Bill Text: AZ SB1295 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Health professionals; compacts
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed) 2024-06-04 - House Committee of the Whole action: Do Pass Amended [SB1295 Detail]
Download: Arizona-2024-SB1295-Engrossed.html
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House Engrossed Senate Bill
advanced practice registered nurses; compact (now: health professionals; compacts) |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1295 |
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An Act
amending title 32, chapter 15, Arizona Revised Statutes, by adding article 2.2; amending title 32, chapter 32, Arizona Revised Statutes, by adding article 3.1; amending title 32, chapter 33, Arizona Revised Statutes, by adding article 5.1; relating to health professionals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 15, Arizona Revised Statutes, is amended by adding article 2.2, to read:
ARTICLE 2.2. ADVANCED PRACTICE REGISTERED NURSE COMPACT
32-1661. Advanced practice registered nurse compact
ARTICLE i
Findings and declaration of purpose
A. The party states find that:
1. The health and safety of the public are affected by the degree of compliance with APRN licensure requirements and the effectiveness of enforcement activities related to state APRN licensure laws.
2. Violations of APRN licensure and other laws regulating the practice of nursing may result in injury or harm to the public.
3. The expanded mobility of advanced practice registered nurses and the use of advanced communication and intervention technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of APRN licensure and regulation.
4. New practice modalities and technology make compliance with individual state APRN licensure laws difficult and complex.
5. The current system of duplicative APRN licensure for advanced practice registered nurses practicing in multiple states is cumbersome and redundant for health care delivery systems, payors, state licensing boards, regulators and advanced practice registered nurses.
6. Uniformity of APRN licensure requirements throughout the states promotes public safety and public health benefits as well as providing a mechanism to increase access to care.
B. The general purposes of this compact are to:
1. Facilitate the states' responsibility to protect the public's health and safety.
2. Ensure and encourage the cooperation of party states in the areas of APRN licensure and regulation, including promotion of uniform licensure requirements.
3. Facilitate the exchange of information between party states in the areas of APRN regulation, investigation and adverse actions.
4. Promote compliance with the laws governing APRN practice in each jurisdiction.
5. Invest all party states with the authority to hold an APRN accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state privileges to practice.
6. Decrease redundancies in the consideration and issuance of APRN licenses.
7. Provide opportunities for interstate practice by advanced practice registered nurses who meet uniform licensure requirements.
ARTICLE II
Definitions
As used in this compact:
1. "Advanced practice registered nurse" or "APRN" means a registered nurse who has gained additional specialized knowledge, skills and experience through a program of study recognized or defined by the commission and who is licensed to perform advanced nursing practice. An advanced practice registered nurse is licensed in an APRN role that is congruent with an APRN educational program, certification and commission rules.
2. "Adverse action" means any administrative, civil, equitable or criminal action allowed by a state's laws that is imposed by a licensing board or other authority against an APRN, including actions against an individual'S license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limit on the licensee's practice, or any other encumbrance on licensure affecting an APRN's authorization to practice, including the issuance of a cease and desist action.
3. "Alternative program" means a nondisciplinary monitoring program approved by a licensing board.
4. "APRN licensure" means the regulatory mechanism used by a party state to grant legal authority to practice as an APRN.
5. "APRN uniform licensure requirements" means the minimum uniform licensure, education and examination requirements set forth in Article III, subsection B of this compact.
6. "Commission" means the interstate commission of APRN compact administrators.
7. "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on APRN licensure and enforcement activities related to APRN licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
8. "Current significant investigatory information" means either:
(a) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the APRN to respond, if required by state law, has reason to believe is not groundless and that, if proved true, would indicate more than a minor infraction.
(b) Investigative information that indicates that the APRN represents an immediate threat to public health and safety regardless of whether the APRN has been notified and had an opportunity to respond.
9. "Encumbrance" means a revocation or suspension of, or any limit on, the full and unrestricted practice of nursing imposed by a licensing board in connection with a disciplinary proceeding.
10. "Home state" means the party state that is the APRN'S primary state of residence.
11. "Licensing board" means a party state's regulatory body that is responsible for regulating the practice of advanced practice registered nursing.
12. "Multistate license" means an APRN license to practice as an APRN issued by a home state licensing board that authorizes the APRN to practice as an APRN in all party states under a multistate licensure privilege, in the same role and population focus as the APRN is licensed in the home state.
13. "Multistate licensure privilege" means a legal authorization associated with an APRN multistate license that allows an APRN to practice as an APRN in a remote state, in the same role and population focus as the APRN is licensed in the home state.
14. "Noncontrolled prescription drug":
(a) Means a device or drug that is not a controlled substance and that is prohibited under state or federal law from being dispensed without a prescription.
(b) Includes a device or drug that bears or is required to bear the legend "Caution: federal law prohibits dispensing without prescription" or "prescription only" or another legend that complies with federal law.
15. "Party state" means any state that has adopted this compact.
