Bill Text: IA HF2272 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act enacting the social work licensure compact.(See HF 2512.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-22 - Withdrawn. H.J. 380. [HF2272 Detail]
Download: Iowa-2023-HF2272-Introduced.html
House
File
2272
-
Introduced
HOUSE
FILE
2272
BY
FRY
A
BILL
FOR
An
Act
enacting
the
social
work
licensure
compact.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
147I.1
Social
work
licensure
1
compact.
2
1.
Purpose.
The
purpose
of
this
compact
is
to
facilitate
3
interstate
practice
of
regulated
social
workers
by
improving
4
public
access
to
competent
social
work
services.
The
compact
5
preserves
the
regulatory
authority
of
states
to
protect
6
public
health
and
safety
through
the
current
system
of
state
7
licensure.
The
compact
is
designed
to
achieve
the
following
8
objectives:
9
a.
Increase
public
access
to
social
work
services.
10
b.
Reduce
overly
burdensome
and
duplicative
requirements
11
associated
with
holding
multiple
licenses.
12
c.
Enhance
the
member
states’
ability
to
protect
the
13
public’s
health
and
safety.
14
d.
Encourage
the
cooperation
of
member
states
in
regulating
15
multistate
practice.
16
e.
Promote
mobility
and
address
workforce
shortages
by
17
eliminating
the
necessity
for
licenses
in
multiple
states
by
18
providing
for
the
mutual
recognition
of
other
member
state
19
licenses.
20
f.
Support
military
families.
21
g.
Facilitate
the
exchange
of
licensure
and
disciplinary
22
information
among
member
states.
23
h.
Authorize
all
member
states
to
hold
a
regulated
social
24
worker
accountable
for
abiding
by
a
member
state’s
laws,
25
regulations,
and
applicable
professional
standards
in
the
26
member
state
in
which
the
client
is
located
at
the
time
care
is
27
rendered.
28
i.
Allow
for
the
use
of
telehealth
to
facilitate
increased
29
access
to
regulated
social
work
services.
30
2.
Definitions.
As
used
in
this
compact,
and
except
as
31
otherwise
provided,
the
following
definitions
shall
apply:
32
a.
“Active
military
member”
means
any
individual
with
33
full-time
duty
status
in
the
active
armed
forces
of
the
United
34
States
including
members
of
the
national
guard
and
reserve.
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b.
“Adverse
action”
means
any
administrative,
civil,
1
equitable,
or
criminal
action
permitted
by
a
state’s
laws
2
which
is
imposed
by
a
licensing
authority
or
other
authority
3
against
a
regulated
social
worker,
including
actions
against
an
4
individual’s
license
or
multistate
authorization
to
practice
5
such
as
revocation,
suspension,
probation,
monitoring
of
the
6
licensee,
limitation
on
the
licensee’s
practice,
or
any
other
7
encumbrance
on
licensure
affecting
a
regulated
social
worker’s
8
authorization
to
practice,
including
issuance
of
a
cease
and
9
desist
action.
10
c.
“Alternative
program”
means
a
nondisciplinary
monitoring
11
or
practice
remediation
process
approved
by
a
licensing
12
authority
to
address
practitioners
with
an
impairment.
13
d.
“Charter
member
states”
means
member
states
who
14
have
enacted
legislation
to
adopt
this
compact
where
such
15
legislation
predates
the
effective
date
of
this
compact
as
16
described
in
subsection
14.
17
e.
“Compact
commission”
or
“commission”
means
the
government
18
agency
whose
membership
consists
of
all
states
that
have
19
enacted
this
compact,
which
is
known
as
the
social
work
20
licensure
compact
commission,
as
described
in
subsection
10,
21
and
which
shall
operate
as
an
instrumentality
of
the
member
22
states.
23
f.
“Current
significant
investigative
information”
means
any
24
of
the
following:
25
(1)
Investigative
information
that
a
licensing
authority,
26
after
a
preliminary
inquiry
that
includes
notification
and
an
27
opportunity
for
the
regulated
social
worker
to
respond,
has
28
reason
to
believe
is
not
groundless
and,
if
proved
true,
would
29
indicate
more
than
a
minor
infraction
as
may
be
defined
by
the
30
commission.
31
(2)
Investigative
information
that
indicates
that
the
32
regulated
social
worker
represents
an
immediate
threat
to
33
public
health
and
safety,
as
may
be
defined
by
the
commission,
34
regardless
of
whether
the
regulated
social
worker
has
been
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notified
and
has
had
an
opportunity
to
respond.
1
g.
“Data
system”
means
a
repository
of
information
about
2
licensees,
including
continuing
education,
examination,
3
licensure,
current
significant
investigative
information,
4
disqualifying
event,
multistate
license,
and
adverse
5
action
information,
or
other
information
as
required
by
the
6
commission.
7
h.
“Disqualifying
event”
means
any
adverse
action
or
8
incident
which
results
in
an
encumbrance
that
disqualifies
or
9
makes
the
licensee
ineligible
to
either
obtain,
retain,
or
10
renew
a
multistate
license.
11
i.
“Domicile”
means
the
jurisdiction
in
which
the
licensee
12
resides
and
intends
to
remain
indefinitely.
13
j.
“Encumbrance”
means
a
revocation
or
suspension
of,
or
14
any
limitation
on,
the
full
and
unrestricted
practice
of
social
15
work
licensed
and
regulated
by
a
licensing
authority.
16
k.
“Executive
committee”
means
a
group
of
delegates
elected
17
or
appointed
to
act
on
behalf
of,
and
within
the
powers
granted
18
to
them
by,
the
compact
and
commission.
19
l.
“Home
state”
means
the
member
state
that
is
the
20
licensee’s
primary
domicile.
21
m.
“Impairment”
means
a
condition
that
may
impair
a
22
practitioner’s
ability
to
engage
in
full
and
unrestricted
23
practice
as
a
regulated
social
worker
without
some
type
of
24
intervention
and
may
include
alcohol
and
drug
dependence,
25
mental
health
impairment,
and
neurological
or
physical
26
impairments.
27
n.
“Licensee”
means
an
individual
who
currently
holds
a
28
license
from
a
state
to
practice
as
a
regulated
social
worker.
29
o.
“Licensing
authority”
means
the
board
or
agency
of
30
a
member
state,
or
equivalent,
that
is
responsible
for
the
31
licensing
and
regulation
of
regulated
social
workers.
32
p.
“Member
state”
means
a
state,
commonwealth,
district,
or
33
territory
of
the
United
States
that
has
enacted
this
compact.
34
q.
“Multistate
authorization
to
practice”
means
a
legally
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authorized
privilege
to
practice,
which
is
equivalent
to
a
1
license,
associated
with
a
multistate
license
permitting
the
2
practice
of
social
work
in
a
remote
state.
3
r.
“Multistate
license”
means
a
license
to
practice
as
4
a
regulated
social
worker
issued
by
a
home
state
licensing
5
authority
that
authorizes
the
regulated
social
worker
to
6
practice
in
all
member
states
under
multistate
authorization
7
to
practice.
8
s.
“Qualifying
national
exam”
means
a
national
licensing
9
examination
approved
by
the
commission.
10
t.
“Regulated
social
worker”
means
any
clinical,
master’s,
11
or
bachelor’s
social
worker
licensed
by
a
member
state
12
regardless
of
the
title
used
by
that
member
state.
13
u.
“Remote
state”
means
a
member
state
other
than
the
14
licensee’s
home
state.
15
v.
“Rule”
or
“rule
of
the
commission”
means
a
regulation
or
16
regulations
duly
promulgated
by
the
commission,
as
authorized
17
by
the
compact,
that
has
the
force
of
law.
18
w.
“Single
state
license”
means
a
social
work
license
issued
19
by
any
state
that
authorizes
practice
only
within
the
issuing
20
state
and
does
not
include
multistate
authorization
to
practice
21
in
any
member
state.
22
x.
“Social
work”
or
“social
work
services”
means
the
23
application
of
social
work
theory,
knowledge,
methods,
ethics,
24
and
the
professional
use
of
self
to
restore
or
enhance
social,
25
psychosocial,
or
biopsychosocial
functioning
of
individuals,
26
couples,
families,
groups,
organizations,
and
communities
27
through
the
care
and
services
provided
by
a
regulated
social
28
worker
as
set
forth
in
the
member
state’s
statutes
and
29
regulations
in
the
state
where
the
services
are
being
provided.
30
y.
“State”
means
any
state,
commonwealth,
district,
or
31
territory
of
the
United
States
that
regulates
the
practice
of
32
social
work.
33
z.
“Unencumbered
license”
means
a
license
that
authorizes
a
34
regulated
social
worker
to
engage
in
the
full
and
unrestricted
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practice
of
social
work.
1
3.
State
participation
in
the
compact.
2
a.
To
be
eligible
to
participate
in
the
compact,
a
potential
3
member
state
shall
do
all
of
the
following:
4
(1)
License
and
regulate
the
practice
of
social
work
at
5
either
the
clinical,
master’s,
or
bachelor’s
category.
