03 (13) (b) (intro.) of the statutes is amended to read:
440.03 (13) (b) (intro.) The department may investigate whether an applicant
for or holder of any of the following credentials has been charged with or convicted
of a crime only pursuant to rules promulgated by the department under this
paragraph, including rules that establish the criteria that the department will use
to determine whether an investigation under this paragraph is necessary, except as
provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3.,
448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 455.50 (3) (e)
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4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and
459.70 (3) (b) 2.:
SECTION 18. 440.03 (13) (c) 1. id. of the statutes is created to read:
440.03 (13) (c) 1. id. An applicant for any category of social worker multistate
license under s. 457.08 (4m) when required pursuant to the social work licensure
compact under s. 457.70.
SECTION 19. 440.15 of the statutes is amended to read:
440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3)
(e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and
459.70 (3) (b) 1., the department or a credentialing board may not require that an
applicant for a credential or a credential holder be fingerprinted or submit
fingerprints in connection with the department[s or the credentialing board[s
credentialing.
SECTION 20. 446.01 (1v) (m) of the statutes is amended to read:
446.01 (1v) (m) Marriage and family therapy, professional counseling, and
social work examining board under subch. I of ch. 457. XHealth care professionalY
also includes an individual who is exercising the professional counselor privilege to
practice, as defined in s. 457.50 (2) (s), in this state and an individual who is
exercising a multistate authorization to practice, as defined in s. 457.70 (2) (q),
under any category of social worker multistate license, as defined in s. 457.70 (2) (r),
in this state.
SECTION 21. 450.10 (3) (a) 10. of the statutes is amended to read:
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450.10 (3) (a) 10. A social worker, marriage and family therapist, or
professional counselor certified or licensed under, as those terms are defined in
subch. I of ch. 457 or a professional counselor who is exercising the privilege to
practice, as defined in s. 457.50 (2) (s), in this state.
SECTION 22. 457.01 (1c) of the statutes is amended to read:
457.01 (1c) XAdvanced practice social workerY means an individual who holds
an advanced practice social worker certificate granted by the social worker section
or who is exercising a multistate authorization to practice under a master[s-
category multistate license.
SECTION 23. 457.01 (1r) of the statutes is amended to read:
457.01 (1r) XClinical social workerY means an individual who holds a license
to practice clinical social work granted by the social worker section or who is
exercising a multistate authorization to practice under a clinical-category
multistate license.
SECTION 24. 457.01 (5g) of the statutes is created to read:
457.01 (5g) XMultistate authorization to practiceY means the multistate
authorization to practice, as defined in s. 457.70 (2) (q), of an individual to practice
the appropriate category of social work in this state under a multistate license
granted by another state that is a party to the social work licensure compact.
SECTION 25. 457.01 (5j) of the statutes is created to read:
457.01 (5j) XMultistate licenseY has the meaning given in s. 457.70 (2) (r).
SECTION 26. 457.01 (10) of the statutes is amended to read:
457.01 (10) XSocial workerY means an individual who holds a social worker
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certificate granted by the social worker section or who is exercising a multistate
authorization to practice under a bachelor[s-category multistate license.
SECTION 27. 457.01 (12) of the statutes is created to read:
457.01 (12) XSocial work licensure compactY means the social work licensure
compact under s. 457.70.
SECTION 28. 457.02 (5) and (5m) of the statutes are amended to read:
457.02 (5) Authorize any individual who is certified under s. 457.08 (1),
457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to
practice to use the title Xalcohol and drug counselorY or Xchemical dependency
counselorY unless the individual is certified as an alcohol and drug counselor or as
a chemical dependency counselor through a process recognized by the department.
(5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1),
or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to
treat substance use disorder as a specialty unless the individual is a certified
substance abuse counselor, clinical supervisor, or prevention specialist under s.
440.88, or unless the individual satisfies educational and supervised training
requirements established in rules promulgated by the examining board. In
promulgating rules under this subsection, the examining board shall consider the
requirements for qualifying as a certified substance abuse counselor, clinical
supervisor, or prevention specialist under s. 440.88.
SECTION 29. 457.03 (2) of the statutes is amended to read:
457.03 (2) Upon the advice of the social worker section, marriage and family
therapist section, and professional counselor section, promulgate rules establishing
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a code of ethics to govern the professional conduct of certificate credential holders
and licensees individuals exercising a multistate authorization to practice. The
rules shall specify the services included within the practice of social work, advanced
practice social work, or independent social work that an individual who is certified
under this subchapter as a social worker, advanced practice social worker, or
independent social worker may perform and the degree of supervision, if any,
required to perform those services.