16. "Population focus" means one of the following six population foci:
(a) Family/individual across the lifespan.
(b) Adult-gerontology.
(c) Pediatrics.
(d) Neonatal.
(e) Women's health/gender-related.
(f) Psych/mental health.
17. "Prescriptive authority" means the legal authority to prescribe medications and devices as defined by party state laws.
18. "Remote state" means a party state that is not the home state.
19. "Role" means one of the following four recognized roles:
(a) certified registered nurse anesthetists.
(b) certified nurse midwives.
(c) Clinical nurse specialists.
(d) Certified nurse practitioners (CNP).
20. "Single-state license" means an APRN license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
21. "State" means a state, territory or possession of the United States and the District of Columbia.
22. "State practice laws":
(a) Means a party state's laws, rules and regulations that govern APRN practice, define the scope of advanced nursing practice and create the methods and grounds for imposing discipline, except that prescriptive authority shall be treated in accordance with Article III, subsections F and G of this compact.
(b) Does not include:
(i) A party state's laws, rules and regulations requiring supervision or collaboration with a health care professional, except for laws, rules and regulations regarding prescribing controlled substances.
(ii) The requirements necessary to obtain and retain an APRN license, except for qualifications or requirements of the home state.
ARTICLE III
General Provisions and Jurisdiction
A. A state must implement procedures for considering the criminal history records of applicants for initial APRN licensure or APRN licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by APRN 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.
B. Each party state shall require an applicant to satisfy the following APRN uniform licensure requirements to obtain or retain a multistate license in the home state:
1. Meets the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws.
2. Has completed either:
(a) An accredited graduate-level education program that prepares the applicant for one of the four recognized roles and one of the six population foci.
(b) A foreign APRN education program for one of the four recognized roles and one of the six population foci that has been approved by the authorized accrediting body in the applicable country and has been verified by an independent credentials review agency to be comparable to a licensing board-approved APRN education program.
3. If a graduate of a foreign APRN education program not taught in English or if English is not the individual's native language, has successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening.
4. Has successfully passed a national certification examination that measures APRN, role and population-focused competencies and maintains continued competence as evidenced by recertification in the role and population focus through the national certification program.
5. Holds an active, unencumbered license as a registered nurse and an active, unencumbered authorization to practice as an APRN.
6. Has successfully passed an NCLEX-RNŽ examination or recognized predecessor, as applicable.
7. Has practiced for at least two thousand eighty hours as an APRN in a role and population focus congruent with the applicant's education and training. For the purposes of this paragraph, practice does not include hours obtained as part of enrollment in an APRN education program.
8. Has submitted, in connection with an application for initial licensure or licensure by endorsement, 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 or, if applicable, foreign country's criminal records.
9. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state, federal or foreign criminal law.
10. Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined by factors set forth in rules adopted by the commission.
11. Is not currently enrolled in an alternative program.
12. Is subject to self-disclosure requirements regarding current participation in an alternative program.
13. Has a valid United States Social Security number.
C. An APRN who is issued a multistate license shall be licensed in an approved role and at least one approved population focus.
D. An APRN multistate license issued by a home state to a resident in that state shall be recognized by each party state as authorizing the APRN to practice as an APRN in each party state, under a multistate licensure privilege, in the same role and population focus as the APRN is licensed in the home state.
E. This compact does not affect the requirements established by a party state for the issuance of a single-state license, except that an individual may apply for a single-state license, instead of a multistate license, even if otherwise qualified for the multistate license. the failure of such an individual to affirmatively opt for a single-state license may result in the issuance of a multistate license.
F. Issuance of an APRN multistate license shall include prescriptive authority for noncontrolled prescription drugs.
G. For each state in which an APRN seeks authority to prescribe controlled substances, the APRN shall satisfy all requirements imposed by that state in granting or renewing such authority.
H. An APRN who is issued a multistate license is authorized to assume responsibility and accountability for patient care independent of any supervisory or collaborative relationship. This authority may be exercised in the home state and in any remote state in which the APRN exercises a multistate licensure privilege.
I. All party states shall be authorized, in accordance with state due process laws, to take adverse action against an APRN's multistate licensure privilege such as revocation, suspension, probation or any other action that affects an APRN's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes an adverse action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
J. Except as otherwise expressly provided in this compact, an APRN who is practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. APRN practice is not limited to patient care, but shall include all advanced nursing practice as defined by the state practice laws of the party state in which the client is located. APRN practice in a party state under a multistate licensure privilege will subject the APRN to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
K. Except as otherwise expressly provided in this compact, this compact does not affect additional requirements imposed by states for advanced practice registered nursing. However, a multistate licensure privilege to practice registered nursing granted by a party state shall be recognized by other party states as satisfying any state law requirement for registered nurse licensure as a precondition for authorization to practice as an APRN in that state.
L. Individuals who do not reside in a party state shall continue to be able to apply for a party state's single-state APRN license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice as an APRN in any other party state.
