Darby Bill Lets Out-Of-State Social Workers Skip The Texas License

The text as introduced · 9,493 words

89R4828 RAL-D

By: Darby
H.B. No. 3503

A BILL TO BE ENTITLED

AN ACT

relating to the Social Work Licensure Compact; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 505, Occupations Code, is amended by

adding Subchapter M to read as follows:

SUBCHAPTER M. SOCIAL WORK LICENSURE COMPACT

Sec. 505.651. SOCIAL WORK LICENSURE COMPACT. The Social

Work Licensure Compact is enacted and entered into with all other

jurisdictions that legally join in the compact, which reads as

follows:

SOCIAL WORK LICENSURE COMPACT

SECTION 1: PURPOSE

The purpose of this Compact is to facilitate interstate

practice of Regulated Social Workers by improving public access to

competent Social Work Services. The Compact preserves the

regulatory authority of States to protect public health and safety

through the current system of State licensure.

This Compact is designed to achieve the following objectives:

A. Increase public access to Social Work Services;

B. Reduce overly burdensome and duplicative requirements

associated with holding multiple licenses;

C. Enhance the Member States' ability to protect the

public's health and safety;

D. Encourage the cooperation of Member States in regulating

multistate practice;

E. Promote mobility and address workforce shortages by

eliminating the necessity for licenses in multiple States by

providing for the mutual recognition of other Member State

licenses;

F. Support military families;

G. Facilitate the exchange of licensure and disciplinary

information among Member States;

H. Authorize all Member States to hold a Regulated Social

Worker accountable for abiding by a Member State's laws,

regulations, and applicable professional standards in the Member

State in which the client is located at the time care is rendered;

and

I. Allow for the use of telehealth to facilitate increased

access to regulated Social Work Services.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided,

the following definitions shall apply:

A. "Active Military Member" means any individual with

full-time duty status in the active armed forces of the United

States including members of the National Guard and Reserve.

B. "Adverse Action" means any administrative, civil,

equitable or criminal action permitted by a State's laws which is

imposed by a Licensing Authority or other authority against a

Regulated Social Worker, including actions against an individual's

license or Multistate Authorization to Practice such as revocation,

suspension, probation, monitoring of the Licensee, limitation on

the Licensee's practice, or any other Encumbrance on licensure

affecting a Regulated Social Worker's authorization to practice,

including issuance of a cease and desist action.

C. "Alternative Program" means a non-disciplinary

monitoring or practice remediation process approved by a Licensing

Authority to address practitioners with an Impairment.

D. "Charter Member States" - Member States who have enacted

legislation to adopt this Compact where such legislation predates

the effective date of this Compact as described in Section 14.

E. "Compact Commission" or "Commission" means the

government agency whose membership consists of all States that have

enacted this Compact, which is known as the Social Work Licensure

Compact Commission, as described in Section 10, and which shall

operate as an instrumentality of the Member States.

F. "Current Significant Investigative Information" means:

1. Investigative information that a Licensing

Authority, after a preliminary inquiry that includes notification

and an opportunity for the Regulated Social Worker to respond has

reason to believe is not groundless and, if proved true, would

indicate more than a minor infraction as may be defined by the

Commission; or

2. Investigative information that indicates that the

Regulated Social Worker represents an immediate threat to public

health and safety, as may be defined by the Commission, regardless

of whether the Regulated Social Worker has been notified and has had

an opportunity to respond.

G. "Data System" means a repository of information about

Licensees, including, continuing education, examination,

licensure, Current Significant Investigative Information,

Disqualifying Event, Multistate License(s) and Adverse Action

information or other information as required by the Commission.

H. "Disqualifying Event" means any Adverse Action or

incident which results in an Encumbrance that disqualifies or makes

the Licensee ineligible to either obtain, retain or renew a

Multistate License.

I. "Domicile" means the jurisdiction in which the Licensee

resides and intends to remain indefinitely.

J. "Encumbrance" means a revocation or suspension of, or any

limitation on, the full and unrestricted practice of Social Work

licensed and regulated by a Licensing Authority.

K. "Executive Committee" means a group of delegates elected

or appointed to act on behalf of, and within the powers granted to

them by, the compact and Commission.

L. "Home State" means the Member State that is the

Licensee's primary Domicile.

M. "Impairment" means a condition(s) that may impair a

practitioner's ability to engage in full and unrestricted practice

as a Regulated Social Worker without some type of intervention and

may include alcohol and drug dependence, mental health impairment,

and neurological or physical impairments.

N. "Licensee(s)" means an individual who currently holds a

license from a State to practice as a Regulated Social Worker.

O. "Licensing Authority" means the board or agency of a

Member State, or equivalent, that is responsible for the licensing

and regulation of Regulated Social Workers.

P. "Member State" means a state, commonwealth, district, or

territory of the United States of America that has enacted this

Compact.

Q. "Multistate Authorization to Practice" means a legally

authorized privilege to practice, which is equivalent to a license,

associated with a Multistate License permitting the practice of

Social Work in a Remote State.

R. "Multistate License" means a license to practice as a

Regulated Social Worker issued by a Home State Licensing Authority

that authorizes the Regulated Social Worker to practice in all

Member States under Multistate Authorization to Practice.

S. "Qualifying National Exam" means a national licensing

examination approved by the Commission.

T. "Regulated Social Worker" means any clinical, master's

or bachelor's Social Worker licensed by a Member State regardless

of the title used by that Member State.

U. "Remote State" means a Member State other than the

Licensee's Home State.

V. "Rule(s)" or "Rule(s) of the Commission" means a

regulation or regulations duly promulgated by the Commission, as

authorized by the Compact, that has the force of law.

W. "Single State License" means a Social Work license issued

by any State that authorizes practice only within the issuing State

and does not include Multistate Authorization to Practice in any

Member State.