SECTION 30. 457.033 of the statutes is amended to read:
457.033 Psychometric testing. The marriage and family therapy,
professional counseling, and social work examining board and the psychology
examining board shall jointly promulgate rules that specify the different levels of
psychometric testing that an individual who is certified or licensed under this
subchapter a credential holder, or an individual who holds a valid professional
counselor privilege to practice in this state is exercising a multistate authorization
to practice, is qualified to perform. Such rules shall be consistent with the
guidelines of the American Psychological Association, or other nationally
recognized guidelines, for performing psychometric testing. A certificate credential
holder, licensee, or holder of a professional counselor privilege or individual who is
exercising a multistate authorization to practice may not engage in psychometric
testing except as provided under the rules promulgated under this section.
SECTION 31. 457.035 (2) of the statutes is amended to read:
457.035 (2) The individual is certified as an advanced practice social worker
or independent social worker and the individual engages in psychotherapy only
under the supervision of an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.
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SECTION 32
SECTION 32. 457.04 (1) of the statutes is amended to read:
457.04 (1) Use the title Xsocial workerY unless the person is certified as a
social worker under this subchapter or holds a bachelor[s-category multistate
license granted in another state that is a party to the social work licensure compact.
SECTION 33. 457.04 (2) of the statutes is amended to read:
457.04 (2) Use the title Xadvanced practice social workerY unless the person is
certified as an advanced practice social worker under this subchapter or holds a
master[s-category multistate license granted in another state that is a party to the
social work licensure compact.
SECTION 34. 457.04 (4) of the statutes is amended to read:
457.04 (4) Practice clinical social work or designate himself or herself as a
clinical social worker or use or assume the title Xclinical social workerY or any other
title or designation that represents or may tend to represent the person as a clinical
social worker unless the person is licensed as a clinical social worker under this
subchapter or holds a clinical-category multistate license granted in another state
that is a party to the social work licensure compact or unless the person is certified
under this subchapter as an advanced practice social worker or independent social
worker or holds a master[s-category multistate license granted in another state that
is a party to the social work licensure compact, and the person practices clinical
social work under the supervision of a person who is licensed as a clinical social
worker under this subchapter.
SECTION 35. 457.04 (7) of the statutes is amended to read:
457.04 (7) Practice psychotherapy unless the person is licensed under this
subchapter, holds a valid professional counselor privilege to practice in this state, or
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is a certificate holder who may practice psychotherapy under except in accordance
with the rules promulgated under ss. 457.03 and 457.035.
SECTION 36. 457.08 (4m) of the statutes is created to read:
457.08 (4m) MULTISTATE SOCIAL WORK LICENSES. (a) The social worker
section shall grant a clinical-category multistate license to any of the following:
1. An individual who holds or is eligible for a clinical social worker license
under sub. (4), satisfies the requirements under s. 457.70 (4) (a) and (b), and pays
the fee specified in s. 440.05 (1).
2. An individual who holds a clinical-category multistate license in another
state that is a party to the social work licensure compact, has changed his or her
state of primary domicile to this state, satisfies the requirements under s. 457.70 (7)
(b), and pays the fee specified in s. 440.05 (1).
(b) The social worker section shall grant a master[s-category multistate
license to any of the following:
1. An individual who holds or is eligible for an advanced practice social worker
certificate under sub. (2), satisfies the requirements under s. 457.70 (4) (a) and (c),
and pays the fee specified in s. 440.05 (1).
2. An individual who holds a master[s-category multistate license in another
state that is a party to the social work licensure compact, has changed his or her
state of primary domicile to this state, satisfies the requirements under s. 457.70 (7)
(b), and pays the fee specified in s. 440.05 (1).
(c) The social worker section shall grant a bachelor[s-category multistate
license to any of the following:
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1. An individual who holds or is eligible for a social worker certificate under
sub. (1), satisfies the requirements under s. 457.70 (4) (a) and (d), and pays the fee
specified in s. 440.05 (1).
2. An individual who holds a bachelor[s-category multistate license in another
state that is a party to the social work licensure compact, has changed his or her
state of primary domicile to this state, satisfies the requirements under s. 457.70 (7)
(b), and pays the fee specified in s. 440.05 (1).
SECTION 37. 457.09 (4) (b) 1. of the statutes is amended to read:
457.09 (4) (b) 1. A human services internship that involves direct practice
with clients and that is supervised by a social worker certified under this
subchapter who has a bachelor[s or master[s degree in social work.
SECTION 38. 457.09 (4) (b) 2. of the statutes is amended to read:
457.09 (4) (b) 2. One year of social work employment that involves direct
practice with clients and that is supervised by a social worker certified under this
subchapter who has a bachelor[s or master[s degree in social work.