6
(2)
Require
applicants
for
licensure
to
graduate
from
a
7
program
that
is
all
of
the
following:
8
(a)
Operated
by
a
college
or
university
recognized
by
the
9
licensing
authority.
10
(b)
Accredited,
or
in
candidacy
by
an
institution
that
11
subsequently
becomes
accredited,
by
an
accrediting
agency
12
recognized
by
either
of
the
following:
13
(i)
The
council
on
higher
education
accreditation
or
its
14
successor.
15
(ii)
The
United
States
department
of
education.
16
(c)
Corresponding
to
the
licensure
sought
under
subsection
17
4.
18
(3)
Require
applicants
for
clinical
licensure
to
complete
a
19
period
of
supervised
practice.
20
(4)
Have
a
mechanism
in
place
for
receiving,
investigating,
21
and
adjudicating
complaints
about
licensees.
22
b.
To
maintain
membership
in
the
compact,
a
member
state
23
shall
do
all
of
the
following:
24
(1)
Require
that
applicants
for
a
multistate
license
pass
25
a
qualifying
national
exam
for
the
corresponding
category
of
26
multistate
license
sought
under
subsection
4.
27
(2)
Participate
fully
in
the
commission’s
data
system,
28
including
using
the
commission’s
unique
identifier
as
defined
29
in
rules.
30
(3)
Notify
the
commission,
in
compliance
with
the
terms
31
of
the
compact
and
rules,
of
any
adverse
action
or
the
32
availability
of
current
significant
investigative
information
33
regarding
a
licensee.
34
(4)
Implement
procedures
for
considering
the
criminal
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history
records
of
applicants
for
a
multistate
license.
Such
1
procedures
shall
include
the
submission
of
fingerprints
or
2
other
biometric-based
information
by
applicants
for
the
purpose
3
of
obtaining
an
applicant’s
criminal
history
record
information
4
from
the
federal
bureau
of
investigation
and
the
agency
5
responsible
for
retaining
that
state’s
criminal
records.
6
(5)
Comply
with
the
rules
of
the
commission.
7
(6)
Require
an
applicant
to
obtain
or
retain
a
license
8
in
the
home
state
and
meet
the
home
state’s
qualifications
9
for
licensure
or
renewal
of
licensure,
as
well
as
all
other
10
applicable
home
state
laws.
11
(7)
Authorize
a
licensee
holding
a
multistate
license
in
any
12
member
state
to
practice
in
accordance
with
the
terms
of
the
13
compact
and
the
rules
of
the
commission.
14
(8)
Designate
a
delegate
to
participate
in
the
commission
15
meetings.
16
c.
A
member
state
meeting
the
requirements
of
subsection
17
3,
paragraphs
“a”
and
“b”
,
shall
designate
the
categories
of
18
social
work
licensure
that
are
eligible
for
issuance
of
a
19
multistate
license
for
applicants
in
such
member
state.
To
the
20
extent
that
any
member
state
does
not
meet
the
requirements
21
for
participation
in
the
compact
at
any
particular
category
of
22
social
work
licensure,
such
member
state
may
choose,
but
is
not
23
obligated
to,
issue
a
multistate
license
to
applicants
that
24
otherwise
meet
the
requirements
of
subsection
4
for
issuance
25
of
a
multistate
license
in
such
category
or
categories
of
26
licensure.
27
d.
The
home
state
may
charge
a
fee
for
granting
the
28
multistate
license.
29
4.
Social
worker
participation
in
the
compact.
30
a.
To
be
eligible
for
a
multistate
license
under
the
terms
31
and
provisions
of
the
compact,
an
applicant,
regardless
of
32
category,
must
do
all
of
the
following:
33
(1)
Hold
or
be
eligible
for
an
active,
unencumbered
license
34
in
the
home
state.
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(2)
Pay
any
applicable
fees,
including
any
state
fee,
for
1
the
multistate
license.
2
(3)
Submit,
in
connection
with
an
application
for
a
3
multistate
license,
fingerprints
or
other
biometric
data
for
4
the
purpose
of
obtaining
criminal
history
record
information
5
from
the
federal
bureau
of
investigation
and
the
agency
6
responsible
for
retaining
that
state’s
criminal
records.
7
(4)
Notify
the
home
state
of
any
adverse
action,
8
encumbrance,
or
restriction
on
any
professional
license
taken
9
by
any
member
state
or
nonmember
state
within
thirty
days
from
10
the
date
the
action
is
taken.
11
(5)
Meet
any
continuing
competence
requirements
established
12
by
the
home
state.
13
(6)
Abide
by
the
laws,
regulations,
and
applicable
14
standards
in
the
member
state
where
the
client
is
located
at
15
the
time
care
is
rendered.
16
b.
An
applicant
for
a
clinical-category
multistate
license
17
must
meet
all
of
the
following
requirements:
18
(1)
Fulfill
a
competency
requirement,
which
shall
be
19
satisfied
by
any
of
the
following:
20
(a)
Passage
of
a
clinical-category
qualifying
national
21
exam.
22
(b)
Licensure
of
the
applicant
in
the
applicant’s
home
23
state
at
the
clinical
category,
beginning
prior
to
such
time
24
as
a
qualifying
national
exam
was
required
by
the
home
state
25
and
accompanied
by
a
period
of
continuous
social
work
licensure
26
thereafter,
all
of
which
may
be
further
governed
by
the
rules
27
of
the
commission.
28
(c)
The
substantial
equivalency
of
the
foregoing
competency
29
requirements
which
the
commission
may
determine
by
rule.
30
(2)
Attain
at
least
a
master’s
degree
in
social
work
from
a
31
program
that
is
all
of
the
following:
32
(a)
Operated
by
a
college
or
university
recognized
by
the
33
licensing
authority.
34
(b)
Accredited,
or
in
candidacy
that
subsequently
becomes
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accredited,
by
an
accrediting
agency
recognized
by
either
of
1
the
following:
2
(i)
The
council
for
higher
education
accreditation
or
its
3
successor.
4
(ii)
The
United
States
department
of
education.
5
(3)
Fulfill
a
practice
requirement,
which
shall
be
6
satisfied
by
demonstrating
completion
of
any
of
the
following:
7
(a)
A
period
of
postgraduate
supervised
clinical
practice
8
equal
to
a
minimum
of
three
thousand
hours.
9
(b)
A
minimum
of
two
years
of
full-time
postgraduate
10
supervised
clinical
practice.
11
(c)
The
substantial
equivalency
of
the
foregoing
practice
12
requirements
which
the
commission
may
determine
by
rule.
13
c.
An
applicant
for
a
master’s-category
multistate
license
14
must
meet
all
of
the
following
requirements:
15
(1)
Fulfill
a
competency
requirement,
which
shall
be
16
satisfied
by
any
of
the
following:
17
(a)
Passage
of
a
master’s-category
qualifying
national
18
exam.
19
(b)
Licensure
of
the
applicant
in
the
applicant’s
home
state
20
at
the
master’s
category,
beginning
prior
to
such
time
as
a
21
qualifying
national
exam
was
required
by
the
home
state
at
the
22
master’s
category
and
accompanied
by
a
continuous
period
of
23
social
work
licensure
thereafter,
all
of
which
may
be
further
24
governed
by
the
rules
of
the
commission.
25
(c)
The
substantial
equivalency
of
the
foregoing
competency
26
requirements
which
the
commission
may
determine
by
rule.
27
(2)
Attain
at
least
a
master’s
degree
in
social
work
from
a
28
program
that
is
all
of
the
following:
29
(a)
Operated
by
a
college
or
university
recognized
by
the
30
licensing
authority.
31
(b)
Accredited,
or
in
candidacy
that
subsequently
becomes
32
accredited,
by
an
accrediting
agency
recognized
by
either
of
33
the
following:
34
(i)
The
council
for
higher
education
accreditation
or
its
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successor.
1
(ii)
The
United
States
department
of
education.
2
d.
An
applicant
for
a
bachelor’s-category
multistate
license
3
must
meet
all
of
the
following
requirements:
4
(1)
Fulfill
a
competency
requirement,
which
shall
be
5
satisfied
by
any
of
the
following:
6
(a)
Passage
of
a
bachelor’s-category
qualifying
national
7
exam.
8
(b)
Licensure
of
the
applicant
in
the
applicant’s
home
9
state
at
the
bachelor’s
category,
beginning
prior
to
such
time
10
as
a
qualifying
national
exam
was
required
by
the
home
state
11
and
accompanied
by
a
period
of
continuous
social
work
licensure
12
thereafter,
all
of
which
may
be
further
governed
by
the
rules
13
of
the
commission.
14
(c)
The
substantial
equivalency
of
the
foregoing
competency
15
requirements
which
the
commission
may
determine
by
rule.
16
(2)
Attain
at
least
a
bachelor’s
degree
in
social
work
from
17
a
program
that
is
all
of
the
following:
18
(a)
Operated
by
a
college
or
university
recognized
by
the
19
licensing
authority.
20
(b)
Accredited,
or
in
candidacy
that
subsequently
becomes
21
accredited,
by
an
accrediting
agency
recognized
by
either
of
22
the
following:
23
(i)
The
council
for
higher
education
accreditation
or
its
24
successor.