X. "Social Work" or "Social Work Services" means the

application of social work theory, knowledge, methods, ethics, and

the professional use of self to restore or enhance social,

psychosocial, or biopsychosocial functioning of individuals,

couples, families, groups, organizations, and communities through

the care and services provided by a Regulated Social Worker as set

forth in the Member State's statutes and regulations in the State

where the services are being provided.

Y. "State" means any state, commonwealth, district, or

territory of the United States of America that regulates the

practice of Social Work.

Z. "Unencumbered License" means a license that authorizes a

Regulated Social Worker to engage in the full and unrestricted

practice of Social Work.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. To be eligible to participate in the compact, a potential

Member State must currently meet all of the following criteria:

1. License and regulate the practice of Social Work at

either the clinical, master's, or bachelor's category.

2. Require applicants for licensure to graduate from a

program that is:

a. Operated by a college or university recognized

by the Licensing Authority;

b. Accredited, or in candidacy by an institution

that subsequently becomes accredited, by an accrediting agency

recognized by either:

i. the Council for Higher Education

Accreditation, or its successor; or

ii. the United States Department of

Education; and

c. Corresponds to the licensure sought as

outlined in Section 4.

3. Require applicants for clinical licensure to

complete a period of supervised practice.

4. Have a mechanism in place for receiving,

investigating, and adjudicating complaints about Licensees.

B. To maintain membership in the Compact a Member State

shall:

1. Require that applicants for a Multistate License

pass a Qualifying National Exam for the corresponding category of

Multistate License sought as outlined in Section 4.

2. Participate fully in the Commission's Data System,

including using the Commission's unique identifier as defined in

Rules;

3. Notify the Commission, in compliance with the terms

of the Compact and Rules, of any Adverse Action or the availability

of Current Significant Investigative Information regarding a

Licensee;

4. Implement procedures for considering the criminal

history records of applicants for a Multistate License. Such

procedures shall include the submission of fingerprints or other

biometric-based information by applicants for the purpose of

obtaining an applicant's criminal history record information from

the Federal Bureau of Investigation and the agency responsible for

retaining that State's criminal records.

5. Comply with the Rules of the Commission;

6. Require an applicant to obtain or retain a license

in the Home State and meet the Home State's qualifications for

licensure or renewal of licensure, as well as all other applicable

Home State laws;

7. Authorize a Licensee holding a Multistate License

in any Member State to practice in accordance with the terms of the

Compact and Rules of the Commission; and

8. Designate a delegate to participate in the

Commission meetings.

C. A Member State meeting the requirements of Section 3.A.

and 3.B of this Compact shall designate the categories of Social

Work licensure that are eligible for issuance of a Multistate

License for applicants in such Member State. To the extent that any

Member State does not meet the requirements for participation in

the Compact at any particular category of Social Work licensure,

such Member State may choose, but is not obligated to, issue a

Multistate License to applicants that otherwise meet the

requirements of Section 4 for issuance of a Multistate License in

such category or categories of licensure.

D. The Home State may charge a fee for granting the

Multistate License.

SECTION 4. SOCIAL WORKER PARTICIPATION IN THE COMPACT

A. To be eligible for a Multistate License under the terms

and provisions of the Compact, an applicant, regardless of category

must:

1. Hold or be eligible for an active, Unencumbered

License in the Home State;

2. Pay any applicable fees, including any State fee,

for the Multistate License;

3. Submit, in connection with an application for a

Multistate License, fingerprints or other biometric data for the

purpose of obtaining criminal history record information from the

Federal Bureau of Investigation and the agency responsible for

retaining that State's criminal records.

4. Notify the Home State of any Adverse Action,

Encumbrance, or restriction on any professional license taken by

any Member State or non-Member State within 30 days from the date

the action is taken.

5. Meet any continuing competence requirements

established by the Home State;

6. Abide by the laws, regulations, and applicable

standards in the Member State where the client is located at the

time care is rendered.

B. An applicant for a clinical-category Multistate License

must meet all of the following requirements:

2. Fulfill a competency requirement, which shall be

satisfied by either:

a. Passage of a clinical-category Qualifying

National Exam; or

b. Licensure of the applicant in their Home State

at the clinical category, beginning prior to such time as a

Qualifying National Exam was required by the Home State and

accompanied by a period of continuous Social Work licensure

thereafter, all of which may be further governed by the Rules of the

Commission; or

c. The substantial equivalency of the foregoing

competency requirements which the Commission may determine by Rule.

3. Attain at least a master's degree in Social Work

from a program that is:

a. Operated by a college or university recognized

by the Licensing Authority; and

b. Accredited, or in candidacy that subsequently

becomes accredited, by an accrediting agency recognized by either:

i. the Council for Higher Education

Accreditation or its successor; or

ii. the United States Department of

Education.

4. Fulfill a practice requirement, which shall be

satisfied by demonstrating completion of either:

a. A period of postgraduate supervised clinical

practice equal to a minimum of three thousand hours; or

b. A minimum of two years of full-time

postgraduate supervised clinical practice; or

c. The substantial equivalency of the foregoing

practice requirements which the Commission may determine by Rule.

C. An applicant for a master's-category Multistate License

must meet all of the following requirements:

1. Fulfill a competency requirement, which shall be

satisfied by either:

a. Passage of a masters-category Qualifying

National Exam;

b. Licensure of the applicant in their Home State

at the master's category, beginning prior to such time as a

Qualifying National Exam was required by the Home State at the

master's category and accompanied by a continuous period of Social

Work licensure thereafter, all of which may be further governed by

the Rules of the Commission; or

c. The substantial equivalency of the foregoing

competency requirements which the Commission may determine by Rule.