SECTION 39. 457.24 (1) of the statutes is amended to read:
457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social
worker, marriage and family therapist, or professional counselor under this
subchapter or who is exercising the professional counselor privilege to practice in
this state may not practice clinical social work, marriage and family therapy, or
professional counseling unless he or she has in effect professional liability
insurance. The examining board shall promulgate rules establishing the minimum
amount of insurance required under this subsection.
SECTION 40. 457.25 (1) of the statutes is renumbered 457.25 (1r).
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SECTION 41. 457.25 (1g) of the statutes is created to read:
457.25 (1g) In this section, Xcredential holderY includes an individual
practicing under a multistate authorization to practice.
SECTION 42. 457.26 (2) (intro.) of the statutes is amended to read:
457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
appropriate section of the examining board may reprimand a credential holder or
an individual practicing under a multistate authorization to practice or deny, limit,
suspend, or revoke a credential under this subchapter or a multistate authorization
to practice if it finds that the applicant or credential holder or individual has done
any of the following:
SECTION 43. Subchapter III of chapter 457 [precedes 457.70] of the statutes is
created to read:
CHAPTER 457
SUBCHAPTER III
SOCIAL WORK LICENSURE COMPACT
457.70 Social work licensure compact. (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;
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(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.
(2) DEFINITIONS. As used in this compact, and except as otherwise provided,
the following definitions shall apply:
(a) XActive military memberY 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) XAdverse actionY means any administrative, civil, equitable or criminal
action permitted by a state[s laws which is imposed by a licensing authority or other
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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) XAlternative programY means a nondisciplinary monitoring or practice
remediation process approved by a licensing authority to address practitioners with
an impairment.
(d) XCharter member statesY means member states who have enacted
legislation to adopt this compact where such legislation predates the effective date
of this compact as described in sub. (14).
(e) XCompact commissionY or XcommissionY 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 sub. (10),
and which shall operate as an instrumentality of the member states.
(f) XCurrent significant investigative informationY 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
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the commission, regardless of whether the regulated social worker has been notified
and has had an opportunity to respond.
(g) XData systemY 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) XDisqualifying eventY 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) XDomicileY means the jurisdiction in which the licensee resides and
intends to remain indefinitely.
(j) XEncumbranceY 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) XExecutive committeeY 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) XHome stateY means the member state that is the licensee[s primary
domicile.
(m) XImpairmentY means a condition(s) that may impair a practitioner[s
ability to engage in full and unrestricted practice as a regulated social worker
without some type of intervention and may include alcohol and drug dependence,
mental health impairment, and neurological or physical impairments.
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(n) XLicensee(s)Y means an individual who currently holds a license from a
state to practice as a regulated social worker.
(o) XLicensing authorityY means the board or agency of a member state, or
equivalent, that is responsible for the licensing and regulation of regulated social
workers.
(p) XMember stateY means a state, commonwealth, district, or territory of the
United States of America that has enacted this compact.
(q) XMultistate authorization to practiceY 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) XMultistate licenseY 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) XQualifying national examY means a national licensing examination
approved by the commission.
(t) XRegulated social workerY 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) XRemote stateY means a member state other than the licensee[s home
state.
(v) XRule(s)Y or Xrule(s) of the commissionY means a regulation or regulations
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duly promulgated by the commission, as authorized by the compact, that has the
force of law.
(w) XSingle state licenseY 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) XSocial workY or Xsocial work servicesY 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) XStateY means any state, commonwealth, district, or territory of the
United States of America that regulates the practice of social work.
(z) XUnencumbered licenseY means a license that authorizes a regulated
social worker to engage in the full and unrestricted practice of social work.
(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
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accredited, by an accrediting agency recognized by either the Council for Higher
Education Accreditation, or its successor; or the United States department of
education; and
c. Corresponds to the licensure sought as outlined in sub. (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 sub.
(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.
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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 pars. (a) and (b) 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 sub. (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.
(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,
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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 nonmember state within 30
days from the date the action is taken.
5. Meet any continuing competence requirements established by the home
state;
6. Abide by the laws, regulations, and applicable standards in the member
state where the client is located at the time care is rendered.
(b) An applicant for a clinical-category multistate license must meet all of the
following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a clinical-category qualifying national exam; or
b. Licensure of the applicant in their home state at the clinical category,
beginning prior to such time as a qualifying national exam was required by the
home state and accompanied by a period of continuous social work licensure
thereafter, all of which may be further governed by the rules of the commission; or
c. The substantial equivalency of the foregoing competency requirements
which the commission may determine by rule.