25
(ii)
The
United
States
department
of
education.
26
e.
The
multistate
license
for
a
regulated
social
worker
is
27
subject
to
the
renewal
requirements
of
the
home
state.
The
28
regulated
social
worker
must
maintain
compliance
with
the
29
requirements
of
subsection
4,
paragraph
“a”
,
to
be
eligible
to
30
renew
a
multistate
license.
31
f.
The
regulated
social
worker’s
services
in
a
remote
state
32
are
subject
to
that
member
state’s
regulatory
authority.
A
33
remote
state
may,
in
accordance
with
due
process
and
that
34
member
state’s
laws,
remove
a
regulated
social
worker’s
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multistate
authorization
to
practice
in
the
remote
state
for
1
a
specific
period
of
time,
impose
fines,
and
take
any
other
2
necessary
actions
to
protect
the
health
and
safety
of
its
3
citizens.
4
g.
If
a
multistate
license
is
encumbered,
the
regulated
5
social
worker’s
multistate
authorization
to
practice
shall
be
6
deactivated
in
all
remote
states
until
the
multistate
license
7
is
no
longer
encumbered.
8
h.
If
a
multistate
authorization
to
practice
is
encumbered
9
in
a
remote
state,
the
regulated
social
worker’s
multistate
10
authorization
to
practice
may
be
deactivated
in
that
state
11
until
the
multistate
authorization
to
practice
is
no
longer
12
encumbered.
13
5.
Issuance
of
a
multistate
license.
14
a.
Upon
receipt
of
an
application
for
a
multistate
license,
15
the
home
state
licensing
authority
shall
determine
the
16
applicant’s
eligibility
for
a
multistate
license
in
accordance
17
with
subsection
4
of
this
compact.
18
b.
If
such
applicant
is
eligible
pursuant
to
subsection
19
4
of
this
compact,
the
home
state
licensing
authority
shall
20
issue
a
multistate
license
that
authorizes
the
applicant
or
21
regulated
social
worker
to
practice
in
all
member
states
under
22
a
multistate
authorization
to
practice.
23
c.
Upon
issuance
of
a
multistate
license,
the
home
state
24
licensing
authority
shall
designate
whether
the
regulated
25
social
worker
holds
a
multistate
license
in
the
bachelor’s,
26
master’s,
or
clinical
category
of
social
work.
27
d.
A
multistate
license
issued
by
a
home
state
to
a
resident
28
in
that
state
shall
be
recognized
by
all
compact
member
29
states
as
authorizing
social
work
practice
under
a
multistate
30
authorization
to
practice
corresponding
to
each
category
of
31
licensure
regulated
in
each
member
state.
32
6.
Authority
of
interstate
compact
commission
and
member
33
state
licensing
authorities.
34
a.
Nothing
in
this
compact,
nor
any
rule
of
the
commission,
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shall
be
construed
to
limit,
restrict,
or
in
any
way
reduce
1
the
ability
of
a
member
state
to
enact
and
enforce
laws,
2
regulations,
or
other
rules
related
to
the
practice
of
social
3
work
in
that
state,
where
those
laws,
regulations,
or
other
4
rules
are
not
inconsistent
with
the
provisions
of
this
compact.
5
b.
Nothing
in
this
compact
shall
affect
the
requirements
6
established
by
a
member
state
for
the
issuance
of
a
single
7
state
license.
8
c.
Nothing
in
this
compact,
nor
any
rule
of
the
commission,
9
shall
be
construed
to
limit,
restrict,
or
in
any
way
reduce
10
the
ability
of
a
member
state
to
take
adverse
action
against
a
11
licensee’s
single
state
license
to
practice
social
work
in
that
12
state.
13
d.
Nothing
in
this
compact,
nor
any
rule
of
the
commission,
14
shall
be
construed
to
limit,
restrict,
or
in
any
way
reduce
15
the
ability
of
a
remote
state
to
take
adverse
action
against
a
16
licensee’s
multistate
authorization
to
practice
in
that
state.
17
e.
Nothing
in
this
compact,
nor
any
rule
of
the
commission,
18
shall
be
construed
to
limit,
restrict,
or
in
any
way
reduce
19
the
ability
of
a
licensee’s
home
state
to
take
adverse
action
20
against
a
licensee’s
multistate
license
based
upon
information
21
provided
by
a
remote
state.
22
7.
Reissuance
of
a
multistate
license
by
a
new
home
state.
23
a.
A
licensee
can
hold
a
multistate
license,
issued
by
the
24
licensee’s
home
state,
in
only
one
member
state
at
any
given
25
time.
26
b.
If
a
licensee
changes
the
licensee’s
home
state
by
moving
27
between
two
member
states:
28
(1)
The
licensee
shall
immediately
apply
for
the
reissuance
29
of
the
licensee’s
multistate
license
in
the
licensee’s
new
30
home
state.
The
licensee
shall
pay
all
applicable
fees
and
31
notify
the
prior
home
state
in
accordance
with
the
rules
of
the
32
commission.
33
(2)
Upon
receipt
of
an
application
to
reissue
a
multistate
34
license,
the
new
home
state
shall
verify
that
the
multistate
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license
is
active,
unencumbered,
and
eligible
for
reissuance
1
under
the
terms
of
the
compact
and
the
rules
of
the
commission.
2
The
multistate
license
issued
by
the
prior
home
state
will
be
3
deactivated
and
all
member
states
notified
in
accordance
with
4
the
applicable
rules
adopted
by
the
commission.
5
(3)
Prior
to
the
reissuance
of
the
multistate
license,
the
6
new
home
state
shall
conduct
procedures
for
considering
the
7
criminal
history
records
of
the
licensee.
Such
procedures
8
shall
include
the
submission
of
fingerprints
or
other
9
biometric-based
information
by
applicants
for
the
purpose
of
10
obtaining
an
applicant’s
criminal
history
record
information
11
from
the
federal
bureau
of
investigation
and
the
agency
12
responsible
for
retaining
that
state’s
criminal
records.
13
(4)
If
required
for
initial
licensure,
the
new
home
state
14
may
require
completion
of
jurisprudence
requirements
in
the
new
15
home
state.
16
(5)
Notwithstanding
any
other
provision
of
this
compact,
17
if
a
licensee
does
not
meet
the
requirements
set
forth
in
this
18
compact
for
the
reissuance
of
a
multistate
license
by
the
new
19
home
state,
then
the
licensee
shall
be
subject
to
the
new
home
20
state
requirements
for
the
issuance
of
a
single
state
license
21
in
that
state.
22
c.
If
a
licensee
changes
the
licensee’s
primary
state
of
23
residence
by
moving
from
a
member
state
to
a
nonmember
state,
24
or
from
a
nonmember
state
to
a
member
state,
then
the
licensee
25
shall
be
subject
to
the
state
requirements
for
the
issuance
of
26
a
single
state
license
in
the
new
home
state.
27
d.
Nothing
in
this
compact
shall
interfere
with
a
licensee’s
28
ability
to
hold
a
single
state
license
in
multiple
states;
29
however,
for
the
purposes
of
this
compact,
a
licensee
shall
30
have
only
one
home
state,
and
only
one
multistate
license.
31
e.
Nothing
in
this
compact
shall
interfere
with
the
32
requirements
established
by
a
member
state
for
the
issuance
of
33
a
single
state
license.
34
8.
Military
families.
An
active
military
member
or
the
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active
military
member’s
spouse
shall
designate
a
home
state
1
where
the
individual
has
a
multistate
license.
The
individual
2
may
retain
the
individual’s
home
state
designation
during
the
3
period
the
service
member
is
on
active
duty.
4
9.
Adverse
actions.
5
a.
In
addition
to
the
other
powers
conferred
by
state
law,
6
a
remote
state
shall
have
the
authority,
in
accordance
with
7
existing
state
due
process
law,
to
do
all
of
the
following:
8
(1)
Take
adverse
action
against
a
regulated
social
worker’s
9
multistate
authorization
to
practice
only
within
that
member
10
state,
and
issue
subpoenas
for
both
hearings
and
investigations
11
that
require
the
attendance
and
testimony
of
witnesses
as
well
12
as
the
production
of
evidence.
Subpoenas
issued
by
a
licensing
13
authority
in
a
member
state
for
the
attendance
and
testimony
14
of
witnesses,
or
for
the
production
of
evidence
from
another
15
member
state,
shall
be
enforced
in
the
latter
state
by
any
16
court
of
competent
jurisdiction
according
to
the
practice
and
17
procedure
of
that
court
applicable
to
subpoenas
issued
in
18
proceedings
pending
before
it.
The
issuing
licensing
authority
19
shall
pay
any
witness
fees,
travel
expenses,
mileage,
and
other
20
fees
required
by
the
service
statutes
of
the
state
in
which
the
21
witnesses
or
evidence
are
located.
22
(2)
Only
the
home
state
shall
have
the
power
to
take
adverse
23
action
against
a
regulated
social
worker’s
multistate
license.
24
b.
For
purposes
of
taking
adverse
action,
the
home
state
25
shall
give
the
same
priority
and
effect
to
reported
conduct
26
received
from
a
member
state
as
it
would
if
the
conduct
had
27
occurred
within
the
home
state.