2. Attain at least a master's degree in Social Work

from a program that is:

a. Operated by a college or university recognized

by the Licensing Authority; and

b. Accredited, or in candidacy that subsequently

becomes accredited, by an accrediting agency recognized by either:

i. the Council for Higher Education

Accreditation or its successor; or

ii. the United States Department of

Education.

D. An applicant for a bachelor's-category Multistate

License must meet all of the following requirements:

1. Fulfill a competency requirement, which shall be

satisfied by either:

a. Passage of a bachelor's-category Qualifying

National Exam;

b. Licensure of the applicant in their Home State

at the bachelor's category, beginning prior to such time as a

Qualifying National Exam was required by the Home State and

accompanied by a period of continuous Social Work licensure

thereafter, all of which may be further governed by the Rules of the

Commission; or

c. The substantial equivalency of the foregoing

competency requirements which the Commission may determine by Rule.

2. Attain at least a bachelor's degree in Social Work

from a program that is:

a. Operated by a college or university recognized

by the Licensing Authority; and

b. Accredited, or in candidacy that subsequently

becomes accredited, by an accrediting agency recognized by either:

i. the Council for Higher Education

Accreditation or its successor; or

ii. the United States Department of

Education.

E. The Multistate License for a Regulated Social Worker is

subject to the renewal requirements of the Home State. The

Regulated Social Worker must maintain compliance with the

requirements of Section 4(A) to be eligible to renew a Multistate

License.

F. The Regulated Social Worker's services in a Remote State

are subject to that Member State's regulatory authority. A Remote

State may, in accordance with due process and that Member State's

laws, remove a Regulated Social Worker's Multistate Authorization

to Practice in the Remote State for a specific period of time,

impose fines, and take any other necessary actions to protect the

health and safety of its citizens.

G. If a Multistate License is encumbered, the Regulated

Social Worker's Multistate Authorization to Practice shall be

deactivated in all Remote States until the Multistate License is no

longer encumbered.

H. If a Multistate Authorization to Practice is encumbered

in a Remote State, the regulated Social Worker's Multistate

Authorization to Practice may be deactivated in that State until

the Multistate Authorization to Practice is no longer encumbered.

SECTION 5: ISSUANCE OF A MULTISTATE LICENSE

A. Upon receipt of an application for Multistate License,

the Home State Licensing Authority shall determine the applicant's

eligibility for a Multistate License in accordance with Section 4

of this Compact.

B. If such applicant is eligible pursuant to Section 4 of

this Compact, the Home State Licensing Authority shall issue a

Multistate License that authorizes the applicant or Regulated

Social Worker to practice in all Member States under a Multistate

Authorization to Practice.

C. Upon issuance of a Multistate License, the Home State

Licensing Authority shall designate whether the Regulated Social

Worker holds a Multistate License in the Bachelors, Masters, or

Clinical category of Social Work.

D. A Multistate License issued by a Home State to a resident

in that State shall be recognized by all Compact Member States as

authorizing Social Work Practice under a Multistate Authorization

to Practice corresponding to each category of licensure regulated

in each Member State.

SECTION 6: AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER

STATE LICENSING AUTHORITIES

A. Nothing in this Compact, nor any Rule of the Commission,

shall be construed to limit, restrict, or in any way reduce the

ability of a Member State to enact and enforce laws, regulations, or

other rules related to the practice of Social Work in that State,

where those laws, regulations, or other rules are not inconsistent

with the provisions of this Compact.

B. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

C. Nothing in this Compact, nor any Rule of the Commission,

shall be construed to limit, restrict, or in any way reduce the

ability of a Member State to take Adverse Action against a

Licensee's Single State License to practice Social Work in that

State.

D. Nothing in this Compact, nor any Rule of the Commission,

shall be construed to limit, restrict, or in any way reduce the

ability of a Remote State to take Adverse Action against a

Licensee's Multistate Authorization to Practice in that State.

E. Nothing in this Compact, nor any Rule of the Commission,

shall be construed to limit, restrict, or in any way reduce the

ability of a Licensee's Home State to take Adverse Action against a

Licensee's Multistate License based upon information provided by a

Remote State.

SECTION 7: REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE

A. A Licensee can hold a Multistate License, issued by their

Home State, in only one Member State at any given time.

B. If a Licensee changes their Home State by moving between

two Member States:

1. The Licensee shall immediately apply for the

reissuance of their Multistate License in their new Home State. The

Licensee shall pay all applicable fees and notify the prior Home

State in accordance with the Rules of the Commission.

2. Upon receipt of an application to reissue a

Multistate License, the new Home State shall verify that the

Multistate License is active, unencumbered and eligible for

reissuance under the terms of the Compact and the Rules of the

Commission. The Multistate License issued by the prior Home State

will be deactivated and all Member States notified in accordance

with the applicable Rules adopted by the Commission.

3. Prior to the reissuance of the Multistate License,

the new Home State shall conduct procedures for considering the

criminal history records of the Licensee. Such procedures shall

include the submission of fingerprints or other biometric-based

information by applicants for the purpose of obtaining an

applicant's criminal history record information from the Federal

Bureau of Investigation and the agency responsible for retaining

that State's criminal records.

4. If required for initial licensure, the new Home

State may require completion of jurisprudence requirements in the

new Home State.

5. Notwithstanding any other provision of this

Compact, if a Licensee does not meet the requirements set forth in

this Compact for the reissuance of a Multistate License by the new

Home State, then the Licensee shall be subject to the new Home State

requirements for the issuance of a Single State License in that

State.

C. If a Licensee changes their primary State of residence by

moving from a Member State to a non-Member State, or from a

non-Member State to a Member State, then the Licensee shall be

subject to the State requirements for the issuance of a Single State

License in the new Home State.

D. Nothing in this Compact shall interfere with a Licensee's

ability to hold a Single State License in multiple States; however,

for the purposes of this Compact, a Licensee shall have only one

Home State, and only one Multistate License.