ARTICLE IV
Applications for APRN Licensure in a Party State
A. On application for an APRN multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held or is the holder of a licensed practical or vocational nursing license, a registered nursing license or an advanced practice registered nurse license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
B. An APRN may hold a multistate APRN license issued by the home state in only one party state at a time.
C. If an APRN changes primary state of residence by moving between two party states, the APRN must apply for APRN licensure in the new home state, and the multistate license issued by the prior home state shall be deactivated in accordance with applicable commission rules, as follows:
1. The APRN may apply for licensure in advance of a change in primary state of residence.
2. A multistate APRN license shall not be issued by the new home state until the APRN provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate APRN license from the new home state.
D. If an APRN changes primary state of residence by moving from a party state to a nonparty state, the APRN multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
ARTICLE V
Additional authorities invested in
party state licensing boards
A. In addition to the other powers conferred by state law, a licensing board shall have the authority to:
1. Take adverse action against an APRN's multistate licensure privilege to practice within that party state, subject to the following:
(a) Only the home state shall have power to take adverse action against an APRN's license issued by the home state.
(b) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct that occurred outside of the home state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
2. Issue cease and desist orders or impose an encumbrance on an APRN's authority to practice within that party state.
3. Complete any pending investigations of an APRN who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a party state licensing board for the attendance and testimony of witnesses and the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing licensing board shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses and evidence are located.
5. Obtain and submit, for an APRN licensure applicant, fingerprints or other biometric-based information to the federal bureau of investigation for criminal background checks, receive the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.
6. If otherwise allowed by state law, recover from the affected APRN the costs of investigations and disposition of cases resulting from any adverse action taken against that APRN.
7. Take adverse action based on the factual findings of another party state, provided that the licensing board follows its own procedures for taking such adverse action.
B. If adverse action is taken by a home state against an APRN's multistate licensure, the privilege to practice in all other party states under a multistate licensure privilege shall be deactivated until all encumbrances have been removed from the APRN's multistate license. All home state disciplinary orders that impose adverse action against an APRN's multistate license shall include a statement that the APRN's multistate licensure privilege is deactivated in all party states during the pendency of the order.
C. This compact does not override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any APRN for the duration of the APRN's participation in an alternative program.
ARTICLE VI
Coordinated licensure information system
and exchange of information
A. All party states shall participate in a coordinated licensure information system of all APRNs, licensed registered nurses and licensed practical or vocational nurses. This system shall include information on the licensure and disciplinary history of each APRN, as submitted by party states, to assist in the coordinated administration of APRN licensure and enforcement efforts.
B. The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
C. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications with the reasons for such denials and APRN participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
D. Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
E. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent allowed by the laws of the party state contributing the information.
F. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing the information shall be removed from the coordinated licensure information system.
G. The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state that includes, at a minimum:
1. Identifying information.
2. Licensure data.
3. Information related to alternative program participation.
4. Other information that may facilitate the administration of this compact, as determined by commission rules.
H. The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
ARTICLE VII
Establishment of the interstate commission of
APRN compact administrators
A. The party states hereby create and establish a joint public agency known as the Interstate commission of APRN compact administrators. The commission is an instrumentality of the party states. Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. This compact is not a waiver of sovereign immunity.
B. Membership, Voting and Meetings are as follows:
1. Each party state shall have and be limited to one administrator. The head of the state licensing board or that person's designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
2. Each administrator is entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication.
3. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.
4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII of this compact.
5. The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following:
(a) Noncompliance of a party state with its obligations under this compact.
(b) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures.
(c) Current, threatened or reasonably anticipated litigation.
(d) Negotiation of contracts for the purchase or sale of goods, services or real estate.
(e) Accusing any person of a crime or formally censuring any person.
(f) Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
(g) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
(h) Disclosure of investigatory records compiled for law enforcement purposes.
(i) Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigating compliance with this compact.
(j) Matters specifically exempted from disclosure by federal or state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to PARAGRAPH 5 of this subsection, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. 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 therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
C. The commission, by a majority vote of the administrators, shall prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to:
1. Establishing the fiscal year of the commission.
2. Providing reasonable standards and procedures for both:
(a) The establishment and meetings of other committees.
(b) Governing any general or specific delegation of any authority or function of the commission.
3. Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed.
4. Establishing the titles, duties and authority and reasonable procedures for electing the officers of the commission.
5. Providing reasonable standards and procedures for establishing the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission.
6. Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus monies that may exist after the termination of this compact after the payment and reserving of all of its debts and obligations.
D. The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the commission.
E. The commission shall maintain its financial records in accordance with the bylaws.
F. The commission shall meet and take such actions as are consistent with this compact and the bylaws.
G. The commission shall have the following powers:
1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states.
2. To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected.
3. To purchase and maintain insurance and bonds.
4. To borrow, accept or contract for services of personnel, including employees of a party state or nonprofit organizations.