In
so
doing,
the
home
state
28
shall
apply
its
own
state
laws
to
determine
appropriate
action.
29
c.
The
home
state
shall
complete
any
pending
investigations
30
of
a
regulated
social
worker
who
changes
the
regulated
social
31
worker’s
home
state
during
the
course
of
the
investigations.
32
The
home
state
shall
also
have
the
authority
to
take
33
appropriate
action
and
shall
promptly
report
the
conclusions
34
of
the
investigations
to
the
administrator
of
the
data
system.
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The
administrator
of
the
data
system
shall
promptly
notify
the
1
new
home
state
of
any
adverse
actions.
2
d.
A
member
state,
if
otherwise
permitted
by
state
law,
may
3
recover
from
the
affected
regulated
social
worker
the
costs
of
4
investigations
and
dispositions
of
cases
resulting
from
any
5
adverse
action
taken
against
that
regulated
social
worker.
6
e.
A
member
state
may
take
adverse
action
based
on
the
7
factual
findings
of
another
member
state,
provided
that
the
8
member
state
follows
the
member
state’s
own
procedures
for
9
taking
the
adverse
action.
10
f.
Joint
investigations.
11
(1)
In
addition
to
the
authority
granted
to
a
member
state
12
by
the
member
state’s
respective
social
work
practice
act
or
13
other
applicable
state
law,
any
member
state
may
participate
14
with
other
member
states
in
joint
investigations
of
licensees.
15
(2)
Member
states
shall
share
any
investigative,
16
litigation,
or
compliance
materials
in
furtherance
of
any
joint
17
or
individual
investigation
initiated
under
the
compact.
18
g.
If
adverse
action
is
taken
by
the
home
state
against
the
19
multistate
license
of
a
regulated
social
worker,
the
regulated
20
social
worker’s
multistate
authorization
to
practice
in
all
21
other
member
states
shall
be
deactivated
until
all
encumbrances
22
have
been
removed
from
the
multistate
license.
All
home
state
23
disciplinary
orders
that
impose
adverse
action
against
the
24
license
of
a
regulated
social
worker
shall
include
a
statement
25
that
the
regulated
social
worker’s
multistate
authorization
26
to
practice
is
deactivated
in
all
member
states
until
all
27
conditions
of
the
decision,
order,
or
agreement
are
satisfied.
28
h.
If
a
member
state
takes
adverse
action,
it
shall
promptly
29
notify
the
administrator
of
the
data
system.
The
administrator
30
of
the
data
system
shall
promptly
notify
the
home
state
and
all
31
other
member
states
of
any
adverse
actions
by
remote
states.
32
i.
Nothing
in
this
compact
shall
override
a
member
state’s
33
decision
that
participation
in
an
alternative
program
may
be
34
used
in
lieu
of
adverse
action.
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j.
Nothing
in
this
compact
shall
authorize
a
member
state
to
1
demand
the
issuance
of
subpoenas
for
attendance
and
testimony
2
of
witnesses
or
the
production
of
evidence
from
another
member
3
state
for
lawful
actions
within
that
member
state.
4
k.
Nothing
in
this
compact
shall
authorize
a
member
state
to
5
impose
discipline
against
a
regulated
social
worker
who
holds
a
6
multistate
authorization
to
practice
for
lawful
actions
within
7
another
member
state.
8
10.
Establishment
of
social
work
licensure
compact
9
commission.
10
a.
The
compact
member
states
hereby
create
and
establish
11
a
joint
government
agency
whose
membership
consists
of
all
12
member
states
that
have
enacted
the
compact
known
as
the
social
13
work
licensure
compact
commission.
The
commission
is
an
14
instrumentality
of
the
compact
states
acting
jointly
and
not
an
15
instrumentality
of
any
one
state.
The
commission
shall
come
16
into
existence
on
or
after
the
effective
date
of
the
compact
17
as
set
forth
in
subsection
14.
18
b.
Membership,
voting,
and
meetings.
19
(1)
Each
member
state
shall
have,
and
shall
be
limited
20
to,
one
delegate
selected
by
that
member
state’s
licensing
21
authority.
22
(2)
The
delegate
shall
be
either
of
the
following:
23
(a)
A
current
member
of
the
licensing
authority
at
the
time
24
of
appointment,
who
is
a
regulated
social
worker
or
public
25
member
of
the
state
licensing
authority.
26
(b)
An
administrator
of
the
licensing
authority
or
the
27
administrator’s
designee.
28
(3)
The
commission
shall
by
rule
or
bylaw
establish
a
term
29
of
office
for
delegates
and
may
by
rule
or
bylaw
establish
term
30
limits.
31
(4)
The
commission
may
recommend
removal
or
suspension
of
32
any
delegate
from
office.
33
(5)
A
member
state’s
licensing
authority
shall
fill
any
34
vacancy
of
the
authority’s
delegate
occurring
on
the
commission
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within
sixty
days
of
the
vacancy.
1
(6)
Each
delegate
shall
be
entitled
to
one
vote
on
all
2
matters
before
the
commission
requiring
a
vote
by
commission
3
delegates.
4
(7)
A
delegate
shall
vote
in
person
or
by
such
other
5
means
as
provided
in
the
bylaws.
The
bylaws
may
provide
for
6
delegates
to
meet
by
telecommunication,
videoconference,
or
7
other
means
of
communication.
8
(8)
The
commission
shall
meet
at
least
once
during
each
9
calendar
year.
Additional
meetings
may
be
held
as
set
forth
10
in
the
bylaws.
The
commission
may
meet
by
telecommunication,
11
video
conference,
or
other
similar
electronic
means.
12
c.
The
commission
shall
have
the
following
powers:
13
(1)
Establish
the
fiscal
year
of
the
commission.
14
(2)
Establish
code
of
conduct
and
conflict
of
interest
15
policies.
16
(3)
Establish
and
amend
rules
and
bylaws.
17
(4)
Maintain
the
commission’s
financial
records
in
18
accordance
with
the
bylaws.
19
(5)
Meet
and
take
such
actions
as
are
consistent
with
the
20
provisions
of
this
compact,
the
commission’s
rules,
and
the
21
bylaws.
22
(6)
Initiate
and
conclude
legal
proceedings
or
actions
23
in
the
name
of
the
commission,
provided
that
the
standing
of
24
any
licensing
authority
to
sue
or
be
sued
under
applicable
law
25
shall
not
be
affected.
26
(7)
Maintain
and
certify
records
and
information
provided
27
to
a
member
state
as
the
authenticated
business
records
of
the
28
commission,
and
designate
an
agent
to
do
so
on
the
commission’s
29
behalf.
30
(8)
Purchase
and
maintain
insurance
and
bonds.
31
(9)
Borrow,
accept,
or
contract
for
services
of
personnel,
32
including
but
not
limited
to
employees
of
a
member
state.
33
(10)
Conduct
an
annual
financial
review.
34
(11)
Hire
employees,
elect
or
appoint
officers,
fix
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compensation,
define
duties,
grant
such
individuals
appropriate
1
authority
to
carry
out
the
purposes
of
the
compact,
and
2
establish
the
commission’s
personnel
policies
and
programs
3
relating
to
conflicts
of
interest,
qualifications
of
personnel,
4
and
other
related
personnel
matters.
5
(12)
Assess
and
collect
fees.
6
(13)
Accept
any
and
all
appropriate
gifts,
donations,
7
grants
of
money,
other
sources
of
revenue,
equipment,
supplies,
8
materials,
and
services,
and
receive,
utilize,
and
dispose
of
9
the
same,
provided
that
at
all
times
the
commission
shall
avoid
10
any
appearance
of
impropriety
or
conflict
of
interest.
11
(14)
Lease,
purchase,
retain,
own,
hold,
improve,
or
use
any
12
property,
real,
personal,
or
mixed,
or
any
undivided
interest
13
therein.
14
(15)
Sell,
convey,
mortgage,
pledge,
lease,
exchange,
15
abandon,
or
otherwise
dispose
of
any
property
real,
personal,
16
or
mixed.
17
(16)
Establish
a
budget
and
make
expenditures.
18
(17)
Borrow
money.
19
(18)
Appoint
committees,
including
standing
committees,
20
composed
of
members,
state
regulators,
state
legislators
or
the
21
legislators’
representatives,
and
consumer
representatives,
22
and
such
other
interested
persons
as
may
be
designated
in
this
23
compact
and
the
bylaws.
24
(19)
Provide
and
receive
information
from,
and
cooperate
25
with,
law
enforcement
agencies.
26
(20)
Establish
and
elect
an
executive
committee,
including
27
a
chair
and
a
vice
chair.
28
(21)
Determine
whether
a
state’s
adopted
language
is
29
materially
different
from
the
model
compact
language
such
that
30
the
state
would
not
qualify
for
participation
in
the
compact.
31
(22)
Perform
such
other
functions
as
may
be
necessary
or
32
appropriate
to
achieve
the
purposes
of
this
compact.
33
d.
The
executive
committee.