E. Nothing in this Compact shall interfere with the

requirements established by a Member State for the issuance of a

Single State License.

SECTION 8. MILITARY FAMILIES

An Active Military Member or their spouse shall designate a

Home State where the individual has a Multistate License. The

individual may retain their Home State designation during the

period the service member is on active duty.

SECTION 9. ADVERSE ACTIONS

A. In addition to the other powers conferred by State law, a

Remote State shall have the authority, in accordance with existing

State due process law, to:

1. Take Adverse Action against a Regulated Social

Worker's Multistate Authorization to Practice only within that

Member State, and issue subpoenas for both hearings and

investigations that require the attendance and testimony of

witnesses as well as the production of evidence. Subpoenas issued

by a Licensing Authority in a Member State for the attendance and

testimony of witnesses or the production of evidence from another

Member State shall be enforced in the latter State by any court of

competent jurisdiction, according to the practice and procedure of

that court applicable to subpoenas issued in proceedings pending

before it. The issuing Licensing Authority shall pay any witness

fees, travel expenses, mileage, and other fees required by the

service statutes of the State in which the witnesses or evidence are

located.

2. Only the Home State shall have the power to take

Adverse Action against a Regulated Social Worker's Multistate

License.

B. For purposes of taking Adverse Action, the Home State

shall give the same priority and effect to reported conduct

received from a Member State as it would if the conduct had occurred

within the Home State. In so doing, the Home State shall apply its

own State laws to determine appropriate action.

C. The Home State shall complete any pending investigations

of a Regulated Social Worker who changes their Home State during the

course of the investigations. The Home State shall also have the

authority to take appropriate action(s) and shall promptly report

the conclusions of the investigations to the administrator of the

Data System. The administrator of the Data System shall promptly

notify the new Home State of any Adverse Actions.

D. A Member State, if otherwise permitted by State law, may

recover from the affected Regulated Social Worker the costs of

investigations and dispositions of cases resulting from any Adverse

Action taken against that Regulated Social Worker.

E. A Member State may take Adverse Action based on the

factual findings of another Member State, provided that the Member

State follows its own procedures for taking the Adverse Action.

F. Joint Investigations:

1. In addition to the authority granted to a Member

State by its respective Social Work practice act or other

applicable State law, any Member State may participate with other

Member States in joint investigations of Licensees.

2. Member States shall share any investigative,

litigation, or compliance materials in furtherance of any joint or

individual investigation initiated under the Compact.

G. If Adverse Action is taken by the Home State against the

Multistate License of a Regulated Social Worker, the Regulated

Social Worker's Multistate Authorization to Practice in all other

Member States shall be deactivated until all Encumbrances have been

removed from the Multistate License. All Home State disciplinary

orders that impose Adverse Action against the license of a

Regulated Social Worker shall include a statement that the

Regulated Social Worker's Multistate Authorization to Practice is

deactivated in all Member States until all conditions of the

decision, order or agreement are satisfied.

H. If a Member State takes Adverse Action, it shall promptly

notify the administrator of the Data System. The administrator of

the Data System shall promptly notify the Home State and all other

Member State's of any Adverse Actions by Remote States.

I. Nothing in this Compact shall override a Member State's

decision that participation in an Alternative Program may be used

in lieu of Adverse Action.

J. Nothing in this Compact shall authorize a Member State to

demand the issuance of subpoenas for attendance and testimony of

witnesses or the production of evidence from another Member State

for lawful actions within that Member State.

K. Nothing in this Compact shall authorize a Member State to

impose discipline against a Regulated Social Worker who holds a

Multistate Authorization to Practice for lawful actions within

another Member State.

SECTION 10. ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT

COMMISSION

A. The Compact Member States hereby create and establish a

joint government agency whose membership consists of all Member

States that have enacted the compact known as the Social Work

Licensure Compact Commission. The Commission is an instrumentality

of the Compact States acting jointly and not an instrumentality of

any one State. The Commission shall come into existence on or after

the effective date of the Compact as set forth in Section 14.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one

(1) delegate selected by that Member State's State Licensing

Authority.

2. The delegate shall be either:

a. A current member of the State Licensing

Authority at the time of appointment, who is a Regulated Social

Worker or public member of the State Licensing Authority; or

b. An administrator of the State Licensing

Authority or their designee.

3. The Commission shall by Rule or bylaw establish a

term of office for delegates and may by Rule or bylaw establish term

limits.

4. The Commission may recommend removal or suspension

any delegate from office.

5. A Member State's State Licensing Authority shall

fill any vacancy of its delegate occurring on the Commission within

60 days of the vacancy.

6. Each delegate shall be entitled to one vote on all

matters before the Commission requiring a vote by Commission

delegates.

7. A delegate shall vote in person or by such other

means as provided in the bylaws. The bylaws may provide for

delegates to meet by telecommunication, videoconference, or other

means of communication.

8. The Commission shall meet at least once during each

calendar year. Additional meetings may be held as set forth in the

bylaws. The Commission may meet by telecommunication, video

conference or other similar electronic means.