5. To cooperate with other organizations that administer state compacts related to the regulation of nursing, including sharing administrative or staff expenses, office space or other resources.
6. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters.
7. To accept any and all appropriate donations, grants and gifts of monies, equipment, supplies, materials and services, and receive, use and dispose of the same. At all times the commission shall strive to avoid any appearance of impropriety or conflict of interest.
8. To lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, whether real, personal or mixed. At all times the commission shall strive to avoid any appearance of impropriety.
9. To sell convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed.
10. To establish a budget and make expenditures.
11. To borrow monies.
12. To appoint committees, including advisory committees composed of administrators, state nursing regulators, state legislators or their representatives, consumer representatives, and other such interested persons.
13. To issue advisory opinions.
14. To provide and receive information from, and to cooperate with, law enforcement agencies.
15. To adopt and use an official seal.
16. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of APRN licensure and practice.
H. Financing of the commission is as follows:
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 levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based on a formula to be determined by the commission, which shall promulgate a rule that is binding on all party states.
3. The commission shall not incur obligations of any kind before securing the monies adequate to meet the obligations and shall not pledge the credit of any party state, except by, and with the authority of, such party state.
4. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of monies handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
I. Qualified Immunity, Defense and Indemnification are as follows:
1. The administrators, officers, executive director, employees and representatives of the commission are immune from suit and liability, either personally or 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. This paragraph does not protect any such person from suit or liability for any damage, loss, injury or liability caused by that person's intentional, wilful or wanton misconduct.
2. The commission shall defend any administrator, officer, executive director, employee or 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 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. This PARAGRAPH does not prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person's intentional, wilful or wanton misconduct.
3. The commission shall indemnify and hold harmless any administrator, officer, executive director, employee or 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 if the actual or alleged act, error or omission did not result from the intentional, wilful or wanton misconduct of that person.
ARTICLE VIII
Rulemaking
A. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments become binding as of the date specified in each rule or amendment and have the same force and effect as provisions of this compact.
B. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
C. Before promulgation and adoption of a final rule or rules by the commission, and at least sixty days before the meeting at which the rule will be considered and voted on, the commission shall file a notice of proposed rulemaking both:
1. On the website of the commission.
2. On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.
D. The notice of proposed rulemaking shall include all of the following:
1. The proposed time, date and location of the meeting in which the rule will be considered and voted on.
2. The text of the proposed rule or amendment and the reason for the proposed rule.
3. A request for comments on the proposed rule from any interested person.
4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
E. Before adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
F. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
G. The commission shall publish the place, time and date of the scheduled public hearing. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be recorded, and a copy must be made available on request.
H. This section does not require a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
I. If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule.
J. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
K. The commission, by majority vote of all administrators, shall take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
L. On a determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or a hearing. The usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, but not later than ninety days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to do any of the following:
1. Meet an imminent threat to public health, safety or welfare.
2. Prevent a loss of commission or party state monies.
3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.
M. The commission may direct revisions to a previously adopted rule or amendment 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 is subject to challenge by any person for a period of thirty 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 before 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.
ARTICLE IX
Oversight, Dispute Resolution and Enforcement
A. Oversight is as follows:
1. Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent.
2. The commission is entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the commission and has standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission renders a judgment or order void as to the commission, this compact or promulgated rules.
B. Default, Technical Assistance and Termination are as follows:
1. If the commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide both:
(a) Written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default and any other action to be taken by the commission.
(b) Remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated on an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in this 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 of the defaulting state and to the executive officer of the defaulting state's licensing board, the defaulting state's licensing board and each of the party states.
4. A state whose membership in this compact 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.
5. The commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated, unless agreed on in writing between the commission and the defaulting state.
6. The defaulting state may appeal the action of the commission by petitioning the United STATES District Court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
C. Dispute Resolution is as follows:
1. On request by a party state, the commission shall attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states.
2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
3. If the commission cannot resolve disputes among party states arising under this compact:
(a) The party states may submit the issues in dispute to an arbitration panel, which will be composed of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed on by the compact administrators of all the party states involved in the dispute.
(b) The decision of a majority of the arbitrators is final and binding.
D. Enforcement is as follows:
1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
2. By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district in which the commission has its principal offices against a party state that is in default to enforce compliance with this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
3. The remedies in this compact are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
ARTICLE X
Effective Date, Withdrawal and Amendment
A. This compact shall come into limited effect at such time as this compact has been enacted into law in seven party states for the sole purpose of establishing and convening the commission to adopt rules relating to its operation.
B. Any state that joins this compact after the commission's initial adoption of the APRN uniform licensure requirements shall be subject to all rules that have been previously adopted by the commission.
C. Any party state may withdraw from this compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until six months after enactment of the repealing statute.
D. A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring before the effective date of such withdrawal or termination.