34
(1)
The
executive
committee
shall
have
the
power
to
act
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on
behalf
of
the
commission
according
to
the
terms
of
this
1
compact.
The
powers,
duties,
and
responsibilities
of
the
2
executive
committee
shall
include
all
of
the
following:
3
(a)
Oversee
the
day-to-day
activities
of
the
administration
4
of
the
compact
including
enforcement
and
compliance
with
the
5
provisions
of
the
compact,
the
commission’s
rules
and
bylaws,
6
and
other
such
duties
as
deemed
necessary.
7
(b)
Recommend
to
the
commission
changes
to
the
rules
or
8
bylaws,
changes
to
this
compact
legislation,
fees
charged
to
9
compact
member
states,
fees
charged
to
licensees,
and
other
10
fees.
11
(c)
Ensure
compact
administration
services
are
12
appropriately
provided,
including
by
contract.
13
(d)
Prepare
and
recommend
the
budget.
14
(e)
Maintain
financial
records
on
behalf
of
the
commission.
15
(f)
Monitor
compact
compliance
of
member
states
and
provide
16
compliance
reports
to
the
commission.
17
(g)
Establish
additional
committees
as
necessary.
18
(h)
Exercise
the
powers
and
duties
of
the
commission
during
19
the
interim
between
commission
meetings,
except
for
adopting
or
20
amending
rules,
adopting
or
amending
bylaws,
and
exercising
any
21
other
powers
and
duties
expressly
reserved
to
the
commission
22
by
rule
or
bylaw.
23
(i)
Other
duties
as
provided
in
the
rules
or
bylaws
of
the
24
commission.
25
(2)
The
executive
committee
shall
be
composed
of
up
to
26
eleven
members.
27
(a)
The
chair
and
vice
chair
of
the
commission
shall
be
28
voting
members
of
the
executive
committee.
29
(b)
The
commission
shall
elect
five
voting
members
from
the
30
current
membership
of
the
commission.
31
(c)
Up
to
four
ex
officio,
nonvoting
members
from
four
32
recognized
national
social
work
organizations.
33
(d)
The
ex
officio
members
will
be
selected
by
their
34
respective
organizations.
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(3)
The
commission
may
remove
any
member
of
the
executive
1
committee
as
provided
in
the
commission’s
bylaws.
2
(4)
The
executive
committee
shall
meet
at
least
annually.
3
(a)
Executive
committee
meetings
shall
be
open
to
the
4
public,
except
that
the
executive
committee
may
meet
in
5
a
closed,
nonpublic
meeting
as
provided
in
paragraph
“f”
,
6
subparagraph
(2).
7
(b)
The
executive
committee
shall
give
seven
days’
notice
8
of
its
meetings,
posted
on
the
committee’s
internet
site,
and
9
as
determined
to
provide
notice
to
persons
with
an
interest
in
10
the
business
of
the
commission.
11
(c)
The
executive
committee
may
hold
a
special
meeting
in
12
accordance
with
paragraph
“f”
,
subparagraph
(1),
subparagraph
13
division
(b).
14
e.
The
commission
shall
adopt
and
provide
to
the
member
15
states
an
annual
report.
16
f.
Meetings
of
the
commission.
17
(1)
All
meetings
shall
be
open
to
the
public,
except
that
18
the
commission
may
meet
in
a
closed,
nonpublic
meeting
as
19
provided
in
subparagraph
(2).
20
(a)
Public
notice
for
all
meetings
of
the
full
commission
21
of
meetings
shall
be
given
in
the
same
manner
as
required
22
under
the
rulemaking
provisions
in
subsection
12,
except
that
23
the
commission
may
hold
a
special
meeting
as
provided
in
24
subparagraph
division
(b).
25
(b)
The
commission
may
hold
a
special
meeting
when
the
26
commission
must
meet
to
conduct
emergency
business
by
giving
27
forty-eight
hours’
notice
to
all
commissioners,
on
the
28
commission’s
website,
and
other
means
as
provided
in
the
29
commission’s
rules.
The
commission’s
legal
counsel
shall
30
certify
that
the
commission’s
need
to
meet
qualifies
as
an
31
emergency.
32
(2)
The
commission,
the
executive
committee,
or
other
33
committees
of
the
commission
may
convene
in
a
closed,
nonpublic
34
meeting
for
the
commission,
executive
committee,
or
other
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committees
of
the
commission
to
receive
legal
advice
or
to
1
discuss
any
of
the
following:
2
(a)
Noncompliance
of
a
member
state
with
its
obligations
3
under
the
compact.
4
(b)
The
employment,
compensation,
discipline
or
other
5
matters,
practices,
or
procedures
related
to
specific
6
employees.
7
(c)
Current
or
threatened
discipline
of
a
licensee
by
the
8
commission
or
by
a
member
state’s
licensing
authority.
9
(d)
Current,
threatened,
or
reasonably
anticipated
10
litigation.
11
(e)
Negotiation
of
contracts
for
the
purchase,
lease,
or
12
sale
of
goods,
services,
or
real
estate.
13
(f)
Accusing
any
person
of
a
crime
or
formally
censuring
any
14
person.
15
(g)
Trade
secrets
or
commercial
or
financial
information
16
that
is
privileged
or
confidential.
17
(h)
Information
of
a
personal
nature
where
disclosure
would
18
constitute
a
clearly
unwarranted
invasion
of
personal
privacy.
19
(i)
Investigative
records
compiled
for
law
enforcement
20
purposes.
21
(j)
Information
related
to
any
investigative
reports
22
prepared
by,
or
on
behalf
of,
or
for
the
use
of,
the
commission
23
or
other
committee
charged
with
responsibility
of
investigation
24
or
determination
of
compliance
issues
pursuant
to
the
compact.
25
(k)
Matters
specifically
exempted
from
disclosure
by
26
federal
or
member
state
law.
27
(l)
Other
matters
as
promulgated
by
the
commission
by
rule.
28
(3)
If
a
meeting,
or
portion
of
a
meeting,
is
closed,
the
29
presiding
officer
shall
state
that
the
meeting
will
be
closed
30
and
reference
each
relevant
exempting
provision,
and
such
31
reference
shall
be
recorded
in
the
minutes.
32
(4)
The
commission
shall
keep
minutes
that
fully
and
clearly
33
describe
all
matters
discussed
in
a
meeting
and
shall
provide
34
a
full
and
accurate
summary
of
actions
taken,
and
the
reasons
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therefore,
including
a
description
of
the
views
expressed.
All
1
documents
considered
in
connection
with
an
action
shall
be
2
identified
in
such
minutes.
All
minutes
and
documents
of
a
3
closed
meeting
shall
remain
under
seal,
subject
to
release
only
4
by
a
majority
vote
of
the
commission
or
by
order
of
a
court
of
5
competent
jurisdiction.
6
g.
Financing
the
commission.
7
(1)
The
commission
shall
pay,
or
provide
for
the
payment
8
of,
the
reasonable
expenses
of
the
commission’s
establishment,
9
organization,
and
ongoing
activities.
10
(2)
The
commission
may
accept
any
and
all
appropriate
11
revenue
sources
as
provided
in
paragraph
“c”
,
subparagraph
12
(13).
13
(3)
The
commission
may
levy
on,
and
collect
an
annual
14
assessment
from,
each
member
state
and
impose
fees
on
licensees
15
of
member
states
to
whom
it
grants
a
multistate
license
16
to
cover
the
cost
of
the
operations
and
activities
of
the
17
commission
and
its
staff,
which
must
be
in
a
total
amount
18
sufficient
to
cover
the
commission’s
annual
budget
as
approved
19
each
year
for
which
revenue
is
not
provided
by
other
sources.
20
The
aggregate
annual
assessment
amount
for
member
states
shall
21
be
allocated
based
upon
a
formula
that
the
commission
shall
22
promulgate
by
rule.
23
(4)
The
commission
shall
not
incur
obligations
of
any
kind
24
prior
to
securing
the
funds
adequate
to
meet
the
same;
nor
25
shall
the
commission
pledge
the
credit
of
any
of
the
member
26
states,
except
by
and
with
the
authority
of
the
member
state.
27
(5)
The
commission
shall
keep
accurate
accounts
of
all
28
receipts
and
disbursements.
The
receipts
and
disbursements
29
of
the
commission
shall
be
subject
to
the
financial
review
30
and
accounting
procedures
established
under
its
bylaws.
31
However,
all
receipts
and
disbursements
of
funds
handled
by
the
32
commission
shall
be
subject
to
an
annual
financial
review
by
a
33
certified
or
licensed
public
accountant,
and
the
report
of
the
34
financial
review
shall
be
included
in,
and
become
part
of,
the
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annual
report
of
the
commission.
1
h.
Qualified
immunity,
defense,
and
indemnification.