C. The Commission shall have the following powers:

1. Establish the fiscal year of the Commission;

2. Establish code of conduct and conflict of interest

policies;

3. Establish and amend Rules and bylaws;

4. Maintain its financial records in accordance with

the bylaws;

5. Meet and take such actions as are consistent with

the provisions of this Compact, the Commission's Rules, and the

bylaws;

6. Initiate and conclude legal proceedings or actions

in the name of the Commission, provided that the standing of any

State Licensing Board to sue or be sued under applicable law shall

not be affected;

7. Maintain and certify records and information

provided to a Member State as the authenticated business records of

the Commission, and designate an agent to do so on the Commission's

behalf;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of

personnel, including, but not limited to, employees of a Member

State;

10. Conduct an annual financial review

11. Hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate

authority to carry out the purposes of the Compact, and establish

the Commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other

related personnel matters;

12. Assess and collect fees;

13. Accept any and all appropriate gifts, donations,

grants of money, other sources of revenue, equipment, supplies,

materials, and services, and receive, utilize, and dispose of the

same; provided that at all times the Commission shall avoid any

appearance of impropriety or conflict of interest;

14. Lease, purchase, retain, own, hold, improve, or

use any property, real, personal, or mixed, or any undivided

interest therein;

15. Sell, convey, mortgage, pledge, lease, exchange,

abandon, or otherwise dispose of any property real, personal, or

mixed;

16. Establish a budget and make expenditures;

17. Borrow money;

18. Appoint committees, including standing

committees, composed of members, State regulators, State

legislators or their representatives, and consumer

representatives, and such other interested persons as may be

designated in this Compact and the bylaws;

19. Provide and receive information from, and

cooperate with, law enforcement agencies;

20. Establish and elect an Executive Committee,

including a chair and a vice chair;

21. Determine whether a State's adopted language is

materially different from the model compact language such that the

State would not qualify for participation in the Compact; and

22. Perform such other functions as may be necessary

or appropriate to achieve the purposes of this Compact.

D. The Executive Committee

1. The Executive Committee shall have the power to act

on behalf of the Commission according to the terms of this Compact.

The powers, duties, and responsibilities of the Executive Committee

shall include:

a. Oversee the day-to-day activities of the

administration of the compact including enforcement and compliance

with the provisions of the compact, its Rules and bylaws, and other

such duties as deemed necessary;

b. Recommend to the Commission changes to the

Rules or bylaws, changes to this Compact legislation, fees charged

to Compact Member States, fees charged to Licensees, and other

fees;

c. Ensure Compact administration services are

appropriately provided, including by contract;

d. Prepare and recommend the budget;

e. Maintain financial records on behalf of the

Commission;

f. Monitor Compact compliance of Member States

and provide compliance reports to the Commission;

g. Establish additional committees as necessary;

h. Exercise the powers and duties of the

Commission during the interim between Commission meetings, except

for adopting or amending Rules, adopting or amending bylaws, and

exercising any other powers and duties expressly reserved to the

Commission by Rule or bylaw; and

i. Other duties as provided in the Rules or

bylaws of the Commission.

2. The Executive Committee shall be composed of up to

eleven (11) members:

a. The chair and vice chair of the Commission

shall be voting members of the Executive Committee; and

b. The Commission shall elect five voting members

from the current membership of the Commission.

c. Up to four (4) ex-officio, nonvoting members

from four (4) recognized national Social Work organizations.

d. The ex-officio members will be selected by

their respective organizations.

3. The Commission may remove any member of the

Executive Committee as provided in the Commission's bylaws.

4. The Executive Committee shall meet at least

annually.

a. Executive Committee meetings shall be open to

the public, except that the Executive Committee may meet in a

closed, non-public meeting as provided in subsection F.2 below.

b. The Executive Committee shall give seven (7)

days' notice of its meetings, posted on its website and as

determined to provide notice to persons with an interest in the

business of the Commission.

c. The Executive Committee may hold a special

meeting in accordance with subsection F.1.b. below.

E. The Commission shall adopt and provide to the Member

States an annual report.

F. Meetings of the Commission

1. All meetings shall be open to the public, except

that the Commission may meet in a closed, non-public meeting as

provided in subsection F.2 below.

a. Public notice for all meetings of the full

Commission of meetings shall be given in the same manner as required

under the Rulemaking provisions in Section 12, except that the

Commission may hold a special meeting as provided in subsection

F.1.b below.

b. The Commission may hold a special meeting when

it must meet to conduct emergency business by giving 48 hours'

notice to all commissioners, on the Commission's website, and other

means as provided in the Commission's Rules. The Commission's legal

counsel shall certify that the Commission's need to meet qualifies

as an emergency.

2. The Commission or the Executive Committee or other

committees of the Commission may convene in a closed, non-public

meeting for the Commission or Executive Committee or other

committees of the Commission to receive legal advice or to discuss:

a. Non-compliance of a Member State with its

obligations under the Compact;

b. The employment, compensation, discipline or

other matters, practices or procedures related to specific

employees;

c. Current or threatened discipline of a Licensee

by the Commission or by a Member State's Licensing Authority;

d. Current, threatened, or reasonably

anticipated litigation;

e. Negotiation of contracts for the purchase,

lease, or sale of goods, services, or real estate;

f. Accusing any person of a crime or formally

censuring any person;

g. Trade secrets or commercial or financial

information that is privileged or confidential;

h. Information of a personal nature where

disclosure would constitute a clearly unwarranted invasion of

personal privacy;

i. Investigative records compiled for law

enforcement purposes;

j. Information related to any investigative

reports prepared by or on behalf of or for use of the Commission or

other committee charged with responsibility of investigation or

determination of compliance issues pursuant to the Compact;

k. Matters specifically exempted from disclosure

by federal or Member State law; or

l. Other matters as promulgated by the Commission

by Rule.

3. If a meeting, or portion of a meeting, is closed,

the presiding officer shall state that the meeting will be closed

and reference each relevant exempting provision, and such reference

shall be recorded in the minutes.

4. The Commission shall keep minutes that fully and

clearly describe all matters discussed in a meeting and shall

provide a full and accurate summary of actions taken, and the

reasons therefore, including a description of the views expressed.

All documents considered in connection with an action shall be

identified in such minutes. All minutes and documents of a closed

meeting shall remain under seal, subject to release only by a

majority vote of the Commission or order of a court of competent

jurisdiction.