E. This compact does not invalidate or prevent any APRN licensure agreement or other cooperative arrangement between a party state and a nonparty state that does not conflict with this compact.
F. This compact may be amended by the party states. An amendment to this compact does not become effective and binding on any party state until it is enacted into the laws of all party states.
G. Representatives of nonparty states to this compact shall be invited to participate in the activities of the commission, on a nonvoting basis, before the adoption of this compact by all states.
ARTICLE XI
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
32-1661.01. Applicability of compact; scope of practice; notification; withdrawal from compact
A. Notwithstanding section 32-1661, section 32-1661 does not supersede state law related to the applicable advanced practice registered nurse scope of practice prescribed in section 32-1601, paragraphs 5, 8, 9 and 23 or the rules adopted pursuant to this chapter.
B. The compact adopted by section 32-1661 does not alter the scope of practice of an advanced practice registered nurse practicing in this state. An advanced practice registered nurse practicing in this state shall comply with the applicable scope of practice prescribed in section 32-1601, paragraphs 5, 8, 9 and 23 and the rules adopted pursuant to this chapter.
C. The commission established by the compact adopted by section 32-1661 does not have the authority to alter the scope of practice for advanced practice registered nurses practicing in this state. The governor may withdraw this state from the compact adopted by section 32-1661 if the commission adopts a rule to change the scope of practice for advanced practice registered nurses in this state and a law is enacted that repeals the compact.
Sec. 2. Title 32, chapter 32, Arizona Revised Statutes, is amended by adding article 3.1, to read:
ARTICLE 3.1. HEALTH PROFESSIONAL LICENSURE COMPACTS
32-3247. Health professional licensure compacts; reporting requirement
On or before January 1 each year, the executive director of a health profession regulatory board that issues compact licenses pursuant to the following sections shall issue a report on the number of compact licenses issued in the preceding year to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of the report to the secretary of state:
1. Section 32-1660.
2. Section 32-1661.
3. SEction 32-2053.
4. Section 32-2087.
5. SEction 32-3241.
6. Section 32-3295.
7. Section 32-3306.
8. Section 32-3431.
Sec. 3. Title 32, chapter 33, Arizona Revised Statutes, is amended by adding article 5.1, to read:
ARTICLE 5.1. SOCIAL WORK LICENSURE COMPACT
32-3295. Social work licensure compact
A. 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.
B. This compact is designed to achieve the following objectives:
1. Increase public access to social work services.
2. Reduce overly burdensome and duplicative requirements associated with holding multiple licenses.
3. Enhance the member states' ability to protect the public's health and safety.
4. Encourage the cooperation of member states in regulating multistate practice.
5. 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.
6. Support military families.
7. Facilitate the exchange of licensure and disciplinary information among member states.
8. 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.
9. Allow for the use of telehealth to facilitate increased access to regulated social work services.
SECTION 2. DEFINITIONS
In this compact, unless the context otherwise requires:
1. "Active military member" means any individual with full-time duty status in the active armed forces of the United States, including members of the national guard and reserve.
2. "Adverse action" means any administrative, civil, equitable or criminal action allowed by a state's laws that is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual's license or multistate authorization to practice, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a regulated social worker's authorization to practice, including issuance of a cease and desist action.
3. "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.
4. "Charter member states" means member states that have enacted legislation to adopt this compact if the legislation predates the effective date of this compact as described in section 14 of this compact.
5. "Compact commission" or "commission" means the government agency whose membership consists of all states that have enacted this compact, that is known as the social work licensure compact commission as described in section 10 of this compact and that operates as an instrumentality of the member states.
6. "Current significant investigative information" means either:
(a) 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.
(b) Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as defined by the commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.
7. "Data system" means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying events, multistate licenses and adverse action information or other information as required by the commission.
8. "Domicile" means the jurisdiction in which the licensee resides and intends to remain indefinitely.
9. "Disqualifying event" means any adverse action or incident that results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a multistate license.
10. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.
11. "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the compact and commission.
12. "Home state" means the member state that is the licensee's primary domicile.
13. "Impairment":
(a) Means a condition or conditions that may impair a practitioner's ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention.
(b) May include alcohol and drug dependence, mental health impairment and neurological or physical impairments.
14. "Licensees" means an individual who currently holds a license from a state to practice as a regulated social worker.
15. "Licensing authority" means the board or agency of a member state, or equivalent, that is responsible for licensing and regulating regulated social workers.
16. "Member state" means a state, commonwealth, district or territory of the United States of America that has enacted this compact.
17. "Multistate authorization to practice" means a legally authorized privilege to practice that is equivalent to a license and that is associated with a multistate license permitting the practice of social work in a remote state.
18. "Multistate license" means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice.
19. "Qualifying national exam" means a national licensing examination approved by the commission.
20. "Regulated social worker" means any clinical, master's or bachelor's social worker who is licensed by a member state regardless of the title used by that member state.