2
(1)
The
members,
officers,
executive
director,
employees,
3
and
representatives
of
the
commission
shall
be
immune
from
suit
4
and
liability,
both
personally
and
in
their
official
capacity,
5
for
any
claim
for
damage
to
or
loss
of
property,
personal
6
injury,
or
other
civil
liability
caused
by
or
arising
out
of
7
any
actual
or
alleged
act,
error,
or
omission
that
occurred,
or
8
that
the
person
against
whom
the
claim
is
made
had
a
reasonable
9
basis
for
believing
occurred
within
the
scope
of
commission
10
employment,
duties,
or
responsibilities,
provided
that
nothing
11
in
this
paragraph
shall
be
construed
to
protect
any
such
12
person
from
suit
or
liability
for
any
damage,
loss,
injury,
13
or
liability
caused
by
the
intentional,
willful,
or
wanton
14
misconduct
of
that
person.
The
procurement
of
insurance
of
any
15
type
by
the
commission
shall
not
in
any
way
compromise
or
limit
16
the
immunity
granted
hereunder.
17
(2)
The
commission
shall
defend
any
member,
officer,
18
executive
director,
employee,
and
representative
of
the
19
commission
in
any
civil
action
seeking
to
impose
liability
20
arising
out
of
any
actual
or
alleged
act,
error,
or
omission
21
that
occurred
within
the
scope
of
commission
employment,
22
duties,
or
responsibilities,
or
as
determined
by
the
commission
23
that
the
person
against
whom
the
claim
is
made
had
a
reasonable
24
basis
for
believing
occurred
within
the
scope
of
commission
25
employment,
duties,
or
responsibilities,
provided
that
26
nothing
herein
shall
be
construed
to
prohibit
that
person
from
27
retaining
their
own
counsel
at
their
own
expense,
and
provided
28
further
that
the
actual
or
alleged
act,
error,
or
omission
did
29
not
result
from
that
person’s
intentional
or
willful
or
wanton
30
misconduct.
31
(3)
The
commission
shall
indemnify
and
hold
harmless
32
any
member,
officer,
executive
director,
employee,
and
33
representative
of
the
commission
for
the
amount
of
any
34
settlement
or
judgment
obtained
against
that
person
arising
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out
of
any
actual
or
alleged
act,
error,
or
omission
that
1
occurred
within
the
scope
of
commission
employment,
duties,
2
or
responsibilities,
or
that
such
person
had
a
reasonable
3
basis
for
believing
occurred
within
the
scope
of
commission
4
employment,
duties,
or
responsibilities,
provided
that
the
5
actual
or
alleged
act,
error,
or
omission
did
not
result
from
6
the
intentional
or
willful
or
wanton
misconduct
of
that
person.
7
(4)
Nothing
herein
shall
be
construed
as
a
limitation
on
8
the
liability
of
any
licensee
for
professional
malpractice
9
or
misconduct,
which
shall
be
governed
solely
by
any
other
10
applicable
state
laws.
11
(5)
Nothing
in
this
compact
shall
be
interpreted
to
12
waive
or
otherwise
abrogate
a
member
state’s
state
action
13
immunity
or
state
action
affirmative
defense
with
respect
to
14
antitrust
claims
under
the
Sherman
Act,
the
Clayton
Act,
or
15
any
other
state
or
federal
antitrust
or
anticompetitive
law
or
16
regulation.
17
(6)
Nothing
in
this
compact
shall
be
construed
to
be
a
18
waiver
of
sovereign
immunity
by
the
member
states
or
by
the
19
commission.
20
11.
Data
system.
21
a.
The
commission
shall
provide
for
the
development,
22
maintenance,
operation,
and
utilization
of
a
coordinated
data
23
system.
24
b.
The
commission
shall
assign
each
applicant
for
a
25
multistate
license
a
unique
identifier,
as
determined
by
the
26
rules
of
the
commission.
27
c.
Notwithstanding
any
other
provision
of
state
law
to
28
the
contrary,
a
member
state
shall
submit
a
uniform
data
set
29
to
the
data
system
on
all
individuals
to
whom
this
compact
30
is
applicable
as
required
by
the
rules
of
the
commission,
31
including
all
of
the
following:
32
(1)
Identifying
information.
33
(2)
Licensure
data.
34
(3)
Adverse
actions
against
a
license
and
information
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related
thereto.
1
(4)
Nonconfidential
information
related
to
alternative
2
program
participation,
the
beginning
and
ending
dates
of
3
such
participation,
and
other
information
related
to
such
4
participation
not
made
confidential
under
member
state
law.
5
(5)
Any
denial
of
application
for
licensure,
and
the
reason
6
for
such
denial.
7
(6)
The
presence
of
current
significant
investigative
8
information.
9
(7)
Other
information
that
may
facilitate
the
10
administration
of
this
compact
or
the
protection
of
the
public,
11
as
determined
by
the
rules
of
the
commission.
12
d.
The
records
and
information
provided
to
a
member
13
state
pursuant
to
this
compact
or
through
the
data
system,
14
when
certified
by
the
commission
or
an
agent
thereof,
15
shall
constitute
the
authenticated
business
records
of
the
16
commission,
and
shall
be
entitled
to
any
associated
hearsay
17
exception
in
any
relevant
judicial,
quasi-judicial,
or
18
administrative
proceedings
in
a
member
state.
19
e.
Current
significant
investigative
information
pertaining
20
to
a
licensee
in
any
member
state
will
only
be
available
to
21
other
member
states.
It
is
the
responsibility
of
the
member
22
states
to
report
any
adverse
action
against
a
licensee
and
to
23
monitor
the
database
to
determine
whether
adverse
action
has
24
been
taken
against
a
licensee.
Adverse
action
information
25
pertaining
to
a
licensee
in
any
member
state
will
be
available
26
to
any
other
member
state.
27
f.
Member
states
contributing
information
to
the
data
28
system
may
designate
information
that
may
not
be
shared
with
29
the
public
without
the
express
permission
of
the
contributing
30
state.
31
g.
Any
information
submitted
to
the
data
system
that
is
32
subsequently
expunged
pursuant
to
federal
law,
or
the
laws
of
33
the
member
state
contributing
the
information,
shall
be
removed
34
from
the
data
system.
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12.
Rulemaking.
1
a.
The
commission
shall
promulgate
reasonable
rules
in
2
order
to
effectively
and
efficiently
implement
and
administer
3
the
purposes
and
provisions
of
the
compact.
A
rule
shall
4
be
invalid
and
have
no
force
or
effect
only
if
a
court
of
5
competent
jurisdiction
holds
that
the
rule
is
invalid
because
6
the
commission
exercised
its
rulemaking
authority
in
a
manner
7
that
is
beyond
the
scope
and
purposes
of
the
compact,
or
the
8
powers
granted
hereunder,
or
based
upon
another
applicable
9
standard
of
review.
10
b.
The
rules
of
the
commission
shall
have
the
force
of
11
law
in
each
member
state,
provided
however
that
where
the
12
rules
of
the
commission
conflict
with
the
laws
of
the
member
13
state
that
establish
the
member
state’s
laws,
regulations,
and
14
applicable
standards
that
govern
the
practice
of
social
work
15
as
held
by
a
court
of
competent
jurisdiction,
the
rules
of
the
16
commission
shall
be
ineffective
in
that
state
to
the
extent
of
17
the
conflict.
18
c.
The
commission
shall
exercise
its
rulemaking
powers
19
pursuant
to
the
criteria
set
forth
in
this
section
and
the
20
rules
adopted
thereunder.
Rules
shall
become
binding
on
the
21
day
following
adoption
or
the
date
specified
in
the
rule
or
22
amendment,
whichever
is
later.
23
d.
If
a
majority
of
the
legislatures
of
the
member
states
24
rejects
a
rule
or
portion
of
a
rule,
by
enactment
of
a
statute
25
or
resolution
in
the
same
manner
used
to
adopt
the
compact
26
within
four
years
of
the
date
of
adoption
of
the
rule,
then
27
such
rule
shall
have
no
further
force
and
effect
in
any
member
28
state.
29
e.
Rules
shall
be
adopted
at
a
regular
or
special
meeting
30
of
the
commission.
31
f.
Prior
to
adoption
of
a
proposed
rule,
the
commission
32
shall
hold
a
public
hearing
and
allow
persons
to
provide
oral
33
and
written
comments,
data,
facts,
opinions,
and
arguments.
34
g.
Prior
to
adoption
of
a
proposed
rule
by
the
commission,
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and
at
least
thirty
days
in
advance
of
the
meeting
at
which
the
1
commission
will
hold
a
public
hearing
on
the
proposed
rule,
2
the
commission
shall
provide
a
notice
of
proposed
rulemaking
3
as
follows:
4
(1)
On
the
internet
site
of
the
commission
or
other
publicly
5
accessible
platform.
6
(2)
To
persons
who
have
requested
notice
of
the
commission’s
7
notices
of
proposed
rulemaking.
8
(3)
In
such
other
ways
as
the
commission
may
by
rule
9
specify.
10
h.
The
notice
of
proposed
rulemaking
shall
include
all
of
11
the
following:
12
(1)
The
time,
date,
and
location
of
the
public
hearing
at
13
which
the
commission
will
hear
public
comments
on
the
proposed
14
rule
and,
if
different,
the
time,
date,
and
location
of
the
15
meeting
where
the
commission
will
consider
and
vote
on
the
16
proposed
rule.