G. Financing of the Commission

1. The Commission shall pay, or provide for the

payment of, the reasonable expenses of its establishment,

organization, and ongoing activities.

2. The Commission may accept any and all appropriate

revenue sources as provided in subsection C(13).

3. The Commission may levy on and collect an annual

assessment from each Member State and impose fees on Licensees of

Member States to whom it grants a Multistate License to cover the

cost of the operations and activities of the Commission and its

staff, which must be in a total amount sufficient to cover its

annual budget as approved each year for which revenue is not

provided by other sources. The aggregate annual assessment amount

for Member States shall be allocated based upon a formula that the

Commission shall promulgate by Rule.

4. The Commission shall not incur obligations of any

kind prior to securing the funds adequate to meet the same; nor

shall the Commission pledge the credit of any of the Member States,

except by and with the authority of the Member State.

5. The Commission shall keep accurate accounts of all

receipts and disbursements. The receipts and disbursements of the

Commission shall be subject to the financial review and accounting

procedures established under its bylaws. However, all receipts and

disbursements of funds handled by the Commission shall be subject

to an annual financial review by a certified or licensed public

accountant, and the report of the financial review shall be

included in and become part of the annual report of the Commission.

H. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director,

employees and representatives of the Commission shall be immune

from suit and liability, both personally and in their official

capacity, for any claim for damage to or loss of property or

personal injury or other civil liability caused by or arising out of

any actual or alleged act, error, or omission that occurred, or that

the person against whom the claim is made had a reasonable basis for

believing occurred within the scope of Commission employment,

duties or responsibilities; provided that nothing in this paragraph

shall be construed to protect any such person from suit or liability

for any damage, loss, injury, or liability caused by the

intentional or willful or wanton misconduct of that person. The

procurement of insurance of any type by the Commission shall not in

any way compromise or limit the immunity granted hereunder.

2. The Commission shall defend any member, officer,

executive director, employee, and representative of the Commission

in any civil action seeking to impose liability arising out of any

actual or alleged act, error, or omission that occurred within the

scope of Commission employment, duties, or responsibilities, or as

determined by the Commission that the person against whom the claim

is made had a reasonable basis for believing occurred within the

scope of Commission employment, duties, or responsibilities;

provided that nothing herein shall be construed to prohibit that

person from retaining their own counsel at their own expense; and

provided further, that the actual or alleged act, error, or

omission did not result from that person's intentional or willful

or wanton misconduct.

3. The Commission shall indemnify and hold harmless

any member, officer, executive director, employee, and

representative of the Commission for the amount of any settlement

or judgment obtained against that person arising out of any actual

or alleged act, error, or omission that occurred within the scope of

Commission employment, duties, or responsibilities, or that such

person had a reasonable basis for believing occurred within the

scope of Commission employment, duties, or responsibilities,

provided that the actual or alleged act, error, or omission did not

result from the intentional or willful or wanton misconduct of that

person.

4. Nothing herein shall be construed as a limitation

on the liability of any Licensee for professional malpractice or

misconduct, which shall be governed solely by any other applicable

State laws.

5. Nothing in this Compact shall be interpreted to

waive or otherwise abrogate a Member State's state action immunity

or state action affirmative defense with respect to antitrust

claims under the Sherman Act, Clayton Act, or any other State or

federal antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a

waiver of sovereign immunity by the Member States or by the

Commission.

SECTION 11. DATA SYSTEM

A. The Commission shall provide for the development,

maintenance, operation, and utilization of a coordinated Data

System.

B. The Commission shall assign each applicant for a

Multistate License a unique identifier, as determined by the Rules

of the Commission.

C. Notwithstanding any other provision of State law to the

contrary, a Member State shall submit a uniform data set to the Data

System on all individuals to whom this Compact is applicable as

required by the Rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a license and information

related thereto;

4. Non-confidential information related to

Alternative Program participation, the beginning and ending dates

of such participation, and other information related to such

participation not made confidential under Member State law;

5. Any denial of application for licensure, and the

reason(s) for such denial;

6. The presence of Current Significant Investigative

Information; and

7. Other information that may facilitate the

administration of this Compact or the protection of the public, as

determined by the Rules of the Commission.

D. The records and information provided to a Member State

pursuant to this Compact or through the Data System, when certified

by the Commission or an agent thereof, shall constitute the

authenticated business records of the Commission, and shall be

entitled to any associated hearsay exception in any relevant

judicial, quasi-judicial or administrative proceedings in a Member

State.

E. Current Significant Investigative Information

pertaining to a Licensee in any Member State will only be available

to other Member States.

1. It is the responsibility of the Member States to

report any Adverse Action against a Licensee and to monitor the

database to determine whether Adverse Action has been taken against

a Licensee. Adverse Action information pertaining to a Licensee in

any Member State will be available to any other Member State.

F. Member States contributing information to the Data

System may designate information that may not be shared with the

public without the express permission of the contributing State.

G. Any information submitted to the Data System that is

subsequently expunged pursuant to federal law or the laws of the

Member State contributing the information shall be removed from the

Data System.

SECTION 12. RULEMAKING

A. The Commission shall promulgate reasonable Rules in

order to effectively and efficiently implement and administer the

purposes and provisions of the Compact. A Rule shall be invalid and

have no force or effect only if a court of competent jurisdiction

holds that the Rule is invalid because the Commission exercised its

rulemaking authority in a manner that is beyond the scope and

purposes of the Compact, or the powers granted hereunder, or based

upon another applicable standard of review.

B. The Rules of the Commission shall have the force of law in

each Member State, provided however that where the Rules of the

Commission conflict with the laws of the Member State that

establish the Member State's laws, regulations, and applicable

standards that govern the practice of Social Work as held by a court

of competent jurisdiction, the Rules of the Commission shall be

ineffective in that State to the extent of the conflict.