21. "Remote state" means a member state other than the licensee's home state.
22. "Rule" or "rule of the commission" means a regulation duly promulgated by the commission, as authorized by the compact, that has the force of law.
23. "Single state license":
(a) Means a social work license issued by any state that authorizes practice only within the issuing state.
(b) Does not include multistate authorization to practice in any member state.
24. "Social work" or "social work services" means the application of social work theory, knowledge, methods, ethics and the professional use of self to restore or enhance social, psychosocial or biopsychosocial functioning of individuals, couples, families, groups, organizations and communities through the care and services provided by a regulated social worker as set forth in the member state's statutes and regulations in the state where the services are being provided.
25. "State" means any state, commonwealth, district or territory of the United States of America that regulates the practice of social work.
26. "Unencumbered license" means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To be eligible to participate in the compact, a potential member state must currently meet all of the following criteria:
1. License and regulate the practice of social work at either the clinical, master's or bachelor's category.
2. Require applicants for licensure to graduate from a program that:
(a) Is operated by a college or university recognized by the licensing authority.
(b) Is accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation, or its successor.
(ii) The United States department of education; and
(c) Corresponds to the licensure sought as outlined in section 4 of this compact.
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 do all of the following:
1. Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined in section 4 of this compact.
2. Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules.
3. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee.
4. Implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.
5. Comply with the rules of the commission.
6. Require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable home state laws.
7. Authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of the compact and rules of the commission.
8. Designate a delegate to participate in the commission meetings.
C. A member state that meets the requirements of subsections A and B of this section 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 who otherwise meet the requirements of section 4 of this compact for issuance of a multistate license in such category or categories of licensure.
D. The home state may charge a fee for granting the multistate license.
SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT
A. To be eligible for a multistate license under the terms and provisions of this Compact, an applicant, regardless of category must:
1. Hold or be eligible for an active, unencumbered license in the home state.
2. Pay any applicable fees, including any state fee, for the multistate license.
3. Submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.
4. Notify the home state of any adverse action, encumbrance or restriction on any professional license taken by any member state or nonmember state within thirty days after 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.
(b) Licensure of the applicant in the applicant's 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.
(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 both:
(a) Operated by a college or university recognized by the licensing authority.
(b) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation, or its successor.
(ii) The United States department of education.
3. Fulfill a practice requirement, which shall be satisfied by demonstrating completion of either:
(a) A period of postgraduate supervised clinical practice equal to a minimum of three thousand hours.
(b) A minimum of two years of full-time postgraduate supervised clinical practice.
(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 the applicant's 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.
(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 both:
(a) Operated by a college or university recognized by the licensing authority.
(b) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation, or its successor.
(ii) The United States department of education.
D. An applicant for a bachelor's-category multistate license must meet all of the following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
(a) Passage of a bachelor's-category qualifying national exam.
(b) Licensure of the applicant in the applicant's 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.
(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 both:
(a) Operated by a college or university recognized by the licensing authority.
(b) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation, or its successor.
(ii) The United States department of education.
E. The multistate license for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of subsection A of this section to be eligible to renew a multistate license.
F. The regulated social worker's services in a remote state are subject to that member state's regulatory authority. A remote state may, in accordance with due process and that member state's laws, remove a regulated social worker's multistate authorization to practice in the remote state for a specific period of time, impose fines and take any other necessary actions to protect the health and safety of its citizens.
G. If a multistate license is encumbered, the regulated social worker's multistate authorization to practice shall be deactivated in all remote states until the multistate license is no longer encumbered.
H. If a multistate authorization to practice is encumbered in a remote state, the regulated social worker's multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered.
SECTION 5. ISSUANCE OF A MULTISTATE LICENSE
A. On receipt of an application for multistate license, the home state licensing authority shall determine the applicant's eligibility for a multistate license in accordance with section 4 of this compact.
B. If such applicant is eligible pursuant to section 4 of this compact, the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.
C. On issuance of a multistate license, the home state licensing authority 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.
SECTION 6. AUTHORITY OF INTERSTATE COMPACT COMMISSION
AND MEMBER STATE LICENSING AUTHORITIES
A. This Compact and any rule of the commission does not 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 if those laws, regulations or other rules are not inconsistent with the provisions of this compact.
B. This compact does not affect the requirements established by a member state for the issuance of a single state license.
C. This compact and any rule of the commission does not 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. This compact and any rule of the commission does not 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. This compact and any rule of the commission does not limit, restrict or in any way reduce the ability of a licensee's home state to take adverse action against a licensee's multistate license based on information provided by a remote state.
SECTION 7. REISSUANCE OF A MULTISTATE LICENSE
BY A NEW HOME STATE
A. A licensee can hold a multistate license issued by the licensee's home state in only one member state at any given time.
B. If a licensee changes the licensee's home state by moving between two member states:
1. The licensee shall immediately apply for the reissuance of the licensee's multistate license in the 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. On receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the commission.