17
(2)
If
the
hearing
is
held
via
telecommunication,
video
18
conference,
or
other
electronic
means,
the
commission
shall
19
include
the
mechanism
for
access
to
the
hearing
in
the
notice
20
of
proposed
rulemaking.
21
(3)
The
text
of
the
proposed
rule
and
the
reason
therefor.
22
(4)
A
request
for
comments
on
the
proposed
rule
from
any
23
interested
person.
24
(5)
The
manner
in
which
interested
persons
may
submit
25
written
comments.
26
i.
All
hearings
will
be
recorded.
A
copy
of
the
recording
27
and
all
written
comments
and
documents
received
by
the
28
commission
in
response
to
the
proposed
rule
shall
be
available
29
to
the
public.
30
j.
Nothing
in
this
subsection
shall
be
construed
as
31
requiring
a
separate
hearing
on
each
rule.
Rules
may
be
32
grouped
for
the
convenience
of
the
commission
at
hearings
33
required
by
this
subsection.
34
k.
The
commission
shall,
by
majority
vote
of
all
members,
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take
final
action
on
the
proposed
rule
based
on
the
rulemaking
1
record
and
the
full
text
of
the
rule.
2
(1)
The
commission
may
adopt
changes
to
the
proposed
rule
3
provided
the
changes
do
not
enlarge
the
original
purpose
of
the
4
proposed
rule.
5
(2)
The
commission
shall
provide
an
explanation
of
the
6
reasons
for
substantive
changes
made
to
the
proposed
rule
as
7
well
as
reasons
for
substantive
changes
not
made
that
were
8
recommended
by
commenters.
9
(3)
The
commission
shall
determine
a
reasonable
effective
10
date
for
the
rule.
Except
for
an
emergency
as
provided
in
11
paragraph
“l”
,
the
effective
date
of
the
rule
shall
be
no
sooner
12
than
thirty
days
after
issuing
the
notice
that
the
commission
13
adopted
or
amended
the
rule.
14
l.
Upon
determination
that
an
emergency
exists,
the
15
commission
may
consider
and
adopt
an
emergency
rule
with
16
forty-eight
hours’
notice,
with
opportunity
to
comment,
17
provided
that
the
usual
rulemaking
procedures
provided
in
the
18
compact
and
in
this
subsection
shall
be
retroactively
applied
19
to
the
rule
as
soon
as
reasonably
possible,
in
no
event
later
20
than
ninety
days
after
the
effective
date
of
the
rule.
For
the
21
purposes
of
this
paragraph,
an
emergency
rule
is
one
that
must
22
be
adopted
immediately
in
order
to
do
one
of
the
following:
23
(1)
Meet
an
imminent
threat
to
public
health,
safety,
or
24
welfare.
25
(2)
Prevent
a
loss
of
commission
or
member
state
funds.
26
(3)
Meet
a
deadline
for
the
promulgation
of
a
rule
that
is
27
established
by
federal
law
or
rule.
28
(4)
Protect
public
health
and
safety.
29
m.
The
commission
or
an
authorized
committee
of
the
30
commission
may
direct
revisions
to
a
previously
adopted
rule
31
for
purposes
of
correcting
typographical
errors,
errors
in
32
format,
errors
in
consistency,
or
grammatical
errors.
Public
33
notice
of
any
revisions
shall
be
posted
on
the
internet
site
34
of
the
commission.
The
revision
shall
be
subject
to
challenge
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by
any
person
for
a
period
of
thirty
days
after
posting.
The
1
revision
may
be
challenged
only
on
grounds
that
the
revision
2
results
in
a
material
change
to
a
rule.
A
challenge
shall
3
be
made
in
writing
and
delivered
to
the
commission
prior
to
4
the
end
of
the
notice
period.
If
no
challenge
is
made,
the
5
revision
will
take
effect
without
further
action.
If
the
6
revision
is
challenged,
the
revision
may
not
take
effect
7
without
the
approval
of
the
commission.
8
n.
No
member
state’s
rulemaking
requirements
shall
apply
9
under
this
compact.
10
13.
Oversight,
dispute
resolution,
and
enforcement.
11
a.
Oversight.
12
(1)
The
executive
and
judicial
branches
of
state
government
13
in
each
member
state
shall
enforce
this
compact
and
take
all
14
actions
necessary
and
appropriate
to
implement
the
compact.
15
(2)
Except
as
otherwise
provided
in
this
compact,
venue
is
16
proper
and
judicial
proceedings
by
or
against
the
commission
17
shall
be
brought
solely
and
exclusively
in
a
court
of
competent
18
jurisdiction
where
the
principal
office
of
the
commission
is
19
located.
The
commission
may
waive
venue
and
jurisdictional
20
defenses
to
the
extent
the
commission
adopts
or
consents
to
21
participate
in
alternative
dispute
resolution
proceedings.
22
Nothing
herein
shall
affect
or
limit
the
selection
or
propriety
23
of
venue
in
any
action
against
a
licensee
for
professional
24
malpractice,
misconduct,
or
any
such
similar
matter.
25
(3)
The
commission
shall
be
entitled
to
receive
service
26
of
process
in
any
proceeding
regarding
the
enforcement
or
27
interpretation
of
the
compact
and
shall
have
standing
to
28
intervene
in
such
a
proceeding
for
all
purposes.
Failure
29
to
provide
the
commission
service
of
process
shall
render
a
30
judgment
or
order
void
as
to
the
commission,
this
compact,
or
31
promulgated
rules.
32
b.
Default,
technical
assistance,
and
termination.
33
(1)
If
the
commission
determines
that
a
member
state
has
34
defaulted
in
the
performance
of
the
member
state’s
obligations
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or
responsibilities
under
this
compact
or
the
promulgated
1
rules,
the
commission
shall
provide
written
notice
to
the
2
defaulting
state.
The
notice
of
default
shall
describe
the
3
default,
the
proposed
means
of
curing
the
default,
and
any
4
other
action
that
the
commission
may
take,
and
shall
offer
5
training
and
specific
technical
assistance
regarding
the
6
default.
7
(2)
The
commission
shall
provide
a
copy
of
the
notice
of
8
default
to
the
other
member
states.
9
c.
If
a
state
in
default
fails
to
cure
the
default,
the
10
defaulting
state
may
be
terminated
from
the
compact
upon
an
11
affirmative
vote
of
a
majority
of
the
delegates
of
the
member
12
states,
and
all
rights,
privileges,
and
benefits
conferred
on
13
that
state
by
this
compact
may
be
terminated
on
the
effective
14
date
of
termination.
A
cure
of
the
default
does
not
relieve
15
the
offending
state
of
obligations
or
liabilities
incurred
16
during
the
period
of
default.
17
d.
Termination
of
membership
in
the
compact
shall
be
imposed
18
only
after
all
other
means
of
securing
compliance
have
been
19
exhausted.
Notice
of
intent
to
suspend
or
terminate
shall
20
be
given
by
the
commission
to
the
governor,
the
majority
and
21
minority
leaders
of
the
defaulting
state’s
legislature,
the
22
defaulting
state’s
state
licensing
authority,
and
each
of
the
23
member
states’
licensing
authority.
24
e.
A
state
that
has
been
terminated
is
responsible
for
all
25
assessments,
obligations,
and
liabilities
incurred
through
26
the
effective
date
of
termination,
including
obligations
that
27
extend
beyond
the
effective
date
of
termination.
28
f.
Upon
the
termination
of
a
state’s
membership
from
29
this
compact,
that
state
shall
immediately
provide
notice
to
30
all
licensees
within
that
state
of
such
termination.
The
31
terminated
state
shall
continue
to
recognize
all
licenses
32
granted
pursuant
to
this
compact
for
a
minimum
of
six
months
33
after
the
date
of
said
notice
of
termination.
34
g.
The
commission
shall
not
bear
any
costs
related
to
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a
state
that
is
found
to
be
in
default,
or
that
has
been
1
terminated
from
the
compact,
unless
agreed
upon
in
writing
2
between
the
commission
and
the
defaulting
state.
3
h.
The
defaulting
state
may
appeal
the
action
of
the
4
commission
by
petitioning
the
United
States
district
court
5
for
the
District
of
Columbia
or
the
federal
district
where
6
the
commission
has
its
principal
offices.
The
prevailing
7
party
shall
be
awarded
all
costs
of
such
litigation,
including
8
reasonable
attorney
fees.
9
i.
Dispute
resolution.
10
(1)
Upon
request
by
a
member
state,
the
commission
shall
11
attempt
to
resolve
disputes
related
to
the
compact
that
arise
12
among
member
states
and
between
member
and
nonmember
states.
13
(2)
The
commission
shall
promulgate
a
rule
providing
for
14
both
mediation
and
binding
dispute
resolution
for
disputes
as
15
appropriate.
16
j.
Enforcement.
17
(1)
By
majority
vote
as
provided
by
rule,
the
commission
may
18
initiate
legal
action
against
a
member
state
in
default
in
the
19
United
States
district
court
for
the
District
of
Columbia,
or
20
in
the
federal
district
where
the
commission
has
its
principal
21
offices,
to
enforce
compliance
with
the
provisions
of
the
22
compact
and
rules
promulgated
under
the
compact.