C. The Commission shall exercise its Rulemaking powers

pursuant to the criteria set forth in this Section and the Rules

adopted thereunder. Rules shall become binding on the day

following adoption or the date specified in the rule or amendment,

whichever is later.

D. If a majority of the legislatures of the Member States

rejects a Rule or portion of a Rule, by enactment of a statute or

resolution in the same manner used to adopt the Compact within four

(4) years of the date of adoption of the Rule, then such Rule shall

have no further force and effect in any Member State.

E. Rules shall be adopted at a regular or special meeting of

the Commission.

F. Prior to adoption of a proposed Rule, the Commission

shall hold a public hearing and allow persons to provide oral and

written comments, data, facts, opinions, and arguments.

G. Prior to adoption of a proposed Rule by the Commission,

and at least thirty (30) days in advance of the meeting at which the

Commission will hold a public hearing on the proposed Rule, the

Commission shall provide a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly

accessible platform;

2. To persons who have requested notice of the

Commission's notices of proposed rulemaking, and

3. In such other way(s) as the Commission may by Rule

specify.

H. The Notice of Proposed Rulemaking shall include:

1. The time, date, and location of the public hearing

at which the Commission will hear public comments on the proposed

Rule and, if different, the time, date, and location of the meeting

where the Commission will consider and vote on the proposed Rule;

2. If the hearing is held via telecommunication, video

conference, or other electronic means, the Commission shall include

the mechanism for access to the hearing in the Notice of Proposed

Rulemaking;

3. The text of the proposed Rule and the reason

therefor;

4. A request for comments on the proposed Rule from any

interested person; and

5. The manner in which interested persons may submit

written comments.

I. All hearings will be recorded. A copy of the recording

and all written comments and documents received by the Commission

in response to the proposed Rule shall be available to the public.

J. Nothing in this section shall be construed as requiring a

separate hearing on each Rule. Rules may be grouped for the

convenience of the Commission at hearings required by this section.

K. The Commission shall, by majority vote of all members,

take final action on the proposed Rule based on the Rulemaking

record and the full text of the Rule.

1. The Commission may adopt changes to the proposed

Rule provided the changes do not enlarge the original purpose of the

proposed Rule.

2. The Commission shall provide an explanation of the

reasons for substantive changes made to the proposed Rule as well as

reasons for substantive changes not made that were recommended by

commenters.

3. The Commission shall determine a reasonable

effective date for the Rule. Except for an emergency as provided in

Section 12.L, the effective date of the rule shall be no sooner than

30 days after issuing the notice that it adopted or amended the

Rule.

L. Upon determination that an emergency exists, the

Commission may consider and adopt an emergency Rule with 48 hours'

notice, with opportunity to comment, provided that the usual

Rulemaking procedures provided in the Compact and in this section

shall be retroactively applied to the Rule as soon as reasonably

possible, in no event later than ninety (90) days after the

effective date of the Rule. For the purposes of this provision, an

emergency Rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety,

or welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of a Rule that

is established by federal law or rule; or

4. Protect public health and safety.

M. The Commission or an authorized committee of the

Commission may direct revisions to a previously adopted Rule for

purposes of correcting typographical errors, errors in format,

errors in consistency, or grammatical errors. Public notice of any

revisions shall be posted on the website of the Commission. The

revision shall be subject to challenge by any person for a period of

thirty (30) days after posting. The revision may be challenged only

on grounds that the revision results in a material change to a Rule.

A challenge shall be made in writing and delivered to the Commission

prior to the end of the notice period. If no challenge is made, the

revision will take effect without further action. If the revision

is challenged, the revision may not take effect without the

approval of the Commission.

N. No Member State's rulemaking requirements shall apply

under this compact.

SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive and judicial branches of State

government in each Member State shall enforce this Compact and take

all actions necessary and appropriate to implement the Compact.

2. Except as otherwise provided in this Compact, venue

is proper and judicial proceedings by or against the Commission

shall be brought solely and exclusively in a court of competent

jurisdiction where the principal office of the Commission is

located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings. Nothing herein shall

affect or limit the selection or propriety of venue in any action

against a Licensee for professional malpractice, misconduct or any

such similar matter.

3. The Commission shall be entitled to receive service

of process in any proceeding regarding the enforcement or

interpretation of the Compact and shall have standing to intervene

in such a proceeding for all purposes. Failure to provide the

Commission service of process shall render a judgment or order void

as to the Commission, this Compact, or promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State

has defaulted in the performance of its obligations or

responsibilities under this Compact or the promulgated Rules, the

Commission shall provide written notice to the defaulting State.

The notice of default shall describe the default, the proposed

means of curing the default, and any other action that the

Commission may take, and shall offer training and specific

technical assistance regarding the default.

2. The Commission shall provide a copy of the notice of

default to the other Member States.

C. If a State in default fails to cure the default, the

defaulting State may be terminated from the Compact upon an

affirmative vote of a majority of the delegates of the Member

States, and all rights, privileges and benefits conferred on that

State by this Compact may be terminated on the effective date of

termination. A cure of the default does not relieve the offending

State of obligations or liabilities incurred during the period of

default.

D. Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to suspend or terminate shall be given

by the Commission to the governor, the majority and minority

leaders of the defaulting State's legislature, the defaulting

State's State Licensing Authority and each of the Member States'

State Licensing Authority.

E. A State that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

F. Upon the termination of a State's membership from this

Compact, that State shall immediately provide notice to all

Licensees within that State of such termination. The terminated

State shall continue to recognize all licenses granted pursuant to

this Compact for a minimum of six (6) months after the date of said

notice of termination.

G. The Commission shall not bear any costs related to a

State that is found to be in default or that has been terminated

from the Compact, unless agreed upon in writing between the

Commission and the defaulting State.