3. Prior to the reissuance of the multistate license, the new home state shall conduct procedures for considering the criminal history records of the licensee. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.
4. If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.
5. Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, 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 the licensee's primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the licensee shall be subject to the state requirements for the issuance of a single state license in the new home state.
D. This compact does not 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. This compact does not interfere with the requirements established by a member state for the issuance of a single state license.
SECTION 8. MILITARY FAMILIES
An active military member or the active military member's spouse shall designate a home state where the individual has a multistate license. The individual may retain the individual's home state designation during the period the active military member is on active duty.
SECTION 9. ADVERSE ACTIONS
A. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to take adverse action against a regulated social worker's multistate authorization to practice only within that member state and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence is located.
B. Only the home state shall have the power to take adverse action against a regulated social worker's multistate license.
C. For the 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.
D. The home state shall complete any pending investigations of a regulated social worker who changes the regulated social worker's home state during the course of the investigations. The home state shall also have the authority to take appropriate action 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 action.
E. A member state, if otherwise allowed 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.
F. A member state may take adverse action based on the factual findings of another member state if the member state follows its own procedures for taking the adverse action.
G. The following apply to 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.
H. 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.
I. 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.
J. This compact does not override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
K. This compact does not 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.
L. This compact does not authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.
SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE
COMPACT COMMISSION
A. The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the social work licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in section 14 of this compact.
B. The membership, voting and meetings of the commission are as follows:
1. Each member state shall have and be limited to one delegate selected by that member state's licensing authority.
2. The delegate shall be either:
(a) A current member of the licensing authority at the time of appointment who is a regulated social worker or public member of the state licensing authority.
(b) An administrator of the licensing authority or the administrator's designee.
3. The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
4. The commission may recommend the removal or suspension of any delegate from office.
5. A member state's licensing authority shall fill any vacancy of its delegate occurring on the commission within sixty days after 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 this compact, the commission's rules and the bylaws.
6. Initiate and conclude legal proceedings or actions in the name of the commission if the standing of any licensing authority to sue or be sued under applicable law is not 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 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 appropriate gifts, donations, grants of monies, other sources of revenue, equipment, supplies, materials and services and receive, use and dispose of the same. 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 in the property.
15. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal, or mixed.
16. Establish a budget and make expenditures.
17. Borrow monies.
18. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, 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 chairperson and a vice chairperson.
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.
22. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
D. 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 include:
1. Overseeing the day-to-day activities of the administration of the compact, including enforcement and compliance with the compact, its rules and bylaws, and other such duties as deemed necessary.
2. Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to member states, fees charged to licensees and other fees.
3. Ensuring the compact administration services are appropriately provided, including by contract.
4. Preparing and recommending the budget.
5. Maintaining financial records on behalf of the commission.
6. Monitoring compact compliance of member states and providing compliance reports to the commission.
7. Establishing additional committees as necessary.
8. Exercising 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.
9. Performing other duties as provided in the rules or bylaws of the commission.
E. The executive committee shall be composed of up to eleven members as follows:
1. The chairperson and vice chairperson of the commission shall be voting members of the executive committee.
2. The commission shall elect five voting members from the current membership of the commission.
3. Up to four ex officio, nonvoting members from four recognized national social work organizations shall be selected by their respective organizations.
F. The commission may remove any member of the executive committee as provided in the commission's bylaws.
G. The executive committee shall meet at least annually. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in subsection I, paragraph 2 of this section. The executive committee shall give seven 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. The executive committee may hold a special meeting in accordance with subsection I, paragraph 1 of this section.
H. The commission shall adopt and provide to the member states an annual report.
I. Meetings of the commission are as follows:
1. All meetings shall be open to the public, except that the commission may meet in a closed, nonpublic meeting as provided in paragraph 2 of this subsection. Public notice for all meetings of the full commission shall be given in the same manner as required under the rulemaking provisions in section 12 of this compact, except that the commission may hold a special meeting when it must meet to conduct emergency business by giving forty-eight hours' notice to all commissioners, on the commission's website, and by other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency.
2. The commission or the executive committee or other committees of the commission may convene in a closed, 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 or 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 if disclosure would constitute a clearly unwarranted invasion of personal privacy.
(i) Investigative records compiled for law enforcement purposes.
(j) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.
(k) Matters specifically exempted from disclosure by federal or member state law.
(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.
J. Financing of the commission is as follows:
1. The commission shall pay, or provide for the payment of, the reasonable expenses of the commission's establishment, organization, and ongoing activities.
2. The commission may accept any appropriate revenue sources as provided in subsection C, paragraph 13 of this section.
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 the commission grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based on a formula that the commission promulgates by rule.
4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, and the commission shall not 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 are subject to the financial review and accounting procedures established under the commission's bylaws. However, all receipts and disbursements of funds handled by the commission are 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.