The
relief
23
sought
may
include
both
injunctive
relief
and
damages.
In
24
the
event
judicial
enforcement
is
necessary,
the
prevailing
25
party
shall
be
awarded
all
costs
of
such
litigation,
including
26
reasonable
attorney
fees.
The
remedies
herein
shall
not
be
27
the
exclusive
remedies
of
the
commission.
The
commission
28
may
pursue
any
other
remedies
available
under
federal
or
the
29
defaulting
member
state’s
law.
30
(2)
A
member
state
may
initiate
legal
action
against
the
31
commission
in
the
United
States
district
court
for
the
District
32
of
Columbia,
or
in
the
federal
district
where
the
commission
33
has
its
principal
offices,
to
enforce
compliance
with
the
34
provisions
of
the
compact
and
rules
promulgated
under
the
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compact.
The
relief
sought
may
include
both
injunctive
relief
1
and
damages.
In
the
event
judicial
enforcement
is
necessary,
2
the
prevailing
party
shall
be
awarded
all
costs
of
such
3
litigation,
including
reasonable
attorney
fees.
4
(3)
No
person
other
than
a
member
state
shall
enforce
this
5
compact
against
the
commission.
6
14.
Effective
date,
withdrawal,
and
amendment.
7
a.
The
compact
shall
come
into
effect
on
the
date
on
which
8
the
compact
statute
is
enacted
into
law
in
the
seventh
member
9
state.
10
(1)
On
or
after
the
effective
date
of
the
compact,
the
11
commission
shall
convene
and
review
the
enactment
of
each
of
12
the
first
seven
member
states
to
determine
if
the
statute
13
enacted
by
each
such
charter
member
state
is
materially
14
different
than
the
model
compact
statute.
15
(a)
A
charter
member
state
whose
enactment
is
found
to
be
16
materially
different
from
the
model
compact
statute
shall
be
17
entitled
to
the
default
process
set
forth
in
subsection
13.
18
(b)
If
any
member
state
is
later
found
to
be
in
default,
19
or
is
terminated
or
withdraws
from
the
compact,
the
commission
20
shall
remain
in
existence
and
the
compact
shall
remain
in
21
effect
even
if
the
number
of
member
states
should
be
less
than
22
seven.
23
(2)
Member
states
enacting
the
compact
subsequent
to
the
24
seven
initial
charter
member
states
shall
be
subject
to
the
25
process
set
forth
in
subsection
10,
paragraph
“c”
,
subparagraph
26
(21),
to
determine
if
their
enactments
are
materially
different
27
from
the
model
compact
statute
and
whether
they
qualify
for
28
participation
in
the
compact.
29
(3)
All
actions
taken
for
the
benefit
of
the
commission
30
or
in
furtherance
of
the
purposes
of
the
administration
of
31
the
compact
prior
to
the
effective
date
of
the
compact
or
the
32
commission
coming
into
existence
shall
be
considered
to
be
33
actions
of
the
commission
unless
specifically
repudiated
by
the
34
commission.
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(4)
Any
state
that
joins
the
compact
subsequent
to
the
1
commission’s
initial
adoption
of
the
rules
and
bylaws
shall
be
2
subject
to
the
rules
and
bylaws
as
they
exist
on
the
date
on
3
which
the
compact
becomes
law
in
that
state.
Any
rule
that
has
4
been
previously
adopted
by
the
commission
shall
have
the
full
5
force
and
effect
of
law
on
the
day
the
compact
becomes
law
in
6
that
state.
7
b.
Any
member
state
may
withdraw
from
this
compact
by
8
enacting
a
statute
repealing
the
same.
9
(1)
A
member
state’s
withdrawal
shall
not
take
effect
10
until
one
hundred
eighty
days
after
enactment
of
the
repealing
11
statute.
12
(2)
Withdrawal
shall
not
affect
the
continuing
requirement
13
of
the
withdrawing
state’s
licensing
authority
to
comply
with
14
the
investigative
and
adverse
action
reporting
requirements
of
15
this
compact
prior
to
the
effective
date
of
withdrawal.
16
(3)
Upon
the
enactment
of
a
statute
withdrawing
from
this
17
compact,
a
state
shall
immediately
provide
notice
of
such
18
withdrawal
to
all
licensees
within
that
state.
Notwithstanding
19
any
subsequent
statutory
enactment
to
the
contrary,
such
20
withdrawing
state
shall
continue
to
recognize
all
licenses
21
granted
pursuant
to
this
compact
for
a
minimum
of
one
hundred
22
eighty
days
after
the
date
of
such
notice
of
withdrawal.
23
c.
Nothing
contained
in
this
compact
shall
be
construed
24
to
invalidate
or
prevent
any
licensure
agreement
or
other
25
cooperative
arrangement
between
a
member
state
and
a
nonmember
26
state
that
does
not
conflict
with
the
provisions
of
this
27
compact.
28
d.
This
compact
may
be
amended
by
the
member
states.
No
29
amendment
to
this
compact
shall
become
effective
and
binding
30
upon
any
member
state
until
the
amendment
is
enacted
into
the
31
laws
of
all
member
states.
32
15.
Construction
and
severability.
33
a.
This
compact
and
the
commission’s
rulemaking
authority
34
shall
be
liberally
construed
so
as
to
effectuate
the
purposes,
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and
the
implementation
and
administration
of
the
compact.
1
Provisions
of
the
compact
expressly
authorizing
or
requiring
2
the
promulgation
of
rules
shall
not
be
construed
to
limit
the
3
commission’s
rulemaking
authority
solely
for
those
purposes.
4
b.
The
provisions
of
this
compact
shall
be
severable
and
5
if
any
phrase,
clause,
sentence,
or
provision
of
this
compact
6
is
held
by
a
court
of
competent
jurisdiction
to
be
contrary
7
to
the
constitution
of
any
member
state,
a
state
seeking
8
participation
in
the
compact,
or
of
the
United
States,
or
9
the
applicability
thereof
to
any
government,
agency,
person,
10
or
circumstance
is
held
to
be
unconstitutional
by
a
court
of
11
competent
jurisdiction,
the
validity
of
the
remainder
of
this
12
compact
and
the
applicability
thereof
to
any
other
government,
13
agency,
person,
or
circumstance
shall
not
be
affected
thereby.
14
c.
Notwithstanding
paragraph
“b”
,
the
commission
may
deny
15
a
state’s
participation
in
the
compact
or,
in
accordance
with
16
the
requirements
of
subsection
13,
paragraph
“b”
,
terminate
a
17
member
state’s
participation
in
the
compact,
if
the
commission
18
determines
that
a
constitutional
requirement
of
a
member
state
19
is
a
material
departure
from
the
compact.
Otherwise,
if
this
20
compact
shall
be
held
to
be
contrary
to
the
constitution
of
any
21
member
state,
the
compact
shall
remain
in
full
force
and
effect
22
as
to
the
remaining
member
states,
and
in
full
force
and
effect
23
as
to
the
member
state
affected
as
to
all
severable
matters.
24
16.
Consistent
effect
and
conflict
with
other
state
laws.
25
a.
A
licensee
providing
services
in
a
remote
state
under
a
26
multistate
authorization
to
practice
shall
adhere
to
the
laws
27
and
regulations,
including
laws,
regulations,
and
applicable
28
standards,
of
the
remote
state
where
the
client
is
located
at
29
the
time
care
is
rendered.
30
b.
Nothing
herein
shall
prevent
or
inhibit
the
enforcement
31
of
any
other
law
of
a
member
state
that
is
not
inconsistent
32
with
the
compact.
33
c.
Any
laws,
statutes,
regulations,
or
other
legal
34
requirements
in
a
member
state
in
conflict
with
the
compact
are
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superseded
to
the
extent
of
the
conflict.
1
d.
All
permissible
agreements
between
the
commission
and
the
2
member
states
are
binding
in
accordance
with
the
terms
of
the
3
agreement.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
establishes
the
social
work
licensure
compact.
8
The
compact
establishes
a
system
whereby
a
social
worker
9
licensed
to
practice
in
one
member
state
may
practice
in
10
another
member
state
under
a
multistate
license
without
11
applying
for
a
license
in
that
state.
The
compact
imposes
12
certain
minimum
requirements
on
the
licensure
of
social
workers
13
in
member
states.
14
The
compact
creates
a
commission
to
administer
the
operation
15
of
the
compact.
The
commission
is
an
instrumentality
of
the
16
member
states.
The
compact
includes
provisions
relating
to
the
17
establishment
and
membership
of
the
commission;
powers
of
the
18
commission,
meetings
and
voting
requirements
of
the
commission;
19
commission
bylaws
and
rules;
commission
committees;
commission
20
finances;
the
establishment
of
a
licensure
data
system;
21
oversight
by
member
states;
compacting
state
compliance;
22
venue
for
judicial
proceedings;
defense
and
indemnification;
23
effective
dates
and
amendments
to
the
compact;
withdrawal,
24
default,
and
expulsion;
severability
and
construction;
and
the
25
binding
effect
of
the
compact
and
other
laws.
26
The
compact
becomes
effective
upon
the
adoption
of
the
27
compact
by
the
seventh
participating
state.
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