H. The defaulting State may appeal the action of the

Commission by petitioning the U.S. District Court for the District

of Columbia or the federal district where the Commission has its

principal offices. The prevailing party shall be awarded all costs

of such litigation, including reasonable attorney's fees.

I. Dispute Resolution

1. Upon request by a Member State, the Commission

shall attempt to resolve disputes related to the Compact that arise

among Member States and between Member and non-Member States.

2. The Commission shall promulgate a Rule providing

for both mediation and binding dispute resolution for disputes as

appropriate.

J. Enforcement

1. By majority vote as provided by Rule, the

Commission may initiate legal action against a Member State in

default in the United States District Court for the District of

Columbia or the federal district where the Commission has its

principal offices to enforce compliance with the provisions of the

Compact and its promulgated Rules. The relief sought may include

both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorney's fees. The

remedies herein shall not be the exclusive remedies of the

Commission. The Commission may pursue any other remedies available

under federal or the defaulting Member State's law.

2. A Member State may initiate legal action against

the Commission in the U.S. District Court for the District of

Columbia or the federal district where the Commission has its

principal offices to enforce compliance with the provisions of the

Compact and its promulgated Rules. The relief sought may include

both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorney's fees.

3. No person other than a Member State shall enforce

this compact against the Commission.

SECTION 14. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which

the Compact statute is enacted into law in the seventh Member State.

1. On or after the effective date of the Compact, the

Commission shall convene and review the enactment of each of the

first seven Member States ("Charter Member States") to determine if

the statute enacted by each such Charter Member State is materially

different than the model Compact statute.

a. A Charter Member State whose enactment is

found to be materially different from the model Compact statute

shall be entitled to the default process set forth in Section 13.

b. If any Member State is later found to be in

default, or is terminated or withdraws from the Compact, the

Commission shall remain in existence and the Compact shall remain

in effect even if the number of Member States should be less than

seven.

2. Member States enacting the Compact subsequent to

the seven initial Charter Member States shall be subject to the

process set forth in Section 10(C)(21) to determine if their

enactments are materially different from the model Compact statute

and whether they qualify for participation in the Compact.

3. All actions taken for the benefit of the Commission

or in furtherance of the purposes of the administration of the

Compact prior to the effective date of the Compact or the Commission

coming into existence shall be considered to be actions of the

Commission unless specifically repudiated by the Commission.

4. Any State that joins the Compact subsequent to the

Commission's initial adoption of the Rules and bylaws shall be

subject to the Rules and bylaws as they exist on the date on which

the Compact becomes law in that State. Any Rule that has been

previously adopted by the Commission shall have the full force and

effect of law on the day the Compact becomes law in that State.

B. Any Member State may withdraw from this Compact by

enacting a statute repealing the same.

1. A Member State's withdrawal shall not take effect

until 180 days after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing

requirement of the withdrawing State's Licensing Authority to

comply with the investigative and Adverse Action reporting

requirements of this Compact prior to the effective date of

withdrawal.

3. Upon the enactment of a statute withdrawing from

this compact, a State shall immediately provide notice of such

withdrawal to all Licensees within that State. Notwithstanding any

subsequent statutory enactment to the contrary, such withdrawing

State shall continue to recognize all licenses granted pursuant to

this compact for a minimum of 180 days after the date of such notice

of withdrawal.

C. Nothing contained in this Compact shall be construed to

invalidate or prevent any licensure agreement or other cooperative

arrangement between a Member State and a non-Member State that does

not conflict with the provisions of this Compact.

D. This Compact may be amended by the Member States. No

amendment to this Compact shall become effective and binding upon

any Member State until it is enacted into the laws of all Member

States.

SECTION 15. CONSTRUCTION AND SEVERABILITY

A. This Compact and the Commission's rulemaking authority

shall be liberally construed so as to effectuate the purposes, and

the implementation and administration of the Compact. Provisions

of the Compact expressly authorizing or requiring the promulgation

of Rules shall not be construed to limit the Commission's

rulemaking authority solely for those purposes.

B. The provisions of this Compact shall be severable and if

any phrase, clause, sentence or provision of this Compact is held by

a court of competent jurisdiction to be contrary to the

constitution of any Member State, a State seeking participation in

the Compact, or of the United States, or the applicability thereof

to any government, agency, person or circumstance is held to be

unconstitutional by a court of competent jurisdiction, the validity

of the remainder of this Compact and the applicability thereof to

any other government, agency, person or circumstance shall not be

affected thereby.

C. Notwithstanding subsection B of this section, the

Commission may deny a State's participation in the Compact or, in

accordance with the requirements of Section 13.B, terminate a

Member State's participation in the Compact, if it determines that

a constitutional requirement of a Member State is a material

departure from the Compact. Otherwise, if this Compact shall be

held to be contrary to the constitution of any Member State, the

Compact shall remain in full force and effect as to the remaining

Member States and in full force and effect as to the Member State

affected as to all severable matters.

SECTION 16. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

A. A Licensee providing services in a Remote State under a

Multistate Authorization to Practice shall adhere to the laws and

regulations, including laws, regulations, and applicable

standards, of the Remote State where the client is located at the

time care is rendered.

B. Nothing herein shall prevent or inhibit the enforcement

of any other law of a Member State that is not inconsistent with the

Compact.

C. Any laws, statutes, regulations, or other legal

requirements in a Member State in conflict with the Compact are

superseded to the extent of the conflict.

D. All permissible agreements between the Commission and

the Member States are binding in accordance with their terms.

Sec. 505.652. ADMINISTRATION OF COMPACT. The executive

council is the Social Work Licensure Compact administrator for this

state.

Sec. 505.653. RULES. The executive council may adopt rules

necessary to implement this subchapter.

SECTION 2. This Act takes effect September 1, 2025.