2 Attain at least a master[s degree in social work from a program that is:
a. Operated by a college or university recognized by the licensing authority;
and
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b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either the Council for Higher Education
Accreditation or its successor; or the United States department of education.
3. Fulfill a practice requirement, which shall be satisfied by demonstrating
completion of either:
a. A period of postgraduate supervised clinical practice equal to a minimum of
3,000 hours; or
b. A minimum of 2 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:
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a. Operated by a college or university recognized by the licensing authority;
and
b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either the Council for Higher Education
Accreditation or its successor; or 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 the Council for Higher Education
Accreditation or its successor; or 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
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maintain compliance with the requirements of par. (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.
(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 sub. (4).
(b) If such applicant is eligible pursuant to sub. (4), 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
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shall designate whether the regulated social worker holds a multistate license in
the bachelor[s, master[s, or clinical category of social work.
(d) A multistate license issued by a home state to a resident in that state shall
be recognized by all 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.
(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
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state to take adverse action against a licensee[s multistate license based upon
information provided by a remote state.
(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 2 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.
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5. Notwithstanding any other provision of this compact, if a licensee does not
meet the requirements set forth in this compact for the reissuance of a multistate
license by the new home state, 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 nonmember state, or from a nonmember 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.
(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.
(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
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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.
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(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 states of any adverse actions
by remote states.
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(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.
(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 sub. (14).
(b) Membership, voting, and meetings. 1. Each member state shall have and
be limited to one 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.
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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
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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;
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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
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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 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 5 voting members from the current membership
of the commission.
c. Up to 4 ex officio, nonvoting members from 4 recognized national social
work organizations.
d. The ex officio members will be selected by their respective organizations.
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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, nonpublic meeting as provided in par. (f)
2. below.
b. The executive committee shall give 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
par. (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, nonpublic meeting as provided in
subd. 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 rule-making provisions in sub.
(12), except that the commission may hold a special meeting as provided in subd. 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
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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, nonpublic meeting for the commission or
executive committee or other committees of the commission to receive legal advice
or to discuss:
a. Noncompliance 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;
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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 par. (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
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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 subdivision 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
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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
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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.
(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. Nonconfidential 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;
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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.
(12) RULE MAKING. (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
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a court of competent jurisdiction holds that the rule is invalid because the
commission exercised its rule-making 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 rule-making powers pursuant to the
criteria set forth in this subsection 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 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 30
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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 rule
making:
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 rule making, and
3. In such other way(s) as the commission may by rule specify.
(h) The notice of proposed rule making 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 rule making;
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 subsection shall be construed as requiring a separate
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hearing on each rule. Rules may be grouped for the convenience of the commission
at hearings required by this subsection.
(k) The commission shall, by majority vote of all members, take final action on
the proposed rule based on the rule-making 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 par. (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 rule-making procedures provided in the compact
and in this subsection shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than 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;
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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 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 rule-making requirements shall apply under this
compact.
(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
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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
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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 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
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shall attempt to resolve disputes related to the compact that arise among member
states and between member and nonmember 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.
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(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
7th 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 7 member states (Xcharter member
statesY) 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 sub. (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 7.
2. Member states enacting the compact subsequent to the 7 initial charter
member states shall be subject to the process set forth in sub. (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
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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 nonmember 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.
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(15) CONSTRUCTION AND SEVERABILITY. (a) This compact and the
commission[s rule-making 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 rule-making 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 par. (b), the commission may deny a state[s participation
in the compact or, in accordance with the requirements of sub. (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.
(16) CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. (a) A
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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.
457.71 Implementation of the social work licensure compact. (1) In
this section, Xmultistate authorization to practice Y has the meaning given in s.
457.70 (2) (q).
(2) (a) An individual who is exercising the multistate authorization to practice
in this state shall comply with s. 440.03 (13) (am).
(b) Subject to s. 457.70 and any rules promulgated thereunder, ss. 440.20 to
440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual
who is exercising the multistate authorization to practice in this state in the same
manner that they apply to holders of certificates or licenses issued under subch. I.
SECTION 44. 632.89 (1) (dm) of the statutes is repealed and recreated to read:
632.89 (1) (dm) XLicensed mental health professionalY means a clinical social
worker, a marriage and family therapist, or a professional counselor, as those terms
are defined in subch. I of ch. 457.
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SECTION 45. 905.04 (1) (g) of the statutes is amended to read:
905.04 (1) (g) XSocial workerY means an individual who is certified or licensed
as a social worker, advanced practice social worker, independent social worker, or
clinical social worker under, as those terms are defined in subch. I of ch. 457, or an
individual reasonably believed by the patient to be a social worker, advanced
practice social worker, independent social worker, or clinical social worker.
(END)
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