K. Qualified immunity, defense and indemnification are as follows:
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. This paragraph does not protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
2. The commission shall defend any member, officer, executive director, employee and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. This paragraph does not prohibit that person from retaining the person's own counsel at the person's own expense, and if the actual or alleged act, error, or omission did not result from that person's intentional or wilful 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, if the actual or alleged act, error or omission did not result from the intentional or wilful or wanton misconduct of that person.
4. This compact does not limit the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
5. This compact does not 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, the Clayton Act or any other state or federal antitrust or anticompetitive law or regulation.
6. This Compact is not a waiver of sovereign immunity by the member states or by the commission.
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 applies as required by the rules of the commission, including:
1. Identifying information.
2. Licensure data.
3. Adverse actions against a license and information related to the adverse action.
4. Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation that is not made confidential under member state law.
5. Any denial of application for licensure, and the reason or reasons for such denial.
6. The presence of current significant investigative information.
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 of the commission, 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.
F. 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.
G. 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.
H. Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
SECTION 12. RULEMAKING
A. The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based on another applicable standard of review.
B. The rules of the commission shall have the force of law in each member state, provided that if the rules of the commission conflict with the laws of the member state that establish the member state's laws, regulations and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
C. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding on the day following adoption or the date specified in the rule or amendment, whichever is later.
D. If a majority of the legislatures of the member states rejects a rule or portion of a rule by enactment of a statute or resolution in the same manner used to adopt the compact within four years after the date of adoption of the rule, such rule shall have no further force and effect in any member state.
E. Rules shall be adopted at a regular or special meeting of the commission.
F. Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.
G. Prior to adoption of a proposed rule by the commission, and at least thirty days before the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking:
1. On the website of the commission or other publicly accessible platform.
2. To persons who have requested notice of the commission's notices of proposed rulemaking.
3. In such other way as the commission may by rule specify.
H. The notice of proposed rulemaking shall include:
1. The time, date and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date and location of the meeting where the commission will consider and vote on the proposed rule.
2. If the hearing is held via telecommunication, video conference or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.
3. The text of the proposed rule and the reason for the proposed rule.
4. A request for comments on the proposed rule from any interested person.
5. The manner in which interested persons may submit written comments.
I. All hearings shall 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. This section does not require a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
K. The commission, by majority vote of all members, shall take final action on the proposed rule based on the rulemaking record and the full text of the rule. The commission may adopt changes to the proposed rule if the changes do not enlarge the original purpose of the proposed rule. 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. The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection L of this section, the effective date of the rule shall be not sooner than thirty days after issuing the notice that it adopted or amended the rule.
L. On a determination that an emergency exists, the commission may consider and adopt an emergency rule with forty-eight hours' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible but not later than ninety days after the effective date of the rule. For the purposes of this subsection, 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 monies.
3. Meet a deadline for the promulgation of a rule that is established by federal law or rule.
4. Protect the public health and safety.
M. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty 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. A member state's rulemaking requirements shall not apply under this compact.
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION
AND ENFORCEMENT
A. Oversight is as follows:
1. The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
2. Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. This section does not 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 are as follows:
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 on an affirmative vote of a majority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
D. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority and each of the member states' licensing authority.
E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
F. On 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 at least six months after the date of the 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 on in writing between the commission and the defaulting state.
H. The defaulting state may appeal the action of the commission by petitioning the United States 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 fees.
I. Dispute resolution is as follows:
1. On request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
J. Enforcement is as follows:
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 compact and its promulgated rules. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies prescribed in this subsection 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 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 compact and its promulgated rules. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
3. No person other than a member state shall enforce this compact against the commission.
SECTION 14. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
A. This compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven member states, known as the charter member states, to determine if the statute enacted by each such charter member state is materially different than the model compact statute. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in section 13 of this compact. If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven. Member states enacting the compact after the seven initial charter member states shall be subject to the process set forth in section 10, subsection C, paragraph 21 of this compact to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
B. 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.
C. Any state that joins the compact after the commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.
D. Any member state may withdraw from this compact by enacting a statute repealing the same. A member state's withdrawal shall not take effect until one hundred eighty days after enactment of the repealing statute. 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. On 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 at least one hundred eighty days after the date of such notice of withdrawal.
E. This compact does not invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with this compact.
F. This compact may be amended by the member states. An amendment to this compact does not become effective and binding on any member state until it is enacted into the laws of all member states.
SECTION 15. CONSTRUCTION AND SEVERABILITY
A. This compact and the commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rulemaking authority solely for those purposes.
B. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, of a state seeking participation in the compact or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
C. Notwithstanding subsection B of this section, the commission may deny a state's participation in the compact or, in accordance with the requirements of section 13, subsection B of this compact, terminate a member state's participation in the compact, if the commission determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 16. CONSISTENT EFFECT AND CONFLICT
WITH OTHER STATE LAWS
A. A licensee who provides 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. This section does not 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 that are 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.
